81 FR 75345 - Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish by Vessels Using Trawl Gear in the of the Gulf of Alaska

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 210 (October 31, 2016)

Page Range		75345-75346
FR Document		2016-26221

NMFS is opening directed fishing for groundfish by vessels using trawl gear in the Gulf of Alaska (GOA). This action is necessary to fully use the 2016 groundfish total allowable catch in the GOA.

Federal Register, Volume 81 Issue 210 (Monday, October 31, 2016)

[Federal Register Volume 81, Number 210 (Monday, October 31, 2016)]
[Rules and Regulations]
[Pages 75345-75346]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-26221]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 150818742-6210-02]
RIN 0648-XF007


Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish 
by Vessels Using Trawl Gear in the of the Gulf of Alaska

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

ACTION: Temporary rule; opening.

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SUMMARY: NMFS is opening directed fishing for groundfish by vessels 
using trawl gear in the Gulf of Alaska (GOA). This action is necessary 
to fully use the 2016 groundfish total allowable catch in the GOA.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), October 28, 
2016, through 2400 hours, A.l.t., December 31, 2016.
    Comments must be received at the following address no later than 
4:30 p.m., A.l.t., November 15, 2016.

ADDRESSES: You may submit comments on this document, identified by FDMS 
Docket Number NOAA-NMFS-2015-0110, by any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to

[[Page 75346]]

www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2015-0110, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Address written comments to Glenn Merrill, Assistant 
Regional Administrator, Sustainable Fisheries Division, Alaska Region 
NMFS, Attn: Ellen Sebastian. Mail comments to P.O. Box 21668, Juneau, 
AK 99802-1668.
    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), 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). 
Attachments to electronic comments will be accepted in Microsoft Word, 
Excel, or Adobe PDF file formats only.

FOR FURTHER INFORMATION CONTACT: Josh Keaton 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
GOA exclusive economic zone according to the Fishery Management Plan 
for Groundfish of the Gulf of Alaska (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.
    NMFS prohibited directed fishing for groundfish by vessels using 
trawl gear in the GOA, effective 1200 hours, A.l.t., October 22, 2016 
(81 FR 74313) under Sec.  679.21(d)(6)(i). That action was necessary 
because the annual prohibited species catch (PSC) limit for Pacific 
halibut specified for vessels using trawl gear in the GOA was reached.
    As of October 25, 2016, NMFS has determined that approximately 250 
metric tons of the trawl Pacific halibut PSC limit remains. Therefore, 
in accordance with Sec.  679.25(a)(1)(i), (a)(2)(i)(C), and 
(a)(2)(iii)(D), and to fully utilize the 2016 groundfish total 
allowable catch, NMFS is terminating the previous closure and is 
opening directed fishing for groundfish by vessels using trawl gear in 
the GOA. The Administrator, Alaska Region (Regional Administrator) 
considered the following factors in reaching this decision: (1) The 
current harvest of Pacific halibut PSC in the trawl fishery the of the 
GOA and, (2) the harvest capacity and stated intent on future 
harvesting patterns of vessels in participating in this fishery.

Classification

    This action responds to the best available information recently 
obtained from the fishery. The Assistant Administrator for Fisheries, 
NOAA (AA), finds good cause to waive the requirement to provide prior 
notice and opportunity for public comment pursuant to the authority set 
forth at 5 U.S.C. 553(b)(B) as such requirement is impracticable and 
contrary to the public interest. This requirement is impracticable and 
contrary to the public interest as it would prevent NMFS from 
responding to the most recent fisheries data in a timely fashion and 
would delay the opening of directed fishing for groundfish by vessels 
using trawl gear in the GOA. NMFS was unable to publish a notice 
providing time for public comment because the most recent, relevant 
data only became available as of October 25, 2016.
    The AA also finds good cause to waive the 30-day delay in the 
effective date of this action under 5 U.S.C. 553(d)(3). This finding is 
based upon the reasons provided above for waiver of prior notice and 
opportunity for public comment.
    Without this inseason adjustment, NMFS could not allow the trawl 
deep-water species fishery in the GOA to be harvested in an expedient 
manner and in accordance with the regulatory schedule. Under Sec.  
679.25(c)(2), interested persons are invited to submit written comments 
on this action to the above address until November 15, 2016.
    This action is required by Sec. Sec.  679.21 and 679.25 and is 
exempt from review under Executive Order 12866.

