2910 Federal Register / Vol. 89, No. 11 / Wednesday, January 17, 2024 / Proposed Rules 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 19 and 52 

[FAR Case 2021–020; Docket No. FAR– 

2021–0020; Sequence No. 1] 

RIN 9000–AO36 

Federal Acquisition Regulation: 

Limitations on Subcontracting 

Revisions 

AGENCY: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Proposed rule. 

SUMMARY: DoD, GSA, and NASA are 

proposing to amend the Federal 

Acquisition Regulation (FAR) to 

implement regulatory changes made by 

the Small Business Administration to 

update and clarify requirements 

associated with the limitations on 

subcontracting and the 

nonmanufacturer rule. 

DATES: Interested parties should submit 

written comments to the Regulatory 

Secretariat Division at the address 

shown below on or before March 18, 

2024 to be considered in the formation 

of the final rule. 

ADDRESSES: Submit comments in 

response to FAR Case 2021–020 to the 

Federal eRulemaking portal at https://

www.regulations.gov by searching for 

‘‘FAR Case 2021–020’’. Select the link 

‘‘Comment Now’’ that corresponds with 

‘‘FAR Case 2021–020’’. Follow the 

instructions provided on the ‘‘Comment 

Now’’ screen. Please include your name, 

company name (if any), and ‘‘FAR Case 

2021–020’’ on your attached document. 

If your comment cannot be submitted 

using https://www.regulations.gov, call 

or email the points of contact in the FOR

FURTHER INFORMATION CONTACT section of 

this document for alternate instructions. 

Instructions: Please submit comments 

only and cite ‘‘FAR Case 2021–020’’ in 

all correspondence related to this case. 

Comments received generally will be 

posted without change to https://

www.regulations.gov, including any 

personal and/or business confidential 

information provided. Public comments 

may be submitted as an individual, as 

an organization, or anonymously (see 

frequently asked questions at https://

www.regulations.gov/faq). To confirm 

receipt of your comment(s), please 

check https://www.regulations.gov, 

approximately two to three days after 

submission to verify posting. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Carrie Moore, Procurement Analyst, at 

571–300–5917 or by email at 

carrie.moore@gsa.gov, for clarification 

of content. For information pertaining to 

status, publication schedules, or 

alternate instructions for submitting 

comments if https://

www.regulations.gov cannot be used, 

contact the Regulatory Secretariat 

Division at 202–501–4755 or 

GSARegSec@gsa.gov. Please cite FAR 

Case 2021–020. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD, GSA, and NASA are proposing 

to amend the FAR to implement 

regulatory changes made by the Small 

Business Administration (SBA) in its 

final rules published on May 31, 2016, 

at 81 FR 34243; on November 29, 2019, 

at 84 FR 65647; and on October 16, 

2020, at 85 FR 66146. 

SBA’s final rule published on May 31, 

2016, which implements section 1651 of 

the National Defense Authorization Act 

for Fiscal Year 2013 (Pub. L. 112–239) 

as codified at 15 U.S.C. 657s, 

standardized the limitations on 

subcontracting and nonmanufacturer 

rule across the small business 

socioeconomic programs, and modified 

its regulations to specify that a similarly 

situated entity subcontractor must 

perform the work with its own 

employees. SBA’s final rule was 

implemented via the final rule for FAR 

case 2016–011 published on August 11, 

2021, at 86 FR 44233. However, the FAR 

final rule did not modify FAR 19.8, 

Contracting with the Small Business 

Administration (The 8(a) Program), to 

align it with the changes made to the 

socioeconomic programs at FAR 

subparts 19.13, 19.14, and 19.15. 

In addition, this proposed rule 

implements regulatory changes made by 

SBA in its final rules published on 

November 29, 2019, and on October 16, 

2020, to clarify requirements on the 

application of the limitations on 

subcontracting, provide exclusions of 

certain costs from the limitations on 

subcontracting calculation for services, 

and remove specific rules related to kit 

assemblers from the nonmanufacturer 

rule. The explanation for these changes 

is in the preamble of SBA’s final rules. 

