Federal Register / Vol. 83, No. 113 / Tuesday, June 12, 2018 / Proposed Rules 27305 

Dated: June 6, 2018. 

William F. Clark, 

Director, Office of Government-wide 

Acquisition Policy, Office of Acquisition 

Policy, Office of Government-wide Policy. 

Therefore, DoD, GSA, and NASA 

proposes to amend 48 CFR part 15 as set 

forth below: 

PART 15—CONTRACTING BY 

NEGOTIATION 

■ 1. The authority citation for 48 CFR 

part 15 continues to read as follows: 

Authority: 40 U.S.C. 121(c); 10 U.S.C. 

chapter 137; and 51 U.S.C. 20113. 

15.305 [Amended] 

■ 2. Amend section 15.305 by removing 

from paragraph (a)(1) in the fourth 

sentence ‘‘(see 15.403–1(c)(1)(i)(B))’’ and 

adding ‘‘(see 15.403–1(c)(1)(i)(A)(2))’’ in 

its place. 

■ 3. Amend section 15.403–1 by— 

■ a. Revising the heading of paragraph 

(c); and 

■ b. Revising paragraph (c)(1) to read as 

follows: 

15.403–1 Prohibition on obtaining certified 

cost or pricing data (10 U.S.C. 2306a and 41 

U.S.C. chapter 35). 

* * * * * 

(c) Standards for exceptions from 

certified cost or pricing data 

requirements. 

(1) Adequate price competition. (i) 

For agencies other than DoD, NASA, 

and the Coast Guard, a price is based on 

adequate price competition if— 

(A) Two or more responsible offerors, 

competing independently, submit 

priced offers that satisfy the 

Government’s expressed requirement 

and if— 

(1) Award will be made to the offeror 

whose proposal represents the best 

value (see 2.101) where price is a 

substantial factor in source selection; 

and 

(2) There is no finding that the price 

of the otherwise successful offeror is 

unreasonable. Any finding that the price 

is unreasonable must be supported by a 

statement of the facts and approved at 

a level above the contracting officer; 

(B) There was a reasonable 

expectation, based on market research 

or other assessment, that two or more 

responsible offerors, competing 

independently, would submit priced 

offers in response to the solicitation’s 

expressed requirement, even though 

only one offer is received from a 

responsible offeror and if— 

(1) Based on the offer received, the 

contracting officer can reasonably 

conclude that the offer was submitted 

with the expectation of competition, 

e.g., circumstances indicate that— 

(i) The offeror believed that at least 

one other offeror was capable of 

submitting a meaningful offer; and 

(ii) The offeror had no reason to 

believe that other potential offerors did 

not intend to submit an offer; and 

(2) The determination that the 

proposed price is based on adequate 

price competition and is reasonable has 

been approved at a level above the 

contracting officer; or 

(C) Price analysis clearly 

demonstrates that the proposed price is 

reasonable in comparison with current 

or recent prices for the same or similar 

items, adjusted to reflect changes in 

market conditions, economic 

conditions, quantities, or terms and 

conditions under contracts that resulted 

from adequate price competition. 

(ii) For DoD, NASA, and the Coast 

Guard, a price is based on adequate 

price competition only if two or more 

responsible offerors, competing 

independently, submit responsive and 

viable offers. (10 U.S.C. 

2306a(b)(1)(A)(i)). 

* * * * * 

15.404–1 [Amended] 

■ 4. Amend section 15.404–1 by 

removing from paragraph (b)(2)(i) ‘‘(see 

15.403–1(c)(1)(i))’’ and adding ‘‘(see 

15.403–1(c)(1)(i) and (ii))’’ in its place. 

[FR Doc. 2018–12539 Filed 6–11–18; 8:45 am] 

BILLING CODE 6820–EP–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 300 

[Docket No. 180202124–8124–01] 

RIN 0648–BH59 

International Fisheries; Eastern Pacific 

Tuna Fisheries; Western and Central 

Pacific Fisheries for Highly Migratory 

Species; Area of Overlap Between the 

Convention Areas of the InterAmerican Tropical Tuna Commission 

and the Western and Central Pacific 

Fisheries Commission 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Advance notice of proposed 

rulemaking; request for comments. 

SUMMARY: NMFS is considering whether 

to continue, or to revise, the 

management regime for fishing vessels 

that target tuna and other highly 

migratory fish species (HMS) in the area 

of overlapping jurisdiction between the 

Inter-American Tropical Tuna 

Commission (IATTC) and the 

Commission for the Conservation and 

Management of Highly Migratory Fish 

Stocks in the Western and Central 

Pacific Ocean (WCPFC) in the tropical 

Pacific Ocean. To that end, we are 

issuing this advance notice of proposed 

rulemaking to seek public input about 

whether U.S. fishing vessels fishing in 

that area should be governed by 

conservation measures adopted by 

IATTC or conservation measures 

adopted by WCPFC. 

DATES: Comments on this advance 

notice of proposed rulemaking must be 

submitted in writing by July 12, 2018. 

ADDRESSES: You may submit comments 

on this document, identified by NOAA– 

NMFS–2018–0049, by any of the 

following methods: 

• Electronic submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

www.regulations.gov/#!docketDetail;D=

NOAA-NMFS-2018-0049, click the 

‘‘Comment Now!’’ icon, complete the 

required fields, and enter or attach your 

comments. 

• Mail: Submit written comments to 

Michael D. Tosatto, Regional 

Administrator, NMFS, Pacific Islands 

Regional Office, 1845 Wasp Blvd., 

Building 176, Honolulu, HI 96818. 

