Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2015 Commercial Accountability Measure and Closure for South Atlantic Snowy Grouper, 37180-37181 [2015-16017]

Download as PDF 37180 Federal Register / Vol. 80, No. 125 / Tuesday, June 30, 2015 / Rules and Regulations PART 1609—CONTRACTOR QUALIFICATIONS 1. The authority citation for part 1609 continues to read as follows: ■ Authority: 5 U.S.C. 8913; 40 U.S.C. 486(c); 48 CFR 1.301. Subpart 1609.71—[Removed] ■ 2. Remove subpart 1609.71. PART 1615—CONTRACTING BY NEGOTIATION 3. The authority citation for part 1615 continues to read as follows: ■ Authority: 5 U.S.C. 8913; 40 U.S.C. 486(c); 48 CFR 1.301. 4. In section 1615.404–4, paragraph (a) is revised to read as follows: ■ 1615.404–4 Profit. (a) When the pricing of FEHB Program contracts is determined by cost analysis (experience-rated) or by a combination of cost and price analysis (community rated), OPM will determine a performance based percentage of the price using a weighted guidelines structured approach based on the profit analysis factors described in 1615.404– 70. For experience-rated plans, OPM will use the performance based percentage so determined to develop the profit or fee prenegotiation objective, which will be the total profit (service charge) negotiated for the contract. For community-rated plans, OPM will use the performance based percentage so determined to develop an adjustment to net-to-carrier premiums, (performance adjustment) to be made during the first quarter of the following contract period. * * * * * ■ 5. Section 1615.404–70 is revised to read as follows: asabaliauskas on DSK5VPTVN1PROD with RULES 1615.404–70 Profit analysis factors. (a) OPM Contracting Officers will apply a weighted guidelines method in developing the performance based percentage for FEHB Program contracts. For experience-rated plans, the performance based percentage will be applied to projected incurred claims and allowable administrative expenses. For community-rated plans, the performance based percentage will be applied to subscription income and will be used to calculate a performance adjustment to net-to-carrier premiums, as described at 48 CFR 1632.170(a)(2), to be made during the first quarter of the following contract period. In the context of the factors outlined in FAR 15.404– 4(d), OPM will assess performance of FEHB carriers according to four factors. VerDate Sep<11>2014 16:01 Jun 29, 2015 Jkt 235001 (1) Clinical quality. OPM will consider elements within such domains as preventive care, chronic disease management, medication use, and behavioral health. This factor incorporates elements from the FAR factor ‘‘contractor effort.’’ (2) Customer service. OPM will consider elements within such domains as communication, access, claims, and member experience/engagement. This factor incorporates elements of the FAR factor ‘‘contractor effort.’’ (3) Resource use. OPM will consider elements within such domains as utilization management, administrative, and cost trends. This factor incorporates elements of the FAR factors ‘‘contractor effort,’’ ‘‘contract cost risk,’’ and ‘‘cost control and other past accomplishments.’’ (4) Contract oversight. OPM will consider an assessment of contract performance in specific areas such as audit findings, fraud/waste/abuse, and responsiveness to OPM, benefits/ network management, contract compliance, technology management, data security, and Federal socioeconomic programs. This factor could incorporate any of the FAR profit analysis factors listed at 15.404– 4(d)(1)(i)–(vi). (b) The sum of the maximum scores for the profit analysis factors will be 1 percent. PART 1632—CONTRACT FINANCING PART 1652—CONTRACT CLAUSES 8. The authority citation for part 1652 continues to read as follows: ■ Authority: 5 U.S.C. 8913; 40 U.S.C. 486(c); 48 CFR 1.301. 