Federal Register / Vol. 77, No. 188 / Thursday, September 27, 2012 / Rules and Regulations 59343 

■ 6. Section 1852.228–78 is revised to 

read as follows: 

1852.228–78 Cross-waiver of liability for 

science or space exploration activities 

unrelated to the International Space Station. 

As prescribed in 1828.371(b) and (d), 

insert the following clause: 

CROSS–WAIVER OF LIABILITY FOR 

SCIENCE OR SPACE EXPLORATION 

ACTIVITIES UNRELATED TO THE 

INTERNATIONAL SPACE STATION 

(OCT 2012) 

(a) The purpose of this clause is to extend 

a cross-waiver of liability to NASA contracts 

for work done in support of Agreements 

between Parties involving Science or Space 

Exploration activities that are not related to 

the International Space Station (ISS) but 

involve a launch. This cross-waiver of 

liability shall be broadly construed to achieve 

the objective of furthering participation in 

space exploration, use, and investment. 

(b) As used in this clause, the term: 

(1) ‘‘Agreement’’ refers to any NASA Space 

Act agreement that contains the cross-waiver 

of liability provision authorized in 14 CFR 

1266.104. 

(2) ‘‘Damage’’ means: 

(i) Bodily injury to, or other impairment of 

health of, or death of, any person; 

(ii) Damage to, loss of, or loss of use of any 

property; 

(iii) Loss of revenue or profits; or 

(iv) Other direct, indirect, or consequential 

Damage; 

(3) ‘‘Launch Vehicle’’ means an object, or 

any part thereof, intended for launch, 

launched from Earth, or returning to Earth 

which carries Payloads or persons, or both. 

(4) ‘‘Party’’ means a party to a NASA Space 

Act agreement for Science or Space 

Exploration activities unrelated to the ISS 

that involve a launch and a party that is 

neither the prime contractor under this 

contract nor a subcontractor at any tier 

hereof. 

(5) ‘‘Payload’’ means all property to be 

flown or used on or in a Launch Vehicle. 

(6) ‘‘Protected Space Operations’’ means 

all Launch or Transfer Vehicle activities and 

Payload activities on Earth, in outer space, or 

in transit between Earth and outer space in 

implementation of an Agreement for Science 

or Space Exploration activities unrelated to 

the ISS that involve a launch. Protected 

Space Operations begins at the signature of 

the Agreement and ends when all activities 

done in implementation of the Agreement are 

completed. It includes, but is not limited to: 

(i) Research, design, development, test, 

manufacture, assembly, integration, 

operation, or use of Launch or Transfer 

Vehicles, Payloads, or instruments, as well as 

related support equipment and facilities and 

services; and 

(ii) All activities related to ground support, 

test, training, simulation, or guidance and 

control equipment, and related facilities or 

services. 

Protected Space Operations excludes 

activities on Earth which are conducted on 

return from space to develop further a 

payload’s product or process other than for 

the activities within the scope of an 

Agreement. 

(7) ‘‘Related entity’’ means: 

(i) A contractor or subcontractor of a Party 

at any tier; 

(ii) A user or customer of a Party at any 

tier; or 

(iii) A contractor or subcontractor of a user 

or customer of a Party at any tier. 

Note to paragraph (a)(7): The terms 

‘‘contractors’’ and ‘‘subcontractors’’ include 

suppliers of any kind. 

(8) ‘‘Transfer Vehicle’’ means any vehicle 

that operates in space and transfers Payloads 

or persons or both between two different 

space objects, between two different 

locations on the same space object, or 

between a space object and the surface of a 

celestial body. A Transfer Vehicle also 

includes a vehicle that departs from and 

returns to the same location on a space 

object. 

(c) Cross-waiver of liability: 

(1) The Contractor agrees to a waiver of 

liability pursuant to which it waives all 

claims against any of the entities or persons 

listed in paragraphs (c)(1)(i) through (c)(1)(iv) 

of this clause based on Damage arising out of 

Protected Space Operations. This crosswaiver shall apply only if the person, entity, 

or property causing the Damage is involved 

in Protected Space Operations and the 

person, entity, or property damaged is 

damaged by virtue of its involvement in 

Protected Space Operations. The waiver shall 

apply to any claims for Damage, whatever the 

legal basis for such claims, against: 

(i) A Party; 

(ii) A Party to another NASA Agreement or 

contract that includes flight on the same 

Launch Vehicle; 

(iii) A Related Entity of any entity 

identified in paragraphs (c)(1)(i) or (c)(1)(ii) 

of this clause; or 

(iv) The employees of any of the entities 

identified in (c)(1)(i) through (iii) of this 

clause. 

