76074 Federal Register / Vol. 78, No. 241 / Monday, December 16, 2013 / Rules and Regulations 

contractor as Government furnished property 

(GFP). Get the unit price from Section B of 

the contract. If the unit price is not available, 

use an estimate. The estimated price should 

be the contractor’s estimate of what the items 

cost the Government. When the price is 

estimated, enter ‘‘Estimated Unit Price’’ in 

the description field. However, if the contract 

has Item Unique Identification (IUID) 

requirements and the receiving report is 

being processed in WAWF, the unit price 

must represent the acquisition cost that will 

be recorded in the IUID registry. Therefore, 

the unit price is required (see the clause at 

DFARS 252.211–7003, Item Unique 

Identification and Valuation). When 

delivering GFP via WAWF to another 

contractor, WAWF will initiate a property 

transfer if the vendor who is initiating the 

WAWF RR is also registered as a vendor 

property shipper in WAWF and the vendor 

receiving the property is also a vendor 

property receiver in WAWF. 

* * * * * 

[FR Doc. 2013–29771 Filed 12–13–13; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF STATE 

48 CFR Parts 645 and 652 

[Public Notice 8546] 

RIN 1400–AC33 

Department of State Acquisition 

Regulation 

AGENCY: Department of State. 

ACTION: Final rule. 

SUMMARY: This rule adopts as final 

certain changes proposed to the 

Department of State Acquisition 

Regulation (DOSAR) to conform to 

Federal Acquisition Regulation (FAR) 

changes. It adds a new DOSAR clause 

and provision regarding reporting 

certain categories of Governmentfurnished and contractor-acquired 

property. 

DATES: This rule is effective on January 

15, 2014. 

FOR FURTHER INFORMATION CONTACT: You 

may obtain copies of the proposed 

information collection and supporting 

documents from Ella Ramirez, Senior 

Procurement Analyst, Policy Division, 

Department of State, Office of the 

Procurement Executive, 2201 C Street 

NW., Suite 1060, State Annex Number 

15, Washington, DC 20522–0602; email 

address: RamirezIM2@state.gov. 

SUPPLEMENTARY INFORMATION: This rule 

was published as a Notice of Proposed 

Rulemaking (NPRM) on July 29, 2013 

(78 FR 45490), with a provision of 60 

days for public comment. A summary of 

the proposed changes and the reasons 

therefor were included in the NPRM. 

The Department of State (Department) 

received two comments in response to 

the NPRM. 

The first commenter recommended 

that requirements for accountability for 

Government-provided software be 

deleted because FAR Part 27 covers 

software and FAR Part 45 does not. 

While it is true that software is 

expressly excluded from the FAR 45.101 

definition of ‘‘Government property,’’ 

tracking of software provided by the 

Department to its contractors is required 

information for the Department’s 

financial statement. Prescribing separate 

reporting of this information in a 

DOSAR supplement to FAR 27 would 

be burdensome and inefficient. 

Accordingly, that recommendation is 

not accepted. The first commenter also 

recommended that ‘‘Accounting’’ be 

changed to ‘‘Accountability’’ in the 

proposed DOSAR §§ 652.245–70(a)(3) 

and 652.245–71, on the theory that Part 

45 governs the management and 

accountability of Government-owned 

property, not ‘‘accounting,’’ which is a 

financial function. The Department 

accepts this recommendation insofar as 

the language in the provision, and has 

changed the title of the clause to 

‘‘Special Reports of Government 

Property.’’ The first commenter pointed out 

duplicate provisions in proposed 

§ 652.245–71(d)(2)(iv) and (d)(2)(xiv). 

The Department agrees that these 

provisions are duplicative, and will 

delete subsection (d)(2)(xiv), renumber 

subsequent provisions, and move the 

parenthetical comment (‘‘If from another 

DOS contract, or government agency, 

please specify’’) to subsection (d)(2)(iv). The first commenter recommended 

that the words ‘‘or their delegated 

representatives’’ be added to the end of 

the chapeau to § 652.245–71(f). The 

Department does not agree that 

delegating this responsibility would be 

appropriate, and does not accept this 

recommendation. 

The second commenter advances 

several broad arguments involving the 

Department’s authority to enact rules 

and to make findings with respect to 

various administrative laws and 

executive orders that apply to 

rulemaking. The Department disagrees 

with the comments. 