II. Discussion and Analysis 

The proposed changes to the FAR and 

the rationale are summarized as follows: 

—Modify FAR 19.505(b)(1) introductory 

text to implement SBA’s regulations 

at 13 CFR 125.6(b) to make clear that 

only one of the limitations of 

subcontracting apply to a contract; 

—Modify FAR 19.505(b)(1)(i) and 

paragraph (e)(1) of FAR clause 

52.219–14 to implement SBA’s 

regulations at 13 CFR 125.6(a)(1) to 

permit the exclusion of other direct 

costs that are not the principal 

purpose of the contract, and are not 

performed by small businesses, from 

the limitations on subcontracting 

requirements for a service contract, 

and to exclude work performed 

outside the United States on a 

contract approved or financed under 

the Foreign Assistance Act of 1961 

(Pub. L. 87–195, 22 U.S.C. 2151 et 

seq.), and work required to be 

performed by a foreign contractor, 

from the limitations on subcontracting 

requirements for service contracts; 

—Modify FAR 19.505(b)(1)(iii) and (iv) 

and paragraphs (e)(3) and (e)(4) of 

FAR clause 52.219–14 to implement 

SBA’s regulations at 13 CFR 125.6(b) 

to clarify that the limitation on 

subcontracting applies to contracts for 

general construction or for 

construction by special trade 

contractors when the contract also 

includes supplies and/or services; 

—Modify FAR 19.505(b)(1)(i) through 

(iv) and paragraphs (e)(1) through (4) 

of FAR clause 52.219–14, Limitations 

on Subcontracting, to clarify that any 

work that a similarly situated entity 

further subcontracts out will count 

towards the prime contract’s 

limitation on subcontracting; 

—Modify FAR 19.505(c) to remove 

paragraph (c)(2), renumber the 

remaining paragraphs, and remove the 

text and references to the unique 

standard for kit assemblers when 

applying the nonmanufacturer rule to 

implement SBA’s regulations at 13 

CFR 121.406(c) and 13 CFR 

121.406(e). Upon removal of the 

standard for kit assemblers, agencies 

should apply the policy now at FAR 

19.505(c)(4) to multiple item 

acquisitions; 

—Remove and reserve FAR 19.809–2, 

Limitations on subcontracting and 

nonmanufacturer rule, to implement 

SBA’s regulations at 13 CFR 124.510 

to eliminate the unique requirements 

of the limitations on subcontracting 

and nonmanufacturer rule for 8(a) 

contractors; and 

—Modify paragraph (c)(1)(i), remove 

paragraph (c)(2), and renumber the 

paragraphs of FAR clause 52.219–33, 

Nonmanufacturer Rule, to implement 

SBA’s regulations at 13 CFR 

121.406(c) and 13 CFR 121.406(e)) to 

remove text and references to the 

unique standard for kit assemblers 


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Federal Register / Vol. 89, No. 11 / Wednesday, January 17, 2024 / Proposed Rules 2911 

when applying the nonmanufacturer 

rule. 

III. Applicability to Contracts at or 

Below the Simplified Acquisition 

Threshold (SAT), for Commercial 

Products (Including Commercially 

Available Off-the-Shelf (COTS) Items), 

or for Commercial Services 

This rule amends the clauses at FAR 

52.212–5, 52.219–14, and 52.219–33. 

The clauses continue to apply to 

acquisitions at or below the SAT and to 

acquisitions for commercial products, 

including COTS items, and commercial 

services, as they did prior to this rule. 

IV. Expected Impact of the Rule 

This proposed rule simplifies and 

clarifies the limitations on 

subcontracting requirements and the 

nonmanufacturer rule; therefore, this 

rule is expected to make it easier for 

offerors, contractors, and contracting 

officers to implement the regulations. 

