8176 Federal Register / Vol. 77, No. 30 / Tuesday, February 14, 2012 / Rules and Regulations 

Authority: 5 U.S.C. 301; Sec. 205(c), 63 

Stat. 390, as amended, 40 U.S.C. 486(c); and 

41 U.S.C. 418b. 

■ 2. Revise section 1511.011–74 to read 

as follows: 

1511.011–74 Work Assignments. 

(a) Policy. When issuing work 

assignments, the independent 

government cost estimate shall not be 

released to the contractor. In most cases 

the Contracting Officer (CO) should 

authorize the contractor to expend only 

the estimated labor hours necessary to 

develop the work plan and to initiate 

preliminary tasks which must be 

performed before work plan approval 

can be made. However, in cases where 

the uncertainties involved in the effort 

are of such a magnitude that there is no 

reasonable expectation that the 

contractor can estimate the level of 

effort required by the tasks, objectives, 

or outcomes of the requirement, the CO 

may provide a ceiling level of effort for 

the entire work assignment at the time 

of its issuance. In such cases, the 

specific uncertainties precluding 

reasonable estimation of the required 

level of effort on the contractor’s part 

must be documented in the contract file. 

(b) Solicitation Provision. The CO 

shall insert the contract clause at 

1552.211.74, Work Assignments, in 

cost-reimbursement type term form 

contracts when work assignments are 

used. For Superfund contracts, except 

for contracts which require annual 

conflict of interest certificates (e.g. Site 

Specific contracts, the Contract 

Laboratory Program (CLP), and Sample 

Management Office (SMO) contracts), 

the CO shall use the clause with either 

Alternate I or Alternate II. Alternate I 

shall be used for contractors who have 

at least three (3) years of records that 

may be searched for certification 

purposes. Alternate II shall be used for 

contractors who do not have at least 

three (3) years of records that may be 

searched. 

[FR Doc. 2012–3292 Filed 2–13–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 101126521–0640–02] 

RIN 0648–XA987 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Reallocation of 

Pacific Cod in the Bering Sea and 

Aleutian Islands Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; reallocation. 

SUMMARY: NMFS is reallocating the 

projected unused amount of Pacific cod 

from vessels using jig gear to catcher 

vessels less than 60 feet (18.3 meters) 

length overall using hook-and-line or 

pot gear in the Bering Sea and Aleutian 

Islands management area. This action is 

necessary to allow the A season 

apportionment of the 2012 total 

allowable catch of Pacific cod to be 

harvested. 

DATES: Effective February 8, 2012, 

through 2400 hrs, Alaska local time 

(A.l.t.), December 31, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Obren Davis, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

Bering Sea and Aleutian Islands (BSAI) 

according to the Fishery Management 

Plan for Groundfish of the Bering Sea 

and Aleutian Islands Management Area 

(FMP) prepared by the North Pacific 

Fishery Management Council under 

authority of the Magnuson-Stevens 

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 A season apportionment of the 

2012 Pacific cod total allowable catch 

(TAC) specified for vessels using jig gear 

in the BSAI is 1,958 metric tons (mt) for 

the period 2400 hrs, A.l.t., January 1, 

2012, through 1200 hrs, A.l.t., April 30, 

2012, as established by the final 2011 

and 2012 harvest specifications for 

groundfish in the BSAI (76 FR 11139, 

March 1, 2011) and inseason adjustment 

(76 FR 81875, December 29, 2011). 

The Administrator, Alaska Region, 

NMFS, (Regional Administrator) has 

determined that jig vessels will not be 

able to harvest 1,800 mt of the A season 

apportionment of the 2012 Pacific cod 

TAC allocated to those vessels under 

§ 679.20(a)(7)(ii)(A)(1). Therefore, in 

accordance with § 679.20(a)(7)(iii)(A), 

NMFS apportions from 1,800 mt of 

Pacific cod from the A season jig gear 

apportionment to catcher vessels less 

than 60 feet (18.3 meters(m)) length 

overall (LOA) using hook-and-line or 

pot gear. 

