Fisheries of the Northeastern United States; Atlantic Herring Fishery; 2021 Closure of the Atlantic Herring Fishery, 67877-67878 [2021-26059]
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Federal Register / Vol. 86, No. 227 / Tuesday, November 30, 2021 / Rules and Regulations
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This is not a significant
regulatory action and, therefore, was not
subject to review under section 6(b) of
E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993.
V. Congressional Review Act
As required by the Congressional
Review Act (5 U.S.C. 801–808) before an
interim or final rule takes effect, DoD
will submit a copy of the interim or
final rule with the form, Submission of
Federal Rules under the Congressional
Review Act, to the U.S. Senate, the U.S.
House of Representatives, and the
Comptroller General of the United
States. A major rule under the
Congressional Review Act cannot take
effect until 60 days after it is published
in the Federal Register. The Office of
Information and Regulatory Affairs has
determined that this rule is not a major
rule as defined by 5 U.S.C. 804.
VI. Regulatory Flexibility Act
The Regulatory Flexibility Act does
not apply to this rule because this final
rule does not constitute a significant
DFARS revision within the meaning of
FAR 1.501–1, and 41 U.S.C. 1707 does
not require publication for public
comment.
VII. Paperwork Reduction Act
The rule does not contain any
information collection requirements that
require the approval of the Office of
Management and Budget under the
Paperwork Reduction Act (44 U.S.C.
chapter 35).
List of Subjects in 48 CFR Parts 201 and
237
Government procurement.
Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition
Regulations System.
Therefore, 48 CFR parts 201 and 237
are amended as follows:
■ 1. The authority citation for 48 CFR
parts 201 and 237 continues to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
lotter on DSK11XQN23PROD with RULES1
PART 201—FEDERAL ACQUISITION
REGULATIONS SYSTEM
2. Revise section 201.170 to read as
follows:
■
201.170
Peer reviews.
(a) DPC peer reviews. (1) The Office of
the Principal Director, Defense Pricing
VerDate Sep<11>2014
15:56 Nov 29, 2021
Jkt 256001
and Contracting (DPC), using the
procedures at PGI 201.170, will organize
teams of reviewers and facilitate peer
reviews for solicitations and contracts as
follows:
(i) DPC will conduct the preaward
peer reviews for competitive
procurements prior to the three phases
of the acquisition (see PGI 201.170–2(a))
for all procurements with an estimated
value of $1 billion or more under major
defense acquisition programs for which
the Under Secretary of Defense for
Acquisition and Sustainment
(USD(A&S)) is the milestone decision
authority or USD(A&S) designates as
requiring a peer review regardless of
value. DoD components may request
DPC-led peer reviews for acquisitions
valued below the $1 billion threshold.
DPC will conduct these reviews upon
approval by the Director, Defense
Pricing and Contracting (Contract
Policy).
(ii) DPC will conduct the preaward
peer reviews for noncompetitive
procurements prior to the two phases of
the acquisition (see PGI 201.170–2(b))
for contract actions, e.g., new contracts,
modifications to existing contracts,
requests for equitable adjustment,
claims valued at $1 billion or more, or
for any other contract action USD(A&S)
designates as requiring a peer review
regardless of value. DoD components
may request DPC-led peer reviews for
contract actions valued below the $1
billion threshold. DPC will conduct
these reviews upon approval by the
Director, Defense Pricing and
Contracting (Price, Cost and Finance).
(iii) Use the following criteria to
identify actions that are subject to peer
review (see also FAR 1.108(c), Dollar
thresholds):
(A) If the not-to-exceed amount for an
undefinitized contract action or an
unpriced change order exceeds the peer
review threshold, then the resultant
definitization modification(s) will be
subject to peer review regardless of
actual performance up to the point of
definitization.
(B) For indefinite delivery indefinite
quantity (IDIQ) contracts that will
establish pricing terms that apply to
orders, use the total maximum dollar
value for purposes of the peer review
threshold. IDIQ contracts that will not
establish pricing terms in the basic
contract are not subject to peer review,
but individual orders that exceed the
threshold are subject to peer review.
(C) For noncompetitive contract
actions, use the greater of the following
when considering the firm requirement
for all supplies or services:
(1) The approved Government
objective amount.
