Fisheries of the Northeastern United States; Atlantic Herring Fishery; 2020 Directed Fishery Closure for Atlantic Herring Management Area 1B, 76487-76488 [2020-26303]

Download as PDF Federal Register / Vol. 85, No. 230 / Monday, November 30, 2020 / Rules and Regulations GENERAL SERVICES ADMINISTRATION 48 CFR Part 532 [GSAR Case 2020–G521 Docket No. 2020– 0017; Sequence No. 1] RIN 3090–AK25 General Services Administration Acquisition Regulation; Remove Office of General Counsel Review for Final Payments; Withdrawal Office of Acquisition Policy, General Services Administration (GSA). ACTION: Direct final rule; withdrawal. AGENCY: On October 1, 2020, GSA published in the Federal Register a direct final rule entitled Remove Office of General Counsel Review for Final Payments. The rule revised internal agency approval procedures for processing a final payment for construction and building service contracts where, after 60 days, a contracting officer is unable to obtain a release of claims from a contractor. This action withdraws the rule because GSA received an adverse comment. DATES: The direct final rule published at 85 FR 61871, October 1, 2020, is withdrawn effective November 30, 2020. FOR FURTHER INFORMATION CONTACT: Mr. Bryon Boyer, GSA Acquisition Policy Division, at gsarpolicy@gsa.gov, for clarification of content. For information pertaining to status or publication schedules, contact the Regulatory Secretariat at 202–501–4755. Please cite GSAR Case 2020–G521. SUPPLEMENTARY INFORMATION: SUMMARY: TKELLEY on DSKBCP9HB2PROD with RULES I. Background On October 1, 2020, GSA published a direct final rule (85 FR 61871). The rule, to have become effective November 30, 2020, was intended to streamline the process for certain contract final payments. GSA stated in the direct final rule that if it received adverse comments, it would publish a timely withdrawal in the Federal Register informing the public that the rule will not take effect. As part of GSA’s regulatory reform efforts, GSA determined that GSAR 532.905–70 should no longer require contracting officers to obtain approval of legal counsel before processing final payments for construction and building service contracts where, after 60 days, the contracting officers are unable to obtain releases of claims from contractors. Legal review is not a statutory requirement, and the decision to process final payments in such cases VerDate Sep<11>2014 17:14 Nov 27, 2020 Jkt 253001 is a business decision, rather than a legal one. The comment period for the direct final rule closed on November 2, 2020. DEPARTMENT OF COMMERCE II. Discussion of Comment 50 CFR Part 648 GSA received two comments to the direct final rule from anonymous commenters. One of the comments was adverse to the direct final rule. The other comment was not applicable to the text or purpose of the direct final rule. The adverse commenter expressed concern about the lack of analytical data regarding the administrative burden related to the legal review process. Further, the commenter suggested that decisions related to contracts are legal questions, not business decisions. GSA does not agree with the adverse comment because, in the absence of a statutory requirement for the contracting officer to receive legal approval prior to processing the final payment, the authority to process any payment resides in the warranted contracting officer, except for the instant clause regarding final payments referenced in the clause at 532.905–70(c). GSA has determined that the clause at 532.905– 70 no longer works in the best interest of the Government or contractors because, among other things: (i) Approval by legal counsel does not preclude the contracting officer from denying such payments, and (ii) approval by legal counsel does not insulate the Government from any potential liabilities should the contracting officer process the payment. [Docket No.: 200428–0122] III. Reason for Withdrawal In consideration of the comment to the direct final rule, GSA has determined that the rule should be withdrawn in its entirety. This will allow more time to further examine the issues raised and determine the best course of action. Accordingly, GSA withdraws the rule published at 85 FR 61871 on October 1, 2020. However, withdrawal of this rule does not preclude GSA from issuing another rule on the subject matter in the future or committing the agency to any future course of action. List of Subjects in 48 CFR Part 532 Government procurement. Jeffrey A. Koses, Senior Procurement Executive, Office of Acquisition Policy. [FR Doc. 2020–26118 Filed 11–27–20; 8:45 am] BILLING CODE 6820–01–P PO 00000 Frm 00069 Fmt 4700 Sfmt 4700 76487 National Oceanic and Atmospheric Administration RTID 0648–XA679 Fisheries of the Northeastern United States; Atlantic Herring Fishery; 2020 Directed Fishery Closure for Atlantic Herring Management Area 1B National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; directed fishery closure. AGENCY: