Federal Register / Vol. 69, No. 240 / Wednesday, December 15, 2004 / Rules and Regulations 75001

SUPPLEMENTARY INFORMATION:

A. Background 

DoD published an interim DFARS 

rule at 69 FR 35532 on June 25, 2004, 

to implement Section 331 of the 

National Defense Authorization Act for 

Fiscal Year 2004 (Pub. L. 108–136). 

Section 331 amended 10 U.S.C. 2465 to 

permit the award of contracts for 

firefighting functions at military 

installations or facilities, for periods of 

one year or less, if the functions would 

otherwise have to be performed by 

members of the armed forces who are 

not readily available by reason of a 

deployment. DoD received no comments 

on the interim rule. Therefore, DoD has 

adopted the interim 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 application of the rule is 

limited to firefighting functions at 

military installations or facilities for 

periods of one year or less, when 

members of the armed forces are not 

readily available to perform the 

functions due to a deployment. 

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 237 

Government procurement.

Michele P. Peterson, 

Executive Editor, Defense Acquisition 

Regulations Council.

Interim Rule Adopted as Final Without 

Change

■ Accordingly, the interim rule 

amending 48 CFR Part 237, which was 

published at 69 FR 35532 on June 25, 

2004, is adopted as a final rule without 

change.

[FR Doc. 04–27347 Filed 12–14–04; 8:45 am] 

BILLING CODE 5001–08–P

DEPARTMENT OF ENERGY

48 CFR Parts 909 and 970 

RIN 1991–AB64 

Acquisition Regulation: Work for 

Others

AGENCY: Department of Energy.

ACTION: Interim final rule with request 

for comment. 

SUMMARY: The Department of Energy 

(DOE) is amending the Department of 

Energy Acquisition Regulation (DEAR) 

to provide policy and procedures 

regarding work for non-DOE entities 

performed by DOE contractors who 

manage and operate DOE-owned or 

-leased facilities. The regulation is also 

being revised to make an administrative 

change concerning debarment and 

suspension officials. The contractor 

requirements previously found in DOE 

Order 481.1B, ‘‘Work for Others (NonDepartment of Energy Funded Work),’’

are being relocated to the DEAR to 

ensure that authorization to perform 

non-DOE funded work is provided by 

DOE in a consistent and uniform 

manner. No other change in the DOE’s 

Work for Others policy is being made.

DATES: Effective Date: January 14, 2005. 

Comment Date: Interested persons 

may submit comments on this interim 

final rule by January 14, 2005.

ADDRESSES: This rule is available and 

comments may be submitted on line at 

http://www.regulations.gov. Comments 

may be submitted electronically to 

richard.langston@hq.doe.gov. 

Comments may be mailed to Richard 

Langston, Mail Code ME–61, U.S. 

Department of Energy, 1000 

Independence Avenue, SW., 

Washington, DC 20585 or phone (202) 

287–1339.

FOR FURTHER INFORMATION CONTACT:

Andrew Geary, U.S. Department of 

Energy, Office of Procurement and 

Assistance Management, ME–62, 1000 

Independence Avenue, SW., 

Washington, DC 20585 at (202) 287–

1507 or electronically at 

andrew.geary@hq.doe.gov.

SUPPLEMENTARY INFORMATION:

I. Background. 

II. Section-by-Section Analysis. 

III. Procedural Requirements. 

A. Review Under Executive Order 12866. 

B. Review Under Executive Order 12988. 

C. Review Under the Regulatory Flexibility 

Act. 

D. Review Under the Paperwork Reduction 

Act. 

E. Review Under the National 

Environmental Policy Act. 

F. Review Under Executive Order 13132. 

G. Review Under the Unfunded Mandates 

Reform Act of 1995. 

H. Review Under the Treasury and General 

Government Appropriations Act, 1999. 

I. Review Under the Small Business 

Regulatory Enforcement Fairness Act of 

1996. 

J. Review Under Executive Order 13211. 

K. Review Under the Treasury and General 

Government Appropriations Act, 2001. 

L. Approval by the Office of the Secretary 

of Energy.

I. Background 

DOE, including the National Nuclear 

Security Administration (NNSA), owns 

or sponsors major scientific research 

and development, and manufacturing 

facilities throughout the United States 

that are managed and operated by 

contractors. DOE permits these 

contractors to perform non-DOE work 

for other Federal agencies and nonFederal entities on a fully reimbursable 

basis when such work is authorized by 

law and the work requires DOE’s unique 

technologies and capabilities. 

