Federal Register / Vol. 71, No. 157 / Tuesday, August 15, 2006 / Notices 46893 

Although non-emergency issues not 

contained in this agenda may come 

before the Council for discussion, those 

issues may not be the subject of formal 

Council action during its 134th meeting. 

Council action will be restricted to those 

issues listed in this document and any 

issue arising after publication of this 

document that requires emergency 

action under section 305(c) of the 

Magnuson-Stevens Act, provided the 

public has been notified of the Council’s 

intent to take final action to address the 

emergency. 

Special Accommodations 

This meeting is physically accessible 

to people with disabilities. Requests for 

sign language interpretation or other 

auxiliary aids should be directed to 

Kitty M. Simonds, (808) 522–8220 

(voice) or (808) 522–8226 (fax), at least 

5 days prior to the meeting date. 

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

Dated: August 9, 2006. 

Tracey L. Thompson, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E6–13307 Filed 8–14–06; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

Notice of Availability of Final 

Contracting Policy 

AGENCY: National Ocean Service (NOS), 

National Oceanic and Atmospheric 

Administration (NOAA), Department of 

Commerce (DOC). 

ACTION: Notice of Availability of Final 

Revised Contracting Policy. 

SUMMARY: The NOAA National Ocean 

Service (NOS) is publishing its updated 

contracting policy for hydrographic 

services per NOAA’s 2005 plans to 

review and update the subject policy. 

DATES: No comments are solicited 

through this notice. 

ADDRESSES: Ashley Chappell, Office of 

Coast Survey, National Ocean Service, 

NOAA (N/CS), 1315 East West Highway, 

Station 6113, Silver Spring, MD 20910. 

FOR FURTHER INFORMATION CONTACT: 

Ashley Chappell, Office of Coast 

Survey, National Ocean Service, NOAA 

(N/CS), 1315 East West Highway, 

Station 6113, Silver Spring, Maryland 

20910; Telephone: 301–713–2770 ext. 

148; fax (301) 713–4019, Attention: 

Ashley Chappell; E-mail 

ashley.chappell@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

contracting policy for hydrographic 

services within the National Oceanic 

and Atmospheric Administration 

(NOAA), National Ocean Service (NOS) 

is final. 

Background 

In House Report 108–576, which 

accompanied the FY 2005 Consolidated 

Appropriations Act, Congress 

recommended that NOAA’s National 

Ocean Service ‘‘work with the private 

mapping community to develop a 

strategy for expanding contracting with 

private entities to minimize duplication 

and take maximum advantage of private 

sector capability in fulfillment of 

NOAA’s mapping and charting 

responsibilities.’’

NOAA first consulted with 

congressional staff to clarify the scope of 

the request. Subsequently, on June 13, 

2005, NOAA submitted a report to 

Congress outlining its intent to utilize 

its advisory group, the Hydrographic 

Services Review Panel (the Panel), as 

the primary vehicle for reevalting its 

existing mapping and charting 

contracting policy established in 1996. 

The report stated that the scope of 

NOAA’s efforts would be limited to 

hydrographic services programs funded 

under the ‘‘Mapping and Charting’’

section of the NOAA budget. NOAA 

then issued a Federal Register notice 

publishing and soliciting comments on 

its 1996 policy. The majority of 

comments were from private sector 

mapping firms and in general were 

supportive of NOAA’s existing policy. 

Upon review of the public comments 

and in consultation with the Panel, 

NOAA concluded that a moderate 

revision of its existing policy was the 

appropriate approach. On April 7, 2006, 

NOAA issued a second Federal Register 

notice publishing and soliciting 

comments on its draft revised policy. 

Two comments were received. One was 

generally supportive and the second 

detailed several concerns. 

Two concerns were that NOAA’s 

efforts (1) did not respond to the 

congressional request and (2) that the 

revised policy mistakenly focused solely 

on NOAA’s hydrographic services. As 

noted, personnel met with congressional 

staff and then provided Congress a 

report outlining the scope of NOAA’s 

intended efforts. That strategy included 

utilizing the Panel as the primary 

mechanism for engaging the public, 

including the private mapping 

community, in reexamining the 

contracting policy. In terms of the 

scope, the congressional language 

requesting NOAA to undertake this 

effort appeared in the ‘‘Mapping and 

Charting’’ section of the annual 

appropriations report that addresses 

only NOAA’s hydrographic services. 