This proposed rule is expected to 

benefit small businesses and the 

Government by allowing concerns to 

exclude certain costs from the 

calculation of the limitations on 

subcontracting and excluding certain 

costs for the calculation of the 

limitations on subcontracting, which 

may increase small business 

participation and ensure that the 

benefits of set-aside contracts flow to 

the intended beneficiaries. 

V. Executive Orders 12866 and 13563 

Executive Orders (E.O.s) 12866 (as 

amended by E.O. 14094) and 13563 

direct agencies to assess the 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. 

VI. Regulatory Flexibility Act 

DoD, GSA, and NASA do not expect 

this proposed rule to have a significant 

economic impact on a substantial 

number of small entities within the 

meaning of the Regulatory Flexibility 

Act, 5 U.S.C. 601–612, because this rule 

merely standardizes, clarifies, and 

simplifies the requirements for 

compliance with the limitations on 

subcontracting and the 

nonmanufacturer rule. However, an 

Initial Regulatory Flexibility Analysis 

(IRFA) has been performed and is 

summarized as follows: 

DoD, GSA, and NASA are proposing to 

amend the Federal Acquisition Regulation 

(FAR) to implement regulatory changes made 

by the Small Business Administration (SBA) 

in its final rule published on May 31, 2016, 

at 81 FR 34243, to implement section 1651 

of the National Defense Authorization Act for 

Fiscal Year 2013 (Pub. L. 112–239) which 

amended 15 U.S.C. 657s to standardize the 

limitations on subcontracting and 

nonmanufacturer rule across the small 

business programs. This proposed rule also 

implements SBA’s final rules published on 

November 29, 2019, at 84 FR 65647, and on 

October 16, 2020, at 85 FR 66146. This rule 

proposes to standardize the limitations on 

subcontracting and nonmanufacturer rule 

among the small business programs and 

update and clarify requirements associated 

with the limitations on subcontracting and 

nonmanufacturer rule. 

The objective of this rule is to implement 

SBA’s regulatory changes that provide 

exclusions of certain costs from the 

limitations on subcontracting calculation for 

services, and remove specific rules related to 

kit assemblers from the nonmanufacturer 

rule. The proposed rule clarifies that a 

similarly situated entity, first-tier 

subcontractor must perform the work with its 

own employees or the work will be counted 

towards the prime contractor’s limitation on 

subcontracting; permits the exclusion of 

other direct costs that are not the principal 

purpose of the acquisition and not performed 

by small businesses from the limitations on 

subcontracting calculation; for service 

contracts, excludes from the limitations on 

subcontracting calculation work performed 

outside the United States on contracts or 

orders approved or financed under the 

Foreign Assistance Act of 1961 (Pub. L. 87– 

195, 22 U.S.C. 2151 et seq.) and work 

required to be performed by a foreign 

contractor; removes specific 

nonmanufacturer regulations applicable to 

kit assemblers; clarifies which limitation on 

subcontracting applies for contracts for 

general construction and construction by 

special trade contractors when the contract 

includes construction and supplies and/or 

services; and removes the separate 

limitations on subcontracting regulations for 

8(a) contractors. The legal basis for this rule 

is as stated in the preceding paragraph. 

Promulgation of the FAR is authorized by 40 

U.S.C. 121(c); 10 U.S.C. chapter 4 and 10 

U.S.C. chapter 137 legacy provisions (see 10 

U.S.C. 3016); and 51 U.S.C. 20113. 

This proposed rule will impact small 

businesses that enter into contracts with the 

Government that are set-aside for any of the 

small business concerns identified at FAR 

19.000(a)(3). This proposed rule may have a 

positive economic impact on small 

businesses because it will make the 

application of the limitations on 

subcontracting and nonmanufacturer rule 

consistent across all of the small business 

socioeconomic programs, will exclude 

certain costs from the limitations on 

subcontracting calculation, and will simplify 

the nonmanufacturer rule. The ability to 

exclude certain costs from the limitations on 

subcontracting calculation will make it 

possible for small businesses to compete for 

higher dollar value service contracts. 

