15942 Federal Register / Vol. 73, No. 59 / Wednesday, March 26, 2008 / Rules and Regulations 

practices of which it was aware or should 

have been aware at the time of price 

negotiations and which it failed to disclose 

to the Government. 

(b) If the parties fail to agree whether the 

Contractor or a subcontractor has complied 

with an applicable CAS or a CAS rule or 

regulation in 9903 and as to any cost 

adjustment demanded by the United States, 

such failure to agree will constitute a dispute 

under the Contract Disputes Act (41 U.S.C. 

601). 

(c) The Contractor shall permit any 

authorized representatives of the Government 

to examine and make copies of any 

documents, papers, or records relating to 

compliance with the requirements of this 

clause. 

(d) The Contractor shall include in all 

negotiated subcontracts which the Contractor 

enters into, the substance of this clause, 

except paragraph (b), and shall require such 

inclusion in all other subcontracts, of any 

tier, including the obligation to comply with 

all applicable CAS in effect on the 

subcontractor’s award date or if the 

subcontractor has submitted cost or pricing 

data, on the date of final agreement on price 

as shown on the subcontractor’s signed 

Certificate of Current Cost or Pricing Data, 

except that—

(1) If the subcontract is awarded to a 

business unit which pursuant to 9903.201–2 

is subject to other types of CAS coverage, the 

substance of the applicable clause set forth in 

9903.201–4 shall be inserted; and 

(2) This requirement shall apply only to 

negotiated subcontracts in excess of 

$650,000. 

(3) The requirement shall not apply to 

negotiated subcontracts otherwise exempt 

from the requirement to include a CAS clause 

as specified in 

9903.201–1. 

(End of clause) 

(f) Disclosure and Consistency of Cost 

Accounting Practices—Foreign 

Concerns. 

(1) The contracting officer shall insert 

the clause set forth below, Disclosure 

and Consistency of Cost Accounting 

Practices—Foreign Concerns, in 

negotiated contracts when the contract 

is with a foreign concern and the 

contract is not otherwise exempt under 

9903.201–1 (see 9903.201–2(e)). 

(2) The clause below requires the 

contractor to comply with 9904.401 and 

9904.402, to disclose (if it meets certain 

requirements) actual cost accounting 

practices, and to follow consistently 

disclosed and established cost 

accounting practices. 

DISCLOSURE AND CONSISTENCY OF 

COST ACCOUNTING PRACTICES—

FOREIGN CONCERNS (April 25, 2008) 

(a) The Contractor, in connection with this 

contract, shall—

(1) Comply with the requirements of 

9904.401, Consistency in Estimating, 

Accumulating, and Reporting Costs; and 

9904.402, Consistency in Allocating Costs 

Incurred for the Same Purpose, in effect on 

the date of award of this contract, as 

indicated in Part 9904. 

(2) (CAS-covered Contracts Only) If it is a 

business unit of a company required to 

submit a Disclosure Statement, disclose in 

writing its cost accounting practices as 

required by 9903.202–1 through 9903.202–5. 

If the Contractor has notified the Contracting 

Officer that the Disclosure Statement 

contains trade secrets and commercial or 

financial information which is privileged and 

confidential, the Disclosure Statement shall 

be protected and shall not be released outside 

of the Government. 

(3)(i) Follow consistently the Contractor’s 

cost accounting practices. A change to such 

practices may be proposed, however, by 

either the Government or the Contractor, and 

the Contractor agrees to negotiate with the 

Contracting Officer the terms and conditions 

under which a change may be made. After 

the terms and conditions under which the 

change is to be made have been agreed to, the 

change must be applied prospectively to this 

contract, and the Disclosure Statement, if 

affected, must be amended accordingly. 

(ii) The Contractor shall, when the parties 

agree to a change to a cost accounting 

practice and the Contracting Officer has 

made the finding required in 9903.201–6(c) 

that the change is desirable and not 

detrimental to the interests of the 

Government, negotiate an equitable 

adjustment as provided in the Changes clause 

of this contract. In the absence of the 

required finding, no agreement may be made 

under this contract clause that will increase 

costs paid by the United States. 

(4) Agree to an adjustment of the contract 

price or cost allowance, as appropriate, if the 

Contractor or a subcontractor fails to comply 

with the applicable CAS or to follow any cost 

accounting practice, and such failure results 

in any increased costs paid by the United 

States. Such adjustment shall provide for 

recovery of the increased costs to the United 

States, together with interest thereon 

computed at the annual rate established 

under section 6621(a)(2) of the Internal 

Revenue Code of 1986 (26 U.S.C. 6621(a)(2)) 

for such period, from the time the payment 

by the United States was made to the time 

the adjustment is effected. 

