70316 Federal Register / Vol. 65, No. 226 / Wednesday, November 22, 2000 / Rules and Regulations

Management Processes and

Requirements). In addition to technical,

schedule, and cost risks, the discussion

shall include such considerations as:

safety and security (including

personnel, information technology, and

facilities/property); the need to involve

foreign sources (contractor and/or

governmental), and risks of

unauthorized technology transfer (see

NPD 2110.1D and Export Control

Program (http://www.hq.nasa.gov/

office/codei/nasaecp/ecpolicy.html));

and resource risk, including the

necessary level and expertise of NASA

personnel resources available to manage

the project/program. For each area of

risk identified, the discussion shall

include a quantification of the relative

magnitude (e.g., high, medium, low)

together with the specific actions taken

to structure the acquisition approach to

manage the risks throughout the

acquisition process. For example, this

discussion would identify those areas

that have safety risk, discuss how safety

is addressed in contract requirements

and evaluated in the source selection,

and how it will be managed and

incentivized during contract

performance. Decisions to accept,

mitigate, track, and/or research risk

factors shall be identified and

documented as part of acquisition

planning.

* * * * *

PART 1815—CONTRACTING BY

NEGOTIATION

3. Revise section 1815.203–72 to read

as follows:

1815.203–72 Risk management.

In all RFPs and RFOs for supplies or

services for which a technical proposal

is required, proposal instructions shall

require offerors to identify and discuss

risk factors and issues throughout the

proposal where they are relevant, and

describe their approach to managing

these risks.

PART 1816—TYPES OF CONTRACTS

4. In section 1816.405–274, add

paragraph (c)(4) to read as follows:

1816.405–274 Award fee evaluation

factors.

* * * * *

(c) * * *

(4) The Associate Administrator for

Procurement (Code HS) shall be notified

prior to the determination of a zero

award fee because of a major breach of

safety or security.

* * * * *

PART 1823—ENVIRONMENT,

CONSERVATION, OCCUPATIONAL

SAFETY, AND DRUG–FREE

WORKPLACE

5. In section 1823.7001, revise

paragraphs (b)(1) and (b)(2) to read as

follows:

1823.7001 NASA solicitation provisions

and contract clauses.

(b) * * *

(1) From any contract subject to the

Walsh-Healey Public Contracts Act (see

FAR subpart 22.6) or the Service

Contract Act of 1965 (see FAR subpart

22.10) in which the application of either

act and its implementing regulations

constitute adequate safety and

occupational health protection; and

(2) When the contracting officer, with

the approval of the installation

official(s) responsible for matters of

safety and occupational health, makes a

written determination that the clause is

not necessary under the circumstances

of the acquisition.

* * * * *

PART 1849—TERMINATION OF

CONTRACTS

6. Add section 1849.102–71 to read as

follows:

1849.102–71 Prior clearance of contract

terminations resulting from a major breach

of safety or security.

The Associate Administrator for

Procurement (Code HS) must be notified

prior to taking any action to terminate

because of a major breach of safety or

security.

PART 1852—SOLICITATION

PROVISIONS AND CONTRACT

CLAUSES

7. In section 1852.223–70, revise the

date of the clause and paragraph (c) to

read as follows:

1852.223–70 Safety and Health.

* * * * *

Safety and Health, November 2000

* * * * *

(c) The Contractor shall immediately notify

and promptly report to the Contracting

Officer or a designee any accident, incident,

or exposure resulting in fatality, lost-time

occupational injury, occupational disease,

contamination of property beyond any stated

acceptable limits set forth in the contract

Schedule; or property loss of $25,000 or

more, or Close Call (a situation or occurrence

with no injury, no damage or only minor

damage (less than $1,000) but possesses the

potential to cause any type mishap, or any

injury, damage, or negative mission impact)

that may be of immediate interest to NASA,

arising out of work performed under this

contract. The Contractor is not required to

include in any report an expression of

opinion as to the fault or negligence of any

employee. In addition, service contractors

(excluding construction contracts) shall

provide quarterly reports specifying lost-time

frequency rate, number of lost-time injuries,

exposure, and accident/incident dollar losses

as specified in the contract Schedule.

