25438 Federal Register / Vol. 63, No. 89 / Friday, May 8, 1998 / Proposed Rules

manner and should EPA determine that

promulgated versions of the Update IVA

methods are needed for compliance

purposes, EPA will publish a notice of

proposed rulemaking and a final

rulemaking for the update.

V. Request for Comment on the

Removal of Chapter Eleven From SW–

846

The hazardous waste management

regulations for permitted facilities (40

CFR 264) were promulgated in July 1982

under subtitle C of the Solid Waste

Disposal Act, as amended by the

Resource Conservation and Recovery

Act (RCRA) of 1976, and the Hazardous

and Solid Waste Amendments of 1984

(HSWA). Subpart F under these

regulations, Releases From Solid Waste

Management Units, sets forth

performance standards for ground-water

monitoring systems at permitted

hazardous waste land disposal facilities.

A manual was prepared by the Office of

Solid Waste to provide guidance for

implementing the ground-water

monitoring regulations for regulated

units contained in 40 CFR 264, subpart

F, and the permitting standards of 40

CFR 270. In 1986, EPA released two

documents relating to RCRA groundwater monitoring, specifically the

‘‘RCRA Groundwater Monitoring

Technical Enforcement Guidance’’

(TEG) and Chapter Eleven of SW–846,

entitled ‘‘Groundwater Monitoring.’’ In

November 1992, the Agency’s

Groundwater Monitoring Program

revised the technical procedures for

TSDF compliance with ground-water

monitoring requirements and

documented the procedures in a 1992

document entitled ‘‘RCRA Groundwater

Monitoring Draft Technical Guidance.’’

However, the 1986 version of Chapter

Eleven of SW–846 was not updated at

that time in conjunction with the 1992

ground-water monitoring guidance, and

thus the chapter remains out of date. At

the present time, most of the regulated

community is using the ground-water

monitoring guidance issued in 1992 as

the standard for RCRA ground-water

monitoring compliance. Therefore, EPA

would like to remove the outdated

Chapter Eleven of SW–846, and replace

it with a referral to the most current

version of the ground-water monitoring

guidance originally issued by the Office

of Solid Waste in 1992. The Agency is

requesting comment on this approach.

EPA is currently updating the November

1992 ground-water monitoring

guidance. However, Chapter 11 will

remain in SW–846 until the rule to

remove the required use of SW–846 has

been finalized.

Dated: April 24, 1998.

Matthew Hale,

Acting Director, Office of Solid Waste.

[FR Doc. 98–12309 Filed 5–7–98; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF DEFENSE

48 CFR Parts 204, 208, 213, 216, 217,

219, 223, 225, 237, 242, 246, 247, and

253

[DFARS Case 97–D306]

Defense Federal Acquisition

Regulation Supplement; Simplified

Acquisition Procedures

AGENCY: Department of Defense (DoD).

ACTION: Proposed rule with request for

comments.

SUMMARY: The Director of Defense

Procurement is proposing to amend

Defense Federal Acquisition Regulation

Supplement (DFARS) guidance on

simplified acquisition procedures for

consistency with the reorganization of

simplified acquisition procedures in the

Federal Acquisition Regulation (FAR),

and for consistency with FAR

amendments that implemented

provisions of the Federal Acquisition

Streamlining Act of 1994.

DATES: Comments on the proposed rule

should be submitted in writing to the

address shown below on or before July

7, 1998, to be considered in the

formulation of the final rule.

ADDRESSES: Interested parties should

submit written comments to: Defense

Acquisition Regulations Council, Attn:

Ms. Susan L. Schneider, PDUSD (A&T)

DP (DAR), IMD 3D139, 3062 Defense

Pentagon, Washington, DC 20301–3062.

Telefax number (703) 602–0350 Please

cite DFARS Case 97–D306 in all

correspondence related to this issue.

FOR FURTHER INFORMATION CONTACT:

Susan Schneider, (703) 602–0131.

SUPPLEMENTARY INFORMATION:

A. Background

This proposed rule revised DFARS

Part 213 to conform to the revision of

FAR Part 13 that was published as Item

IV of Federal Acquisition Circular 97–03

on December 9, 1997 (62 FR 64916). The

rule also amends other parts of the

DFARS for consistency with FAR

amendments that implemented

provisions of the Federal Acquisition

Streamlining Act of 1994 (Public Law

103–355) pertaining to simplified

acquisition procedures (e.g.,

replacement of the term ‘‘small

purchase’’ with the term ‘‘simplified

acquisition’’). The FAR amendments

were published as Item III of Federal

Acquisition Circular 90–29 (60 FR

34741, July 3, 1995) and Item II of

Federal Acquisition Circular 90–40 (61

FR 39189, July 26, 1996).

