58688 Federal Register / Vol. 62, No. 210 / Thursday, October 30, 1997 / Rules and Regulations

Therefore, unless exempt from the

Economy Act for reasons other than the

general authority of the Space Act,

interagency acquisitions shall be

supported by a Determination and

Findings equivalent to that required for

Economy Act transactions (see FAR

17.503 and 1817.503). This requirement

applies to all purchases of goods or

services under contracts entered into or

administered by the Military

Departments or other agencies. The

Space Act may be cited as authority for

a transaction where appropriate, but

that does not provide relief from this

D&F requirement.

(b) The determination described in

paragraph (a) of this section is not

required for contracts awarded under

the Space Act to Government agencies

pursuant to a Broad Agency

Announcement when a review of the

acquisition records would make it

obvious that the award is nor being used

as a method of circumventing regulatory

or statutory requirements, particularly

FAR part 6, Competition Requirements

(e.g., when a significant number and

value of awards made under the BAA

are made to entities other than

Government agencies).

PART 1827—PATENTS, DATA, AND

COPYRIGHTS

1827.301 [Amended]

12. In section 1827.301, the definition

of ‘‘Reportable item’’ is amended by

inserting the phrase ‘‘in the performance

of any work under any NASA contract

or’’ after the word ‘‘made’’.

1827.303–70 [Amended]

13. In 1827.303–70(b)(6), the reference

‘‘subparagraphs (a) through (e) of this

paragraph’’ is revised to read

‘‘paragraphs (b)(1) through (5) of this

section’’.

PART 1832—CONTRACT FINANCING

1832.412 [Amended]

14. In section 1832.412, paragraph (f)

is redesignated as paragraph (f)(1), and

a new paragraph (f)(2) is added to read

as follows:

1832.412 Contract clause. (NASA

supplements paragraphs (a), (e) and (f)).

* * * * *

(f)(1) * * *

(f) Requirements for payment. * * *

(2) When FAR clause 52.232–12,

Advance Payments, is used with its

Alternate V, the contracting officer shall

modify Alternate V of the clause at FAR

52.232–12 by substituting the following

for paragraph (b). Annotate the clause

title by adding ‘‘as modified by NASA

(Oct 1997).’’

‘‘(b) Use of funds. The Contractor may use

advance payment funds only to pay for

properly allocable, allowable, and reasonable

costs for direct materials, direct labor,

indirect costs, or such other costs approved

in writing by the administering contracting

office. Payments are subject to any

restrictions in other clauses of this contract.

Determinations of whether costs are properly

allocable, allowable, and reasonable shall be

in accordance with generally accepted

accounting principles, subject to any

applicable subparts of part 31 of the Federal

Acquisition Regulation or other applicable

regulations referenced in part 31.’’

PART 1837—SERVICE CONTRACTING

1837.110–70 [Amended]

15. In section 1837.110–70, paragraph

(c) is removed.

PART 1842—CONTRACT

ADMINISTRATION

1842.803 [Amended]

16. In section 1842.803, a new

paragraph (b)(1)(D) is added to read as

follows:

1842.803 Disallowing costs after

incurrence. (NASA supplements paragraph

(b))

(b) * * *

(1) * * *

(D) Authorizing direct submission of

interim vouchers for provisional

payment to disbursing offices for

contractors with approved billing

systems.

* * * * *

PART 1845—GOVERNMENT

PROPERTY

1845.7101–3 [Amended]

17. In section 1845.7101–3, a sentence

is added to the end of paragraph (b) to

read as follows:

1845.7101–3 Computing costs of

fabricated special tooling, special test

equipment, agency-peculiar property, and

contract work in process.

(a) * * *

(b) * * * In addition, fees paid by the

Government to the contractor associated

with the fabrication of Government

property shall be included in the values

reported on NF 1018 to enable NASA to

properly reflect the total cost of property

on its financial statements.

* * * * *

1852—SOLICITATION PROVISIONS

AND CONTRACT CLAUSES

1852.216–87 [Amended]

18. Section 1852.216–87 is amended

by adding new paragraph (b)(4) and

revising the clause date to read as

follows:

1852.216–87 Submission of Vouchers for

Payment.

