80_FR_18650 80 FR 18584 - Taking of Marine Mammals Incidental to Commercial Fishing Operations; Atlantic Large Whale Take Reduction Plan Regulations; Correction

80 FR 18584 - Taking of Marine Mammals Incidental to Commercial Fishing Operations; Atlantic Large Whale Take Reduction Plan Regulations; Correction

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 66 (April 7, 2015)

Page Range18584-18585
FR Document2015-08003

NMFS published a proposed rule in the Federal Register on March 19, 2015, to amend the regulations implementing the Atlantic Large Whale Take Reduction Plan. This action proposed to change the minimum number of traps per trawl to allow fishing with a single trap in certain Massachusetts and Rhode Island state waters; and proposed to modify the requirement to use one endline on trawls within certain areas in Massachusetts state waters. NMFS also proposed a \1/4\ mile buffer in waters surrounding certain islands in Maine to allow fishing with a single trap. In addition, NMFS proposed additional gear marking requirements for those waters allowing single traps as well as two new high use areas for humpback whales (Megaptera novaeangliae) and North Atlantic right whales (Eubalaena glacialis). In that proposal, NMFS provided the wrong address for the submission of electronic comments. With this document, we correct our error by publishing the correct ADDRESSES section in its entirety.

Federal Register, Volume 80 Issue 66 (Tuesday, April 7, 2015)
[Federal Register Volume 80, Number 66 (Tuesday, April 7, 2015)]
[Proposed Rules]
[Pages 18584-18585]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-08003]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 229

[Docket No. 150122067-5229-01]
RIN 0648-BE83


Taking of Marine Mammals Incidental to Commercial Fishing 
Operations; Atlantic Large Whale Take Reduction Plan Regulations; 
Correction

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments; correction.

-----------------------------------------------------------------------

SUMMARY: NMFS published a proposed rule in the Federal Register on 
March 19, 2015, to amend the regulations implementing the Atlantic 
Large Whale Take Reduction Plan. This action proposed to change the 
minimum number of traps per trawl to allow fishing with a single trap 
in certain Massachusetts and Rhode Island state waters; and proposed to 
modify the

[[Page 18585]]

requirement to use one endline on trawls within certain areas in 
Massachusetts state waters. NMFS also proposed a \1/4\ mile buffer in 
waters surrounding certain islands in Maine to allow fishing with a 
single trap. In addition, NMFS proposed additional gear marking 
requirements for those waters allowing single traps as well as two new 
high use areas for humpback whales (Megaptera novaeangliae) and North 
Atlantic right whales (Eubalaena glacialis). In that proposal, NMFS 
provided the wrong address for the submission of electronic comments. 
With this document, we correct our error by publishing the correct 
ADDRESSES section in its entirety.

DATES: We will accept comments on the March 19, 2015, (80 FR 14345) 
proposed rule that are received or postmarked on or before April 20, 
2015.

ADDRESSES: You may submit comments on the March 19, 2015, proposed 
rule, identified by NOAA-NMFS-2015-0012, by either of the following 
methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal.
    1. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2015-0012.
    2. Click the ``Comment Now!'' icon, complete the required fields.
    3. Enter or attach your comments.
     Mail: Submit written comments to Kim Damon-Randall, 
Assistant Regional Administrator for Protected Resources, NMFS Greater 
Atlantic Region, 55 Great Republic Dr., Gloucester, MA 01930, Attn: 
Large Whale Proposed Rule.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).

FOR FURTHER INFORMATION CONTACT: Kate Swails, NMFS Greater Atlantic 
Regional Fisheries Office, 978-282-8481, Kate.Swails@noaa.gov; or, 
Kristy Long, NMFS Office of Protected Resources, 206-526-4792, 
Kristy.Long@noaa.gov.

SUPPLEMENTARY INFORMATION:

Correction

    In a proposed rule that published in the Federal Register on March 
19, 2015 (FR Doc. 2015-06272), (80 FR 14345) the ADDRESSES section 
provided the wrong address for the submission of electronic comments. 
The corrected ADDRESSES section appears above. All other information in 
the proposed rule, other than the ADDRESSES section, remains exactly 
the same as previously published.

