        DEPARTMENT OF COMMERCE
        National Oceanic and Atmospheric Administration
        50 CFR Part 622
        [Docket No. 140501394-5011-01]
        RIN 0648-BE20
        Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery Off the Southern Atlantic States; Amendment 32

          AGENCY:
          National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

          ACTION:
          Proposed rule; request for comments.

          SUMMARY:

          NMFS proposes regulations to implement Amendment 32 to the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic Region (FMP), as prepared by the South Atlantic Fishery Management Council (Council). If implemented, this rule would remove blueline tilefish from the deep-water complex; establish blueline tilefish commercial and recreational sector annual catch limits (ACLs) and accountability measures (AMs); revise the deep-water complex ACLs and AMs; establish a blueline tilefish commercial trip limit; and revise the blueline tilefish recreational bag limit. The purpose of this rule is to specify ACLs and AMs for blueline tilefish to end overfishing of the stock and maintain catch levels consistent with achieving optimum yield (OY) for the blueline tilefish resource.

          DATES:
          Written comments must be received on or before February 23, 2015.

          ADDRESSES:
          You may submit comments on the proposed rule identified by “NOAA-NMFS-2014-0145” 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-2014-0145, click the “Comment Now!” icon, complete the required fields, and enter or attach your comments.
          • Mail: Submit written comments to Rick DeVictor, Southeast Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701.

            Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments received are a part of the public record and will generally be posted for public viewing on 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 32, which includes an environmental assessment, an initial regulatory flexibility analysis (IRFA), and a regulatory impact review, may be obtained from the Southeast Regional Office Web site at http://sero.nmfs.noaa.gov/sustainable_fisheries/s_atl/sg/2014/am32/index.html.

          FOR FURTHER INFORMATION CONTACT:
          Rick DeVictor, telephone: 727-824-5305, or email: rick.devictor@noaa.gov.

        SUPPLEMENTARY INFORMATION:
        The blueline tilefish is in the snapper-grouper fishery of the South Atlantic, and the fishery is managed under the FMP. The FMP was prepared by the Council and is implemented through regulations at 50 CFR part 622 under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).
        Background
        A benchmark assessment for the blueline tilefish stock in the South Atlantic was conducted through the Southeast, Data, Assessment, and Review (SEDAR) process in 2013 (SEDAR 32). At its October 2013 meeting, the Council's Scientific and Statistical Committee (SSC) determined the 2013 stock assessment was based on the best scientific information available and considered the assessment to be appropriate for management decisions. The assessment determined that the blueline tilefish stock is undergoing overfishing in the South Atlantic. As required by the Magnuson-Stevens Act, the Council must therefore implement measures to end overfishing within 2 years of notification of an overfishing status. NMFS notified the Council of the blueline tilefish stock status on December 6, 2013.
        The Magnuson-Stevens Act requires that ACLs and AMs be implemented to prevent overfishing and achieve the OY from a fishery. An ACL is the level of annual catch of a stock that, if exceeded, triggers AMs. AMs are management controls to prevent ACLs from being exceeded and to correct any overages of ACLs if they occur. Two examples of AMs include an in-season closure if landings reach or are projected to reach the ACL, and a post-season overage adjustment which would reduce the ACL if an overage occurred during the previous fishing year.
        NMFS published an emergency rule on April 17, 2014 (79 FR 21636), that implemented temporary measures to reduce overfishing of blueline tilefish while Amendment 32 was being developed. Those measures were extended through a temporary rule on October 14, 2014 (79 FR 61262, October 10, 2014), and are effective through April 18, 2015, while Amendment 32 and the associated rulemaking are under review. The temporary measures of the emergency action include the following: Removal of blueline tilefish from the deep-water complex, specification of sector ACLs and AMs for blueline tilefish, and revision to the deep-water complex ACL to reflect the removal of blueline tilefish from the complex.
        Management Measures Contained in This Proposed Rule
        Removal of Blueline Tilefish From the Deep-Water Complex
        This proposed rule would remove blueline tilefish from the deep-water complex. In 2012, the Comprehensive ACL Amendment established a deep-water complex that contained the following eight species: blueline tilefish, yellowedge grouper, silk snapper, misty grouper, queen snapper, sand tilefish, black snapper, and blackfin snapper (77 FR 15916, March 16, 2012). The Comprehensive ACL Amendment also specified ACLs and AMs for the complex where the complex's ACLs were based upon an acceptable biological catch (ABC) recommendation provided by the Council's SSC. In the absence of stock assessments, the ABCs for these and other unassessed species in the Comprehensive ACL Amendment were based on median or average catch. The Council placed most unassessed snapper-grouper species into complexes because many unassessed snapper-grouper species are data-limited stocks that are known to have issues with species identification and/or extreme fluctuations in relative landings through time due to rarity, or lack of targeted fishing effort.
        As a result of blueline tilefish being assessed through SEDAR 32 and the Council's SSC providing an assessment-based ABC recommendation for blueline tilefish, the Council decided to remove blueline tilefish from the deep-water complex and establish individual ACLs and AMs for the blueline tilefish stock. The Council has determined that sufficient information is now available for blueline tilefish and the rationale for grouping the species with other data-limited species in the deep-water complex no longer applies.
        Blueline Tilefish Commercial and Recreational ACLs and AMs

        This proposed rule would implement individual blueline tilefish commercial and recreational sector ACLs (based on the revised ABC for blueline tilefish specified in Amendment 32) to end overfishing of the stock. In Amendment 32, the Council defines the blueline tilefish stock ACL equal to 98 percent of the ABC. Due to improved data reporting, the Council has consistently chosen to set ACL equal to ABC for snapper-grouper species. However, for blueline tilefish in Amendment 32, the Council decided to set the stock ACL at 98 percent of the proposed ABC to account for landings that occur north of the Council's area of jurisdiction. Approximately 2 percent of the total blueline tilefish harvested were landed north of the North Carolina/Virginia border. Therefore, this rule would establish blueline tilefish stock ACLs (combined commercial and recreational ACLs, equivalent to a total ACL), of 35,632 lb (16,162 kg) for 2015, 53,457 lb (24,248 kg) for 2016, 71,469 lb (32,418 kg) for 2017, and 87,974 lb (39,904 kg) for 2018, and subsequent fishing years. All ACL weights are expressed in round weight. Additionally, this rule would establish sector-specific ACLs for the blueline tilefish commercial and recreational sectors based upon the Council's previously established blueline tilefish allocations of 50.07 percent and 49.93 percent for the commercial and recreational sectors, respectively. The commercial ACLs would be 17,841 lb (8,093 kg) for 2015, 26,766 lb (12,141 kg) for 2016, 35,785 lb (16,232 kg) for 2017, and 44,048 lb (19,980 kg) for 2018, and subsequent fishing years. The recreational ACLs would be 17,791 lb (8,070 kg) for 2015, 26,691 lb (12,107 kg) for 2016, 35,685 lb (16,186 kg) for 2017, and 43,925 lb (19,924 kg) for 2018, and subsequent fishing years.
        This rule would implement commercial and recreational in-season AMs for blueline tilefish. If commercial or recreational landings for blueline tilefish reach or are projected to reach the applicable ACL, then the commercial or recreational sector, as applicable, would be closed for the remainder of the fishing year. The recreational sector would not have an in-season closure if the Regional Administrator (RA) determines, using the best scientific information available, that a closure would be unnecessary.
        Additionally, if the total ACLs are exceeded in a fishing year, then during the following fishing year the commercial and recreational sectors will not have an increase in their respective sector ACLs.
        This rule would also implement post-season ACL overage adjustments (paybacks) for blueline tilefish. For the commercial sector, if commercial landings exceed the commercial ACL, and the combined commercial and recreational ACL (stock ACL) is exceeded, and blueline tilefish are overfished, then during the following fishing year the commercial ACL would be reduced for that following year by the amount of the commercial ACL overage in the prior fishing year. For the recreational sector, if recreational landings for blueline tilefish exceed the applicable recreational ACL, and the combined commercial and recreational ACL (stock ACL) is exceeded, and blueline tilefish are overfished, then the recreational fishing season in the following fishing year would be reduced to ensure recreational landings do not exceed the recreational ACL the following fishing year. Additionally, the recreational ACL would be reduced by the amount of the recreational ACL overage from the prior fishing year. However, the recreational fishing season and recreational ACL would not be reduced if the RA determines, using the best scientific information available that no reduction is necessary.
        Additional Blueline Tilefish Management Measures
        This rule would implement a commercial trip limit and revise the recreational bag limit for blueline tilefish. This rule would establish a commercial trip limit of 100 lb (45 kg), gutted weight; 112 lb (51 kg), round weight. The trip limit is expected to slow the rate of harvest, potentially lengthening the commercial season during a fishing year, and reduce the risk of the commercial ACL from being exceeded.
        For the recreational bag limit, blueline tilefish are currently part of the aggregate grouper and tilefish bag limit of 3 fish per person per day. This proposed rule would revise the blueline tilefish bag limit within the aggregate to set a specific blueline tilefish bag limit of one per vessel per day for the months of May through August. There would be no retention of blueline tilefish by the recreational sector from January through April and from September through December each year. A bag limit of one blueline tilefish per vessel per day and an 8-month annual closure was determined to best meet address ending overfishing, reducing recreational harvest, and potentially reducing blueline tilefish discards if blueline tilefish are targeted less during the open season because of the lower bag limit. The Council determined that the shortened summer seasonal opening could provide increased stability for planning purposes to recreational fishermen as it could minimize the risk of an in-season closure and the recreational ACL being exceeded, which may require post-season AMs in the following fishing year. In addition, the Council determined that an opening during the summer months could increase safety at sea by allowing fishing to occur in the generally calmer summer weather compared to a January 1 season opening during the winter. The vessel limit and fishing season dates for the blueline tilefish recreational sector would match what is being proposed by the Council for snowy grouper through Regulatory Amendment 20 to the FMP. The Council determined that similar recreational management measures and fishing seasons would be beneficial to the fish stocks as both species are caught at the same depths and have similar high release mortality rates.
        Deep-Water Complex Commercial and Recreational ACLs and AMs

