63332 Federal Register / Vol. 69, No. 210 / Monday, November 1, 2004 / Rules and Regulations 

of the Office of Management and Budget 

under 44 U.S.C. 3501, et seq.

List of Subjects in 48 CFR Part 231 

Government procurement.

Michele P. Peterson, 

Executive Editor, Defense Acquisition 

Regulations Council.

■ Therefore, 48 CFR part 231 is amended 

as follows:

■ 1. The authority citation for 48 CFR 

part 231 continues to read as follows:

Authority: 41 U.S.C. 421 and 48 CFR 

chapter 1.

PART 231—CONTRACT COST 

PRINCIPLES AND PROCEDURES

231.205–10 [Removed]

■ 2. Section 231.205–10 is removed.

■ 3. Section 231.205–22 is revised to 

read as follows:

231.205–22 Legislative lobbying costs. 

(a) Costs associated with preparing 

any material, report, list, or analysis on 

the actual or projected economic or 

employment impact in a particular State 

or congressional district of an 

acquisition program for which all 

research, development, testing, and 

evaluation has not been completed also 

are unallowable (10 U.S.C. 2249).

■ 4. Section 231.205–70 is amended by 

revising paragraphs (a), (c), and (d) to 

read as follows:

231.205–70 External restructuring costs.

(a) Scope. This subsection—

(1) Prescribes policies and procedures 

for allowing contractor external 

restructuring costs when savings would 

result for DoD; and 

(2) Implements 10 U.S.C. 2325.

* * * * *

(c) Limitations on cost allowability.

(1) Restructuring costs associated with 

external restructuring activities shall not 

be allowed unless—

(i) Such costs are allowable in 

accordance with FAR Part 31 and 

DFARS Part 231; 

(ii) An audit of projected restructuring 

costs and restructuring savings is 

performed; 

(iii) The cognizant administrative 

contracting officer (ACO) reviews the 

audit report and the projected costs and 

projected savings, and negotiates an 

advance agreement in accordance with 

paragraph (d) of this subsection; and 

(iv) For business combinations that 

occur after November 18, 1997, the 

Under Secretary of Defense 

(Acquisition, Technology, and Logistics) 

or the Principal Deputy determines in 

writing that the audited projected 

savings for DoD resulting from the 

restructuring will exceed either—

(A) The costs allowed by a factor of 

at least two to one; or 

(B) The cost allowed, and the business 

combination will result in the 

preservation of a critical capability that 

might otherwise be lost to DoD. 

(2) The audit, review, certification, 

and determination required by 

paragraph (c)(1) of this subsection shall 

not apply to any business combination 

for which payments for restructuring 

costs were made before August 15, 1994, 

or for which the cognizant ACO 

executed an advance agreement 

establishing cost ceilings based on 

audit/negotiation of detailed cost 

proposals for individual restructuring 

projects before August 15, 1994. 

(d) Procedures and ACO 

responsibilities. As soon as it is known 

that the contractor will incur 

restructuring costs for external 

restructuring activities, the cognizant 

ACO shall follow the procedures at PGI 

231.205–70(d).

* * * * *

[FR Doc. 04–24288 Filed 10–29–04; 8:45 am] 

BILLING CODE 5001–08–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 660

[Docket No. 040429134–4135–01; I.D. 

102504B]

Fisheries Off West Coast States and in 

the Western Pacific; West Coast 

Salmon Fisheries; Inseason Action 

#12—Adjustment of the Commercial 

Salmon Fishery from Humbug 

Mountain, Oregon to the OregonCalifornia Border

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Modification of fishing season; 

request for comments.

SUMMARY: NMFS announces that the 

commercial salmon fishery in the area 

from Humbug Mountain, OR to the 

Oregon-California Border was modified 

to be open September 1 through 

September 3, September 8 through 

September 10, and September 15 

through September 30, or until the 

attainment of the 3,000 chinook quota, 

with a modified possession and landing 

limit of 50 chinook per day per vessel. 

This action was necessary to conform to 

the 2004 management goals. The 

intended effect of this action is to allow 

the fishery to operate within the seasons 

and quotas as specified in the 2004 

annual management measures.