• Fax: (808) 725–5215; Attn: Michael 

D. Tosatto, Regional Administrator, 

NMFS, Pacific Islands Regional Office. 

Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the end of 

the comment period, might 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 and 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). 

SUPPLEMENTARY INFORMATION: 

Background 

The United States is a member of both 

the IATTC and WCPFC. The convention 

areas for the IATTC and WCPFC overlap 

in the Pacific Ocean waters within a 

rectangular area bounded by 50° S 

latitude, 150° W longitude, 130° W 

longitude, and 4° S latitude (‘‘overlap 

area’’). Historically, regulations 

implementing the conservation 

measures adopted by the IATTC (see 50 


pmangrum on DSK30RV082PROD with PROPOSALS
27306 Federal Register / Vol. 83, No. 113 / Tuesday, June 12, 2018 / Proposed Rules 

CFR part 300, subpart C) and the 

WCPFC (see 50 CFR part 300, subpart O) 

both applied to U.S. vessels fishing for 

HMS in the overlap area. In 2012, the 

IATTC and the WCPFC adopted 

recommendations/decisions that 

provide that each member belonging to 

both commissions is to decide, for a 

period of not less than 3 years, whether 

IATTC or WCPFC conservation and 

management measures will apply to 

vessels of that member listed in both 

WCPFC Record of Fishing Vessels 

(record) and IATTC Regional Vessel 

Register List (register) while fishing in 

the overlap area. 

In accordance with the WCPFC 

decision and IATTC recommendation 

regarding the overlap area, NMFS issued 

a final rule on April 26, 2016 (see 81 FR 

24501, effective May 26, 2016; hereafter 

‘‘2016 final rule’’), excluding the 

overlap area from the description of the 

IATTC Convention Area for the purpose 

of the regulations implementing 

conservation measures of the IATTC (50 

CFR part 300, subpart C), except that 

IATTC Regional Vessel Register 

regulations at 50 CFR 300.22(b) 

continue to apply in the overlap area. 

Under the 2016 final rule regulations 

implementing conservation measures of 

the WCPFC continue to apply in the 

overlap area to vessels of all gear types 

listed in both WCPFC record and IATTC 

register. The requirement for U.S. 

vessels that fish for tuna and other HMS 

to be listed on the IATTC Regional 

Vessel Register continues to apply in the 

overlap area because the IATTC 

Regional Vessel Register is used to 

implement the Agreement on the 

International Dolphin Conservation 

Program (AIDCP), which is a separate 

international agreement that applies to 

purse seine vessels that fish in the 

eastern Pacific, including the overlap 

area. The AIDCP has not adopted a 

decision that would allow the United 

States to exempt vessels from AIDCP 

requirements even if only WCPFC 

requirements apply in the overlap area. 

Before the 2016 final rule was issued, 

NMFS evaluated the expected impacts 

of the rule by reviewing fishing activity 

in the overlap area and concluded that 

U.S. vessels did not often fish for HMS 

in the overlap area. The rule simplified 

regulations for U.S. vessels fishing in 

the area because, aside from the IATTC 

Regional Vessel Register requirements, 

affected vessels would be required to 

follow only the measures of the WCPFC 

rather than those of both the WCPFC 

and the IATTC. 

Advance Notice of Proposed 

Rulemaking 

NMFS implements decisions of the 

WCPFC under the authority of the 

Western and Central Pacific Fisheries 

Convention Implementation Act (16 

U.S.C. 6901 et seq.), and decisions of the 

IATTC under the authority of the Tuna 

Conventions Act (16 U.S.C. 951 et seq.). 

In the preamble to the 2016 final rule, 

NMFS indicated that within the next 3 

years, it may reevaluate the spatial 

distribution of fishing effort by U.S. 

fishing vessels fishing under the IATTC 

and WCPFC Conventions, especially 

with respect to the differences and 

similarities between fishing in the 

eastern Pacific Ocean (EPO) and the 

western and central Pacific Ocean 

(WCPO). 

NMFS seeks to better understand the 

effects of the 2016 final rule and the 

potential effects of applying the IATTC 

versus the WCPFC management 

measures for the overlap area. NMFS is 

interested in public comment on 

whether and, if so, how fishing effort by 

U.S. vessels fishing under the IATTC 

and WCPFC convention areas has 

changed since the 2016 final rule was 

issued and whether and how fishing 

effort might change in the foreseeable 

future. NMFS is interested in receiving 

any information, including but not 

limited to the impacts of the 2016 final 

rule on the fishing patterns of U.S.- 

flagged fishing vessels, their costs of 

fishing, the expected locations of fishing 

grounds in the foreseeable future, 

particularly with respect to the WCPO 

versus the EPO, and the expected costs 

to U.S. fishing businesses of applying 

IATTC versus WCPFC management 

measures to the overlap area. 

This advance notice of proposed 

rulemaking solicits information from the 

public that would be useful in 

evaluating the effects of the IATTC 

versus the WCPFC management 

measures for the overlap area. If 

warranted by the findings of this 

examination, NMFS may propose reapplying IATTC management measures 

in the overlap area while removing 

WCPFC management measures. 

Classification 

This advance notice of proposed 

rulemaking has been determined to be 

not significant for the purposes of 

Executive Order 12866. 

Authority: 16 U.S.C. 6901 et seq., 16 U.S.C. 

951 et seq. 

Dated: June 6, 2018. 

Samuel D. Rauch, III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2018–12554 Filed 6–11–18; 8:45 am] 

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