27860 Federal Register / Vol. 63, No. 98 /Thursday, May 21, 1998 /Rules and Regulations

contracts subject to FAR subpart 42.15

and this subpart. The final evaluation

shall cover only the last period of

performance (i.e., it shall not be

cumulative).

1842.1503 Procedures. (NASA Supplement

paragraphs (a), (b), and (c))

(a) The contracting officer shall

determine who (e.g., the technical office

or end users of the products or services)

evaluates appropriate portions of the

contractor’s performance. The

evaluations are subjective in nature.

Nonetheless, the contracting officer,

who has responsibility for the

evaluations, shall ensure that they are

reasonable.

(b) NASA Form 1680, entitled,

‘‘Evaluation of Performance,’’ shall be

used to document evaluations. This

provides for a five-tiered rating (using

the definitions for award fee evaluation

scoring found in 1816.405–275)

covering the following attributes:

quality, timeliness, price or control of

costs (not required for firm-fixed-price

contracts or firm-fixed-price contracts

with economic price adjustment), and

other considerations. Evaluations used

in determining award fee payments

satisfy the requirements of this subpart

and do not require completion of NASA

Form 1680. In addition, hybrid contracts

containing both award fee and nonaward fee portions do not require

completion of NASA Form 1680.

(c) Contracting Officers shall ensure

that the Government discusses all

evaluations with contractors and shall

record the date and the participants on

the evaluation form. Contracting officers

shall sign and date the evaluation after

considering any comments received

from the contractor within 30 days of

the contractor’s receipt of the

evaluation. If a contractor in its timely

comments disagrees with an evaluation

and requests a review at a level above

the contracting officer, it shall be

provided within 30 days. While the FAR

forbids use of the evaluations for source

selections more than three years after

contract completion, they shall

nevertheless be retained in the contract

file as provided in FAR 4.8, Government

Contract Files.

PART 1853—FORMS

1853.242–72 [Added]

3. Section 1853.242–72 is added to

read as follows:

1853.242–72 Evaluation of Performance

(NASA Form 1680).

NASA Form 1680, Evaluation of

Performance. Prescribed in 1842.1503.

[FR Doc. 98–13511 Filed 5–20–98; 8:45 am]

BILLING CODE 7510–01–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 229

[Docket No. 970129015–8123–06; I.D.

042798B]

RIN 0648–AI84

Taking of Marine Mammals Incidental

to Commercial Fishing Operations;

Pacific Offshore Cetacean Take

Reduction Plan Regulations; Technical

Amendment

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule; technical

amendment.

SUMMARY: NMFS issues this document

to correct and clarify the meaning of a

final rule to reduce bycatch of several

marine mammal stocks that occur

incidental to fishing for swordfish and

thresher shark with drift gillnet gear

offshore California and Oregon. These

amendments are nonsubstantive.

DATES: Effective May 21, 1998.

FOR FURTHER INFORMATION CONTACT: Irma

Lagomarsino, NMFS, Southwest Region,

562–980–4016; or Victoria Cornish,

NMFS, Office of Protected Resources,

301–713–2322.

SUPPLEMENTARY INFORMATION:

Background

On October 3, 1997 (62 FR 51805),

NMFS published a final rule requiring

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 mortality and serious

injury of several marine mammal stocks

that occurs incidental to fishing

operations. The regulatory text was

codified in subpart C of 50 CFR part

229.

Amendments to 50 CFR Part 229

NMFS has determined that the

meaning of term ‘‘extender’’ might be

unclear to some readers. An ‘‘extender’’

is a line that attaches a buoy (float) to

a drift gillnet’s floatline. To clarify this

term, NMFS is adding a definition for

‘‘extender’’ to § 229.31(b).

Since floatlines are attached at the top

of drift gillnets, the length of extender

lines determine the depth in the water

column at which the net is fished.

NMFS intended the final rule to require

that all extenders used in the fishery be

at least 6 fathoms (36 ft., 10.9 m) long

because the length of extenders controls

the depth the net is fished in the water

column. The depth of the net in the

water column is correlated with marine

mammal bycatch; observer data indicate

that nets deployed shallower in the

water column entangle more marine

mammals. However, the word, ‘‘all’’ was

inadvertently omitted from the

regulatory text. NMFS is clarifying that

‘‘all’’ extenders deployed must be at

least 6 fathoms (36 ft., 10.9 m) long

during all sets under § 229.31(b).

Accordingly, since floatlines are

attached to the top of the nets, all

floatlines must be fished at a minimum

of 36 feet (10.9 m) below the surface of

the water.

NMFS is removing the outdated

reference to ‘‘October 30, 1997’’ under

§ 229.31(c)(2).

Also, in the same section, the final

rule requires that, while at sea, drift

gillnet vessels with multifilament

gillnets on board must carry enough

pingers to meet the configuration

requirements set forth under

§ 229.31(c)(3). The goal of this

requirement is to facilitate enforcement

of the pinger requirement during at-sea

boardings by enforcement agents onto

drift gillnet vessels that are not actively

fishing. The term ‘‘multifilament’’ was

intended to identify the typical gear

type used in the fishery and not to

describe a narrow class of fishing

vessels. NMFS believes that any vessel

that could potentially fish in the fishery

should have the required number of

pingers on board at all times while at

sea. To ensure that the final rule

remains inclusive, NMFS is deleting the

term ‘‘multifilament’’ under

§ 229.31(c)(2).

NMFS is also adding a figure to part

229 which illustrates the pinger

configuration and extender

requirements (see figure 1).

Classification

The Assistant Administrator for

Fisheries, NOAA (AA) has determined

that this final rule, technical

amendment, makes only minor, nonsubstantive changes and does not

change operating practices in the

fishery. Therefore, there is good cause

under 5 U.S.C. 553(b)(B) to waive the

requirement for prior notice and an

opportunity for public comment. Such
Federal Register / Vol. 63, No. 98 /Thursday, May 21, 1998 /Rules and Regulations 27861

procedures are unnecessary. Because

this rule makes no substantive changes

to the existing regulations, it is not

subject to a delay of effective date under

5 U.S.C. 553(d).

As this rule is not subject to the

requirement to provide prior notice and

an opportunity for public comment

under 5 U.S.C. 553, or any other law,

the analytical requirements of the

Regualtory Flexibility Act, 5 U.S.C. 601

et seq., are inapplicable.

This rule is exempt from review

under E.O. 12866.

List of Subjects in 50 CFR Part 229

Administrative practice and

procedure, Confidential business

information, Fisheries, Marine

mammals, Reporting and recordkeeping

requirements.

Dated: May 15, 1998.

Gary C. Matlock,

Acting Assistant Administrator for Fisheries,

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.

2. In § 229.31, paragraphs (b) and

(c)(2) are revised to read as follows:

§ 229.31 Pacific Offshore Cetacean Take

Reduction Plan.

* * * * *

(b) Extenders. An extender is a line

that attaches a buoy (float) to a drift

gillnet’s floatline. The floatline is

attached to the top of the drift gillnet.

All extenders (buoy lines) must be at

least 6 fathoms (36 ft; 10.9 m) in length

during all sets. Accordingly, all

floatlines must be fished at a minimum

of 36 feet (10.9 m) below the surface of

the water.

(c) * * *

(2) While at sea, drift gillnet vessels

with gillnets onboard must carry enough

pingers to meet the configuration

requirements set forth under paragraph

(c)(3) of this section.

* * * * *

3. Figure 1 to part 229 is added to

read as follows:

[FR Doc. 98–13498 Filed 5–20–98; 8:45 am]

BILLING CODE 3510–22–P