80_FR_51917 80 FR 51752 - Defense Federal Acquisition Regulation Supplement: Contractor Personnel Supporting U.S. Armed Forces Deployed Outside the United States (DFARS Case 2014-D023)

80 FR 51752 - Defense Federal Acquisition Regulation Supplement: Contractor Personnel Supporting U.S. Armed Forces Deployed Outside the United States (DFARS Case 2014-D023)

DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System

Federal Register Volume 80, Issue 165 (August 26, 2015)

Page Range51752-51754
FR Document2015-20875

DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to provide updates and clarifications regarding requirements for contractor personnel supporting U.S. Armed Forces deployed outside the United States.

Federal Register, Volume 80 Issue 165 (Wednesday, August 26, 2015) 
[Federal Register Volume 80, Number 165 (Wednesday, August 26, 2015)]
[Rules and Regulations]
[Pages 51752-51754]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-20875]


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

DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 225 and 252

[Docket No. 2015-0010]
RIN 0750-AI45


Defense Federal Acquisition Regulation Supplement: Contractor 
Personnel Supporting U.S. Armed Forces Deployed Outside the United 
States (DFARS Case 2014-D023)

AGENCY: Defense Acquisition Regulations System, Department of Defense 
(DoD).

ACTION: Final rule.

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

SUMMARY: DoD is issuing a final rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to provide updates and 
clarifications regarding requirements for contractor personnel 
supporting U.S. Armed Forces deployed outside the United States.

DATES: Effective August 26, 2015.

FOR FURTHER INFORMATION CONTACT: Ms. Julie Hammond, Telephone 571-372-
6174.

SUPPLEMENTARY INFORMATION: 

I. Background

    DoD published a proposed rule in the Federal Register at 80 FR 4850 
on January 29, 2015, to update the DFARS clause at 252.225-7040, 
Contractor Personnel Supporting U.S. Armed Forces Deployed Outside the 
United States. No public comments were submitted in response to the 
proposed rule.

II. Discussion and Analysis

    No changes are made to the substance of the final rule. Subsequent 
to the publication of the proposed rule, however, DFARS subpart 225.74 
was redesignated as DFARS 225.3 (see 80 FR

[[Page 51753]]

36900 published on June 26, 2015) to align with the coverage in the 
Federal Acquisition Regulation subpart 25.3. This final rule is updated 
accordingly to reflect these baseline changes.

III. Executive Orders 12866 and 13563

    Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess 
all costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). E.O. 
13563 emphasizes the importance of quantifying both costs and benefits, 
of reducing costs, of harmonizing rules, and of promoting flexibility. 
This is not a significant regulatory action and, therefore, was not 
subject to review under section 6(b) of E.O. 12866, Regulatory Planning 
and Review, dated September 30, 1993. This rule is not a major rule 
under 5 U.S.C. 804.

