Federal Register / Vol. 88, No. 180 / Tuesday, September 19, 2023 / Rules and Regulations 64385 

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. requirements with which vendors 

must comply. 

IV. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as amended by the 

Small Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a ‘‘major 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. A major rule cannot take effect 

until 60 days after it is published in the 

Federal Register. This rule has been 

reviewed and determined by OMB not 

to be a ‘‘major rule’’ under 5 U.S.C. 

804(2). 

V. Regulatory Flexibility Act 

The Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) does not apply to this 

rule, because an opportunity for public 

comment is not required to be given for 

this rule under 41 U.S.C. 1707(a)(1) (see 

Section II. of this preamble). 

Accordingly, no regulatory flexibility 

analysis is required, and none has been 

prepared. 

VI. 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 Parts 1812, 

1813, 1816, 1819, 1823, 1832, and 1852 

Government procurement. 

Erica Jones, 

NASA FAR Supplement Manager. 

Accordingly, 48 CFR parts 1812, 1813, 

1816, 1819, 1823, 1832, and 1852 are 

amended as follows: 

■ 1. The authority citation for parts 

1812, 1813, 1816, 1819, 1823, 1832 and 

1852 continues to read as follows: 

Authority: 51 U.S.C. 20113(a) and 48 CFR 

chapter 1. 

PARTS 1812, 1813, 1816, 1819, 1823, 

1832, and 1852—[AMENDED] 

■ 2. In parts 1812, 1816, 1819, 1823, 

1832, and 1852 revise all references to 

‘‘Commercial Items’’ to read 

‘‘Commercial Products and Commercial 

Services.’’ 

■ 3. Amend Part 1832, by— 

■ a. Revising the subpart heading of 

1832.1. 

■ b. Revising the heading to section 

1832.111. 

■ c. Revising the subpart heading of 

1832.4. 

The revisions read as follows: 

Subpart 1832.1—Other Than 

Commercial Products and Services 

Financing 

* * * * * 

1832.111 Contractor clauses for other 

than commercial purchases 

Subpart 1832.4—Advance Payments for 

Other Than Commercial Products and 

Commercial Services 

* * * * * 

[FR Doc. 2023–17720 Filed 9–18–23; 8:45 am] 

BILLING CODE 7510–13–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

[Docket No. 220523–0193; RTID 0648– 

XD337] 

Atlantic Highly Migratory Species; 

Atlantic Bluefin Tuna Fisheries; 

General Category September Time 

Period Quota Transfer and Closure 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; quota transfer 

and closure. 

SUMMARY: NMFS is transferring 21.7 

metric tons (mt) of Atlantic bluefin tuna 

(BFT) quota from the Reserve category 

to the General category September time 

period resulting in an adjusted 

September time period subquota of 

210 mt and a Reserve category quota of 

5.7 mt. NMFS is also simultaneously 

closing the General category fishery for 

large medium and giant (i.e., measuring 

73 inches (185 centimeters)) curved fork 

length or greater) BFT for the September 

time period. This action also waives the 

previously scheduled restricted-fishing 

days (RFDs) for the remainder of the 

September time period. With the RFDs 

waived during the closure, fishermen 

aboard General category permitted 

vessels and Highly Migratory Species 

(HMS) Charter/Headboat permitted 

vessels may tag and release BFT of all 

sizes, subject to the requirements of the 

catch-and-release and tag-and-release 

programs. On October 1, 2023, the 

fishery will reopen automatically and 

previously scheduled RFDs for October 

will resume. 

DATES: The transfer is effective 

September 17, 2023, through September 

30, 2023. The closure is effective 11:30 

p.m., local time, September 17, 2023, 

through September 30, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Larry Redd, Jr., larry.redd@noaa.gov, 

301–427–8503, and Ann Williamson, 

ann.williamson@noaa.gov, 301–427– 

8503. 

SUPPLEMENTARY INFORMATION: Atlantic 

HMS fisheries, including BFT fisheries, 

are managed under the authority of the 

Atlantic Tunas Convention Act (ATCA; 

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.). The 2006 Consolidated Atlantic 

HMS Fishery Management Plan (FMP) 

and its amendments are implemented 

by regulations at 50 CFR part 635. 