According to the System for Award 

Management (SAM), there are 355,208 active 

registrants that are considered small for at 

least one North American Industry 

Classification System code. Small business 

entities seeking to be prime contractors for 

Government contracts are required to register 

in SAM; however, those seeking to be 

subcontractors are not required to register in 

SAM. Therefore, the number of small 

business entities impacted by this rule may 

be greater than the number of entities 

registered in SAM. 

The proposed rule does not impose any 

new reporting, recordkeeping, or other 

compliance requirements for small entities. 

The proposed rule does not duplicate, 

overlap, or conflict with any other Federal 

rules. 

There are no known significant alternative 

approaches to the proposed rule. 

The Regulatory Secretariat Division 

has submitted a copy of the IRFA to the 

Chief Counsel for Advocacy of the Small 

Business Administration. A copy of the 

IRFA may be obtained from the 

Regulatory Secretariat Division. DoD, 

GSA, and NASA invite comments from 

small business concerns and other 

interested parties on the expected 

impact of this proposed rule on small 

entities. 

DoD, GSA, and NASA will also 

consider comments from small entities 

concerning the existing regulations in 

subparts affected by the rule in 

accordance with 5 U.S.C. 610. Interested 

parties must submit such comments 

separately and should cite 5 U.S.C. 610 

(FAR Case 2021–020) in 

correspondence. 

VII. Paperwork Reduction Act 

This 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. 

3501–3521). 

List of Subjects in 48 CFR Parts 19 and 

52 

Government procurement. 

William F. Clark, 

Director, Office of Government-wide 

Acquisition Policy, Office of Acquisition 

Policy, Office of Government-wide Policy. 

Therefore, DoD, GSA, and NASA 

propose amending 48 CFR parts 19 and 

52 as set forth below: 

■ 1. The authority citation for 48 CFR 

parts 19 and 52 continues to read as 

follows: 


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2912 Federal Register / Vol. 89, No. 11 / Wednesday, January 17, 2024 / Proposed Rules 

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

chapter 4 and 10 U.S.C. chapter 137 legacy 

provisions (see 10 U.S.C. 3016); and 51 

U.S.C. 20113. 

PART 19—SMALL BUSINESS 

PROGRAMS 

■ 2. Amend section 19.505 by— 

■ a. Revising paragraph (b)(1); 

■ b. Revising the introductory text of 

paragraph (c); 

■ c. Removing from paragraph (c)(1)(i) 

‘‘paragraph (c)(3)’’ and adding 

‘‘paragraph (c)(2)’’ in its place; 

■ d. Removing paragraph (c)(2); 

■ e. Redesignating paragraphs (c)(3) 

through (c)(5) as paragraphs (c)(2) 

through (c)(4); and 

■ f. Removing from paragraphs 

(c)(3)(i)(A) and (B) ‘‘or (c)(2)(ii)’’. 

The revisions read as follows: 

19.505 Limitations on subcontracting and 

nonmanufacturer rule. 

* * * * * 

(b)(1) Limitations on subcontracting. 

A small business concern subject to the 

limitations on subcontracting is 

required to comply with one of the 

following: 

(i) For a contract or order assigned a 

North American Industry Classification 

System (NAICS) code for services 

(except construction), the concern will 

not pay more than 50 percent of the 

amount paid by the Government for 

contract performance to subcontractors 

that are not similarly situated entities. 

Any work that a similarly situated entity 

does not perform with its own 

employees or further subcontracts will 

count towards the concern’s 50 percent 

subcontract amount that cannot be 

exceeded. Other direct costs may be 

excluded from the 50 percent limitation 

when they are not the principal purpose 

of the contract or order, and small 

business concerns do not provide the 

service (e.g., airline travel, work 

performed by a transportation or 

disposal entity under a contract 

assigned the environmental remediation 

NAICS code 562910, cloud computing 

services, or mass media purchases). 