Performance of this work is 

conducted under DOE’s Work for Others 

Program. The Work for Others Program 

makes available for use special or 

unique services or facilities that are 

otherwise unavailable in the private 

sector. The Work for Others Program 

requires that funding for Work for 

Others projects be provided by a nonDOE sponsor. Performance of this work 

has allowed DOE and its management 

and operating contractors to assist other 

Federal agencies in accomplishing their 

missions and has provided assistance to 

non-Federal entities to solve complex 

and challenging technological issues. 

DOE allows such work to be 

conducted by contractors provided that: 

(1) DOE’s laboratories and facilities do 

not compete directly with the domestic 

private sector; 

(2) The acceptance and performance 

of work complies with applicable 

statutes and regulations; 

(3) Work is fully funded by the nonDOE entity requesting work to be 

performed; and, 

(4) The work to be performed is 

consistent with or complimentary to 

DOE missions and the missions of the 

facility where the work will be 

performed. 

The purpose of this rule is to establish 

a uniform contract clause that will 

provide authority to DOE’s management 

and operating contractors to perform 

fully reimbursable work under the terms 

and conditions set forth in their 

contracts. 

This rule amends Part 970 of the 

DEAR which governs DOE contracts 

with entities that manage and operate 

DOE-owned or -leased facilities. The 

rule applies to contracts when the 

contractor performs fully reimbursable 

75002 Federal Register / Vol. 69, No. 240 / Wednesday, December 15, 2004 / Rules and Regulations 

work for other Federal agencies and 

non-Federal entities and does not relate 

to the expenditure of DOE’s 

appropriated funds. Neither 5 U.S.C. 

553 nor 41 U.S.C. 418b require 

publication of a notice of proposed 

rulemaking prior to the publication of 

today’s final rule. Nevertheless, 

comments on today’s rule will be 

accepted. DOE will consider all 

comments and, if appropriate, may 

modify the rule. 

DOE is also making a technical 

amendment to 48 CFR Part 909 to 

identify an NNSA official as the 

debarment and suspension official for 

NNSA contracts. 

II. Section-by-Section Analysis 

DOE is amending the DEAR as 

follows: 

1. Section 909.403 is being amended 

to identify a separate debarment and 

suspension official for contracts 

awarded by the NNSA. 

2. Section 970.1707 is being added to 

provide information regarding DOE’s 

Work for Others Program including: 

(i) A general definition of the program 

and its activities; 

(ii) The purpose for the program; 

(iii) Specified requirements that must 

be satisfied prior to the acceptance and 

performance of work for others 

activities; and, 

(iv) An instruction directing use of a 

uniform clause. 

3. A standard contract clause is added 

at 970.5217–1 for use in DOE contracts 

to authorize the performance of work for 

non-DOE entities by DOE management 

and operating contractors and to 

establish specific conditions under 

which this work can be approved and 

performed. These conditions include 

ensuring that:

(i) DOE’s laboratories and facilities do 

not compete directly with the domestic 

private sector; 

(ii) The acceptance and performance 

of work complies with applicable 

statutes and regulations; 

(iii) Work is fully funded by the nonDOE entity requesting work to be 

performed; and, 

(iv) The work to be performed is 

consistent with or complimentary to 

DOE missions and the missions of the 

facility where the work will be 

performed. 

III. Procedural Requirements 

A. Review Under Executive Order 12866 

This regulatory action has been 

determined not to be a significant 

regulatory action under Executive Order 

12866, Regulatory Planning and Review 

(58 FR 51735, October 4, 1993). 

Accordingly, this rule is not subject to 

review under the Executive Order by the 

Office of Information and Regulatory 

Affairs (OIRA) within the Office of 

Management and Budget (OMB). 

B. Review Under Executive Order 12988 

With respect to the review of existing 

regulations and the promulgation of 

new regulations, section 3(a) of 

Executive Order 12988, Civil Justice 

Reform, 61 FR 4729 (February 7, 1996), 

imposes on Executive agencies the 

general duty to adhere to the following 

requirements: (1) Eliminate drafting 

errors and ambiguity; (2) write 

regulations to minimize litigation; and 

(3) provide a clear legal standard for 

affected conduct rather than a general 

standard and promote simplification 

and burden reduction. With regard to 

the review required by section 3(a), 

section 3(b) of Executive Order 12988 

specifically requires that Executive 

agencies make every reasonable effort to 

ensure that the regulation: (1) Clearly 

specifies the preemptive effect, if any; 

(2) clearly specifies any effect on 

existing Federal law or regulation; (3) 

provides a clear legal standard for 

affected conduct while promoting 

simplification and burden reduction; (4) 

specifies the retroactive effect, if any; (5) 

adequately defines key terms; and (6) 

addresses other important issues 

affecting clarity and general 

draftsmanship under any guidelines 

issued by the Attorney General. Section 

3(c) of Executive Order 12988 requires 

Executive agencies to review regulations 

in light of applicable standards in 

section 3(a) and section 3(b) to 

determine whether they are met or it is 

unreasonable to meet one or more of 

them. DOE has completed the required 

review and determined that, to the 

extent permitted by law, these 

regulations meet the relevant standards 

of Executive Order 12988. 

