Acquisition Regulation: Work for Others, 71038-71039 [05-23286]

Download as PDF 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). * * * * * I 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. VerDate Aug<31>2005 12:24 Nov 23, 2005 Jkt 208001 (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 PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 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 Department of Energy (DOE). Final rule. AGENCY: ACTION: 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. E:\FR\FM\25NOR1.SGM 25NOR1 Federal Register / Vol. 70, No. 226 / Friday, November 25, 2005 / Rules and Regulations 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 EFFECTIVE DATE: 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. SUPPLEMENTARY INFORMATION: 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. VerDate Aug<31>2005 12:24 Nov 23, 2005 Jkt 208001 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. I [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 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; reallocation. AGENCY: 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. PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 71039 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 hookDATES: E:\FR\FM\25NOR1.SGM 25NOR1

Agencies

[Federal Register Volume 70, Number 226 (Friday, November 25, 2005)]
[Rules and Regulations]
[Pages 71038-71039]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-23286]


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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.

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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 non-DOE 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.

[[Page 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 non-
Federal 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 non-DOE 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 DOE-owned 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.

0
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