71038 Federal Register / Vol. 70, No. 226 / Friday, November 25, 2005 / Rules and Regulations 

threat to life and property. Examples of 

natural emergencies which may warrant 

activation are: Tornadoes, floods, 

hurricanes, earthquakes, heavy snows, 

icing conditions, widespread fires, etc. 

Man-made emergencies may include: 

toxic gas leaks or liquid spills, 

widespread power failures, industrial 

explosions, and civil disorders. 

(1) DBS providers shall pass through 

all EAS messages aired on local 

television broadcast stations carried by 

DBS providers under the Commission’s 

broadcast signal carriage rules to 

subscribers receiving those channels. 

(2) SDARS licensees and DBS 

providers may participate in EAS at the 

state and local level and make their 

systems capable of receiving and 

transmitting state and local level EAS 

messages on all channels. If an SDARS 

licensee or DBS provider is not capable 

of receiving and transmitting state and 

local EAS message on all channels, it 

must inform its subscribers, on its 

website and in writing on an annual 

basis, of which channels are and are not 

capable of supplying state and local 

messages. 

* * * * * 

(c) Immediately upon receipt of a 

State or Local Area EAS message, EAS 

Participants participating in the State or 

Local Area EAS must do the following: 

* * * * * 

(4) EAS Participants participating in 

the State or Local Area EAS must 

discontinue normal programming and 

follow the procedures in the State and 

Local Area plans. Analog and digital 

television broadcast stations must 

comply with § 11.54(b)(5); analog cable 

systems, digital cable systems, and 

wireless cable systems must comply 

with § 11.54(b)(6); and DBS providers 

must comply with § 11.54(b)(7). EAS 

Participants providing foreign language 

programming should comply with 

§ 11.54(b)(8). 

* * * * * 

(7) The times of the above EAS 

actions must be entered in the EAS 

Participants’ records as specified in 

§§ 11.35(a) and 11.54(b)(13). 

* * * * * 

■ 22. Revise § 11.61 to read as follows: 

§ 11.61 Tests of EAS procedures. 

(a) EAS Participants shall conduct 

tests at regular intervals, as specified in 

paragraphs (a)(1) and (a)(2) of this 

section. Additional tests may be 

performed anytime. EAS activations and 

special tests may be performed in lieu 

of required tests as specified in 

paragraph (a)(4) of this section. All tests 

will conform with the procedures in the 

EAS Operating Handbook. 

(1) Required Monthly Tests of the 

EAS header codes, Attention Signal, 

Test Script and EOM code. 

(i) Tests in odd numbered months 

shall occur between 8:30 a.m. and local 

sunset. Tests in even numbered months 

shall occur between local sunset and 

8:30 a.m. They will originate from Local 

or State Primary sources. The time and 

script content will be developed by 

State Emergency Communications 

Committees in cooperation with affected 

EAS Participants. Script content may be 

in the primary language of the EAS 

Participant. These monthly tests must 

be transmitted within 60 minutes of 

receipt by EAS Participants in an EAS 

Local Area or State. Analog and digital 

class D non-commercial educational FM 

and analog and digital LPTV stations are 

required to transmit only the test script. 

(ii) Effective May 31, 2007, DBS 

providers must comply with this section 

by monitoring a state or local primary 

source to participate in testing. Tests 

should be performed on 10% of all 

channels monthly (excluding local-intolocal channels for which the monthly 

transmission tests are passed through by 

the DBS provider), with channels tested 

varying from month to month, so that 

over the course of a given year, 100% 

of all channels are tested. 

(2) Required Weekly Tests: 

(i) EAS Header Codes and EOM 

Codes: 

(A) Analog and digital AM, FM, and 

TV broadcast stations must conduct 

tests of the EAS header and EOM codes 

at least once a week at random days and 

times. Effective December 31, 2006, 

DAB stations must conduct these tests 

on all audio streams. Effective December 

31, 2006, DTV stations must conduct 

these tests on all program streams. 

(B) Analog cable systems and digital 

cable systems with 5,000 or more 

subscribers per headend and wireless 

cable systems with 5,000 or more 

subscribers must conduct tests of the 

EAS Header and EOM Codes at least 

once a week at random days and times 

on all programmed channels. 

(C) Analog cable systems and digital 

cable systems serving fewer than 5,000 

subscribers per headend and wireless 

cable systems with fewer than 5,000 

subscribers must conduct tests of the 

EAS Header and EOM Codes at least 

once a week at random days and times 

on at least one programmed channel. 

