Federal Register / Vol. 79, No. 56 / Monday, March 24, 2014 / Rules and Regulations 15921 

Review) defines a ‘‘significant 

regulatory action,’’ which requires 

review by the Office of Management and 

Budget (OMB), unless OMB waives such 

review, as ‘‘any regulatory action that is 

likely to result in a rule that may: (1) 

Have an annual effect on the economy 

of $100 million or more or adversely 

affect in a material way the economy, a 

sector of the economy, productivity, 

competition, jobs, the environment, 

public health or safety, or State, local, 

or tribal governments or communities; 

(2) Create a serious inconsistency or 

otherwise interfere with an action taken 

or planned by another agency; (3) 

Materially alter the budgetary impact of 

entitlements, grants, user fees, or loan 

programs or the rights and obligations of 

recipients thereof; or (4) Raise novel 

legal or policy issues arising out of legal 

mandates, the President’s priorities, or 

the principles set forth in this Executive 

Order.’’ 

The economic, interagency, 

budgetary, legal, and policy 

implications of this regulatory action 

have been examined, and it has been 

determined not to be a significant 

regulatory action under Executive 

Orders 12866. VA’s impact analysis can 

be found as a supporting document at 

http://www.regulations.gov, usually 

within 48 hours after the rulemaking 

document is published. Additionally, a 

copy of the rulemaking and its impact 

analysis are available on VA’s Web site 

at http://www1.va.gov/orpm/, by 

following the link for ‘‘VA Regulations 

Published.’’ 

Regulatory Flexibility Act 

The Secretary hereby certifies that 

adoption of this final rule will not have 

a significant economic impact on a 

substantial number of small entities as 

they are defined in the Regulatory 

Flexibility Act (5 U.S.C. 601–612). This 

final rule will directly affect only 

individuals and will not directly affect 

small entities. Therefore, pursuant to 5 

U.S.C. 605(b), this final rule is exempt 

from the regulatory flexibility analysis 

requirements of section 604. 

Unfunded Mandates 

The Unfunded Mandates Reform Act 

of 1995 requires, at 2 U.S.C. 1532, that 

agencies prepare an assessment of 

anticipated costs and benefits before 

issuing any rule that may result in the 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

(adjusted annually for inflation) in any 

one year. This final rule will have no 

such effect on State, local, and tribal 

governments, or on the private sector. 

Paperwork Reduction Act 

This final rule contains no provisions 

constituting a collection of information 

under the Paperwork Reduction Act of 

1995 (44 U.S.C. 3501–3521). 

Catalog of Federal Domestic Assistance 

The Catalog of Federal Domestic 

Assistance number and title for the 

program affected by this final rule is 

64.116, Vocational Rehabilitation for 

Disabled Veterans. 

Signing Authority 

The Secretary of Veterans Affairs, or 

designee, approved this document and 

authorized the undersigned to sign and 

submit the document to the Office of the 

Federal Register for publication 

electronically as an official document of 

the Department of Veterans Affairs. Jose 

D. Riojas, Chief of Staff, Department of 

Veterans Affairs, approved this 

document on February 27, 2014, for 

publication. 

List of Subjects in 38 CFR Part 21 

Administrative practice and 

procedure, Armed forces, Civil rights, 

Claims, Colleges and universities, 

Conflict of interests, Education, 

Employment, Grant programseducation, Grant programs-veterans, 

Health care, Loan programs-education, 

Loan programs-veterans, Manpower 

training programs, Reporting and 

recordkeeping requirements, Schools, 

Travel and transportation expenses, 

Veterans, Vocational education, 

Vocational rehabilitation. 

Dated: March 19, 2014. 

Robert C. McFetridge, 

Director, Regulation Policy and Management, 

Office of the General Counsel, Department 

of Veterans Affairs. 

For the reasons stated in the 

preamble, the Department of Veterans 

Affairs amends 38 CFR part 21 as set 

forth below: 

PART 21—VOCATIONAL 

REHABILITATION AND EDUCATION 

Subpart A—Vocational Rehabilitation 

and Employment Under 38 U.S.C. 

Chapter 31 

■ 1. The authority citation for part 21, 

subpart A continues to read as follows: 

Authority: 38 U.S.C. 501(a), chs. 18, 31, 

and as noted in specific sections. 

■ 2. Amend § 21.268 as follows: 

■ a. Redesignate paragraph (f) as 

paragraph (g). 

■ b. Add a new paragraph (f). 

