Warranty Tracking of Serialized Items

Federal Register / Vol. 75, No. 167 / Monday, August 30, 2010 / Proposed Rules
the public hearing. Written comments
on the proposed rule must be
postmarked by October 14, 2010, 30
days after the September 14, 2010
hearing.
Commenters should notify Ms. Long if
they will need specific equipment, or if
there are other special needs related to
providing comments at the hearing. The
EPA will provide equipment for
commenters to show overhead slides or
make computerized slide presentations
if we receive special requests in
advance. Oral testimony will be limited
to 5 minutes for each commenter. The
EPA encourages commenters to provide
EPA with a copy of their oral testimony
electronically (via e-mail or CD) or in
hard copy form.
The hearing schedule, including lists
of speakers, will be posted on EPA’s
Web Site http://www.epa.gov/nsr.
Verbatim transcripts of the hearings and
written statements will be included in
the docket for the rulemaking.
EPA will make every effort to follow
the schedule as closely as possible on
the day of the hearing; however, please
plan for the hearing to run either ahead
of schedule or behind schedule.
How can I get copies of this document
and other related information?
The EPA has established a docket for
the proposed rule ‘‘Action to Ensure
Authority to Issue Permits under the
Prevention of Significant Deterioration
Program to Sources of Greenhouse Gas
Emissions: Federal Implementation
Plan’’ under Docket ID No. EPA–HQ–
OAR–2010–0107 (available at http://
www.regulations.gov).
As stated previously, the proposed
rule will publish in the near future in
the Federal Register and is available at
http://www.epa.gov/nsr and in the
rulemaking docket.
Dated: August 24, 2010.
Mary Henigin,
Acting Director, Office of Air Quality Planning
and Standards.
[FR Doc. 2010–21691 Filed 8–27–10; 8:45 am]

jlentini on DSKJ8SOYB1PROD with PROPOSALS

BILLING CODE 6560–50–P

DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 211, 246, and 252
Defense Federal Acquisition
Regulation Supplement (DFARS);
Warranty Tracking of Serialized Items,
DFARS Case 2009–D018
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Proposed rule with request for
comments.
AGENCY:

DoD is proposing to amend
the Defense Federal Acquisition
Regulation Supplement (DFARS) to
implement a policy memorandum of the
Undersecretary of Defense for
Acquisition, Technology, and Logistics
dated February 6, 2007, that required
definition of the requirements to track
warranties for items subject to Item
Unique Identification in the Item
Unique Identification registry. This
proposed rule stresses that the
enforcement of warranties is essential to
the effectiveness and efficiency of DoD’s
material readiness.
DATES: Comments on this proposed rule
should be submitted in writing to the
address shown below on or before
October 29, 2010, to be considered in
the formation of the final rule.
ADDRESSES: You may submit comments,
identified by DFARS Case 2009–D018,
using any of the following methods:
Federal eRulemaking Portal: http://
www.regulations.gov. Follow the
instructions for submitting comments.
E-mail: [email protected]. Include
DFARS Case 2009–D018 in the subject
line of the message.
Fax: 703–602–0350.
Mail: Defense Acquisition Regulations
System, Attn: Mr. Julian E. Thrash,
OUSD (AT&L) DPAP/DARS, Room
3B855, 3060 Defense Pentagon,
Washington, DC 20301–3060.
Comments received generally will be
posted without change to http://
www.regulations.gov, including any
personal information provided.
FOR FURTHER INFORMATION CONTACT: Mr.
Julian E. Thrash, 703–602–0310.
SUPPLEMENTARY INFORMATION:
SUMMARY:

A. Background
The Undersecretary of Defense for
Acquisition, Technology, and Logistics
issued a policy memorandum dated
February 6, 2007, that instructed the
Director, Defense Procurement and
Acquisition Policy, to define the
requirements to track warranties for