B. Regulatory Flexibility Act

The proposed rule is not expected 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, et seq.,

because the rule primarily consists of

conforming DFARS amendments and

internal Government procedures to

implement existing FAR guidance

pertaining to purchases at or below the

simplified acquisition threshold. An

Initial Regulatory Flexibility Analysis

has therefore not been performed.

Comments are invited from small

businesses and other interested parties.

Comments from small entities

concerning the affected DFARS subparts

also will be considered in accordance

with 5 U.S.C. 610. Such comments

should be submitted separately and

should cite DFARS Case 97–D306 in

correspondence.

C. Paperwork Reduction Act

The Paperwork Reduction Act does

not apply because the proposed rule

does not impose any information

collection requirements that require

Office of Management and Budget

approval under 44 U.S.C. 3501, et seq.

List of Subjects in 48 CFR Parts 204,

208, 213, 216, 217, 219, 223, 225, 237,

242, 246, 247, and 253

Government procurement.

Michele Peterson,

Executive Editor, Defense Acquisition

Regulations Council.

Therefore, 48 CFR Parts 204, 208, 213,

216, 217, 219, 223, 225, 237, 242, 246,

247, and 253 are proposed to be

amended as follows:

1. The authority citation for 48 CFR

Parts 204, 208, 213, 216, 217, 219, 223,

225, 237, 242, 246, 247, and 253

continues to read as follows:

Authority: 41 U.S.C. 421 and 48 CFR

Chapter 1.

PART 204—ADMINISTRATIVE

MATTERS

2. Section 204.670–2 is amended by

revising paragraph (c) to read as follows:

204.670–2 Reportable contracting actions.

* * * * *

(c) Summarize on the monthly DD

Form 1057, in accordance with the

instruction in 253.204–71(a)(3),

contracting actions that support a
Federal Register / Vol. 63, No. 89 / Friday, May 8, 1998 / Proposed Rules 25439

contingency operation as defined in 10

U.S.C. 101(a)(13), or a humanitarian or

peacekeeping operation as defined in 10

U.S.C. 2302(7), and that obligate or

deobligate funds exceeding $25,000 but

not exceeding $200,000.

* * * * *

204.804–1 [Amended]

3. Section 204.804–1 is amended in

paragraph (2) by removing the phrase

‘‘small purchase’’ and inserting in its

place the phrase ‘‘simplified

acquisition’’.

PART 208—REQUIRED SOURCES OF

SUPPLIES AND SERVICES

4. Section 208.405–2 is revised to read

as follows:

208.405–2 Order placement.

(1) When ordering from schedules,

ordering offices—

(i) May use DD Form 1155, Order for

Supplies or Services, to place orders

for—

(A) Commercial items at or below the

simplified acquisition threshold; and

(B) Other than commercial items at

any dollar value (see 213.307);

(ii) Shall use SF 1449, Solicitation/

Contract/Order for Commercial Items, to

place orders for commercial items

exceeding the simplified acquisition

threshold (see FAR 12.204); and

(iii) May use SF 1449 to place orders

for other than commercial items at any

dollar value.

(2) Schedule orders may be placed

orally if—

(i) The Contractor agrees to furnish a

delivery ticket for each shipment under

the order (in the number of copies

required by the orders office). The ticket

must include the—

(A) Contract number;

(B) Order number under the contract;

(C) Date of order;

(D) Name and title of person placing

the order;

(E) Itemized listing of supplies or

services furnished; and

(F) Date of delivery or shipment; and

(ii) Invoicing procedures are agreed

upon. Optional methods of submitting

invoices for payment are permitted,

such as—

(A) An individual invoice with a

receipted copy of the delivery ticket;

(B) A summarized monthly invoice

covering all oral orders made during the

month, with receipted copies of the

delivery tickets (this option is preferred

if there are many oral orders); or

(C) A contracting officer statement

that the Government has received the

supplies.

(3) For purchases where cash payment

is an advantage, the use of imprest

funds in accordance with 213.305 is

authorized when—

(i) The order does not exceed the

threshold at FAR 13.305–3(a); and

(ii) The contractor agrees to the

procedure.

