41018 Federal Register / Vol. 83, No. 160 / Friday, August 17, 2018 / Rules and Regulations 

to statute, 7 U.S.C. 1501 et seq. (the 

Federal Crop Insurance Act), and 

regulation, 7 CFR 24.4(b) and 400.169. 

The Board has this authority under an 

agreement with the Secretary of 

Agriculture, as permitted under section 

42(c)(2) of the Office of Federal 

Procurement Policy Act, 41 U.S.C. 

438(c)(2). 

6102.202 Rules for crop insurance cases 

[Rule 202]. 

The rules of procedure for these cases 

are the same as the rules of procedure 

for Contract Disputes Act appeals, with 

these exceptions: 

(a) Rule 1(b)(48 CFR 6101.1(b)). (1) 

The term ‘‘appeal’’ means a dispute 

between an insurance company that is 

a party to a Standard Reinsurance 

Agreement (or other reinsurance 

agreement) and the RMA, and the term 

‘‘appellant’’ means the insurance 

company filing an appeal. 

(2) A notice of appeal is filed upon its 

receipt by the Office of the Clerk of the 

Board, not when it is mailed. 

(3) The terms ‘‘petition’’ and 

‘‘petitioner’’ do not apply to FCIC cases. 

(b) Rule 2 (48 CFR 6101.2). (1) Rule 

2(a) (48 CFR 6101.2(a)) is replaced with 

the following for FCIC cases: A notice of 

appeal shall be in writing and shall be 

signed by the appellant or by the 

appellant’s attorney or authorized 

representative. If the appeal is from a 

determination by the Deputy 

Administrator of Insurance Services 

regarding an action alleged not to be in 

accordance with the provisions of a 

Standard Reinsurance Agreement (or 

other reinsurance agreement), or if the 

appeal is from a determination by the 

Deputy Administrator of Compliance 

concerning a determination regarding a 

compliance matter, the notice of appeal 

should describe the determination in 

enough detail to enable the Board to 

differentiate that decision from any 

other; the appellant can satisfy this 

requirement by attaching to the notice of 

appeal a copy of the Deputy 

Administrator’s determination. If an 

appeal is taken from the failure of the 

Deputy Administrator to make a timely 

determination, the notice of appeal 

should describe in detail the matter that 

the Deputy Administrator has failed to 

determine; the appellant can satisfy this 

requirement by attaching to the notice of 

appeal a copy of the written request for 

a determination it sent to the Deputy 

Administrator. 

(2) In Rule 2(a) (48 CFR 6101.2(a)), the 

references to ‘‘contracting officer’’ are 

references to ‘‘Deputy Administrator.’’ 

(3) Rule 2(b) (48 CFR 6101.2(b)) does 

not apply to FCIC cases. 

(4) In Rule 2(d)(1) (48 CFR 

6101.2(d)(1)), an appeal from a 

determination of a Deputy 

Administrator shall be filed no later 

than 90 calendar days after the date the 

appellant receives that determination. 

The Board is authorized to resolve only 

those appeals that are timely filed. 

(5) In Rule 2(d)(2) (48 CFR 

6101.2(d)(2)), an appeal may be filed 

with the Board if the Deputy 

Administrator fails or refuses to issue a 

determination within 90 days after the 

appellant submits a request for a 

determination. 

(c) Rule 4 (48 CFR 6101.4). (1) In Rule 

4, the references to ‘‘contracting officer’’ 

are references to ‘‘Deputy 

Administrator.’’ 

(2) In Rule 4(a), paragraphs (1) 

through (7) (48 CFR 6101.4(a)(1) through 

(7)), describing materials included in 

the appeal file, are replaced by the 

following: 

(i) The determination of the Deputy 

Administrator that is the subject of the 

dispute; 

(ii) The reinsurance agreement (with 

amendments or modifications) at issue 

in the dispute; 

(iii) Pertinent correspondence 

between the parties that is relevant to 

the dispute, including prior 

administrative determinations and 

related submissions; 

(iv) Documents and other tangible 

materials on which the Deputy 

Administrator relied in making the 

underlying determination; and 

(v) Any additional material pertinent 

to the authority of the Board or the 

resolution of the dispute. 

(3) The following subsection is added 

to Rule 4 (48 CFR 6101.4): Media on 

which appeal file is to be submitted. All 

appeal file submissions, including the 

index, shall be submitted in two forms: 

Paper and in a text or .pdf format 

submitted on a compact disk. Each 

compact disk shall be labeled with the 

name and docket number of the case. 