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

    Dated: October 26, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-26221 Filed 10-26-16; 4:15 pm]
 BILLING CODE 3510-22-P

Federal Register / Vol. 81, No. 210 / Monday, October 31, 2016 / Rules and Regulations 75345

with its Alternate I & II and associated within the meaning of the Regulatory 1843.205–70 NASA contract clauses.
information collection from the NFS. Flexibility Act, 5 U.S.C. 601 et seq., The contracting officer may insert a
Six comments were received in because we are removing a NFS clause clause substantially as stated at
response to the proposed rule. and its associated information collection 1852.243–72, Equitable Adjustments, in
requirements for contractors. By solicitations and contracts for—
II. Discussion and Analysis
removing this clause, the information (a) Dismantling, demolishing, or
NASA reviewed the public comments collection burden on contractors will be removing improvements; or
received in the development of the final reduced, thus providing all entities, (b) Construction, when the contract
rule. The six comments received were both large and small, with a positive amount is expected to exceed the
advertisements for personal services benefit. simplified acquisition threshold and a
from the same respondent and This rule does not include any new fixed-price contract is contemplated.
completely unrelated to the purpose of reporting, recordkeeping, or other
this rule. Therefore, no change was compliance requirements for small PART 1852—SOLICITATION
made to the final rule as a result of the businesses. There are no significant PROVISIONS AND CONTRACT
public comments received. alternatives that could further minimize CLAUSES
III. Executive Orders 12866 and 13563 the already minimal impact on 1852.243–70 [Removed and Reserved]
businesses, small or large.
Executive Orders (E.O.s) 12866 and ■ 4. Section 1852.243–70 is removed
13563 direct agencies to assess all costs V. Paperwork Reduction Act and reserved.
and benefits of available regulatory The rule contains information
alternatives and, if regulation is 1852.243–72 [Amended]
collection requirements that require the
necessary, to select regulatory approval of the OMB under the ■ 5. Amend section 1852.243–72 by
approaches that maximize net benefits Paperwork Reduction Act (44 U.S.C. removing ‘‘1843.205–70(b)’’ and adding
(including potential economic, chapter 35); however, the changes to the ‘‘1843.205–70’’ in its place.
environmental, public health and safety NFS removes the information collection [FR Doc. 2016–26174 Filed 10–28–16; 8:45 am]
effects, distributive impacts, and requirements previously approved BILLING CODE 7510–13–P
equity). E.O. 13563 emphasizes the under OMB Control Number 2700–0054,
importance of quantifying both costs entitled NFS 1843 Contract
and benefits, of reducing costs, of Modifications for Engineering Change DEPARTMENT OF COMMERCE
