74056 Federal Register / Vol. 79, No. 240 / Monday, December 15, 2014 / Proposed Rules 

structured approach based on the profit 

analysis factors described in 1615.404– 

70. For experience-rated plans, OPM 

will use the performance based 

percentage so determined to develop the 

profit or fee prenegotiation objective, 

which will be the total profit (service 

charge) negotiated for the contract. For 

community-rated plans, OPM will use 

the performance based percentage so 

determined to develop an adjustment to 

net-to-carrier premiums, (performance 

adjustment) to be made during the first 

quarter of the following contract period. 

* * * * * 

■ 5. Section 1615.404–70 is revised as 

follows: 

1615.404–70 Profit analysis factors. 

(a) OPM Contracting Officers will 

apply a weighted guidelines method in 

developing the performance based 

percentage for FEHB Program contracts. 

For experience-rated plans, the 

performance based percentage will be 

applied to projected incurred claims 

and allowable administrative expenses. 

For community-rated plans, the 

performance based percentage will be 

applied to subscription income and will 

be used to calculate a performance 

adjustment to net-to-carrier premiums, 

as described at 48 CFR 1632.170(a)(2), to 

be made during the first quarter of the 

following contract period. In the context 

of the factors outlined in FAR 15.404– 

4(d), OPM will assess performance of 

FEHB carriers according to four factors. 

(1) Clinical quality. OPM will 

consider elements within such domains 

as preventive care, chronic disease 

management, medication use, and 

behavioral health. This factor 

incorporates elements from the FAR 

factor ‘‘contractor effort.’’ 

(2) Customer service. OPM will 

consider elements within such domains 

as communication, access, claims, and 

member experience/engagement. This 

factor incorporates elements of the FAR 

factor ‘‘contractor effort.’’ 

(3) Resource use. OPM will consider 

elements within such domains as 

utilization management, administrative, 

and cost trends. This factor incorporates 

elements of the FAR factors ‘‘contractor 

effort,’’ ‘‘contract cost risk,’’ and ‘‘cost 

control and other past 

accomplishments.’’ 

(4) Contract oversight. OPM will 

consider an assessment of contract 

performance in specific areas such as 

audit findings, fraud/waste/abuse, and 

responsiveness to OPM, benefits/

network management, contract 

compliance, technology management, 

data security, and Federal socioeconomic programs. This factor could 

incorporate any of the FAR profit 

analysis factors listed at 15.404– 

4(d)(1)(i)–(vi). 

(b) The sum of the maximum scores 

for the profit analysis factors will be 1 

percent. 

PART 1632—CONTRACT FINANCING 

■ 6. The authority citation for part 1632 

continues to read as follows: 

Authority: 5 U.S.C. 8913; 40 U.S.C. 486(c); 

48 CFR 1.301. 

■ 7. In section 1632.170, paragraph 

(a)(2) is revised to read as follows: 

1632.170 Recurring premium payments to 

carriers. 

(a) * * * 

(2) The difference between one 

percent and the performance based 

percentage of the contract price 

described at 1615.404–4 will be 

multiplied by the carrier’s subscription 

income for the year of performance and 

the resulting amount (performance 

adjustment) will be withheld from the 

net-to-carrier premium disbursement 

during the first quarter of the following 

contract period unless an alternative 

payment arrangement is made with the 

carrier’s Contracting Officer. 

Amounts withheld from a community 

rated plan’s premium disbursement will 

be deposited into the plan’s 

Contingency Reserve. 

* * * * * 

PART 1652—CONTRACT CLAUSES 

■ 8. The authority citation for part 1652 

continues to read as follows: 

Authority: 5 U.S.C. 8913; 40 U.S.C. 486(c); 

48 CFR 1.301. 

■ 9. In section 1652.232–70, revise the 

introductory text and paragraph (a) and 

remove paragraph (f). 

The revisions read as follows: 

1652.232–70 Payments—Community-rated 

contracts. 

As prescribed in 1632.171, the 

following clause shall be inserted in all 

community-rated FEHBP contracts: 

Payments 

(a) OPM will pay to the Carrier, in full 

settlement of its obligations under this 

contract, subject to adjustment for error or 

fraud, the subscription charges received for 

the plan by the Employees Health Benefits 

Fund (hereinafter called the Fund) less the 

amounts set aside by OPM for the 

Contingency Reserve and for the 

administrative expenses of OPM, amounts for 

obligations due pursuant to paragraph (b) of 

this clause and the performance adjustment 

described at 1615.404–4, plus any payments 

made by OPM from the Contingency Reserve. 

* * * * * 

■ 10. In section 1652.232–71, revise the 

introductory text and paragraph (a) and 

remove paragraph (f). 

The revisions read as follows: 

1652.232–71 Payments—experience-rated 

contracts. 