NMFS is closing the directed fishery for Herring Management Area 1B. This closure is required because NMFS projects that 92 percent of the catch allotted to Management Area 1B has been caught. This action is intended to prevent overharvest of Atlantic herring in Management Area 1B, which would result in additional quota reductions next year. DATES: Effective 00:01 hr local time, November 25, 2020, through 24:00 local time, December 31, 2020. FOR FURTHER INFORMATION CONTACT: Lou Forristall, Fishery Management Specialist, (978) 281–9321. SUPPLEMENTARY INFORMATION: The Regional Administrator for the Greater Atlantic Region monitors Atlantic herring fishery catch in each of the management areas based on vessel and dealer reports, state data, and other available information. Based on this information, the Regional Administrator projects that the Atlantic herring fleet will catch 92 percent of the Management Area 1B sub-Annual Catch Limit (ACL) by November 25, 2020. Therefore, as required by 50 CFR 648.201(a)(1)(i), effective 00:01 hr local time November 25, 2020, federally permitted vessels may not fish for, possess, transfer, receive, land, or sell more than 2,000 lb (907.2 kg) of Atlantic herring per trip or calendar day, in or from Management Area 1B, through December 31, 2020. Vessels that have entered port before 00:01 hr local time, November 25, 2020, may land or sell more than 2,000 lb (907.2 kg) of Atlantic herring from Area 1B from that trip. A vessel may transit through Area 1B with more than 2,000 lb (907.2 kg) of Atlantic herring on board, provided all herring was caught outside Area 1B and all fishing gear is stowed and not available for immediate use as defined by 50 CFR SUMMARY: E:\FR\FM\30NOR1.SGM 30NOR1 76488 Federal Register / Vol. 85, No. 230 / Monday, November 30, 2020 / Rules and Regulations 648.2. All herring vessels must land in accordance with state landing restrictions. Effective 00:01 hr local time, November 25, 2020, through 24:00 hr local time, December 31, 2020, federally permitted dealers may not purchase, possess, receive, sell, barter, trade or transfer more than 2,000 lb (907.2 kg) of Atlantic herring per trip or calendar day from Area 1B from a vessel issued and holding a valid Federal herring permit, unless it is from a trip landed by a vessel that entered port before 00:01 hr local time, November 25, 2020. Classification TKELLEY on DSKBCP9HB2PROD with RULES NMFS issues this action pursuant to section 305(d) of the Magnuson-Stevens Act. This action is required by 50 CFR 648.201(a)(1)(i), which was issued pursuant to section 304(b), and is exempt from review under Executive Order 12866. VerDate Sep<11>2014 17:14 Nov 27, 2020 Jkt 253001 NMFS finds good cause pursuant to 5 U.S.C. 553(b)(3)(B) to waive prior notice and the opportunity for public comment because it is unnecessary and would be contrary to the public interest and impracticable. NMFS also finds good cause to waive the 30-day delayed effectiveness in accordance with 5 U.S.C 553(d)(3). NMFS is required by Federal regulation to implement a 2,000-lb (907.2-kg) herring trip limit for Management Area 1B through December 31, 2020, when 92 percent of the area quota is projected to be harvested. The 2020 herring fishing year opened on January 1, 2020, and Management Area 1B opened to fishing on May 1, 2020. Data indicating the herring fleet will have landed at least 92 percent of the 2020 sub-ACL allocated to Management Area 1B recently became available. Catch in this fishery increases relative to the sub-ACL quickly, especially in this fishing year where annual catch limits are unusually low. If implementation of PO 00000 Frm 00070 Fmt 4700 Sfmt 9990 this closure is delayed to solicit prior public comment, the sub-ACL for Management Area 1B for this fishing year will likely be exceeded, undermining conservation objectives of the Fishery Management Plan. If subACLs are exceeded, the excess must also be deducted from a future sub-ACL and would reduce future fishing opportunities. In addition, the public had prior notice and full opportunity to comment on this process when these provisions were put in place. The public expects these actions to occur in a timely way consistent with the fishery management plan’s objectives. Authority: 16 U.S.C. 1801 et seq. Dated: November 23, 2020. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2020–26303 Filed 11–24–20; 4:15 pm] BILLING CODE 3510–22–P E:\FR\FM\30NOR1.SGM 30NOR1

Agencies

[Federal Register Volume 85, Number 230 (Monday, November 30, 2020)]
[Rules and Regulations]
[Pages 76487-76488]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26303]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No.: 200428-0122]
RTID 0648-XA679


Fisheries of the Northeastern United States; Atlantic Herring 
Fishery; 2020 Directed Fishery Closure for Atlantic Herring Management 
Area 1B

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

ACTION: Temporary rule; directed fishery closure.