IV. Regulatory Flexibility Act

    A final regulatory flexibility analysis has been prepared 
consistent with the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., 
and is summarized as follows:
    The rule is needed make the following updates to the clause at the 
Defense Federal Acquisition Regulation Supplement (DFARS) 252.225-7040, 
Contractor Personnel Supporting U.S. Armed Forces Deployed Outside the 
United States--
     Remove ``humanitarian assistance operations'' from the 
list of applicable operations covered by the clause because it is a 
subset of ``peace operations'';
     Clarify that both contractors authorized to accompany the 
Force (CAAF) and non-CAAF personnel must be made aware of information 
related to sexual assault offenses;
     Clarify that the section on reporting alleged crimes does 
not create any rights or privileges that are not authorized by law or 
DoD policy;
     Update the reference for special area, country, and 
theater clearance requirements for deploying personnel;
     Update the form used to show vaccinations are current;
     Update the SPOT Web address; and,
     Add the title of DoD Instruction 3020.41.
    No comments were received from the public in response to the 
initial regulatory flexibility analysis.
    DoD does not expect this proposed rule to have a significant 
economic impact on a substantial number of small entities within the 
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq. The 
rule updates DFARS clause 252.225-7040, which is required for use in 
contracts that authorize contractor personnel to support U.S. Armed 
Forces deployed outside the United States in: (1) Contingency 
operations; (2) peace operations consistent with Joint Publication 3-
07.3; or (3) other military operations or military exercises, when 
designated by the combatant commander or as directed by the Secretary 
of Defense.
    According to the Federal Procurement Data System (FPDS), DoD 
awarded 506 contracts in fiscal year 2013 requiring performance 
overseas in support of contingency, humanitarian or peace operations. 
Of the 506 contracts, only 76 contracts (15%) were awarded to small 
businesses. At this time, there is no way of estimating how many 
contracts may be awarded requiring performance outside the United 
States in support of other military operations or exercises, when 
designated by the Combatant Commander. However, the number of small 
businesses awarded such contracts is expected to be minimal.
    The rule does not impose any additional reporting, recordkeeping, 
and other compliance requirements. DoD did not identify any 
alternatives that could meet the objectives of the rule.

V. Paperwork Reduction Act

    The rule contains information collection requirements that require 
the approval by the Office of Management and Budget under the Paperwork 
Reduction Act (44 U.S.C. chapter 35); however, these changes to the 
DFARS do not impose additional information collection requirements to 
the paperwork burden previously approved under OMB Control Number 0704-
0460, entitled Synchronized Predeployment and Operational Tracker 
(SPOT) System.

List of Subjects in 48 CFR Parts 225 and 252

    Government procurement.

Jennifer L. Hawes,
Editor, Defense Acquisition Regulations System.

    Therefore, 48 CFR parts 225 and 252 are amended as follows:

0
1. The authority citation for 48 CFR parts 225 and 252 continues to 
read as follows:

    Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.

PART 225--FOREIGN ACQUISITION


252.371-5  [Amended]

0
2. Amend section 225.371-5 by removing paragraph (a)(2) and 
redesignating paragraphs (a)(3) and (4) as paragraphs (a)(2) and (3), 
respectively.

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
3. Amend section 252.225-7040 by--
0
a. Removing the clause date ``(JUN 2015)'' and adding ``(AUG 2015)'' in 
its place;
0
b. Removing paragraph (b)(1)(ii) and redesignating paragraphs 
(b)(1)(iii) and (iv) as paragraphs (b)(1)(ii) and (iii), respectively;
0
c. In paragraph (d)(3) introductory text, removing ``CAAF are aware'' 
and adding ``CAAF and non-CAAF are aware'' in its place;
0
d. In paragraph (d)(3)(i), removing ``DoDD 6495.01'' and adding ``DoD 
Directive 6495.01'' in its place;
0
e. Adding paragraph (d)(5)(iii);
0
f. Revising paragraph (e)(1)(ii)(C)(3);
0
g. In paragraph (e)(1)(iv), removing ``DoD Directive 4500.54, Official 
Temporary Duty Abroad, and DoD 4500.54-G, DoD Foreign Clearance Guide'' 
and adding ``DoD Directive 4500.54E, DoD Foreign Clearance Program'' in 
its place;
0
h. In paragraph (g)(2), removing ``https://spot.altess.army.mil/
privacy.aspx'' and adding ``https://spot.dmdc.mil'' in its place;
0
i. In paragraph (j)(1), removing ``DoD Instruction 3020.41'' and adding 
``DoD Instruction 3020.41, Operational Contractor Support'' in its 
place;
0
j. In paragraph (j)(2), removing ``will-notify'' and adding ``will 
notify'' in its place; and
0
k. Removing paragraph (q)(2) and redesignating paragraphs (q)(3) and 
(4) as paragraphs (q)(2) and (3), respectively.
    The addition and revision read as follows:


252.225-7040  Contractor Personnel Supporting U.S. Armed Forces 
Deployed Outside the United States.