        This proposed rule would revise the ACLs and AMs for the deep-water complex (composed of yellowedge grouper, silk snapper, misty grouper, queen snapper, sand tilefish, black snapper, and blackfin snapper). The ACLs are being revised for two reasons. First, as Amendment 32 proposes to remove blueline tilefish from the deep-water complex, this proposed rule would remove the current blueline tilefish portion from the complex total ACL. The permanent blueline tilefish portion of the complex ACL is 631,341 lb (286,371 kg), round weight, and the total deep-water complex ACL is 711,025 lb (322,516 kg), round weight. The emergency rule set both a new, separate blueline tilefish ACL of 224,100 lb (101,650 kg), round weight and a revised deep-water complex ACL without blueline tilefish of 79,684 lb (36,144 kg), round weight. Second, through Amendment 29 to the FMP, which is currently in rulemaking, the Council is proposing a revision to the ABC control rule for data-poor species based on recommendations from the SSC. If Amendment 29 is approved and implemented, the portion of the deep-water complex ABC for silk snapper and yellowedge grouper would change. The Council submitted Amendment 29 to the Secretary of Commerce on October 14, 2014, the notice of availability for the amendment was published in the Federal Register on November 24, 2014 (79 FR 69819), and the proposed rule published in the Federal Register on December 8, 2014 (79 FR 72567).

        Therefore, this proposed rule would change the deep-water complex total ACL (both sectors without blueline tilefish but with the increased catch levels for silk snapper and yellowedge grouper resulting from Amendment 29), to 170,278 lb (77,237 kg), round weight. Additionally, this proposed rule would establish sector specific ACLs for the deep-water complex based on the allocations for species in the deep-water complex that were established in the Comprehensive ACL Amendment (77 FR 15916, March 16, 2012). The commercial ACL for the complex would be 131,634 lb (59,708 kg), round weight and the recreational ACL for the complex would be 38,644 lb (17,529 kg), round weight.

        This proposed rule would revise the AMs for the deep-water complex. This proposed rule would retain the current commercial in-season AM, revise the commercial post-season AM, and implement revised recreational AMs for the deep-water complex. If commercial or recreational landings for the deep-water complex reach or are projected to reach their applicable ACL, then the commercial or recreational sector, as applicable, would be closed for the remainder of the fishing year. The recreational sector would not have an in-season closure if the RA determined, using the best scientific information available, that a closure was unnecessary. The Council decided that the in-season AM for both sectors is necessary to reduce the risk that landings exceed the ACL.
        This proposed rule would also modify the post-season ACL overage adjustments for the deep-water complex. Currently, if deep-water complex commercial landings exceed the ACL and at least one species in the complex is overfished, the commercial ACL is reduced in the following year by the overage amount. This proposed rule would modify the commercial post-season AMs as follows: If commercial landings exceed the commercial ACL, and the combined commercial and recreational ACL (total ACL) is exceeded, and at least one species in the deep-water complex is overfished, then during the following fishing year the complex commercial ACL would be reduced for that following year by the amount of the complex's commercial ACL overage in the prior fishing year.
        Currently, if recreational landings for the deep-water complex exceed the recreational ACL, then during the following fishing year, recreational landings will be monitored for a persistence in increased landings and, if necessary, the length of the following recreational fishing season will be reduced by the amount necessary to ensure recreational landings do not exceed the recreational ACL in the following fishing year. This proposed rule would modify the recreational post-season AMs as follows: For the recreational sector, if recreational landings for the deep-water complex exceed the applicable recreational ACL, and the combined commercial and recreational ACL is exceeded, and at least one species in the complex is overfished, then length of the recreational fishing season in the following fishing year would be reduced to ensure recreational landings do not exceed the recreational ACL the following fishing year. Additionally, the recreational ACL would be reduced by the amount of the recreational ACL overage from the prior fishing year. However, the recreational fishing season and recreational ACL would not be reduced if the RA determined, using the best scientific information available, that no reduction is necessary.
        Additional Measures Contained in Amendment 32
        Amendment 32 also contains actions that would not be specified in the regulations. Amendment 32 revises the definitions of management thresholds for South Atlantic blueline tilefish, including maximum sustainable yield (MSY), OY, and ABC, and establishes recreational annual catch targets (ACTs) for blueline tilefish and revises the ACTs for the deep-water complex.
        Definitions of MSY and OY were established for blueline tilefish in Amendment 11 to the FMP (64 FR 59126, November 2, 1999). Amendment 32 would revise these definitions based upon the most recent scientific information contained in SEDAR 32. Amendment 32 would specify the MSY value for blueline tilefish and set the OY equal to the ACL. Amendment 32 would also establish recreational ACTs for blueline tilefish and revise the ACTs for the deep-water complex. The deep-water complex ACTs are being revised to reflect the removal of blueline tilefish from the complex and the change in the deep-water complex ABC as described above. These ACTs are management reference points to track performance of the management measures but do not trigger AMs.
        Classification
        Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the NMFS Assistant Administrator has determined that this proposed rule is consistent with Amendment 32, the FMP, the Magnuson-Stevens Act and other applicable law, subject to further consideration after public comment.
        This proposed rule has been determined to be not significant for purposes of Executive Order 12866.

        NMFS prepared a supplemental IRFA for this rule, as required by section 603 of the Regulatory Flexibility Act, 5 U.S.C. 603. The IRFA describes the economic impact that this proposed rule, if implemented, would have on small entities. A description of the action, why it is being considered, and the objectives of and legal basis for this action are contained in the preamble. A copy of the full analysis is available from the NMFS (see ADDRESSES). A summary of the supplemental IRFA follows.
        Every commercial fishing vessel in the South Atlantic snapper-grouper fishery must have either a valid Federal South Atlantic unlimited snapper-grouper permit or a trip-limited permit. Both permits are limited access permits, and a vessel with a trip-limited permit is limited to no more than 225 lb (102.1 kg) round weight (whole weight), per trip. As of November 5, 2014, there were 539 vessels with a valid unlimited permit and 111 vessels with a valid trip-limited permit. An estimated annual average of 277 vessels landed deep-water complex species from 2008 through 2012. From that, it is estimated that up to 277 commercial fishing vessels and up to 277 commercial fishing businesses would be directly affected by the proposed rule.
        According to Small Business Act Size Standards, a business in the finfish fishing industry is small if its annual receipts are less than $20.5 million. Based on estimates of average annual dockside revenue per vessel, it is concluded that a substantial number of the directly affected commercial fishing businesses are small businesses.
        The proposed changes to management measures would directly apply to businesses in the finfish fishing industry (NAICS 114111) that harvest blueline tilefish and other species of the deep-water complex of the South Atlantic snapper-grouper fishery. Proposed changes in this rule would also directly apply to anglers; however, anglers, whether aboard for-hire fishing or private and leased vessels, are not considered small entities as that term is defined in 5 U.S.C. 601(6) and so therefore are not further discussed in this summary.
        The proposed increase of the commercial ACL for the deep-water complex beyond its temporary value could have a beneficial economic impact by as much as an additional $244,116 to $338,690 (2012 dollars) annually in dockside revenue. The average annual economic benefit per vessel is estimated to be from $1,596 to $2,214 (2012 dollars).

