51804 Federal Register / Vol. 62, No. 192 / Friday, October 3, 1997 / Rules and Regulations

authorization in order to perform on-site

duties, such as protective force

operations.

* * * * *

7. Section 970.5204–1 is revised to

read as follows:

Subpart 970.52—Contract Clauses for

Management and Operating Contracts.

970.5204–1 Security.

(a) As prescribed in 970.0404–4(a)(1),

insert the Security clause found at

952.204–2 and the Classification/

Declassification clause found at

952.204–70.

(b) As prescribed in 970.0404–4(a)(2),

insert the following Counterintelligence

clause in contracts containing the

security and classification/

declassification clauses:

Counterintelligence (Sep 1997)

(a) The contractor shall take all reasonable

precautions in the work under this contract

to protect DOE programs, facilities,

technology, personnel, unclassified sensitive

information and classified matter from

foreign intelligence threats and activities

conducted for governmental or industrial

purposes, in accordance with DOE Order

5670.3, Counterintelligence Program;

Executive Order 12333, U.S. Intelligence

Activities; and other pertinent national and

Departmental Counterintelligence

requirements.

(b) The contractor shall appoint a qualified

employee(s) to function as the Contractor

Counterintelligence Officer. The Contractor

Counterintelligence Officer will be

responsible for conducting defensive

Counterintelligence briefings and debriefings

of employees traveling to foreign countries or

interacting with foreign nationals; providing

thoroughly documented written reports

relative to targeting, suspicious activity and

other matters of Counterintelligence interest;

immediately reporting targeting, suspicious

activity and other Counterintelligence

concerns to the DOE Headquarters

Counterintelligence Division; and providing

assistance to other elements of the U.S.

Intelligence Community as stated in the

aforementioned Executive Order, the DOE

Counterintelligence Order, and other

pertinent national and Departmental

Counterintelligence requirements.

[FR Doc. 97–26280 Filed 10–2–97; 8:45 am]

BILLING CODE 6450–01–P

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Parts 1 and 10

[OST Docket No. 1; Amdt. 1–290]

Organization and Delegation of Powers

and Duties to the Chief Information

Officer; Miscellaneous Changes, Office

of the Secretary

AGENCY: Office of the Secretary, DOT.

ACTION: Final rule.

SUMMARY: The rule delegates certain

functions to the Office of the Chief

Information Officer.

EFFECTIVE DATE: October 3, 1997.

FOR FURTHER INFORMATION CONTACT: Ms.

Crystal M. Bush, Program Analyst,

Office of the Chief Information Officer,

S–80, Room 7107–T, 400 Seventh Street,

S.W., Washington, DC 20590, (202) 366–

9713, or Ms. Gwyneth Radloff, Attorney

Advisor, Assistant General Counsel for

Regulation and Enforcement, C–50,

Room 10424, 400 Seventh Street, S.W.,

Washington, DC 20590, (202) 366–9305.

SUPPLEMENTARY INFORMATION: On April

23, 1997, the Secretary of

Transportation established the Office of

the Chief Information Officer. These

amendments to 49 CFR Parts 1 and 10

delegates the Secretary’s authority

related to specific statutes to the Office

of the Chief Information Officer.

List of Subjects

49 CFR Part 1

Authority delegations (Government

agencies), Organization and functions

(Government agencies).

49 CFR Part 10

Privacy.

In accordance with the above, DOT

amends 49 CFR, as follows:

PART 1—[AMENDED]

1. The authority citation for Part 1

continues to read as follows:

Authority: 49 U.S.C. 322; Public Law 101–

552, 28 U.S.C. 2672, 31 U.S.C. 3711(a)(2).

2. Section 1.22(a) is revised to read as

follows:

§ 1.22 Structure.

(a) Secretary and Deputy Secretary.

The Secretary and Deputy Secretary are

assisted by the following, all of which

report directly to the Secretary: The

Associate Deputy Secretary and

Director, Office of Intermodalism; the

Executive Secretariat; the Board of

Contract Appeals; the Departmental

Office of Civil Rights; the Office of

Small and Disadvantaged Business

Utilization; the Office of Intelligence

and Security; the Office of Public

Affairs; and the Office of the Chief

Information Officer. The Assistant

Secretaries, the General Counsel, and

the Inspector General also report

directly to the Secretary.