harmonizing rules, and of promoting Proposals (ECP).
flexibility. This is not a significant National Oceanic and Atmospheric
regulatory action and, therefore, was not List of Subjects in 48 CFR Parts 1801,
1843, and 1852 Administration
subject to review under section 6(b) of
E.O. 12866, Regulatory Planning and Government procurement. 50 CFR Part 679
Review, dated September 30, 1993. This
Manuel Quinones, [Docket No. 150818742–6210–02]
rule is not a major rule under 5 U.S.C.
804. NASA FAR Supplement Manager.
RIN 0648–XF007
Accordingly, 48 CFR parts 1801, 1843,
IV. Regulatory Flexibility Act and 1852 are amended as follows: Fisheries of the Exclusive Economic
A final regulatory flexibility analysis ■ 1. The authority citation for parts Zone Off Alaska; Groundfish by
has been prepared consistent with the 1801, 1843 and 1852 continues to read Vessels Using Trawl Gear in the of the
Regulatory Flexibility Act, 5 U.S.C. 601, as follows: Gulf of Alaska
et seq., and is summarized as follows:
Authority: 51 U.S.C. 20113(a) and 48 CFR AGENCY: National Marine Fisheries
The National Aeronautics and Space chapter 1.
Administration (NASA) is issuing a Service (NMFS), National Oceanic and
final rule to amend the NASA FAR Atmospheric Administration (NOAA),
PART 1801—FEDERAL ACQUISITION
Supplement (NFS) to remove NFS Commerce.
REGULATIONS SYSTEM
clause 1852.243–70, Engineering ACTION: Temporary rule; opening.
Change Proposals (ECPs) basic clause ■ 2. Revise section 1801.106 to read as
with its Alternate I & II and associated follows: SUMMARY: NMFS is opening directed
information collection from the NFS 1801.106 OMB approval under the fishing for groundfish by vessels using
because the NFS clause is no longer Paperwork Reduction Act. trawl gear in the Gulf of Alaska (GOA).
used in procurements and is duplicative The following OMB control numbers This action is necessary to fully use the
to FAR requirements. NASA conducted apply: 2016 groundfish total allowable catch in
a retrospective review of its regulations the GOA.
and determined NFS clause 1852.243– OMB DATES: Effective 1200 hours, Alaska
NFS Segment control local time (A.l.t.), October 28, 2016,
70 should be removed along with the No.
corresponding information collection through 2400 hours, A.l.t., December 31,
requirement OMB Control No. 2700— 1823 .......................................... 2700–0089 2016.
054. 1827 .......................................... 2700–0052 Comments must be received at the
No changes were made to the final 1852.223–70 ............................. 2700–0160 following address no later than 4:30
rule as a result of public comments NF 533 ...................................... 2700–0003 p.m., A.l.t., November 15, 2016.
received. Comments received in NF 1018 .................................... 2700–0017 ADDRESSES: You may submit comments
Lhorne on DSK30JT082PROD with RULES

