17028 Federal Register / Vol. 60, No. 64 / Tuesday, April 4, 1995 / Rules and Regulations

11. Section 6101.35 is amended by

revising the first sentence of paragraph

(a), adding paragraphs (c)(5) and (c)(6),

and adding a sentence of the end of

paragraph (d)(1) to read as follows:

§ 6101.35 Award of costs [Rule 35].

(a) Requests for costs. An appropriate

prevailing party in a proceeding before

the Board may apply for an award of

costs, including if applicable an award

of attorney fees, under the Brooks

Automatic Data Processing Act, 40

U.S.C. 759(f), the Equal Access to Justice

Act, 5 U.S.C. 504, or any other provision

that may entitle that party to such an

award, subsequent to the Board’s

decision in the proceeding. * * *

* * * * *

(c) Application requirements. * * *

(5) If the applicant asserts that it is a

qualifying small business concern,

contain evidence thereof.

(6) If the application requests

reimbursement of attorney fees that

exceed the statutory rate, explain why

an increase in the cost of living or a

special factor, such as the limited

availability of qualified attorneys for the

proceedings involved, justifies such

fees.

(d) Proceedings.

(1) * * * If respondent contends that

any fees for consultants or expert

witnesses for which reimbursement is

sought in the application exceed the

highest rate of compensation for expert

witnesses paid by the agency (appeals),

or by the Federal Government (protests),

respondent shall include in the answer

evidence of such highest rate.

* * * * *

12. Section 6101.36 is amended by

revising the third sentence of paragraph

(c) to read as follows:

§ 6101.36 Payment of Board awards [Rule

36].

* * * * *

(c) Procedure for filing of certificates

of finality. * * * When the form is

executed on behalf of an appellant or

applicant by an attorney or other

representative, proof of signatory

authority shall also be furnished. * * *

* * * * *

13. In the appendix to part 6101,

Form No. 4 (Government Certificate of

Finality) and Form No. 5 (Appellant/

Protester/Intervenor/Applicant

Certificate of Finality) are revised to

read as follows:

APPENDIX—FORM NOS. 1–5

* * * * *

Form 4—Board of Contract Appeals

General Services Administration,

Washington, DC 20405

GSBCA lllllllllllllllll

lllllllllllllllllllll

lllllllllllllllllllll

lllllllllllllllllllll

Contract/Solicitation No.

lllllllllllllllllllll

GOVERNMENT CERTIFICATE OF FINALITY

A. Date claim(s) filed with the contracting

officer:

B. Amount to be paid: $llll

C. Agency address (regional office if other

than central office):

D. Agency Certification.

lllllllllllllllllllll

hereby certifies that:

(1) it has not initiated and will not initiate

any proceeding at the Board for the

reconsideration of, or relief from, this award;

(2) it has not initiated and will not initiate

any appeal of this award to the United States

Court of Appeals for the Federal Circuit.

Date llllllllllllllllll

Government Agency

By lllllllllllllllllll

Signature and Title

Note: This format shall not be printed,

reproduced, or stocked by the Central office

or regional offices and shall be used only as

a guide for individual preparation.

Form 5—Board of Contract Appeals

General Services Administration,

Washington, DC 20405

GSBCA lllllllllllllllll

lllllllllllllllllllll

lllllllllllllllllllll

lllllllllllllllllllll

Contract/Solicitation No.

lllllllllllllllllllll

APPELLANT/PROTESTER/INTERVENOR/

APPLICANT CERTIFICATE OF FINALITY

A. Address to which check should be sent

(if check is to be sent to counsel, enclose a

power of attorney):

B. Appellant/Protester/Intervenor/

Applicant Certification

lllllllllllllllllllll

hereby certifies that:

(1) it has not initiated and will not initiate

any proceeding at the Board for the

reconsideration of, or relief from, this award;

(2) it has not initiated and will not initiate

any appeal of this award to the United States

Court of Appeals for the Federal Circuit; and

(3) it agrees to accept the amount awarded,

plus any interest awarded, in accordance

with the Board’s decision in this case, in full

and final satisfaction of its case.

Date llllllllllllllllll

Appellant/Protester/Intervenor/Applicant

By lllllllllllllllllll

Signature and Title

Note: This format shall not be printed,

reproduced, or stocked by the Central office

or regional offices and shall be used only as

a guide for individual preparation.

Dated: March 23, 1995.

Stephen M. Daniels,

Chairman, GSA Board of Contract Appeals.

[FR Doc. 95–8135 Filed 4–3–95; 8:45 am]

BILLING CODE 6820–RW–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 675

[Docket No. 950206040–5040–01; I.D.

032995A]

Groundfish of the Bering Sea and

Aleutian Islands Area; Inshore

Component Pollock in the Aleutian

Islands Subarea

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Closure.

SUMMARY: NMFS is prohibiting directed

fishing for pollock by vessels catching

pollock for processing by the inshore

component in the Aleutian Islands

subarea (AI) of the Bering Sea and

Aleutian Islands management area

(BSAI). This action is necessary to

prevent exceeding the pollock roe

season allowance of pollock for the

inshore component in the Aleutian

Islands subarea.

EFFECTIVE DATE: 12 noon, Alaska local

time (A.l.t.), March 30, 1995, until 12

midnight, A.l.t., December 31, 1995.

FOR FURTHER INFORMATION CONTACT:

Andrew N. Smoker, 907–586-7228.

SUPPLEMENTARY INFORMATION: The

groundfish fishery in the BSAI exclusive

economic zone is managed by NMFS

according to the Fishery Management

Plan for the Groundfish Fishery of the

Bering Sea and Aleutian Islands Area

(FMP) prepared by the North Pacific

Fishery Management Council under

authority of the Magnuson Fishery

Conservation and Management Act.

Fishing by U.S. vessels is governed by

regulations implementing the FMP at 50

CFR parts 620 and 675.

The allowance of pollock TAC for

vessels catching pollock for processing

by the inshore component in the AI was

established by the final 1995 initial

groundfish specifications (60 FR 8479,

February 14, 1995) as 16,838 metric tons

(mt).

The Director, Alaska Region, NMFS

(Regional Director), determined, in

accordance with § 675.20(a)(8), that the
Federal Register / Vol. 60, No. 64 / Tuesday, April 4, 1995 / Rules and Regulations 17029

allowance of pollock TAC for the

inshore component in the AI soon will

be reached. Therefore, the Regional

Director established a directed fishing

allowance of 15,838 mt after

determining that 1,000 mt will be taken

as incidental catch in directed fishing

for other species in the AI.

Consequently, NMFS is prohibiting

directed fishing for pollock by operators

of vessels catching pollock for

processing by the inshore component in

the AI.

Directed fishing standards for

applicable gear types may be found in

the regulations at § 675.20(h).

Classification

This action is taken under § 675.20

and is exempt from review under E.O.

12866.

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

Dated: March 29, 1995.

David S. Crestin,

Acting Director, Office of Fisheries

Conservation and Management, National

Marine Fisheries Service.

[FR Doc. 95–8185 Filed 3–30–95; 3:55 pm]

BILLING CODE 3510–22–F