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52917

items subject to Item Unique
Identification (IUID) in the IUID
registry. This proposed rule addresses
the requirement to more effectively
track warranties for IUID items.
The tracking of warranties, from the
identification of the requirement to the
expiration date of the warranted item,
will enhance significantly the ability of
DoD to take full advantage of warranties
when they are part of an acquisition.
Presently, DoD lacks the enterprise
capability that would provide visibility
and accountability of warranty data
associated with acquired goods. The
capability to track warranties will result
in—
(a) Reduced costs;
(b) Ability to recognize benefits
included for free;
(c) Ability to compare performance
against Government specified
warranties;
(d) Increased level of insurance for
purchased goods;
(e) Sufficient durations of warranties
for specific goods;
(f) Ability to identify and enforce
warranties (e.g., against fraudulent
vendors, or for criminal actions).
DoD proposes the following changes:
• Revise DFARS 211.274–2(a)(4),
Policy for unique item identification, to
add any warranted item.
• Revise the definitions of
‘‘acceptance’’ and ‘‘defect,’’ and add a
definition for ‘‘warranty tracking’’ at
DFARS 246.701.
• Add DFARS 246.710(5) to include
provision and clause prescriptions
252.246–70XX and 252.246–70YY.
• Revise DFARS 252.211–7003, Item
Identification and Valuation, definition
of ‘‘issuing agency.’’
• Add provision 252.246–70XX,
Notice of Warranty Tracking of
Serialized Items.
• Add clause 252.246–70YY,
Warranty Tracking of Serialized Items.
This is not a significant regulatory
action and, therefore, was not subject to
review under section 6(b) of Executive
Order 12866, Regulatory Planning and
Review, dated September 20, 1993. This
is not a major rule under 5 U.S.C. 804.
B. Regulatory Flexibility Act
DoD has prepared an initial regulatory
flexibility analysis consistent with 5
U.S.C. 603 et seq. A copy of the analysis
may be obtained from the point of
contact specified herein. The objective
of this rule is for DoD to develop a more
effective way to track warranties for
items subject to Item Unique
Identification (IUID). Presently, DoD
lacks the enterprise capability that
would provide visibility and
accountability of warranty data

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Federal Register / Vol. 75, No. 167 / Monday, August 30, 2010 / Proposed Rules

associated with acquired goods. The
tracking of warranties, from the
identification of the requirement to the
expiration date of the warranted item,
will enhance significantly the ability of
DoD to take full advantage of warranties
when they are part of an acquisition,
resulting in–
(a) Reduced costs;
(b) Ability to recognize benefits
included for free;
(c) Ability to compare performance
against Government specified
warranties;
(d) Sufficient durations of warranties
for specific goods.
DoD will address the requirement to
track warranties with the following
DFARS provision and clause:
(1) 252.246–70XX, Notice of Warranty
Tracking of Serialized Items;
(2) 252.246–70YY, Warranty Tracking
of Serialized Items.
In FY 2009, DoD issued
approximately 16,000 solicitations that
use warranty clauses. In response to
those solicitations, approximately
76,000 offers would be received (66,000
from small business, 10,000 from other
than small business). Of that total, DoD
estimates that 50% of the time the
Government will provide the required
warranty information for 38,000 offers
(33,000 small and 5,000 other than
small businesses). Therefore, 33,000
small entities would be impacted by the
rule.
DoD invites comments from small
concerns and other interested parties on
the impact of this rule on small entities.
DoD will also consider comments from
small entities concerning the existing
regulations in subparts affected by this
rule in accordance with 5 U.S.C. 610.
Interested parties must submit such
comments separately and should cite 5
U.S.C. 610 (DFARS case 2009–D018), in
correspondence.

The following is a summary of the
information collection requirement.
Title: Defense Federal Acquisition
Regulation Supplement; Warranty
Tracking of Serialized Items.
Type of Request: New collection.
Number of Respondents: 38,000.
Responses per Respondent:
Approximately 1.4.
Annual Responses: 54,000.
Average Burden Per Response: 0.5
hour.
Annual Public Burden Hours: 27,000.
Needs and Uses: DoD needs the
information required by 252.246–70XX
and 252.246–70YY in order to properly
track the warranty of serialized items.
Affected Public: Businesses or other
for-profit institutions.
Respondent’s Obligation: Required to
obtain or retain benefits.
Frequency: On occasion.
Written comments and
recommendations on the proposed
information collection should be sent to
Ms. Jasmeet Seehra at the Office of
Management and Budget, Desk Officer
for DoD, Room 10236, New Executive
Office Building, Washington, DC 20503,
with a copy to the Defense Acquisition
Regulations System, Attn: Mr. Julian E.
Thrash, OUSD(AT&L) DPAP/DARS,
Room 3B855, 3060 Defense Pentagon,
Washington, DC 20301–3060.
Comments can be received from 30 to 60
days after the date of this notice, but
comments to OMB will be most useful
if received by OMB within 30 days after
the date of this notice.
To request more information on this
proposed information collection or to
obtain a copy of the proposal and
associated collection instruments,
please write to the Defense Acquisition
Regulations System, Attn: Mr. Julian E.
Thrash, OUSD(AT&L) DPAP/DARS,
Room 3B855, 3060 Defense Pentagon,
Washington, DC 20301–3060.