    Dated: March 27, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2015-08003 Filed 4-6-15; 8:45 am]
BILLING CODE 3510-22-P



                                                  18584                      Federal Register / Vol. 80, No. 66 / Tuesday, April 7, 2015 / Proposed Rules

                                                  ■ 29. Section 1850.104–4 is added to                       (d) This plan, as approved by the                    habitat of the Florida Manatee. The KSC
                                                  read as follows:                                         Contracting Officer, will be incorporated into         Environmental Management Branch will
                                                                                                           any resulting contract.                                advise all personnel associated with the
                                                  1850.104–4       Contract clause.                                                                               project of the potential presence of manatees
                                                    The contracting officer shall obtain                   (End of clause)                                        in the work area, and the need to avoid
                                                  the NASA Administrator’s approval                        ALTERNATE I (XX/XX)                                    collisions and/or harassment of the manatees.
                                                  prior to including clause 52.250–1 in a                                                                         Contractors shall ensure that all employees,
                                                                                                              As prescribed in 1823.7001(c)(1), delete the        subcontractors, and other individuals
                                                  contract.                                                first sentence in paragraph (a) of the basic           associated with this contract and who are
                                                                                                           provision and substitute the following:                involved in vessel operations, dockside work,
                                                  1850.104–70       [Removed]                                 The apparent low bidder, upon request by            and selected disassembly functions are aware
                                                  ■   30. Section 1850.104–70 is removed.                  the Contracting Officer, shall submit a                of the civil and criminal penalties for
                                                                                                           detailed safety and occupational health plan.          harming, harassing, or killing manatees.
                                                  PART 1852—SOLICITATION                                   The plan shall be submitted within the time              (b) All contractor personnel shall be
                                                  PROVISIONS AND CONTRACT                                  specified by the Contracting Officer. Failure          responsible for complying with all applicable
                                                  CLAUSES                                                  to submit an acceptable plan shall make the            Federal and/or state permits (e.g., Florida
                                                                                                           bidder ineligible for the award of a contract.         Department of Environmental Protection, St.
                                                  ■ 31. The authority citation for part
                                                                                                           ■ 33. Section 1852.233–70 is revised to                Johns River Water Management District, Fish
                                                  1852 is revised to read as follows:                                                                             & Wildlife Service) in performing water-
                                                                                                           read as follows:
                                                      Authority: 51 U.S.C. 20113(a).                                                                              related activities within the contract. Where
                                                                                                           1852.233–70       Protests to NASA.                    no Federal and/or state permits are required
                                                  ■ 32. Sections 1852.223–72 and
                                                                                                             As prescribed in 1833.106–70, insert                 for said contract, and the contract scope
                                                  1852.223–73 are revised to read as                                                                              requires activities within waters at KSC, the
                                                  follows:                                                 the following provision:
                                                                                                                                                                  Contractor shall obtain a KSC Manatee
                                                                                                           PROTESTS TO NASA (XX/XX)                               Protection Permit from the Environmental
                                                  1852.223–72       Safety and Health (Short
                                                  Form).                                                     (a) In lieu of a protest to the United States        Management Branch. All conditions of
                                                                                                           Government Accountability Office (GAO),                Federal, state, and/or KSC regulations and
                                                    As prescribed in 1823.7001(f), insert                                                                         permits for manatee protection shall be
                                                                                                           bidders or offerors may submit a protest
                                                  the following clause:                                    under 48 CFR part 33 (FAR part 33) directly            binding to the contract. Notification and
                                                  SAFETY AND HEALTH (SHORT FORM)                           to the Contracting Officer for consideration           coordination of all water related activities at
                                                  (XX/XX)                                                  by the Agency. Alternatively, bidders or               KSC will be done through the Environmental