As prescribed in 1632.172, the 

following clause shall be inserted in all 

experience-rated FEHBP contracts: 

(a) OPM will pay to the Carrier, in full 

settlement of its obligations under this 

contract, subject to adjustment for error or 

fraud, the subscription charges received for 

the plan by the Employees Health Benefits 

Fund (hereinafter called the Fund) less the 

amounts set aside by OPM for the 

Contingency Reserve and for the 

administrative expenses of OPM, amounts for 

obligations due pursuant to paragraph (b) of 

this clause, and the performance-based 

service charge described at 1615.404–4, plus 

any payments made by OPM from the 

Contingency Reserve. 

* * * * * 

[FR Doc. 2014–29224 Filed 12–12–14; 8:45 am] 

BILLING CODE 6325–63–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

RIN 0648–BE50 

Magnuson-Stevens Fishery 

Conservation and Management Act 

Provisions; Fisheries of the 

Northeastern United States; Northeast 

Region Standardized Bycatch 

Reporting Methodology Omnibus 

Amendment 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of availability of 

proposed fishery management plan 

amendment; request for comments. 

SUMMARY: NMFS announces that the 

Mid-Atlantic and New England Fishery 

Management Councils have submitted 

an Omnibus Amendment to the Fishery 

Management Plans of the Northeastern 

U.S. to establish a Standardized Bycatch 

Reporting Methodology, incorporating a 

draft Environmental Assessment and 

preliminary Regulatory Impact Review, 

for review and approval by the Secretary 

of Commerce, and is requesting 

comments from the public. The 

Standardized Bycatch Reporting 

Methodology Omnibus Amendment 

would establish a standardized bycatch 

reporting methodology for all 13 Fishery 

Management Plans in the region, as 


tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 79, No. 240 / Monday, December 15, 2014 / Proposed Rules 74057 

required under the Magnuson-Stevens 

Fishery Conservation and Management 

Act. The proposed measures include: 

Bycatch reporting and monitoring 

mechanisms; analytical techniques and 

allocation of at-sea fisheries observers; a 

standardized bycatch reporting 

methodology performance standard; a 

review and reporting process; 

framework adjustment and annual 

specifications provisions; a 

prioritization process; and provisions 

for industry-funded observers and 

observer set-aside programs. 

DATES: Comments must be received on 

or before February 13, 2015. 

ADDRESSES: You may submit comments, 

identified by NOAA–NMFS–2014–0114, 

by any one of the following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

www.regulations.gov/#!docketDetail;

D=NOAA-NMFS-2014-0114, click the 

‘‘Comment Now!’’ icon, complete the 

required fields, and enter or attach your 

comments. 

• Mail: John K. Bullard, Regional 

Administrator, NMFS, Greater Atlantic 

Regional Fisheries Office, 55 Great 

Republic Drive, Gloucester, MA 01930. 

Mark the outside of the envelope: 

‘‘Comments on SBRM Amendment.’’ 

Instructions: All comments received 

are part of the public record and will 

generally be posted to 

www.regulations.gov without change. 

All Personal Identifying Information (for 

example, name, address, etc.) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit confidential business 

information or otherwise sensitive or 

protected information. 

NMFS will accept anonymous 

comments. Attachments to electronic 

comments will be accepted via 

Microsoft Word, Microsoft Excel, 

WordPerfect, or Adobe PDF file formats 

only. 

Copies of the Standardized Bycatch 

Reporting Methodology (SBRM) 

Omnibus Amendment, and of the draft 

Environmental Assessment and 

preliminary Regulatory Impact Review 

(EA/RIR), are available from the MidAtlantic Fishery Management Council, 

800 North State Street, Suite 201, Dover, 

DE 19901; and from the New England 

Fishery Management Council, 50 Water 

Street, Mill 2, Newburyport, MA 01950. 

The EA/RIR is also accessible via the 

Internet at: 

www.greateratlantic.fisheries.noaa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Douglas Potts, Fishery Policy Analyst, 

978–281–9341. 

SUPPLEMENTARY INFORMATION: The 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) requires that 

each Regional Fishery Management 

Council submit any Fishery 

Management Plan (FMP) amendment it 

prepares to NMFS for review and 

approval, disapproval, or partial 

approval. The Magnuson-Stevens Act 

also requires that NMFS, upon receiving 

an FMP amendment, immediately 

publish notification in the Federal 

Register that the amendment is 

available for public review and 

comment. If approved by NMFS, this 

amendment would establish a 

comprehensive SBRM that applies to all 

FMPs developed by the Mid-Atlantic 

and New England Councils. The 

amendment would also effect an 

administrative change to the regulations 

on framework adjustments. 

Background 

Section 303(a)(11) of the MagnusonStevens Act requires that all FMPs 

‘‘establish a standardized reporting 

methodology to assess the amount and 

type of bycatch occurring in the 

fishery.’’ In 2004, several conservation 

organizations challenged the approval of 

two major FMP amendments in the 

Region. In ruling on these suits, the U.S. 

District Court for the District of 

Columbia found that the FMPs did not 

clearly establish a SBRM as required by 

the Magnuson-Stevens Act and 

remanded the amendments back to the 

agency to fully develop and establish 

the required SBRM. In particular, the 

Court found that the amendments: (1) 

Failed to fully evaluate reporting 

methodologies to assess bycatch; (2) did 

not mandate a SBRM; and (3) failed to 

respond to potentially important 

scientific evidence. In response, the 

Councils worked closely with NMFS to 

develop, adopt, and implement an 

omnibus FMP amendment that 

established a SBRM for all 13 FMPs in 

the region. 

The final rule to implement the SBRM 

Omnibus Amendment was published in 

the Federal Register on January 28, 

2008 (73 FR 4736). Following 

implementation of the SBRM 

amendment, a conservation organization 

challenged the legality of the action 

(Oceana v. Locke). The U.S. District 

Court initially found in favor of the 

Government on all counts. However, 

that ruling was appealed by the 

plaintiffs, and in 2011 the U.S. Court of 

Appeals issued an opinion that found 

fault with one element of the 

amendment—the prioritization process. 

The Court of Appeals ordered the 

amendment be vacated and remanded to 

the agency for further proceedings. The 

Court of Appeals’ decision found that 

the prioritization process ‘‘grants the 

Fisheries Service substantial discretion 

both to invoke and to make allocations 

according to a non-standardized 

procedure,’’ and, therefore, did not 

‘‘establish’’ a standardized methodology 

as required under the MagnusonStevens Act. On December 29, 2011, 

NMFS published a rule in the Federal 

Register (76 FR 81844) removing all 

regulations implemented by the January 

28, 2008, SBRM final rule. 

The Councils, in coordination with 

NMFS, initiated a revised SBRM 

amendment to build upon the 

substantial work previously completed 

to develop the SBRM and to address the 

limited deficiencies identified by the 

Court. This amendment covers 13 FMPs, 

40 managed species, and 14 types of 

fishing gear. The purpose of the 

amendment is to: Explain the methods 

and processes by which bycatch is 

currently monitored and assessed for 

fisheries in the region; determine 

whether these methods and processes 

need to be modified and/or 

supplemented; establish standards of 

precision for bycatch estimation for 

these fisheries; and, thereby, document 

the SBRM established for all fisheries 

managed through the FMPs of the 

Northeastern U.S. The amendment also 

addresses the Appellate Court’s concern 

over NMFS’s ‘‘substantial discretion 

both to invoke and to make allocations 

according to a non-standardized 

procedure’’ cited in the Oceana v. Locke 

decision. 

The Omnibus SBRM Amendment 

would establish an SBRM comprised of 

seven elements: (1) The methods by 

which data and information on discards 

are collected and obtained; (2) the 

methods by which the data obtained 

through the mechanisms identified in 

element 1 are analyzed and utilized to 

determine the appropriate allocation of 

at-sea observers; (3) a performance 

measure by which the effectiveness of 

the SBRM can be measured, tracked, 

and utilized to effectively allocate the 

appropriate number of observer sea 

days; (4) a process to provide the 

Councils with periodic reports on 

discards occurring in fisheries they 

manage and on the effectiveness of the 

SBRM; (5) a measure to enable the 

Councils to make changes to the SBRM 

through framework adjustments and/or 

annual specification packages rather 

than full FMP amendments; (6) a nondiscretionary method to determine the 

available funding for at-sea observers 

and a formulaic process for prioritizing 

at-sea observer coverage allocations to 

match available funding; and (7) to 


tkelley on DSK3SPTVN1PROD with PROPOSALS
74058 Federal Register / Vol. 79, No. 240 / Monday, December 15, 2014 / Proposed Rules 

implement consistent, cross-cutting 

observer service provider approval and 

certification procedures and to enable 

the Councils to implement either a 

requirement for industry-funded 

observers or an observer set-aside 

program through a framework 

adjustment rather than an FMP 

amendment. 

We are soliciting public comments on 

the SBRM Omnibus Amendment and its 

incorporated documents through the 

end of the comment period stated in this 

notice of availability. A proposed rule 

that would implement the revised 

SBRM Omnibus Amendment will be 

published in the Federal Register for 

additional public comment, following 

NMFS’s evaluation of the proposed rule 

under the procedures of the MagnusonStevens Act. Public comments on the 

proposed rule must be received by the 

end of the comment period provided in 

this notice of availability of the SBRM 

Amendment to be considered in the 

approval/disapproval decision on the 

amendment. All comments received by 

February 13, 2015, whether specifically 

directed to the SBRM Amendment or 

the proposed rule will be considered in 

the approval/disapproval decision on 

the amendment. To be considered, 

comments must be received by close of 

business on the last day of the comment 

period. Comments received after that 

date will not be considered in the 

decision to approve or disapprove the 

revised SBRM Omnibus Amendment, 

including those postmarked or 

otherwise transmitted by the last day of 

the comment period. 