■ c. Add an authority citation at the end 

of new paragraph (f). 

The revisions read as follows: 

§ 21.268 Employment adjustment 

allowance. 

* * * * * 

(f) Special situations. Effective August 

6, 2013, a veteran who has been 

displaced as the result of a natural or 

other disaster while being paid an 

employment adjustment allowance may 

receive up to an additional two months 

of employment adjustment allowance, if 

satisfactorily following a program of 

employment services. 

(Authority: 38 U.S.C. 3108(a)(2)) 

* * * * * 

[FR Doc. 2014–06378 Filed 3–21–14; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

48 CFR Parts 1542, 1552, and 1553 

[EPA–HQ–OARM–2013–0736; FRL–9908– 

08–OARM] 

Environmental Protection Agency 

Acquisition Regulation (EPAAR); 

Contractor Performance Information 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct Final Rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is issuing a direct final 

rule to rescind EPAARs, which include 

EPA’s policies for collecting and 

maintaining contractor past 

performance information. A final rule 

updating the Federal Acquisition 

Regulations (FAR) was published in 

Federal Register on August 1, 2013. The 

changes to the FAR make the 

information in the referenced EPAAR 

subparts redundant. The impact of 

removing these sections is 

administrative in nature and will not 

change the overall policies for collecting 

and maintaining contractor past 

performance which are now detailed in 

the FAR. EPA does not anticipate any 

adverse comments. 

DATES: This rule is effective May 23, 

2014 without further action, unless 

adverse comment is received April 23, 

2014. If adverse comment is received, 

the EPA will publish a timely 

withdrawal of the rule in the Federal 

Register. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OARM–2013–0736 by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• Email: docket.oei@epa.gov. 

• Fax: (202) 566–1753. 

WREIER-AVILES on DSK5TPTVN1PROD with RULES

15922 Federal Register / Vol. 79, No. 56 / Monday, March 24, 2014 / Rules and Regulations 

• Mail: EPA–HQ–OARM–2013–0736, 

OEI Docket, Environmental Protection 

Agency, 2822T, 1200 Pennsylvania Ave. 

NW., Washington, DC 20460. Please 

include a total of three (3) copies. 

• Hand Delivery: EPA Docket 

Center—Attention OEI Docket, EPA 

West, Room B102, 1301 Constitution 

Ave. NW., Washington, DC 20004. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OARM–2013– 

0736. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at http://

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http://

www.regulations.gov or email. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through 

www.regulations.gov, your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket, and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment, and with 

any disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties, and cannot 

contact you for clarification, EPA may 

not be able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket, visit the EPA 

Docket Center homepage at http://

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in the http://

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http://

www.regulations.gov, or in hard copy at 

the Government Property—Contract 

Property Administration Docket, EPA/

DC, EPA West, Room 3334, 1301 

Constitution Ave. NW., Washington, 

DC. The Public Reading Room is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the EPA 

Docket Center is (202) 566–1752. This 

Docket Facility is open from 8:30 a.m. 

to 4:30 p.m. Monday through Friday, 

excluding legal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Staci Ramrakha, Policy, Training, and 

Oversight Division, Acquisition Policy 

and Training Service Center (3802R), 

Environmental Protection Agency, 1200 

Pennsylvania Avenue NW., Washington, 

DC 20460; telephone number: (202) 

564–2017; email address: 

ramrakha.staci@epa.gov. 

SUPPLEMENTARY INFORMATION: 

General Information 

Do not submit any Classified Business 

Information (CBI) to EPA Web site 

http://www.regulations.gov or email. 

Clearly mark the part or all of the 

information that you claim to be CBI. 

For CBI information in a disk or CD– 

ROM that you mail to EPA, mark the 

outside of the disk or CD–ROM as CBI, 

and then identify electronically within 

the disk or CD–ROM the specific 

information that is claimed as CBI. In 

addition to one complete version of the 

comment that includes information 

claimed as CBI, a copy of the comment 

that does not contain the information 

claimed as CBI must be submitted for 

inclusion in the public docket. 

Information so marked will not be 

disclosed except in accordance with 

procedures set forth in 40 CFR part 2. 

2. Tips for Preparing Your Comments. 

When submitting comments, remember 

to: 

• Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

• Follow directions—The Agency 

may ask you to respond to specific 

questions or organize comments by 

referencing a Code of Federal 

Regulations (CFR) part or section 

number. 