The authority of agencies to regulate 

is well-established. The absolute ‘‘nondelegation’’ concept has been virtually 

abandoned since 1948. See Mistretta v. 

United States, 488 U.S. 361 (1989), and 

the cases cited therein. ‘‘The power of 

an administrative agency to administer 

a congressionally created . . . program 

necessarily requires the formulation of 

policy and the making of rules to fill 

any gap left, implicitly or explicitly, by 

Congress.’’ Morton v. Ruiz, 415 U.S. 

199, 231 (1974). 

‘‘If Congress has explicitly left a gap 

for the agency to fill, there is an express 

delegation of authority to the agency to 

elucidate a specific provision of the 

statute by regulation. Such legislative 

regulations are given controlling weight 

unless they are arbitrary, capricious, or 

manifestly contrary to the statute. 

Sometimes the legislative delegation to 

an agency on a particular question is 

implicit rather than explicit. In such a 

case, a court may not substitute its own 

construction of a statutory provision for 

a reasonable interpretation made by the 

administrator of an agency.’’ Chevron, 

U.S.A., Inc. v. NRDC, Inc., 467 U.S. 837, 

843–844 (1984) (footnote omitted). 

In the case of the FAR and DOSAR, 

Congress explicitly delegated 

rulemaking authority to certain 

agencies, resulting in the FAR. 41 U.S.C. 

1303. FAR 1.301 provides authority to 

agencies to supplement the FAR: ‘‘[A]n 

agency head may issue or authorize the 

issuance of agency acquisition 

regulations that implement or 

supplement the FAR and incorporate, 

together with the FAR, agency policies, 

procedures, contract clauses, 

solicitation provisions, and forms that 

govern the contracting process or 

otherwise control the relationship 

between the agency, including any of its 

suborganizations, and contractors or 

prospective contractors.’’ 48 CFR 

§ 1.301. The Secretary of State has the 

general authority to issue regulations to 

carry out the functions of the 

Department; specifically, in this case, 

regulations to implement procurement 

statutes and the FAR. 22 U.S.C. 2651a. 

The Department of State’s implementing 

regulations are the DOSAR, codified at 

48 CFR parts 600–699. 

The commenter further challenged the 

ability of a Department official to make 

findings with respect to compliance 

with applicable statutes and executive 

orders (contained in the ‘‘Regulatory 

Findings’’ section of the NPRM and in 

this Final Rule, below). Except for the 

Administrative Procedure Act (APA), 

the statutes or executive orders cited in 

this section require agencies to consider 

certain factors prior to publishing a rule. 

(With respect to the APA, the 

Department’s assertion was (and is) a 

simple statement of fact regarding how 

it has complied with that law.) 

If a member of the public has 

information contrary to the assertion of 

the Department official (for example, 

proof that annual impact on the U.S. 

economy from the rulemaking would in 

fact exceed $100,000,000; or proof that 

the rule would have a significant impact 


pmangrum on DSK3VPTVN1PROD with RULES
Federal Register / Vol. 78, No. 241 / Monday, December 16, 2013 / Rules and Regulations 76075 

on domestic tribes), he or she could 

present such information during the 

comment period, at which time the 

Department would have to address it. 

The commenter did not present such 

evidence; nor did she cite any authority 

for the proposition that the Department 

is not permitted to assert its compliance 

with statutes and executive orders. 

Conclusion 

The rule published as part of the 

NPRM is hereby published in final, with 

the modifications described above. 

Regulatory Findings 

Administrative Procedure Act 

In accordance with provisions of the 

Administrative Procedure Act, the 

Department published this rule and 

provided 60 days for public comment. 

Regulatory Flexibility Act 

The Department of State, in 

accordance with the Regulatory 

Flexibility Act (5 U.S.C. 605(b)), has 

reviewed this regulation and, by 

approving it, certifies that this rule will 

not have a significant economic impact 

on a substantial number of small 

entities. This determination was based 

on the fact that the reporting 

requirements are targeted at a very 

narrow segment of government property 

and based on a determination that there 

are only 14 contractors who are 

currently subject to the reporting 

requirements of the clause. Only four of 

these are small business concerns. Thus, 

it was concluded that the rule will not 

have a significant economic impact on 

a substantial number of small entities. 

Unfunded Mandates Act of 1995 

This rule will not result in the 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

in any year and it will not significantly 

or uniquely affect small governments. 

