Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Rules and Regulations 65091

U.S.C. 1651 et seq.) extends the 

Longshoremen’s and Harbor Workers’

Compensation Act (33 U.S.C. 901) to 

various classes of employees working 

outside the United States. When the 

agency head recommends a waiver to 

the Secretary of Labor, the Secretary 

may waive the applicability of the 

Defense Base Act to any contract, 

subcontract, work location, or 

classification of employees. DFARS 

228.305 provides the procedures within 

DoD for submitting such requests for 

waiver. DoD has removed this 

procedural text from the DFARS and 

relocated it to the new DFARS 

companion resource, PGI. 

DoD published a proposed rule at 69 

FR 8153 on February 23, 2004. DoD 

received no comments on the proposed 

rule. Therefore, DoD has adopted the 

proposed rule as a final rule without 

change.

This rule was not subject to Office of 

Management and Budget review under 

Executive Order 12866, dated 

September 30, 1993. 

B. Regulatory Flexibility Act 

DoD certifies that this final 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 the rule deletes DFARS text 

addressing procedural matters, but 

makes no significant change to 

contracting policy. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because the rule does not 

impose any 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 228 

Government procurement.

Michele P. Peterson, 

Executive Editor, Defense Acquisition 

Regulations Council.

■ Therefore, 48 CFR part 228 is amended 

as follows:

■ 1. The authority citation for 48 CFR 

part 228 continues to read as follows:

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

chapter 1.

PART 228—BONDS AND INSURANCE

■ 2. Sections 228.304 and 228.305 are 

revised to read as follows:

228.304 Risk-pooling arrangements. 

DoD has established the National 

Defense Projects Rating Plan, also 

known as the Special Casualty 

Insurance Rating Plan, as a risk-pooling 

arrangement to minimize the cost to the 

Government of purchasing the liability 

insurance listed in FAR 28.307–2. Use 

the plan in accordance with the 

procedures at PGI 228.304 when it 

provides the necessary coverage more 

advantageously than commercially 

available coverage.

228.305 Overseas workers’ compensation 

and war-hazard insurance. 

(d) When submitting requests for 

waiver, follow the procedures at PGI 

228.305(d).

[FR Doc. 04–24865 Filed 11–9–04; 8:45 am] 

BILLING CODE 5001–08–P

DEPARTMENT OF DEFENSE

48 CFR Parts 235 and 252 

[DFARS Case 2003–D067] 

Defense Federal Acquisition 

Regulation Supplement; Research and 

Development Contracting

AGENCY: Department of Defense (DoD).

ACTION: Final rule.

SUMMARY: DoD has issued a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to update text pertaining to 

research and development contracting. 

This rule is a result of a transformation 

initiative undertaken by DoD to 

dramatically change the purpose and 

content of the DFARS.

EFFECTIVE DATE: November 10, 2004.

FOR FURTHER INFORMATION CONTACT: Ms. 

Robin Schulze, Defense Acquisition 

Regulations Council, OUSD (AT&L) 

DPAP (DAR), IMD 3C132, 3062 Defense 

Pentagon, Washington, DC 20301–3062. 

Telephone (703) 602–0326; facsimile 

(703) 602–0350. Please cite DFARS Case 

2003–D067.

SUPPLEMENTARY INFORMATION: 

A. Background 

DFARS Transformation is a major 

DoD initiative to dramatically change 

the purpose and content of the DFARS. 

The objective is to improve the 

efficiency and effectiveness of the 

acquisition process, while allowing the 

acquisition workforce the flexibility to 

innovate. The transformed DFARS will 

contain only requirements of law, DoDwide policies, delegations of FAR 

authorities, deviations from FAR 

requirements, and policies/procedures 

that have a significant effect beyond the 

internal operating procedures of DoD or 

a significant cost or administrative 

impact on contractors or offerors. 

Additional information on the DFARS 

Transformation initiative is available at 

http://www.acq.osd.mil/dpap/dfars/

transf.htm.