Work performed outside the United 

States on a contract or order approved 

or financed under the Foreign 

Assistance Act of 1961 (Pub. L. 87–195, 

22 U.S.C. 2151 et seq.) and work 

required to be performed by a foreign 

contractor are excluded from the 50 

percent limitation. When a contract 

includes both services and supplies, the 

50 percent limitation shall apply only to 

the service portion of the contract. 

(ii) For a contract or order assigned a 

NAICS code for supplies or products 

(other than a procurement from a 

nonmanufacturer of such supplies or 

products), the concern will not pay 

more than 50 percent of the amount 

paid by the Government for contract 

performance, excluding the cost of 

materials, to subcontractors that are not 

similarly situated entities. Any work 

that a similarly situated entity does not 

perform with its own employees or 

further subcontracts will count towards 

the concern’s 50 percent subcontract 

amount that cannot be exceeded. When 

a contract includes both supplies and 

services, the 50 percent limitation shall 

apply only to the supply portion of the 

contract. 

(iii) For a contract or order assigned 

a NAICS code for general construction, 

the concern will not pay more than 85 

percent of the amount paid by the 

Government for contract performance, 

excluding the cost of materials, to 

subcontractors that are not similarly 

situated entities. Any work that a 

similarly situated entity does not 

perform with its own employees or 

further subcontracts will count towards 

the concern’s 85 percent subcontract 

amount that cannot be exceeded. When 

a contract includes general construction 

and supplies and/or services, the 85 

percent limitation shall apply only to 

the general-construction portion of the 

contract. 

(iv) For a contract or order assigned a 

NAICS code for construction by special 

trade contractors, the concern will not 

pay more than 75 percent of the amount 

paid by the Government for contract 

performance, excluding the cost of 

materials, to subcontractors that are not 

similarly situated entities. Any work 

that a similarly situated entity does not 

perform with its own employees or 

further subcontracts will count towards 

the concern’s 75 percent subcontract 

amount that cannot be exceeded. When 

a contract includes construction by 

special trade contractors and supplies 

and/or services, the 75 percent 

limitation shall apply only to the 

construction-by-special-tradecontractors portion of the contract. 

* * * * * 

(c) Nonmanufacturer rule. The 

nonmanufacturer rule applies to 

nonmanufacturers in accordance with 

paragraph (c)(1) of this section. 

* * * * * 

19.809–2 Removed and Reserved. 

■ 3. Amend section 19.809–2 by 

removing and reserving it. 

■ 4. Amend section 19.811–3 by— 

■ a. Revising paragraph (e); and 

■ b. Adding paragraph (f). 

The revision and addition reads as 

follows: 

19.811–3 Contract clauses. 

* * * * * 

(e) For use of clause 52.219–14, 

Limitations on Subcontracting, see the 

prescription at 19.507(e). 

(f) For use of clause 52.219–33, 

Nonmanufacturer Rule, see the 

prescription at 19.507(h). 

PART 52—SOLICITATION PROVISIONS 

AND CONTRACT CLAUSES 

■ 5. Amend section 52.212–5 by— 

■ a. Revising the date of the clause; and 

■ b. Revising the date of paragraphs 

(b)(23) and (30). 

52.212–5 Contract Terms and Conditions 

Required To Implement Statutes or 

Executive Orders—Commercial Products 

and Commercial Services. 

* * * * * 

Contract Terms and Conditions Required To 

Implement Statutes or Executive Orders— 

Commercial Products and Commercial 

Services (Date) 

* * * * * 

(b) * * * 

ll(23) 52.219–14, Limitations on 

Subcontracting (DATE) (15 U.S.C. 657s). 