* * * * *
    (d) * * *
    (5) * * *
    (iii) That this section does not create any rights or privileges 
that are not authorized by law or DoD policy.
* * * * *
    (e) * * *
    (1) * * *
    (ii) * * *
    (C) * * *

[[Page 51754]]

    (3) All CAAF and selected non-CAAF, as specified in the statement 
of work, shall bring to the designated operational area a copy of the 
U.S. Centers for Disease Control and Prevention (CDC) Form 731, 
International Certificate of Vaccination or Prophylaxis as Approved by 
the World Health Organization, (also known as ``shot record'' or 
``Yellow Card'') that shows vaccinations are current.
* * * * *
[FR Doc. 2015-20875 Filed 8-25-15; 8:45 am]
BILLING CODE 5001-06-P

51752 Federal Register / Vol. 80, No. 165 / Wednesday, August 26, 2015 / Rules and Regulations amending the Defense Federal construction contracts to provide List of Subjects in 48 CFR Parts 225 and Acquisition Regulation Supplement opportunity for competition to 236 (DFARS) to implement a section of the American steel producers, fabricators, Government procurement. Military Construction and Veterans and manufacturers, and implement the Affairs and Related Agencies preference for award only to U.S. firms Jennifer L. Hawes, Appropriations Act, 2015, to require when awarding certain military Editor, Defense Acquisition Regulations offerors bidding on DoD military construction and architect-engineer System. construction contracts to provide contracts to be performed in countries Accordingly, the interim rule opportunity for competition to bordering the Arabian Gulf. amending 48 CFR parts 225 and 236, American steel producers, fabricators, which was published at 80 FR 15909 on and manufacturers; and restrict use of The objective of this rule is to implement sections 108, 111, and 112 of March 26, 2015, is adopted as a final military construction funds in certain rule without change. foreign countries, including countries the Military Construction and Veterans Affairs, and Related Agencies [FR Doc. 2015–20872 Filed 8–25–15; 8:45 am] that border the Arabian Gulf. DATES: Effective August 26, 2015. Appropriations Act, 2015 (division I of BILLING CODE 5001–06–P Pub. L. 113–235). This rule extends the FOR FURTHER INFORMATION CONTACT: Ms. applicability of the requirement to Julie Hammond, telephone 571–372– DEPARTMENT OF DEFENSE 6174. provide opportunity for competition to American steel producers, fabricators, Defense Acquisition Regulations SUPPLEMENTARY INFORMATION: and manufacturers, and revises the System I. Background preference for award to U.S. firms of military construction contracts that have 48 CFR Parts 225 and 252 DoD published an interim rule in the an estimated value greater than Federal Register at 80 FR 15909 on [Docket No. 2015–0010] March 26, 2015, to implement sections $1,000,000 and the restriction requiring 108, 111, and 112 of the Military award only to U.S. firms for architect- RIN 0750–AI45 Construction and Veterans Affairs and engineer contracts that have an estimated value greater than $500,000, Defense Federal Acquisition Related Agencies Appropriations Act, to make it applicable to contracts to be Regulation Supplement: Contractor 2015 (division I of the Consolidated and performed in a country bordering the Personnel Supporting U.S. Armed Further Continuing Resolution Arabian Gulf, rather than a country Forces Deployed Outside the United Appropriations Act, 2015, Pub. L. 113– bordering the Arabian Sea (as required States (DFARS Case 