C. Paperwork Reduction Act
The Paperwork Reduction Act (44
U.S.C. Chapter 35) applies because the
proposed rule does contain information
collection requirements. DoD invites
comments on the following aspects of
the proposed rule: (a) Whether the
collection of information is necessary
for the proper performance of the
functions of DoD, including whether the
information will have practical utility;
(b) the accuracy of the estimate of the
burden of the information collection;
(c) ways to enhance the quality, utility,
and clarity of the information to be
collected; and (d) ways to minimize the
burden of the information collection on
respondents, including the use of
automated collection techniques or
other forms of information technology.

List of Subjects in 48 CFR Parts 211,
246, and 252

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Ynette R. Shelkin,
Editor, Defense Acquisition Regulations
System.

Therefore, DoD proposes to amend 48
CFR parts 211, 246, and 252 as follows:
1. The authority citation for 48 CFR
parts 211, 246, and 252 continues to
read as follows:
Authority: 41 U.S.C. 421 and 48 CFR
chapter 1.

PART 211—DESCRIBING AGENCY
NEEDS
2. Amend section 211.274–2 by
revising paragraphs (a)(4)(i) and (a)(4)(ii)

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§ 211.274–2 Policy for unique item
identification.

*

*
*
*
*
(a) * * *
(4) * * *
(i) Any DoD serially managed
subassembly, component, or part
embedded within a delivered item;
(ii) The parent item (as defined in
252.211–7003(a)) that contains the
embedded subassembly, component, or
part; and
(iii) Any warranted item.
*
*
*
*
*
PART 246—QUALITY ASSURANCE
3. Revise section 246.701 to read as
follows:
§ 246.701

Definitions.

As used in this subpart—
Acceptance, as used in the warranty
clauses at FAR 52.246–17, Warranty of
Supplies of a Noncomplex Nature; FAR
52.246–18, Warranty of Supplies of a
Complex Nature; FAR 52.246–19,
Warranty of Systems and Equipment
Under Performance Specifications or
Design Criteria; and FAR 52.246–20,
Warranty of Services, includes the
execution of an official document (e.g.,
DD Form 250, Material Inspection and
Receiving Report) by an authorized
representative of the Government.
Defect means any condition or
characteristic in any supply or service
furnished by the contractor under the
contract that is not in compliance with
the requirements of the contract.
Warranty tracking is defined in the
clause 252.246–70YY, Warranty
Tracking of Serialized Items.
4. Amend section 246.710 by revising
the section heading and adding
paragraph (5) to read as follows:
§ 246.710 Solicitation provision and
contract clauses.

*

Government procurement.

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and by adding paragraph (a)(4)(iii) as
follows:

*
*
*
*
(5)(i) In addition to 252.211–7003,
Item Unique Valuation, which is
prescribed in 211.274–5(a), use the
following provision and clause in
solicitations and contracts when it is
anticipated that the resulting contract
will include a warranty for serialized
items:
(A) 252.246–70XX, Notice of
Warranty Tracking of Serialized Items
(include only if offerors will be required
to enter data with the offer); and
(B) 252.246–70YY, Warranty Tracking
of Serialized Items.
(ii) If the Government specifies a
warranty, then the contracting officer
shall request the requiring activity to

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Federal Register / Vol. 75, No. 167 / Monday, August 30, 2010 / Proposed Rules
provide information to ensure that Table
I in the clause 252.246–70YY is
populated with data specifying the
Government’s required warranty
provision by contract line item number,
subline item number, or exhibit line
item number prior to solicitation. In
such case, do not include 252.246–70XX
in the solicitation.
(iii) If the Government does not
specify a warranty, include 252.246–
70XX in the solicitation. The contractor
may offer a warranty and shall then
populate Table I in the clause 252.246–
70YY, as appropriate, as part of its offer
as required by 252.246–70XX.
(iv) All warranty tracking information
that is indicated with a single asterisk
(*) in Table I in the clause 252.246–
70YY shall be completed prior to award.
Data indicated with two asterisks (**)
may be completed on or after the time
of award, but no later than the time of
delivery.
(v) The contractor shall provide
warranty repair source instructions
(Table II in the clause 252.246–70YY)
no later than the time of delivery.