(2) The Contractor agrees to extend the 

cross-waiver of liability as set forth in 

paragraph (c)(1) of this clause to its own 

subcontractors at all tiers by requiring them, 

by contract or otherwise, to: 

(i) Waive all claims against the entities or 

persons identified in paragraphs (c)(1)(i) 

through (c)(1)(iv) of this clause; and 

(ii) Require that their Related Entities 

waive all claims against the entities or 

persons identified in paragraphs (c)(1)(i) 

through (c)(1)(iv) of this clause. 

(3) For avoidance of doubt, this crosswaiver of liability includes a cross-waiver of 

claims arising from the Convention on 

International Liability for Damage Caused by 

Space Objects, entered into force on 1 

September 1972, in which the person, entity, 

or property causing the Damage is involved 

in Protected Space Operations and the 

person, entity, or property damaged is 

damaged by virtue of its involvement in 

Protected Space Operations. 

(4) Notwithstanding the other provisions of 

this clause, this cross-waiver of liability shall 

not be applicable to: 

(i) Claims between the Government and its 

own contractors or between its own 

contractors and subcontractors; 

(ii) Claims made by a natural person, his/ 

her estate, survivors, or subrogees (except 

when a subrogee is a Party to an Agreement 

or is otherwise bound by the terms of this 

cross-waiver) for bodily injury to, or other 

impairment of health, or death of such 

person; 

(iii) Claims for Damage caused by willful 

misconduct; 

(iv) Intellectual property claims; 

(v) Claims for damages resulting from a 

failure of the contractor to extend the crosswaiver of liability to its subcontractors and 

related entities, pursuant to paragraph (c)(2) 

of this clause; or 

(vi) Claims by the Government arising out 

of or relating to a contractor’s failure to 

perform its obligations under this contract. 

(5) Nothing in this clause shall be 

construed to create the basis for a claim or 

suit where none would otherwise exist. 

(6) This cross-waiver shall not be 

applicable when 49 U.S.C. Subtitle IX, 

Chapter 701 is applicable. 

(End of Clause) 

[FR Doc. 2012–23715 Filed 9–26–12; 8:45 am] 

BILLING CODE 7510–01–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 3415 

Contracting by Negotiation 

CFR Correction 

In Title 48 of the Code of Federal 

Regulations, Chapter 29 to End, revised 

as of October 1, 2011, on page 150, in 

section 3415.605, paragraph (d) is 

correctly revised, and section 3415.606 

is added to read as follows: 

3415.605 Content of unsolicited 

proposals. 

* * * * * 

d. No prior commitments were 

received from Departmental employees 

regarding acceptance of this proposal. 

Date: 

lllllllllllllllllll

Organization: 

lllllllllllllllllll

Name: 

lllllllllllllllllll

Title: 

lllllllllllllllllll

(This certification must be signed by a 

responsible person authorized to enter 

into contracts on behalf of the 

organization.) 

3415.606 Agency procedures. 

(b)(1) The HCA or designee is the 

contact point to coordinate the receipt, 

control, and handling of unsolicited 

proposals. 


tkelley on DSK3SPTVN1PROD with RULES
59344 Federal Register / Vol. 77, No. 188 / Thursday, September 27, 2012 / Rules and Regulations 

(2) Offerors must direct unsolicited 

proposals to the HCA. 

[FR Doc. 2012–23944 Filed 9–26–12; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 040205043–4043–01] 

RIN 0648–XC134 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; 2012 

Commercial Accountability Measure 

and Closure for South Atlantic 

Vermilion Snapper 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS implements 

accountability measures (AMs) for the 

commercial sector for vermilion snapper 

in the exclusive economic zone (EEZ) of 

the South Atlantic. The Science 

Research Director (SRD) has estimated 

that commercial landings for vermilion 

snapper are projected to have reached 

the commercial annual catch limit 

(ACL) on September 28, 2012. 

Therefore, NMFS closes the commercial 

sector for vermilion snapper in the 

South Atlantic EEZ on September 28, 

2012, and it will remain closed 

throughout the remainder of the fishing 

year. This closure is necessary to protect 

the vermilion snapper resource. 