* * * * * 

ll(30) 52.219–33, Nonmanufacturer Rule 

(DATE) (15 U.S.C. 657s). 

* * * * * 

■ 6. Amend section 52.219–14 by— 

■ a. Revising the date of the clause; and 

■ b. Revising the paragraphs (e)(1) 

through (4). 

The revisions read as follows: 

52.219–14 Limitations on Subcontracting. 

* * * * * 

Limitations on Subcontracting (Date) 

* * * * * 

(e) * * * 

(1) Services (except construction), it will 

not pay more than 50 percent of the amount 

paid by the Government for contract 

performance to subcontractors that are not 

similarly situated entities. Any work that a 

similarly situated entity does not perform 

with its own employees or further 

subcontracts will count towards the prime 

contractor’s 50 percent subcontract amount 

that cannot be exceeded. Other direct costs 

may be excluded from the 50 percent 

limitation when they are not the principal 

purpose of the contract or order, and small 

business concerns do not provide the service 

(e.g., airline travel, work performed by a 

transportation or disposal entity under a 

contract assigned the environmental 

remediation NAICS code 562910, cloud 

computing services, or mass media 

purchases). Work performed outside the 

United States on a contract or order approved 

or financed under the Foreign Assistance Act 

of 1961 (Pub. L. 87–195, 22 U.S.C. 2151 et 

seq.) and work required to be performed by 

a foreign contractor are excluded from the 50 

percent limitation. When a contract includes 

both services and supplies, the 50 percent 


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Federal Register / Vol. 89, No. 11 / Wednesday, January 17, 2024 / Proposed Rules 2913 

limitation shall apply only to the service 

portion of the contract; 

(2) Supplies (other than procurement from 

a nonmanufacturer of such supplies), it will 

not pay more than 50 percent of the amount 

paid by the Government for contract 

performance, excluding the cost of materials, 

to subcontractors that are not similarly 

situated entities. Any work that a similarly 

situated entity does not perform with its own 

employees or further subcontracts will count 

towards the prime contractor’s 50 percent 

subcontract amount that cannot be exceeded. 

When a contract includes both supplies and 

services, the 50 percent limitation shall apply 

only to the supply portion of the contract; 

(3) General construction, it will not pay 

more than 85 percent of the amount paid by 

the Government for contract performance, 

excluding the cost of materials, to 

subcontractors that are not similarly situated 

entities. Any work that a similarly situated 

entity does not perform with its own 

employees or further subcontracts will count 

towards the prime contractor’s 85 percent 

subcontract amount that cannot be exceeded. 

When a contract includes general 

construction and supplies and/or services, 

the 85 percent limitation shall apply only to 

the general-construction portion of the 

contract; or 

(4) Construction by special trade 

contractors, it will not pay more than 75 

percent of the amount paid by the 

Government for contract performance, 

excluding the cost of materials, to 

subcontractors that are not similarly situated 

entities. Any work that a similarly situated 

entity does not perform with its own 

employees or further subcontracts will count 

towards the prime contractor’s 75 percent 

subcontract amount that cannot be exceeded. 

When a contract includes construction by 

special trade contractors and supplies and/or 

services, the 75 percent limitation shall apply 

only to the construction-by-special-tradecontractors portion of the contract. 

* * * * * 

■ 7. Amend section 52.219–33 by— 

■ a. Revising the date of clause; and 

■ b. Revising paragraph (c). 

The revisions read as follows: 

52.219–33 Nonmanufacturer Rule. 

* * * * * 

Nonmanufacturer Rule (Date) 

* * * * * 

(c) Requirements. The Contractor shall— 

(1) Provide an end item that a small 

business has manufactured, processed, or 

produced in the United States or its outlying 

areas; 

(2) Be primarily engaged in the retail or 

wholesale trade and normally sell the type of 

item being supplied; and 

(3) Take ownership or possession of the 

item(s) with its personnel, equipment, or 

facilities in a manner consistent with 

industry practice; for example, providing 

storage, transportation, or delivery. 

