Atlantic Highly Migratory Species; Atlantic Shark Management Measures; Amendment 2 to the Consolidated Highly Migratory Species Fishery Management Plan, 64186-64187 [E7-22377]
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64186
Federal Register / Vol. 72, No. 220 / Thursday, November 15, 2007 / Proposed Rules
The Councils are proposing to amend
FAR 31.205–6(o) to alleviate this
dilemma. This amendment would
provide the contractor an option of
measuring accrued PRB costs using
criteria based on IRC 419 rather than
FAS 106, thereby permitting the
contractor to fund the entire tax
deductible amount without having a
portion disallowed because it did not
meet the FAR’s current measurement
criteria. The Councils note that this
amendment will not change the total
measured PRB costs, i.e., the total
measured PRB costs over the life of the
PRB plan would be the same whether
the contractor chose to apply the criteria
in FAS 106 or IRC 419.
The Councils note that the proposed
rule may result in the Government
paying higher PRB costs, since under
the current rule some contractors may
have chosen to fund the IRC amount
rather than the full FAS amount in
current and future accounting periods.
Absent this proposed revision, the
resulting difference will be an
unallowable cost. However, the
Councils are unable to estimate the
specific cost impact because the number
of contractors who may choose to use
the proposed IRC 419 measurement
option is unknown. Moreover, the
Councils further note that there may be
a cost impact if the rule remains
unchanged. For example, in lieu of
funding the lower IRC amount,
contractors could decide to fund the full
FAS amount (and forego the tax benefit),
change from accrual to pay-as-you go
accounting, or terminate their PRB plans
rather than fund amounts that are not
tax deductible.
This is not a significant regulatory
action and, therefore, was not subject to
review under Section 6(b) of Executive
Order 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
B. Regulatory Flexibility Act
sroberts on PROD1PC70 with PROPOSALS
The Councils do not expect this
proposed rule to have a significant
economic impact on a substantial
number of small entities within the
meaning of the Regulatory Flexibility
Act, 5 U.S.C. 601, et seq., because most
small entities do not accrue PRB costs
for Government contract costing
purposes.
C. Paperwork Reduction Act
The Paperwork Reduction Act does
apply; however, these changes to the
FAR do not impose additional
information collection requirements to
the paperwork burden previously
VerDate Aug<31>2005
15:52 Nov 14, 2007
Jkt 214001
approved under OMB Control Number
9000–0013.
List of Subjects in 48 CFR Part 31
Government procurement.
restricted, so that they cannot be used
by the employer for other purposes; and
*
*
*
*
*
[FR Doc. 07–5669 Filed 11–14–07; 8:45 am]
BILLING CODE 6820–EP–S
Dated: October 24, 2007
Al Matera,
Director, Office of Acquisition Policy.
Therefore, DoD, GSA, and NASA
propose amending 48 CFR part 31 as set
forth below:
1. The authority citation for 48 CFR
part 31 continues to read as follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 137; and 42 U.S.C. 2473(c).
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Parts 600 and 635
RIN 0648–AU89
PART 31—CONTRACT COST
PRINCIPLES AND PROCEDURES
2. Amend section 31.205–6 by
revising paragraphs (o)(2)(iii)(A) and (B)
to read as follows:
Atlantic Highly Migratory Species;
Atlantic Shark Management Measures;
Amendment 2 to the Consolidated
Highly Migratory Species Fishery
Management Plan
AGENCY:
31.205–6 Compensation for personal
services.
*
*
*
*
*
(o) * * *
(2) * * *
(iii) * * *
(A) Measured and assigned in
accordance with—
(1) Generally accepted accounting
principles. However, the portion of PRB
costs attributable to the transition
obligation assigned to the current year
that is in excess of the amount
assignable under the delayed
recognition methodology described in
paragraphs 112 and 113 of Financial
Accounting Standards Board Statement
106 is unallowable. The transition
obligation is defined in Statement 106,
paragraph 110; or
(2) The costs shall—
(i) Be measured using reasonable
actuarial assumptions, which may
include a healthcare inflation
assumption;
(ii) Be assigned to accounting periods
on the basis of the average future
working lives of active employees
covered by the PRB plan or a 15 year
period, whichever period is longer; and
(iii) Exclude Federal income taxes,
whether incurred by the fund or the
contractor (including those taxes
associated with any increase in PRB
costs), unless the fund holding the plan
assets is tax-exempt under the
provisions of 26 U.S.C. 501(c);
(B) Paid to an insurer or trustee to
establish and maintain a fund or reserve
for the sole purpose of providing PRB to
retirees. The assets shall be segregated
in the trust, or otherwise effectively
PO 00000
Frm 00024
Fmt 4702
Sfmt 4702
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; reopening
comment period.