5. Amend section 252.211–7003 by
revising the clause date to read ‘‘(XXX
2010)’’ and, at paragraph (a), by revising
the definition of ‘‘issuing agency’’ to
read as follows:
Item Identification and

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*

*
*
*
*
(a) * * *
*
*
*
*
*
Issuing agency means an organization
responsible for assigning a nonrepeatable identifier to an enterprise
(e.g., Dun & Bradstreet’s Data Universal
Numbering System (DUNS) Number,
GS1 Company Prefix, Allied Committee
135 NATO Commercial and
Government Entity (NCAGE)/
Commercial and Government Entity
(CAGE) Code, or the Coded
Representation of the North American
Telecommunications Industry
Manufacturers, Suppliers, and Related
Service Companies (ATIS–0322000)
Number), European Health Industry
Business Communication Council
(EHIBCC) and Health Industry Business
Communication Council (HIBCC), as
indicated in the Register of Issuing
Agency Codes for ISO/IEC 15459,
located at http://www.nen.nl/web/
Normen-ontwikkelen/ISOIEC-15459Issuing-Agency-Codes.htm.
6. Add section 252.246–70XX to read
as follows:

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As prescribed in 246.710(5)(i)(A), use
the following provision:
Notice of Warranty Tracking of Serialized
Items (XXX 2010)
(a) Definition. ‘‘Unique item identifier’’ and
‘‘warranty tracking’’ are defined in the clause
at 252.246–70YY, Warranty Tracking of
Serialized Items.
(b) Reporting of data for warranty tracking
and administration. The offeror shall provide
the information required by Table I in the
clause at 252.246–70YY (indicated by a
single asterisk (*)), on each contract line item
number (CLIN), subline item number (SLIN),
or exhibit line item number (ELIN) for
warranted items. The offeror shall provide all
information required by Table II no later than
when the warranted items are presented for
receipt and/or acceptance. The ‘‘Warranty
Item Unique Item Identifier (UII)’’ data
category may also be completed in
conjunction with Table II. The offeror shall
submit the data for warranty tracking to the
Contracting Officer.

(End of provision)
7. Add section 252.246–70YY to read
as follows:
As prescribed in 246.710(5)(i)(B), use
the following clause:

PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES

§ 252.211–7003
Valuation.

§ 252.246–70XX Notice of Warranty
Tracking of Serialized Items.

Warranty Tracking of Serialized Items (XXX
2010)
(a) Definitions. As used in this clause—
DoD Item Unique Identification (IUID)
Registry means the central repository for IUID
information that serves as an acquisition
gateway to identify what the uniquely
identified tangible item is, how and when it
was acquired, the initial Government unit
cost of the item, current custody
(Government or Contractor), and how it is
marked.
Duration means the warranty period. This
period may be a stated period of time,
amount of usage, or the occurrence of a
specified event, after formal acceptance of
delivery, for the Government to assert a
contractual right for the correction of defects.
Enterprise means the entity (e.g., a
manufacturer or vendor) responsible for
granting the warranty and/or assigning
unique item identifiers to serialized warranty
items.
Enterprise identifier means a code that is
uniquely assigned to an enterprise by an
issuing agency.
First use means the initial or first time use
of a product by the Government.
Fixed expiration means the date the
warranty expires and the Contractor’s
obligation to provide for a remedy or
corrective action ends.
Installation means the date a unit is
inserted into a higher level assembly in order
to make it operational.
Issuing agency means an organization
responsible for assigning a non-repeatable
identifier to an enterprise (e.g., Dun &
Bradstreet’s Data Universal Numbering
System (DUNS) Number, GS1 Company
Prefix, Allied Committee 135 NATO

