Federal Register / Vol. 65, No. 95 / Tuesday, May 16, 2000 / Rules and Regulations 31103

(ii) The contracting officer must

obtain approval from the Director of the

Headquarters Office of Procurement

Contract Management Division (Code

HK) to use performance-based payments

in competitive negotiated solicitations

under $50M. The request for approval

must include an assessment of the

practicality of using performance-based

payments, as well as the proposed

performance-based payments evaluation

approach (see 1832.1004(e)(1)(ii)).

8. Revise section 1832.1004 to read as

follows:

1832.1004 Procedures.

(a) See 1815.201(c)(6)(E) for

establishing performance bases and

payment terms in competitive

negotiated acquisitions.

(e)(1)(ii) Use of the price adjustment

evaluation technique may require

obtaining and analyzing proposal

information that is normally not

required in NASA firm-fixed-price

competitions (see 1815.403–3). When

using performance-based payments in

competitive negotiated acquisitions

under $50 million, contracting officers

should consider the use of alternative

evaluation methods, e.g., qualitative

evaluation under Mission Suitability or

another appropriate factor.

9. In section 1832.1005, add

paragraph (b)(2) to read as follows:

1832.1005 Contract clauses.

* * * * *

(b)(2) Contracting officers shall not

use Alternate I in competitive

negotiated acquisitions under $50

million, unless approval has been

obtained to use performance-based

payments (see 1832.1001(a)(ii)).

1832.1006 [Removed]

10. Remove section 1832.1006.

PART 1845—GOVERNMENT

PROPERTY

11. In section 1845.405–70, revise

paragraphs (b) and (c)(9) to read as

follows:

1845.405–70 NASA procedures.

* * * * *

(b) The prior written approval of the

Associate Administrator for

Procurement (Code H) is required for

the use of Government production and

research property on work for foreign

countries or for international

organizations. The Logistics

Management Office of the Headquarters

Office of Management Systems (Code

JG), the Office of General Counsel (Code

G), and the Headquarters Office of

External Relations (Code I) are required

concurrences.

(c) * * *

(9) Any evidence of endorsement by

another agency of the U.S. Government

based on national security or foreign

policy of the United States (e.g., an

approved license or agreement from the

Department of State or Department of

Commerce).

* * * * *

[FR Doc. 00–12141 Filed 5–15–00; 8:45 am]

BILLING CODE 7510–01–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 00424110–0110–01; I.D.

040600A]

RIN 0648–AO01

Fisheries of the Exclusive Economic

Zone Off Alaska; License Limitation

Program

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule.

SUMMARY: NMFS issues a final rule to

amend the regulations implementing the

License Limitation Program (LLP) to

include provisions inadvertently

omitted that would have made area

endorsements and area/species

endorsements specified on a license

non-severable from the license and that

would have made a groundfish license

and a crab species license issued based

on the legal landings of the same vessel

and initially issued to the same

qualified person non-severable from

each other. Thus, the endorsements in

the first case must be transferred with

the license and in the second case both

licenses must be transferred together.

This regulatory amendment is necessary

to include in the regulations nonseverability provisions proposed by the

North Pacific Fishery Management

Council (Council) and NMFS in the

original proposed rule to implement the

LLP. This action is necessary to promote

the objectives of the Federal fishery

management plans for the affected

fisheries by further preventing increased

harvesting capacity.

DATES: Effective May 11, 2000.

FOR FURTHER INFORMATION CONTACT:

James Hale, 907–586–7228.

SUPPLEMENTARY INFORMATION: NMFS

manages the U.S. groundfish fisheries of

the exclusive economic zone off Alaska

pursuant to the Fishery Management

Plan (FMP) for Groundfish of the Gulf

of Alaska and the FMP for the

Groundfish Fishery of the Bering Sea

and Aleutian Islands Area. The

commercial king crab and Tanner crab

fisheries in the Bering Sea and Aleutian

Islands Area are managed by the State

of Alaska with Federal oversight,

pursuant to the FMP for those fisheries.