2014–D023) 235), enacted December 16, 2014. in earlier statutes). AGENCY: Defense Acquisition II. Discussion and Analysis No comments were received from the Regulations System, Department of There were no public comments public relative to the publication of the Defense (DoD). submitted in response to the interim initial regulatory flexibility analysis in ACTION: Final rule. rule. The interim rule has been the interim rule. converted to a final rule, without SUMMARY: DoD is issuing a final rule change. Section 108 will benefit any small amending the Defense Federal business entities involved in producing, Acquisition Regulation Supplement III. Executive Orders 12866 and 13563 fabricating, or manufacturing steel (DFARS) to provide updates and Executive Orders (E.O.s) 12866 and products to be used in military clarifications regarding requirements for 13563 direct agencies to assess all costs construction. Sections 111 and 112 will contractor personnel supporting U.S. and benefits of available regulatory only apply to a very limited number of Armed Forces deployed outside the alternatives and, if regulation is small entities—those entities that United States. necessary, to select regulatory submit offers in response to solicitations DATES: Effective August 26, 2015. approaches that maximize net benefits for military construction contracts that (including potential economic, FOR FURTHER INFORMATION CONTACT: Ms. have an estimated value greater than Julie Hammond, Telephone 571–372– environmental, public health and safety $1,000,000 and architect-engineer effects, distributive impacts, and 6174. contracts that have an estimated value equity). E.O. 13563 emphasizes the greater than $500,000, when the SUPPLEMENTARY INFORMATION: importance of quantifying both costs contracts are to be performed in and benefits, of reducing costs, of I. Background countries bordering the Arabian Gulf. harmonizing rules, and of promoting DoD published a proposed rule in the flexibility. This is not a significant The rule does not impose any Federal Register at 80 FR 4850 on regulatory action and, therefore, was not additional reporting, recordkeeping, and January 29, 2015, to update the DFARS subject to review under section 6(b) of other compliance requirements. clause at 252.225–7040, Contractor E.O. 12866, Regulatory Planning and No alternatives were identified that Personnel Supporting U.S. Armed Review, dated September 30, 1993. This will accomplish the objectives of the Forces Deployed Outside the United rule is not a major rule under 5 U.S.C. statutes and the rule. States. No public comments were 804. submitted in response to the proposed V. Paperwork Reduction Act rule. IV. Regulatory Flexibility Act rmajette on DSK7SPTVN1PROD with RULES A final regulatory flexibility analysis The rule does not contain any II. Discussion and Analysis has been prepared consistent with the information collection requirements that No changes are made to the substance Regulatory Flexibility Act, 5 U.S.C. 601, require the approval of the Office of of the final rule. Subsequent to the et seq., and is summarized as follows: Management and Budget under the publication of the proposed rule, This rule is necessary to require Paperwork Reduction Act (44 U.S.C. however, DFARS subpart 225.74 was offerors bidding on DoD military chapter 35). redesignated as DFARS 225.3 (see 80 FR VerDate Sep<11>2014 12:34 Aug 25, 2015 Jkt 235001 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 E:\FR\FM\26AUR1.SGM 26AUR1