C. Review Under the Regulatory 

Flexibility Act 

This rule has been reviewed under the 

Regulatory Flexibility Act, 5 U.S.C. 601 

et seq., that requires preparation of an 

initial regulatory flexibility analysis for 

any rule that by law must be proposed 

for public comment and that is likely to 

have significant economic impact on a 

substantial number of small entities. 

Neither 5 U.S.C. 553 nor 41 U.S.C. 418b 

requires that today’s interim final rule 

be proposed for public comment. 

Accordingly, no regulatory flexibility 

analysis has been prepared for this 

rulemaking. 

D. Review Under Paperwork Reduction 

Act 

Section 970.5217–1(g) of this rule will 

require contractors performing work for 

others to submit an annual report 

concerning such work. That reporting 

requirement is subject to review and 

approval of the OMB pursuant to the 

Paperwork Reduction Act, 44 U.S.C. 

3105 et seq. As provided in OMB’s 

regulations implementing the Act, DOE 

published a separate notice in the 

Federal Register, on February 27, 2004, 

69 FR 6910, inviting public comment on 

the collection of information, after 

which it would submit the collection of 

information to OMB for approval 

pursuant to 5 CFR 1320.10. The public 

comment period for that notice closed 

April 27, 2004, and no comments were 

received. OMB granted approval for this 

information collection and assigned it a 

clearance number of 1910–5125. 

E. Review Under the National 

Environmental Policy Act 

Pursuant to the Council on 

Environmental Quality Regulations (40 

CFR Parts 1500–1508), DOE has 

established regulations for its 

compliance with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321 et seq.). Pursuant to 

Appendix A of Subpart D of 10 CFR Part 

1021, DOE has determined that today’s 

regulatory action is strictly procedural 

(Categorical Exclusion A–6). 

Accordingly, neither an environmental 

impact statement nor an environmental 

assessment is required. 

F. Review Under Executive Order 13132 

Executive Order 13132 (64 FR 43255, 

August 4, 1999) imposes certain 

requirements on agencies formulating 

and implementing policies or 

regulations that preempt State law or 

that have federalism implications. 

Agencies are required to examine the 

constitutional and statutory authority 

supporting any action that would limit 

the policymaking discretion of the 

States and carefully assess the necessity 

for such actions. DOE has examined 

today’s rule and has determined that it 

does not preempt State law and does not 

have a substantial direct effect on the 

States, on the relationship between the 

National Government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government. No further action 

is required by Executive Order 13132. 

G. Review Under the Unfunded 

Mandates Reform Act of 1995 

The Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4) requires a 

Federal agency to perform a detailed 

Federal Register / Vol. 69, No. 240 / Wednesday, December 15, 2004 / Rules and Regulations 75003

assessment of costs and benefits of any 

rule imposing a Federal Mandate with 

costs to State, local or tribal 

governments, or to the private sector, of 

$100 million or more in any single year. 

This rulemaking does not impose a 

Federal mandate on State, local or tribal 

governments or on the private sector. 

H. Review Under the Treasury and 

General Government Appropriations 

Act, 1999 

Section 654 of the Treasury and 

General Government Appropriations 

Act, 1999 (Pub. L. 105–277), requires 

Federal agencies to issue a Family 

Policymaking Assessment for any rule 

or policy that may affect family wellbeing. This rule will have no impact on 

family well being. 

I. Review Under the Small Business 

Regulatory Enforcement Fairness Act of 

1996 

As required by 5 U.S.C. 801, DOE will 

report to Congress promulgation of this 

rule prior to its effective date. The 

report will state that it has been 

determined that the rule is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(3). 

J. Review Under Executive Order 13211 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use (66 FR 28355, May 

22, 2001), requires Federal agencies to 

prepare and submit to the OIRA a 

Statement of Energy Effects for any 

significant energy action. A ‘‘significant 

energy action’’ is defined as any action 

by an agency that promulgates or is 

expected to lead to promulgation of a 

final rule, and that: (1) Is a significant 

regulatory action under Executive Order 

12866, or any successor order; and (2) 

is likely to have a significant adverse 

effect on the supply, distribution, or use 

of energy, or (3) is designated by the 

Administrator of OIRA as a significant 

energy action. For any significant energy 

action, the agency must give a detailed 

statement of any adverse effects on 

energy supply, distribution, or use 

should the proposal be implemented, 

and of reasonable alternatives to the 

action and their expected benefits on 

energy supply, distribution, and use. 