This final rule is a result of the 

DFARS Transformation initiative. The 

DFARS changes include—

• Updating of a statutory reference at 

DFARS 235.006–70. 

• Deletion of unnecessary text at 

DFARS 235.007 and 235.015. 

• Deletion of text at DFARS 235.010 

regarding DoD maintenance of scientific 

and technical reports. Text on this 

subject has been relocated to the new 

DFARS companion resource, 

Procedures, Guidance, and Information 

(PGI), available at http://

www.acq.osd.mil/dpap/dars/pgi.

• Updating of administrative 

information at DFARS 235.017–1 and 

252.235–7011. 

DoD published a proposed rule at 69 

FR 8158 on February 23, 2004. DoD 

received no comments on the proposed 

rule. Therefore, DoD has adopted the 

proposed rule as a final rule without 

change. 

This rule was not subject to Office of 

Management and Budget review under 

Executive Order 12866, dated 

September 30, 1993. 

B. Regulatory Flexibility Act 

DoD certifies that this final 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 the rule updates administrative 

information, and deletes DFARS text 

that is unnecessary or procedural, but 

makes no significant change to 

contracting policy. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because the rule does not 

impose any 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 Parts 235 and 

252 

Government procurement.

Michele P. Peterson, 

Executive Editor, Defense Acquisition 

Regulations Council.

■ Therefore, 48 CFR Parts 235 and 252 

are amended as follows:

■ 1. The authority citation for 48 CFR 

Parts 235 and 252 continues to read as 

follows:

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

Chapter 1.

65092 Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Rules and Regulations 

PART 235—RESEARCH AND 

DEVELOPMENT CONTRACTING

235.006–70 [Amended]

■ 2. Section 235.006–70 is amended in 

the introductory text by removing ‘‘10 

U.S.C. 2525(d)’’ and adding in its place 

‘‘10 U.S.C. 2521(d)’’.

235.007 [Removed]

■ 3. Section 235.007 is removed.

■ 4. Section 235.010 is revised to read as 

follows:

235.010 Scientific and technical reports. 

(b) For DoD, the Defense Technical 

Information Center is responsible for 

collecting all scientific and technical 

reports. For access to these reports, 

follow the procedures at PGI 235.010(b).

235.015 [Removed]

■ 5. Section 235.015 is removed.

235.017–1 [Amended]

■ 6. Section 235.017–1 is amended in 

paragraph (c)(4) by revising the first 

parenthetical to read ‘‘(C3I Laboratory 

operated by the Institute for Defense 

Analysis, Lincoln Laboratory operated 

by Massachusetts Institute of 

Technology, and Software Engineering 

Institute operated by Carnegie Mellon)’’.

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES

■ 7. Section 252.235–7011 is revised to 

read as follows:

252.235–7011 Final scientific or technical 

report. 

As prescribed in 235.071(d), use the 

following clause: FINAL SCIENTIFIC 

OR TECHNICAL REPORT (NOV 2004) 

The Contractor shall—

(a) Submit two copies of the approved 

scientific or technical report delivered 

under this contract to the Defense 

Technical Information Center, Attn: 

DTIC–O, 8725 John J. Kingman Road, 

Fort Belvoir, VA 22060–6218; 

(b) Include a completed Standard 

Form 298, Report Documentation Page, 

with each copy of the report; and 

(c) For submission of reports in other 

than paper copy, contact the Defense 

Technical Information Center or follow 

the instructions at http://www.dtic.mil.

(End of clause)

[FR Doc. 04–24863 Filed 11–9–04; 8:45 am] 

BILLING CODE 5001–08–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 622

[Docket No. 040205043–4168–02; I.D. 

110404D]

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Reef Fish 

Fishery of the Gulf of Mexico; Closure 

of the 2004 Shallow-Water Grouper 

Commercial Fishery

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Notice of closure.