        The proposed commercial ACL and AMs for blueline tilefish are expected to reduce average annual commercial landings of blueline tilefish from 2015 through 2019 by as much as 142,300 to 323,426 lb (64,546 to 146,704 kg) round weight, and dockside revenue by as much as $576,330 to $679,195 (2012 dollars). That change represents an approximate 89 percent to 91 percent reduction of average annual dockside revenue from blueline tilefish landings over that time. The average annual loss per vessel is estimated to range from $4,648 to $5,477 (2012 dollars), which represents approximately 6 percent to 7 percent of average annual receipts of these vessels.
        From 2008 through 2012, the average trip landed 525 lb (238.1 kg) gutted weight, of blueline tilefish, and an annual average of 124 commercial vessels had blueline tilefish landings. Without the proposed trip limit, the current average landings of 525 lb (238.1 kg), gutted weight, per trip would reach the proposed commercial ACL of 17,841 lb (8,092.5 kg) round weight, or 15,929 lb (7,225.3 kg), gutted weight, in 2015, by 30 trips and an estimated 94 vessels and up to 94 small businesses would have no blueline tilefish landings in 2015, as a result of AMs being triggered and the commercial season being closed. The proposed 100-lb (45.4-kg), gutted weight, trip limit would increase the number of trips necessary to reach the commercial ACL to 1,593, which would improve the likelihood that all of the estimated 124 vessels and small businesses, especially the smallest of those businesses, would have some blueline tilefish commercial landings during the year.
        The 100-lb (45.4-kg) trip limit would reduce average blueline tilefish landings per trip by 425 lb (192.8 kg) gutted weight, and $897 (2012 dollars), which is an 81 percent reduction in landings (by weight and value) per trip with blueline tilefish landings. That reduction of average blueline tilefish landings per trip represents a loss of approximately 28 percent of average dockside revenue per trip.
        The average of 525 lb (238.1 kg), gutted weight, per trip is not representative of all vessels in the snapper-grouper fishery. Vessels with a trip-limited permit cannot presently land more than 201 lb (91.2 kg), gutted-weight, of blueline tilefish per trip. The small businesses with trip-limited permits would lose no more than $222 (2012 dollars) in dockside revenue per trip. Hence, the 100 lb (45.4-kg), gutted weight, trip limit would represent at most a 51 percent reduction in landings (by weight and value) per trip for those vessels with a trip-limited permit.
        The proposed 100 lb (45.4 kg), gutted weight, trip limit would increase trip-related costs. Specifically, it would prevent larger vessels from experiencing traditional economies of scale. Consequently, it is expected that small businesses with vessels that have unlimited poundage permits would incur larger increases in average unit costs per pound of blueline tilefish landed than those with vessels that have 225 lb (102.1 kg), round weight, trip limit permits.
        Commercial ACLs for the deep-water complex less than the proposed 131,634 lb (59,708 kg), round weight, were considered but not adopted by the Council. A lesser commercial ACL would result in either a smaller beneficial economic impact than the preferred alternative or an adverse economic impact.
        A lesser commercial ACL for blueline tilefish was considered but not adopted and it, when combined with the in-season AM, would generate larger adverse economic impacts on small businesses. Other considered but not adopted alternatives would establish a higher commercial ACL than the preferred alternative for blueline tilefish, which would have smaller adverse economic impacts in the short run, but potentially larger adverse economic impacts in the long run.
        Among the considered but not adopted alternatives were higher commercial trip limits, which would have smaller adverse economic impacts on small businesses per trip. However, the higher trip limits would shorten the length of the open commercial season, reduce the number of small businesses that have landings of blueline tilefish during the year, and increase the likelihood that the smallest of the small businesses would have zero blueline tilefish landings during the year.

          List of Subjects in 50 CFR Part 622
          Blueline tilefish, deep-water complex, Fisheries, Fishing, South Atlantic, Snapper-Grouper.

          Dated: January 14, 2015.
          Samuel D. Rauch III,
          Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.

        For the reasons set out in the preamble, 50 CFR part 622 is proposed to be amended as follows:

          PART 622—FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH ATLANTIC

        1. The authority citation for part 622 continues to read as follows:

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

        2. In § 622.183, paragraph (b)(7) is added to read as follows:

          § 622.183
          Area and seasonal closures.

          (b) * * *
          (7) Blueline tilefish recreational sector closure. The recreational sector for blueline tilefish in or from the South Atlantic EEZ is closed from January 1 through April 30, and September 1 through December 31, each year. During a closure, the bag and possession limit for blueline tilefish in or from the South Atlantic EEZ is zero.

        3. In § 622.187, paragraphs (b)(2)(iii) and (iv) are revised and paragraph (v) is added to read as follows:

          § 622.187
          Bag and possession limits.

          (b) * * *
          (2) * * *
          (iii) No more than one fish may be a golden tilefish;
          (iv) No more than one fish per vessel may be a blueline tilefish; and
          (v) No goliath grouper or Nassau grouper may be retained.

        4. In § 622.191, paragraph (a)(10) is added to read as follows:

          § 622.191
          Commercial trip limits.

          (a) * * *
          (10) Blueline tilefish. Until the applicable ACL specified in § 622.193(z)(1)(iii) is reached or projected to be reached, 100 lb (45 kg), gutted weight; 112 lb (51 kg), round weight. See § 622.193(z)(1)(i) for the limitations regarding blueline tilefish after the commercial ACL is reached.

        5. In § 622.193, the suspension on paragraph (h) is lifted and paragraph (h) is revised, and paragraph (z) is added to read as follows:

          § 622.193
          Annual catch limits (ACLs), annual catch targets (ACTs), and accountability measures (AMs).

          (h) Deep-water complex (including yellowedge grouper, silk snapper, misty grouper, queen snapper, sand tilefish, black snapper, and blackfin snapper)—(1) Commercial sector—(i) If commercial landings for the deep-water complex, as estimated by the SRD, reach or are projected to reach the commercial ACL of 131,634 lb (59,708 kg), round weight, the AA will file a notification with the Office of the Federal Register to close the commercial sector for the remainder of the fishing year. On and after the effective date of such a notification, all sale or purchase of deep-water complex species is prohibited and harvest or possession of these species in or from the South Atlantic EEZ is limited to the bag and possession limit. This bag and possession limit applies in the South Atlantic on board a vessel for which a valid Federal commercial or charter vessel/headboat permit for South Atlantic snapper-grouper has been issued, without regard to where such species were harvested, i.e., in state or Federal waters.

          (ii) If commercial landings exceed the ACL, and the combined commercial and recreational ACL (total ACL) specified in paragraph (h)(3) of this section, is exceeded, and at least one of the species in the deep-water complex is overfished, based on the most recent Status of U.S. Fisheries Report to Congress, the AA will file a notification with the Office of the Federal Register, at or near the beginning of the following fishing year to reduce the commercial ACL for that following year by the amount of the commercial ACL overage in the prior fishing year.
          (2) Recreational sector. (i) If recreational landings for the deep-water complex, as estimated by the SRD, are projected to reach the recreational ACL of 38,644 lb (17,529 kg), round weight, the AA will file a notification with the Office of the Federal Register to close the recreational sector for the remainder of the fishing year, unless the RA determines that no closure is necessary based on the best scientific information available. On and after the effective date of such a notification, the bag and possession limit is zero.
          (ii) If recreational landings for the deep-water complex, exceed the applicable recreational ACL, and the combined commercial and recreational ACL (total ACL) specified in paragraph (h)(3) of this section is exceeded, and at least one of the species in the deep-water complex is overfished, based on the most recent Status of U.S. Fisheries Report to Congress, the AA will file a notification with the Office of the Federal Register, to reduce the length of the recreational fishing season in the following fishing year to ensure recreational landings do not exceed the recreational ACL the following fishing year. When NMFS reduces the length of the following recreational fishing season and closes the recreational sector, the following closure provisions apply: The bag and possession limits for the deep-water complex in or from the South Atlantic EEZ is zero. Additionally, the recreational ACL will be reduced by the amount of the recreational ACL overage in the prior fishing year. The fishing season and recreational ACL will not be reduced if the RA determines, using the best scientific information available that no reduction is necessary.
          (3) The combined commercial and recreational sector ACL (total ACL) is 170,278 lb (77,237 kg), round weight.

