75004 Federal Register / Vol. 69, No. 240 / Wednesday, December 15, 2004 / Rules and Regulations 

individual work for others agreements 

are set forth in DOE Order 481.1C (as 

supplemented by DOE Manual 481.1–

1A for agreements with non-Federal 

entities), which may be amended from 

time to time, and such other guidance 

as may be issued by DOE. Contracting 

officers must ensure that the 

contractor’s procedures for its 

operations are consistent with DOE’s 

procedural requirements. 

(b) A contractor may perform work for 

other Federal or non-Federal sponsors 

only if: 

(1) The contractor is authorized by 

contract clause to perform such work; 

(2) The work is not directly funded by 

DOE appropriations and is fully 

reimbursed by the sponsor; 

(3) The DOE Contracting Officer or 

authorized designee approves the work 

in advance; and, 

(4) The work is performed in 

accordance with DOE policies, 

procedures and directives applicable to 

the contract. 

(c) Contracting officers must ensure 

that the requesting Federal entity 

certifies that: 

(1) The interagency agreement with 

DOE complies with the Economy Act of 

1932 (31 U.S.C. 1535) and other 

applicable statutory authorities and 48 

CFR 6.002, which prohibits the use of 

an Interagency Agreement for the 

purpose of avoiding the competition 

requirements of the Federal Acquisition 

Regulation; and, 

(2) The work to be performed will not 

place the DOE contractor in direct 

competition with the domestic private 

sector.

970.1707–4 Contract clause. 

Insert the clause at 970.5217–1, Work 

for Others Program (Non-DOE Funded 

Work), in any contract that may involve 

work under the Work for Others 

Program, pursuant to 970.1707–3(b).

■ 5. Subpart 970.52 is amended by 

adding section 970.5217–1 to read as 

follows:

970.5217–1 Work for Others Program. 

As prescribed in 48 CFR (DEAR) 

970.1707–4 insert the following clause:

WORK FOR OTHERS PROGRAM (NON-DOE 

FUNDED WORK) (JAN 2005) 

(a) Authority to Perform Work for Others.

Pursuant to the Economy Act of 1932, as 

amended (31 U.S.C. 1535), and the Atomic 

Energy Act of 1954, as amended (42 U.S.C. 

2011 et seq.) or other applicable authority, 

the Contractor may perform work for nonDOE entities (sponsors) on a fully 

reimbursable basis in accordance with this 

clause. 

(b) Contractor’s Implementation. The 

Contractor must draft, implement, and 

maintain formal policies, practices, and 

procedures in accordance with this clause, 

which must be submitted to the Contracting 

Officer for review and approval. 

(c) Conditions of Participation in Work for 

Others Program. The Contractor: 

(1) Must not perform Work for Others 

activities that would place it in direct 

competition with the domestic private sector; 

(2) Must not respond to a request for 

proposals or any other solicitation from 

another Federal agency or non-Federal 

organization that involves direct comparative 

competition, either as an offeror, team 

member, or subcontractor to an offeror; 

however, the Contractor may, following 

notification to the Contracting Officer, 

respond to Broad Agency Announcements, 

Financial Assistance solicitations, and 

similar solicitations from another Federal 

Agency or non-Federal organizations when 

the selection is based on merit or peer 

review, the work involves basic or applied 

research to further advance scientific 

knowledge or understanding, and a response 

does not result in direct, comparative 

competition; 

(3) Must not commence work on any Work 

for Others activity until a Work for Others 

proposal package has been approved by the 

DOE Contracting Officer or designated 

representative; 

(4) Must not incur project costs until 

receipt of DOE notification that a budgetary 

resource is available for the project, except as 

provided in 48 CFR 970.5232–6; 

(5) Must ensure that all costs associated 

with the performance of the work, including 

specifically all DOE direct costs and 

applicable surcharges, are included in any 

Work for Others proposal; 

(6) Must maintain records for the 

accumulation of costs and the billing of such 

work to ensure that DOE’s appropriated 

funds are not used in support of Work for 

Others activities and to provide an 

accounting of the expenditures to DOE and 

the sponsor upon request; 

(7) Must perform all Work for Others 

projects in accordance with the standards, 

policies, and procedures that apply to 

performance under this contract, including 

but not limited to environmental, safety and 

health, security, safeguards and classification 

procedures, and human and animal research 

regulations; 

(8) May subcontract portion(s) of a Work 

for Others project; however, the Contractor 

must select the subcontractor and the work 

to be subcontracted. Any subcontracted work 

must be in direct support of the DOE 

contractor’s performance as defined in the 

DOE approved work for others proposal 

package; and,

(9) Must maintain a summary listing of 

project information for each active Work for 

Others project, consisting of: 

(i) Sponsoring agency; 

(ii) Total estimated costs; 

(iii) Project title and description; 

(iv) Project point of contact; and, 

(v) Estimated start and completion dates. 

