Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Rules and Regulations 40683 

p.m. through 9:35 p.m. on August 19, 

2018. The Captain of the Port Detroit, or 

a designated representative may 

suspend enforcement of the safety zone 

at any time. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23, entry 

into, transiting or anchoring within this 

safety zone is prohibited unless 

authorized by the Captain of the Port 

Detroit, or his designated representative. 

(2) This safety zone is closed to all 

vessel traffic, except as may be 

permitted by the Captain of the Port 

Detroit or his designated representative. 

(3) The ‘‘designated representative’’ of 

the Captain of the Port Detroit is any 

Coast Guard commissioned, warrant, or 

petty officer who has been designated 

by the Captain of the Port Detroit to act 

on his behalf. The designated 

representative of the Captain of the Port 

Detroit will be aboard either a Coast 

Guard or Coast Guard Auxiliary vessel. 

The Captain of the Port Detroit or his 

designated representative may be 

contacted via VHF Channel 16. 

(4) Vessel operators desiring to enter 

or operate within the safety zone shall 

contact the Captain of the Port Detroit 

or his designated representative to 

obtain permission to do so. The COTP 

or his on-scene representative may be 

contacted via VHF Channel 16. Vessel 

operators given permission to enter or 

operate in the safety zone must comply 

with all directions given to them by the 

Captain of the Port Detroit or his 

designated representative. 

Dated: August 10, 2018. 

Jeffrey W. Novak, 

Captain, U.S. Coast Guard, Captain of the 

Port Detroit. 

[FR Doc. 2018–17698 Filed 8–15–18; 8:45 am] 

BILLING CODE 9110–04–P 

GENERAL SERVICES 

ADMINISTRATION 

48 CFR Part 552 

[GSAR Change 89; GSAR Case 2016–G506; 

Docket No. 2016–0016; Sequence No.2] 

RIN 3090–AJ75 

General Services Administration 

Acquisition Regulation (GSAR); 

Federal Supply Schedule, Order-Level 

Materials; Technical Amendment 

AGENCY: Office of Acquisition Policy, 

General Services Administration (GSA). 

ACTION: Final rule. 

SUMMARY: GSA is amending the General 

Services Administration Regulation 

(GSAR) to clarify the text regarding the 

application of the threshold for orderlevel materials (OLMs). 

DATES: Effective: August 16, 2018. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Leah Price, GSA Acquisition Policy 

Division, Senior Policy Advisor, at 

leah.price@gsa.gov. For information 

pertaining to status or publication 

schedules, contact the Regulatory 

Secretariat Division at 202–501–4755. 

Please cite GSAR Case 2016–G506. 

SUPPLEMENTARY INFORMATION: 

I. Background 

GSAR Case 2016–G506; Federal 

Supply Schedule, Order-Level 

Materials, was published in the Federal 

Register at 83 FR 3275, on January 24, 

2018. Since then, clarification is 

required regarding the application of the 

33.33 percent threshold of order-level 

materials (OLMs) for task or delivery 

orders and orders against Federal 

Supply Schedule (FSS) BPAs awarded 

under FSS contracts at GSAR 552.238– 

82(d)(4). 

II. Discussion of Changes 

GSAR clause 552.238–82(d) Special 

Ordering Procedures for the Acquisition 

of Order-Level Materials prescribes 

procedures for including OLMs when 

placing an order against a Federal 

Supply Schedule (FSS) contract or FSS 

BPA. The procedures at d(4) of the 

clause require that the value of OLMs in 

an order awarded under a FSS contract 

or FSS BPA shall not exceed 33.33 

percent of the total value of the order. 

The text at d(4) of the clause is being 

amended to clarify the applicability of 

the 33.33 percent threshold on OLMs 

placed in a task or delivery order or the 

cumulative value of OLMs in orders 

against an FSS BPA awarded under a 

FSS contract. There are no significant 

content changes resulting from this 

technical amendment. 

III. Public Comments Not Required 

41 U.S.C. 1707, Publication of 

proposed regulations, applies to the 

publication of the General Services 

Administration Acquisition Regulation. 

Paragraph (a)(1) of the statute requires 

that a procurement policy, regulation, 

procedure, or form (including 

amendment or modification thereof) 

must be published for public comment 

if it 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 it contains minor editorial 

updates without changing the meaning 

of content. The changes do not have a 

significant impact on the public. 

IV. 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. 

V. Executive Order 13771 

The General Services Administration 

certifies that this final rule will not have 

a significant economic impact on a 

substantial number of small entities 

within the meaning of the Regulatory 

Flexibility Act, 5 U.S.C. 601, et seq., 

because this editorial change does not 

have a significant impact on the public 

or Government. 

VI. Regulatory Flexibility Act 

The Regulatory Flexibility Act does 

not apply to this rule because this final 

rule does not constitute a significant 

GSAR revision and 41 U.S.C. 1707 does 

not require publication for public 

comment. 

VII. Paperwork Reduction Act 

This final rule does not contain any 

information collection that requires 

additional 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 552 

Government procurement. 

Dated: August 10, 2018. 

Jeffrey A. Koses, 

Senior Procurement Executive, General 

Services Administration. 