SUMMARY: NMFS is reopening the
comment period to provide additional
opportunity for public comment on the
draft Amendment 2 to the Consolidated
Highly Migratory Species (HMS) Fishery
Management Plan (FMP) and its July 27,
2007, proposed rule. More specifically,
NMFS is interested in receiving
comments on a modification to shark
dealer weigh-out slips that would
facilitate compliance with measures
proposed in the draft Amendment 2 to
the HMS FMP, which would require
fishermen to land sharks with all fins
naturally attached. Additionally, over
the course of the comment period,
NMFS has received suggestions on ways
to modify the proposed measures to
minimize impacts to fishermen. NMFS
is interested in receiving additional
comments regarding those suggestions.
Furthermore, as is required under the
current regulations and was proposed to
be maintained in the July 27, 2007,
proposed rule, any overharvests that
occur in the 2007 or 2008 commercial
shark fishery will be accounted for with
the implementation of final Amendment
2 to the Consolidated HMS FMP. Thus,
NMFS is reopening the comment period
for 30 days to gather further public
comment on these issues. The draft
Amendment 2 to the Consolidated HMS
FMP and its proposed rule also describe
a range of other management measures
that could impact fishermen and dealers
for HMS fisheries.
DATES: The public comment period for
receiving written comments on the July
27, 2007 (72 FR 41392), proposed rule
E:\FR\FM\15NOP1.SGM
15NOP1
sroberts on PROD1PC70 with PROPOSALS
Federal Register / Vol. 72, No. 220 / Thursday, November 15, 2007 / Proposed Rules
and the draft Amendment 2 to the
Consolidated HMS FMP is reopened.
Comments must be received by 5 p.m.
on December 17, 2007.
ADDRESSES: You may submit comments,
identified by 0648–AU89, by any one of
the following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal https://
www.regulations.gov
• Email to ShkA2@noaa.gov.
• Fax: 301–713–1917, Attn: Michael
Clark
• Mail: Attn: Michael Clark, HMS
Management Division (SF1), 1315 EastWest Highway, Silver Spring, MD
20910. Please mark the outside of the
envelope ‘‘Comment on Amendment 2.’’
Instructions: All comments received
are part of the public record and will
generally be posted to https://
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 in Microsoft
Word, Excel, WordPerfect, PowerPoint,
or Adobe PDF file formats only.
Copies of the draft Amendment 2 to
the Consolidated HMS FMP and other
relevant documents are available on the
HMS Management Division’s website at
www.nmfs.noaa.gov/sfa/hms or by
contacting the HMS Management
Division at 301–713–2347.
FOR FURTHER INFORMATION CONTACT: For
more information concerning the draft
Amendment 2 to the Consolidated HMS
FMP and its proposed rule, contact:
Michael Clark at 301–713–2347 or fax
301–713–1917; or Jackie Wilson at 240–
338–3936 or fax 404–806–9188.
SUPPLEMENTARY INFORMATION: The
Atlantic HMS fisheries are managed
under the dual authority of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) and the
Atlantic Tunas Convention Act (ATCA).
The Consolidated HMS FMP, finalized
in 2006, and amendments to that FMP
are implemented by regulations at 50
CFR part 635.
On July 27, 2007 (72 FR 41392),
NMFS published a proposed rule that
requested comments on the draft
Amendment 2 to the Consolidated HMS
FMP, and scheduled 10 public hearings
throughout August and September 2007
to receive comments from fishery
participants and other members of the
VerDate Aug<31>2005
15:52 Nov 14, 2007
Jkt 214001
public regarding the proposed rule and
draft Amendment 2 to the Consolidated
HMS FMP. On October 3, 2007 (72 FR
56330), the comment period was
extended from October 15, 2007, to
November 2, 2007.
At the October 2007 HMS Advisory
Panel (AP) meeting, AP members asked
a number of questions regarding the
proposed measures that would require
fishermen to land sharks with all fins
naturally attached. Specifically, AP
members asked how this requirement
would relate to the Shark Finning
Prohibition Act and its implementing
regulations. In order to provide
evidence that sharks were actually
landed with their fins attached, NMFS
is considering modifying shark dealer
weigh-out slips so that dealers can
document when they receive sharks
landed with fins naturally attached.
NMFS recently released a document
that discusses this issue entitled
‘‘Clarification of the Proposed Rule
Regarding Landing Sharks with the Fins
Attached and the Shark Finning
Prohibition Act,’’ which is available on
the HMS website (see ADDRESSES) and
was distributed to the HMS listserve.
