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
71040 Federal Register / Vol. 70, No. 226 / Friday, November 25, 2005 / Rules and Regulations 

and-line gear and vessels using pot gear 

(70 FR 58983, October 11, 2005). 

As of November 14, 2005, the 

Administrator, Alaska Region, NMFS 

(Regional Administrator), has 

determined that trawl catcher vessels 

will not be able to harvest 243 mt of 

Pacific cod allocated to those vessels 

under § 679.20(a)(7)(i)(B). The Regional 

Administrator has also determined that 

catcher vessels using pot gear will not 

be able to harvest 2,410 mt and catcher 

vessels using hook-and-line gear will 

not be able to harvest 60 mt. Also 

catcher/processor vessels using pot gear 

will not be able to harvest any 

additional Pacific cod. Therefore, in 

accordance with § 679.20(a)(7)(ii)(C), 

NMFS apportions 2,713 mt of Pacific 

cod to catcher/processor vessels using 

hook-and-line gear. 

The Regional Administrator has also 

determined that vessels using jig gear 

will not harvest 34 mt of their Pacific 

cod allocation by the end of the year. 

Also, catcher vessels less than 60 feet 

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

pot gear will not be able to harvest 753 

mt. Therefore, in accordance with 

§ 679.20(a)(7)(ii)(C)(1) and 

§ 679.20(a)(7)(ii)(B), NMFS is 

reallocating the unused amount of 787 

mt of Pacific cod allocated to vessels 

using jig gear and catcher vessels less 

than 60 feet (18.3 m) LOA using hookand-line or pot gear to catcher/processor 

vessels using hook-and-line gear. 

The harvest specifications for Pacific 

cod included in the harvest 

specifications for groundfish in the 

BSAI (70 FR 8979, February 24, 2005) 

are revised as follows: 166 mt to vessels 

using jig gear, 99,519 mt to catcher/ 

processor vessels using hook-and-line 

gear, 12,828 mt to catcher vessels using 

pot gear, 230 mt to catcher vessels using 

hook-and-line gear, 35,847 mt to catcher 

vessels using trawl gear, and 2,601 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 a 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 projected 

unused amounts of Pacific cod in the 

BSAI. NMFS was unable to publish an 

action providing time for public 

comment because the most recent, 

relevant data only became available as 

of November 15, 2005. 

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: November 21, 2005. 

Alan D. Risenhoover, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 05–23283 Filed 11–21–05; 3:11 pm] 

BILLING CODE 3510–22–S