80 FR 37180 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2015 Commercial Accountability Measure and Closure for South Atlantic Snowy Grouper
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 80, Issue 125 (June 30, 2015)
National Oceanic and Atmospheric Administration
Federal Register Volume 80, Issue 125 (June 30, 2015)
| Page Range | 37180-37181 | |
| FR Document | 2015-16017 |
[Federal Register Volume 80, Number 125 (Tuesday, June 30, 2015)] [Rules and Regulations] [Pages 37180-37181] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-16017] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 0907271173-0629-03] RIN 0648-XE003 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2015 Commercial Accountability Measure and Closure for South Atlantic Snowy Grouper AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. ----------------------------------------------------------------------- SUMMARY: NMFS implements accountability measures (AMs) for commercial snowy grouper in the exclusive economic zone (EEZ) of the South Atlantic. NMFS projects [[Page 37181]] commercial landings for snowy grouper will reach the commercial annual catch limit (ACL) (commercial quota) by June 30, 2015. Therefore, NMFS closes the commercial sector for snowy grouper in the South Atlantic EEZ on June 30, 2015, and it will remain closed until the start of the next fishing season on January 1, 2016. This closure is necessary to protect the snowy grouper resource. DATES: This rule is effective 12:01 a.m., local time, June 30, 2015, until 12:01 a.m., local time, January 1, 2016. FOR FURTHER INFORMATION CONTACT: Catherine Hayslip, NMFS Southeast Regional Office, telephone: 727-824-5305, email: catherine.hayslip@noaa.gov. SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South Atlantic includes snowy grouper and is managed under the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic Region (FMP). The FMP was prepared by the South Atlantic Fishery Management Council and is implemented by NMFS under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson- Stevens Act) by regulations at 50 CFR part 622. The commercial ACL (equivalent to the commercial quota) for snowy grouper in the South Atlantic is 82,900 lb (37,603 kg), gutted weight, for the current fishing year, January 1 through December 31, 2015, as specified in 50 CFR 622.190(a)(1). Under 50 CFR 622.193(b)(1), NMFS is required to close the commercial sector for snowy grouper when the commercial ACL (commercial quota) is reached, or is projected to be reached, by filing a notification to that effect with the Office of the Federal Register. NMFS projects that commercial landings of South Atlantic snowy grouper, as estimated by the Science and Research Director, will reach the commercial ACL by June 30, 2015. Accordingly, the commercial sector for South Atlantic snowy grouper is closed effective 12:01 a.m., local time, June 30, 2015, until 12:01 a.m., local time, January 1, 2016. The operator of a vessel with a valid commercial vessel permit for South Atlantic snapper-grouper having snowy grouper on board must have landed and bartered, traded, or sold such snowy grouper prior to 12:01 a.m., local time, June 30, 2015. During the commercial closure, harvest and possession of snowy grouper in or from the South Atlantic EEZ is limited to the bag and possession limits, as specified in Sec. 622.187(b)(2)(ii) and (c)(1). Also during the commercial closure, the sale or purchase of snowy grouper taken from the EEZ is prohibited. The prohibition on sale or purchase does not apply to the sale or purchase of snowy grouper that were harvested, landed ashore, and sold prior to 12:01 a.m., local time, June 30, 2015, and were held in cold storage by a dealer or processor. For a person on board a vessel for which a Federal commercial or charter vessel/headboat permit for the South Atlantic snapper-grouper fishery has been issued, the bag and possession limits and the sale and purchase provisions of the commercial closure for snowy grouper would apply regardless of whether the fish are harvested in state or Federal waters, as specified in 50 CFR 622.190(c)(1)(ii). Classification The Regional Administrator, Southeast Region, NMFS, has determined this temporary rule is necessary for the conservation and management of snowy grouper and the South Atlantic snapper-grouper fishery and is consistent with the Magnuson-Stevens Act and other applicable laws. This action is taken under 50 CFR 622.193(b)(1) and is exempt from review under Executive Order 12866. These measures are exempt from the procedures of the Regulatory Flexibility Act, because the temporary rule is issued without opportunity for prior notice and comment. This action responds to the best scientific information available. The Assistant Administrator for Fisheries, NOAA (AA), finds that the need to immediately implement this action to close the commercial sector for snowy grouper constitutes good cause to waive the requirements to provide prior notice and opportunity for public comment pursuant to the authority set forth in 5 U.S.C. 553(b)(B), as such procedures would be unnecessary and contrary to the public interest. Such procedures are unnecessary because the rule itself has been subject to notice and comment, and all that remains is to notify the public of the closure. Such procedures are contrary to the public interest because of the need to immediately implement this action to protect snowy grouper since the capacity of the fishing fleet allows for rapid harvest of the commercial ACL (commercial quota). Prior notice and opportunity for public comment would require time and would potentially result in a harvest well in excess of the established commercial ACL (commercial quota). For the aforementioned reasons, the AA also finds good cause to waive the 30-day delay in the effectiveness of this action under 5 U.S.C. 553(d)(3). Authority: 16 U.S.C. 1801 et seq. Dated: June 25, 2015. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2015-16017 Filed 6-25-15; 4:15 pm] BILLING CODE 3510-22-P
![37180 Federal Register / Vol. 80, No. 125 / Tuesday, June 30, 2015 / Rules and Regulations
PART 1609—CONTRACTOR (1) Clinical quality. OPM will PART 1652—CONTRACT CLAUSES
QUALIFICATIONS consider elements within such domains
as preventive care, chronic disease ■ 8. The authority citation for part 1652
■ 1. The authority citation for part 1609 management, medication use, and continues to read as follows:
continues to read as follows: behavioral health. This factor Authority: 5 U.S.C. 8913; 40 U.S.C. 486(c);
Authority: 5 U.S.C. 8913; 40 U.S.C. 486(c); incorporates elements from the FAR 48 CFR 1.301.