• Explain why you agree or disagree, 

suggest alternatives, and substitute 

language for your requested changes. 

• Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

• If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

• Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

• Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

3. Make sure to submit your 

comments by the comment period 

deadline identified. 

Background 

EPAAR subpart 1542.15 was last 

updated July 5, 2011 to establish 

responsibilities for recording and 

maintaining EPA contractor past 

performance information. Subpart 

1542.15 requires the use of the 

Contractor Performance Assessment 

Reporting System (CPARS); establishes 

frequency and types of reports that are 

congruent with CPARS; establishes EPA 

personnel responsibilities related to 

CPARS; provides instructions for rating 

small business subcontracting; provides 

instructions for novation agreements, 

requires CPARS be documented in the 

official contract file; and requires the 

use of EPAAR clause 1552.242–71 

which notifies contractors the EPA 

utilizes the CPARS system. EPAAR 

1553.209 contains outdated forms 

previously used by EPA personnel to 

evaluate contractor performance. These 

forms are no longer relevant or utilized. 

Additionally, recent changes to FAR 

subpart 42.15 via a final rule published 

in Federal Register on August 1, 2013 

(78 FR 46783), make the information in 

EPAAR subpart 1542.15 redundant. The 

new FAR requirements mirror the 

current EPA policies for collecting and 

maintaining contractor past 

performance, and there is no need for an 

agency supplement. FAR subpart 42.15, 

combined with the CPARS guidance 

and reference material included on the 

CPARS Web site (www.CPARS.gov) 

provide sufficient policies and 

procedures for the EPA to satisfy the 

EPA’s needs. Specific guidance, such as 

defining roles and responsibilities for 

EPA acquisition personnel in relation to 

CPARS will be included in the internal 

EPA Acquisition Guide. 

Final Rule 

This final rule makes the following 

changes: 1. Delete EPAAR 1542.15, 

Contractor Performance Information, in 

its entirety including all subsections. 2. 

Delete EPAAR 1552.242–71, Contractor 

Performance Evaluations. 3. Delete 

EPAAR 1553.209, Contractor 

Qualifications, in its entirety, including 

all subsections. 

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Federal Register / Vol. 79, No. 56 / Monday, March 24, 2014 / Rules and Regulations 15923 

Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order 12866 (58 FR 51735, 

October 4, 1993) and is therefore not 

subject to review under Executive 

Orders 12866 and 13563 (76 FR 3821, 

January 21, 2011). 

B. Paperwork Reduction Act 

This action does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq. Burden is 

defined at 5 CFR 1320.3(b). 

C. Regulatory Flexibility Act (RFA), as 

Amended by the Small Business 

Regulatory Enforcement Fairness Act of 

1996 (SBREFA), 5 U.S.C. 601 et seq. 

The RFA generally requires an agency 

to prepare a regulatory flexibility 

analysis of any rule subject to notice 

and comment rulemaking requirements 

under the Administrative Procedure Act 

or any other statute; unless the agency 

certifies that the rule will not have a 

significant economic impact on a 

substantial number of small entities. 

Small entities include small businesses, 

small organizations, and small 

governmental jurisdictions. For 

purposes of assessing the impact of 

today’s proposed rule on small entities, 

‘‘small entity’’ is defined as: (1) A small 

business that meets the definition of a 

small business found in the Small 

Business Act and codified at 13 CFR 

121.201; (2) a small governmental 

jurisdiction that is a government of a 

city, county, town, school district or 

special district with a population of less 

than 50,000; or (3) a small organization 

that is any not-for-profit enterprise 

which is independently owned and 

operated, and is not dominant in its 

field. After considering the economic 

impacts of today’s proposed rule on 

small entities, I certify that this action 

will not have a significant economic 

impact on a substantial number of small 

entities. In determining whether a rule 

has a significant economic impact on a 

substantial number of small entities, the 

impact of concern is any significant 

adverse economic impact on small 

entities, because the primary purpose of 

the regulatory flexibility analyses is to 

identify and address regulatory 

alternatives ‘‘which minimize any 

significant economic impact of the 

proposed rule on small entities’’ 5 

U.S.C. 603 and 604. Thus, an agency 

may certify that a rule will not have a 

significant economic impact on a 

substantial number of small entities if 

the rule relieves regulatory burden, or 

otherwise has a positive economic effect 

on all of the small entities subject to the 

rule. Since documenting past 

performance is applicable to large and 

small entities, this rule will not have a 

significant economic impact on small 

entities. We continue to be interested in 

the potential impacts of the proposed 

rule on small entities and welcome 

comments on issues related to such 

impacts. 