9. In section 1652.232–70, revise the introductory text and paragraph (a) and remove paragraph (f). The revisions read as follows: ■ 1652.232–70 contracts. Payments—Community-rated As prescribed in 1632.171, the following clause shall be inserted in all community-rated FEHBP contracts: Payments (JAN 2000) (a) OPM will pay to the Carrier, in full settlement of its obligations under this contract, subject to adjustment for error or fraud, the subscription charges received for the plan by the Employees Health Benefits Fund (hereinafter called the Fund) less the amounts set aside by OPM for the Contingency Reserve and for the administrative expenses of OPM, amounts for obligations due pursuant to paragraph (b) of this clause and the performance adjustment described at 1615.404–4, plus any payments made by OPM from the Contingency Reserve. * * * * * 1652.232–71 [Amended] 10. In section 1652.232–71, remove paragraph (f). ■ [FR Doc. 2015–15988 Filed 6–29–15; 8:45 am] ■ BILLING CODE 6325–63–P Authority: 5 U.S.C. 8913; 40 U.S.C. 486(c); 48 CFR 1.301. DEPARTMENT OF COMMERCE 7. In section 1632.170, paragraph (a)(2) is revised to read as follows: National Oceanic and Atmospheric Administration 1632.170 carriers. 50 CFR Part 622 6. The authority citation for part 1632 continues to read as follows: ■ Recurring premium payments to (a) * * * (2) The difference between one percent and the performance based percentage of the contract price described at 1615.404–4 will be multiplied by the carrier’s subscription income for the year of performance and the resulting amount (performance adjustment) will be withheld from the net-to-carrier premium disbursement during the first quarter of the following contract period unless an alternative payment arrangement is made with the carrier’s Contracting Officer. Amounts withheld from a community rated plan’s premium disbursement will be deposited into the plan’s Contingency Reserve. * * * * * PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 [Docket No. 0907271173–0629–03] RIN 0648–XE003 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2015 Commercial Accountability Measure and Closure for South Atlantic Snowy Grouper National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS implements accountability measures (AMs) for commercial snowy grouper in the exclusive economic zone (EEZ) of the South Atlantic. NMFS projects SUMMARY: E:\FR\FM\30JNR1.SGM 30JNR1 asabaliauskas on DSK5VPTVN1PROD with RULES Federal Register / Vol. 80, No. 125 / Tuesday, June 30, 2015 / Rules and Regulations commercial landings for snowy grouper will reach the commercial annual catch limit (ACL) (commercial quota) by June 30, 2015. Therefore, NMFS closes the commercial sector for snowy grouper in the South Atlantic EEZ on June 30, 2015, and it will remain closed until the start of the next fishing season on January 1, 2016. This closure is necessary to protect the snowy grouper resource. DATES: This rule is effective 12:01 a.m., local time, June 30, 2015, until 12:01 a.m., local time, January 1, 2016. FOR FURTHER INFORMATION CONTACT: Catherine Hayslip, NMFS Southeast Regional Office, telephone: 727–824– 5305, email: catherine.hayslip@ noaa.gov. SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South Atlantic includes snowy grouper and is managed under the Fishery Management Plan for the SnapperGrouper Fishery of the South Atlantic Region (FMP). The FMP was prepared by the South Atlantic Fishery Management Council and is implemented by NMFS under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part 622. The commercial ACL (equivalent to the commercial quota) for snowy grouper in the South Atlantic is 82,900 lb (37,603 kg), gutted weight, for the current fishing year, January 1 through December 31, 2015, as specified in 50 CFR 622.190(a)(1). Under 50 CFR 622.193(b)(1), NMFS is required to close the commercial sector for snowy grouper when the commercial ACL (commercial quota) is reached, or is projected to be reached, by filing a notification to that effect with the Office of the Federal Register. NMFS projects that commercial landings of South Atlantic snowy grouper, as estimated by the Science and Research Director, will reach the commercial ACL by June 30, 2015. Accordingly, the commercial sector for South Atlantic snowy grouper is closed effective 12:01 a.m., local time, June 30, 2015, until 12:01 a.m., local time, January 1, 2016. The operator of a vessel with a valid commercial vessel permit for South Atlantic snapper-grouper having snowy grouper on board must have landed and bartered, traded, or sold such snowy grouper prior to 12:01 a.m., local time, June 30, 2015. During the commercial closure, harvest and possession of snowy grouper in or from the South Atlantic EEZ is limited to the bag and