                                                                                                           offerors may request an independent review             Management Branch.
                                                    (a) Safety is the freedom from those                                                                            (c) The Contractor shall incorporate the
                                                  conditions that can cause death, injury,                 by the Assistant Administrator for
                                                                                                           Procurement, who will serve as or designate            provisions of this clause in applicable
                                                  occupational illness; damage to or loss of                                                                      subcontracts.
                                                  equipment or property, or damage to the                  the official responsible for conducting an
                                                  environment. NASA is committed to                        independent review. Such reviews are
                                                                                                                                                                  (End of clause)
                                                  protecting the safety and health of the public,          separate and distinct from the Ombudsman
                                                                                                           Program described at 1815.7001.                        [FR Doc. 2015–07737 Filed 4–6–15; 8:45 am]
                                                  our team members, and those assets that the
                                                  Nation entrusts to the Agency.                             (b) Bidders or offerors shall specify                BILLING CODE 7510–13–P
                                                    (b) The Contractor shall have a                        whether they are submitting a protest to the
                                                  documented, comprehensive and effective                  Contracting Officer or requesting an
                                                  health and safety program with a proactive               independent review by the Assistant
                                                                                                                                                                  DEPARTMENT OF COMMERCE
                                                  process to identify, assess, and control                 Administrator for Procurement.
                                                  hazards and take all reasonable safety and                 (c) Protests to the Contracting Officer shall
                                                                                                                                                                  National Oceanic and Atmospheric
                                                  occupational health measures consistent with             be submitted to the address or email
                                                                                                           specified in the solicitation (email is an             Administration
                                                  standard industry practice in performing this
                                                  contract                                                 acceptable means for submitting a protest to
                                                    (c) The Contractor shall insert the                    the Contracting Officer). Alternatively,               50 CFR Part 229
                                                  substance of this clause, including this                 requests for independent review by the                 [Docket No. 150122067–5229–01]
                                                  paragraph (c) in subcontracts that exceed the            Assistant Administrator for Procurement
                                                  simplified acquisition threshold where work              shall be addressed to the Assistant                    RIN 0648–BE83
                                                  will be conducted completely or partly on                Administrator for Procurement, NASA
                                                  Federally-controlled facilities.                         Headquarters, Washington, DC 20456–0001.               Taking of Marine Mammals Incidental
                                                                                                                                                                  to Commercial Fishing Operations;
                                                  (End of clause)                                          (End of provision)                                     Atlantic Large Whale Take Reduction
                                                  1852.223–73       Safety and Health Plan.                ■ 34. Section 1852.247–71 is revised to                Plan Regulations; Correction
                                                    As prescribed in 1823.7001(c), insert                  read as follows:
                                                                                                                                                                  AGENCY:  National Marine Fisheries
                                                  the following clause:                                    1852.247–71       Protection of the Florida            Service (NMFS), National Oceanic and
                                                  SAFETY AND HEALTH PLAN (XX/XX)                           Manatee.                                               Atmospheric Administration (NOAA),
                                                    (a) The offeror shall submit a detailed                  As prescribed in 1847.7001, insert the               Commerce.
                                                  safety and occupational health plan as part              following clause:                                      ACTION: Proposed rule; request for
                                                  of its proposal. The plan shall include a                                                                       comments; correction.
                                                                                                           PROTECTION OF THE FLORIDA MANATEE
                                                  detailed discussion of the policies,
                                                  procedures, and techniques that will be used             (XX/XX)                                                SUMMARY:   NMFS published a proposed
                                                  to ensure the safety and occupational health               (a) Pursuant to the Endangered Species Act           rule in the Federal Register on March
rljohnson on DSK3VPTVN1PROD with PROPOSALS