Therefore, no actions were deemed 

necessary under the provisions of the 

Unfunded Mandates Act of 1995. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

This rule is not a major rule as 

defined by the Small Business 

Regulatory Enforcement Act of 1996 (5 

U.S.C. 801 et seq.). This rule will not 

result in an annual effect on the 

economy of $100 million or more; a 

major increase in costs or prices; or 

significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or on the 

ability of United States-based 

companies to compete with foreignbased companies in domestic and 

import markets. This determination was 

based on the fact that the reporting 

requirements are targeted at a very 

narrow segment of government 

property, and on a determination that 

there are only 14 contractors who are 

currently subject to the reporting 

requirements of the clause. The rule 

does not place new requirements on 

contract performance, but merely 

addresses reporting of existing 

information. 

Executive Orders 12866 and 13563 

Executive Orders (E.O.) 12866 and 

13563 direct agencies to assess 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 emphasized the importance 

of quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. The 

Department of State does not consider 

this rule to be a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

section 3(f), Regulatory Planning and 

Review. 

In addition, the Department is exempt 

from Executive Order 12866 except to 

the extent that it is promulgating 

regulations in conjunction with a 

domestic agency that are significant 

regulatory actions. The Department has 

nevertheless reviewed the regulation to 

ensure its consistency with the 

regulatory philosophy and principles set 

forth in the Executive Orders and finds 

that the benefits of the proposed rule 

outweigh any costs. 

Executive Order 13132 

This rule will not have substantial 

direct effects on the States, on the 

relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, in 

accordance with section 6 of Executive 

Order 13132, it is determined that this 

rule does not have sufficient federalism 

implications to require consultations or 

warrant the preparation of a federalism 

summary impact statement. 

Executive Order 13175 

The Department has determined that 

this rulemaking will not have tribal 

implications, will not impose 

substantial direct compliance costs on 

Indian tribal governments, and will not 

pre-empt tribal law. Accordingly, the 

requirements of Executive Order 13175 

do not apply to this rulemaking. 

Paperwork Reduction Act 

The Paperwork Reduction Act of 1980 

(44 U.S.C. Chapter 35) applies, because 

the proposed rule imposes information 

collection requirements that require the 

approval of the Office of Management 

and Budget under 44 U.S.C. 3501, et 

seq. 

Summary of Proposed Collections: 

The Department of State is seeking OMB 

approval for the information collection 

described below. 

• Title of Information Collection: 

Department of State Acquisition 

Regulation (DOSAR) 652.245–70, Status 

of Property Management System. 

• OMB Control Number: 1405–0050. 

• Type of Request: Revision of 

Currently Approved Collection. 

• Originating Office: Bureau of 

Administration, Office of Procurement 

Executive, Policy Division (A/OPE/PD). 

• Form Number: None. 

• Respondents: Business and other 

for-profit and not-for-profit 

organizations wishing to receive 

Department of State contracts. 

• Estimated Number of Total 

Respondents: 3,466. 

• Estimated Number of Total 

Responses: 9,330. 

• Average Time per Response: 30 

hours. 

• Total Estimated Burden Time: 

275,984. 

• Frequency: On Occasion. 

• Obligation to Respond: Required to 

Obtain or Retain a Benefit. 

The total number of responses was 

increased by fourteen from 9,316 to 

9,330. As a result of this change, the 

total estimated burden was increased 

from 275,970 hours to 275,984 hours. 

The increase in the responses and the 

burden is due to the impact of this 

DOSAR provision. 

Abstract of proposed collection: 

The proposed rule will update the 

Department of State Acquisition 

Regulation (DOSAR) to conform to 

recent Federal Acquisition Regulation 

(FAR) changes, and adds a new DOSAR 

provision, 652.245–70, regarding 

reporting on the status of offeror’s 

property management systems. 

Respondents are offerors on solicitations 

for contracts under which specified 

government property will be provided. 

This is an existing IC, 1405–0050, 

Department of State Acquisition 

Regulation (DOSAR) 652.245–70, Status 

of Property Management System. This 

provision was inadvertently left out of 

the previously approved Information 

Collection package. The new provision 

is being inserted into the DOSAR and 

concurrently added into the current IC. 

