[Federal Register Volume 73, Number 207 (Friday, October 24, 2008)]
[Proposed Rules]
[Pages 63420-63421]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-25401]


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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 
[email protected].

FOR FURTHER INFORMATION CONTACT: Bill Roets, NASA, Office of 
Procurement, Contract Management Division (Suite 5K77); (202) 358-4483; 
e-mail: [email protected].

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