Federal Register / Vol. 80, No. 165 / Wednesday, August 26, 2015 / Rules and Regulations 51753 36900 published on June 26, 2015) to Regulatory Flexibility Act, 5 U.S.C. 601, PART 225—FOREIGN ACQUISITION align with the coverage in the Federal et seq. The rule updates DFARS clause Acquisition Regulation subpart 25.3. 252.225–7040, which is required for use 252.371–5 [Amended] This final rule is updated accordingly to in contracts that authorize contractor ■ 2. Amend section 225.371–5 by reflect these baseline changes. personnel to support U.S. Armed Forces removing paragraph (a)(2) and III. Executive Orders 12866 and 13563 deployed outside the United States in: redesignating paragraphs (a)(3) and (4) (1) Contingency operations; (2) peace as paragraphs (a)(2) and (3), Executive Orders (E.O.s) 12866 and operations consistent with Joint respectively. 13563 direct agencies to assess all costs Publication 3–07.3; or (3) other military and benefits of available regulatory PART 252—SOLICITATION operations or military exercises, when alternatives and, if regulation is PROVISIONS AND CONTRACT necessary, to select regulatory designated by the combatant CLAUSES approaches that maximize net benefits commander or as directed by the (including potential economic, Secretary of Defense. ■ 3. Amend section 252.225–7040 by— environmental, public health and safety According to the Federal Procurement ■ a. Removing the clause date ‘‘(JUN effects, distributive impacts, and Data System (FPDS), DoD awarded 506 2015)’’ and adding ‘‘(AUG 2015)’’ in its equity). E.O. 13563 emphasizes the contracts in fiscal year 2013 requiring place; importance of quantifying both costs performance overseas in support of ■ b. Removing paragraph (b)(1)(ii) and and benefits, of reducing costs, of contingency, humanitarian or peace redesignating paragraphs (b)(1)(iii) and harmonizing rules, and of promoting operations. Of the 506 contracts, only 76 (iv) as paragraphs (b)(1)(ii) and (iii), flexibility. This is not a significant contracts (15%) were awarded to small respectively; regulatory action and, therefore, was not ■ c. In paragraph (d)(3) introductory businesses. At this time, there is no way subject to review under section 6(b) of text, removing ‘‘CAAF are aware’’ and of estimating how many contracts may E.O. 12866, Regulatory Planning and adding ‘‘CAAF and non-CAAF are be awarded requiring performance aware’’ in its place; Review, dated September 30, 1993. This outside the United States in support of rule is not a major rule under 5 U.S.C. ■ d. In paragraph (d)(3)(i), removing other military operations or exercises, ‘‘DoDD 6495.01’’ and adding ‘‘DoD 804. when designated by the Combatant Directive 6495.01’’ in its place; IV. Regulatory Flexibility Act Commander. However, the number of ■ e. Adding paragraph (d)(5)(iii); A final regulatory flexibility analysis small businesses awarded such ■ f. Revising paragraph (e)(1)(ii)(C)(3); has been prepared consistent with the contracts is expected to be minimal. ■ g. In paragraph (e)(1)(iv), removing Regulatory Flexibility Act, 5 U.S.C. 601, The rule does not impose any ‘‘DoD Directive 4500.54, Official et seq., and is summarized as follows: additional reporting, recordkeeping, and