(d) Negotiation and Execution of Work for 

Others Agreement. (1) When delegated 

authority by the Contracting Officer, the 

Contractor may negotiate the terms and 

conditions that will govern the performance 

of a specific Work for Others project. Such 

terms and conditions must be consistent with 

the terms, conditions, and requirements of 

the Contractor’s contract with DOE. The 

Contractor may use DOE-approved contract 

terms and conditions as delineated in DOE 

Manual 481.1–1A or terms and conditions 

previously approved by the responsible 

Contracting Officer or authorized designee 

for agreements with non-Federal entities. The 

Contractor must not hold itself out as 

representing DOE when negotiating the 

proposed Work for Others agreement. 

(2) The Contractor must submit all Work 

for Others agreements to the DOE Contracting 

Officer for DOE review and approval. The 

Contractor may not execute any proposed 

agreement until it has received notice of DOE 

approval. 

(e) Preparation of Project Proposals. When 

the Contractor proposes to perform Work for 

Others activities pursuant to this clause, it 

may assist the project sponsor in the 

preparation of project proposal packages 

including the preparation of cost estimates. 

(f) Work for Others Appraisals. DOE may 

conduct periodic appraisals of the 

Contractor’s compliance with its Work for 

Others Program policies, practices and 

procedures. The Contractor must provide 

facilities and other support in conjunction 

with such appraisals as directed by the 

Contracting Officer or authorized designee. 

(g) Annual Work for Others Report. The 

Contractor must provide assistance as 

required by the Contracting Officer or 

authorized designee in the preparation of a 

DOE Annual Summary Report of Work for 

Others Activities under the contract.

[FR Doc. 04–27418 Filed 12–14–04; 8:45 am] 

BILLING CODE 6450–01–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 679

Docket No. 031124287–4060–02; I.D. 

120904A]

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Catcher Vessels 60 feet (18.3 m) 

Length Overall and Longer Using 

Hook-and-line Gear in the Bering Sea 

and Aleutian Islands

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Closure.

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific cod by catcher vessels 

60 feet (18.3 m) length overall (LOA) 

and longer using hook-and-line gear in 

the Bering Sea and Aleutian Islands 

management area (BSAI). This action is 

Federal Register / Vol. 69, No. 240 / Wednesday, December 15, 2004 / Rules and Regulations 75005

necessary to prevent exceeding the 2004 

total allowable catch (TAC) of Pacific 

cod allocated for catcher vessels 60 feet 

(18.3 m) LOA and longer using hookand-line gear in this area.

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), December 10, 2004, until 

2400 hrs, A.l.t., December 31, 2004.

FOR FURTHER INFORMATION CONTACT: Josh 

Keaton, 907–586–7228.

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI according to the Fishery 

Management Plan for Groundfish of the 

Bering Sea and Aleutian Islands 

Management Area (FMP) prepared by 

the North Pacific Fishery Management 

Council under authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act. 

Regulations governing fishing by U.S. 

vessels in accordance with the FMP 

appear at subpart H of 50 CFR part 600 

and 50 CFR part 679.

The 2004 final harvest specification 

for groundfish of the BSAI (69 FR 9242, 

February 27, 2004), allocated a directed 

fishing allowance for Pacific cod of 303 

metric tons to catcher vessels 60 feet 

(18.3 m) LOA and longer using hookand-line gear in the BSAI. See 

§ 679.20(c)(3)(iii), § 679.20(c)(5), and 

§ 679.20(a)(7)(i)(A) and (C).