(4) The Governmentwide commercial

purchase card may be used to place

schedule orders in accordance with

agency procedures.

5. Section 208.7204 is amended by

revising paragraph (a) to read as follows:

208.7204 Procedures.

(a) Except as otherwise provided in

FAR or DFARS, planned producers shall

be solicited for all acquisitions of their

planned items, when the acquisition

exceeds the simplified acquisition

threshold.

* * * * *

6. Section 208.7305 is amended by

revising paragraph (a)(3) to read as

follows:

208.7305 Contract clause.

(a) * * *

(3) For acquisitions at or below the

simplified acquisition threshold.

* * * * *

7. Part 213 is revised to read as

follows:

PART 213—SIMPLIFIED ACQUISITION

PROCEDURES

Subpart 213.2—Actions at or Below the

Micro-Purchase Threshold

Sec.

213.270 Use of the Governmentwide

commercial purchase card.

Subpart 213.3—Simplified Acquisition

Methods

213.302 Purchase orders.

213.302–3 Obtaining contractor acceptance

and modifying purchase orders.

213.302–5 Clauses.

213.303 Blanket purchase agreements

(BPAs).

213.303–5 Purchases under BPAs.

213.305 Imprest funds and third party

drafts.

213.305–1 General.

213.305–3 Conditions for use.

213.306 SF 44, Purchase Order—Invoice—

Voucher.

213.307 Forms.

Subpart 213.4—Fast Payment Procedure

213.402 Conditions for use.

Authority: 48 U.S.C. 421 and 48 CFR

Chapter 1.

Subpart 213.2—Actions at or Below the

Micro-Purchase Threshold

213.270 Use of the Governmentwide

commercial purchase card.

(a) Do not award a purchase order or

other contract in an amount at or below

the micro-purchase threshold for a

commercial item unless a written

determination is made by a member of

the Senior Executive Service, a flag

officer, or a general officer, that—

(1)(i) The source or sources available

for the supply or service do not accept

the Governmentwide commercial

purchase card (or other methods of

purchase specified in paragraphs (c)(1)

through (c)(3) of this section; and

(ii) The contracting activity is seeking

a source that accepts the

Governmentwide commercial purchase

card (or other methods of purchase

specified in paragraphs (c)(1) through

(c)(3) of this section); or

(2) The nature of the supply or service

necessitates use of a purchase order or

other contract so that terms and

conditions can be specified (e.g.,

purchase of safety critical parts that

require Government source inspection).

(b) To prevent mission delays,

authority to make the written

determination specified in paragraph (a)

of this section may be delegated to the

level of the senior local commander or

director.

(c) The written determination

specified in paragraph (a) of this section

is not required when—

(1) Placing an order or call against an

existing contract or agreement;

(2) Using a purchase method, other

than a purchase order, authorized by

FAR part 13;

(3) Awarding a purchase order or

other contract that uses the

Governmentwide commercial purchase

card as the method of payment; or

(4) Awarding a purchase order or

other contract that will be performed

entirely outside of any state, territory, or

possession of the United States, the

District of Columbia, and the

Commonwealth of Puerto Rico.

(d) The requirements of this section

do not preclude the use of required

sources of supply.

Subpart 213.3—Simplified Acquisition

Methods

213.302 Purchase orders.

213.302–3 Obtaining contractor

acceptance and modifying purchase orders.

(1) Require written acceptance of

purchase orders for classified

acquisitions.

(2) Normally, unilateral modifications

(see FAR 43.103) will be used for—

(i) No-cost amended shipping

instructions if—

(A) The amended shipping

instructions modify a unilateral

purchase order; and

(B) The contractor agrees orally or in

writing; and
25440 Federal Register / Vol. 63, No. 89 / Friday, May 8, 1998 / Proposed Rules

(ii) Any change made before work

begins if—

(A) The change is within the scope of

the original order;

(B) The contractor agrees;

(C) The modification references the

contractor’s oral or written agreement;

and

(D) Block 13D of Standard Form 30,

Amendment of Solicitation/

Modification of Contract, is annotated to

reflect the authority for issuance of the

modification.

(3) A supplemental agreement

converts a unilateral purchase order to

a bilateral agreement. If not previously

included in the purchase order,

incorporate the clause at 252.243–7001,

Pricing of Contract Modifications, in the

Standard Form 30, and obtain the

contractor’s acceptance by signature on

the Standard Form 30.

213.302–5 Clauses.