D. Unfunded Mandates Reform Act 

This action contains no Federal 

mandates under the provisions of Title 

II of the Unfunded Mandates Reform 

Act of 1995 (UMRA), 2 U.S.C. 1531– 

1538 for State, local, or tribal 

governments or the private sector. The 

action imposes no enforceable duty on 

any State, local or tribal governments or 

the private sector. Therefore, this action 

is not subject to the requirements of 

sections 202 or 205 of the UMRA. This 

action is also not subject to the 

requirements of section 203 of UMRA 

because it contains no regulatory 

requirements that might significantly or 

uniquely affect small governments. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will not have substantial 

direct effects on the States, on the 

relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132. Thus, Executive 

Order 13132 does not apply to this 

action. In the spirit of Executive Order 

13132, and consistent with EPA policy 

to promote communications between 

EPA and State and local governments, 

EPA specifically solicits comment on 

this proposed action from State and 

local officials. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications, as specified in Executive 

Order 13175 (65 FR 67249, November 9, 

2000). Thus, Executive Order 13175 

does not apply to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

EPA interprets Executive Order 13045 

(62 FR 19885, April 23, 1997) as 

applying only to those regulatory 

actions that concern health or safety 

risks, such that the analysis required 

under section 5–501 of the Executive 

Order has the potential to influence the 

regulation. This action is not subject to 

Executive Order 13045 because it does 

not establish an environmental standard 

intended to mitigate health or safety 

risks. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211 (66 FR 28355 (May 22, 

2001)), because it is not a significant 

regulatory action under Executive Order 

12866. 

I. National Technology Transfer and 

Advancement Act of 1995 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (‘‘NTTAA’’), Public Law 

104–113, 12(d) (15 U.S.C. 272 note) 

directs EPA to use voluntary consensus 

standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. Voluntary consensus 

standards are technical standards (e.g., 

materials specifications, test methods, 

sampling procedures, and business 

practices) that are developed or adopted 

by voluntary consensus standards 

bodies. NTTAA directs EPA to provide 

Congress, through OMB, explanations 

when the Agency decides not to use 

available and applicable voluntary 

consensus standards. This action does 

not involve technical standards. 

Therefore, EPA is not considering the 

use of any voluntary consensus 

standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (59 FR 7629 

(Feb. 16, 1994)) establishes federal 

executive policy on environmental 

justice. Its main provision directs 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. EPA 

has determined that this final rule will 

not have disproportionately high and 

adverse human health or environmental 

effects on minority or low-income 

populations because it does not affect 

the level of protection provided to 

human health or the environment. 

WREIER-AVILES on DSK5TPTVN1PROD with RULES

15924 Federal Register / Vol. 79, No. 56 / Monday, March 24, 2014 / Rules and Regulations 

K. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. Section 804 

exempts from section 801 the following 

types of rules (1) rules of particular 

applicability; (2) rules relating to agency 

management or personnel; and (3) rules 

of agency organization, procedure, or 

practice that do not substantially affect 

the rights or obligations of non-agency 

parties. 5 U.S.C. 804(3). EPA is not 

required to submit a rule report 

regarding today’s action under section 

801 because this is a rule of agency 

organization, procedure, or practice that 

does not substantially affect the rights or 

obligations of non-agency parties. 

List of Subjects in 48 CFR Parts 1542, 

1552, and 1553 

Contractor performance information, 

Contractor performance evaluations, 

Contractor qualifications, Government 

procurement, Reporting and 

recordkeeping requirements. 

Dated: February 6, 2014. 

John R. Bashita, 

Director, Office of Acquisition Management. 

For the reasons stated in the 

preamble, EPA amends 48 CFR Chapter 

15 as follows: 

■ 1. The authority citation for 48 CFR 

parts 1542, 1552 and 1553 continues to 

read as follows: 

Authority: 5 U.S.C. 301; Sec. 205(c), 63 

Stat. 390, as amended, 40 U.S.C. 486(c); and 

41 U.S.C. 418b. 

PART 1542—CONTRACT 

ADMINISTRATION 

Subpart 1542.15—[Removed] 

■ 2. Remove subpart 1542.15. 

PART 1552—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

§ 1552.242–71 [Removed] 

■ 3. Remove § 1552.242–71. 