* * * * *

3. Section 1.23 is amended by adding

a new paragraph (q) as follows:

§ 1.23 Spheres of primary responsibility.

* * * * *

(q) Office of the Chief Information

Officer. Serves as principal advisor to

the Secretary on matters involving

information resources and information

systems management.

4. Subpart C—Delegations is amended

by adding a new § 1.72 as follows:

§ 1.72 Delegations to the Office of the

Chief Information Officer.

(a) Carry out all functions and

responsibilities assigned to the

Secretary with respect to the Paperwork

Reduction Act of 1995 (44 U.S.C. 3506);

(b) Carry out all functions and

responsibilities assigned to the

Secretary with respect to the ClingerCohen Act of 1996 (40 U.S.C. 1422 to

1424, 1427);

(c) Carry out all functions and

responsibilities assigned to the

Secretary with respect to the Computer

Security Act of 1987 (40 U.S.C. 759, 759

notes);

(d) Approve waivers to Federal

Information Processing Standards (FIPS)

under Section 5131 of the ClingerCohen Act of 1996 (40 U.S.C. 1441); and

(e) Carry out all the functions and

responsibilities assigned to the

Secretary with respect to Executive

Order 13011, Federal Information

Technology, Section 2, paragraphs (a),

(b), (d), (e), and (f).

PART 10—[AMENDED]

5. The authority citation for Part 10

continues to read as follows:

Authority: 5 U.S.C. 552a; 49 U.S.C. 322.

6. Section 10.13 is amended by

revising paragraphs (a) and (b) to read

as follows:

§ 10.13 Privacy Act Officer.

(a) To assist with implementation,

evaluation, and administration issues,

the Chief Information Officer appoints a

principal coordinating official with the

title Privacy Act Officer, and one

Privacy Act Coordinator from his/her

staff.

(b) Inquiries concerning Privacy Act

matters, or requests for assistance, may

be addressed to the Privacy Act Officer
Federal Register / Vol. 62, No. 192 / Friday, October 3, 1997 / Rules and Regulations 51805

(S–80), Department of Transportation,

400 Seventh Street, S.W., Washington,

DC 20590.

* * * * *

Dated: July 30, 1997.

Rodney E. Slater,

Secretary of Transportation.

[FR Doc. 97–26198 Filed 10–2–97; 8:45 am]

BILLING CODE 4910–62–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 229

[Docket No. 970129015–7220–05; I.D.

010397A]

RIN 0648–AI84

Taking of Marine Mammals Incidental

to Commercial Fishing Operations;

Pacific Offshore Cetacean Take

Reduction Plan Regulations

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule.

SUMMARY: NMFS issues a final rule to

require new training, equipment, and

gear modifications for operators and

vessels in the California/Oregon drift

gillnet fishery for thresher shark and

swordfish to reduce the level of

mortality and serious injury of several

marine mammal stocks that occur

incidental to fishing operations.

DATES: Effective October 30, 1997.

ADDRESSES: Copies of the final Pacific

Offshore Cetacean Take Reduction Plan

and final Environmental Assessment

(EA) prepared for the final rule may be

obtained by writing to Irma

Lagomarsino, Southwest Region, NMFS,

501 W. Ocean Blvd., Suite 4200, Long

Beach, CA 90802–4213; or Victoria

Cornish, Office of Protected Resources,

NMFS, 1315 East-West Highway, Silver

Spring, MD 20910–3226.

FOR FURTHER INFORMATION CONTACT: Irma

Lagomarsino, NMFS, 562–980–4016; or

Victoria Cornish, NMFS, 301–713–2322.

SUPPLEMENTARY INFORMATION: The

California/Oregon drift gillnet (CA/OR

DGN) fishery which targets thresher

shark and swordfish, is classified as a

Category I fishery under section 118 of

the Marine Mammal Protection Act

(MMPA; 16 U.S.C. 1361 et seq.). A

Category I fishery is a fishery that has

frequent incidental mortality and

serious injury of marine mammals. The

majority of the fishing effort in the CA/

OR DGN fishery occurs within 200

miles (320 km) offshore of California

and Oregon. Under California state law,

from May 1 through August 14, drift

gillnets may not be used to take

swordfish or thresher shark in ocean

waters within 75 nautical miles of the

California mainland coastline

(California Fish and Game Code,

§ 8576). Swordfish may be taken within

75 nautical miles of the California

mainland from August 15 to January 31;

additional area restrictions also apply

within this area. From February through

April, drift gillnets may not be used.