Section 635.27 divides the U.S. BFT 

quota recommended by the 

International Commission for the 

Conservation of Atlantic Tunas (ICCAT) 

and as implemented by the United 

States among the various domestic 

fishing categories, per the allocations 

established in the 2006 Consolidated 

HMS FMP and its amendments. NMFS 

is required under the Magnuson-Stevens 

Act to provide U.S. fishing vessels with 

a reasonable opportunity to harvest 

quotas under relevant international 

fishery agreements such as the ICCAT 

Convention, which is implemented 

domestically pursuant to ATCA. 

As described in § 635.27(a), the 

current baseline U.S. BFT quota is 

1,316.14 metric tons (mt) (not including 

the 25 mt ICCAT allocated to the United 

States to account for bycatch of BFT in 

pelagic longline fisheries in the 

Northeast Distant Gear Restricted Area). 

The baseline quotas for the General and 

Reserve categories are 710.7 mt and 

38.2 mt, respectively. The General 

category baseline quota is suballocated 

to different time periods. Relevant to 

this action, the baseline subquota for the 


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64386 Federal Register / Vol. 88, No. 180 / Tuesday, September 19, 2023 / Rules and Regulations 

September time period is 188.3 mt. To 

date, NMFS has published one action 

that resulted in adjustments to the 

Reserve category quota, resulting in an 

adjusted Reserve category quota of 

27.4 mt (88 FR 48136, July 26, 2023). In 

this action, NMFS is transferring 21.7 mt 

from the Reserve category to the General 

category September time period. This 

transfer results in 210 mt (188.3 mt + 

21.7 mt = 210 mt) being available for the 

General category September time 

period. This transfer also results in 

5.7 mt (27.4 mt¥21.7 mt = 5.7 mt) being 

available in the Reserve category 

through the remainder of the 2023 

fishing year, or until modified in a later 

action. 

Transfer of 21.7 mt From the Reserve 

Category to the General Category 

Under § 635.27(a)(8), NMFS has the 

authority to transfer quota among 

fishing categories or subcategories after 

considering the determination criteria 

provided under § 635.27(a)(7). NMFS 

has considered all of the relevant 

determination criteria and their 

applicability to this inseason quota 

transfer. These criteria include, but are 

not limited to, the following: 

Regarding the usefulness of 

information obtained from catches in 

the particular category for biological 

sampling and monitoring of the status of 

the stock (§ 635.27(a)(7)(i)), biological 

samples collected from BFT landed by 

General category fishermen and 

provided by BFT dealers continue to 

provide NMFS with valuable parts and 

data for ongoing scientific studies of 

BFT age and growth, migration, and 

reproductive status. Additional 

opportunity to land BFT in the General 

category would support the continued 

collection of a broad range of data for 

these studies and for stock monitoring 

purposes. 

NMFS considered the catches of the 

General category quota to date and the 

likelihood of overharvests and an earlier 

closure of the General category if no 

adjustment is made (§ 635.27(a)(7)(ii) 

and (ix)). To date, preliminary landings 

data indic ate that the General category 

has landed approximately 132.5 mt for 

the September time period. Without a 

quota transfer at this time, the General 

category would have exceeded the 

available quota and NMFS would have 

needed to close the General category 

fishery earlier. If this had happened, 

participants would have had to stop 

BFT fishing activities while 

commercial-sized BFT remain available 

in the areas where General category 

permitted vessels operate. A quota 

transfer of 21.7 mt at this time provides 

limited additional opportunities to 

harvest the U.S. BFT quota while 

avoiding a large exceedance. 

Regarding the projected ability of the 

vessels fishing under the General 

category to harvest the additional 

amount of BFT quota transferred before 

the end of the fishing year 

(§ 635.27(a)(7)(iii)), NMFS considered 

General category landings over the last 

several years and landings to date this 

year. Landings are highly variable and 

depend on access to commercial-sized 

BFT and fishing conditions, among 

other factors. Current reports indicate 

the General category has already 

harvested almost all of the transferred 

21.7 mt. Thus, this quota transfer would 

allow fishermen to take advantage of the 

availability of BFT on the fishing 

grounds and provide a reasonable 

opportunity to harvest the available U.S. 