The new DOSAR provision (and IC 


pmangrum on DSK3VPTVN1PROD with RULES
76076 Federal Register / Vol. 78, No. 241 / Monday, December 16, 2013 / Rules and Regulations 

requirement) asks for procedures for 

government property management 

(transportation, software, personal 

property). Over the course of the last 

two fiscal years (FY 11 and FY 12), only 

four solicitations were issued under 

which this new reporting was required, 

and on those solicitations, an average of 

2.3 submissions was received. Based on 

conversations with a sample of 

submitters, we estimate that 

approximately 1.0 hour is required to 

research, document and incorporate the 

information into the proposal. 

The Department received two 

comments in response to the NPRM, but 

neither comment addressed the 

information collection specifically. 

Legal Authorities are as follows: 

(1) Code of Federal Regulations, Title 

48, Chapter 6, Department of State 

Acquisition Regulation 

(2) Code of Federal Regulations, Title 

48, Chapter 1, Federal Acquisition 

Regulation 

(3) Public Law 103–236, Foreign 

Relations Authorization Act, Fiscal 

Years 1994 and 1995 

(4) Foreign Service Buildings Act of 

1926, as amended (22 U.S.C. 302) 

(5) Omnibus Diplomatic Security and 

Antiterrorism Act of 1986 (22 U.S.C. 

4852) 

(6) Foreign Relations Authorization Act, 

Fiscal Years 1990 and 1991 (22 U.S.C. 

4864) 

List of Subjects in 48 CFR Parts 645 and 

652 

Contracts, Electronic commerce, 

Government procurement. 

Accordingly, for reasons set forth in 

the preamble, Title 48, chapter 6 of the 

Code of Federal Regulations is amended 

as follows: 

■ 1. The authority citation for part 645 

reads as follows: 

Authority: 40 U.S.C. 121; 22 U.S.C. 2651a; 

48 CFR Subpart 1.3. 

■ 2. Part 645 is revised to read as 

follows: 

PART 645—GOVERNMENT PROPERTY 

Subpart 645.1—General 

Sec. 

645.107 Contract clauses. 

645.107–70 DOSAR contract clause and 

solicitation provision. 

(a) The contracting officer shall insert 

the provision at 652.245–70, Status of 

Property Management System, in 

solicitations when any of the following 

conditions apply: 

(1) Highway motor vehicles and 

aircraft, regardless of cost, are provided 

by the Government or acquired by the 

contractor for the account of the 

Government; 

(2) Software exceeding $500,000 in 

value, including labor costs to develop, 

is provided by the Government or 

acquired by the contractor for the 

account of the Government; or 

(3) Personal property greater than 

$25,000 (and not in paragraphs (a)(1) or 

(2) of this subsection) is provided by the 

Government or acquired by the 

contractor for the account of the 

Government. The personal property 

must be complete within itself; does not 

lose its identity or become a component 

part of other property when put into 

use; and is of a durable nature with an 

estimated useful life expectancy to 

exceed two years. 

(b) The contracting officer shall insert 

the clause at 652.245–71, Special 

Reports of Government Property, in all 

solicitations and contracts that contain 

the provision at 652.245–70. 

PART 652—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 3. The authority citation for part 652 

is revised to read as follows: 

Authority: 40 U.S.C. 121; 22 U.S.C. 2651a; 

48 CFR Subpart 1.3. 

■ 4. Section 652.245–70 is added to read 

as follows: 

652.245–70 Status of Property 

Management System. 

As prescribed in 645.107–70(a), insert 

the following provision: 

Status of Property Management System 

(DEC 2013) 

(a) When used in this provision, 

government-furnished property, government 

property, and contractor-acquired property 

are as defined in FAR 45.101. 

(b) Offerors shall include in their quote or 

offer: 

(1) Whether the offeror’s property 

management system that will be used on this 

contract to track government-furnished 

property and/or contractor-acquired property 

has been determined to be adequate by a 

Federal property manager; 

(2) The name, address, telephone number 

and email address of both the– 

(i) Cognizant Administrative Contracting 

Officer (ACO) responsible for review and 

determination of adequacy of the contractor’s 

property system; and 

(ii) The cognizant contractor government 

property manager; 

(3) The voluntary consensus standard or 

industry leading practices and standards to 

be used in the management of government 

property, or existing property management 

plans, methods, practices or procedures for 

accountability of property. 

(End of provision) 

■ 5. Section 652.245–71 is added to read 

as follows: 

652.245–71 Special Reports of 

Government Property. 