possession limits, as specified in § 622.187(b)(2)(ii) and (c)(1). Also VerDate Sep<11>2014 16:01 Jun 29, 2015 Jkt 235001 during the commercial closure, the sale or purchase of snowy grouper taken from the EEZ is prohibited. The prohibition on sale or purchase does not apply to the sale or purchase of snowy grouper that were harvested, landed ashore, and sold prior to 12:01 a.m., local time, June 30, 2015, and were held in cold storage by a dealer or processor. For a person on board a vessel for which a Federal commercial or charter vessel/headboat permit for the South Atlantic snapper-grouper fishery has been issued, the bag and possession limits and the sale and purchase provisions of the commercial closure for snowy grouper would apply regardless of whether the fish are harvested in state or Federal waters, as specified in 50 CFR 622.190(c)(1)(ii). Classification The Regional Administrator, Southeast Region, NMFS, has determined this temporary rule is necessary for the conservation and management of snowy grouper and the South Atlantic snapper-grouper fishery and is consistent with the MagnusonStevens Act and other applicable laws. This action is taken under 50 CFR 622.193(b)(1) and is exempt from review under Executive Order 12866. These measures are exempt from the procedures of the Regulatory Flexibility Act, because the temporary rule is issued without opportunity for prior notice and comment. This action responds to the best scientific information available. The Assistant Administrator for Fisheries, NOAA (AA), finds that the need to immediately implement this action to close the commercial sector for snowy grouper constitutes good cause to waive the requirements to provide prior notice and opportunity for public comment pursuant to the authority set forth in 5 U.S.C. 553(b)(B), as such procedures would be unnecessary and contrary to the public interest. Such procedures are unnecessary because the rule itself has been subject to notice and comment, and all that remains is to notify the public of the closure. Such procedures are contrary to the public interest because of the need to immediately implement this action to protect snowy grouper since the capacity of the fishing fleet allows for rapid harvest of the commercial ACL (commercial quota). Prior notice and opportunity for public comment would require time and would potentially result in a harvest well in excess of the established commercial ACL (commercial quota). For the aforementioned reasons, the AA also finds good cause to waive the PO 00000 Frm 00047 Fmt 4700 Sfmt 4700 37181 30-day delay in the effectiveness of this action under 5 U.S.C. 553(d)(3). Authority: 16 U.S.C. 1801 et seq. Dated: June 25, 2015. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2015–16017 Filed 6–25–15; 4:15 pm] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 140117052–4402–02] RIN 0648–XD985 Fisheries of the Northeastern United States; Summer Flounder Fishery; Quota Transfer National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; quota transfer. AGENCY: NMFS announces that the State of North Carolina is transferring a portion of its 2015 commercial summer flounder quota to the Commonwealth of Virginia. These quota adjustments are necessary to comply with the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan quota transfer provision. This announcement is intended to inform the public of the revised commercial quota for each state involved. DATES: Effective June 29, 2015, through December 31, 2015. FOR FURTHER INFORMATION CONTACT: Reid Lichwell, Fishery Management Specialist, 978–281–9112. SUPPLEMENTARY INFORMATION: Regulations governing the summer flounder fishery are in 50 CFR 648.100 through 50 CFR 648.110. These regulations require annual specification of a commercial quota that is apportioned among the coastal states from North Carolina through Maine. The process to set the annual commercial quota and the percent allocated to each state are described in § 648.10(c)(1)(i). The final rule implementing Amendment 5 to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan provided a mechanism for summer flounder quota to be transferred from one state to another (December 17, 1993; 58 FR 65936). Two or more states, under mutual agreement and with the SUMMARY: E:\FR\FM\30JNR1.SGM 30JNR1