The Council prepared the FMPs

pursuant to the Magnuson-Stevens

Fishery Conservation and Management

Act (Magnuson-Stevens Act), 16 U.S.C.

1801, et seq. Federal regulations

implementing the FMPs appear at 50

CFR part 679. General regulations at 50

CFR part 600 also apply.

The proposed rule to implement

Amendment 39 to the FMP for the

Groundfish Fishery of the Bering Sea

and Aleutian Islands Area, Amendment

41 to the FMP for Groundfish of the Gulf

of Alaska, and Amendment 5 to the

FMP for the Commercial King and

Tanner Crab Fisheries in the Bering Sea/

Aleutian Islands (62 FR 43866, August

15, 1997) contained provisions which

would have made (1) area endorsements

or area/species endorsements specified

on a license non-severable from the

license and (2) a groundfish license and

a crab license issued based on the legal

landings of the same vessel and initially

issued to the same qualified person nonseverable. No comments were received

on these provisions. These provisions

were intended to prevent increased

capacity in the groundfish and crab

fisheries managed under the FMPs.

In the final rule implementing the

LLP, the application provisions

(§ 679.4(i)(6)) and the transfer

provisions (§ 679.4(i)(7)), including the

non-severability provisions, were

removed and the appropriate paragraphs

reserved to allow for further refinement

of the application and transfer processes

(63 FR 52642, October 1, 1998). The

final rule gave notice that a proposed

rulemaking regarding those processes

was under development.

Subsequently, NMFS initiated a

proposed rulemaking to implement the

application and transfer provisions (64

FR 19113, April 19, 1999). On August 6,

1999, NMFS issued a final rule

implementing the application and

transfer processes (64 FR 42826). While

NMFS intended that the regulatory text

include the non-severability provisions,

that language was inadvertently

omitted.

This final rule amends the LLP

regulations by restoring the omitted

non-severability provisions without

change from those published in the

original proposed rule (62 FR 43866,

August 15, 1997) and approved by

31104 Federal Register / Vol. 65, No. 95 / Tuesday, May 16, 2000 / Rules and Regulations

NMFS with the approval of

Amendments 39, 41, and 5.

Classification

Pursuant to 5 U.S.C. 553(b)(B), a rule

may be issued without prior notice and

opportunity for public comment if

providing such notice and comment

period would be impractical,

unnecessary, or contrary to the public

interest. Additionally, a rule may be

made effective prior to 30 days after its

issuance if good cause is found and

provided by the agency in the

rule,pursuant to 5 U.S.C. 553(d)(3). This

final rule implements the original intent

of the Council and NMFS concerning

severability of LLP licenses. The public

was provided with prior notice and an

opportunity to comment on these and

other proposed regulations

implementing the LLP by the proposed

rule published at 62 FR 43866 (August

15, 1997). A delay in implementation of

this action would unnecessarily

encumber persons conducting business

under the LLP transfer provisions. For

these reasons, the Assistant

Administrator, NMFS, finds good cause

to make this rule effective immediately

upon filing for public inspection with

the Office of the Federal Register.

In connection with the proposed rule

published at 62 FR 43866 (August 15,

1997), to implement the LLP, the

Assistant General Counsel for

Legislation and Regulation, Department

of Commerce, certified to the Chief

Counsel for Advocacy of the Small

Business Administration that the

regulations implementing the LLP

would not have a significant adverse

economic impact on a substantial

number of small entities. The

regulations implemented by this action

consist of the transfer provisions in that

proposed rule and accordingly are

covered by that certification.

This rule has been determined to be

not significant for purposes of E.O.

12866.

List of Subjects in 50 CFR Part 679

Alaska, Fisheries, Reporting and

recordkeeping requirements.

Dated: May 10, 2000.

Penelope D. Dalton,

Assistant Administrator for Fisheries,

National Marine Fisheries Service.