DATES: Adjustment in the area from 

Humbug Mountain, OR to the OregonCalifornia Border effective 0001 hours 

local time (l.t.) September 1, 2004, until 

the chinook quota is taken, or 2359 

hours l.t., September 30, 2004; after 

which the fishery will remain closed 

until opened through an additional 

inseason action for the west coast 

salmon fisheries, which will be 

published in the Federal Register, or 

until the effective date of the next 

scheduled open period announced in 

the 2005 annual management measures. 

Comments will be accepted through 

November 16, 2004.

ADDRESSES: Comments on this action 

must be mailed to D. Robert Lohn, 

Regional Administrator, Northwest 

Region, NMFS, NOAA, 7600 Sand Point 

Way N.E., Bldg. 1, Seattle, WA 98115–

0070; or faxed to 206–526–6376; or Rod 

McInnis, Regional Administrator, 

Southwest Region, NMFS, NOAA, 501 

W. Ocean Blvd., Suite 4200, Long 

Beach, CA 90802–4132; or faxed to 562–

980–4018. Comments can also be 

submitted via e-mail at the 

2004salmonIA12.nwr@noaa.gov

address, or through the internet at the 

Federal eRulemaking Portal: http://

www.regulations.gov. Follow the 

instructions for submitting comments 

and include the docket number in the 

subject line of the message. Information 

relevant to this document is available 

for public review during business hours 

at the Office of the Regional 

Administrator, Northwest Region, 

NMFS.

FOR FURTHER INFORMATION CONTACT:

Christopher Wright, 206–526–6140.

SUPPLEMENTARY INFORMATION: The 

Regional Administrator modified the 

season for the commercial salmon 

fishery in the area from Humbug 

Mountain, OR to the Oregon-California 

Border to be open September 1 through 

September 3, September 8 through 

September 10, and September 15 

through September 30, or until the 

attainment of the 3,000 chinook quota, 

with a modified possession and landing 

limit of 50 chinook per day per vessel. 

On August 19, 2004, the Regional 

Administrator determined that the 

available catch and effort data indicated 

that the quota of 3,000 chinook may be 

achieved quickly, and that provisions to 

slow the catch were needed to avoid 

exceeding the quota.

All other restrictions remained in 

effect as announced for 2004 ocean 

Federal Register / Vol. 69, No. 210 / Monday, November 1, 2004 / Rules and Regulations 63333

salmon fisheries and previous inseason 

actions. This action was necessary to 

conform to the 2004 management goals. 

Modification of quotas and/or fishing 

seasons is authorized by regulations at 

50 CFR 660.409(b)(1)(i). Modification of 

the species that may be caught and 

landed during specific seasons and the 

establishment or modification of limited 

retention regulations are authorized by 

regulations at 50 CFR 660.409(b)(1)(ii).

In the 2004 annual management 

measures for ocean salmon fisheries (69 

FR 25026, May 5, 2004), NMFS 

announced the commercial fishery for 

all salmon except coho in the area from 

Humbug Mountain, OR to the OregonCalifornia Border would open March 15 

through May 31; June 1 through the 

earlier of June 30 or a 2,600–chinook 

quota; July 1 through the earlier of July 

31 or a 1,600–chinook quota; August 1 

through the earlier of August 29 or a 

2,500–chinook quota; and September 1 

through the earlier of September 30 or 

a 3,000–chinook quota.

The fishery in the area from Humbug 

Mountain OR to the Oregon-California 

Border was modified by Inseason Action 

#4 to close at midnight on Saturday, 

June 19, 2004 (69 FR 40817, July 7, 

2004) because the available catch and 

effort data indicated that the quota of 

2,600 chinook salmon had been 

achieved.

The fishery in the area from Humbug 

Mountain, OR to the Oregon-California 

Border was modified by Inseason Action 

#8 to close at midnight on Monday, July 

19, 2004 (69 FR 52449, August 26, 

2004), because the available catch and 

effort data indicated that the quota of 

1,600 chinook salmon had been 

achieved.

The fishery in the area from Humbug 

Mountain, OR to the Oregon-California 

Border was also modified by Inseason 

Action #9 to close at midnight on 

Wednesday, August 4, 2004 (69 FR 

53362, September 1, 2004), because the 

available catch and effort data indicated 

that the quota of 2,500 chinook salmon 

had been achieved.