(D) SDARS providers must conduct 

tests of the EAS Header and EOM codes 

at least once a week at random days and 

times on all channels. 

(ii) DBS providers, analog and digital 

class D non-commercial educational FM 

stations, and analog and digital LPTV 

stations are not required to transmit this 

test but must log receipt, as specified in 

§§ 11.35(a) and 11.54(b)(13). 

(iii) The EAS weekly test is not 

required during the week that a monthly 

test is conducted. 

(iv) EAS Participants are not required 

to transmit a video message when 

transmitting the required weekly test. 

(3) Periodic National Tests. National 

Primary (NP) sources shall participate in 

tests as appropriate. The FCC may 

request a report of these tests. 

(4) EAS activations and special tests. 

The EAS may be activated for 

emergencies or special tests at the State 

or Local Area level by an EAS 

Participant instead of the monthly or 

weekly tests required by this section. To 

substitute for a monthly test, activation 

must include transmission of the EAS 

header codes, Attention Signal, 

emergency message and EOM code and 

comply with the visual message 

requirements in § 11.51. To substitute 

for the weekly test of the EAS header 

codes and EOM codes in paragraph 

(a)(2)(i) of this section, activation must 

include transmission of the EAS header 

and EOM codes. Analog and digital 

television broadcast stations, analog 

cable systems, digital cable systems, 

wireless cable systems, and DBS 

providers shall comply with the aural 

and visual message requirements in 

§ 11.51. Special EAS tests at the State 

and Local Area levels may be conducted 

on daily basis following procedures in 

State and Local Area EAS plans. 

(b) Entries shall be made in EAS 

Participant records, as specified in 

§§ 11.35(a) and 11.54(b)(13). 

[FR Doc. 05–23271 Filed 11–23–05; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF ENERGY 

48 CFR Parts 909 and 970 

RIN 1991–AB64 

Acquisition Regulation: Work for 

Others 

AGENCY: Department of Energy (DOE). 

ACTION: Final rule. 

SUMMARY: The Department of Energy 

(DOE) is adopting as final without 

change an Interim Final Rule amending 

the Department of Energy Acquisition 

Regulation (DEAR) to provide policy 

and procedures regarding work for nonDOE entities performed by DOE 

contractors who manage and operate 

DOE-owned or DOE-leased facilities and 

to make an administrative change 

concerning debarment and suspension 

officials. 

Federal Register / Vol. 70, No. 226 / Friday, November 25, 2005 / Rules and Regulations 71039 

EFFECTIVE DATE: The interim final rule 

published December 15, 2004 (69 FR 

75001) was effective January 14, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Andrew Geary, Office of Procurement 

and Assistance Management (MA–62), 

202–287–1507; 

Andrew.Geary@hq.doe.gov 

SUPPLEMENTARY INFORMATION: DOE is 

adopting as final the Interim Final Rule 

published on December 15, 2004, at 69 

FR 75001 amending the DEAR at Part 

909 to state separate debarring and 

suspending officials for the National 

Nuclear Security Administration 

(NNSA) and DOE and adding policy and 

procedures to Part 970 including a 

standard contract clause for the 

performance of work for others by DOE 

management and operating contractors. 

Background 

DOE, including NNSA, owns or 

sponsors major scientific research and 

development, and manufacturing 

facilities throughout the United States 

that are managed and operated by 

contractors. DOE permits these 

contractors to perform non-DOE work 

for other Federal agencies and nonFederal entities on a fully reimbursable 

basis when such work is authorized by 

law and the work requires DOE’s unique 

technologies and capabilities. 

Performance of this work is 

conducted under DOE’s Work for Others 

Program. The Work for Others Program 

makes available for use special or 

unique services or facilities that are 

otherwise unavailable in the private 

sector. The Work for Others Program 

requires that funding for Work for 

Others projects be provided by a nonDOE sponsor. Performance of this work 

has allowed DOE and its management 

and operating contractors to assist other 

Federal agencies in accomplishing their 

missions and has provided assistance to 

non-Federal entities to solve complex 

and challenging technological issues. 

The purpose of this rule is to establish 

a uniform contract clause that will 

provide authority to DOE’s management 

and operating contractors to perform 

fully reimbursable work under the terms 

and conditions set forth in their 

contracts. 