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Commercial and Government Entity
(NCAGE)/Commercial and Government
Entity (CAGE) Code, or the Coded
Representation of the North American
Telecommunications Industry
Manufacturers, Suppliers, and Related
Service Companies (ATIS–0322000)
Number), European Health Industry Business
Communication Council (EHIBCC) and
Health Industry Business Communication
Council (HIBCC), as indicated in the Register
of Issuing Agency Codes for ISO/IEC 15459,
located at http://www.nen.nl/web/Normenontwikkelen/ISOIEC-15459-Issuing-AgencyCodes.htm.
Item type means a coded representation of
the description of the item being warranted,
consisting of the codes C—component
procured separate from end item,
S—subassembly procured separate from end
item or subassembly, E—embedded in
component, subassembly or end item parent,
and P—parent end item.
Starting event means the event or action
that initiates the warranty.
Serialized item means each item produced
is assigned a serial number that is unique
among all the collective tangible items
produced by the enterprise, or each item of
a particular part, lot, or batch number is
assigned a unique serial number within that
part, lot, or batch number assignment within
the enterprise identifier. The enterprise is
responsible for ensuring unique serialization
within the enterprise identifier or within the
part, lot, or batch numbers, and that serial
numbers, once assigned, are never used
again.
Unique item identifier means a set of data
elements marked on an item that is globally
unique and unambiguous.
Usage means the quantity and an
associated unit of measure that specifies the
amount-of a characteristic subject to the
contractor’s obligation to provide for remedy
or corrective action such as a number of
miles, hours, or cycles.
Warranty administrator means the
organization specified by the guarantor for
managing the warranty.
Warranty guarantor means the enterprise
that provides the warranty under the terms
and conditions of a contract.
Warranty repair source means the
organization specified by a warranty
guarantor for receiving and managing
warranty items that are returned by a
customer.
Warranty tracking means the ability to
trace a warranted item from delivery through
completion of the effectivity of the warranty.
(b) Reporting of data for warranty tracking
and administration. The Contractor shall
provide the following information (see Table
I) on each contract line item number (CLIN),
subline item number (SLIN), or exhibit line
item number (ELIN) for warranted items. The
Contractor shall provide all information
required by Table II no later than when the
warranted items are presented for receipt
and/or acceptance. The ‘‘Warranty Item
Unique Item Identifier (UII)’’ data category
may also be completed in conjunction with
Table II. The Contractor shall submit the data
for warranty tracking to the Contracting
Officer with a copy to the requiring activity
and the Contracting Officer Representative.

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Federal Register / Vol. 75, No. 167 / Monday, August 30, 2010 / Proposed Rules
TABLE I—WARRANTY TRACKING INFORMATION
Warranty term

CLIN, SLIN, OR
ELIN
*

Item
type (a)
**

Warranty
item
UII
**

Starting
event (b)
*

Usage (c)*
Quantity
*

Fixed
expiration
(e)

Duration (d)*

Unit
*

Quantity
*

Unit
*

Date
*

Warranty
administrator enterprise
identifier
code type
(f)
**

Warranty
administrator enterprise
identifier
(g)
**

Warranty
guarantor
enterprise
identifier
code type
(h)
**

Warranty
guarantor
enterprise
identifier
code type
(i)
**

* To be completed by the requiring activity, if warranty is specified by the Government. Otherwise, all offerors are to complete as part of their offers.
** To be completed by the Contractor at the time of award (if known), otherwise at the time of delivery.

Notes:
(a) Item type—
C—component procured separate from end
item
S—subassembly procured separate from
end item or subassembly
E—embedded in component, subassembly
or end item parent
P—parent end item
(b) Starting event—
Acceptance (A)
Installation (I)
First use (F)
Other (O)
Warranty term—Choose one of the
following:
(c) Usage (for warrantees where effectivity
is in terms of operating time or cycles)

(d) Duration (for warrantees that expire
after a set period of time)
(e) Date (for warrantees with a fixed
expiration date)
(f) Warranty administrator enterprise
identifier code type—
0–9—GS1 Company Prefix
D—CAGE
LB—ATIS–0322000
LH—EHIBCC
RH—HIBCC
UN—DUNS
(g) Warranty administrator enterprise
identifier—A non-repeatable identifier code
assigned to an enterprise by an issuing
agency [e.g., Dun & Bradstreet’s Data
Universal Numbering System (DUNS)
Number, GS1 Company Prefix , Allied
Committee 135 NATO Commercial and

