[Federal Register: October 24, 2008 (Volume 73, Number 207)]
[Proposed Rules]
[Page 63420-63421]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24oc08-28]
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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 1852
RIN 2700-AD49
Protection of the Florida Manatee
AGENCY: National Aeronautics and Space Administration.
ACTION: Proposed rule.
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SUMMARY: NASA proposes to revise the NASA FAR Supplement (NFS) to
update the Protection of the Florida Manatee clause (NFS 1852.247-71)
to reflect current technical requirements and organizational points of
contact in order to ensure that information essential to protecting the
endangered manatee will be properly conveyed to contractors working on-
site at NASA Kennedy Space Center (KSC).
DATES: Comment Date: Interested parties should submit comments on or
before December 23, 2008 to be considered in formulation of the final
rule.
ADDRESSES: Interested parties may submit comments to include any
comments relative to the cost associated with complying with this
requirement, identified by RIN number 2700-AD49, via the Federal
eRulemaking Portal: http://www.regulations.gov. Follow the instructions
for submitting comments. Comments may also be submitted to Bill Roets,
NASA Headquarters, Office of Procurement, Contract Management Division,
Washington, DC 20546. Comments may also be submitted by e-mail to
william.roets-1@nasa.gov.
FOR FURTHER INFORMATION CONTACT: Bill Roets, NASA, Office of
Procurement, Contract Management Division (Suite 5K77); (202) 358-4483;
e-mail: william.roets-1@nasa.gov.
SUPPLEMENTARY INFORMATION:
A. Background
Under the Endangered Species Act of 1973 (Pub. L. 93-205), as
amended, and the Marine Mammals Protection Act of 1972 (Pub. L. 92-
522), as amended, the Florida Manatee was designated as an endangered
species and the Indian River Lagoon system within and adjacent to
NASA's KSC has been designated as a critical habitat for the Florida
Manatee. In order to ensure compliance with these two acts, the NFS
clause 1852.247-71, Protection of the Florida Manatee, was developed
and implemented. This clause is required in NASA solicitations and
contracts when deliveries or vessel operations, dockside work, or
disassembly functions under the contract will involve the use of these
waterways inhabited by the Manatees. The clause requires that
contractors ensure that all employees and subcontractors are aware of
the applicable Federal regulations relative to protecting the Florida
Manatee while working in this critical habitat area. Contractors are
also required to obtain the applicable Federal and/or state permits and
notify and coordinate all water related activities at KSC with the
Environmental Management Branch. NASA is proposing to revise this
clause to ensure that accurate, current requirements and information
essential to protecting the Florida Manatee are properly conveyed to
NASA KSC contractors in a concise manner.
This is not a significant regulatory action and, therefore, is not
subject to review under Section 6(b) of Executive Order 12866,
Regulatory Planning and Review, dated September 30, 1993. This proposed
rule is not a major rule under 5 U.S.C. 804.
B. Regulatory Flexibility Act
NASA certifies that this proposed rule will not have a significant
economic impact on a substantial number of small entities within the
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq.,
because it merely updates, for clarification and currency purposes,
requirements that already exist in this
[[Page 63421]]
clause and does not impose an economic impact beyond that addressed in
the current clause.
C. Paperwork Reduction Act
The Paperwork Reduction Act (Pub. L. 104-13) is not applicable
because the NFS changes do not impose information collection
requirements that require the approval of the Office of Management and
Budget under 44 U.S.C. 3501, et seq.
List of Subjects in 48 CFR Part 1852
Government Procurement.
William P. McNally,
Assistant Administrator for Procurement.
Accordingly, 48 CFR Part 1852 is proposed to be amended as follows:
1. The authority citation for 48 CFR Part 1852 continues to read as
follows:
Authority: 42 U.S.C. 2455(a), 2473(c)(1).
PART 1852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
2. Section 1852.247-71 is revised to read as follows:
Sec. 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 [FDEP], St. Johns River Water
Management District [WMD], Fish & Wildlife Service [FWS]) in
performing water-related 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. E8-25401 Filed 10-23-08; 8:45 am]
BILLING CODE 7510-01-P