As prescribed in 645.107–70(b), insert 

the following clause: 

Special Reports of Government 

Property (DEC 2013) 

(a) Definitions. As used in this clause: 

Disposition means government property 

that has been removed from use on the 

contract. 

Highway motor vehicle means any vehicle, 

self propelled or drawn by mechanical 

power, designed and operated principally for 

highway transportation of property or 

passengers. (41 CFR 102–34.35). 

(b) The Contractor shall establish and 

maintain a property management system that 

is in accordance with the clause at FAR 

52.245–1, Government Property. This clause 

supplements these requirements by 

specifying the U.S. Department of State 

capitalized property reporting requirements. 

(c) The Contractor shall submit 

electronically one report on an annual basis 

and three other reports on a quarterly basis 

for the following: 

(1) Where highway motor vehicles and 

aircraft, regardless of cost, are provided by 

the Government or acquired by the 

Contractor for the account of the 

Government; 

(2) Where software exceeding $500,000 in 

value, including labor cost to develop, is 

provided by the Government or acquired by 

the Contractor for the account of the 

Government; or 

(3) Where personal property greater than 

$25,000 (not in paragraph (c)(1) or (c)(2) of 

this clause) is provided by the Government 

or acquired by the Contractor for the account 

of the Government. The personal property 

must be complete within itself; does not lose 

its identity or become a component part of 

other property when put into use; and is of 

a durable nature with an estimated useful life 

expectancy to exceed two years. 

(d) The Contractor shall submit all annual 

and quarterly reports in the following format, 

except as stated in paragraph (e) of this 

clause: 

(1) Property shall be grouped by the 

following property classifications: 

(i) Highway motor vehicles; 

(ii) Communications equipment; 

(iii) Information technology (formerly 

called automated data processing) 

equipment; 

(iv) Reproduction equipment; 

(v) Security equipment; 

(vi) Software; 

(vii) Software-in-development; 

(viii) Medical equipment; 

(ix) Aircraft property; and 

(x) Other depreciable personal property. 

(2) Data elements for each unit of property 

shall include: 

(i) Contract number: Federal Government 

contract or purchase order number; 

(ii) Task Order number; 

(iii) Property classification: From 

classification listed in paragraph (d)(1) of this 

clause; 


pmangrum on DSK3VPTVN1PROD with RULES
Federal Register / Vol. 78, No. 241 / Monday, December 16, 2013 / Rules and Regulations 76077 

(iv) Denotation as either governmentfurnished property (GFP) or contractoracquired property (CAP) (If from another 

DOS contract, or government agency, please 

specify); 

(v) Noun name of property (i.e. generator); 

(vi) Description of property; 

(vii) Manufacturer; 

(viii) Model; 

(ix) Serial number; 

(x) National Stock Number if applicable 

(xi) Unique-item identifier or equivalent: 

such as barcode label (tag number) or systemassigned number. For highway motor 

vehicles, this must be the vehicle 

identification number (VIN); 

(xii) Date received: Date contractor took 

possession; 

(xiii) Date placed in service; 

(xiv) Acquisition cost (As defined in FAR 

clause 52.245–1(a)): Use estimated fairmarket value for property transferred or 

donated, at the time acquired, if actual cost 

is unknown; 

(xv) Estimated useful life in years: The 

period during which the property is expected 

to provide the service for which it was 

intended. This should normally be 

equivalent to the depreciation schedule; 

(xvi) Current location of the property: 

Country and city; 

(xvii) Disposal Date; 

(xviii) Disposal Method; 

(e) The Contractor shall submit a full 

property report, as described in this clause, 

including affirmation, for the report covering 

the first quarter of the base contract. 

Thereafter, submission of reports shall follow 

the time frames outlined in paragraph (h) 

below. Quarterly property reports, other than 

the annual report, may be either full property 

reports or only updates to the full property 

report. Quarterly reports do not require 

affirmations even when the Contractor 

chooses to submit a full property report. 

Affirmations are only required for the report 

covering the first quarter of the contract and 

the annual report for each subsequent option 

year of the contract. If the Contractor submits 

a full property report, dispositions 

subsequent to any previous report must also 

be identified in the report. If a Contractor 

submits a quarterly report in the form of an 

update, the update shall include acquisitions 

and dispositions. 

(f) The Contractor shall provide any 

required affirmation in the following format. 