The second comment disagreed with 

the draft policy’s conclusion that 

acquisition of geospatial data is a core 

agency mission and that the agency 

should maintain a core capability. Upon 

review, NOAA concludes its legal 

authorities provide language indicating 

acquisition of data is a core agency 

mission and that the agency should 

maintain an adequate operational 

capability. For example, the 

Hydrographic Services Improvement 

Act says that the NOAA administrator 

‘‘shall acquire and disseminate 

hydrographic data.’’ (33 U.S.C. 

892a(a)(1)). The Act authorizes NOAA 

to procure vessels, equipment and 

technologies in order to ‘‘maintain 

operational expertise in hydrographic 

data acquisition and hydrographic 

services.’’ (33 U.S.C. 892a(b)(1)). 

NOAA Hydrographic Services 

Contracting Policy 

NOAA recognizes that qualified 

commercial sources can provide 

competent, professional, cost-effective 

hydrographic services to NOAA in 

support of its mapping and charting 

mission for enhancing navigation safety. 

NOAA also recognizes that the 

provision of hydrographic services, 

including the acquisition and 

dissemination of hydrographic and 

shoreline data, is a core mission 

requirement of NOAA under the 1947 

Coast and Geodetic Survey Act and the 

Hydrographic Services Improvement 

Act of 1998 (as amended). In the interest 

of public and environmental safety, the 

Federal government’s responsibility for 

executing its hydrographic services 

missions is manifest and non-delegable. 

Therefore, it is incumbent upon NOAA, 

as recommended by the Hydrographic 

Services Review Panel (the Panel), to 

maintain its operational hydrographic 

services core capability, and contract for 

the remainder of its hydrographic 

services to the extent of available 

funding. 

In general, it is the intent of NOAA to 

contract for hydrographic services when 

qualified commercial sources exist, and 

when such contracts are the most cost 

effective method of conducting these 

functions. This policy documents the 

framework and conditions under which 

contracting will be employed to ensure 

an open and consistent approach. To 

support this policy, NOAA will 

maintain a dialogue with private sector 

organizations and constituent groups. 

For the purposes of this policy, the term 

‘‘hydrographic services’’ is defined to 

include: Geodesy, hydrography, 

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46894 Federal Register / Vol. 71, No. 157 / Tuesday, August 15, 2006 / Notices 

photogrammetry, topography, remote 

sensing, geophysical (gravity, 

seismological, geomagnetic) 

measurements, tide and current 

observations, and data processing. 

Although this policy is limited to 

NOAA’s hydrographic services, it is 

NOAA’s intent to advance contracting 

and adhere to the principles of this 

policy to meet all of its geospatial, 

surveying and mapping requirements. 

NOAA will procure hydrographic 

data and services from qualified sources 

in accordance with its legal authorities, 

the Federal Acquisition Regulations 

(FAR) and the Federal Property and 

Administrative Services Act of 1949 (40 

U.S.C. 541 et seq.), including Title IX 

where appropriate. Commonly known 

as the ‘‘Brooks Act’’ for Architect/ 

Engineering (A/E) contracts, Title IX is 

a contract mechanism for use in 

situations where the professional nature 

of the services to be procured requires 

that potential contractors have 

specialized technical expertise. 

NOAA may determine that a 

particular surveying or mapping activity 

is inherently governmental. NOAA 

surveying and mapping activities 

considered inherently governmental in 

nature may include services necessary 

to: (1) Monitor the quality of NOAA 

products; (2) promulgate and promote 

national and international technical 

standards and specifications; (3) 

conduct basic research and 

development and ensure the rapid 

transfer to the private sector of the 

derived technology; (4) maintain the 

Federal geodetic and navigational 

databases necessary to support safe and 

efficient marine operations; (5) support 

coastal stewardship ecosystem 

applications; and (6) support Maritime 

Domain Awareness and Homeland 

Security preparation and response 

activities. To carry out the above 

activities, and to adequately monitor 

contracted services, NOAA will 

maintain a core capability of field and 

office expertise. 

NOAA may task qualified commercial 

sources with surveying and mapping 

services in any part of the U.S. 

Exclusive Economic Zone for any 

NOAA mission-related purpose, 

irrespective of pre-defined priority 

categories such as those documented in 

the NOAA Hydrographic Surveying 

Priorities. The government’s interests 

and responsibilities for surveying and 

mapping vary broadly, and experience 

has shown that maintaining flexibility is 

key to responding to the nation’s 

changing needs for updated surveying 

and mapping data. 