The judge may delay the submission of 

the compact disk copy of the appeal file 

until the close of the evidentiary record. 

(d) Rule 5 (48 CFR 6101.5). In Rule 

5(a)(2) (48 CFR 6101.5(a)(2)), the 

references to ‘‘contracting officer’’ are 

references to ‘‘Deputy Administrator.’’ 

(e) Rule 15 (48 CFR 6101.15). In Rule 

15(c) (48 CFR 6101.15(c)), the final 

sentence does not apply to FCIC cases. 

(f) Rule 16 (48 CFR 6101.16). Rules 16 

(b) through (h) (48 CFR 6101.16(b) 

through (h)) do not apply to FCIC cases. 

Instead, upon the written request of any 

party filed with the Office of the Clerk 

of the Board, or upon the initiative of a 

judge, a judge is authorized by 

delegation from the Secretary of 

Agriculture to request the appropriate 

United States Attorney to apply to the 

appropriate United States District Court 

for the issuance of subpoenas pursuant 

to 5 U.S.C. 304. 

(g) Rule 25 (48 CFR 6101.25). In Rule 

25(a) (48 CFR 6101.25(a)), the phrase, 

‘‘except as allowed by Rule 52,’’ does 

not apply to FCIC cases. 

(h) Rule 32 (48 CFR 6101.32). Rule 32 

(a) through (c) (48 CFR 6101.32(a) 

through (c)) are replaced with the 

following for FCIC cases: 

(1) Finality of Board decision. A 

decision of the Board is a final 

administrative decision. 

(2) Appeal permitted. An appellant 

may file suit in the appropriate United 

States District Court to challenge the 

Board’s decision. An appellant filing 

such a suit shall provide the Board with 

a copy of the complaint. 

(i) Rule 52 (48 CFR 6101.52). Rule 52 

does not apply to FCIC cases. 

(j) Rule 53 (48 CFR 6101.52). Rule 53 

does not apply to FCIC cases. 

[FR Doc. 2018–17213 Filed 8–16–18; 8:45 am] 

BILLING CODE 6820–AL–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 120815345–3525–02] 

RIN 0648–XG420 

Snapper-Grouper Fishery of the South 

Atlantic; 2018 Commercial 

Accountability Measure and Closure 

for the Other Jacks Complex 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS implements an 

accountability measure (AM) for the 

Other Jacks Complex commercial sector 

in the exclusive economic zone (EEZ) of 

the South Atlantic for the 2018 fishing 

year through this temporary rule. The 

Other Jacks Complex is composed of the 

lesser amberjack, almaco jack, and 

banded rudderfish. NMFS projects that 

commercial landings of the Other Jacks 

Complex will reach the combined 

commercial annual catch limit (ACL) by 

August 22, 2018. Therefore, NMFS 

closes the commercial sector for this 

complex in the South Atlantic EEZ, on 

August 22, 2018, and it will remain 

closed until the start of the next fishing 

year on January 1, 2019. This closure is 


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Federal Register / Vol. 83, No. 160 / Friday, August 17, 2018 / Rules and Regulations 41019 

necessary to protect the lesser 

amberjack, almaco jack, and banded 

rudderfish resources. 

DATES: This temporary rule is effective 

at 12:01 a.m., local time, on August 22, 

2018, until 12:01 a.m., local time, on 

January 1, 2019. 

FOR FURTHER INFORMATION CONTACT: 

Mary Vara, NMFS Southeast Regional 

Office, telephone: 727–824–5305, email: 

mary.vara@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

snapper-grouper fishery of the South 

Atlantic includes lesser amberjack, 

almaco jack, and banded rudderfish, 

which combined are the Other Jacks 

Complex. The Other Jacks Complex is 

managed under the Fishery 

Management Plan for the SnapperGrouper Fishery of the South Atlantic 

Region (FMP). The FMP was prepared 

by the South Atlantic Fishery 

Management Council and is 

implemented by NMFS under the 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act) by 

regulations at 50 CFR part 622. 

The combined commercial ACL for 

the Other Jacks Complex is 189,422 lb 

(85,920 kg), round weight. Under 50 

CFR 622.193(l)(1)(i), NMFS is required 

to close the commercial sector for the 

Other Jacks Complex when the 

commercial ACL has been reached, or is 

projected to be reached, by filing a 

notification to that effect with the Office 

of the Federal Register. NMFS has 

determined that the commercial sector 

for this complex is projected to reach its 

ACL by August 22, 2018. Therefore, this 

temporary rule implements an AM to 

close the commercial sector for the 

Other Jacks Complex in the South 

Atlantic, effective at 12:01 a.m., local 

time, on August 22, 2018. 