The affirmation shall be signed by the 

Contractor’s managerial personnel (as 

defined in FAR clause 52.245–1): 

‘‘I hereby affirm that a physical inventory 

of the government property (as defined in 

Federal Acquisition Regulation (FAR) 45.101) 

of Department of State contract number 

(insert contract number) has been completed 

as of (insert date), the inventory has been 

reconciled to our records and the property 

information in our report, and that to the best 

of my knowledge and belief, this inventory 

is accurate, current, and complete. 

Signed: 

lllllllllllllllllllll

Printed: 

lllllllllllllllllllll

Title: 

lllllllllllllllllllll

Date: 

lllllllllllllllllllll

(g) In addition to the information required 

above, the Contractor shall include in all 

property reports: 

(1) The current degree to which properly 

qualified Government personnel have 

evaluated the Contractor’s property 

management system as being an adequate 

property management system; 

(2) The name, mailing address, telephone 

number, and email address of the qualified 

Government person(s) who performed the 

evaluation of the Contractor’s property 

management system; and 

(3) The cognizant contractor government 

property manager. 

(h) Reports shall cover the following time 

periods and are due on the following dates: 

Report Period covered Due date 

1st Quarter Report ............................................................ For 1st quarter ending December 31 ............................. January 15. 

2nd Quarter Report (Annual Property Report) ................. For 2nd quarter ending March 31 ................................... April 30. 

3rd Quarter Report ........................................................... For 3rd quarter ending June 30 ...................................... July 15. 

4th Quarter Report ............................................................ For 4th quarter ending September 30 ............................ October 8. 

(i) The Contractor shall send a copy of all 

reports to the individuals listed below. The 

Contractor shall submit reports in electronic 

format as an attachment to an email. The 

affirmation described in paragraph (f) of this 

clause shall be in Adobe Acrobat (.pdf) 

format (including the signature), while the 

inventories, both quarterly and annual, shall 

be in Microsoft Excel format (Adobe Acrobat 

and Microsoft Excel versions shall be 

compatible with versions used by DOS). 

Send all reports to: 

(1) The contracting officer; 

(2) The Property Administrator; 

(3) The contracting officer’s representative 

(COR); 

(4) Propertyreports@state.gov; 

(5) RM-FPRA-PROP@state.gov; and 

(6) All individuals listed below (if any): 

[contracting officer shall list individuals, if 

any]. 

(j) The Contractor shall cooperate by 

responding timely to all follow up questions 

and requests for supporting documentation 

whether requested by the Department or 

external auditors. 

(End of clause) 

Dated: November 26, 2013. 

Corey M. Rindner, 

Procurement Executive, Department of State. 

[FR Doc. 2013–29861 Filed 12–13–13; 8:45 am] 

BILLING CODE 4710–24–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Parts 648 and 697 

[Docket No. 130319263–3823–02] 

RIN 0648–BD09 

Magnuson-Stevens Act Provisions; 

Fisheries of the Northeastern United 

States; Northeast Multispecies 

Fishery; Final Rule To Allow Northeast 

Multispecies Sector Vessels Access to 

Year-Round Closed Areas 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Interim final rule. 

SUMMARY: This rule allows fishing 

access for Northeast multispecies 

sectors to two portions of the Southern 

New England Nantucket Lightship 

Closed Area for the remainder of the 

2013 fishing year under specified 

conditions. Although NMFS considered 

and proposed exemption requests that 

would allow sector vessels access to 

portions of Georges Bank Closed Areas 

I and II, NMFS is not granting access to 

those areas at this time. The intent of 

this rule is to allow sector vessels 

increased opportunities to harvest nongroundfish stocks such as monkfish, 

dogfish, and skates while minimizing 

impacts to overfished groundfish stock 

such as Georges Bank cod and 

yellowtail flounder. 

DATES: Effective December 31, 2013, 

through April 30, 2014. Comments on 

the interim monitoring coverage 

measure must be received by January 

15, 2014. 

ADDRESSES: A copy of the 

accompanying environmental 

assessment is available from the NMFS 

Northeast Regional Office: John K. 

Bullard, Regional Administrator, 

National Marine Fisheries Service, 55 

Great Republic Drive, Gloucester, MA 

01930. These documents are also 

accessible via the Federal eRulemaking 

Portal: http://www.regulations.gov. 

You may submit comments on this 

document, identified by NOAA–NMFS– 

2013–0084, by any of the following 

methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 


pmangrum on DSK3VPTVN1PROD with RULES