BFT quota. 

NMFS also considered the estimated 

amounts by which quotas for other gear 

categories of the fishery might be 

exceeded (§ 635.27(a)(7)(iv)) and the 

ability to account for all 2023 landings 

and dead discards. In the last several 

years, total U.S. BFT landings have been 

below the available U.S. quota such that 

the United States has carried forward 

the maximum amount of underharvest 

allowed by ICCAT from one year to the 

next. NMFS anticipates having 

sufficient quota to account for landings 

and dead discards within the adjusted 

U.S. quota, consistent with ICCAT 

recommendations. 

NMFS also considered the effects of 

the adjustment on the BFT stock and the 

effects of the transfer on accomplishing 

the objectives of the FMP 

(§ 635.27(a)(7)(v) and (vi)). This transfer 

would be consistent with established 

quotas and subquotas, which are 

implemented consistent with ICCAT 

Recommendation 22–10, ATCA, and the 

objectives of the 2006 Consolidated 

HMS FMP and amendments. In 

establishing these quotas and subquotas 

and associated management measures, 

ICCAT and NMFS considered the best 

scientific information available, 

objectives for stock management and 

status, and effects on the stock. This 

quota transfer is in line with the 

established management measures and 

stock status determinations. Another 

principal consideration is the objective 

of providing opportunities to harvest the 

available General category quota 

without exceeding the annual quota. 

This consideration is based on the 

objectives of the 2006 Consolidated 

HMS FMP and its amendments, and 

includes achieving optimum yield on a 

continuing basis and optimizing the 

ability of all permit categories to harvest 

available BFT quota allocations (related 

to § 635.27(a)(7)(x)). Specific to the 

General category, this includes 

providing opportunities equitably across 

all time periods. 

Given these considerations, NMFS is 

transferring 21.7 mt of the available 

27.4 mt of Reserve category quota to the 

General category September time period 

subquota. Therefore, NMFS adjusts the 

General category September time period 

subquota to 210 mt and the Reserve 

category quota to 5.7 mt for the 

remainder of the 2023 fishing year, or 

until modified by a later action. 

Closure of the September 2023 General 

Category Fishery 

Under § 635.28(a)(1), NMFS files a 

closure action with the Office of the 

Federal Register for publication when a 

BFT quota (or subquota) is reached or is 

projected to be reached. Retaining, 

possessing, or landing BFT under that 

quota category is prohibited on or after 

the effective date and time of a closure 

notice for that category until the 

opening of the relevant subsequent 

quota period or until such date as 

specified. 

To date, reported landings for the 

General category September time period 

total approximately 132.5 mt. Based on 

these landings data, NMFS has 

determined that the adjusted General 

category September time period 

subquota of 210 mt is projected to be 

reached and exceeded shortly. 

Therefore, retaining, possessing, or 

landing large medium or giant (i.e., 

measuring 73 inches (185 cm) curved 

fork length or greater) BFT by persons 

aboard vessels permitted in the Atlantic 

Tunas General category and HMS 

Charter/Headboat permitted vessels 

(while fishing commercially) must cease 

at 11:30 p.m. local time on September 

17, 2023. This action applies to Atlantic 

Tunas General category (commercial) 

permitted vessels and HMS Charter/ 

Headboat permitted vessels with a 

commercial sale endorsement when 

fishing commercially for BFT and is 

taken consistent with the regulations at 

§ 635.28(a)(1). The General category will 

automatically reopen October 1, 2023, 

for the October through November 2023 

time period, with a default daily 

retention limit of one BFT per vessel. 

Adjustment of Daily Retention Limit for 

Selected Dates 

On May 25, 2023 (88 FR 33839), 

NMFS published a final rule 

implementing RFDs every Tuesday, 

Friday, and Saturday from July 1 

through November 30, 2023. Since the 

fishery will be closed for the remainder 

of the September time period, NMFS 

waives the previously scheduled RFDs 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 88, No. 180 / Tuesday, September 19, 2023 / Rules and Regulations 64387 

for the remainder of that time period. 