48 CFR 1.301. factor ‘‘contractor effort.’’
(2) Customer service. OPM will ■ 9. In section 1652.232–70, revise the
Subpart 1609.71—[Removed] consider elements within such domains introductory text and paragraph (a) and
as communication, access, claims, and remove paragraph (f). The revisions read
■ 2. Remove subpart 1609.71. member experience/engagement. This as follows:
PART 1615—CONTRACTING BY factor incorporates elements of the FAR 1652.232–70 Payments—Community-rated
NEGOTIATION factor ‘‘contractor effort.’’ contracts.
(3) Resource use. OPM will consider As prescribed in 1632.171, the
■ 3. The authority citation for part 1615 elements within such domains as following clause shall be inserted in all
continues to read as follows: utilization management, administrative, community-rated FEHBP contracts:
Authority: 5 U.S.C. 8913; 40 U.S.C. 486(c);
and cost trends. This factor incorporates
elements of the FAR factors ‘‘contractor Payments (JAN 2000)
48 CFR 1.301.
effort,’’ ‘‘contract cost risk,’’ and ‘‘cost (a) OPM will pay to the Carrier, in full
■ 4. In section 1615.404–4, paragraph control and other past settlement of its obligations under this
(a) is revised to read as follows: accomplishments.’’ contract, subject to adjustment for error
(4) Contract oversight. OPM will or fraud, the subscription charges
1615.404–4 Profit.
consider an assessment of contract received for the plan by the Employees
(a) When the pricing of FEHB Program performance in specific areas such as Health Benefits Fund (hereinafter called
contracts is determined by cost analysis audit findings, fraud/waste/abuse, and the Fund) less the amounts set aside by
(experience-rated) or by a combination responsiveness to OPM, benefits/ OPM for the Contingency Reserve and
of cost and price analysis (community network management, contract for the administrative expenses of OPM,
rated), OPM will determine a compliance, technology management, amounts for obligations due pursuant to
performance based percentage of the data security, and Federal paragraph (b) of this clause and the
price using a weighted guidelines socioeconomic programs. This factor performance adjustment described at
structured approach based on the profit could incorporate any of the FAR profit 1615.404–4, plus any payments made by
analysis factors described in 1615.404– analysis factors listed at 15.404– OPM from the Contingency Reserve.
70. For experience-rated plans, OPM 4(d)(1)(i)–(vi). * * * * *
will use the performance based
(b) The sum of the maximum scores
percentage so determined to develop the 1652.232–71 [Amended]
for the profit analysis factors will be 1
profit or fee prenegotiation objective,
percent. ■ 10. In section 1652.232–71, remove
which will be the total profit (service
paragraph (f).
charge) negotiated for the contract. For PART 1632—CONTRACT FINANCING
community-rated plans, OPM will use [FR Doc. 2015–15988 Filed 6–29–15; 8:45 am]
the performance based percentage so ■ 6. The authority citation for part 1632 BILLING CODE 6325–63–P
determined to develop an adjustment to continues to read as follows:
net-to-carrier premiums, (performance
Authority: 5 U.S.C. 8913; 40 U.S.C. 486(c);
adjustment) to be made during the first 48 CFR 1.301. DEPARTMENT OF COMMERCE
quarter of the following contract period.