Use the clause at 252.243–7001,

Pricing of Contract Modifications, in all

bilateral purchase orders.

213.303 Blanket purchase agreements

(BPAs).

213.303–5 Purchases under BPAs.

(b) Individual purchases for

subsistence may be made at any dollar

value; however, the contracting officer

shall satisfy the competition

requirements of FAR part 6 for any

action not using simplified acquisition

procedures.

213.305 Imprest funds and third party

drafts.

213.305–1 General.

(1) As a matter of policy, DoD does

not support the use of cash payments

from imprest funds. This policy is

based, in part, on the mandatory

electronic funds transfer requirements

of the Debt Collection Improvement Act

of 1996 (Pub. L. 104–134).

(2) On a very limited basis,

installation commanders and

commanders of other activities with

contracting authority may be granted

authority to establish imprest funds and

third party draft (accommodation check)

accounts.

(3) Third party draft accounts, when

established in accordance with DoD

7000.14–R, DoD Financial Management

Regulation, Volume 5, Disbursing Policy

and Procedures—

(i) Provide an alternative to cash and

U.S. Treasury checks when the use of

Government purchase or travel cards is

not feasible;

(ii) Eliminate the need for cash on

hand for imprest fund transactions; and

(iii) Give issuing activities the

flexibility to issue low-volume and lowdollar value payment on site.

213.305–3 Conditions for use.

(d)(i) Use of imprest funds—

(A) Must comply with the conditions

stated in—

(1) DoD 7000.14–R, DoD Financial

Management Regulation, Volume 5,

Disbursing Policy and Procedures; and

(2) The Treasury Financial Manual,

Part 4, Chapter 3000, Section 3020; and

(B) Except as provided in paragraph

(d)(ii) of this subsection, requires

approval by the Director for Financial

Commerce, Office of the Deputy Chief

Financial Officer, Office of the Under

Secretary of Defense (Comptroller).

(ii) Imprest funds are authorized for

use without further approval for—

(A) Overseas transactions at or below

the micro-purchase threshold in support

or a contingency operation as defined in

10 U.S.C. 101(a)(13) or a humanitarian

or peacekeeping operation as defined in

10 U.S.C. 2302(7); and

(B) Classified transactions.

213.306 SF 44, Purchase Order-InvoiceVoucher.

(a)(1) The micro-purchase limitation

applies to all purchases, except that

purchases not exceeding the simplified

acquisition threshold may be made for—

(A) Aviation fuel and oil;

(B) Overseas transactions by

contracting officers in support of a

contingency operation as defined in 10

U.S.C. 101(a)(13) or a humanitarian or

peacekeeping operation as defined in 10

U.S.C. 2302(7); and

(C) Transactions in support of

intelligence and other specialized

activities addressed by part 2.7 of

Executive Order 12333.

213.307 Forms.

(a) If SF Form 1449 is not used, use

DD Form 1155 in accordance with

paragraph (b)(i) of this section.

(b)(i) Use DD Form 1155, Order for

Supplies or Services, for purchases

made using simplified acquisition

procedures.

(A) The DD Form 1155 serves as a—

(i) Purchase order or blanket purchase

agreement;

(ii) Delivery order or task order;

(iii) Receiving and inspection report;

(iv) Property voucher;

(v) Document for acceptance by the

supplier; and

(vi) Public voucher, when used as—

(A) A delivery order;

(B) The basis for payment of an

invoice against blanket purchase

agreements or basic ordering agreements

when a firm-fixed-price has been

established; or

(C) A purchase order for acquisitions

using simplified acquisition procedures.

(B) The DD Form 1155 is also

authorized for use for—

(i) Orders placed in accordance with

FAR Subparts 8.4, 8.6, 8.7, and 16.5;

and

(ii) Classified acquisitions when the

purchase is made within the United

States, its possessions, and Puerto Rico.

Attach the DD Form 254, Contract

Security Classification Specification, to

the purchase order.

(ii) Do not use Optional Form 347,

Order for Supplies or Services, or

Optional Form 348, Order for Supplies

or Services Schedule-Continuation.

(iii) Use Standard Form 30,

Amendment of Solicitation/

Modification of Contract to—

(A) Modify a purchase order; or

(B) Cancel a unilateral purchase order.

Subpart 213.4—Fast Payment

Procedure

213.402 Conditions for use.

(a) Individual orders may exceed the

simplified acquisition threshold for—

(i) Brand-name commissary resale

subsistence; and

(ii) Medical supplies for direct

shipment overseas.

PART 216—TYPES OF CONTRACTS

8. Section 216.203–4 is amended in

the introductory text of paragraph (a) by

adding a comma after the word

‘‘Supplies’’; and by revising paragraphs

(a)(i) and (b)(i) to read as follows:

216.203–4 Contract clauses.

(a) * * *

(i) The total contract price exceeds the

simplified acquisition threshold; and

* * * * *

(b) * * *

(i) The total contract price exceeds the

simplified acquisition threshold; and

* * * * *

PART 217—SPECIAL CONTRACTING

METHODS

9. Section 217.7302 is amended by

revising paragraph (b) to read as follows:

217.7302 Procedures.

* * * * *

(b) The requirement in paragraph (a)

of this section does not apply to

contracts—

(1) For commercial items; or

(2) Valued at or below the simplified

acquisition threshold.

10. Section 217.7504 is amended by

revising paragraph (a)(2) to read as

follows:

217.7504 Limitations on price increases.

* * * * *
Federal Register / Vol. 63, No. 89 / Friday, May 8, 1998 / Proposed Rules 25441

(a) * * *

(2) Departments and agencies may

specify an alternate percentage or

percentages for contracts at or below the

simplified acquisition threshold.

* * * * *

PART 219—SMALL BUSINESS

PROGRAMS

11. Section 219.201 is amended by

revising paragraph (c)(9)(A) to read as

follows:

§ 219.201 General policy.

* * * * *

(c) * * *

(9) * * *

(A) Reviewing and making

recommendations for all acquisitions

over $10,000, except small business

reservations;

* * * * *

12. Section 219.7001 is amended in

paragraph (b) by revising the

introductory text and paragraph (b)(1) to

read as follows:

§ 219.7001 Applicability.

* * * * *

(b) Do not use the evaluation

preference in acquisitions that—

(1) Use simplified acquisition

procedures;

* * * * *

PART 223—ENVIRONMENT,

CONSERVATION, OCCUPATIONAL

SAFETY, AND DRUG-FREE

WORKPLACE

13. Section 223.570–4 is amended by

revising paragraph (b) to read as follows:

§ 223.570–4 Contract clause.

* * * * *

(b) Do not use the clause in

solicitations and contracts—

(1) For commercial items;

(2) When performance or partial

performance will be outside the United

States, its territories, and possessions,

unless the contracting officer

determines such inclusion to be in the

best interest of the Government; or

(3) When the value of the acquisition

is at or below the simplified acquisition

threshold.

PART 225—FOREIGN ACQUISITION

14. Section 225.105 is amended by

revising paragraph (5)(ii)(B) to read as

follows:

§ 225.105 Evaluating offers.

* * * * *

(5) * * *

(ii) * * *

(B) ‘‘Domestically produced or

manufactured products’’ under small

business set-asides or small business

reservations; and

* * * * *

15. Section 225.770–3 is amended by

revising paragraph (a) to read as follows:

§ 225.770–3 Exceptions.

* * * * *

(a) Purchases at or below the

simplified threshold;

* * * * *

PART 237—SERVICE CONTRACTING

§ 237.7302 [Amended]

16. Section 237.7302 is amended in

the third sentence by removing the

reference ‘‘13.105’’ and inserting in its

place the reference ‘‘13.003(b)(1)’’.

PART 242—CONTRACT

ADMINISTRATION

§ 242.203 [Amended]

17. Section 242.203 is amended in

paragraph (a)(i)(P) by adding, after the

semicolon, the word ‘‘and’’; in

paragraph (a)(i)(Q) by removing ‘‘; and’’

and inserting a period in its place; and

by removing paragraph (a)(i)(R).

PART 246—QUALITY ASSURANCE

18. Section 246.370 is amended by

revising paragraph (b)(1) to read as

follows:

§ 246.370 Material inspection and

receiving report.

* * * * *

(b) * * *

(1) Contracts awarded using

simplified acquisition procedures;

* * * * *

PART 247—TRANSPORTATION

19. Section 247.271–3 is amended by

revising paragraphs (b)(1) and

(b)(2)(iv)(B) to read as follows:

§ 247.271–3 Procedures.

* * * * *

(b) * * *

(1) Excess requirements are those

services that exceed contractor

capabilities available under contracts.

Use simplified acquisition procedures to

satisfy excess requirements.

(2) * * *

(iv) * * *

(B) Using simplified acquisition

procedures.

* * * * *

20. Section 247.573 is amended by

revising paragraphs (a)(2) and (b)(2) to

read as follows:

§ 247.573 Solicitation provision and

contract clauses.

(a) * * *

(2) Those with an anticipated value at

or below the simplified acquisition

threshold.

(b) * * *

(2) Those with an anticipated value at

or below the simplified acquisition

threshold.

* * * * *

PART 253—FORMS

§ 253.204–70 [Amended]

21. Section 253.204–70 is amended in

the introductory text of paragraph

(b)(13)(i)(E) and in the first sentence of

paragraph (b)(13)(i)(G) by removing the

reference ‘‘13.202(c)(3)’’ and inserting in

its place the reference ‘‘13.303–2(c)(3)’’;

and in paragraph (d)(5)(iv)(A)(2) by

removing the reference ‘‘13.105’’ and

inserting in its place the reference

‘‘13.003(b)(1)’’.

22. Section 253.204–71 is amended by

revising paragraph (a)(3) introductory

text and paragraphs (g)(2)(ii)(C) and

(i)(1) to read as follows:

§ 253.204–71 DD Form 1057, Monthly

Contracting Summary of Actions, $25,000

or Less.

(a) * * *

(3) report actions of $25,000 or less in

support of a contingency operation as

defined in 10 U.S.C. 101(a)(13), or a

humanitarian or peacekeeping operation

as defined in 10 U.S.C. 2302(7), in

accordance with the instructions in

paragraphs (c) through (j) of this

subsection. Report actions exceeding

$25,000 but not exceeding $200,000 in

support of a contingency operation as

defined in 10 U.S.C. 101(a)(13), or a

humanitarian or peacekeeping operation

as defined in 10 U.S.C. 2302(7), on the

monthly DD Form 1057 as follows:

* * * * *

(g) * * *

(2) * * *

(ii) * * *

(C) Block E2c, SB Set-Aside Using

Simplified Acquisition Procedures.

Enter actions pursuant to FAR

13.003(b)(1) when award is to an SDB,

but a preference was not applied.

* * * * *

(i) * * *

(1) Enter the total number and dollar

value of actions in support of a

contingency operation as defined in 10

U.S.C. 101(a)(13) or a humanitarian or

peacekeeping operation as defined in 10

U.S.C. 2302(7). The numbers entered

here are a breakout of the numbers

already entered in Sections B and C.

* * * * *

23. Section 253.213 is amended by

revising the section heading; by

redesignating paragraph (e) as paragraph

(f); and in newly designated paragraph
25442 Federal Register / Vol. 63, No. 89 / Friday, May 8, 1998 / Proposed Rules

(f) by revising the introductory text and

paragraph (f)(i) to read as follows:

253.213 Simplified acquisition procedures

(SF’s 18, 30, 44, 1165, 1449, and OF’s 336,

347, and 348).

(f) DoD uses the DD Form 1155, Order

for Supplies or Services, instead of OF

347; and Optional Form 336,

Continuation Sheet, instead of OF 348.

(i) Use the DD Form 1155 as

prescribed in 213.307(b)(i) and in

accordance with the instructions at

253.213–70.

* * * * *

[FR Doc. 98–12268 Filed 5–7–98; 8:45 am]

BILLING CODE 5000–04–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 648

[I.D. 042898B]

New England Fishery Management

Council; Public Meeting

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Public meeting.

SUMMARY: The New England Fishery

Management Council (Council) will

hold a 2-day public meeting on May 20

and 21, 1998, to consider actions

affecting New England fisheries in the

exclusive economic zone.

DATES: The meeting will be held on

Wednesday, May 20, 1998, at 10 a.m.

and on Thursday, May 21, 1998, at 8:30

a.m.

ADDRESSES: The meeting will be held at

the Seaport Inn, 110 Middle Street,

Fairhaven, MA 02719; telephone (508)

997–1281. Requests for special

accommodations should be addressed to

the New England Fishery Management

Council, 5 Broadway, Saugus, MA

01906–1097; telephone (781) 231–0422.

FOR FURTHER INFORMATION CONTACT: Paul

J. Howard, Executive Director, New

England Fishery Management Council

(781) 231–0422.

SUPPLEMENTARY INFORMATION:

Wednesday, May 20, 1998

After introductions, the Council will

discuss and seek approval of the final

Monkfish Fishery Management Plan

(FMP) prepared jointly with the MidAtlantic Fishery Management Council.