Previously scheduled RFDs will resume 

on October 1, 2023. 

With the RFDs waived during the 

closure, consistent with § 635.23(a)(4), 

fishermen aboard General category 

permitted vessels and HMS Charter/ 

Headboat permitted vessels may tag and 

release BFT of all sizes, subject to the 

requirements of the catch-and-release 

and tag-and-release programs at 

§ 635.26. 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 https://

www.fisheries.noaa.gov/resource/ 

outreach-and-education/careful-catchand-release-brochure/. 

Monitoring and Reporting 

NMFS will continue to monitor the 

BFT fishery closely. Dealers are required 

to submit landing reports within 24 

hours of a dealer receiving BFT. Late 

reporting by dealers compromises 

NMFS’ ability to timely implement 

actions such as quota and retention 

limit adjustments, as well as closures, 

and may result in enforcement actions. 

Additionally, and separate from the 

dealer reporting requirement, General 

and HMS Charter/Headboat category 

vessel owners are required to report 

their own catch of all BFT retained or 

discarded dead within 24 hours of the 

landing(s) or end of each trip, by 

accessing https://

www.hmspermits.noaa.gov or by using 

the HMS Catch Reporting app, or calling 

(888) 872–8862 (Monday through Friday 

from 8 a.m. until 4:30 p.m.). 

After the fishery reopens on October 

1, depending on the level of fishing 

effort and catch rates of BFT, NMFS 

may determine that additional 

adjustments are necessary to ensure 

available subquotas are not exceeded or 

to enhance scientific data collection 

from, and fishing opportunities in, all 

geographic areas. If needed, subsequent 

adjustments will be published in the 

Federal Register. In addition, fishermen 

may access https://

www.hmspermits.noaa.gov, for updates 

on quota monitoring and inseason 

adjustments. 

Classification 

NMFS issues this action pursuant to 

section 305(d) of the Magnuson-Stevens 

Act and regulations at 50 CFR part 635 

and is exempt from review under 

Executive Order 12866. 

The Assistant Administrator for 

NMFS (AA) finds that pursuant to 5 

U.S.C. 533(b)(B), there is good cause to 

waive prior notice and opportunity to 

provide comment on this action, as 

notice and comment would be 

impracticable and contrary to this action 

for the following reasons. Specifically, 

the regulations implementing the 2006 

Consolidated HMS FMP and 

amendments provide for inseason 

retention limit adjustments 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. 

Providing prior notice and opportunity 

for public comment on this quota 

transfer and closure of the General 

category is impracticable and contrary 

to the public interest as the General 

category fishery is currently underway 

for the September time period. Based on 

General category catch rates, a delay in 

this action would likely result in BFT 

landings exceeding the adjusted 

September 2023 General category quota. 

Subquota exceedance may result in the 

need to reduce quota for the General 

category later in the year and thus could 

affect later fishing opportunities. NMFS 

could not have proposed this action 

earlier, as it needed to consider and 

respond to updated landings data, in 

deciding to transfer a portion of the 

Reserve category quota to the General 

category quota. This action does not 

raise conservation and management 

concerns. Transferring quota from the 

Reserve category to the General category 

does not affect the overall U.S. BFT 

quota, and available data show the 

adjustment would have a minimal risk 

of exceeding the ICCAT-allocated quota. 

NMFS notes that the public had an 

opportunity to comment on the 

underlying rulemakings that established 

the U.S. BFT quota and the inseason 

adjustment criteria. 

For all of the above reasons, the AA 

finds that pursuant to 5 U.S.C. 553(d), 

there is good cause to waive the 30-day 

delay in effective date. 

Authority: 16 U.S.C. 971 et seq. and 1801 

et seq. 

Dated: September 13, 2023. 

Jennifer M. Wallace, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2023–20148 Filed 9–14–23; 4:15 pm] 

BILLING CODE 3510–22–P 


ddrumheller on DSK120RN23PROD with RULES1