response to the proposed rule were on this document, identified by FDMS
advertisements for personal services and PART 1843—CONTRACT Docket Number NOAA–NMFS–2015–
deemed out of scope. MODIFICATIONS 0110, by any of the following methods:
NASA does not expect this final rule • Electronic Submission: Submit all
to have a significant economic impact ■ 3. Revise section 1843.205–70 to read electronic public comments via the
on a substantial number of small entities as follows: Federal e-Rulemaking Portal. Go to

VerDate Sep<11>2014 14:07 Oct 28, 2016 Jkt 241001 PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 E:\FR\FM\31OCR1.SGM 31OCR1

$75346 Federal Register / Vol. 81, No. 210 / Monday, October 31, 2016 / Rules and Regulations www.regulations.gov/ Management Act. Regulations governing U.S.C. 553(b)(B) as such requirement is #!docketDetail;D=NOAA-NMFS-2015- fishing by U.S. vessels in accordance impracticable and contrary to the public 0110, click the ‘‘Comment Now!’’ icon, with the FMP appear at subpart H of 50 interest. This requirement is complete the required fields, and enter CFR part 600 and 50 CFR part 679. impracticable and contrary to the public or attach your comments. NMFS prohibited directed fishing for interest as it would prevent NMFS from • Mail: Address written comments to groundfish by vessels using trawl gear responding to the most recent fisheries Glenn Merrill, Assistant Regional in the GOA, effective 1200 hours, A.l.t., data in a timely fashion and would Administrator, Sustainable Fisheries October 22, 2016 (81 FR 74313) under delay the opening of directed fishing for Division, Alaska Region NMFS, Attn: § 679.21(d)(6)(i). That action was groundfish by vessels using trawl gear Ellen Sebastian. Mail comments to P.O. necessary because the annual prohibited in the GOA. NMFS was unable to Box 21668, Juneau, AK 99802–1668. species catch (PSC) limit for Pacific publish a notice providing time for Instructions: Comments sent by any halibut specified for vessels using trawl public comment because the most other method, to any other address or gear in the GOA was reached. recent, relevant data only became individual, or received after the end of As of October 25, 2016, NMFS has available as of October 25, 2016. the comment period, may not be determined that approximately 250 considered by NMFS. All comments The AA also finds good cause to metric tons of the trawl Pacific halibut waive the 30-day delay in the effective received are a part of the public record PSC limit remains. Therefore, in and will generally be posted for public date of this action under 5 U.S.C. accordance with § 679.25(a)(1)(i), 553(d)(3). This finding is based upon viewing on www.regulations.gov (a)(2)(i)(C), and (a)(2)(iii)(D), and to fully without change. All personal identifying the reasons provided above for waiver of utilize the 2016 groundfish total prior notice and opportunity for public information (e.g., name, address), allowable catch, NMFS is terminating confidential business information, or comment. the previous closure and is opening otherwise sensitive information directed fishing for groundfish by Without this inseason adjustment, submitted voluntarily by the sender will vessels using trawl gear in the GOA. The NMFS could not allow the trawl deep- be publicly accessible. NMFS will Administrator, Alaska Region (Regional water species fishery in the GOA to be accept anonymous comments (enter ‘‘N/ Administrator) considered the following harvested in an expedient manner and A’’ in the required fields if you wish to factors in reaching this decision: (1) The in accordance with the regulatory remain anonymous). Attachments to current harvest of Pacific halibut PSC in schedule. Under § 679.25(c)(2), electronic comments will be accepted in the trawl fishery the of the GOA and, (2) interested persons are invited to submit Microsoft Word, Excel, or Adobe PDF the harvest capacity and stated intent on written comments on this action to the file formats only. future harvesting patterns of vessels in above address until November 15, 2016. FOR FURTHER INFORMATION CONTACT: Josh participating in this fishery. This action is required by §§ 679.21 Keaton 907–586–7228. and 679.25 and is exempt from review SUPPLEMENTARY INFORMATION: NMFS Classification under Executive Order 12866. manages the groundfish fishery in the This action responds to the best Authority: 16 U.S.C. 1801 et seq. GOA exclusive economic zone available information recently obtained according to the Fishery Management from the fishery. The Assistant Dated: October 26, 2016. Plan for Groundfish of the Gulf of Administrator for Fisheries, NOAA Emily H. Menashes, Alaska (FMP) prepared by the North (AA), finds good cause to waive the Acting Director, Office of Sustainable Pacific Fishery Management Council requirement to provide prior notice and Fisheries, National Marine Fisheries Service. under authority of the Magnuson- opportunity for public comment [FR Doc. 2016–26221 Filed 10–26–16; 4:15 pm] Stevens Fishery Conservation and pursuant to the authority set forth at 5 BILLING CODE 3510–22–P Lhorne on DSK30JT082PROD with RULES VerDate Sep<11>2014 14:07 Oct 28, 2016 Jkt 241001 PO 00000 Frm 00032 Fmt 4700 Sfmt 9990 E:\FR\FM\31OCR1.SGM 31OCR1$

Document Created: 2018-02-02 12:13:41
Document Modified: 2018-02-02 12:13:41

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; opening.
Dates		Effective 1200 hours, Alaska local time (A.l.t.), October 28, 2016, through 2400 hours, A.l.t., December 31, 2016.
Contact		Josh Keaton 907-586-7228.
FR Citation		81 FR 75345
RIN Number		0648-XF00

81 FR 75345 - Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish by Vessels Using Trawl Gear in the of the Gulf of Alaska

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 210 (October 31, 2016)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration