Federal Register / Vol. 80, No. 36 / Tuesday, February 24, 2015 / Rules and Regulations 9665 

coverage of services described in section 

1303(b)(1)(B)(i) of the Affordable Care 

Act. 

(b) State opt-out. An MSP issuer may 

not offer abortion coverage in any State 

where such coverage of abortion 

services is prohibited by State law. 

(c) Notice to Enrollees—(1) Notice of 

exclusion. The MSP issuer must provide 

notice to consumers prior to enrollment 

that non-excepted abortion services are 

not a covered benefit in the form, 

manner, and timeline prescribed by 

OPM. 

(2) Notice of coverage. If an MSP 

issuer chooses to offer an MSP option 

that covers non-excepted abortion 

services, in addition to an MSP option 

that does not cover non-excepted 

abortion services, the MSP issuer must 

provide notice to consumers prior to 

enrollment that non-excepted abortion 

services are a covered benefit. An MSP 

issuer must provide notice in a manner 

consistent with 45 CFR 147.200(a)(3), to 

meet the requirements of 45 CFR 

156.280(f). OPM may provide guidance 

on the form, manner, and timeline for 

this notice. 

(3) OPM review and approval of 

notices. OPM may require an MSP 

issuer to submit to OPM such notices. 

OPM reserves the right to review and 

approve these consumer notices to 

ensure that an MSP issuer complies 

with Federal and State laws, and the 

standards prescribed by OPM with 

respect to § 800.602. 

§ 800.603 Disclosure of information 

(a) Disclosure to certain entities. OPM 

may provide information relating to the 

activities of MSP issuers or State-level 

issuers to a State Insurance 

Commissioner or Director of a Statebased Exchange. 

(b) Conditions of when to disclose. 

OPM shall only make a disclosure 

described in this section to the extent 

that such disclosure is: 

(1) Necessary or appropriate to permit 

OPM’s Director, a State Insurance 

Commissioner, or Director of a Statebased Exchange to administer and 

enforce laws applicable to an MSP 

issuer or State-level issuer over which it 

has jurisdiction, or 

(2) Otherwise in the best interests of 

enrollees or potential enrollees in MSP 

options. 

(c) Confidentiality of information. 

OPM will take appropriate steps to 

cause the recipient of this information 

to preserve the information as 

confidential. 

[FR Doc. 2015–03421 Filed 2–20–15; 8:45 am] 

BILLING CODE 6325–63–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 101206604–1758–02] 

RIN 0648–XD731 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Coastal 

Migratory Pelagic Resources of the 

Gulf of Mexico and South Atlantic; 

2015 Commercial Run-Around Gillnet 

Closure 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS implements an 

accountability measure (AM) through 

this temporary rule for commercial 

harvest of king mackerel in the Florida 

west coast southern subzone of the 

eastern zone of the Gulf of Mexico (Gulf) 

exclusive economic zone (EEZ) using 

run-around gillnet gear. NMFS has 

determined that the commercial annual 

catch limit (ACL; commercial quota) for 

king mackerel using run-around gillnet 

gear in the Florida west coast southern 

subzone of the Gulf EEZ will be reached 

on February 20, 2015. Therefore, NMFS 

closes the Florida west coast southern 

subzone to commercial king mackerel 

fishing using run-around gillnet gear in 

the Gulf EEZ. This closure is necessary 

to protect the Gulf king mackerel 

resource. 

DATES: The closure is effective 12:01 

p.m., eastern standard time, February 

20, 2015, until 6 a.m., eastern standard 

time, January 19, 2016. 

FOR FURTHER INFORMATION CONTACT: 

Susan Gerhart, NMFS Southeast 

Regional Office, telephone: 727–824– 

5305, email: susan.gerhart@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

fishery for coastal migratory pelagic fish 

(king mackerel, Spanish mackerel, and 

cobia) is managed under the Fishery 

Management Plan for the Coastal 

Migratory Pelagic Resources of the Gulf 

of Mexico and South Atlantic (FMP). 

The FMP was prepared by the Gulf of 

Mexico and South Atlantic Fishery 

Management Councils 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. 

Gulf migratory group king mackerel’s 

Florida west coast subzone of the Gulf 

eastern zone is divided into northern 

and southern subzones, each with 

separate commercial quotas. From 

November 1 through March 31, the 

southern subzone encompasses an area 

of the EEZ south of a line extending due 

west of the Lee and Collier County, FL, 

boundary on the Florida west coast, and 

south of a line extending due east of the 

Monroe and Miami-Dade County, FL, 

boundary on the Florida east coast, 

which includes the EEZ off Collier and 

Monroe Counties, FL. From April 1 

through October 31, the southern 

subzone is reduced to the EEZ off 

Collier County, and the EEZ off Monroe 

County becomes part of the Atlantic 

migratory group area (50 CFR 

622.384(b)(1)(i)(C)). 

