18584 Federal Register / Vol. 80, No. 66 / Tuesday, April 7, 2015 / Proposed Rules 

■ 29. Section 1850.104–4 is added to 

read as follows: 

1850.104–4 Contract clause. 

The contracting officer shall obtain 

the NASA Administrator’s approval 

prior to including clause 52.250–1 in a 

contract. 

1850.104–70 [Removed] 

■ 30. Section 1850.104–70 is removed. 

PART 1852—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 31. The authority citation for part 

1852 is revised to read as follows: 

Authority: 51 U.S.C. 20113(a). 

■ 32. Sections 1852.223–72 and 

1852.223–73 are revised to read as 

follows: 

1852.223–72 Safety and Health (Short 

Form). 

As prescribed in 1823.7001(f), insert 

the following clause: 

SAFETY AND HEALTH (SHORT FORM) 

(XX/XX) 

(a) Safety is the freedom from those 

conditions that can cause death, injury, 

occupational illness; damage to or loss of 

equipment or property, or damage to the 

environment. NASA is committed to 

protecting the safety and health of the public, 

our team members, and those assets that the 

Nation entrusts to the Agency. 

(b) The Contractor shall have a 

documented, comprehensive and effective 

health and safety program with a proactive 

process to identify, assess, and control 

hazards and take all reasonable safety and 

occupational health measures consistent with 

standard industry practice in performing this 

contract 

(c) The Contractor shall insert the 

substance of this clause, including this 

paragraph (c) in subcontracts that exceed the 

simplified acquisition threshold where work 

will be conducted completely or partly on 

Federally-controlled facilities. 

(End of clause) 

1852.223–73 Safety and Health Plan. 

As prescribed in 1823.7001(c), insert 

the following clause: 

SAFETY AND HEALTH PLAN (XX/XX) 

(a) The offeror shall submit a detailed 

safety and occupational health plan as part 

of its proposal. The plan shall include a 

detailed discussion of the policies, 

procedures, and techniques that will be used 

to ensure the safety and occupational health 

of Contractor employees and to ensure the 

safety of all working conditions throughout 

the performance of the contract. 

(b) The plan shall similarly address 

subcontractor employee safety and 

occupational health for those proposed 

subcontracts or subcontract effort where the 

work will be conducted completely or partly 

on a Federally-controlled facility 

(d) This plan, as approved by the 

Contracting Officer, will be incorporated into 

any resulting contract. 

(End of clause) 

ALTERNATE I (XX/XX) 

As prescribed in 1823.7001(c)(1), delete the 

first sentence in paragraph (a) of the basic 

provision and substitute the following: 

The apparent low bidder, upon request by 

the Contracting Officer, shall submit a 

detailed safety and occupational health plan. 

The plan shall be submitted within the time 

specified by the Contracting Officer. Failure 

to submit an acceptable plan shall make the 

bidder ineligible for the award of a contract. 

■ 33. Section 1852.233–70 is revised to 

read as follows: 

1852.233–70 Protests to NASA. 

As prescribed in 1833.106–70, insert 

the following provision: 

PROTESTS TO NASA (XX/XX) 

(a) In lieu of a protest to the United States 

Government Accountability Office (GAO), 

bidders or offerors may submit a protest 

under 48 CFR part 33 (FAR part 33) directly 

to the Contracting Officer for consideration 

by the Agency. Alternatively, bidders or 

offerors may request an independent review 

by the Assistant Administrator for 

Procurement, who will serve as or designate 

the official responsible for conducting an 

independent review. Such reviews are 

separate and distinct from the Ombudsman 

Program described at 1815.7001. 

(b) Bidders or offerors shall specify 

whether they are submitting a protest to the 

Contracting Officer or requesting an 

independent review by the Assistant 

Administrator for Procurement. 

(c) Protests to the Contracting Officer shall 

be submitted to the address or email 

specified in the solicitation (email is an 

acceptable means for submitting a protest to 

the Contracting Officer). Alternatively, 

requests for independent review by the 

Assistant Administrator for Procurement 

shall be addressed to the Assistant 

Administrator for Procurement, NASA 

Headquarters, Washington, DC 20456–0001. 

(End of provision) 

■ 34. Section 1852.247–71 is revised to 

read as follows: 

1852.247–71 Protection of the Florida 

Manatee. 

As prescribed in 1847.7001, insert the 

following clause: 

PROTECTION OF THE FLORIDA MANATEE 

(XX/XX) 

(a) Pursuant to the Endangered Species Act 

of 1973 (Pub. L. 93–205), as amended, and 

the Marine Mammals Protection Act of 1972 

(Pub. L. 92–522), the Florida Manatee 

(Trichechus Manatus) has been designated an 

endangered species, and the Indian River 

Lagoon system within and adjacent to 

National Aeronautics and Space 

Administration’s (NASA’s) Kennedy Space 

Center (KSC) has been designated as a critical 

habitat of the Florida Manatee. The KSC 

Environmental Management Branch will 

advise all personnel associated with the 

project of the potential presence of manatees 

in the work area, and the need to avoid 

collisions and/or harassment of the manatees. 