For reasons set out in the preamble,

50 CFR part 679 is amended to read as

follows:

PART 679—FISHERIES OF THE

EXCLUSIVE ECONOMIC ZONE OFF

ALASKA

1. The authority citation for part 679

continues to read as follows:

Authority: 16 U.S.C. 773 et seq., 1801 et

seq., and 3631 et seq.

2. In § 679.4, paragraph (k)(7)(viii) is

added to read as follows:

§ 679.4 Permits.

* * * * *

(k) * * *

(7) * * *

(viii) Severability of licenses. (A) Area

endorsements or area/species

endorsements specified on a license are

not severable from the license and must

be transferred together.

(B) A groundfish license and a crab

species license issued based on the legal

landings of the same vessel and initially

issued to the same qualified person are

not severable and must be transferred

together.

* * * * *

[FR Doc. 00–12276 Filed 5–11–00; 3:16 pm]

BILLING CODE 3510–22–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 000211039–0039–01; I.D.

050800A]

Fisheries of the Exclusive Economic

Zone Off Alaska; Groundfish Fisheries

by Vessels Using Hook-and-Line Gear

in the Gulf of Alaska

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Closure.

SUMMARY: NMFS is prohibiting directed

fishing for groundfish by vessels using

hook-and-line gear in the Gulf of Alaska

(GOA), except for sablefish or demersal

shelf rockfish. This action is necessary

because the second seasonal halibut

bycatch mortality allowance

apportioned to hook-and-line gear

targeting groundfish other than sablefish

or demersal shelf rockfish in the GOA

has been caught.

DATES: Effective 1200 hrs, Alaska local

time (A.l.t.), May 18, 2000, until 1200

hrs, A.l.t., September 1, 2000.

FOR FURTHER INFORMATION CONTACT:

Mary Furuness, 907–586–7228.

SUPPLEMENTARY INFORMATION: NMFS

manages the groundfish fishery in the

GOA exclusive economic zone

according to the Fishery Management

Plan for Groundfish of the Gulf of

Alaska (FMP) prepared by the North

Pacific Fishery Management Council

under authority of the MagnusonStevens 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 Final 2000 Harvest Specifications

of Groundfish for the GOA (65 FR 8298,

February 18, 2000) established the

Pacific halibut bycatch mortality

allowance for groundfish included in

the other hook-and-line fishery, which

is defined at § 679.21(d)(4)(iii)(C), for

the second season, the period May 18,

2000, through August 31, 2000, as 15

metric tons. The other hook-and-line

fishery includes all groundfish, except

sablefish or demersal shelf rockfish.

In accordance with § 679.21(d)(7)(ii),

the Administrator, Alaska Region,

NMFS (Regional Administrator), has

determined that the second seasonal

apportionment of the 2000 Pacific

halibut bycatch mortality allowance

specified for the hook-and-line

groundfish fisheries other than sablefish

or demersal shelf rockfish in the GOA

has been caught. Consequently, NMFS

is prohibiting directed fishing for

groundfish other than sablefish or

demersal shelf rockfish by vessels using

hook-and-line gear in the GOA.

Maximum retainable bycatch amounts

may be found in the regulations at

§ 679.20(e) and (f).

Classification

This action responds to the best

available information recently obtained

from the fishery. It must be

implemented immediately in order to

prevent overharvesting the second

seasonal apportionment of the 2000

Pacific halibut bycatch mortality

allowance specified for the groundfish

fisheries other than sablefish or

demersal shelf rockfish by vessels using

hook-and-line gear in the GOA. A delay

in the effective date is impracticable and

contrary to the public interest. The

second seasonal bycatch mortality

allowance of Pacific halibut apportioned

to hook-and-line gear targeting

groundfish other than sablefish or

demersal shelf rockfish in the GOA has

been caught. NMFS finds for good cause

that the implementation of this action

can not be delayed for 30 days.

Accordingly, under 5 U.S.C. 553(d), a

delay in the effective date is hereby

waived.

This action is required by § 679.21

and is exempt from review under E.O.

12866.

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