          (z) Blueline tilefish—(1) Commercial sector. (i) If commercial landings for blueline tilefish, as estimated by the SRD, reach or are projected to reach the applicable ACL in paragraph (z)(1)(iii) of this section, the AA will file a notification with the Office of the Federal Register to close the commercial sector for the remainder of the fishing year. On and after the effective date of such a notification, all sale or purchase of blueline tilefish is prohibited and harvest or possession of this species in or from the South Atlantic EEZ is limited to the bag and possession limit. This bag and possession limit applies in the South Atlantic on board a vessel for which a valid Federal commercial or charter vessel/headboat permit for South Atlantic snapper-grouper has been issued, without regard to where such species were harvested, i.e., in state or Federal waters.
          (ii) If commercial landings exceed the ACL, and the combined commercial and recreational ACL (total ACL) specified in paragraph (z)(3) of this section is exceeded, and blueline tilefish are overfished, based on the most recent Status of U.S. Fisheries Report to Congress, the AA will file a notification with the Office of the Federal Register, at or near the beginning of the following fishing year to reduce the commercial ACL for that following year by the amount of the commercial ACL overage in the prior fishing year.
          (iii) The applicable commercial ACLs, in round weight, are 17,841 lb (8,093 kg) for 2015, 26,766 lb (12,141 kg) for 2016, 35,785 lb (16,232 kg) for 2017, and 44,048 lb (19,980 kg) for 2018 and subsequent fishing years. The commercial ACL will not increase automatically in a subsequent fishing year if landings exceed or are projected to exceed the total ACL in the prior fishing year, as specified in paragraph (z)(3) of this section.
          (2) Recreational sector. (i) If recreational landings for blueline tilefish, as estimated by the SRD, are projected to reach the applicable ACL in paragraph (z)(2)(iii) of this section, the AA will file a notification with the Office of the Federal Register to close the recreational sector for the remainder of the fishing year, unless the RA determines that no closure is necessary based on the best scientific information available. On and after the effective date of such a notification, the bag and possession limit is zero.
          (ii) If recreational landings for blueline tilefish, exceed the applicable recreational ACL, and the combined commercial and recreational ACL (total ACL) specified in paragraph (z)(3) of this section, is exceeded, and blueline tilefish is overfished, based on the most recent Status of U.S. Fisheries Report to Congress, the AA will file a notification with the Office of the Federal Register, to reduce the length of the recreational fishing season in the following fishing year to ensure recreational landings do not exceed the recreational ACL the following fishing year. When NMFS reduces the length of the following recreational fishing season and closes the recreational sector, the following closure provisions apply: the bag and possession limit for blueline tilefish in or from the South Atlantic EEZ is zero. Additionally, the recreational ACL will be reduced by the amount of the recreational ACL overage in the prior fishing year. The fishing season and recreational ACL will not be reduced if the RA determines, using the best scientific information available that no reduction is necessary.
          (iii) The applicable recreational ACLs, in round weight, are 17,791 lb (8,070 kg) for 2015, 26,691 lb (12,107 kg) for 2016, 35,685 lb (16,186 kg) for 2017, and 43,925 lb (19,924 kg) for 2018 and subsequent fishing years. The recreational ACL will not increase automatically in a subsequent fishing year if landings exceed or are projected to exceed the total ACL in the prior fishing year, as specified in paragraph (z)(3) of this section.
          (3) Without regard to overfished status, if the combined commercial and recreational ACL (total ACL), as estimated by the SRD, is exceeded in a fishing year, then during the following fishing year, an automatic increase will not be applied to the commercial and recreational ACLs. The RA will evaluate the landings data, using the best scientific information available, to determine whether or not an increase in the commercial and recreational ACLs will be applied. The applicable combined commercial and recreational sector ACLs (total ACLs), in round weight are 35,632 lb (16,162 kg) for 2015, 53,457 lb (24,248 kg) for 2016, 71,469 lb (32,418 kg) for 2017, and 87,974 lb (39,904 kg) for 2018 and subsequent fishing years.

      [FR Doc. 2015-00880 Filed 1-21-15; 8:45 am]
      BILLING CODE 3510-22-P


        DEPARTMENT OF COMMERCE
        National Oceanic and Atmospheric Administration
        50 CFR Part 648
        [Docket No. 051017270-5270-01; I.D. 093005B]
        RIN 0648-AT85
        Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Atlantic Surfclam and Ocean Quahog Fishery; Proposed 2006 and 2007 Fishing Quotas for Ocean Quahogs

          AGENCY:
          National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

          ACTION:
          Proposed rule; request for comments.

          SUMMARY:

          NMFS proposes quotas for the ocean quahog fishery for 2006 and 2007. Specifications for the Atlantic surfclam and Maine ocean quahog fishery, which remain unchanged from the multi-year quota specifications, are reprinted here for clarity. Regulations governing these fisheries require NMFS to publish the proposed specifications for the 2006 and 2007 fishing years and seek public comment on such proposed measures. The intent of this action is to propose allowable harvest levels of ocean quahogs from the Exclusive Economic Zone.

          DATES:
          Comments must be received no later than 5 p.m., eastern standard time, on December 1, 2005.

          ADDRESSES:

          Copies of supporting documents, including the Regulatory Impact Review (RIR) and Initial Regulatory Flexibility Analysis (IRFA) are available from Daniel Furlong, Executive Director, Mid-Atlantic Fishery Management Council, Room 2115, Federal Building, 300 South New Street, Dover, DE 19904-6790. A copy of the RIR/IRFA is accessible via the Internet at http://www.nero.noaa.gov/nero/regs/com.html.
          Written comments on the proposed specifications may be submitted by any of the following methods:
          • Mail: Patricia A. Kurkul, Regional Administrator, Northeast Region, NMFS, One Blackburn Drive, Gloucester, MA 01930-2298. Mark on the outside of the envelope, “Comments on Ocean Quahog Proposed Specifications.”
          • Fax: (978) 281-9135.
          • E-mail: 0648AT85@noaa.gov. Include in the subject line of the email the following document identifier: “Comments on Quahog Proposed Specifications.”
          • Federal e-Rulemaking Portal: http://www.regulations.gov.

          FOR FURTHER INFORMATION CONTACT:
          Brian R. Hooker, Fishery Policy Analyst, 978-281-9220.

        SUPPLEMENTARY INFORMATION:
        The Fishery Management Plan for the Atlantic Surfclam and Ocean Quahog Fisheries (FMP) requires that NMFS, in consultation with the Mid-Atlantic Fishery Management Council (Council), specify quotas for surfclams and ocean quahogs on a 3-year basis, with an annual review, from a range that represents the optimum yield (OY) for each fishery. It is the policy of the Council that the levels selected allow sustainable fishing to continue at that level for at least 10 years for surfclams and 30 years for ocean quahogs. In addition to this constraint, the Council policy also considers the economic impacts of the quotas. Regulations implementing Amendment 10 to the FMP (63 FR 27481, May 19, 1998) added Maine ocean quahogs (locally known as mahogany quahogs) to the management unit, and provided that a small artisanal fishery for ocean quahogs in the waters north of 43 50' N. lat. has an annual quota with an initial amount of 100,000 Maine bushels (bu) (35,240 hectoliters (hL)) within a range of 17,000 to 100,000 Maine bu (5,991 to 35,240 hL). As specified in Amendment 10, the Maine mahogany ocean quahog quota is allocated separately from the quota specified for the ocean quahog fishery. Regulations implementing Amendment 13 to the FMP (68 FR 69970, December 16, 2003) established the ability to set multi-year quotas. An evaluation, in the form of an annual quota recommendation paper, is conducted by the Council every year to determine if the multi-year quota specifications remains appropriate. The fishing quotas must be in compliance with overfishing definitions for each species. In proposing these quotas, the Council considered the available stock assessments, data reported by harvesters and processors, and other relevant information concerning exploitable biomass and spawning biomass, fishing mortality rates, stock recruitment, projected fishing effort and catches, and areas closed to fishing.

        In June 2005, the Council voted to recommend maintaining the 2005 quota of 5.333 million bu (284 million L) for the ocean quahog fishery for 2006 and 2007, which is a change from the existing specifications for these fishing years published in the Federal Register on January 12, 2005, (70 FR 2023). The Council recommended no change from the existing specifications for Atlantic surfclam and Maine ocean quahog for the 2006 and 2007 fishing years.
        The proposed quotas for the 2006-2007 ocean quahog fishery are shown in the table below. The quotas for the Atlantic surfclam and Maine ocean quahog are re-stated in this table for clarity. The 2005 harvest level for ocean quahogs is proposed to be maintained for 2006-2007. The Atlantic surfclam and ocean quahog quotas are specified in standard bu of 53.24 L per bu, while the Maine mahogany ocean quahog quota is specified in “Maine” bu of 35.24 L per bu. Because Maine ocean quahogs are the same species as ocean quahogs, both fisheries are assessed under the same ocean quahog overfishing definition. When the two quota amounts (ocean quahog and Maine ocean quahog) are added, the total allowable harvest is still lower than the level that would result in overfishing for the entire stock.