The CA/OR DGN fishery has a

historical incidental bycatch of several

strategic marine mammal stocks

including: Several beaked whale

species, short-finned pilot whales,

pygmy sperm whales, sperm whales,

and humpback whales (Barlow et al.,

1995). A strategic stock is a stock: (1)

For which the level of direct humancaused mortality exceeds the potential

biological removal (PBR) level; (2) that

is declining and is likely to be listed

under the Endangered Species Act

(ESA) in the foreseeable future; or (3)

that is listed as a threatened or

endangered species under the ESA.

Section 118 of the MMPA requires

NMFS to develop and implement a take

reduction plan to assist in the recovery

or to prevent the depletion of each

strategic stock that interacts with a

Category I or II fishery. The immediate

goal of a take reduction plan is to

reduce, within 6 months of its

implementation, the level of mortality

and serious injury of strategic stocks

incidentally taken in the course of

commercial fishing operations to less

than the PBR levels established for such

stocks. Since the CA/OR DGN fishery is

a Category I fishery that interacts with

several strategic stocks, NMFS

established the Pacific Offshore

Cetacean Take Reduction Team (PCTRT)

on February 12, 1996 (61 FR 5385), to

prepare a draft take reduction plan. The

PCTRT includes representatives of

NMFS, the California Department of

Fish and Game (CDFG), the Pacific

States Marine Fisheries Commission,

environmental organizations, academic

and scientific organizations, and

participants in the CA/OR DGN fishery.

In selecting these team members, NMFS

sought an equitable balance among

representatives of resource user and

non-user interests.

The PCTRT was tasked with

developing a consensus plan for

reducing the level of mortality and

serious injury of strategic marine

mammal stocks incidental to the CA/OR

DGN fishery. The PCTRT met five times

between February and June 1996 and

submitted a consensus draft plan to

NMFS on August 15, 1996 (draft PCTRP,

1996). The draft PCTRP included: (1) A

review of the current information on the

status of the affected strategic marine

mammal stocks; (2) a description of the

CA/OR DGN fishery; (3) an analysis of

data from NMFS’ CA/OR DGN fishery

observer program from 1990–1995; (4)

primary strategies to reduce takes of

strategic marine mammal stocks; (5)

contingency measures that would

reduce fishing effort; and (6) other

recommendations regarding voluntary

measures to reduce takes, measures to

enhance the effectiveness of the

observer program, research on

oceanographic/environmental variables,

and other potential strategies considered

and rejected by the team. The PCTRT

recommended that three of the four

primary strategies of the draft PCTRP

(1996) be administered on a mandatory

basis (strategies #1, #2, and #4) and that

one be administered on a voluntary

basis (strategy #3). NMFS reconvened

the PCTRT in May 1997 and it provided

NMFS with additional comments and

recommendations on the proposed

PCTRP and proposed rule to implement

the plan (see PCTRT Recommendations

from the 1997 Meeting section).

Because the implementation of the

PCTRP would result in the regulation of

the state-managed CA/OR DGN fishery,

NMFS contacted both CDFG and the

Oregon Department of Fish and Wildlife

(ODFW) on how best to proceed with

the Plan’s implementation. CDFG and

ODFW both deferred to the Federal

government to issue regulations under

the authority of the MMPA to

implement the PCTRP. On February 14,

1997, NMFS proposed regulations under

the MMPA (62 FR 6931) to implement

three of the primary strategies

recommended by the PCTRT (draft

PCTRP, 1996). These strategies include

the establishment of a minimum depthof-fishing requirement (strategy #1), use

of acoustic deterrent devices (pingers)

(strategy #2), and mandatory skipper

workshops (strategy #4). NMFS also

proposed to implement primary strategy

#3 on a voluntary basis, under which

NMFS would encourage CDFG not to

reissue lapsed permits, encourage

ODFW to continue issuing not more

than 10 permits per year and explore the

development of a permit buyback

program for both CDFG and ODFW

permit holders. In the proposed rule,

NMFS described how it intended to

implement the other sections of the

draft PCTRP.

In addition to publication in the

Federal Register, NMFS issued a press

release announcing the availability of

the proposed rule and summarizing the