* * * * *

8. In section 1852.223–75, revise the

date of the clause and paragraph (a) to

read as follows:

1852.223–75 Major Breach of Safety or

Security.

* * * * *

Major Breach of Safety or Security,

November 2000

(a) Safety is the freedom from those

conditions that can cause death, injury,

occupational illness, damage to or loss of

equipment or property, or damage to the

environment. Safety is essential to NASA and

is a material part of this contract. A major

breach of safety may constitute a breach of

contract that entitles the Government to

exercise any of its rights and remedies

applicable to material parts of this contract,

including termination for default. A major

breach of safety must be related directly to

the work on the contract. A major breach of

safety is an act or omission of the Contractor

that consists of an accident, incident, or

exposure resulting in a fatality or mission

failure; or in damage to equipment or

property equal to or greater than $1 million;

or in any ‘‘willful’’ or ‘‘repeat’’ violation cited

by the Occupational Health and Safety

Administration (OSHA) or by a state agency

operating under an OSHA approved plan.

* * * * *

[FR Doc. 00–29899 Filed 11–21–00; 8:45 am]

BILLING CODE 7510–01–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 229

[Docket No. 991222346-0312-03; I.D.

111300E]

RIN 0648-AN40

Taking of Marine Mammals Incidental

to Commercial Fishing Operations;

Atlantic Large Whale Take Reduction

Plan Regulations; Remove and

Reserve Gear Marking Requirements

for Northeast U.S. Fisheries

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule.

SUMMARY: This final rule removes and

reserves the northeast U.S. fisheries gear

Federal Register / Vol. 65, No. 226 / Wednesday, November 22, 2000 / Rules and Regulations 70317

marking requirements implementing the

Atlantic Large Whale Take Reduction

Plan (ALWTRP). These requirements

were suspended until November 1,

2000. It was the agency’s intent to

extend that suspension indefinitely

until a modified gear marking program

is implemented. Because of a delay in

preparing an extension of the

suspension, these gear marking

requirements inadvertently went into

effect. The intent of this action is to

remove the existing requirements.

DATES: Effective November 21, 2000.

FOR FURTHER INFORMATION CONTACT:

Douglas Beach, NMFS, Northeast

Region, 978-281-9254; or Patricia

Lawson, NMFS, Office of Protected

Resources, 301-713-2322.

SUPPLEMENTARY INFORMATION:

Background

On February 16, 1999, NMFS

published a final rule (64 FR 7529)

implementing the ALWTRP. Among

other measures, the final rule required

gear marking in all fisheries covered by

the ALWTRP by April 1, 1999.

The Atlantic Large Whale Take

Reduction Team (ALWTRT) met on

February 8-10, 1999, discussed the gear

marking program in detail, found that

the plan would not meet ALWTRT and

NMFS goals and recommended by

consensus that NMFS suspend the

implementation of the gear marking

requirement until November 1, 1999, or

until a better system was designed. On

April 9, 1999 (64 FR 17292), NMFS

issued a final rule that suspended the

gear marking program until November 1,

1999. On December 30, 1999 (64 FR

73434), NMFS extended the suspension

until November 1, 2000. Because of a

delay in preparing an extension of this

suspension, these gear marking

requirements went into effect. It was not

the intent of the agency for this to

happen. A new gear marking program

will be implemented by an interim final

rule currently in preparation. In order to

spare fishermen the expense of having

to adhere for a short period of time to

gear marking requirements that will be

modified in the near future, NMFS is

removing and reserving these

requirements. The other provisions of

this final rule implementing the

ALWTRP, including the gear marking

requirements for the Southeast U.S.

fisheries covered by the ALWTRP,

remain in effect.

Classification

This final rule has been determined to

be not significant for purposes of

Executive Order 12866.