          PROPOSED 2006-2007 OCEAN QUAHOG1 QUOTAS AND RE-STATEMENT OF ATLANTIC SURFCLAM1 AND MAINE OCEAN QUAHOG QUOTAS

            2006
            bu
            hL
            2007
            bu
            hL

            Ocean Quahogs2

            5.333
            2.840
            5.333
            2.840

            Surfclams2

            3.400
            1.810
            3.400
            1.810

            Maine Ocean Quahogs3

            100,000
            35,240
            100,000
            35,240

            1Numerical values are in millions except for Maine ocean quahogs

            21 bu = 1.88 cubic ft. = 53.24 liters

            31 bu = 1.2445 cubic ft. = 35.24 liters

        Ocean Quahogs

        The proposed 2006-2007 quotas for ocean quahogs reflect a decrease from the current 2006-2007 specifications. The current regulations specify an increase in the 2005 ocean quahog quota from 5.333 million bu (284 million L) to 5.666 million bu (301.6 million L) in 2006 and 6.000 million bu (319.4 million L) in 2007. However, due to an unexpected surplus of ocean quahog product on the market, the planned increase in ocean quahog quota is no longer warranted. The assessment for ocean quahogs found that the current biomass is high, and the resource surveyed from southern New England to southern Virginia is not overfished and overfishing is not occurring. When there are market surpluses a quota allocation owner could simply choose not to fish their quota allocation, however this would leave a surplus of individual transferrable quota shares on the market. Many individuals participate in this fishery by leasing their excess quota shares on an annual basis. When harvests are reduced in response to market demand fishery participants that depend on income from leasing their quota incur a financial loss. National Standard 8 of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) requires that management measures should, to the extent practicable, minimize adverse economic impacts on fishing communities. This action would reduce the amount of quota shares on the market ensuring the sustained participation of individuals dependent on the annual lease of ocean quahog quota shares.
        Classification
        This action is authorized by 50 CFR part 648 and has been determined to be not significant for purposes of Executive Order 12866.
        Pursuant to 5 U.S.C. 603, an IRFA has been prepared, which describes the economic impacts that this proposed rule, if adopted, would have on small entities. A description of the reasons why this action is being considered, as well as the objectives of and legal basis for this proposed rule is found in the preamble to this document. There are no Federal rules that duplicate, overlap, or conflict with the proposed rule. This action proposes to reduce the 2006 and 2007 ocean quahog fishing quotas from those currently in place. This action was compared to four different quota alternatives for the 2006 and 2007 fishing years. The other quota alternatives included reducing the ocean quahog quota to the minimum quota allowable under the FMP (4.000 million bu (213 million L)) for 2006 and 2007; a slight decrease from the 2005 quota level to 5.000 million bu (266.18 million L) for 2006 and 2007; no action that would maintain the incremental quota increase for 2006 (5.666 million bu (301.6 million L)) and 2007 (6.000 million bu (319.4 million L)); and the maximum quota allowable under the FMP (6.000 million bu (319.4 million L)) for 2006 and 2007.
        Description and Estimate of the Number of Small Entities to Which this Proposed Rule Would Apply
        The Small Business Administration (SBA) defines a small commercial fishing entity as a firm with gross receipts not exceeding $3.5 million. In 2004, a total of 29 vessels reported harvesting surfclams and/or ocean quahogs from Federal waters under an Individual Transferable Quota (ITQ) system. Average 2004 gross income for ocean quahog harvesters was $789,748 per vessel. Each vessel in this analysis is treated as a single entity for purposes of size determination and impact assessment. All 29 commercial fishing entities would fall under the SBA size standard for small commercial fishing entities. Additionally, there is a total of 56 ocean quahog quota allocation owners as of August 22, 2005. An allocation owner may choose to fish or lease his or her quota allocation.
        Economic Impacts of this Proposed Action
        By foregoing the planned increase of ocean quahog quota shares on the market it is hoped that entities that depend on the sale or lease of quota shares will continue to be able to participate in the fishery. Leaving the quota at the 2005 harvest level of 5.333 million bu (284 million L) it is not expected to constrain the fishery. In fact, the total 2005 harvest is not expected to exceed 3.000 million bu (159.72 million L). As of September 15, 2005, only 2.1 million bu (111.80 million L), which is just over 40 percent of the available quota, was harvested with only three months left in the 12-month fishing year. By not increasing the quota, companies that have access to steady product demand may be required to lease or buy quota to fulfill their needs.
        Economic Impacts of Alternatives to the Proposed Action
        The Council analyzed four ocean quahog quota alternatives in addition to the preferred alternative. The alternatives are as follows: the preferred alternative of maintaining the 2005 quota level; an alternative with a 25-percent (1.333 million bu (71 million L)) decrease; an alternative with the 2004 status quo of 5.000 million bushels (266.18 million L); an alternative with a 6.2-percent (0.333 million bu (17.73 million L)) increase; and an alternative with an increase to the maximum allowable quota (6.000 million bu (319.4 million L)). The minimum allowable quota specified in the current OY range is 4.000 million bu (212.94 million L) of ocean quahogs. Adoption of a 4.000 million bu (212.94 million L) quota would represent a 25-percent decrease from the current quota. This alternative would take the most conservative approach to managing the fishery that is currently available to the Council, but would result in the fewest economic benefits available to the ocean quahog fishery because it would produce the fewest landings. The alternative to reduce the quota to 5.000 million bu (266.18 million L) would reduce the amount of available quota share and thus the overall quota to the 2004 level. This alternative is not preferred because the industry believes that a reduction in quota from 2005 would communicate shortages in supply or harvesting capacity to the market. The other alternatives all propose to increase the quota. These are not preferred as they would create a fishery-wide surplus of quota share that could prevent small fishing entities from leasing or selling their individual surplus quota share to other entities with access to a steady market. The Council concluded that while an increase is not warranted at this time they chose also to keep some flexibility in the quota so the industry would be able to react to an increase in product demand. However, the Council remains concerned that the industry does not currently have a market available to absorb a large increase in landings that quickly. Given this information, the Council and NMFS recommend maintaining the 2005 ocean quahog quota level for 2006 and 2007.
        Reporting and Recordkeeping Requirements
        This proposed rule would not impose any new reporting, recordkeeping, or other compliance requirements. Therefore, the costs of compliance would remain unchanged.

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

          Dated: October 26, 2005.
          John Oliver,
          Deputy Assistant Administrator for Operations, National Marine Fisheries Service.

      [FR Doc. 05-21772 Filed 10-31-05; 8:45 am]
      BILLING CODE 3510-22-S


        ENVIRONMENTAL PROTECTION AGENCY
        40 CFR Part 158
        [EPA-HQ-OPP-2018-0668; FRL-9984-47]
        RIN 2070-AK41
        Notification of Submission to the Secretaries of Agriculture and Health and Human Services; Pesticides; Technical Amendment to Data Requirements for Antimicrobial Pesticides

          AGENCY:
          Environmental Protection Agency (EPA).

          ACTION:
          Notification of submission to the Secretaries of Agriculture and Health and Human Services.

          SUMMARY:
          This document notifies the public as required by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) that the EPA Administrator has forwarded to the Secretary of the United States Department of Agriculture (USDA) and the Secretary of the United States Department of Health and Human Services (HHS) a draft regulatory document concerning Pesticides; Technical Amendment to Data Requirements for Antimicrobial Pesticides. The draft regulatory document is not available to the public until after it has been signed and made available by EPA.

          DATES:
          On October 29, 2018, the EPA Administrator forwarded to the Secretary of the United States Department of Agriculture (USDA) and the Secretary of the United States Department of Health and Human Services (HHS) a draft regulatory document concerning Pesticides; Technical Amendment to Data Requirements for Antimicrobial Pesticides.

          ADDRESSES:

          The docket for this action, identified by docket identification (ID) number EPA-HQ-OPP-2018-0668, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory Public Docket (OPP Docket) in the Environmental Protection Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg. Rm. 3334, 1301 Constitution Ave. NW, Washington, DC 20460-0001. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566-1744, and the telephone number for the OPP Docket is (703) 305-5805. Please review the visitor instructions and additional information about the docket available at http://www.epa.gov/dockets.

          FOR FURTHER INFORMATION CONTACT:

          Cameo Smoot, Field and External Affairs Division (7506P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington DC 20460-0001; telephone number: (703) 305-5454; email address: smoot.cameo@epa.gov.

        SUPPLEMENTARY INFORMATION:
        I. What action is EPA taking?

        Section 25(a)(2)(B) of FIFRA requires the EPA Administrator to provide the Secretary of USDA with a copy of any draft final rule at least 30 days before signing it in final form for publication in the Federal Register. Similarly, FIFRA section 21(b) requires the EPA Administrator to provide the Secretary of HHS with a copy of any draft final rule pertaining to a public health pesticide at least 30 days before publishing it in the Federal Register. The draft final rule is not available to the public until after it has been signed by EPA. If either Secretary comments in writing regarding the draft final rule within 15 days after receiving it, the EPA Administrator shall include the comments of the Secretary, if requested by the Secretary, and the EPA Administrator's response to those comments with the final rule that publishes in the Federal Register. If either Secretary does not comment in writing within 15 days after receiving the draft final rule, the EPA Administrator may sign the final rule for publication in the Federal Register any time after the 15-day period.
        II. Do any statutory and executive order reviews apply to this notification?
        No. This document is merely a notification of submission to the Secretaries of USDA and HHS. As such, none of the regulatory assessment requirements apply to this document.