SUMMARY: NMFS closes the commercial 

fishery for shallow-water grouper (black, 

gag, red, red hind, rock hind, scamp, 

yellowfin, and yellowmouth) in the 

exclusive economic zone (EEZ) of the 

Gulf of Mexico. This closure is in 

response to NMFS’s determination that 

the red grouper quota for the 

commercial fishery will be reached by 

November 15, 2004. Existing regulations 

require closure of the entire shallowwater grouper fishery when either the 

red grouper quota or shallow-water 

grouper quota is reached. This closure is 

necessary to protect the shallow-water 

grouper resource.

DATES: Closure is effective 12:01 a.m., 

local time, November 15, 2004, until 

12:01 a.m., local time, on January 1, 

2005.

FOR FURTHER INFORMATION CONTACT: Phil 

Steele, telephone 727–570–5784, fax 

727–570–5583, e-mail 

Phil.Steele@noaa.gov.

SUPPLEMENTARY INFORMATION: The reef 

fish fishery of the Gulf of Mexico is 

managed under the Fishery 

Management Plan for the Reef Fish 

Resources of the Gulf of Mexico (FMP). 

The FMP was prepared by the Gulf of 

Mexico Fishery Management Council 

and is implemented under the authority 

of the Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) by regulations 

at 50 CFR part 622. Those regulations 

set the commercial quota for red grouper 

in the Gulf of Mexico at 5.31 million lb 

(2,413,636 kg) for the current fishing 

year, January 1 through December 31, 

2004. Those regulations also require 

closure of the entire shallow-water 

grouper commercial fishery when either 

the red grouper quota or the shallowwater grouper quota is reached.

Under 50 CFR 622.43(a), NMFS is 

required to close the commercial fishery 

for a species or species group when the 

quota for that species or species group 

is reached, or is projected to be reached, 

by filing a notification to that effect in 

the Federal Register. Based on current 

statistics, NMFS has determined that the 

available commercial quota of 5.31 

million lb (2,413,636 kg) for red grouper 

will be reached on or before November 

15, 2004. Accordingly, NMFS is closing 

the commercial shallow-water grouper 

fishery in the Gulf of Mexico EEZ from 

12:01 a.m., local time, on November 15, 

2004, until 12:01 a.m., local time, on 

January 1, 2005. The operator of a vessel 

with a valid reef fish permit having 

shallow-water grouper aboard must 

have landed and bartered, traded, or 

sold such shallow-water grouper prior 

to 12:01 a.m., local time, November 15, 

2004.

During the closure: the bag and 

possession limits specified in 50 CFR 

622.39(b) apply to the harvest or 

possession of red grouper and shallowwater grouper in or from the Gulf of 

Mexico EEZ, and the sale or purchase of 

shallow-water grouper taken from the 

EEZ is prohibited. The prohibition on 

the sale or purchase does not apply to 

the sale or purchase of red grouper or 

shallow-water grouper that were 

harvested, landed ashore, and sold prior 

to 12:01 a.m., local time, November 15, 

2004, and were held in cold storage by 

a dealer or processor.

Classification

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA, 

finds the need to immediately 

implement this action to close the 

fishery. Pursuant to 5 U.S.C. 

553(b)(3)(B), there is good cause to 

waive provide prior notice and 

opportunity for public comment on this 

action, as notice and comment would be 

unnecessary and contrary to the public 

interest. Such procedures are 

unnecessary because the rule itself has 

been subject to notice and comment, 

and all that remains is to notify the 

public of the closure. Allowing prior 

notice and opportunity for public 

comment is contrary to the public 

interest because it requires time during 

which harvest would likely exceed the 

quota.

There is good cause under 5 U.S.C. 

553(d) to waive the 30-day delay in 

effective date. There is a need to 

implement this measure in a timely 

fashion to prevent an overage of the 

commercial quota of Gulf red grouper, 

given the capacity of the fishing fleet to 

exceed the quota quickly. Any delay in 

implementing this action would be