22042 Federal Register / Vol. 79, No. 76 / Monday, April 21, 2014 / Rules and Regulations 

collection requirements to the 

paperwork burden previously approved 

under OMB Control Number 0704–0229, 

entitled Defense Federal Acquisition 

Regulation Supplement (DFARS); Part 

225, Foreign Acquisition. 

List of Subjects in 48 CFR Part 252 

Government procurement. 

Manuel Quinones, 

Editor, Defense Acquisition Regulations 

System. 

Interim Rule Adopted as Final Without 

Change 

Accordingly, the interim rule 

amending 48 CFR part 252, which was 

published at 78 FR 76993 on December 

20, 2013, is adopted as a final rule 

without change. 

[FR Doc. 2014–08859 Filed 4–18–14; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 252 

RIN 0750–AI02 

Defense Federal Acquisition 

Regulation Supplement: Clauses With 

Alternates—Contract Financing 

(DFARS Case 2013–D014) 

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) as part of a project to review 

clauses with alternates to create basic 

and alternate clauses structured in a 

manner to facilitate use of automated 

contract writing systems. This final rule 

addresses a contract financing clause. 

DATES: Effective April 21, 2014. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Annette Gray, telephone 571–372–6093. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD published a proposed rule in the 

Federal Register at 78 FR 48404 on 

August 8, 2013, to amend the DFARS to 

revise the presentation in the DFARS of 

a part 232 contract financing clause 

with an alternate. The rule also 

proposed to add a separate prescription 

for the basic clause as well as the 

alternate. No public comments were 

submitted in response to the proposed 

rule. 

II. Discussion 

This final rule addresses the single 

DFARS part 232 clause that has an 

alternate, 252.232–7007, Limitation of 

Government’s Obligation. In developing 

the final rule, DoD determined that the 

need for an alternate to the basic clause 

could be eliminated by making a minor 

change to paragraph (a) of the basic 

clause. The only difference between the 

basic clause and the alternate is the 

number of line items subject to 

incremental funding, which is 

information inserted by the contracting 

officer into paragraph (a) of the basic 

clause or the alternate clause. In the 

final rule, the alternate clause is being 

eliminated in its entirety as a result of 

an editorial change made to paragraph 

(a) of the basic clause. This change 

enables the contracting officer to tailor 

and use the basic clause, whether a 

single line item or multiple line items 

are being incrementally funded. 

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 performed and is summarized 

as follows: 

This final rule amends the Defense 

Federal Acquisition Regulation 

Supplement (DFARS) clause 252.232– 

7007, Limitation of Government’s 

Obligation. Paragraph (a) of clause 

252.232–7007 is being modified to be 

used for single or multiple line items 

that are to be incrementally funded. The 

modification of paragraph (a) in the 

basic clause eliminates the need for an 

alternate clause; therefore the alternate 

clause is removed by this final rule. 

The public did not raise any issues in 

response to the initial regulatory 

flexibility analysis. The Chief Counsel 

for Advocacy of the Small Business 

Administration did not submit any 

comments in response to the rule. 

Potential offerors, including small 

businesses, may be affected by this rule 

by seeing an unfamiliar format for this 

part 232 clause. According to the 

Federal Procurement Data System, in 

fiscal year 2012, DoD made 

approximately 270,000 contract awards 

(not including modification and orders) 

that exceeded the micro-purchase 

threshold, of which approximately 

180,000 (67%) were awarded to small 

businesses. It is unknown how many of 

these contracts were awarded that 

included incremental funding. Nothing 

substantive will change in solicitations 

or contracts for potential offerors. The 

overall burden caused by this rule is 

expected to be negligible, and will not 

be any greater on small businesses than 

it is on large businesses. 

This rule does not add any new 

information collection requirements. No 

alternatives were identified that will 

accomplish the objectives of the rule. 

V. Paperwork Reduction Act 

The rule does not contain any 

information collection requirements that 

require the approval of the Office of 

Management and Budget under the 

Paperwork Reduction Act (44 U.S.C. 

chapter 35). 

List of Subjects in 48 CFR Part 252 

Government procurement. 

Manuel Quinones, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR part 252 is 

amended as follows: 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 1. The authority citation for 48 CFR 

part 252 continues to read as follows: 

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

chapter 1. 

■ 2. Amend section 252.232–7007 by— 

■ a. Removing the clause date ‘‘(MAY 

2006)’’ and adding ‘‘(APR 2014)’’ in its 

place; 

■ b. Revising paragraph (a); and 

■ c. Removing Alternate I. 

The revision reads as follows. 

252.232–7007 Limitation of Government’s 

obligation. 

* * * * * 

(a) Contract line item(s) [Contracting 

Officer insert after negotiations] is/are 

incrementally funded. For this/these item(s), 

the sum of $ll [Contracting Officer insert 

after negotiations] of the total price is 

presently available for payment and allotted 

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Federal Register / Vol. 79, No. 76 / Monday, April 21, 2014 / Rules and Regulations 22043 

to this contract. An allotment schedule is set 

forth in paragraph (j) of this clause. 