          List of Subjects in Part 40 CFR 158
          Environmental protection, Administrative practice and procedure, Pesticides and pests, Reporting and recordkeeping requirements.

          Dated: October 25, 2018.
          Richard P. Keigwin, Jr.,
          Director, Office of Pesticide Programs.

      [FR Doc. 2018-25554 Filed 11-23-18; 8:45 am]
      BILLING CODE 6560-50-P


        DEPARTMENT OF COMMERCE
        National Oceanic and Atmospheric Administration
        50 CFR Part 648
        [Docket No. 060712190-6190-01; I.D. 070606B]
        RIN 0648-AU55
        Fisheries of the Northeastern United States; Atlantic Hagfish Fishery; Reaffirmation of Control Date

          AGENCY:
           National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

          ACTION:
           Advance notice of proposed rulemaking (ANPR); reaffirmation of a control date for the Atlantic hagfish fishery; request for comments.

          SUMMARY:
           NMFS announces consideration of proposed rulemaking to control future access to the Atlantic hagfish fishery. The New England Fishery Management Council (Council) has indicated that limiting access to the hagfish fishery may be necessary to control participation in the fishery at a level that reduces capitalization and constrains fishing to sustainable levels, while ensuring that the fishery does not become overfished, as defined by the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).

          DATES:
           Written comments must be received by 5 p.m., local time, August 28, 2006.

          ADDRESSES:
           You may submit comments by any of the following methods:
          • Mail: Paul J. Howard, Executive Director, New England Fishery Management Council, 50 Water Street, Mill 2, Newburyport, MA 01950. Mark the outside of the envelope, “Comments on Reaffirmation of Atlantic Hagfish Control Date.”
          • Facsimile (fax): (978) 465-3116.
          • Email: HagfishControlDate@noaa.gov. Include in the subject line of the e-mail comment the following document identifier: “Comments-Hagfish Control Date.”
          • Federal e-Rulemaking portal http://www.regulations.gov.

          FOR FURTHER INFORMATION CONTACT:
           Bonnie Van Pelt, Fishery Policy Analyst, 978-281-9244; fax 978-281-9135.

        SUPPLEMENTARY INFORMATION:
        The Atlantic hagfish (Myxine glutinosa) fishery in New England was developed in the early 1990s, with the first reported landings of around 1 million lb (454 mt) in 1993. Korean buyers quickly recognized that a fishery in the New England area could provide the high-quality hagfish skins used in making leather, as well as hagfish meat for human consumption. Reported hagfish landings in New England quadrupled during the first 4 years of the fishery (1993-1996), exceeding the highest reported landings in other North American hagfish fisheries (including British Columbia, Oregon, Washington, California, and Nova Scotia) by 1994.

        Since there is currently no management program for this fishery, and consequently no permitting or reporting requirements, there is considerable uncertainty regarding the actual level of hagfish landings. Moreover, the level of discards and discard mortality of hagfish culled at sea or rejected by the dealer or processor in port is unknown. In 2003, a working group comprised of scientists, fishery analysts, fishermen, and administrators met to review biological and fishery information for hagfish. The group identified important information gaps, as well as a number of potential approaches to acquiring the data needed to fill them. Hagfish have been collected in limited numbers throughout the 40 years of the Northeast Fisheries Science Center (NEFSC) groundfish trawl survey. These NEFSC surveys provide the best available stock abundance information, but none of the surveys cover the entire range of hagfish habitat, which extends from depths of 25 m to greater than 1,000 m. The results of this working group effort were reviewed by the 37th Northeast Regional Stock Assessment Workshop (37th SAW), and the Stock Assessment Review Committee's Consensus Summary can be found at: http://www.nefsc.noaa.gov/nefsc/publications/crd/crd0316/index.htm.
        The Council initially considered limiting entry into the hagfish fishery by establishing August 28, 2002 (67 FR 55191), as the date for determining eligibility criteria (i.e., a control date). In a letter dated June 21, 2006, the Council requested that NMFS publish an ANPR to reaffirm the August 28, 2002, hagfish control date and to notify the public of the potential development of a limited access program for hagfish. This reaffirmation of the control date is to inform interested parties of potential limitations on future access, commonly referred to as limited access, and to discourage speculative entry into the hagfish fishery while the Council considers how access to the fishery can and should be controlled during the proposed development of the Atlantic Hagfish Fishery Management Plan (FMP). By this notification, NMFS reaffirms, on behalf of the Council, that August 28, 2002, may be used as the “control date” to establish eligibility criteria for determining future levels of access to the hagfish fishery. Fishermen who have not participated in the hagfish fishery or who change their level of participation in this fishery are notified that entering this fishery or changing their level of participation after August 28, 2002, may not qualify them as previous participants, should such a criterion be the basis for future access to the hagfish resource. This notification also gives the public notice that interested participants should locate and save records that substantiate their participation in the hagfish fishery in Federal waters. Fishermen are not guaranteed future participation in the fishery, regardless of their entry dates or intensity of participation in this fishery before or after the control date. In addition, the Council and NMFS may choose to give variably weighted consideration to participants active in the fishery before and after the control date. In order to be approved and implemented, any measures proposed by the Council to limit entry into the hagfish fishery must be found consistent with the requirements of the Magnuson-Stevens Act and other applicable law. The public will have the opportunity to comment on the measures and alternatives being considered for inclusion to the FMP by the Council. Various forums exist to allow opportunities for input, including public meetings and public comment periods as required by the National Environmental Policy Act and the Magnuson-Stevens Act, and as provided for by the Administrative Procedure Act.
        Classification
        This ANPR has been determined to be not significant for purposes of Executive Order 12866.

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

          Dated: July 25, 2006.
          John Oliver,
          Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.

      [FR Doc. E6-12128 Filed 7-27-06; 8:45 am]
      BILLING CODE 3510-22-S


        DEPARTMENT OF ENERGY
        48 CFR Parts 928, 931, 932, 933, 935, 936, 937, 941, 942, 949, 950, 951, and 952
        RIN 1991-AB88
        Acquisition Regulation: Subchapter E—General Contracting Requirements, Subchapter F—Special Categories of Contracting, and Subchapter G—Contract Management

          AGENCY:
          Department of Energy.

          ACTION:
          Notice of proposed rulemaking.

          SUMMARY:
          The Department of Energy (DOE) is proposing to amend the Department of Energy Acquisition Regulation (DEAR) Subchapters E—General Contracting Requirements, F—Special Categories of Contracting, and G—Contract Management to make changes to conform to the FAR, remove out-of-date coverage, and to update references. DOE will separately propose rules for changes to parts 927 and 945, respectively. Today's proposed rule does not alter substantive rights or obligations under current law.

          DATES:
          Written comments on the proposed rulemaking must be received on or before close of business February 8, 2010.

          ADDRESSES:
          This proposed rule is available and you may submit comments, identified by DEAR: Subchapters E, F, and G and RIN 1991-AB88, by any of the following methods:
          • Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.
          • E-mail to: DEARrulemaking@hq.doe.gov. Include: DEAR: Subchapters E, F and G and RIN 1991-AB88 in the subject line of the message.
          • Mail to: U.S. Department of Energy, Office of Procurement and Assistance Management, MA-611, 1000 Independence Avenue, SW., Washington, DC 20585. Comments by e-mail are encouraged.

          FOR FURTHER INFORMATION CONTACT:
          Barbara Binney at (202) 287-1340 or by e-mail, barbara.binney@hq.doe.gov.

        SUPPLEMENTARY INFORMATION:

          I. Background
          II. Section-by-Section Analysis
          III. Procedural Requirements
          A. Review Under Executive Order 12866
          B. Review Under Executive Order 12988
          C. Review Under the Regulatory Flexibility Act
          D. Review Under the Paperwork Reduction Act
          E. Review Under the National Environmental Policy Act
          F. Review Under Executive Order 13132
          G. Review Under the Unfunded Mandates Reform Act of 1995
          H. Review Under the Treasury and General Government Appropriations Act, 1999
          I. Review Under Executive Order 13211
          J. Review Under the Treasury and General Government Appropriations Act, 2001
          K. Approval by the Office of the Secretary of Energy

        I. Background
        The objective of this action is to update the existing Department of Energy Acquisition Regulation (DEAR). Subchapters E, F, and G have sections that need to be updated to conform to the FAR. None of the proposed changes are substantive or of a nature to cause any significant expense for DOE or its contractors.
        II. Section-by-Section Analysis
        Changes are proposed to DEAR parts 928, 931, 932, 933, 935, 936, 937, 941, 942, 949, 950, 951, and 952. No changes are proposed for DEAR parts 927, 929, 930, 934, 938, 939, 940, 943, 944, 945, 946, 947, and 948.
        DOE proposes to amend the DEAR as follows:
        1. Section 932.501-2 is amended in paragraph (a)(3) to reflect current procedures to state that all requests for unusual progress payments shall be sent to the DOE or the NNSA Senior Procurement Executive to approve or deny.
        2. Subpart 932.6 is amended to update the DEAR to conform with FAR subpart 32.6 which was revised by Federal Acquisition Circular 2005-027 effective October 18, 2008.