Throughout the comment period,
NMFS has received thousands of
comments on the full range of analyzed
alternatives, including the status of the
stocks, proposed quotas, proposed shark
landing requirements, and the proposed
list of allowable shark species for
recreational anglers. NMFS has also
received suggestions on modifying the
proposed measures to minimize impacts
on fishermen. Specifically, one group of
commenters, including the Gulf of
Mexico Fishery Management Council
and the Atlantic States Marine Fisheries
Commission, suggest implementing two
regions (i.e., a Gulf of Mexico region and
an Atlantic region). In general, these
comments were made in light of the
blacktip shark status in the Gulf of
Mexico and the large overharvests in the
Gulf of Mexico during 2007. NMFS has
not fully analyzed the implications of
the two regions versus the proposed one
region or the status quo alternative of
three regions. Nonetheless, NMFS
welcomes additional comments on this
suggestion.
Finally, NMFS is clarifying that any
overharvests in 2007 or 2008 would be
accounted for in final measures
implementing Amendment 2 to the
Consolidated HMS FMP, consistent
with both the current and proposed
regulations. NMFS continues to accept
comments on any of the proposed
measures and on those measures that
comments were specifically requested,
including the proposed list of species
that recreational anglers would be
PO 00000
Frm 00025
Fmt 4702
Sfmt 4702
64187
allowed to land, the amount of time
proposed to provide notice of closures,
and the 80 percent trigger for closing
commercial shark fisheries.
In order to provide additional
opportunities for public comment,
NMFS is reopening the public comment
period on the proposed rule and draft
Amendment 2 to the Consolidated HMS
FMP until 5 p.m., December 17, 2007.
Authority: 5 U.S.C. 561 and 16 U.S.C. 1801
et seq.
Dated: November 9, 2007.
John Oliver,
Deputy Assistant Administrator for
Operations, National Marine Fisheries
Service.
[FR Doc. E7–22377 Filed 11–14–07; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No.070717342–7504–01]
RIN 0648–AV42
Magnuson-Stevens Fishery
Conservation and Management Act
Provisions; Fisheries of the
Northeastern United States; Atlantic
Surfclam and Ocean Quahog Fishery;
Proposed 2008–2010 Fishing Quotas
for Atlantic Surfclams and Ocean
Quahogs
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
SUMMARY: NMFS proposes quotas for the
Atlantic surfclam and ocean quahog
fisheries for 2008, 2009, and 2010.
Regulations governing these fisheries
require NMFS to publish the proposed
quota specifications for the 2008–2010
fishing years and seek public comment
on such proposed measures. The intent
of this action is to propose allowable
harvest levels of Atlantic surfclams and
ocean quahogs from the Exclusive
Economic Zone.
DATES: Comments must be received no
later than 5 p.m., eastern standard time,
on December 17, 2007.
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
E:\FR\FM\15NOP1.SGM
15NOP1
]]>Agencies
[Federal Register Volume 72, Number 220 (Thursday, November 15, 2007)]
[Proposed Rules]
[Pages 64186-64187]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-22377]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 600 and 635
RIN 0648-AU89
Atlantic Highly Migratory Species; Atlantic Shark Management
Measures; Amendment 2 to the Consolidated Highly Migratory Species
Fishery Management Plan
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; reopening comment period.
-----------------------------------------------------------------------
SUMMARY: NMFS is reopening the comment period to provide additional
opportunity for public comment on the draft Amendment 2 to the
Consolidated Highly Migratory Species (HMS) Fishery Management Plan
(FMP) and its July 27, 2007, proposed rule. More specifically, NMFS is
interested in receiving comments on a modification to shark dealer
weigh-out slips that would facilitate compliance with measures proposed
in the draft Amendment 2 to the HMS FMP, which would require fishermen
to land sharks with all fins naturally attached. Additionally, over the
course of the comment period, NMFS has received suggestions on ways to
modify the proposed measures to minimize impacts to fishermen. NMFS is
interested in receiving additional comments regarding those
suggestions. Furthermore, as is required under the current regulations
and was proposed to be maintained in the July 27, 2007, proposed rule,
any overharvests that occur in the 2007 or 2008 commercial shark
fishery will be accounted for with the implementation of final
Amendment 2 to the Consolidated HMS FMP. Thus, NMFS is reopening the
comment period for 30 days to gather further public comment on these
issues. The draft Amendment 2 to the Consolidated HMS FMP and its
proposed rule also describe a range of other management measures that
could impact fishermen and dealers for HMS fisheries.