* * * * * 

[FR Doc. 2024–00728 Filed 1–16–24; 8:45 am] 

BILLING CODE 6820–EP–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 240110–0003] 

RIN 0648–BM56 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Reef Fish 

Fishery of the Gulf of Mexico; Red 

Snapper Data Calibrations and Gray 

Snapper Harvest Levels 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes to implement 

management measures described in a 

framework action under the Fishery 

Management Plan for the Reef Fish 

Resources of the Gulf of Mexico (FMP), 

as prepared by the Gulf of Mexico (Gulf) 

Fishery Management Council (Council). 

If implemented, this proposed rule 

would modify the ratios used to set the 

state-specific red snapper private 

angling component annual catch limits 

(ACLs) for Alabama, Florida, and 

Mississippi and would modify each of 

these state’s private angling component 

ACLs based on the new ratios. In 

addition, this proposed rule would 

modify the stock ACL for gray snapper 

in the Gulf exclusive economic zone 

(EEZ). The purposes of this proposed 

rule are to update state specific private 

angling component calibration ratios 

and ACLs to provide a more accurate 

estimate of state landings for red 

snapper management and to revise gray 

snapper catch limits with updated 

scientific information to continue to 

achieve optimum yield (OY) for the 

stock. 

DATES: Written comments must be 

received on or before February 16, 2024. 

ADDRESSES: You may submit comments 

on the proposed rule, identified by 

‘‘NOAA–NMFS–2023–0120’’ by any of 

the following methods: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

https://www.regulations.gov and enter 

‘‘NOAA–NMFS–2023–0120’’, in the 

Search box. Click on the ‘‘Comment’’ 

icon, complete the required fields, and 

enter or attach your comments. 

• Mail: Submit written comments to 

Dan Luers, Southeast Regional Office, 

NMFS, 263 13th Avenue South, St. 

Petersburg, FL 33701. 

Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the end of 

the comment period, may not be 

considered by NMFS. All comments 

received are a part of the public record 

and will generally be posted for public 

viewing on https://www.regulations.gov 

without change. All personal identifying 

information (e.g., name, 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). 

Electronic copies of the framework 

action, which include an environmental 

assessment, regulatory impact review, 

and a Regulatory Flexibility Act (RFA) 

analysis, may be obtained from the 

Southeast Regional Office website at 

https://www.fisheries.noaa.gov/action/ 

red-snapper-data-calibrations-andcatch-limit-modifications. 

FOR FURTHER INFORMATION CONTACT: Dan 

Luers, Southeast Regional Office, 

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

daniel.luers@noaa.gov. 

SUPPLEMENTARY INFORMATION: The Gulf 

reef fish fishery, which includes both 

red snapper and gray snapper, is 

managed under the FMP. The FMP was 

prepared by the Council and is 

implemented by NMFS through 

regulations at 50 CFR part 622 under the 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act). 

Background 

The Magnuson-Stevens Act requires 

NMFS and regional fishery management 

councils to prevent overfishing and to 

achieve, on a continuing basis, the OY 

from federally managed fish stocks to 

ensure that fishery resources are 

managed for the greatest overall benefit 

to the nation, particularly with respect 

to providing food production and 

recreational opportunities and 

protecting marine ecosystems. 

Unless otherwise noted, all weights in 

this proposed rule are in round weight. 

Red Snapper 

Red snapper in the Gulf EEZ is 

harvested by both the commercial and 

recreational sectors. Each sector has its 

own ACL and associated management 

measures. The stock ACL is allocated 51 

percent to the commercial sector and 49 

percent to the recreational sector. The 

recreational ACL (quota) is further 

allocated between the Federal charter 

vessel/headboat (for-hire) component 

(42.3 percent), and the private angling 

component (57.7 percent). 


lotter on DSK11XQN23PROD with PROPOSALS1