Government Entity (NCAGE)/Commercial
and Government Entity (CAGE) Code, or the
Coded Representation of the North American
Telecommunications Industry
Manufacturers, Suppliers, and Related
Service Companies (ATIS–0322000) Number,
European Health Industry Business
Communication Council (EHIBCC) and
Health Industry Business Communication
Council (HIBCC).
(h) Warranty guarantor enterprise identifier
code type—
0–9—GS1 Company Prefix
D—CAGE
LB—ATIS–0322000
LH—EHIBCC
RH—HIBCC
UN—DUNS

TABLE II—WARRANTY REPAIR SOURCE INSTRUCTIONS
Contract Number:
Warranty repair source
enterprise identifier
code type
(j)
**

Warranty repair source
enterprise
identifier
(k)
**

Shipping address for warranty returns
Address
line 1
(m)
**

Name
(l)
**

Address
line 2
**

City/
county
(n)
**

State/
province
(o)
**

Postal
code
(p)
**

Country
(q)
**

Instructions
(r)
**

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For each warranty repair source enterprise identifier listed above, include the shipping address for returning warranty items, or include instructions for accessing a Web site to obtain prepaid shipping labels for returning warranty items to the designated
source of warranty repair.

** To be completed by the Contractor at the time of award and/or at the time of delivery.
(j) Warranty repair source enterprise
identifier code type—
0–9—GS1 Company Prefix
D—CAGE

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LB—ATIS–0322000
LH—EHIBCC
RH—HIBCC
UN—DUNS

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(k) Warranty repair source enterprise
identifier—A non-repeatable identifier code
assigned to an enterprise by an issuing
agency [e.g., Dun & Bradstreet’s Data

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Federal Register / Vol. 75, No. 167 / Monday, August 30, 2010 / Proposed Rules
Universal Numbering System (DUNS)
Number, GS1 Company Prefix, Allied
Committee 135 NATO Commercial and
Government Entity (NCAGE)/Commercial
and Government Entity (CAGE) Code, or the
Coded Representation of the North American
Telecommunications Industry
Manufacturers, Suppliers, and Related
Service Companies (ATIS–0322000) Number,
European Health Industry Business
Communication Council (EHIBCC) and
Health Industry Business Communication
Council (HIBCC).
(c) Reservation of Rights. The terms of this
clause shall not be construed to limit the
Government’s rights or remedies under any
other contract clause.
(End of clause)]
[FR Doc. 2010–21358 Filed 8–27–10; 8:45 am]
BILLING CODE 5001–08–P

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 665
[Docket No. 100618274–0377–01]
RIN 0648–AY92

Fisheries in the Western Pacific;
Hawaii Bottomfish and Seamount
Groundfish; Management Measures for
Hancock Seamounts to Rebuild
Overfished Armorhead
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:

This proposed rule would
continue a moratorium on fishing for
bottomfish and seamount groundfish at
the Hancock Seamounts until the
overfished U.S. stock of pelagic
armorhead (Pseudopentaceros wheeleri)
is rebuilt. This proposed rule would
also reclassify the management area
around the Hancock Seamounts as an
ecosystem management area. The intent
of the continued moratorium is to
facilitate rebuilding of the armorhead
stock, and the intent of the ecosystem
management area is to facilitate research
on armorhead and other seamount
groundfish.