* * * * * 

[FR Doc. 2014–08856 Filed 4–18–14; 8:45 am] 

BILLING CODE 5001–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Parts 648 and 697 

[Docket No. 130319263–4284–03] 

RIN 0648–BD09 

Magnuson-Stevens Act Provisions; 

Fisheries of the Northeastern United 

States; Northeast Multispecies 

Fishery; Final Rule To Allow Northeast 

Multispecies Sector Vessels Access to 

Year-Round Closed Areas 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: This final rule finalizes an 

interim final rule approving a sector 

exemption request that allows Northeast 

multispecies (groundfish) sector vessels 

restricted access to portions of the 

Nantucket Lightship Closed Area under 

standard monitoring coverage levels. 

This action also responds to public 

comments received on the interim 

measures. This final rule does not 

modify any measures from the interim 

final rule. 

DATES: Effective April 21, 2014, we 

confirm the effective date of December 

31, 2013 through April 30, 2014, of the 

interim final rule published on 

December 16, 2013 (78 FR 76077). 

ADDRESSES: A copy of the 

accompanying environmental 

assessment is available from the NMFS 

Greater Atlantic Regional Fisheries 

Office: John K. Bullard, Regional 

Administrator, National Marine 

Fisheries Service, 55 Great Republic 

Drive, Gloucester, MA 01930. These 

documents are also accessible via the 

Federal eRulemaking Portal: http://

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

William Whitmore, Fishery Policy 

Analyst, phone (978) 281–9182, fax 

(978) 281–9135. 

SUPPLEMENTARY INFORMATION: 

Background 

Framework Adjustment 48 to the 

Northeast Multispecies (groundfish) 

Fishery Management Plan (78 FR 26118; 

May 3, 2013), included a provision 

allowing sectors to request exemptions 

from the year-round groundfish 

mortality closures to provide additional 

fishing opportunities. On December 16, 

2013 (78 FR 76077), NMFS published an 

interim final rule allowing groundfish 

sector vessels restricted access to the 

Eastern and Western Exemption Areas 

within the Nantucket Lightship Closed 

Area. The interim final rule modified 

monitoring requirements for vessels 

fishing in the Eastern and Western 

Exemption Areas from the proposed 

rule by reducing the 100-percent 

industry-funded at-sea monitoring 

requirement for these areas to current atsea monitoring coverage levels. The 

interim final rule also disapproved 

sector vessel access to Closed Areas I 

and II. This final rule retains the 

measures implemented in the interim 

final rule and responds to comments 

received on the interim final rule. 

Approval of an Exemption Request 

Allowing Sector Vessels Into Portions of 

Nantucket 

Lightship Closed Area 

This final rule allows sector vessels to 

fish with selective gear in the Eastern 

and Western Exemption Areas within 

the Nantucket Lightship Closed Area for 

the duration of fishing year 2013, i.e., 

through April 30, 2014 (see Figure A). 

Justification for this decision is 

explained in the interim final rule (78 

FR 76077; December 13, 2013). Trawl 

vessels are restricted to using selective 

trawl gear, including the separator 

trawl, the Ruhle trawl, the mini-Ruhle 

trawl, rope trawl, and any other gear 

authorized by the New England Fishery 

Management Council (Council) in a 

management action. Flounder nets are 

prohibited in this area. Hook vessels are 

permitted and gillnet vessels are 

restricted to fishing 10-inch (25.4-cm) 

diamond mesh or larger. Gillnet vessels 

are required to use pingers when fishing 

in the Western Exemption Area from 

December 1–May 31, because this area 

lies within the existing Southern New 

England Management Area of the 

Harbor Porpoise Take Reduction Plan. It 

should be noted that the proposed rule 

to approve 2014 Sector Operations Plans 

and exemption requests (79 FR 14639; 

March 17, 2014) proposes to allow 

standard otter trawls in the Western 

Exemption Area for the 2014 fishing 

year. The interim final rule modified the 

monitoring requirements for vessels 

fishing in the Eastern and Western 

Exemption Areas by reducing the at-sea 

monitoring coverage level. There are 

several reasons why we reduced the 

coverage level to be consistent with 

standard coverage levels outside of the 

closed areas. The coverage level was 

relaxed from the proposed 100-percent 

industry-funded level because we 

recognized that there were fewer risks 

with opening the Nantucket Lightship 

Closed Area given that this area was 

originally closed to protect Southern 

New England/Mid-Atlantic yellowtail 

flounder and this stock is no longer 

overfished or undergoing overfishing. 

We also required selective gear to be 

used in this area that further reduced 

the potential for groundfish catch. 

Because we did not open Closed Areas 

I and II, and because we do not 

anticipate an increase in fishing effort 

after opening the Eastern and Western 

Exemption Areas, we expect to be able 

to fund the standard level of monitoring 

coverage in these areas. This provides 

increased flexibility for sector vessels 

because vessels can fish in a new area 

with no additional monitoring costs in 

fishing year 2013. 

This final rule maintains the 22- 

percent monitoring coverage 

requirement for the Eastern and Western 

Exemption Areas for the remainder of 

fishing year 2013. 

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