Today’s rule is not a significant 

energy action. Accordingly, DOE has not 

prepared a Statement of Energy Effects.

K. Review Under the Treasury and 

General Government Appropriations 

Act, 2001 

The Treasury and General 

Government Appropriations Act, 2001, 

44 U.S.C. 3516, note, provides for 

agencies to review most disseminations 

of information to the public under 

implementing guidelines established by 

each agency pursuant to general 

guidelines issued by OMB. OMB’s 

guidelines were published at 67 FR 

8452 (February 22, 2002), and DOE’s 

guidelines were published at 67 FR 

62446 (October 7, 2002). DOE has 

reviewed today’s notice under the OMB 

and DOE guidelines and has concluded 

that it is consistent with applicable 

policies in those guidelines. 

L. Approval by the Office of the 

Secretary of Energy 

The Office of the Secretary of Energy 

has approved issuance of this interim 

final rule.

List of Subjects in 48 CFR Parts 909 and 

970 

Government procurement.

Issued in Washington, DC, on December 8, 

2004. 

Richard H. Hopf, 

Director, Office of Procurement and 

Assistance Management, Office of 

Management, Budget and Evaluation/Chief 

Financial Officer, Department of Energy. 

Robert C. Braden, Jr., 

Director, Office of Acquisition and Supply 

Management, National Nuclear Security 

Administration.

■ For the reasons set forth in the 

preamble, Chapter 9 of Title 48 of the 

Code of Federal Regulations is amended 

as set forth below:

PART 909—CONTRACTOR 

QUALIFICATIONS

■ 1. The authority citation for part 909 

continues to read as follows:

Authority: 42 U.S.C. 7101 et seq.; 41 U.S.C. 

418b; 50 U.S.C. 2401 et seq.

■ 2. Section 909.403 is revised to read as 

follows:

909.403 Definitions. 

In addition to the definitions set forth 

at FAR 9.403, the following definitions 

apply to this subpart: 

Debarring Official. The Debarring 

Official for DOE contracts is the 

Director, Office of Procurement and 

Assistance Management, DOE, or 

designee. The Debarring Official for 

NNSA contracts is the Director, Office of 

Acquisition and Supply Management, 

NNSA, or designee. 

Suspending Official. The Suspending 

Official for DOE contracts is the 

Director, Office of Procurement and 

Assistance Management, DOE, or 

designee. The Suspending Official for 

NNSA contracts is the Director, Office of 

Acquisition and Supply Management, 

NNSA, or designee.

PART 970—DOE MANAGEMENT AND 

OPERATING CONTRACTS

■ 3. The authority citation for part 970 

continues to read as follows:

Authority: 42 U.S.C. 2201, 2282a, 2282b, 

2282c; 42 U.S.C. 7101 et seq.; 41 U.S.C. 418b; 

50 U.S.C. 2401 et seq.

■ 4. Subpart 970.17 is amended by 

adding sections 970.1707 through 

970.1707–4 to read as follows:

Subpart 970.17—Special Contracting 

Methods

970.1707 Work for others.

970.1707–1 Scope. 

Pursuant to Section 33 of the Atomic 

Energy Act of 1954, as amended (42 

U.S.C. 2053), DOE is authorized to make 

its facilities available to other Federal 

and non-Federal entities (sponsors) for 

the conduct of certain research and 

development and training activities. 

Pursuant to the Economy Act of 1932, 

as amended (31 U.S.C. 1535), or other 

applicable authority, other Federal 

entities may request DOE to conduct 

work. DOE has implemented these and 

other statutory authorities and 

requirements in its Work for Others 

Program. DOE’s internal procedures 

governing the Work for Others Program 

are described in DOE Order 481.1C, 

WORK FOR OTHERS (NONDEPARTMENT OF ENERGY FUNDED 

WORK).

970.1707–2 Purpose. 

The purpose of DOE’s Work for 

Others Program is to: 

(a) Provide access for non-DOE 

entities to highly specialized or unique 

DOE facilities, services, or technical 

expertise, when private facilities are 

inadequate; 

(b) Increase research and development 

interactions among DOE’s management 

and operating contractors and industry 

in order to transfer DOE technologies to 

industry for further development or 

commercialization; 

(c) Maintain facility core 

competencies; 

(d) Enhance the science and 

technology capabilities at DOE facilities; 

and, 

(e) Provide assistance to other Federal 

agencies and non-Federal entities in 

accomplishing goals that may otherwise 

be unattainable and to avoid the 

possible duplication of effort at Federal 

facilities.

970.1707–3 Terms governing work for 

others. 

(a) DOE’s internal review and 

approval procedural requirements for 

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