Agencies

[Federal Register Volume 80, Number 125 (Tuesday, June 30, 2015)]
[Rules and Regulations]
[Pages 37180-37181]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16017]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 0907271173-0629-03]
RIN 0648-XE003


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2015 Commercial Accountability Measure and Closure for South Atlantic 
Snowy Grouper

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

ACTION: Temporary rule; closure.

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SUMMARY: NMFS implements accountability measures (AMs) for commercial 
snowy grouper in the exclusive economic zone (EEZ) of the South 
Atlantic. NMFS projects

[[Page 37181]]

commercial landings for snowy grouper will reach the commercial annual 
catch limit (ACL) (commercial quota) by June 30, 2015. Therefore, NMFS 
closes the commercial sector for snowy grouper in the South Atlantic 
EEZ on June 30, 2015, and it will remain closed until the start of the 
next fishing season on January 1, 2016. This closure is necessary to 
protect the snowy grouper resource.

DATES: This rule is effective 12:01 a.m., local time, June 30, 2015, 
until 12:01 a.m., local time, January 1, 2016.

FOR FURTHER INFORMATION CONTACT: Catherine Hayslip, NMFS Southeast 
Regional Office, telephone: 727-824-5305, email: 
catherine.hayslip@noaa.gov.

SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South 
Atlantic includes snowy grouper and is managed under the Fishery 
Management Plan for the Snapper-Grouper Fishery of the South Atlantic 
Region (FMP). The FMP was prepared by the South Atlantic Fishery 
Management Council and is implemented by NMFS under the authority of 
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) by regulations at 50 CFR part 622.
    The commercial ACL (equivalent to the commercial quota) for snowy 
grouper in the South Atlantic is 82,900 lb (37,603 kg), gutted weight, 
for the current fishing year, January 1 through December 31, 2015, as 
specified in 50 CFR 622.190(a)(1).
    Under 50 CFR 622.193(b)(1), NMFS is required to close the 
commercial sector for snowy grouper when the commercial ACL (commercial 
quota) is reached, or is projected to be reached, by filing a 
notification to that effect with the Office of the Federal Register. 
NMFS projects that commercial landings of South Atlantic snowy grouper, 
as estimated by the Science and Research Director, will reach the 
commercial ACL by June 30, 2015. Accordingly, the commercial sector for 
South Atlantic snowy grouper is closed effective 12:01 a.m., local 
time, June 30, 2015, until 12:01 a.m., local time, January 1, 2016.
    The operator of a vessel with a valid commercial vessel permit for 
South Atlantic snapper-grouper having snowy grouper on board must have 
landed and bartered, traded, or sold such snowy grouper prior to 12:01 
a.m., local time, June 30, 2015. During the commercial closure, harvest 
and possession of snowy grouper in or from the South Atlantic EEZ is 
limited to the bag and possession limits, as specified in Sec.  
622.187(b)(2)(ii) and (c)(1). Also during the commercial closure, the 
sale or purchase of snowy grouper taken from the EEZ is prohibited. The 
prohibition on sale or purchase does not apply to the sale or purchase 
of snowy grouper that were harvested, landed ashore, and sold prior to 
12:01 a.m., local time, June 30, 2015, and were held in cold storage by 
a dealer or processor.
    For a person on board a vessel for which a Federal commercial or 
charter vessel/headboat permit for the South Atlantic snapper-grouper 
fishery has been issued, the bag and possession limits and the sale and 
purchase provisions of the commercial closure for snowy grouper would 
apply regardless of whether the fish are harvested in state or Federal 
waters, as specified in 50 CFR 622.190(c)(1)(ii).

Classification

    The Regional Administrator, Southeast Region, NMFS, has determined 
this temporary rule is necessary for the conservation and management of 
snowy grouper and the South Atlantic snapper-grouper fishery and is 
consistent with the Magnuson-Stevens Act and other applicable laws.
    This action is taken under 50 CFR 622.193(b)(1) and is exempt from 
review under Executive Order 12866.
    These measures are exempt from the procedures of the Regulatory 
Flexibility Act, because the temporary rule is issued without 
opportunity for prior notice and comment.
    This action responds to the best scientific information available. 
The Assistant Administrator for Fisheries, NOAA (AA), finds that the 
need to immediately implement this action to close the commercial 
sector for snowy grouper constitutes good cause to waive the 
requirements to provide prior notice and opportunity for public comment 
pursuant to the authority set forth in 5 U.S.C. 553(b)(B), as such 
procedures would be unnecessary and contrary to the public interest. 
Such procedures are unnecessary because the rule itself has been 
subject to notice and comment, and all that remains is to notify the 
public of the closure. Such procedures are contrary to the public 
interest because of the need to immediately implement this action to 
protect snowy grouper since the capacity of the fishing fleet allows 
for rapid harvest of the commercial ACL (commercial quota). Prior 
notice and opportunity for public comment would require time and would 
potentially result in a harvest well in excess of the established 
commercial ACL (commercial quota).
    For the aforementioned reasons, the AA also finds good cause to 
waive the 30-day delay in the effectiveness of this action under 5 
U.S.C. 553(d)(3).

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

    Dated: June 25, 2015.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2015-16017 Filed 6-25-15; 4:15 pm]
 BILLING CODE 3510-22-P