The harvest specifications for Pacific 

cod included in the final 2012 harvest 

specifications for groundfish in the 

BSAI (76 FR 11139, March 1, 2011) and 

inseason adjustment (76 FR 81875, 

December 29, 2011) are revised as 

follows: 158 mt for vessels using jig gear 

to the A season apportionments and 

6,445 mt to catcher vessels less than 60 

feet (18.3 m) LOA using hook-and-line 

or pot gear. 

Classification 

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 

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 

delay the reallocation of Pacific cod 

specified from jig vessels to catcher 

vessels less than 60 feet (18.3 m) LOA 

using hook-and-line or pot gear. Since 

the fishery is currently open, it is 

important to immediately inform the 

industry as to the revised allocations. 

Immediate notification is necessary to 

allow for the orderly conduct and 

efficient operation of this fishery, to 

allow the industry to plan for the fishing 

season, and to avoid potential 

disruption to the fishing fleet as well as 

processors. NMFS was unable to 

publish a notice providing time for 

public comment because the most 

recent, relevant data only became 

available as of February 8, 2012. 

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 above for waiver of 

prior notice and opportunity for public 

comment. 

This action is required by § 679.20 

and is exempt from review under 

Executive Order 12866. 

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


pmangrum on DSK3VPTVN1PROD with RULES
Federal Register / Vol. 77, No. 30 / Tuesday, February 14, 2012 / Rules and Regulations 8177 

Dated: February 9, 2012. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2012–3397 Filed 2–9–12; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 101126522–0640–2] 

RIN 0648–XA992 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Vessels Using Pot Gear in the Central 

Regulatory Area of the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific cod by vessels using 

pot gear in the Central Regulatory Area 

of the Gulf of Alaska (GOA). This action 

is necessary to prevent exceeding the A 

season allowance of the 2012 Pacific 

cod total allowable catch apportioned to 

vessels using pot gear in the Central 

Regulatory Area of the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), February 10, 2012, through 

1200 hrs, A.l.t., September 1, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Obren Davis, 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. 

Regulations governing sideboard 

protections for GOA groundfish 

fisheries appear at subpart B of 50 CFR 

part 680. 

The A season allowance of the 2012 

Pacific cod total allowable catch (TAC) 

apportioned to vessels using pot gear in 

the Central Regulatory Area of the GOA 

is 7,538 metric tons (mt), as established 

by the final 2011 and 2012 harvest 

specifications for groundfish of the GOA 

(76 FR 11111, March 1, 2011), revision 

to the final 2012 harvest specifications 

for Pacific cod (76 FR 81860, December 

29, 2011), and inseason adjustment to 

the final 2012 harvest specifications for 

Pacific cod (77 FR 438, January 5, 2012). 

In accordance with § 679.20(d)(1)(i), 

the Administrator, Alaska Region, 

NMFS (Regional Administrator) has 

determined that the A season allowance 

of the 2012 Pacific cod TAC 

apportioned to vessels using pot gear in 

the Central Regulatory Area of the GOA 

will soon be reached. Therefore, the 

Regional Administrator is establishing a 

directed fishing allowance of 7,528 mt 

and is setting aside the remaining 10 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 has been reached. 

Consequently, NMFS is prohibiting 

directed fishing for Pacific cod by 

vessels using pot gear in the Central 

Regulatory Area of the GOA. After the 

effective date of this closure the 

maximum retainable amounts at 

§ 679.20(e) and (f) apply at any time 

during a trip. 

Classification 

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 

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 

delay the directed fishing closure of 

Pacific cod for vessels using pot gear in 

the Central Regulatory Area of the GOA. 

NMFS was unable to publish a notice 

providing time for public comment 

because the most recent, relevant data 

only became available as of February 8, 

2012. 

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 above for waiver of 

prior notice and opportunity for public 

comment. 

This action is required by § 679.20 

and is exempt from review under 

Executive Order 12866. 

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

Dated: February 9, 2012. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2012–3399 Filed 2–9–12; 4:15 pm] 

BILLING CODE 3510–22–P 


pmangrum on DSK3VPTVN1PROD with RULES