This rule amends Part 970 of the 

DEAR that governs DOE contracts with 

entities that manage and operate DOEowned or -leased facilities. The rule 

applies to contracts when the contractor 

performs fully reimbursable work for 

other Federal agencies and non-Federal 

entities and does not relate to the 

expenditure of DOE’s appropriated 

funds. 

DOE is also making a technical 

amendment to 48 CFR part 909 to 

identify an NNSA official as the 

debarment and suspension official for 

NNSA contracts. 

DOE invited comments from the 

public, which were to be submitted on 

or before January 14, 2005. No 

comments were received. DOE has 

determined that no changes are needed 

to the Interim Final Rule and adopts the 

DEAR amendments as final without 

change. 

Issuance of this Final Rule has been 

approved by the Office of the Secretary 

of Energy. 

List of Subjects in 48 CFR Parts 904 and 

970 

Government procurement. 

Issued in Washington, DC, on November 

17, 2005. 

Richard H. Hopf, 

Director, Office of Procurement and 

Assistance Management, Office of 

Management, Department of Energy. 

Robert C. Braden, Jr., 

Director, Office of Acquisition and Supply 

Management, National Nuclear Security 

Administration. 

■ Accordingly, the interim final rule 

amending 48 CFR parts 904 and 970 

which was published at 69 FR 75001 on 

December 15, 2004, is adopted as a final 

rule without change. 

[FR Doc. 05–23286 Filed 11–23–05; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 041126332–5039–02; I.D. 

112105A] 

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 trawl, pot, jig and 

hook-and-line gear to catcher processor 

vessels using hook-and-line gear in the 

BSAI. These actions are necessary to 

allow the 2005 total allowable catch 

(TAC) of Pacific cod to be harvested. 

DATES: Effective November 21, 2005, 

until 2400 hours, Alaska local time, 

December 31, 2005. 

FOR FURTHER INFORMATION CONTACT: Josh 

Keaton, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

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 2005 Pacific cod TAC in the BSAI 

is 190,550 metric tons (mt) as 

established by the 2005 and 2006 final 

harvest specifications for groundfish in 

the BSAI (70 FR 8979, February 24, 

2005). Pursuant to § 679.20(a)(7)(i)(A), 

3,811 mt was allocated to vessels using 

jig gear, 97,181 mt to vessels using 

hook-and-line or pot gear, and 89,559 

mt to vessels using trawl gear. The share 

of the Pacific cod TAC allocated to trawl 

gear was further allocated 50 percent to 

catcher vessels and 50 percent to 

catcher/processor vessels 

(§ 679.20(a)(7)(i)(B)). The share of the 

Pacific cod TAC allocated to hook-andline or pot gear was further allocated 80 

percent to catcher/processor vessels 

using hook-and-line gear; 0.3 percent to 

catcher vessels using hook-and-line 

gear; 3.3 percent to catcher/processor 

vessels using pot gear; 15 percent to 

catcher vessels using pot gear; and 1.4 

percent to catcher vessels less than 60 

ft (18.3 meters (m)) length overall (LOA) 

that use either hook-and-line or pot gear 

(§ 679.20(a)(7)(i)(C)). 

On April 13, 2005, 1,150 mt of Pacific 

cod from the A season apportionment of 

the jig gear allocation was reallocated to 

catcher vessels less than 60 feet (18.3 m) 

LOA using hook-and-line or pot gear (70 

FR 19708, April 14, 2005). On May 17, 

2005, 350 mt of Pacific cod from the B 

season apportionment of the jig gear 

allocation was reallocated to catcher 

vessels less than 60 feet (18.3 m) LOA 

using hook-and-line or pot gear (70 FR 

28486, May 18, 2005). On August 5, 

2005, an additional 500 mt of Pacific 

cod from the B season apportionment of 

the jig gear allocation was reallocated to 

catcher vessels less than 60 feet (18.3 m) 

LOA using hook-and-line or pot gear (70 

FR 46436, August 10, 2005). On October 

5, 2005, 17,962 mt of Pacific cod 

allocated to trawl vessels and 1,611 mt 

of Pacific cod allocated to jig vessels 

was reallocated to vessels using hookVerDate Aug<31>2005 12:24 Nov 23, 2005 Jkt 208001 PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 E:\FR\FM\25NOR1.SGM 25NOR1