PART 1553—FORMS 

§§ 1553.209, 1553.209–70, and 1553.209–71 

[Removed] 

■ 4. Remove §§ 1553.209, 1553.209–70, 

and 1553.209–71. 

[FR Doc. 2014–06262 Filed 3–21–14; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

[Docket No. 130214139–3542–02] 

RIN 0648–XD201 

Atlantic Highly Migratory Species; 

Atlantic Bluefin Tuna Fisheries; 

General Category Fishery 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS closes the General 

category fishery for large medium and 

giant Atlantic bluefin tuna (BFT) until 

the General category reopens on June 1, 

2014. This action is being taken to 

prevent any further overharvest of the 

General category January BFT subquota. 

DATES: Effective 11:30 p.m., local time, 

March 21, 2014, through May 31, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Sarah McLaughlin or Brad McHale, 

978–281–9260. 

SUPPLEMENTARY INFORMATION: 

Regulations implemented under the 

authority of the Atlantic Tunas 

Convention Act (16 U.S.C. 971 et seq.) 

and the Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act; 16 U.S.C. 1801 

et seq.) governing the harvest of BFT by 

persons and vessels subject to U.S. 

jurisdiction are found at 50 CFR part 

635. 

NMFS is required, under 

§ 635.28(a)(1), to file a closure notice 

with the Office of the Federal Register 

for publication when a BFT quota is 

reached or is projected to be reached. 

On and after the effective date and time 

of such notification, for the remainder of 

the fishing year or for a specified period 

as indicated in the notification, 

retaining, possessing, or landing BFT 

under that quota category is prohibited 

until the opening of the subsequent 

quota period or until such date as 

specified in the notice. 

The current General category baseline 

quota is 435.1 mt, with 23.1 mt 

allocated for the January time period. 

On November 30, 2011, NMFS 

published a final rule to address 

adjustments to the General and Harpoon 

category regulations. Among other 

actions, this final rule allowed the 

General category BFT season to remain 

open from January 1 until the ‘‘January 

subquota’’ amount is reached, or March 

31 (whichever happens first). 

Based on the best available BFT 

landings information for the General 

category BFT fishery, NMFS has 

determined that the General category 

January subquota has been reached. 

Therefore, through May 31, 2014, 

retaining, possessing, or landing large 

medium or giant BFT by persons aboard 

vessels permitted in the Atlantic tunas 

General and Highly Migratory Species 

(HMS) Charter/Headboat categories 

(while fishing commercially) must cease 

at 11:30 p.m. local time on March 21, 

2014. The General category will reopen 

automatically on June 1, 2014, for the 

June through August subperiod. This 

action is taken consistent with the 

regulations at §§ 635.27(a)(1)(iii) and 

635.28(a)(1). The intent of this closure is 

to prevent any further overharvest of the 

General category January BFT subquota. 

Fishermen may catch and release (or 

tag and release) BFT of all sizes, subject 

to the requirements of the catch-andrelease and the tag-and-release programs 

at § 635.26. Fishermen are also 

reminded that all BFT that are released 

must be handled in a manner that will 

maximize their survival, and without 

removing the fish from the water, 

consistent with requirements at 

§ 635.21(a)(1). For additional 

information on safe handling, see the 

‘‘Careful Catch and Release’’ brochure 

available at www.nmfs.noaa.gov/sfa/

hms/. 

If needed, subsequent General 

category adjustments will be published 

in the Federal Register. In addition, 

fishermen may call the Atlantic Tunas 

Information Line at (888) 872–8862 or 

(978) 281–9260, or access 

hmspermits.noaa.gov, for updates. 

Classification 

The Assistant Administrator for 

NMFS (AA) finds that it is impracticable 

and contrary to the public interest to 

provide prior notice of, and an 

opportunity for public comment on, this 

action for the following reasons: 

The regulations implementing the 

2006 Consolidated Atlantic Highly 

Migratory Species Fishery Management 

Plan provide for inseason retention limit 

adjustments and fishery closures to 

respond to the unpredictable nature of 

BFT availability on the fishing grounds, 

the migratory nature of this species, and 

the regional variations in the BFT 

fishery. The closure of the General 

category January BFT fishery is 

necessary to prevent any further 

overharvest of the General category 

January BFT subquota. NMFS provides 

notification of closures by publishing 

the notice in the Federal Register, 

emailing individuals who have 

subscribed to the Atlantic HMS News 

WREIER-AVILES on DSK5TPTVN1PROD with RULES