        3. Section 935.010 is amended by revising paragraphs (c) and (d). The report process has been changed to an electronic submission using the DOE Energy Link System (E-Link) at http://www.osti.gov/elink. The contracting officer shall require the contractors to use E-Link to submit an announcement record with each report.
        4. Part 936 redesignates 936.202 to 936.202-70.
        5. Part 937 is revised to add a new subpart, Subpart 937.2—Advisory and Assistance Services and section 937.204 Guidelines for determining availability of personnel. Sections 937.204(a), (b), (d) and (e) are added to conform to FAR 37.204 to provide the DOE guidelines for determining availability of sufficient personnel with the requisite training and capabilities to perform the evaluation or analysis of proposals. It also clarifies the DOE officials responsible for making the determinations prescribed at FAR 37.204 (a), (b), (d) and (e).
        6. Section 941.201-70 is amended to update the DOE Order reference by removing the remainder of the sentence after the second “FAR” and adding in its place “part 41 and the Department of Energy (DOE) Order 430.2B, Departmental Energy, Renewable Energy and Transportation Management, or its successor.”
        7. Section 942.803 is amended at paragraph (c) by removing “as discussed in 942.70 Audit Services” which is no longer a subpart.
        8. Section 949.101 is revised to add “Senior” before “Procurement Executive.” to conform the use of the Procurement Executive title with the FAR.
        9. Subpart 949.5 is removed and reserved. There is no longer a need for a DEAR termination clause for Architect-Engineer contracts.
        10. Section 951.102 paragraph (e)(4) is amended to remove the “(iii)” in the paragraph numbering.
        11. Section 952.247-70 is amended to remove repetitive language.

        12. The rule text is amended as noted in the table at paragraph 16, by removing “FAR” or “FAR part” and adding “48 CFR” or “48 CFR part” or by updating other CFR citations. Section 931.205-47(h)(1) is amended by changing the capitalization of the word “part” in two places. Section 952 has several changes in punctuation at 952.235-71 and 952.250-70.
        III. Procedural Requirements
        A. Review Under Executive Order 12866
        Today's regulatory action has been determined not to be a “significant regulatory action” under Executive Order 12866, “Regulatory Planning and Review,” (58 FR 51735, October 4, 1993). Accordingly, this rule is not subject to review under that Executive Order by the Office of Information and Regulatory Affairs (OIRA) of the Office of Management and Budget (OMB).
        B. Review Under Executive Order 12988
        With respect to the review of existing regulations and the promulgation of new regulations, section 3(a) of Executive Order 12988, “Civil Justice Reform,” 61 FR 4729 (February 7, 1996), imposes on Executive agencies the general duty to adhere to the following requirements: (1) Eliminate drafting errors and ambiguity; (2) write regulations to minimize litigation; and (3) provide a clear legal standard for affected conduct rather than a general standard and promote simplification and burden reduction. With regard to the review required by section 3(a), section 3(b) of Executive Order 12988 specifically requires that Executive agencies make every reasonable effort to ensure that the regulation: (1) Clearly specifies the preemptive effect, if any; (2) clearly specifies any effect on existing Federal law or regulation; (3) provides a clear legal standard for affected conduct while promoting simplification and burden reduction; (4) specifies the retroactive effect, if any; (5) adequately defines key terms; and (6) addresses other important issues affecting clarity and general draftsmanship under any guidelines issued by the United States Attorney General. Section 3(c) of Executive Order 12988 requires Executive agencies to review regulations in light of applicable standards in section 3(a) and section 3(b) to determine whether they are met or if it is unreasonable to meet one or more of them. DOE has completed the required review and determined that, to the extent permitted by law, this rule meets the relevant standards of Executive Order 12988.
        C. Review Under the Regulatory Flexibility Act
        The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires that an agency prepare an initial regulatory flexibility analysis for any regulation for which a general notice or proposed rulemaking is required, unless the agency certifies that the rule, if promulgated, will not have a significant economic impact on a substantial number of small entities (5 U.S.C. 605(b)). This rule updates references in the DEAR that apply to public contracts and does not impose any additional requirements on small businesses. Today's proposed rule does not alter any substantive rights or obligations and, consequently, today's proposed rule will not have a significant cost or administrative impact on contractors, including small entities. On the basis of the foregoing, DOE certifies that this proposed rule would not have a significant economic impact on a substantial number of small entities. Accordingly, DOE has not prepared a regulatory flexibility analysis for this rulemaking. DOE's certification and supporting statement of factual basis will be provided to the Chief Counsel for Advocacy of the Small Business Administration pursuant to 5 U.S.C. 605(b).
        D. Review Under the Paperwork Reduction Act

        This proposed rule does not impose a collection of information requirement subject to the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. Existing burdens associated with the collection of certain contractor data under the DEAR have been cleared under OMB control number 1910-4100.
        E. Review Under the National Environmental Policy Act

        DOE has concluded that promulgation of this proposed rule falls into a class of actions which would not individually or cumulatively have significant impact on the human environment, as determined by DOE's regulations (10 CFR part 1021, subpart D) implementing the National Environmental Policy Act (NEPA) of 1969 (42 U.S.C. 4321 et seq.). Specifically, this proposed rule is categorically excluded from NEPA review because the amendments to the DEAR are strictly procedural (categorical exclusion A6). Therefore, this proposed rule does not require an environmental impact statement or environmental assessment pursuant to NEPA.
        F. Review Under Executive Order 13132
        Executive Order 13132, 64 FR 43255 (August 4, 1999), imposes certain requirements on agencies formulating and implementing policies or regulations that preempt State law or that have federalism implications. Agencies are required to examine the constitutional and statutory authority supporting any action that would limit the policymaking discretion of the States and carefully assess the necessity for such actions. The Executive Order requires agencies to have an accountability process to ensure meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications. On March 14, 2000, DOE published a statement of policy describing the intergovernmental consultation process it will follow in the development of such regulations (65 FR 13735). DOE has examined the proposed rule and has determined that it does not preempt State law and does not have a substantial direct effect 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. No further action is required by Executive Order 13132.
        G. Review Under the Unfunded Mandates Reform Act of 1995
        The Unfunded Mandates Reform Act of 1995 (Pub. L. 104─4) generally requires a Federal agency to perform a written assessment of costs and benefits of any rule imposing a Federal mandate with costs to State, local or tribal governments, or to the private sector, of $100 million or more. This rulemaking proposes changes that do not alter any substantive rights or obligations. This proposed rule does not impose any mandates.
        H. Review Under the Treasury and General Government Appropriations Act, 1999
        Section 654 of the Treasury and General Government Appropriations Act, 1999 (Pub. L. 105-277), requires Federal agencies to issue a Family Policymaking Assessment for any rulemaking or policy that may affect family well-being. This rulemaking will have no impact on the autonomy or integrity of the family as an institution. Accordingly, DOE has concluded that it is not necessary to prepare a Family Policymaking Assessment.
        I. Review Under Executive Order 13211

        Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use, 66 FR 28355, (May 22, 2001), requires Federal agencies to prepare and submit to Office of Information and Regulatory Affairs of the Office of Management and Budget, a Statement of Energy Effects for any proposed significant energy action. A “significant energy action” is defined as any action by an agency that promulgates or is expected to lead to promulgation of a final rule, and that: (1) Is a significant regulatory action under Executive Order 12866, or any successor order; (2) is likely to have a significant adverse effect on the supply, distribution, or use of energy, or (3) is designated by the Administrator of OIRA as a significant energy action. For any proposed significant energy action, the agency must give a detailed statement of any adverse effects on energy supply, distribution, or use should the proposal be implemented, and of reasonable alternatives to the action and their expected benefits on energy supply, distribution, and use. Today's proposed rule is not a significant energy action. Accordingly, DOE has not prepared a Statement of Energy Effects.
        J. Review Under the Treasury and General Government Appropriations Act, 2001
        The Treasury and General Government Appropriations Act, 2001 (44 U.S.C. 3516, note) provides for agencies to review most disseminations of information to the public under guidelines established by each agency pursuant to general guidelines issued by OMB. OMB's guidelines were published at 67 FR 8452 (February 22, 2002), and DOE's guidelines were published at 67 FR 62446 (October 7, 2002). DOE has reviewed the proposed rule under the OMB and DOE guidelines and has concluded that it is consistent with applicable policies in those guidelines.
        K. Approval by the Office of the Secretary of Energy
        Issuance of this proposed rule has been approved by the Office of the Secretary.