DATES: This rule is effective 12:01 a.m., 

local time, September 28, 2012, until 

12:01 a.m., local time, January 1, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Catherine Hayslip, telephone: 727–824– 

5305, email: 

Catherine.Hayslip@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

snapper-grouper fishery of the South 

Atlantic includes vermilion snapper and 

is managed under the Fishery 

Management Plan for the SnapperGrouper Fishery of the South Atlantic 

Region (FMP). The FMP was prepared 

by the South Atlantic Fishery 

Management Council and is 

implemented under the authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) by regulations 

at 50 CFR part 622. 

The commercial ACL (commercial 

quota) for vermilion snapper in the 

South Atlantic is 302,523 lb (137,222 

kg), gutted weight, for the current 

fishing period, July 1 through December 

31, 2012, as specified in 50 CFR 

622.42(e)(4)(ii). 

In accordance with regulations at 50 

CFR 622.49(b)(6)(i), NMFS is required to 

close the commercial sector for 

vermilion snapper when the commercial 

ACL (commercial quota) for the 

applicable portion of the fishing year 

has been reached, or is projected to be 

reached, by filing a notification to that 

effect with the Office of the Federal 

Register. NMFS has determined that the 

commercial ACL (commercial quota) for 

South Atlantic vermilion snapper will 

have been reached by September 28, 

2012. Accordingly, the commercial 

sector for South Atlantic vermilion 

snapper is closed effective 12:01 a.m., 

local time, September 28, 2012, until 

12:01 a.m., local time, January 1, 2013. 

The operator of a vessel with a valid 

commercial vessel permit for South 

Atlantic snapper-grouper having 

vermilion snapper onboard must have 

landed and bartered, traded, or sold 

such vermilion snapper prior to 12:01 

a.m., local time, September 28, 2012. 

During the closure, the bag limit 

specified in 50 CFR 622.39(d)(1)(v), 

applies to all harvest or possession of 

vermilion snapper in or from the South 

Atlantic EEZ, including the bag limit 

that may be retained by the captain or 

crew of a vessel operating as a charter 

vessel or headboat. The bag limit for 

such captain and crew is zero. During 

the closure, the possession limits 

specified in 50 CFR 622.39(d)(2) apply 

to all harvest or possession of vermilion 

snapper in or from the South Atlantic 

EEZ. During the closure, the sale or 

purchase of vermilion snapper taken 

from the EEZ is prohibited. The 

prohibition on sale or purchase does not 

apply to the sale or purchase of 

vermilion snapper that were harvested, 

landed ashore, and sold prior to 12:01 

a.m., local time, September 28, 2012, 

and were held in cold storage by a 

dealer or processor. For a person on 

board a vessel for which a Federal 

commercial or charter vessel/headboat 

permit for the South Atlantic snappergrouper fishery has been issued, the sale 

and purchase provisions of the 

commercial closure for vermilion 

snapper would apply regardless of 

whether the fish are harvested in state 

or Federal waters, as specified in 50 

CFR 622.43(a)(5)(ii). 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA, 

(AA), finds that the need to immediately 

implement this action to close the 

commercial sector for vermilion snapper 

constitutes good cause to waive the 

requirements to provide prior notice 

and opportunity for public comment 

pursuant to the authority set forth in 5 

U.S.C. 553(b)(B), as such procedures 

would be unnecessary and contrary to 

the public interest. Such procedures 

would be unnecessary because the rule 

establishing the closure has been subject 

to notice and comment, and all that 

remains is to notify the public of the 

closure. Allowing prior notice and 

opportunity for public comment is 

contrary to the public interest. This 

action needs to be immediately 

implemented to protect vermilion 

snapper because the capacity of the 

fishing fleet allows for rapid harvest of 

the quota. Prior notice and opportunity 

for public comment would require time 

and would potentially result in a 

harvest well in excess of the established 

commercial ACL (commercial quota). 

For the aforementioned reasons, the 

AA also finds good cause to waive the 

30-day delay in the effectiveness of this 

action under 5 U.S.C. 553(d)(3). 

This action is taken under 50 CFR 

622.43(a) and is exempt from review 

under Executive Order 12866. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: September 24, 2012. 

Lindsay Fullenkamp, 

Acting Deputy Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2012–23815 Filed 9–24–12; 4:15 pm] 

BILLING CODE 3510–22–P 


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