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SUMMARY: NMFS is closing the directed fishery for Herring Management 
Area 1B. This closure is required because NMFS projects that 92 percent 
of the catch allotted to Management Area 1B has been caught. This 
action is intended to prevent overharvest of Atlantic herring in 
Management Area 1B, which would result in additional quota reductions 
next year.

DATES: Effective 00:01 hr local time, November 25, 2020, through 24:00 
local time, December 31, 2020.

FOR FURTHER INFORMATION CONTACT: Lou Forristall, Fishery Management 
Specialist, (978) 281-9321.

SUPPLEMENTARY INFORMATION: The Regional Administrator for the Greater 
Atlantic Region monitors Atlantic herring fishery catch in each of the 
management areas based on vessel and dealer reports, state data, and 
other available information. Based on this information, the Regional 
Administrator projects that the Atlantic herring fleet will catch 92 
percent of the Management Area 1B sub-Annual Catch Limit (ACL) by 
November 25, 2020. Therefore, as required by 50 CFR 648.201(a)(1)(i), 
effective 00:01 hr local time November 25, 2020, federally permitted 
vessels may not fish for, possess, transfer, receive, land, or sell 
more than 2,000 lb (907.2 kg) of Atlantic herring per trip or calendar 
day, in or from Management Area 1B, through December 31, 2020. Vessels 
that have entered port before 00:01 hr local time, November 25, 2020, 
may land or sell more than 2,000 lb (907.2 kg) of Atlantic herring from 
Area 1B from that trip. A vessel may transit through Area 1B with more 
than 2,000 lb (907.2 kg) of Atlantic herring on board, provided all 
herring was caught outside Area 1B and all fishing gear is stowed and 
not available for immediate use as defined by 50 CFR

[[Page 76488]]

648.2. All herring vessels must land in accordance with state landing 
restrictions.
    Effective 00:01 hr local time, November 25, 2020, through 24:00 hr 
local time, December 31, 2020, federally permitted dealers may not 
purchase, possess, receive, sell, barter, trade or transfer more than 
2,000 lb (907.2 kg) of Atlantic herring per trip or calendar day from 
Area 1B from a vessel issued and holding a valid Federal herring 
permit, unless it is from a trip landed by a vessel that entered port 
before 00:01 hr local time, November 25, 2020.

Classification

    NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR 648.201(a)(1)(i), which 
was issued pursuant to section 304(b), and is exempt from review under 
Executive Order 12866.
    NMFS finds good cause pursuant to 5 U.S.C. 553(b)(3)(B) to waive 
prior notice and the opportunity for public comment because it is 
unnecessary and would be contrary to the public interest and 
impracticable. NMFS also finds good cause to waive the 30-day delayed 
effectiveness in accordance with 5 U.S.C 553(d)(3). NMFS is required by 
Federal regulation to implement a 2,000-lb (907.2-kg) herring trip 
limit for Management Area 1B through December 31, 2020, when 92 percent 
of the area quota is projected to be harvested. The 2020 herring 
fishing year opened on January 1, 2020, and Management Area 1B opened 
to fishing on May 1, 2020. Data indicating the herring fleet will have 
landed at least 92 percent of the 2020 sub-ACL allocated to Management 
Area 1B recently became available. Catch in this fishery increases 
relative to the sub-ACL quickly, especially in this fishing year where 
annual catch limits are unusually low. If implementation of this 
closure is delayed to solicit prior public comment, the sub-ACL for 
Management Area 1B for this fishing year will likely be exceeded, 
undermining conservation objectives of the Fishery Management Plan. If 
sub-ACLs are exceeded, the excess must also be deducted from a future 
sub-ACL and would reduce future fishing opportunities. In addition, the 
public had prior notice and full opportunity to comment on this process 
when these provisions were put in place. The public expects these 
actions to occur in a timely way consistent with the fishery management 
plan's objectives.

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

    Dated: November 23, 2020.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2020-26303 Filed 11-24-20; 4:15 pm]
BILLING CODE 3510-22-P