          List of Subjects in 48 CFR Parts 928, 931, 932, 933, 935, 936, 937, 941, 942, 949, 950, 951, and 952
          Government procurement.

          Issued in Washington, DC, on December 16, 2009.
          Edward R. Simpson,
          Director, Office of Procurement and Assistance Management, Department of Energy.
          David O. Boyd,
          Director, Office of Acquisition and Supply Management, National Nuclear Security Administration.

        For the reasons set out in the preamble, the Department of Energy is proposing to amend Chapter 9 of Title 48 of the Code of Federal Regulations as set forth below.
        1. The authority citations for parts 928, 931, 932, 933, 935, 936, 941, 942, and 951 continue to read as follows:

          Authority:
          42 U.S.C. 7101 et seq. and 50 U.S.C. 2401 et seq.

          PART 932—CONTRACT FINANCING
          2. Section 932.501-2 is amended by revising paragraph (a)(3) to read as follows:

            935.501-2
            Unusual progress payments.
            (a)(3) For DOE, the Head of the Contracting Activity shall forward all requests which are considered favorable, with supporting information, to the DOE Senior Procurement Executive, who, after coordination with the Chief Financial Officer, Headquarters, will approve or deny the request. For NNSA, the NNSA Senior Procurement Executive will coordinate with the NNSA Chief Financial Officer before approving or denying the request.

            932.605
            [Redesignated as 932.602]
            3. Section 932.605 is redesignated as 932.602 and newly redesignated 932.602 is amended by:
            a. Revising the section heading as set forth below; and
            b. Removing the paragraph designation “(b)”.
            The revision reads as follows:

            932.602
            Responsibilities.

          PART 935—RESEARCH AND DEVELOPMENT CONTRACTING
          4. Revise section 935.010 to read as follows:

            935.010
            Scientific and technical reports.

            (c) All research and development contracts which require reporting of research and development results conveyed in scientific and technical information (STI) shall include an instruction requiring the contractor to submit all STI, including reports and notices relating thereto, electronically to the U.S. Department of Energy (DOE), Office of Scientific and Technical Information (OSTI), using the DOE Energy Link System (E-link) at http://www.osti.gov/elink. The phrase “reports and notices relating thereto” does not include reports or notices concerning administrative matters such as contract cost or financial data and information. The DOE Order 241.1B Scientific and Technical Information Management, or its successor version, sets forth requirements for STI management.
            (d) As prescribed in DOE Order 241.1B, the contracting officer shall ensure that the requirements of the attendant Contractor Requirements Document are included in applicable contracts.

          PART 936—CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS

            936.202
            [Redesignated as 936.202-70]
            5. Section 936.202 is redesignated as 936.202-70 and the section heading is revised to read as follows:

            936.202-70
            Specifications charges.

            6. The authority citations for parts 937 and 949 are revised to read as follows:

              Authority:
              42 U.S.C. 7101 et seq. and 50 U.S.C. 2401 et seq.

          PART 937—SERVICE CONTRACTING
          7. Add a new subpart 937.2, consisting of section 937.204, to read as follows:

            Subpart 937.2—Advisory and Assistance Services

              937.204
              Guidelines for determining availability of personnel.
              (a) The determination, that there is sufficient DOE personnel with the requisite training and capabilities for each evaluation or analysis of proposals, shall be determined in accordance with 915.207-70(f)(2)(i).
              (b) If it is determined that there is no such DOE personnel available, then other Federal agencies may have the required personnel with the requisite training and capabilities for the evaluation or the analysis of proposals. The determination, to use employees of other Federal agencies for the evaluation or analysis of proposals, shall be in accordance with 915.207-70(f)(2)(ii).
              (d) The determination, to employ non-Federal evaluators or advisors, shall be determined in accordance with 915.207-70(f)(3).
              (e) The determination that covered personnel are unavailable for a class of proposals, necessitating employment of non-Federal evaluators or advisors, shall be determined in accordance with 915.207-70(f)(3).

          PART 941—ACQUISITION OF UTILITY SERVICES
          8. Section 941.201-70 is revised to read as follows:

            941.201-70
            DOE Directives.
            Utility services (defined at 48 CFR 41.101) shall be acquired in accordance with 48 CFR part 41 and the Department of Energy (DOE) Order 430.2B, Departmental Energy, Renewable Energy and Transportation Management, or its successor.

          PART 942—CONTRACT ADMINISTRATION

            942.803
            [Amended]
            9. Amend section 942.803 by revising paragraph (c)(1) in the last sentence by removing the phrase “, as discussed in 942.70 Audit Services”.

          PART 949—TERMINATION OF CONTRACTS

            949.101
            [Amended]
            10. Section 949.101 is amended by adding “Senior” before “Procurement Executive”.

            Subpart 949.5 [Removed and Reserved]

          11. Subpart 949.5 is removed and reserved.

          PART 950—EXTRAORDINARY CONTRACTUAL ACTIONS AND THE SAFETY ACT
          12. The authority citation for part 950 continues to read as follows:

            Authority:
             42 U.S.C. 2201; 2282a; 2282b; 2282c; 42 U.S.C. 7101 et seq.; 50 U.S.C. 2401 et seq.

          PART 951—USE OF GOVERNMENT SOURCES BY CONTRACTORS

            951.102
            [Amended]
            13. Section 951.102 is amended by revising the paragraph designation “(e)(4)(iii)” to read “(e)(4)”.

          PART 952—SOLICITATION PROVISIONS AND CONTRACT CLAUSES
          14. The authority citation for part 952 is revised to read as follows:

            Authority:
             42 U.S.C. 2201; 2282a; 2282b; 2282c; 42 U.S.C. 7101 et seq.; 50 U.S.C. 2401 et seq.

          15. Section 952.247-70 is amended by:
          a. Revising the date of the clause to read as set forth below; and
          b. Removing “or its successor Official Foreign Travel, or any subsequent version of the order” in the clause and adding in its place “Official Foreign Travel, or its successor”. The revision reads as follows:

            952.247-70
            Foreign travel.

            FOREIGN TRAVEL (XXX 20XX) [INSERT ABBREVIATED MONTH AND YEAR 30 DAYS AFTER DATE OF FINAL RULE PUBLICATION]

          PARTS 928, 931, 932, 933, 936, 937, 941, 942, 950, 951, AND 952 [AMENDED]
          16. In the table below, for each section indicated in the left column, remove the word indicated in the middle column from where it appears in the section, and add the word in the right column:

              Section
              Remove
              Add

              928.101-1
              “FAR”
              “48 CFR”

              928.301
              “FAR Part”
              “48 CFR part”

              931.102 in 2 places
              “FAR”
              “48 CFR”

              931.102
              “FAR Part 31”
              “48 CFR part 31”

              931.205-32(a)
              “FAR”
              “48 CFR”

              931.205-47(h)(1), in the Employee whistleblower action definition
              “29 CFR Part 24,”
              “29 CFR part 24,”

              931.205-47(h)(1), in the Employee whistleblower action definition
              “10 CFR Part 708”
              “10 CFR part 708”

              932.006-4(a)
              “FAR”
              “48 CFR”

              932.803(d)
              “FAR”
              “48 CFR”

              932.7004-1 in 3 places
              “FAR”
              “48 CFR”

              932.7004-3(a)
              “FAR”
              “48 CFR”

              933.103(k)
              “FAR”
              “48 CFR”

              933.104(b)
              “FAR”
              “48 CFR”

              933.104(c)
              “FAR”
              “48 CFR”

              933.104(g)
              “FAR”
              “48 CFR”

              933.106(a)
              “FAR”
              “48 CFR”

              936.602-10(a)(8)
              “FAR”
              “48 CFR”

              936.609-3
              “FAR”
              “48 CFR”

              936.7100
              “FAR Part”
              “48 CFR part”

              937.7040
              “FAR”
              “48 CFR”

              942.704(b) in 2 places
              “FAR”
              “48 CFR”

              942.705-1(b)(1)
              “FAR”
              “48 CFR”

              950.7003(a) in the first sentence
              “(DOE)”
              “DOE”

              951.102(a)
              “FAR Part”
              “48 CFR part”

              951.102(a)
              “DOE PMR 41 CFR 109-26”
              “DOE PMR 41 CFR 109”

              952.233-2 in the introductory text
              “FAR”
              “48 CFR”

              952.233-4(a)
              “FAR”
              “48 CFR”

              952.233-4(b)
              “FAR”
              “48 CFR”

              952.235-71(b)(1)
              “warranted;”
              “warranted.”

              952.250-70(e)(2)
              “which:”
              “which—”

      [FR Doc. 2010-11 Filed 1-6-10; 8:45 am]
      BILLING CODE 6450-01-P