SUMMARY:

Comments on the amendment
must be received by October 14, 2010.
ADDRESSES: Comments on the proposed
rule, identified by 0648–AY92, may be
sent to either of the following addresses:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal
www.regulations.gov; or

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DATES:

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• Mail: Mail written comments to
Michael D. Tosatto, Acting Regional
Administrator, NMFS, Pacific Islands
Region (PIR), 1601 Kapiolani Blvd, Suite
1110, Honolulu, HI 96814–4700.
Instructions: Comments must be
submitted to one of these two addresses
to ensure that the comments are
received, documented, and considered
by NMFS. Comments sent to any other
address or individual, or received after
the end of the comment period, may not
be considered. Comments will be posted
for public viewing after thecomment
period has closed. All comments
received are a part of the public record
and will generally be posted to
www.regulations.gov without change.
All personal identifying information
(e.g., name, address, etc.) submitted
voluntarily by the commenter may be
publicly accessible. Do not submit
confidential business information, or
otherwise sensitive or protected
information. NMFS will accept
anonymous comments (enter ‘‘NA’’ in
the required fields if you wish to remain
anonymous). Attachments to electronic
comments will be accepted in Microsoft
Word or Excel, WordPerfect, or Adobe
PDF file formats only.
Amendment 2 to the Fishery
Ecosystem Plan for the Hawaiian
Archipelago contains an environmental
assessment and background
information, and is available from
www.regulations.gov and from the
Council, 1164 Bishop St., Suite 1400,
Honolulu, HI 96813, tel 808–522–8220,
fax 808–522–8226, or web site
www.wpcouncil.org.
FOR FURTHER INFORMATION CONTACT:
Jarad Makaiau, NMFS PIR Sustainable
Fisheries, 808–944–2108.
SUPPLEMENTARY INFORMATION: This
document is also available at
www.gpoaccess.gov/fr.
Fishing for pelagic armorhead is
managed under the Fishery Ecosystem
Plan for the Hawaiian Archipelago
(FEP). Armorhead are overfished as a
result of over-exploitation by foreign
vessels in international waters, dating
back to at least the 1970s. Although
there has never been a U.S. fishery
targeting this fish, continued
exploitation outside the U.S. Exclusive
Economic Zone (EEZ) by foreign fleets
has kept the stock in an overfished
condition.
The Hancock Seamounts are the only
known armorhead habitat within the
EEZ. These seamounts lie west of 180°
W. and north of 28° N., to the northwest
of Kure Atoll in the Northwestern
Hawaiian Islands. The Council and
NMFS have responded to the overfished
condition of armorhead with a series of

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four, 6–year domestic fishing moratoria
at the Hancock Seamounts, beginning in
1986. The current 6–year moratorium
expires on August 31, 2010. Although
there would be a short time period
between the expiration of the current
moratorium and implementation of this
rule, if approved, the likelihood of a
new Hawaii-based domestic armorhead
fishery developing is discountable. The
Hancock Seamounts are a relatively
small and isolated fishing area, and the
costs of starting up fishing operations to
enter this fishery would be prohibitive
relative to the potential fishing yield
during the very short time that the area
would be open. Additionally, existing
domestic North Pacific trawl vessels
would not be allowed to fish at Hancock
Seamounts because trawls are
prohibited fishing gear in the U.S.
Pacific Islands.
From July 2009 to August 2010, the
Council developed Amendment 2 to the
Hawaii FEP to rebuild the armorhead
stock pursuant to the Magnuson-Stevens
Act; the amendment is currently
undergoing Secretarial review (75 FR
51237, August 19, 2010). The Council
recommended in Amendment 2 that
NMFS establish a minimum rebuilding
time of 35 years for the U.S. portion of
the armorhead stock. The Council also
recommended that NMFS classify the
portion of the EEZ surrounding the
Hancock Seamounts as an ecosystem
management area, and extend the
moratorium at Hancock Seamounts until
the stock is rebuilt. In response to these
recommendations, NMFS developed
this proposed rule to implement the
latter two recommendations.
The Council and NMFS recognize
that, because less than five percent of
the armorhead habitat lies within U.S.
jurisdiction, rebuilding of the stock
must be accomplished through
coordinated international management.
Nonetheless, a prohibition on all
armorhead catches in U.S. waters would
provide the maximum protection
available for armorhead stocks in U.S.
waters.
The current moratorium applies to all
bottomfish and seamount groundfish,
and the proposed moratorium would
continue to do so. While only
armorhead are overfished, other
bottomfish and seamount groundfish are
caught with the same gear type as
armorhead. Opening the Hancock
Seamount fishery to non-armorhead fish
would increase the likelihood of
incidental catches of armorhead,
resulting in possible delays to
rebuilding the stock. In addition, the
fishing gear (anchors, weighted lines,
and hooks) used to target nonarmorhead fish, or lost on fishing

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