On January 30, 2012 (76 FR 82058, 

December 29, 2011), NMFS 

implemented a commercial quota for the 

Gulf migratory group king mackerel in 

the Florida west coast southern subzone 

of 551,448 lb (250,133 kg) for vessels 

using run-around gillnet gear (50 CFR 

622.384(b)(1)(i)(B)(1)), for the current 

fishing year, July 1, 2014, through June 

30, 2015. 

Regulations at 50 CFR 622.8(b) require 

NMFS to close any segment of the king 

mackerel commercial sector when its 

quota has been reached, or is projected 

to be reached, by filing a notification 

with the Office of the Federal Register. 

NMFS has determined that the 

commercial quota of 551,448 lb (250,133 

kg) for Gulf group king mackerel for 

vessels using run-around gillnet gear in 

the Florida west coast southern subzone 

will be reached on February 20, 2015. 

Accordingly, commercial fishing using 

such gear in the Florida west coast 

southern subzone is closed at 12:01 

p.m., eastern standard time, February 

20, 2015, until 6 a.m., eastern standard 

time, January 19, 2016, the beginning of 

the next fishing season, i.e., the day after 

the 2016 Martin Luther King, Jr. Federal 

holiday. Accordingly, the operator of a 

vessel that has been issued a Federal 

commercial permit to harvest Gulf 

migratory group king mackerel using 

run-around gillnet gear in the Florida 

west coast southern subzone must have 

landed ashore and bartered, traded, or 

sold such king mackerel prior to 12:01 

p.m., eastern standard time, February 

20, 2015. 

Persons aboard a vessel for which a 

commercial permit for king mackerel 

has been issued, except persons who 

also possess a king mackerel gillnet 

permit, may fish for or retain Gulf group 

king mackerel harvested using hookand-line gear in the Florida west coast 

southern subzone unless the 

commercial quota for hook-and-line gear 

has been met and the hook-and-line 


tkelley on DSK3SPTVN1PROD with RULES
9666 Federal Register / Vol. 80, No. 36 / Tuesday, February 24, 2015 / Rules and Regulations 

segment of the commercial sector has 

been closed. A person aboard a vessel 

that has a valid charter vessel/headboat 

permit for coastal migratory pelagic fish 

may continue to retain king mackerel in 

or from closed zones or subzones under 

the bag and possession limits set forth 

in 50 CFR 622.382(a)(1)(ii) and (a)(2), 

provided the vessel is operating as a 

charter vessel or headboat. A charter 

vessel or headboat that also has a 

commercial king mackerel permit is 

considered to be operating as a charter 

vessel or headboat when it carries a 

passenger who pays a fee or when there 

are more than three persons aboard, 

including operator and crew. 

During the closure, king mackerel 

harvested using run-around gillnet gear 

in the Florida west coast southern 

subzone may not be purchased or sold. 

This prohibition does not apply to king 

mackerel harvested using run-around 

gillnet gear in the Florida west coast 

southern subzone that were harvested, 

landed ashore, and sold prior to the 

closure and were held in cold storage by 

a dealer or processor. 

Classification 

The Regional Administrator, 

Southeast Region, NMFS, has 

determined this temporary rule is 

necessary for the conservation and 

management of Gulf migratory group 

king mackerel and is consistent with the 

Magnuson-Stevens Act and other 

applicable laws. 

This action is taken under 50 CFR 

622.8(b) and 622.388(a)(1) 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 

comment. 

This action responds to the best 

scientific information available. The 

Assistant Administrator for Fisheries, 

NOAA (AA), finds that the need to 

immediately implement this action to 

close the fishery 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), because prior 

notice and opportunity for public 

comment on this temporary rule is 

unnecessary and contrary to the public 

interest. Such procedures are 

unnecessary, because the rule 

implementing the ACL (quota) and the 

associated requirement for closure of the 

commercial harvest when the ACL 

(quota) is reached or projected to be 

reached has already been subject to 

notice and comment, and all that 

remains is to notify the public of the 

closure. They are contrary to the public 

interest, because any delay in the 

closure of the commercial harvest could 

result in the commercial quota being 

exceeded. There is a need to 

immediately implement this action to 

protect the king mackerel resource, 

because the capacity of the fishing fleet 

allows for rapid harvest of the quota. 

Prior notice and opportunity for public 

comment on this action would require 

time and would potentially result in a 

harvest well in excess of the established 

quota. 

For the aforementioned reasons, the 

AA also finds good cause to waive the 

30-day delay in effectiveness under 5 

U.S.C. 553(d)(3). 

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

Dated: February 19, 2015. 

Jennifer M. Wallace, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2015–03738 Filed 2–19–15; 4:15 pm] 

BILLING CODE 3510–22–P 


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