* * * * * ■ 7. In section 1632.170, paragraph National Oceanic and Atmospheric
(a)(2) is revised to read as follows: Administration
■ 5. Section 1615.404–70 is revised to
read as follows: 1632.170 Recurring premium payments to 50 CFR Part 622
carriers.
1615.404–70 Profit analysis factors. [Docket No. 0907271173–0629–03]
(a) OPM Contracting Officers will (a) * * *
apply a weighted guidelines method in (2) The difference between one RIN 0648–XE003
developing the performance based percent and the performance based
percentage of the contract price Fisheries of the Caribbean, Gulf of
percentage for FEHB Program contracts.
described at 1615.404–4 will be Mexico, and South Atlantic; 2015
For experience-rated plans, the
multiplied by the carrier’s subscription Commercial Accountability Measure
performance based percentage will be
income for the year of performance and and Closure for South Atlantic Snowy
applied to projected incurred claims
the resulting amount (performance Grouper
and allowable administrative expenses.
For community-rated plans, the adjustment) will be withheld from the AGENCY: National Marine Fisheries
performance based percentage will be net-to-carrier premium disbursement Service (NMFS), National Oceanic and
applied to subscription income and will during the first quarter of the following Atmospheric Administration (NOAA),
asabaliauskas on DSK5VPTVN1PROD with RULES
be used to calculate a performance contract period unless an alternative Commerce.
adjustment to net-to-carrier premiums, payment arrangement is made with the
ACTION: Temporary rule; closure.
as described at 48 CFR 1632.170(a)(2), to carrier’s Contracting Officer. Amounts
be made during the first quarter of the withheld from a community rated plan’s SUMMARY: NMFS implements
following contract period. In the context premium disbursement will be accountability measures (AMs) for
of the factors outlined in FAR 15.404– deposited into the plan’s Contingency commercial snowy grouper in the
4(d), OPM will assess performance of Reserve. exclusive economic zone (EEZ) of the
FEHB carriers according to four factors. * * * * * South Atlantic. NMFS projects
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![Federal Register / Vol. 80, No. 125 / Tuesday, June 30, 2015 / Rules and Regulations 37181
commercial landings for snowy grouper during the commercial closure, the sale 30-day delay in the effectiveness of this
will reach the commercial annual catch or purchase of snowy grouper taken action under 5 U.S.C. 553(d)(3).
limit (ACL) (commercial quota) by June from the EEZ is prohibited. The Authority: 16 U.S.C. 1801 et seq.
30, 2015. Therefore, NMFS closes the prohibition on sale or purchase does not
commercial sector for snowy grouper in apply to the sale or purchase of snowy Dated: June 25, 2015.
the South Atlantic EEZ on June 30, grouper that were harvested, landed Jennifer M. Wallace,
2015, and it will remain closed until the ashore, and sold prior to 12:01 a.m., Acting Director, Office of Sustainable
start of the next fishing season on local time, June 30, 2015, and were held Fisheries, National Marine Fisheries Service.
January 1, 2016. This closure is in cold storage by a dealer or processor. [FR Doc. 2015–16017 Filed 6–25–15; 4:15 pm]
necessary to protect the snowy grouper For a person on board a vessel for BILLING CODE 3510–22–P
resource. which a Federal commercial or charter
DATES: This rule is effective 12:01 a.m., vessel/headboat permit for the South
local time, June 30, 2015, until 12:01 Atlantic snapper-grouper fishery has DEPARTMENT OF COMMERCE
a.m., local time, January 1, 2016. been issued, the bag and possession
National Oceanic and Atmospheric
FOR FURTHER INFORMATION CONTACT: limits and the sale and purchase
Administration
Catherine Hayslip, NMFS Southeast provisions of the commercial closure for
Regional Office, telephone: 727–824– snowy grouper would apply regardless
50 CFR Part 648
5305, email: catherine.hayslip@ of whether the fish are harvested in state
noaa.gov. or Federal waters, as specified in 50 [Docket No. 140117052–4402–02]
SUPPLEMENTARY INFORMATION: The
CFR 622.190(c)(1)(ii). RIN 0648–XD985
snapper-grouper fishery of the South Classification
Atlantic includes snowy grouper and is Fisheries of the Northeastern United
managed under the Fishery The Regional Administrator, States; Summer Flounder Fishery;
Management Plan for the Snapper- Southeast Region, NMFS, has Quota Transfer
Grouper Fishery of the South Atlantic determined this temporary rule is
necessary for the conservation and AGENCY: National Marine Fisheries
Region (FMP). The FMP was prepared Service (NMFS), National Oceanic and
by the South Atlantic Fishery management of snowy grouper and the
South Atlantic snapper-grouper fishery Atmospheric Administration (NOAA),
Management Council and is Commerce.