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67877
(2) The contractor proposed amount.
(2) To facilitate planning for peer
reviews, the military departments and
defense agencies shall provide a rolling
annual forecast of acquisitions that will
be subject to DPC peer reviews at the
end of each quarter (i.e., March 31; June
30; September 30; December 31).
(i) Military departments and defense
agencies shall submit quarterly forecasts
for competitive peer reviews to the
Director, Defense Pricing and
Contracting (Contract Policy), at
osd.pentagon.ousd-a-s.mbx.dpc-cp@
mail.mil.
(ii) Military departments and defense
agencies shall submit quarterly forecasts
for noncompetitive peer reviews to the
Director, Defense Pricing and
Contracting (Price, Cost and Finance), at
osd.pentagon.ousd-a-s.mbx.dpc-pcf@
mail.mil.
(b) Component peer reviews. The
military departments and defense
agencies shall establish procedures for—
(1) Preaward peer reviews of
solicitations for competitive
procurements not subject to paragraph
(a)(1)(i) of this section; and
(2) Preaward peer reviews of
noncompetitive procurements not
subject to paragraph (a)(1)(ii) of this
section.
PART 237—SERVICE CONTRACTING
237.102–76
[Removed and Reserved]
3. Remove and reserve section
237.102–76.
■
[FR Doc. 2021–25733 Filed 11–29–21; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 210325–0071; RTID 0648–
XB612]
Fisheries of the Northeastern United
States; Atlantic Herring Fishery; 2021
Closure of the Atlantic Herring Fishery
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; fishery closure.
AGENCY:
NMFS is closing the Atlantic
herring fishery and implementing a
2,000-lb (907.2-kg) possession limit for
herring in all Herring Management
Areas. This is required because NMFS
projects that herring catch will reach 95
percent of the annual catch limit before
SUMMARY:
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lotter on DSK11XQN23PROD with RULES1
67878
Federal Register / Vol. 86, No. 227 / Tuesday, November 30, 2021 / Rules and Regulations
the end of the fishing year. This action
is intended to prevent overharvest of
herring, which would result in
additional catch limit reductions in a
subsequent year.
DATES: Effective 00:01 hr local time,
November 25, 2021, through December
31, 2021.
FOR FURTHER INFORMATION CONTACT:
Maria Fenton, Fishery Management
Specialist, (978) 281–9196.
SUPPLEMENTARY INFORMATION: The
Regional Administrator of the Greater
Atlantic Regional Office monitors
Atlantic herring fishery catch based on
vessel and dealer reports, state data, and
other available information. Regulations
at 50 CFR 648.201(a)(1)(ii) require that
we close the herring fishery and
implement a 2,000-lb (907.2-kg)
possession limit for herring beginning
on the date that catch is projected to
reach 95 percent of the annual catch
limit (ACL).
Based on vessel reports, dealer
reports, and other available information,
the Regional Administrator projects that
the herring fleet has caught 95 percent
of the herring ACL by November 23,
2021. Therefore, effective 00:01 hr local
time November 25, 2021, through
December 31, 2021, a person may not
attempt or do any of the following: Fish
for; possess; transfer; purchase; receive;
land; or sell more than 2,000 lb (907.2kg) of herring per trip or more than once
per calendar day.
Vessels that enter port before 00:01 hr
local time on November 25, 2021, may
land and sell more than 2,000 lb (907.2
kg) of herring from that trip, provided
that catch is landed in accordance with
state management measures and the
herring were not caught in a
Management Area already subject to a
2,000-lb (907.2-kg) possession limit.
Also effective 00:01 hr local time,
November 25, 2021, through 24:00 hr
local time, December 31, federally
permitted dealers may not attempt or do
any of the following: Purchase; receive;
possess; have custody or control of; sell;
barter; trade; or transfer more than 2,000
lb (907.2 kg) of herring per trip or
calendar day from a vessel, unless it is
from a vessel that enters port before
00:01 hr local time on November 25,
2021, catch is landed in accordance
with state management measures, and
the herring were not caught in a
Management Area already subject to a
2,000-lb (907.2-kg) possession limit.
