866 Federal Register / Vol. 74, No. 6 / Friday, January 9, 2009 / Rules and Regulations 

entitlement to an equitable adjustment 

warrants estimating, scheduling, or 

other effort not reasonably foreseeable at 

the time of contract award; 

(2) Proposed costs are not included in 

a firm’s time-related costs or overhead 

rate; and 

(3) Proposed costs were incurred prior 

to a Contracting Officer’s unilateral 

determination of an equitable 

adjustment under the conditions set 

forth in paragraph (o), or were incurred 

prior to the time the request for 

equitable adjustment otherwise became 

a matter in dispute. 

(l) Proposed direct costs, markups, 

and proposal preparation costs shall be 

allowable in the determination of an 

equitable adjustment only if they are 

reasonable and otherwise consistent 

with the contract cost principles and 

procedures set forth in part 31 of the 

Federal Acquisition Regulation (48 CFR 

part 31) in effect on the date of this 

contract. Characterization of costs as 

direct costs, time-related costs, or 

overhead costs must be consistent with 

the requesting firm’s accounting 

practices on other work under this 

contract and other contracts. 

(m) If the Contracting Officer 

determines that it is in the 

Government’s interest that the 

Contractor proceed with a change before 

negotiation of an equitable adjustment is 

completed, the Contracting Officer may 

order the Contractor to proceed on the 

basis of a unilateral modification to the 

contract increasing or decreasing the 

contract price by an amount to be 

determined later. Such increase or 

decrease shall not exceed the increase or 

decrease proposed by the Contractor. 

(n) If the parties cannot agree to an 

equitable adjustment, the Contracting 

Officer may determine the equitable 

adjustment unilaterally. 

(o) The Contractor shall not be 

entitled to any proposal preparation 

costs incurred subsequent to the date of 

a unilateral determination or denial of 

the request if the Contracting Officer 

issues a unilateral determination or 

denial under any of the following 

circumstances: 

(1) The Contractor fails to submit a 

proposal within the time required by 

this contract or such time as may 

reasonably be required by the 

Contracting Officer. 

(2) The Contractor fails to submit 

additional information requested by the 

Contracting Officer within the time 

reasonably required. 

(3) Agreement to an equitable 

adjustment cannot be reached within 60 

days of submission of the Contractor’s 

proposal or receipt of additional 

requested information, despite the 

Contracting Officer’s diligent efforts to 

negotiate the equitable adjustment. 

(End of clause) 

552.243–72 [Removed] 

■ 5. Remove section 552.243–72. 

[FR Doc. E9–215 Filed 1–8–09; 8:45 am] 

BILLING CODE 6820–61–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 071106673–8011–02] 

RIN 0648–XM47 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Inseason Adjustment 

to the 2009 Bering Sea Pollock Total 

Allowable Catch Amount; Correction 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Correction to a temporary rule; 

inseason adjustment; request for 

comments. 

SUMMARY: This document corrects the 

comment period and a date for a 

temporary rule that published in the 

Federal Register on January 2, 2009 (74 

FR 38). That rule adjusted the 2009 total 

allowable catch amount (TAC) for the 

Bering Sea pollock fishery to ensure the 

Bering Sea pollock TAC does not exceed 

the appropriate amount based on the 

best available scientific information for 

pollock in the Bering Sea subarea. One 

typographical error specifies that 

comments are due on the date of 

publication and another typographical 

error specifies that comments are due on 

January 13, 2008. The correct date is 

January 13, 2009. The date that data 

became available is also corrected. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), December 29, 2008, 

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

2009, unless otherwise modified or 

superceded through publication of a 

notification in the Federal Register. 

Comments must be received at the 

following address no later than 4:30 

p.m., A.l.t., January 13, 2009. 

ADDRESSES: Send comments to Sue 

Salveson, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region, NMFS, Attn: 

Ellen Sebastian. You may submit 

comments, identified by ‘‘RIN 0648– 

XM47,’’ by any one of the following 

methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal website at 

http://www.regulations.gov. 

• Mail: P. O. Box 21668, Juneau, AK 

99802. 

• Fax: (907) 586–7557. 

• Hand delivery to the Federal 

Building: 709 West 9th Street, Room 

420A, Juneau, AK. 

All comments received are a part of 

the public record and will generally be 

posted to http://www.regulations.gov 

without change. All Personal Identifying 

Information (e.g., name, address) 

voluntarily submitted 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 ‘‘N/A’’ in the required 

fields, if you wish to remain 

anonymous). Attachments to electronic 

comments will be accepted in Microsoft 

Word, Excel, WordPerfect, or Adobe 

portable document file (pdf) formats 

only. 

FOR FURTHER INFORMATION CONTACT: 

Mary Furuness, 907–586–7228. 

SUPPLEMENTARY INFORMATION: 

Correction 

The final rule, identified as FR Doc. 

E8–31224 that published in the Federal 

Register on January 2, 2009 (74 FR 38) 

is corrected by fixing three 

typographical errors as follows. 

1. On page 38, in the second column, 

the second paragraph under the DATES 

caption is corrected to read: 

‘‘Comments must be received at the 

following address no later than 4:30 

p.m., A.l.t., January 13, 2009.’’ 

2. On page 39, column 2, in the last 

line the date ‘‘December 19, 2007’’ is 

corrected to read ‘‘December 19, 2008’’. 

3. On page 40, in the first column, 

line 2, the date ‘‘January 13, 2008’’ is 

corrected to read ‘‘January 13, 2009’’. 

Classification 

This action corrects three 

typographical errors and does not 

otherwise change the requirements in 

the January 2, 2009 (74 FR 38) 

temporary rule. 

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 


yshivers on PROD1PC62 with RULES
Federal Register / Vol. 74, No. 6 / Friday, January 9, 2009 / Rules and Regulations 867 

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 

allow for harvests that exceed the 

appropriate allocations for pollock 

based on the best scientific information 

available. NMFS was unable to publish 

a notice providing time for public 

comment because the most recent, 

relevant data only became available as 

of December 19, 2008, and additional 

time for prior public comment would 

result in conservation concerns for the 

ESA–listed Steller sea lions. 

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 in the January 2, 

2009 (74 FR 38) rule and is not repeated 

here. 

This action is required by § 679.22 

and § 679.25 and is exempt from review 

under Executive Order 12866. 

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

Dated: January 6, 2009. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–222 Filed 1–8–09; 8:45 am] 

BILLING CODE 3510–22–S 


yshivers on PROD1PC62 with RULES