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

Dated: December 9, 2014. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2014–29216 Filed 12–12–14; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 680 

RIN 0648–BA61 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Allocating Bering Sea 

and Aleutian Islands King and Tanner 

Crab Fishery Resources 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of availability of fishery 

management plan amendment; request 

for comments. 

SUMMARY: The North Pacific Fishery 

Management Council (Council) 

submitted Amendment 31 to the Fishery 

Management Plan for Bering Sea/

Aleutian Islands King and Tanner Crabs 

(FMP) to NMFS for review. If approved, 

Amendment 31 would amend the 

Bering Sea and Aleutian Islands Crab 

Rationalization Program (CR Program) 

within the FMP to: Temporarily expand 

the eligibility requirements for 

individuals wishing to acquire C share 

Quota Share (QS) by transfer; establish 

minimum participation requirements for 

C share QS holders to be eligible to 

receive an annual allocation of 

Individual Fishing Quota (IFQ); 

establish minimum participation 

requirements for C share QS holders to 

be eligible to retain their C share QS and 

establish an administrative process for 

revocation of an individual’s C share 

QS, if he or she fails to satisfy the 

minimum participation requirements; 

establish a regulatory mechanism to 

ensure that three percent of the total 

allowable catch (TAC) for each CR 

Program crab fishery is allocated as IFQ 

to holders of C share QS; and remove 

the prohibition on leasing C share IFQ. 

Amendment 31 is necessary to ensure 

that individuals who hold C shares are 

active in the CR Program fisheries and 

to ensure that application deadlines 

provide adequate time to resolve 

disputes. This action is intended to 

promote the goals and objectives of the 

Magnuson-Stevens Fishery 

Conservation and Management Act, the 

FMP, and other applicable law. 

DATES: Comments on the amendment 

must be submitted on or before February 

13, 2015. 

ADDRESSES: You may submit comments 

on this document, identified by NOAA– 

NMFS–2010–0265, by any of the 

following methods: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

www.regulations.gov/

#!docketDetail;D=NOAA-NMFS-2010- 

0265, click the ‘‘Comment Now!’’ icon, 

complete the required fields, and enter 

or attach your comments. 

• Mail: Submit written comments to 

Glenn Merrill, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region NMFS, Attn: 

Ellen Sebastian. Mail comments to P.O. 

Box 21668, Juneau, AK 99802–1668. 

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 www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address, etc.), 

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). Attachments to 

electronic comments will be accepted in 

Microsoft Word, Excel, or Adobe PDF 

file formats only. 

Electronic copies of Amendment 31, 

the Regulatory Impact Review/Initial 

Regulatory Flexibility Analysis (RIR/

IRFA) and the categorical exclusion 

prepared for this action—as well as the 

Environmental Impact Statement 

prepared for the CR Program—may be 

obtained from http://

www.regulations.gov or from the Alaska 

Region Web site at http://

alaskafisheries.noaa.gov. NMFS 

determined that this proposed action 

was categorically excluded from the 

need to prepare an environmental 

assessment under the National 

Environmental Policy Act. 

FOR FURTHER INFORMATION CONTACT: 

Karen Palmigiano, 907–586–7228. 

SUPPLEMENTARY INFORMATION: The king 

and Tanner crab fisheries in the 

exclusive economic zone of the Bering 

Sea and Aleutian Islands (BSAI) are 

managed under the Fishery 

Management Plan for Bering Sea/

Aleutian Islands King and Tanner Crabs 

FMP (FMP). The FMP was prepared by 

the North Pacific Fishery Management 

Council (Council) under the MagnusonStevens Fishery Conservation and 

Management Act (Magnuson-Stevens 

Act) as amended by the Consolidated 

Appropriations Act of 2004 (Pub. L. 

108–199, section 801). Regulations 

implementing the FMP, including the 

CR Program, are primarily located at 50 

CFR part 680. 

Overview of CR Program and C Shares 

The CR Program is a limited access 

privilege program that allocates the 

harvest of certain crab fisheries 

managed under the FMP among 

harvesters, processors, and coastal 

communities. Under the CR Program, 

NMFS issued four types of quota share 

(QS) to persons based on their 

qualifying harvest histories in certain 

BSAI crab fisheries during a specific 

period of time defined under the CR 

Program. The four types of QS are 

catcher vessel owner (CVO), catcher 

processor owner (CPO), catcher vessel 


tkelley on DSK3SPTVN1PROD with PROPOSALS