NMFS prepared a Supplemental

Environmental Assessment (EA) for the

final rule (64 FR 73434) extending the

suspension of the effective dates of the

gear marking requirements and found

that action not to have a significant

environmental impact. Since this final

rule addresses an action previously

analyzed in an EA, it is categorically

excluded from further environmental

review under section 5.05b of NOAA

Administrative Order 216-6.

A biological opinion (BO) on the

ALWTRP was completed on July 15,

1997. That BO concluded that

implementation of the ALWTRP and

continued operation of fisheries

conducted under the American Lobster

and Northeast Multispecies Fishery

Management Plans (FMPs), and

southeastern shark gillnet component of

the Shark FMP, may adversely affect,

but were not likely to jeopardize the

continued existence of, any listed

species of large whale or sea turtle

under NMFS jurisdiction. NMFS

conducted an informal consultation and

made the determination that the April 9,

1999, final rule (64 FR 17292), did not

change the basis for that BO. Therefore,

NMFS also found this action does not

change the basis for that BO.

Removing the ALWTRP gear marking

requirement for northeast U.S. fisheries

will have no adverse impacts on marine

mammals. (EA, 1999) In addition, this

final rule does not affect the

determination that the ALWTRP will be

implemented in a manner that is

consistent to the maximum extent

practicable with the approved coastal

management programs of the Atlantic

states.

The Assistant Administrator for

Fisheries Noaa, (AA), for good cause,

finds, under 5 U.S.C. 553(b)(B), that

delaying this final rule to allow for prior

notice and an opportunity for public

comment would be contrary to the

public interest. It would not be fair to

subject fishermen to the expense of

having to comply with gear marking

requirements that do not meet the goals

of the ALWTRP in which the agency

intends to replace in the immediate near

future with a new gear marking

program. For the same reason, the AA

finds, for good cause under 5 U.S.C.

553(d)(3) that delaying the effectiveness

of this final rule for 30 days would be

contrary to the public interest.

Furthermore, since this final rule

relieves a restriction, under 5 U.S.C.

553(d)(1) it is not subject to a 30-day

delay in effective date.

Because publishing a general notice of

proposed rulemaking is not required for

this action by 5 U.S.C. 553 or by any

other law, the analytical requirements of

the Regulatory Flexibility Act (5 U.S.C.

601 et seq.) are inapplicable.

This final rule removes a collectionof-information requirement previously

approved by OMB (OMB control

number: 0648-0364).

List of Subjects in 50 CFR Part 229

Administrative practice and

procedure, Confidential business

information, Fisheries, Marine

Mammals, Reporting and recordkeeping requirements.

Dated: November 16, 2000.

W.T. Hogarth,

Deputy Assistant Administrator, National

Marine Fisheries Service.

For the reasons set out in the

preamble, 50 CFR Part 229 is amended

as follows:

PART 229—AUTHORIZATION FOR

COMMERCIAL FISHERIES UNDER THE

MARINE MAMMAL PROTECTION ACT

OF 1972

1. The authority citation for part 229

continues to read as follows:

Authority: 16 U.S.C. 1361 et seq.

§ 229.32 [Amended]

2. In § 229.32, paragraphs (b),

(c)(3)(ii), (c)(4)(ii), (c)(5)(ii), (d)(2)(ii),

(d)(3)(ii), (d)(4)(ii), and (d)(5)(ii) are

removed and reserved.

FR Doc. 00–29923 Filed 11–21–00; 8:45 am]

BILLING CODE 3510-22-S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 622

[Docket No. 991008273–0070–02; I.D.

111600A]

Fisheries of the Caribbean, Gulf of

Mexico, and South Atlantic; Coastal

Migratory Pelagic Resources of the

Gulf of Mexico and South Atlantic;

Closure

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Closure.

SUMMARY: NMFS closes the commercial

fishery for king mackerel in the

exclusive economic zone (EEZ) in the

northern Florida west coast subzone.

This closure is necessary to protect the

overfished Gulf king mackerel resource.

DATES: The closure is effective 12:01

a.m., local time, November 19, 2000,

through June 30, 2001.