DATES: The public comment period for receiving written comments on the
July 27, 2007 (72 FR 41392), proposed rule
[[Page 64187]]
and the draft Amendment 2 to the Consolidated HMS FMP is reopened.
Comments must be received by 5 p.m. on December 17, 2007.
ADDRESSES: You may submit comments, identified by 0648-AU89, by any one
of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal eRulemaking Portal https://www.regulations.gov
Email to ShkA2@noaa.gov.
Fax: 301-713-1917, Attn: Michael Clark
Mail: Attn: Michael Clark, HMS Management Division (SF1),
1315 East-West Highway, Silver Spring, MD 20910. Please mark the
outside of the envelope ``Comment on Amendment 2.''
Instructions: All comments received are part of the public record
and will generally be posted to https://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 in Microsoft Word, Excel, WordPerfect,
PowerPoint, or Adobe PDF file formats only.
Copies of the draft Amendment 2 to the Consolidated HMS FMP and
other relevant documents are available on the HMS Management Division's
website at www.nmfs.noaa.gov/sfa/hms or by contacting the HMS
Management Division at 301-713-2347.
FOR FURTHER INFORMATION CONTACT: For more information concerning the
draft Amendment 2 to the Consolidated HMS FMP and its proposed rule,
contact: Michael Clark at 301-713-2347 or fax 301-713-1917; or Jackie
Wilson at 240-338-3936 or fax 404-806-9188.
SUPPLEMENTARY INFORMATION: The Atlantic HMS fisheries are managed under
the dual authority of the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act) and the Atlantic Tunas Convention
Act (ATCA). The Consolidated HMS FMP, finalized in 2006, and amendments
to that FMP are implemented by regulations at 50 CFR part 635.
On July 27, 2007 (72 FR 41392), NMFS published a proposed rule that
requested comments on the draft Amendment 2 to the Consolidated HMS
FMP, and scheduled 10 public hearings throughout August and September
2007 to receive comments from fishery participants and other members of
the public regarding the proposed rule and draft Amendment 2 to the
Consolidated HMS FMP. On October 3, 2007 (72 FR 56330), the comment
period was extended from October 15, 2007, to November 2, 2007.
At the October 2007 HMS Advisory Panel (AP) meeting, AP members
asked a number of questions regarding the proposed measures that would
require fishermen to land sharks with all fins naturally attached.
Specifically, AP members asked how this requirement would relate to the
Shark Finning Prohibition Act and its implementing regulations. In
order to provide evidence that sharks were actually landed with their
fins attached, NMFS is considering modifying shark dealer weigh-out
slips so that dealers can document when they receive sharks landed with
fins naturally attached. NMFS recently released a document that
discusses this issue entitled ``Clarification of the Proposed Rule
Regarding Landing Sharks with the Fins Attached and the Shark Finning
Prohibition Act,'' which is available on the HMS website (see
ADDRESSES) and was distributed to the HMS listserve.
Throughout the comment period, NMFS has received thousands of
comments on the full range of analyzed alternatives, including the
status of the stocks, proposed quotas, proposed shark landing
requirements, and the proposed list of allowable shark species for
recreational anglers. NMFS has also received suggestions on modifying
the proposed measures to minimize impacts on fishermen. Specifically,
one group of commenters, including the Gulf of Mexico Fishery
Management Council and the Atlantic States Marine Fisheries Commission,
suggest implementing two regions (i.e., a Gulf of Mexico region and an
Atlantic region). In general, these comments were made in light of the
blacktip shark status in the Gulf of Mexico and the large overharvests
in the Gulf of Mexico during 2007. NMFS has not fully analyzed the
implications of the two regions versus the proposed one region or the
status quo alternative of three regions. Nonetheless, NMFS welcomes
additional comments on this suggestion.
Finally, NMFS is clarifying that any overharvests in 2007 or 2008
would be accounted for in final measures implementing Amendment 2 to
the Consolidated HMS FMP, consistent with both the current and proposed
regulations. NMFS continues to accept comments on any of the proposed
measures and on those measures that comments were specifically
requested, including the proposed list of species that recreational
anglers would be allowed to land, the amount of time proposed to
provide notice of closures, and the 80 percent trigger for closing
commercial shark fisheries.
In order to provide additional opportunities for public comment,
NMFS is reopening the public comment period on the proposed rule and
draft Amendment 2 to the Consolidated HMS FMP until 5 p.m., December
17, 2007.
Authority: 5 U.S.C. 561 and 16 U.S.C. 1801 et seq.
Dated: November 9, 2007.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine
Fisheries Service.
[FR Doc. E7-22377 Filed 11-14-07; 8:45 am]
BILLING CODE 3510-22-S