Contractors shall ensure that all employees, 

subcontractors, and other individuals 

associated with this contract and who are 

involved in vessel operations, dockside work, 

and selected disassembly functions are aware 

of the civil and criminal penalties for 

harming, harassing, or killing manatees. 

(b) All contractor personnel shall be 

responsible for complying with all applicable 

Federal and/or state permits (e.g., Florida 

Department of Environmental Protection, St. 

Johns River Water Management District, Fish 

& Wildlife Service) in performing waterrelated activities within the contract. Where 

no Federal and/or state permits are required 

for said contract, and the contract scope 

requires activities within waters at KSC, the 

Contractor shall obtain a KSC Manatee 

Protection Permit from the Environmental 

Management Branch. All conditions of 

Federal, state, and/or KSC regulations and 

permits for manatee protection shall be 

binding to the contract. Notification and 

coordination of all water related activities at 

KSC will be done through the Environmental 

Management Branch. 

(c) The Contractor shall incorporate the 

provisions of this clause in applicable 

subcontracts. 

(End of clause) 

[FR Doc. 2015–07737 Filed 4–6–15; 8:45 am] 

BILLING CODE 7510–13–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 229 

[Docket No. 150122067–5229–01] 

RIN 0648–BE83 

Taking of Marine Mammals Incidental 

to Commercial Fishing Operations; 

Atlantic Large Whale Take Reduction 

Plan Regulations; Correction 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments; correction. 

SUMMARY: NMFS published a proposed 

rule in the Federal Register on March 

19, 2015, to amend the regulations 

implementing the Atlantic Large Whale 

Take Reduction Plan. This action 

proposed to change the minimum 

number of traps per trawl to allow 

fishing with a single trap in certain 

Massachusetts and Rhode Island state 

waters; and proposed to modify the 


rljohnson on DSK3VPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 66 / Tuesday, April 7, 2015 / Proposed Rules 18585 

requirement to use one endline on 

trawls within certain areas in 

Massachusetts state waters. NMFS also 

proposed a 1⁄4 mile buffer in waters 

surrounding certain islands in Maine to 

allow fishing with a single trap. In 

addition, NMFS proposed additional 

gear marking requirements for those 

waters allowing single traps as well as 

two new high use areas for humpback 

whales (Megaptera novaeangliae) and 

North Atlantic right whales (Eubalaena 

glacialis). In that proposal, NMFS 

provided the wrong address for the 

submission of electronic comments. 

With this document, we correct our 

error by publishing the correct 

ADDRESSES section in its entirety. 

DATES: We will accept comments on the 

March 19, 2015, (80 FR 14345) proposed 

rule that are received or postmarked on 

or before April 20, 2015. 

ADDRESSES: You may submit comments 

on the March 19, 2015, proposed rule, 

identified by NOAA–NMFS–2015–0012, 

by either of the following methods: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. 

1. Go to www.regulations.gov/

#!docketDetail;D=NOAA-NMFS-2015- 

0012. 

2. Click the ‘‘Comment Now!’’ icon, 

complete the required fields. 

3. Enter or attach your comments. 

• Mail: Submit written comments to 

Kim Damon-Randall, Assistant Regional 

Administrator for Protected Resources, 

NMFS Greater Atlantic Region, 55 Great 

Republic Dr., Gloucester, MA 01930, 

Attn: Large Whale Proposed Rule. 

Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the end of 

the comment period, may not be 

considered by NMFS. All comments 

received are a part of the public record 

and will generally be posted for public 

viewing on www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address, etc.), 

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender will 

be publicly accessible. NMFS will 

accept anonymous comments (enter ‘‘N/ 

A’’ in the required fields if you wish to 

remain anonymous). 

FOR FURTHER INFORMATION CONTACT: Kate 

Swails, NMFS Greater Atlantic Regional 

Fisheries Office, 978–282–8481, 

Kate.Swails@noaa.gov; or, Kristy Long, 

NMFS Office of Protected Resources, 

206–526–4792, Kristy.Long@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Correction 

In a proposed rule that published in 

the Federal Register on March 19, 2015 

(FR Doc. 2015–06272), (80 FR 14345) 

the ADDRESSES section provided the 

wrong address for the submission of 

electronic comments. The corrected 

ADDRESSES section appears above. All 

other information in the proposed rule, 

other than the ADDRESSES section, 

remains exactly the same as previously 

published. 

Dated: March 27, 2015. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2015–08003 Filed 4–6–15; 8:45 am] 

BILLING CODE 3510–22–P 


rljohnson on DSK3VPTVN1PROD with PROPOSALS