Federal Register / Vol. 88, No. 222 / Monday, November 20, 2023 / Rules and Regulations 80639 

II. Publication of This Final Rule for 

Public Comment Is Not Required by 

Statute 

‘‘Publication of proposed 

regulations’’, 41 U.S.C. 1707, is the 

statute which applies to the publication 

of the Federal Acquisition Regulation. 

Paragraph (a)(1) of the statute requires 

that a procurement policy, regulation, 

procedure or form (including an 

amendment or modification thereof) 

must be published for public comment 

if it relates to the expenditure of 

appropriated funds, and has either a 

significant effect beyond the internal 

operating procedures of the agency 

issuing the policy, regulation, procedure 

or form, or has a significant cost or 

administrative impact on contractors or 

offerors. This final rule is not required 

to be published for public comment, 

because NASA is not issuing a new 

regulation; rather, this rule is merely 

deleting Alternate I to NFS clause 

1852.215–84 Ombudsman since the 

alternate to the clause is no longer 

needed. 

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 1815 

and 1852 

Government procurement. 

Erica D. Jones, 

NASA FAR Supplement Manager. 

Accordingly, NASA amends 48 CFR 

parts 1815 and 1852 as follows: 

■ 1. The authority citation for parts 

1815 and 1852 continue to read as 

follows: 

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

chapter 1. 

PART 1815—CONTRACTING BY 

NEGOTIATION 

■ 2. Revise section 1815.7003 to read as 

follows: 

1815.7003 Contract clause. 

The contracting officer shall insert a 

clause substantially the same as the one 

at 1852.215–84, Ombudsman, in all 

solicitations (including draft 

solicitations) and contracts. 

PART 1852—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 3. Amend section 1852.215–84 by: 

■ a. Revising the date of the clause and 

paragraph (b); and 

■ b. Removing ALTERNATE I. 

The revisions read as follows: 

1852.215–84 Ombudsman. 

* * * * * 

Ombudsman (NOV 2023) 

* * * * * 

(b) If resolution cannot be made by 

the contracting officer, interested parties 

may contact the installation 

ombudsman, whose name, address, 

telephone number, facsimile number, 

and email address may be found at 

https://www.hq.nasa.gov/office/ 

procurement/regs/ProcurementOmbuds-Comp-Advocate-Listing.pdf. 

Concerns, issues, disagreements, and 

recommendations which cannot be 

resolved at the installation may be 

referred to the Agency ombudsman 

identified at the above URL. Please do 

not contact the ombudsman to request 

copies of the solicitation, verify offer 

due date, or clarify technical 

requirements. Such inquiries shall be 

directed to the Contracting Officer or as 

specified elsewhere in this document. 

(End Clause) 

[FR Doc. 2023–25581 Filed 11–17–23; 8:45 am] 

BILLING CODE 7510–13–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 221215–0272; RTID 0648– 

XD537] 

Fisheries of the Northeastern United 

States; Atlantic Bluefish Fishery; 

Quota Transfers From NY and MD to 

NC 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notification of quota transfers. 

SUMMARY: NMFS announces that the 

States of New York and Maryland are 

transferring a portion of their 2023 

commercial bluefish quota to the State 

of North Carolina. These adjustments to 

the 2023 fishing year quotas are 

necessary to comply with the Atlantic 

Bluefish Fishery Management Plan 

quota transfer provisions. This 

announcement informs the public of the 

revised 2023 commercial bluefish 

quotas for New York, Maryland, and 

North Carolina. 

DATES: Effective November 17, 2023, 

through December 31, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Laura Deighan, Fishery Management 

Specialist, (978) 281–9184. 

SUPPLEMENTARY INFORMATION: 

Regulations governing the Atlantic 

bluefish fishery are found in 50 CFR 

648.160 through 648.167. These 

regulations require annual specification 

of a commercial quota that is 

apportioned among the Coastal States 

from Maine through Florida. The 

process to set the annual commercial 

quota and the percent allocated to each 

State is described in § 648.162, and the 

final 2023 allocations were published 

on December 21, 2022 (87 FR 78011). 


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80640 Federal Register / Vol. 88, No. 222 / Monday, November 20, 2023 / Rules and Regulations 

The final rule implementing 

Amendment 1 to the Bluefish Fishery 

Management Plan (FMP), as published 

in the Federal Register on July 26, 2000 

(65 FR 45844), provided a mechanism 

for transferring bluefish commercial 

quota from one State to another. Two or 

more States, under mutual agreement 

and with the concurrence of the NMFS 

Greater Atlantic Regional Administrator, 

can request approval to transfer or 

combine bluefish commercial quota 

under § 648.162(e)(1)(i) through (iii). 

The Regional Administrator must 

approve any such transfer based on the 

criteria in § 648.162(e). In evaluating 

requests to transfer a quota or combine 

quotas, the Regional Administrator shall 

consider whether: the transfer or 

combinations would preclude the 

overall annual quota from being fully 

harvested; the transfer addresses an 

unforeseen variation or contingency in 

the fishery; and the transfer is consistent 

with the objectives of the FMP and the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act). The Regional 

Administrator has determined these 

three criteria have been met for the 

transfers approved in this notification. 

New York is transferring 25,000 

pounds (lb) (11,340 kilograms (kg)) and 

Maryland is transferring 50,000 lb 

(22,680 kg) to North Carolina, through 

mutual agreements of the States. These 

transfers were requested to ensure that 

North Carolina would not exceed its 

2023 State quota. The revised bluefish 

quotas for 2023 are: New York, 535,031 

lb (242,686 kg); Maryland, 65,409 lb 

(29,669 kg); and North Carolina, 

1,639,077 lb (743,473 kg). 

Classification 

NMFS issues this action pursuant to 

section 305(d) of the Magnuson-Stevens 

Act. This action is required by 50 CFR 

648.162(e)(1)(i) through (iii), which was 

issued pursuant to section 304(b), and is 

exempted from review under Executive 

Order 12866. 

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

Dated: November 15, 2023. 

Kelly Denit, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 2023–25579 Filed 11–17–23; 8:45 am] 

BILLING CODE 3510–22–P 


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