Classification
This action is required by 50 CFR part
648 and is exempt from review under
Executive Order 12866.
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15:56 Nov 29, 2021
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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, contrary to
the public interest, and impracticable.
Ample prior notice and opportunity for
public comment on this action has been
provided for the required
implementation of this action. The
requirement to implement this fishery
closure was developed by the New
England Fishery Management Council
using public meetings that invited
public comment on the measures when
they were developed and considered
along with alternatives. Further, the
regulations requiring NMFS to
implement this fishery closure also were
subject to public notice and opportunity
to comment. Herring fishing industry
participants monitor catch closely and
anticipate a potential fishery closure as
the catch total approaches the ACL. The
regulation provides NMFS with no
discretion and is designed for
implementation as quickly as possible
to prevent catch from exceeding limits
designed to prevent overfishing while
allowing the fishery to achieve optimum
yield.
The 2021 Atlantic herring fishing year
began on January 1, 2021. Data
indicating that the Atlantic herring fleet
will have landed at least 95 percent of
the 2021 ACL only recently became
available. High-volume catch and
landings in this fishery can increase
total catch relative to the ACL quickly,
especially in this fishing year where
catch limits are unusually low. If
implementation of this fishery closure is
delayed to solicit prior public comment,
the 2021 herring ACL will likely be
further exceeded; thereby undermining
the conservation objectives of the
Atlantic Herring Fishery Management
Plan (FMP). When the ACL is exceeded,
the excess must be deducted from a
future ACL and reduces future fishing
opportunities. The public expects these
fishery closure actions to occur in a
timely way consistent with the FMP’s
objectives. For the reasons stated above,
NMFS also finds good cause to waive
the 30-day delayed effectiveness in
accordance with 5 U.S.C 553(d)(3).
Authority: 16 U.S.C. 1801 et seq.
Dated: November 24, 2021.
Ngagne Jafnar Gueye,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2021–26059 Filed 11–24–21; 4:15 pm]
BILLING CODE 3510–22–P
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 210217–0022; RTID 0648–
XB113]
Fisheries of the Exclusive Economic
Zone Off Alaska; Atka Mackerel in the
Bering Sea and Aleutian Islands
Management Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS is prohibiting directed
fishing for Atka mackerel in the Bering
Sea subarea and Eastern Aleutian
District (BS/EAI) of the Bering Sea and
Aleutian Islands management area
(BSAI) by vessels participating in the
BSAI trawl limited access sector fishery.
This action is necessary to prevent
exceeding the 2021 total allowable catch
(TAC) of Atka mackerel in the BS/EAI
allocated to vessels participating in the
BSAI trawl limited access sector fishery.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), November 24, 2021,
through 2400 hrs, A.l.t., December 31,
2021.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Allyson Olds, 907–586–7228.
NMFS
manages the groundfish fishery in the
BSAI exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Bering Sea
and Aleutian Islands Management Area
(FMP) prepared by the North Pacific
Fishery Management Council under
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act. Regulations governing fishing by
U.S. vessels in accordance with the FMP
appear at subpart H of 50 CFR part 600
and 50 CFR part 679.
The 2021 TAC of Atka mackerel, in
the BS/EAI, allocated to vessels
participating in the BSAI trawl limited
access sector fishery was established as
a directed fishing allowance of 2,209
metric tons by the final 2021 and 2022
harvest specifications for groundfish in
the BSAI (86 FR 11449, February 25,
2021).
In accordance with § 679.20(d)(1)(iii),
the Regional Administrator finds that
this directed fishing allowance has been
reached. Consequently, NMFS is
prohibiting directed fishing for Atka
mackerel in the BS/EAI by vessels
participating in the BSAI trawl limited
SUPPLEMENTARY INFORMATION:
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]]>Agencies
[Federal Register Volume 86, Number 227 (Tuesday, November 30, 2021)]
[Rules and Regulations]
[Pages 67877-67878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26059]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 210325-0071; RTID 0648-XB612]
Fisheries of the Northeastern United States; Atlantic Herring
Fishery; 2021 Closure of the Atlantic Herring Fishery
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; fishery closure.