Ancillary Statements and Actions 

As recommended by the Panel, NOAA 

will continue to utilize a mix of inhouse and private-sector resources to 

accomplish its hydrographic services 

missions. Costs and productivity will be 

closely monitored within each category 

(i.e., public and private) to ensure best 

use of hydrographic services resources. 

NOAA will also seek to determine the 

optimal resource allocation between inhouse and private-sector resources 

based on the strength of the 

governmental interest, the total 

requirement for mapping and charting 

services, and the particular operational 

capabilities of either government or 

private-sector resources that may make 

one more suitable. 

NOAA will continue to examine ways 

to improve its contracting process, such 

as methods for minimizing the turnover 

frequency of contracting personnel and 

for reducing the length of time required 

to award contracts and task orders. 

NOAA will maintain its offer of 

debriefings to successful and 

unsuccessful hydrographic services 

contractors after final selection has 

taken place. The purpose of these 

debriefings is to assist contractors with 

identifying significant weaknesses or 

deficiencies in their submissions. 

NOAA is also exploring the 

establishment of an Ocean and Coastal 

Mapping Training Center. The Training 

Center was initially conceived as a 

curriculum to support NOAA’s in-house 

hydrographic surveying training 

requirements. But NOAA now 

recognizes value in broadening the 

Center’s scope to include training for 

NOAA and private sector contractors in 

techniques, standards, and technologies 

that support NOAA’s many shoreline, 

coastal and ocean mapping activities. 

This concept builds on NOAA’s annual 

Hydrographic Training and Field 

Procedures Workshops currently held 

for NOAA personnel and its 

hydrographic services contractors to 

train and trade valuable lessons learned 

from surveying experience. Such 

training would be beneficial to current 

or prospective NOAA contractors 

seeking to strengthen their proposal 

submissions. 

To view the 1996 National Ocean 

Service Contracting Policy; the Brooks 

Act, Public Law 92–582 or the 1998 and 

2002 Hydrographic Services 

Improvement Acts (which authorize 

NOAA Navigation Services programs), 

visit http://nauticalcharts.noaa.gov/ocs/ 

hsrp/archive/library.htm. 

Dated: August 9, 2006. 

Captain Steven Barnum, 

NOAA, Director, Office of Coast Survey, 

National Ocean Service, National Oceanic 

and Atmospheric Administration. 

[FR Doc. 06–6929 Filed 8–14–06; 8:45am] 

BILLING CODE 3510–JE–M 

DEPARTMENT OF COMMERCE 

Technology Administration 

Technology Administration 

Performance Review Board 

Membership 

The Technology Administration 

Performance Review Board (TA PRB) 

reviews performance appraisals, 

agreements, and recommended actions 

pertaining to employees in the Senior 

Executive Service and reviews 

performance-related pay increases for 

ST–3104 employees. The Board makes 

recommendations to the appropriate 

appointing authority concerning such 

matters so as to ensure the fair and 

equitable treatment of these individuals. 

This notice lists the membership of 

the TA PRB and supersedes the list 

published in Federal Register Vol. 70, 

No. 158, pages 48374–48375, on August 

17, 2005. 

Bruce Borzino (C), Deputy Director, 

National Technical Information 

Service, Springfield, VA 22161, 

Appointment Expires: 12/31/2008, 

General. 

Alan Cookson (C) (Alternate), Deputy 

Director, Electronics and Electrical 

Engineering Laboratory, National 

Institute of Standards and 

Technology, Gaithersburg, MD 20899, 

Appointment Expires: 12/31/07, 

Limited. 

Paul Doremus (C), Director of Strategic 

Planning, Program Planning and 

Integration, National Oceanic and 

Atmospheric Administration, Silver 

Spring, MD 20910, Appointment 

Expires: 12/31/07, Limited. 

Cita Furlani (C), Director, Information 

Technology Laboratory, National 

Institute of Standards & Technology, 

Gaithersburg, MD 20899, 

Appointment Expires: 12/31/07, 

Limited. 

Patrick Gallagher (C) (Alternate), 

Director, NIST Center for Neutron 

Research, Materials Science and 

Engineering Laboratory, National 

Institute of Standards and 

Technology, Gaithersburg, MD 20899, 

Appointment Expires: 12/31/07, 

Limited. 

Howard Harary (C), Deputy Director, 

Manufacturing Engineering 

Laboratory, National Institute of 

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