On August 19, 2004, the Regional 

Administrator consulted with 

representatives of the Pacific Fishery 

Management Council and Oregon 

Department of Fish and Wildlife by 

conference call. Information related to 

catch to date, the chinook catch rate, 

and effort data indicated that it was 

likely that the chinook quota could be 

reached early. As a result, the State of 

Oregon recommended, and the Regional 

Administrator concurred, that the area 

from Humbug Mountain, OR to the 

Oregon-California Border be modified to 

open September 1 through September 3, 

September 8 through September 10, and 

September 15 through September 30, or 

until the attainment of the 3,000–

chinook quota, with a modified 

possession and landing limit of 50 

chinook per day per vessel. All other 

restrictions that apply to this fishery 

remained in effect as announced in the 

2004 annual management measures.

The Regional Administrator 

determined that the best available 

information indicated that the catch and 

effort data, and projections, supported 

the above inseason action recommended 

by the state. The states manage the 

fisheries in state waters adjacent to the 

areas of the U.S. exclusive economic 

zone in accordance with this Federal 

action. As provided by the inseason 

notice procedures of 50 CFR 660.411, 

actual notice to fishers of the above 

described action was given prior to the 

date this action was effective by 

telephone hotline number 206–526–

6667 and 800–662–9825, and by U.S. 

Coast Guard Notice to Mariners 

broadcasts on Channel 16 VHF-FM and 

2182 kHz.

This action does not apply to other 

fisheries that may be operating in other 

areas.

Classification

The Assistant Administrator for 

Fisheries, NOAA (AA), finds that good 

cause exists for this notification to be 

issued without affording prior notice 

and opportunity for public comment 

under 5 U.S.C. 553(b)(B) because such 

notification would be impracticable. As 

previously noted, actual notice of this 

action was provided to fishers through 

telephone hotline and radio notification. 

This action complies with the 

requirements of the annual management 

measures for ocean salmon fisheries (69 

FR 25026, May 5, 2004), the West Coast 

Salmon Plan, and regulations 

implementing the West Coast Salmon 

Plan (50 CFR 660.409 and 660.411). 

Prior notice and opportunity for public 

comment was impracticable because 

NMFS and the state agency have 

insufficient time to provide for prior 

notice and the opportunity for public 

comment between the time the fishery 

catch and effort data are collected to 

determine the extent of the fisheries, 

and the time the fishery modifications 

must be implemented to avoid 

exceeding the quota. Because the rate of 

chinook harvest was high in this fishery 

area in all of its previous openings, 

failure to slow the catch rate in the 

fishery would increase the risk of 

exceeding the quota, which could result 

in fewer spawning fish and possibly 

reduced yield of the stocks in the future. 

For the same reasons, the AA also finds 

good cause to waive the 30–day delay in 

effectiveness required under U.S.C. 

553(d)(3).

This action is authorized by 50 CFR 

660.409 and 660.411 and is exempt from 

review under Executive Order 12866.

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

Dated: October 26, 2004. 

Alan D. Risenhoover,

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service.

[FR Doc. 04–24343 Filed 10–29–04; 8:45 am]

BILLING CODE 3510–22–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 660

[Docket No. 040429134–4135–01; I.D. 

102504A]

Fisheries Off West Coast States and in 

the Western Pacific; West Coast 

Salmon Fisheries; Inseason Action 

#11—Adjustments of the Recreational 

and Commercial Fisheries from the 

U.S.-Canada Border to Cape Falcon, 

Oregon

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Modification of fishing seasons; 

request for comments.

SUMMARY: NMFS announces that the 

commercial salmon fishery in the area 

from the Queets River to Cape Falcon, 

OR, was modified effective September 1, 

2004, to allow for the retention of all 

legal sized coho with a landing 

provision that no vessel may possess, 

land, or deliver more than 500 coho for 

each 5–day open period until the earlier 

of September 15 or a quota of 10,000 

coho. Unmarked coho could only be 

possessed and landed in the area from 

the Queets River to Cape Falcon. The 

recreational salmon fishery from the 

Queets River to Leadbetter Point, WA 

(Westport Subarea) was modified 

effective Sunday, August 29, 2004, to 

allow for the retention of all legal sized 

coho until the earlier of September 19 

or a quota of 10,000 coho. Unmarked 

coho could only be possessed and 

landed in the Westport Subarea. In 

addition, 20,000 coho from the quota of 

the commercial fishery from the U.S.-

Canada Border to Cape Falcon, OR, was 

traded for 5,000 chinook from the 

recreational Westport Subarea 

guideline. These actions were necessary 

to conform to the 2004 management 

goals.