Temporary Duty Abroad, and DoD The rule is needed make the following other compliance requirements. DoD 4500.54–G, DoD Foreign Clearance updates to the clause at the Defense did not identify any alternatives that Guide’’ and adding ‘‘DoD Directive Federal Acquisition Regulation could meet the objectives of the rule. 4500.54E, DoD Foreign Clearance Supplement (DFARS) 252.225–7040, Program’’ in its place; Contractor Personnel Supporting U.S. V. Paperwork Reduction Act ■ h. In paragraph (g)(2), removing Armed Forces Deployed Outside the ‘‘https://spot.altess.army.mil/ The rule contains information privacy.aspx’’ and adding ‘‘https:// United States— • Remove ‘‘humanitarian assistance collection requirements that require the spot.dmdc.mil’’ in its place; operations’’ from the list of applicable approval by the Office of Management ■ i. In paragraph (j)(1), removing ‘‘DoD operations covered by the clause and Budget under the Paperwork Instruction 3020.41’’ and adding ‘‘DoD because it is a subset of ‘‘peace Reduction Act (44 U.S.C. chapter 35); Instruction 3020.41, Operational operations’’; however, these changes to the DFARS Contractor Support’’ in its place; • Clarify that both contractors do not impose additional information ■ j. In paragraph (j)(2), removing ‘‘will- authorized to accompany the Force collection requirements to the notify’’ and adding ‘‘will notify’’ in its (CAAF) and non-CAAF personnel must paperwork burden previously approved place; and be made aware of information related to under OMB Control Number 0704–0460, ■ k. Removing paragraph (q)(2) and sexual assault offenses; entitled Synchronized Predeployment redesignating paragraphs (q)(3) and (4) • Clarify that the section on reporting and Operational Tracker (SPOT) as paragraphs (q)(2) and (3), alleged crimes does not create any rights System. respectively. or privileges that are not authorized by The addition and revision read as law or DoD policy; List of Subjects in 48 CFR Parts 225 and follows: • Update the reference for special 252 area, country, and theater clearance 252.225–7040 Contractor Personnel Government procurement. Supporting U.S. Armed Forces Deployed requirements for deploying personnel; Outside the United States. • Update the form used to show Jennifer L. Hawes, vaccinations are current; * * * * * Editor, Defense Acquisition Regulations (d) * * * • Update the SPOT Web address; and, System. • Add the title of DoD Instruction (5) * * * 3020.41. Therefore, 48 CFR parts 225 and 252 (iii) That this section does not create any rights or privileges that are not rmajette on DSK7SPTVN1PROD with RULES No comments were received from the are amended as follows: public in response to the initial authorized by law or DoD policy. ■ 1. The authority citation for 48 CFR regulatory flexibility analysis. * * * * * DoD does not expect this proposed parts 225 and 252 continues to read as (e) * * * rule to have a significant economic follows: (1) * * * impact on a substantial number of small Authority: 41 U.S.C. 1303 and 48 CFR (ii) * * * entities within the meaning of the chapter 1. (C) * * * VerDate Sep<11>2014 12:34 Aug 25, 2015 Jkt 235001 PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 E:\FR\FM\26AUR1.SGM 26AUR1