The operator of a vessel with a valid 

commercial permit for South Atlantic 

snapper-grouper having lesser 

amberjack, almaco jack, or banded 

rudderfish on board must have landed 

and bartered, traded, or sold such 

species prior to 12:01 a.m., local time, 

on August 22, 2018. During the 

commercial closure, the recreational bag 

limit specified in 50 CFR 622.187(b)(8) 

and the possession limits specified in 50 

CFR 622.187(c) apply to all harvest or 

possession of lesser amberjack, almaco 

jack, or banded rudderfish in or from 

the South Atlantic EEZ, while the 

recreational sector is open. These 

recreational bag and possession limits 

apply in the South Atlantic on board a 

vessel for which a valid Federal 

commercial or charter vessel/headboat 

permit for South Atlantic snappergrouper has been issued, regardless of 

whether such species were harvested in 

state or Federal waters. During the 

commercial closure, the sale or 

purchase of lesser amberjack, almaco 

jack, or banded rudderfish taken from 

the South Atlantic EEZ is prohibited. 

Classification 

The Regional Administrator for the 

NMFS Southeast Region has determined 

this temporary rule is necessary for the 

conservation and management of the 

fish in the Other Jacks Complex, a 

component of the South Atlantic 

snapper-grouper fishery, and is 

consistent with the Magnuson-Stevens 

Act and other applicable laws. 

This action is taken under 50 CFR 

622.193(l)(1)(i) and is exempt from 

review under Executive Order 12866. 

These measures are exempt from the 

procedures of the Regulatory Flexibility 

Act because the temporary rule is issued 

without opportunity for prior notice and 

public comment. 

This action responds to the best 

scientific information available. The 

Assistant Administrator for NOAA 

Fisheries (AA) finds that the need to 

immediately implement this action to 

close the commercial sector for the 

Other Jacks Complex constitutes good 

cause to waive the requirements to 

provide prior notice and opportunity for 

public comment pursuant to the 

authority set forth in 5 U.S.C. 553(b)(B), 

as such procedures are unnecessary and 

contrary to the public interest. Such 

procedures are unnecessary because the 

rule implementing the AM itself has 

been subject to notice and comment, 

and all that remains is to notify the 

public of the closure. Such procedures 

are contrary to the public interest 

because of the need to immediately 

implement this action to protect the 

species in the Other Jacks Complex, 

since the capacity of the fishing fleet 

allows for rapid harvest of the 

commercial ACL. Prior notice and 

opportunity for public comment would 

require time and would potentially 

result in a harvest well in excess of the 

established commercial ACL. 

For the aforementioned reasons, the 

AA also finds good cause to waive the 

30-day delay in the effectiveness of this 

action under 5 U.S.C. 553(d)(3). 

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

Dated: August 13, 2018. 

Margo B. Schulze-Haugen, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2018–17719 Filed 8–16–18; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 170816769–8162–02] 

RIN 0648–XG402 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Sablefish in the West 

Yakutat District of the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting retention 

of sablefish by vessels using trawl gear 

in the West Yakutat District of the Gulf 

of Alaska (GOA). This action is 

necessary because the 2018 total 

allowable catch of sablefish allocated to 

vessels using trawl gear in the West 

Yakutat District of the GOA will be 

reached. 

DATES: Effective 1200 hours, Alaska 

local time (A.l.t.), August 14, 2018, 

through 2400 hours, A.l.t., December 31, 

2018. 

FOR FURTHER INFORMATION CONTACT: 

Steve Whitney, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

under authority of the MagnusonStevens Fishery Conservation and 

Management Act. Regulations governing 

fishing by U.S. vessels in accordance 

with the FMP appear at subpart H of 50 

CFR part 600 and 50 CFR part 679. 

The 2018 total allowable catch (TAC) 

of sablefish allocated to vessels using 

trawl gear in the West Yakutat District 

of the GOA is 240 metric tons (mt) as 

established by the final 2018 and 2019 

harvest specifications for groundfish of 

the GOA (83 FR 8768, March 1, 2018). 

In accordance with § 679.20(d)(2), the 

Administrator, Alaska Region, NMFS 

(Regional Administrator), has 

determined that the 2018 TAC of 

sablefish allocated to vessels using trawl 

gear in the West Yakutat District of the 

GOA will be reached. Therefore, NMFS 

is requiring that sablefish caught by 

vessels using trawl gear in the West 

Yakutat District of the GOA be treated 

as prohibited species in accordance 

with § 679.21(b). 


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