During the Groundfish Committee

Report to follow, the committee will

recommend approval of the public

hearing document for Amendment 9 to

the Northeast Multispecies FMP and the

accompanying Draft Supplemental

Environmental Impact Statement

(DSEIS). Measures in the document

include revised overfishing definitions

and the specification of optimum yield

to be consistent with the reauthorized

Magnuson-Stevens Fishery

Conservation and Management Act

(Magnuson-Stevens Act), a prohibition

or possession limit for Atlantic halibut,

a possession limit for winter flounder in

the Southern New England and MidAtlantic stock areas, limits on the use of

square mesh in the Gulf of Maine and

on Georges Bank to reduce juvenile

flounder bycatch, a 1–inch increase in

the winter flounder minimum size, a

postponement of the use of electronic

vessel monitoring systems while

resolving outstanding related issues,

prohibition of the use of

‘‘streetsweeper’’ trawl gear, modification

the Gulf of Maine cod trip limit

requirement that a vessel remain in port

to account for an overage, and

application of the Gulf of Maine cod trip

limit ‘‘running clock’’ system to all

fisheries managed under a per-day trip

limit.

During the afternoon session, the

Habitat Committee will seek approval of

proposed essential fish habitat

designations and alternatives for red

hake, cod, witch flounder, ocean pout,

and Atlantic herring for purposes of

preparing a public hearing document.

The committee chairman will also

provide an update on progress to

develop alternatives for other Councilmanaged species. Before adjourning for

the day, the Aquaculture Committee

will recommend final action on a

framework adjustment to the Sea

Scallop FMP that would extend the

Westport Scallop Project closure for 18

months.

Thursday, May 21, 1998

The Council will seek approval of the

Sea Scallop Amendment 7 public

hearing document and DSEIS. Measures

to be included in the document are:

Days-at-sea (DAS) reductions, scallop

area management, and a DAS leasing to

be implemented by a future framework

adjustment to the FMP. An industryfunded vessel buyout program will also

be discussed. During the Whiting

Committee Report, the Council will seek

approval of measures for preparing a

public hearing document and DSEIS for

a whiting amendment to the Northeast

Multispecies FMP. Major measures

under consideration include a

moratorium on commercial permits,

whiting trip limits, closed areas, mesh

size restrictions, 3–inch mesh areas,

changes to the Cultivator Shoal fishery

regulations, and limits on the amount of

fish that can be brought in with a mesh

less than the minimum size.

The Council will seek approval of a

public hearing document and DSEIS for

the Atlantic Herring FMP. Measures will

include controlled access to the fishery,

spawning area closures, vessel/dealer

operator permit requirements, area

management, both a target total

allowable catch (TAC) and TAC that

triggers a management action, vessel

size limits, a prohibition on fishing for

the purposes of meal production, limits

on fishing time, and restrictions on

fishing for roe. The Dogfish Committee

will review recent committee

discussions. The meeting will conclude

with reports from the Council

Chairman, Executive Director,

Administrator, Northeast Region, NMFS

(Regional Administrator), Northeast

Fisheries Science Center and MidAtlantic Fishery Management Council

liaisons, and representatives of the

Coast Guard and the Atlantic States

Marine Fisheries Commission.

Announcement of an Experimental

Fishery Application

The Regional Administrator is

considering the authorization of an

experimental fishery for silver hake

(whiting) in the Gulf of Maine. The

experimental fishery would help to

determine appropriate gear type, area,

and season for a small mesh fishery that

would meet the bycatch criteria of the

Northeast multispecies exempted

fishery program. This experimental

fishery would include modifications of

the separator trawl experimental fishery

conducted in the summers of 1995,

1996, and 1997. Exempted fishing

permits to conduct experimental fishing

would be issued to participating vessels

to exempt them from DAS, mesh size,

and other gear restrictions of the

Northeast Multispecies Fishery

Management Plan.

Although other issues not contained

in this agenda may come before this

Council for discussion, in accordance

with the Magnuson-Stevens Act, those

issues may not be the subject of formal

Council action during this meeting.

Council action will be restricted to those

issues specifically listed in this notice.

Special Accommodations

This meeting is physically accessible

to people with disabilities. Requests for

sign language interpretation or other

auxiliary aids should be directed to Paul

J. Howard (see ADDRESSES) at least 5

days prior to the meeting date.