51754 Federal Register / Vol. 80, No. 165 / Wednesday, August 26, 2015 / Rules and Regulations (3) All CAAF and selected non-CAAF, ADDRESSES: NMFS developed an baselines will eliminate the need for as specified in the statement of work, environmental assessment (EA) for this owners to get a marine survey of their shall bring to the designated operational action that describes the action and vessel prior to any permit replacement area a copy of the U.S. Centers for other considered alternatives and or upgrade transactions. Disease Control and Prevention (CDC) provides a thorough analysis of the This final rule removes the one-time Form 731, International Certificate of impacts of these measures. Copies of the limit on vessel upgrades. Eliminating Vaccination or Prophylaxis as Approved Amendment, the EA, and the small the one-time upgrade limit will provide by the World Health Organization, (also entity compliance guide are available more flexibility for vessel owners in the known as ‘‘shot record’’ or ‘‘Yellow upon request from John K. Bullard, selection of replacement vessels and Card’’) that shows vaccinations are Regional Administrator, NMFS, Greater upgrades to existing vessels. Eliminating current. Atlantic Regional Fisheries Office, 55 the one-time limit will also simplify the * * * * * Great Republic Drive, Gloucester, MA baseline verification and vessel [FR Doc. 2015–20875 Filed 8–25–15; 8:45 am] 01930–2298, or available on the Internet replacement process for vessel owners BILLING CODE 5001–06–P at: http:// and NMFS by eliminating the need to www.greateratlantic.fisheries.noaa.gov/ research and document whether a vessel mediacenter/ongoing/omnibus_ owner used the one-time upgrade amendment_to_simplify_vessel_ during the vessel’s entire limited access DEPARTMENT OF COMMERCE history. baselines.html. The Baseline Amendment National Oceanic and Atmospheric FOR FURTHER INFORMATION CONTACT: implemented by this final rule does not Administration Travis Ford, Fishery Policy Analyst, modify any other baseline specifications 978–281–9233. or measures. 50 CFR Part 648 SUPPLEMENTARY INFORMATION: This final rule also removes the [Docket No: 110907562–5681–03] Background requirement for vessels to send in negative fishing reports (i.e., ‘‘did not RIN 0648–BB40 The New England and Mid-Atlantic fish’’ reports) during months or weeks Fishery Management Councils when vessels are inactive. This change Magnuson-Stevens Fishery submitted the Baseline Amendment to in reporting requirements was not part Conservation and Management Act NMFS for approval at their November of the Baseline Amendment. We are Provisions; Fisheries of the 18, 2014, and October 8, 2014, meetings, removing this requirement under the Northeastern United States; Omnibus respectively. We prepared the Secretary’s authority at section 305(d) of Amendment To Simplify Vessel amendment on behalf of the Councils. the Magnuson-Stevens Act to Baselines We reviewed and finalized the promulgate regulations necessary to amendment document to ensure carry out Councils’ amendments AGENCY: National Marine Fisheries consistency with the Magnuson-Stevens Service (NMFS), National Oceanic and consistently with the Act. Eliminating Fishery Conservation and Management this requirement simplifies the Atmospheric Administration (NOAA), Act (Magnuson-Stevens Act), the fishery Commerce. regulations and reduces reporting management plans that have vessel burdens for the industry. In the past, ACTION: Final rule. baseline requirements, and other these negative fishing reports were applicable laws. NMFS has approved necessary to aid in data matching and SUMMARY: This final rule announces the the Baseline Amendment in its entirety. quota monitoring. In recent years, we approval of the Omnibus Amendment to Baseline regulations currently require updated our monitoring systems at the the Fishery Management Plans of the that a replacement vessel or an upgrade Greater Atlantic Regional Fisheries Northeastern United States and made to an existing vessel with a Office and these negative fishing reports implements the amendment’s approved limited access permit be within 10 are no longer necessary. Vessels that management measures to simplify percent of the size (i.e., length, gross fish will still be required to report all vessel baselines. The Baseline tonnage, and net tonnage) and 20 trips on a monthly or weekly basis, Amendment eliminates the one-time percent of the horsepower of the depending on permits that they retain. limit on vessel upgrades and removes permit’s baseline vessel. In addition, Comments and Responses gross and net tonnages from the vessel regulations limit permit holders to a NMFS received two comment letters baseline specifications that NMFS one-time upgrade of the vessel size and in response to the proposed rule from considers when determining a vessel’s horsepower specifications. the Atlantic Offshore Lobstermen’s baseline for replacement purposes. This final rule eliminates gross and Association and Lund’s Fisheries Implementing these measures reduces net tonnage from the baseline Incorporated. We provide responses the administrative burden to permit specifications that NMFS considers below to the issues these commenters holders and NMFS and has little effect when determining a vessel’s baseline for raised. NMFS may only approve, on fleet capacity. replacement purposes. Both the disapprove, or partially approve This rule also removes the Councils and NMFS consider tonnages measures in the Baseline Amendment, requirement for vessels to send in the most variable of vessel baseline and cannot substantively amend, add, or negative fishing reports (i.e., ‘‘did not specifications and; therefore, they have delete measures beyond what is fish’’ reports) during months or weeks little effect on limiting vessel capacity necessary under section 305(d) of the when vessels were inactive. NMFS no when compared to length and Magnuson-Stevens Act to discharge its longer needs these reports due to horsepower restrictions. Eliminating rmajette on DSK7SPTVN1PROD with RULES responsibility to carry out such improved trip-level matching. tonnages simplifies the vessel baseline measures. Therefore, NMFS removes this verification and replacement process. In Comment 1: Atlantic Offshore requirement to simplify the regulations addition, it could reduce the cost Lobstermen’s Association was and reduce reporting burdens for the burden on the industry if vessel owners supportive of this action, but it was industry. only need horsepower verification concerned that the changes in the DATES: Effective August 26, 2015. because eliminating the tonnage Baseline Amendment could encourage VerDate Sep<11>2014 12:34 Aug 25, 2015 Jkt 235001 PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 E:\FR\FM\26AUR1.SGM 26AUR1


Document Created: 2015-12-15 10:58:47
Document Modified: 2015-12-15 10:58:47
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective August 26, 2015.
ContactMs. Julie Hammond, Telephone 571-372- 6174.
FR Citation80 FR 51752 
RIN Number0750-AI45
CFR Citation48 CFR 225
48 CFR 252
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