                                                  of Contractor employees and to ensure the                of 1973 (Pub. L. 93–205), as amended, and              19, 2015, to amend the regulations
                                                  safety of all working conditions throughout              the Marine Mammals Protection Act of 1972              implementing the Atlantic Large Whale
                                                  the performance of the contract.                         (Pub. L. 92–522), the Florida Manatee                  Take Reduction Plan. This action
                                                    (b) The plan shall similarly address                   (Trichechus Manatus) has been designated an
                                                  subcontractor employee safety and                        endangered species, and the Indian River
                                                                                                                                                                  proposed to change the minimum
                                                  occupational health for those proposed                   Lagoon system within and adjacent to                   number of traps per trawl to allow
                                                  subcontracts or subcontract effort where the             National Aeronautics and Space                         fishing with a single trap in certain
                                                  work will be conducted completely or partly              Administration’s (NASA’s) Kennedy Space                Massachusetts and Rhode Island state
                                                  on a Federally-controlled facility                       Center (KSC) has been designated as a critical         waters; and proposed to modify the


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                                                                            Federal Register / Vol. 80, No. 66 / Tuesday, April 7, 2015 / Proposed Rules                                                 18585

                                                  requirement to use one endline on                         1. Go to www.regulations.gov/                        FOR FURTHER INFORMATION CONTACT:   Kate
                                                  trawls within certain areas in                          #!docketDetail;D=NOAA-NMFS-2015-                       Swails, NMFS Greater Atlantic Regional
                                                  Massachusetts state waters. NMFS also                   0012.                                                  Fisheries Office, 978–282–8481,
                                                  proposed a 1⁄4 mile buffer in waters                      2. Click the ‘‘Comment Now!’’ icon,                  Kate.Swails@noaa.gov; or, Kristy Long,
                                                  surrounding certain islands in Maine to                 complete the required fields.                          NMFS Office of Protected Resources,
                                                  allow fishing with a single trap. In                      3. Enter or attach your comments.                    206–526–4792, Kristy.Long@noaa.gov.
                                                  addition, NMFS proposed additional                        • Mail: Submit written comments to
                                                  gear marking requirements for those                     Kim Damon-Randall, Assistant Regional                  SUPPLEMENTARY INFORMATION:
                                                  waters allowing single traps as well as                 Administrator for Protected Resources,                 Correction
                                                  two new high use areas for humpback                     NMFS Greater Atlantic Region, 55 Great
                                                  whales (Megaptera novaeangliae) and                     Republic Dr., Gloucester, MA 01930,                      In a proposed rule that published in
                                                  North Atlantic right whales (Eubalaena                  Attn: Large Whale Proposed Rule.                       the Federal Register on March 19, 2015
                                                  glacialis). In that proposal, NMFS                        Instructions: Comments sent by any                   (FR Doc. 2015–06272), (80 FR 14345)
                                                  provided the wrong address for the                      other method, to any other address or                  the ADDRESSES section provided the
                                                  submission of electronic comments.                      individual, or received after the end of               wrong address for the submission of
                                                  With this document, we correct our                      the comment period, may not be                         electronic comments. The corrected
                                                  error by publishing the correct                         considered by NMFS. All comments                       ADDRESSES section appears above. All
                                                  ADDRESSES section in its entirety.                      received are a part of the public record               other information in the proposed rule,
                                                  DATES: We will accept comments on the                   and will generally be posted for public                other than the ADDRESSES section,
                                                  March 19, 2015, (80 FR 14345) proposed                  viewing on www.regulations.gov                         remains exactly the same as previously
                                                  rule that are received or postmarked on                 without change. All personal identifying               published.
                                                  or before April 20, 2015.                               information (e.g., name, address, etc.),
                                                                                                                                                                   Dated: March 27, 2015.
                                                  ADDRESSES: You may submit comments                      confidential business information, or
                                                  on the March 19, 2015, proposed rule,                   otherwise sensitive information                        Samuel D. Rauch III,
                                                  identified by NOAA–NMFS–2015–0012,                      submitted voluntarily by the sender will               Deputy Assistant Administrator for
                                                  by either of the following methods:                     be publicly accessible. NMFS will                      Regulatory Programs, National Marine
                                                     • Electronic Submission: Submit all                  accept anonymous comments (enter ‘‘N/                  Fisheries Service.
                                                  electronic public comments via the                      A’’ in the required fields if you wish to              [FR Doc. 2015–08003 Filed 4–6–15; 8:45 am]
                                                  Federal e-Rulemaking Portal.                            remain anonymous).                                     BILLING CODE 3510–22–P
rljohnson on DSK3VPTVN1PROD with PROPOSALS




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Document Created: 2018-02-21 10:05:15
Document Modified: 2018-02-21 10:05:15
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule; request for comments; correction.
DatesWe will accept comments on the March 19, 2015, (80 FR 14345) proposed rule that are received or postmarked on or before April 20, 2015.
ContactKate Swails, NMFS Greater Atlantic Regional Fisheries Office, 978-282-8481, [email protected]; or, Kristy Long, NMFS Office of Protected Resources, 206-526-4792, [email protected]
FR Citation80 FR 18584 
RIN Number0648-BE83

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