-----------------------------------------------------------------------
SUMMARY: NMFS is closing the Atlantic herring fishery and implementing
a 2,000-lb (907.2-kg) possession limit for herring in all Herring
Management Areas. This is required because NMFS projects that herring
catch will reach 95 percent of the annual catch limit before
[[Page 67878]]
the end of the fishing year. This action is intended to prevent
overharvest of herring, which would result in additional catch limit
reductions in a subsequent year.
DATES: Effective 00:01 hr local time, November 25, 2021, through
December 31, 2021.
FOR FURTHER INFORMATION CONTACT: Maria Fenton, Fishery Management
Specialist, (978) 281-9196.
SUPPLEMENTARY INFORMATION: The Regional Administrator of the Greater
Atlantic Regional Office monitors Atlantic herring fishery catch based
on vessel and dealer reports, state data, and other available
information. Regulations at 50 CFR 648.201(a)(1)(ii) require that we
close the herring fishery and implement a 2,000-lb (907.2-kg)
possession limit for herring beginning on the date that catch is
projected to reach 95 percent of the annual catch limit (ACL).
Based on vessel reports, dealer reports, and other available
information, the Regional Administrator projects that the herring fleet
has caught 95 percent of the herring ACL by November 23, 2021.
Therefore, effective 00:01 hr local time November 25, 2021, through
December 31, 2021, a person may not attempt or do any of the following:
Fish for; possess; transfer; purchase; receive; land; or sell more than
2,000 lb (907.2-kg) of herring per trip or more than once per calendar
day.
Vessels that enter port before 00:01 hr local time on November 25,
2021, may land and sell more than 2,000 lb (907.2 kg) of herring from
that trip, provided that catch is landed in accordance with state
management measures and the herring were not caught in a Management
Area already subject to a 2,000-lb (907.2-kg) possession limit.
Also effective 00:01 hr local time, November 25, 2021, through
24:00 hr local time, December 31, federally permitted dealers may not
attempt or do any of the following: Purchase; receive; possess; have
custody or control of; sell; barter; trade; or transfer more than 2,000
lb (907.2 kg) of herring per trip or calendar day from a vessel, unless
it is from a vessel that enters port before 00:01 hr local time on
November 25, 2021, catch is landed in accordance with state management
measures, and the herring were not caught in a Management Area already
subject to a 2,000-lb (907.2-kg) possession limit.
Classification
This action is required by 50 CFR part 648 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, contrary to the public interest, and impracticable. Ample
prior notice and opportunity for public comment on this action has been
provided for the required implementation of this action. The
requirement to implement this fishery closure was developed by the New
England Fishery Management Council using public meetings that invited
public comment on the measures when they were developed and considered
along with alternatives. Further, the regulations requiring NMFS to
implement this fishery closure also were subject to public notice and
opportunity to comment. Herring fishing industry participants monitor
catch closely and anticipate a potential fishery closure as the catch
total approaches the ACL. The regulation provides NMFS with no
discretion and is designed for implementation as quickly as possible to
prevent catch from exceeding limits designed to prevent overfishing
while allowing the fishery to achieve optimum yield.
The 2021 Atlantic herring fishing year began on January 1, 2021.
Data indicating that the Atlantic herring fleet will have landed at
least 95 percent of the 2021 ACL only recently became available. High-
volume catch and landings in this fishery can increase total catch
relative to the ACL quickly, especially in this fishing year where
catch limits are unusually low. If implementation of this fishery
closure is delayed to solicit prior public comment, the 2021 herring
ACL will likely be further exceeded; thereby undermining the
conservation objectives of the Atlantic Herring Fishery Management Plan
(FMP). When the ACL is exceeded, the excess must be deducted from a
future ACL and reduces future fishing opportunities. The public expects
these fishery closure actions to occur in a timely way consistent with
the FMP's objectives. For the reasons stated above, NMFS also finds
good cause to waive the 30-day delayed effectiveness in accordance with
5 U.S.C 553(d)(3).
Authority: 16 U.S.C. 1801 et seq.
Dated: November 24, 2021.
Ngagne Jafnar Gueye,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2021-26059 Filed 11-24-21; 4:15 pm]
BILLING CODE 3510-22-P