In accordance with § 679.20(d)(1)(iii), 

the Administrator, Alaska Region, 

NMFS , has determined that the 2004 

Pacific cod TAC allocated as a directed 

fishing allowance to catcher vessels 60 

feet (18.3 m) LOA and longer using 

hook-and-line gear in the BSAI will 

soon be reached. Consequently, NMFS 

is prohibiting directed fishing for Pacific 

cod by catcher vessels 60 feet (18.3 m) 

LOA and longer using hook-and-line 

gear in the BSAI.

Classification

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA, 

(AA), finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) as such requirement is 

impracticable and contrary to the public 

interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 

delay the closure of Pacific cod 

specified for catcher vessels 60 feet LOA 

and longer using hook-and-line gear in 

the BSAI.

The AA also finds good cause to 

waive the 30–day delay in the effective 

date of this action under 5 U.S.C. 

553(d)(3). This finding is based upon 

the reasons provided above for waiver of 

prior notice and opportunity for public 

comment.

This action is required by § 679.20 

and is exempt from review under 

Executive Order 12866.

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

seq.

Dated: December 10, 2004.

Alan D. Risenhoover,

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service.

[FR Doc. 04–27429 Filed 12–10–04; 3:10 pm]

BILLING CODE 3510–22–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 679

[Docket No. 031124287–4060–02; I.D. 

120904D]

Fisheries of the Exclusive Economic 

Zone Off Alaska; Groundfish of the 

Bering Sea and Aleutian Islands 

Management Area

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Apportionment of reserve; 

request for comments.

SUMMARY: NMFS apportions amounts of 

the non-specified reserve of groundfish 

to certain target species in the Bering 

Sea and Aleutian Islands management 

area (BSAI). This action is necessary to 

account for previous harvest of the total 

allowable catch (TAC). It is intended to 

promote the goals and objectives of the 

fishery management plan for groundfish 

of the BSAI.

DATES: Effective December 15, 2004. 

Written comments must be received no 

later than 4:30 p.m., Alaska local time, 

December 29, 2004.

ADDRESSES: Send comments to Sue 

Salveson, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region, NMFS, Attn: 

Lori Durall. Comments may be 

submitted by:

• Mail to: P.O. Box 21668, Juneau, AK 

99802;

• Hand delivery to the Federal 

Building, 709 West 9th Street, Room 

420A, Juneau, Alaska;

• FAX to 907–586–7557;

• E-mail to bsairel04l2@noaa.gov

and include in the subject line of the email comment the document identifier: 

bsairel04l2; or

• Webform at the Federal 

eRulemaking Portal: 

www.regulations.gov. Follow the 

instructions at that site for submitting 

comments.

FOR FURTHER INFORMATION CONTACT: Josh 

Keaton, 907–586–7228.

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI according to the Fishery 

Management Plan for Groundfish of the 

Bering Sea and Aleutian Islands 

Management Area (FMP) prepared by 

the North Pacific Fishery Management 

Council under authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act. 

Regulations governing fishing by U.S. 

vessels in accordance with the FMP 

appear at subpart H of 50 CFR part 600 

and 50 CFR part 679.

The Administrator, Alaska Region, 

NMFS, has determined that the initial 

TACs specified in the 2004 final harvest 

specifications for groundfish in the 

BSAI (69 FR 9242, February 27, 2004) 

for arrowtooth flounder, flathead sole, 

‘‘other flatfish’’ and rock sole in the 

BSAI need to be supplemented from the 

non-specified reserve in order to 

account for prior harvest.

Therefore, in accordance with 

§ 679.20(b)(3), NMFS apportions 

amounts from the non-specified reserve 

to the TACs for the following species or 

species groups in the BSAI: 5,000 mt to 

arrowtooth flounder, 500 mt to flathead 

sole, 1,900 to ‘‘other flatfish’’ and 4,190 

to rock sole. These apportionments are 

consistent with § 679.20(b)(1)(ii) and do 

not result in overfishing of a target 

species because the revised TACs are 

equal to or less than specifications of 

acceptable biological catch (69 FR 9242, 

February 27, 2004).

Classification

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA, 

(AA) finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) and 679.20 (b)(3)(iii)(A) 

as such a requirement is impracticable 

and contrary to the public interest. This 

requirement is impracticable and 

contrary to the public interest as it 

would prevent NMFS from responding 

to the most recent fisheries data in a 

timely fashion and would delay the 

apportionment of the reserves. NMFS 

was unable to publish a notice 

providing time for public comment 

because the most recent, relevant data