Therefore, GSA amends 48 CFR part 

552 as set forth below: 

PART 552—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 1. The authority citation for 48 CFR 

part 552 continues to read as follows: 

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


sradovich on DSK3GMQ082PROD with RULES
40684 Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Rules and Regulations 

■ 2. Amend section 552.238–82 by 

revising paragraph (d)(4) to read as 

follows: 

552.238–82 Special Ordering Procedures 

for the Acquisition of Order-Level Materials. 

* * * * * 

(d) * * * 

(4) The value of order-level materials 

in a task or delivery order, or the 

cumulative value of order-level 

materials in orders against an FSS BPA 

awarded under a FSS contract shall not 

exceed 33.33 percent. 

* * * * * 

[FR Doc. 2018–17639 Filed 8–15–18; 8:45 am] 

BILLING CODE 6820–61–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 170828822–70999–02] 

RIN 0648–XG392 

Fisheries of the Northeastern United 

States; Summer Flounder Fishery; 

2018 Commercial Quota Harvested for 

the Commonwealth of Massachusetts 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS announces that the 

2018 summer flounder commercial 

quota allocated to the Commonwealth of 

Massachusetts has been harvested. 

Vessels issued a commercial Federal 

fisheries permit for the summer 

flounder fishery may not land summer 

flounder in Massachusetts for the 

remainder of calendar year 2018, unless 

additional quota becomes available 

through a transfer from another state. 

Regulations governing the summer 

flounder fishery require publication of 

this notification to advise Massachusetts 

that the quota has been harvested, and 

to advise vessel and dealer permit 

holders that no Federal commercial 

quota is available to land summer 

flounder in Massachusetts. 

DATES: Effective 0001 hours local time, 

August 14, 2018, through December 31, 

2018. 

FOR FURTHER INFORMATION CONTACT: 

Cynthia Hanson, (978) 281–9180, or 

Cynthia.Hanson@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Regulations governing the summer 

flounder fishery are found at 50 CFR 

part 648. The regulations require annual 

specification of a commercial quota that 

is apportioned on a percentage basis 

among the coastal states from Maine 

through North Carolina. The process to 

set the annual commercial quota and the 

percent allocated to each state is 

described in § 648.102. 

The overall commercial quota for 

summer flounder in the 2018 fishing 

year is 6,436,120 lb (2,919,375 kg) (83 

FR 4165, January 30, 2018). The percent 

allocated to vessels landing summer 

flounder in Massachusetts is 6.82046 

percent, resulting in an initial state 

commercial quota of 438,973 lb (199,115 

kg). However, Massachusetts’ initial 

2018 commercial quota was reduced to 

404,742 lb (183,588 kg) due to a 2017 

quota overage of 34,231 lb (15,527 kg). 

Massachusetts has received one quota 

transfer of 5,450 lb (2,472 kg) from 

North Carolina on March 9, 2018 (83 FR 

11146), bringing its commercial quota to 

410,192 lb (186,060 kg). 

The NMFS Administrator for the 

Greater Atlantic Region (Regional 

Administrator), monitors the state 

commercial landings and determines 

when a state’s commercial quota has 

been harvested. NMFS is required to 

publish notification in the Federal 

Register advising and notifying 

Federally permitted commercial vessels 

and dealers that, effective upon a 

specific date, the state’s commercial 

quota has been harvested and no 

commercial quota is available for 

landing summer flounder in that state. 

The Regional Administrator has 

determined, based upon dealer reports 

and other available information, that the 

2018 Massachusetts commercial 

summer flounder quota will be 

harvested by August 14, 2018. 

Section 648.4(b) provides that Federal 

permit holders agree, as a condition of 

the permit, not to land summer flounder 

in any state that the Regional 

Administrator has determined no longer 

has commercial quota available. 

Therefore, effective 0001 hours local 

time, August 14, 2018, landings of 

summer flounder in Massachusetts by 

vessels holding summer flounder 

commercial Federal fisheries permits 

are prohibited for the remainder of the 

2018 calendar year, unless additional 

quota becomes available through a 

transfer and is announced in the 

Federal Register. Effective 0001 hours 

local time, August 14, 2018, federally 

permitted dealers are also notified that 

they may not purchase summer flounder 

from federally permitted vessels that 

land in Massachusetts for the remainder 

of the calendar year, or until additional 

quota becomes available through a 

transfer from another state. 

Classification 

This action is required by 50 CFR part 

648 and is exempt from review under 

Executive Order 12866. 

The Assistant Administrator for 

Fisheries, NOAA, finds good cause 

under 5 U.S.C. 553(b)(B) to waive prior 

notice and the opportunity for public 

comment because it would be contrary 

to the public interest. This action closes 

the commercial summer flounder 

fishery for Massachusetts until January 

1, 2019, under current regulations. The 

regulations at § 648.103(b) require such 

action to ensure that summer flounder 

vessels do not exceed quotas allocated 

to the states. If implementation of this 

closure was delayed to solicit prior 

public comment, the quota for this 

fishing year will be exceeded, thereby 

undermining the conservation 

objectives of the Summer Flounder 

Fishery Management Plan. The 

Assistant Administrator further finds, 

pursuant to 5 U.S.C. 553(d)(3), good 

cause to waive the 30-day delayed 

effectiveness period for the reason 

stated above. 

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

Dated: August 10, 2018. 

Jennifer M. Wallace, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2018–17620 Filed 8–13–18; 4:15 pm] 

BILLING CODE 3510–22–P 


sradovich on DSK3GMQ082PROD with RULES