(b) If the parties fail to agree whether the 

Contractor has complied with an applicable 

CAS rule, or regulation as specified in Parts 

9903 and 9904 and as to any cost adjustment 

demanded by the United States, such failure 

to agree will constitute a dispute under the 

Contract Disputes Act (41 U.S.C. 601). 

(c) The Contractor shall permit any 

authorized representatives of the Government 

to examine and make copies of any 

documents, papers, and records relating to 

compliance with the requirements of this 

clause. 

(d) The Contractor shall include in all 

negotiated subcontracts, which the 

Contractor enters into, the substance of this 

clause, except paragraph (b), and shall 

require such inclusion in all other 

subcontracts of any tier, except that—

(1) If the subcontract is awarded to a 

business unit which pursuant to 9903.201–2 

is subject to other types of CAS coverage, the 

substance of the applicable clause set forth in 

9903.201–4 shall be inserted. 

(2) This requirement shall apply only to 

negotiated subcontracts in excess of 

$650,000. 

(3) The requirement shall not apply to 

negotiated subcontracts otherwise exempt 

from the requirement to include a CAS clause 

as specified in 9903.201–1. 

(End of Clause) 

[FR Doc. E8–5981 Filed 3–24–08; 8:45 am] 

BILLING CODE 3110–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 071106671–8010–02] 

RIN 0648–XG62 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Shallow-Water 

Species Fishery by Vessels Using 

Trawl Gear in the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; modification of 

a closure. 

SUMMARY: NMFS is opening directed 

fishing for shallow-water species by 

vessels using trawl gear in the Gulf of 

Alaska (GOA). This action is necessary 

to allow the shallow-water species 

fishery in the GOA to resume. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), March 21, 2008, through 

1200 hrs, A.l.t., April 1, 2008. 

Comments must be received at the 

following address no later than 4:30 

p.m., A.l.t., April 7, 2008. 

ADDRESSES: Send comments to Sue 

Salveson, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region, NMFS, Attn: 

Ellen Sebastian. You may submit 

comments, identified by 0648–XG62, by 

any one of the following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal website at 

http://www.regulations.gov; 

• Mail: P.O. Box 21668, Juneau, AK 

99802; 

• Fax: (907) 586–7557; or 

• Hand delivery to the Federal 

Building: 709 West 9th Street, Room 

420A, Juneau, AK. 

Instructions: All comments received 

are a part of the public record and will 

generally be posted to http:// 

www.regulations.gov without change. 


sroberts on PROD1PC70 with RULES
Federal Register / Vol. 73, No. 59 / Wednesday, March 26, 2008 / Rules and Regulations 15943 

All Personal Identifying Information (for 

example, name, address, etc.) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit Confidential Business 

Information or otherwise sensitive or 

protected information. 

NMFS will accept anonymous 

comments. Attachments to electronic 

comments will be accepted in Microsoft 

Word, Excel, WordPerfect, or Adobe 

PDF file formats only. 

FOR FURTHER INFORMATION CONTACT: Josh 

Keaton, 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. 

NMFS closed the shallow-water 

species fishery by vessels using trawl 

gear in the GOA under § 679.21(d)(7)(i) 

on February 27, 2008 (73 FR 10562, 

February 27, 2008). 

NMFS has determined that, 

approximately 99 mt remain in the first 

seasonal apportionment of the 2008 

Pacific halibut bycatch allowance 

specified for the shallow-water species 

fishery in the GOA. Therefore, in 

accordance with § 679.25(a)(1)(i), 

(a)(2)(i)(C) and (a)(2)(iii)(D), and to 

allow the shallow-water species fishery 

in the GOA to resume, NMFS is 

terminating the previous closure and is 

reopening directed fishing for shallowwater species by vessels using trawl gear 

in the GOA. The species and species 

groups that comprise the shallow-water 

species fishery are pollock, Pacific cod, 

shallow-water flatfish, flathead sole, 

Atka mackerel, skates and ‘‘other 

species.’’

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 opening of the shallow-water 

species fishery by vessels using trawl 

gear in 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 March 17, 2008. 

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 § 679.25 

and § 679.20 and is exempt from review 

under Executive Order 12866. 

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

Dated: March 20, 2008. 

Emily H. Menashes 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 08–1073 Filed 3–21–08; 2:13 pm] 

BILLING CODE 3510–22–S 


sroberts on PROD1PC70 with RULES