As prescribed in 1816.307–70(e),

insert the following clause:

SUBMISSION OF VOUCHERS FOR

PAYMENT OCTOBER 1997

* * * * *

(b) * * *

(4) For any period that the Defense

Contract Audit Agency has authorized

the Contractor to submit interim

vouchers directly to the Government

paying office, interim vouchers are not

required to be sent to the Auditor, and

are considered to be provisionally

approved for payment, subject to final

audit.

* * * * *

1852.237–72 [Removed]

19. Section 1852.237–72 is removed.

[FR Doc. 97–28636 Filed 10–29–97; 8:45 am]

BILLING CODE 7510–01–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 961126334–7025–02; I.D.

102497C]

Fisheries of the Exclusive Economic

Zone Off Alaska, Pacific Cod in the

Central Regulatory Area of the Gulf of

Alaska

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Closure.

SUMMARY: NMFS is closing directed

fishing for Pacific cod by vessels

catching Pacific cod for processing by

the inshore component in the Central

Regulatory Area of the Gulf of Alaska

(GOA). This action is necessary to

prevent exceeding the allocation of

Pacific cod total allowable catch (TAC)

for processing by the inshore

component in the Central Regulatory

Area of the GOA.

DATES: Effective 1200 hrs, Alaska local

time (A.l.t.), October 27, 1997, until

2400 hrs, A.l.t., December 31, 1997.

FOR FURTHER INFORMATION CONTACT:

Thomas Pearson, 907–486–6919.

SUPPLEMENTARY INFORMATION: The

groundfish fishery in the GOA exclusive

economic zone is managed by NMFS

according to the Fishery Management
Federal Register / Vol. 62, No. 210 / Thursday, October 30, 1997 / Rules and Regulations 58689

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. Fishing by U.S.

vessels is governed by regulations

implementing the FMP at subpart H of

50 CFR part 600 and 50 CFR part 679.

The Pacific cod TAC allocated to

vessels catching Pacific cod for

processing by the inshore component in

the Central Regulatory Area of the GOA

was established as 39,321 metric tons

(mt) by the Final 1997 Harvest

Specifications of Groundfish (62 FR

8179, February 24, 1997), determined in

accordance with § 679.20(a)(6)(iii) and

subsequent reserve apportionment (62

FR 19062, April 18, 1997).

In accordance with

§ 679.20(a)(6)(iv)(C), the Administrator,

Alaska Region, NMFS (Regional

Administrator), has determined that the

Pacific cod TAC for processing by the

inshore component in the Central

Regulatory Area has been reached.

Therefore, the Regional Administrator is

establishing a directed fishing

allowance of 38,321 mt, and is setting

aside the remaining 1,000 mt as bycatch

to support other anticipated groundfish

fisheries. In accordance with

§ 679.20(d)(1)(iii), the Regional

Administrator finds that this directed

fishing allowance will soon be reached.

Consequently, NMFS is prohibiting

directed fishing for Pacific cod by

vessels catching Pacific cod for

processing by the inshore component in

the Central Regulatory Area of the GOA.

Maximum retainable bycatch amounts

for applicable gear types 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 to prevent

overharvesting the 1997 TAC for Pacific

cod by vessels catching Pacific cod for

processing by the inshore component in

the Central Regulatory Area of the GOA.

A delay in the effective date is

impracticable and contrary to public

interest. The fleet will soon take the

1997 TAC for Pacific cod by vessels

catching Pacific cod for processing by

the inshore component in this area.

Further delay would only result in

overharvest, which would disrupt the

FMP objective of providing sufficient

Pacific cod as bycatch to support other

anticipated groundfish fisheries. NMFS

finds for good cause that the

implementation of this action cannot 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 50 CFR

679.20 and is exempt from review under

E.O. 12866.

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

Dated: October 27, 1997.

Bruce C. Morehead,

Acting Director, Office of Sustainable

Fisheries, National Marine Fisheries Service.

[FR Doc. 97–28822 Filed 10-27-97; 2:31 pm]

BILLING CODE 3510–22–F