implemented by NMFS under the and is consistent with the Magnuson-
Stevens Act and other applicable laws. ACTION: Temporary rule; quota transfer.
authority of the Magnuson-Stevens
Fishery Conservation and Management This action is taken under 50 CFR
622.193(b)(1) and is exempt from review SUMMARY: NMFS announces that the
Act (Magnuson-Stevens Act) by State of North Carolina is transferring a
regulations at 50 CFR part 622. under Executive Order 12866.
These measures are exempt from the portion of its 2015 commercial summer
The commercial ACL (equivalent to flounder quota to the Commonwealth of
the commercial quota) for snowy procedures of the Regulatory Flexibility
Act, because the temporary rule is Virginia. These quota adjustments are
grouper in the South Atlantic is 82,900 necessary to comply with the Summer
lb (37,603 kg), gutted weight, for the issued without opportunity for prior
notice and comment. Flounder, Scup, and Black Sea Bass
current fishing year, January 1 through Fishery Management Plan quota transfer
December 31, 2015, as specified in 50 This action responds to the best
provision. This announcement is
CFR 622.190(a)(1). scientific information available. The
intended to inform the public of the
Under 50 CFR 622.193(b)(1), NMFS is Assistant Administrator for Fisheries,
revised commercial quota for each state
required to close the commercial sector NOAA (AA), finds that the need to
involved.
for snowy grouper when the commercial immediately implement this action to
close the commercial sector for snowy DATES: Effective June 29, 2015, through
ACL (commercial quota) is reached, or
is projected to be reached, by filing a grouper constitutes good cause to waive December 31, 2015.
notification to that effect with the Office the requirements to provide prior notice FOR FURTHER INFORMATION CONTACT: Reid
of the Federal Register. NMFS projects and opportunity for public comment Lichwell, Fishery Management
that commercial landings of South pursuant to the authority set forth in 5 Specialist, 978–281–9112.
Atlantic snowy grouper, as estimated by U.S.C. 553(b)(B), as such procedures SUPPLEMENTARY INFORMATION:
the Science and Research Director, will would be unnecessary and contrary to Regulations governing the summer
reach the commercial ACL by June 30, the public interest. Such procedures are flounder fishery are in 50 CFR 648.100
2015. Accordingly, the commercial unnecessary because the rule itself has through 50 CFR 648.110. These
sector for South Atlantic snowy grouper been subject to notice and comment, regulations require annual specification
is closed effective 12:01 a.m., local time, and all that remains is to notify the of a commercial quota that is
June 30, 2015, until 12:01 a.m., local public of the closure. Such procedures apportioned among the coastal states
time, January 1, 2016. are contrary to the public interest from North Carolina through Maine. The
The operator of a vessel with a valid because of the need to immediately process to set the annual commercial
commercial vessel permit for South implement this action to protect snowy quota and the percent allocated to each
Atlantic snapper-grouper having snowy grouper since the capacity of the fishing state are described in § 648.10(c)(1)(i).
grouper on board must have landed and fleet allows for rapid harvest of the The final rule implementing
asabaliauskas on DSK5VPTVN1PROD with RULES
bartered, traded, or sold such snowy commercial ACL (commercial quota). Amendment 5 to the Summer Flounder,
grouper prior to 12:01 a.m., local time, Prior notice and opportunity for public Scup, and Black Sea Bass Fishery
June 30, 2015. During the commercial comment would require time and would Management Plan provided a
closure, harvest and possession of potentially result in a harvest well in mechanism for summer flounder quota
snowy grouper in or from the South excess of the established commercial to be transferred from one state to
Atlantic EEZ is limited to the bag and ACL (commercial quota). another (December 17, 1993; 58 FR
possession limits, as specified in For the aforementioned reasons, the 65936). Two or more states, under
§ 622.187(b)(2)(ii) and (c)(1). Also AA also finds good cause to waive the mutual agreement and with the
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Document Created: 2018-02-22 11:17:01
Document Modified: 2018-02-22 11:17:01
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Temporary rule; closure. | |
| Dates | This rule is effective 12:01 a.m., local time, June 30, 2015, until 12:01 a.m., local time, January 1, 2016. | |
| Contact | Catherine Hayslip, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected] | |
| FR Citation | 80 FR 37180 | |
| RIN Number | 0648-XE00 |
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