61872 Federal Register / Vol. 85, No. 191 / Thursday, October 1, 2020 / Rules and Regulations

Regulatory Secretariat at 202–501–4755. regulatory action and, therefore, was not (ii) Approval to process the final Please cite GSAR Case 2020–G521. subject to review under section 6(b) of payment from one level above the SUPPLEMENTARY INFORMATION: Executive Order 12866, Regulatory contracting officer. Planning and Review, dated September I. Background [FR Doc. 2020–18597 Filed 9–30–20; 8:45 am] 30, 1993. This rule is not a major rule BILLING CODE 6820–61–P As part of GSA’s regulatory reform under 5 U.S.C. 804. efforts, GSA determined that GSAR 532.905–70 should no longer require V. Executive Order 13771 contracting officers to obtain approval of DEPARTMENT OF VETERANS This final rule was not subject to E.O. AFFAIRS legal counsel before processing final 13771 because this rule is not a payments for construction and building significant regulatory action under E.O. 48 CFR Part 852 service contracts where, after 60 days, 12886. the contracting officers are unable to Solicitation Provisions and Contract VI. Regulatory Flexibility Act obtain releases of claims from Clauses contractors. Legal review is not a The Regulatory Flexibility Act does statutory requirement, and the decision not apply to this rule because this final CFR Correction to process final payments in such cases rule does not constitute a significant ■ In Title 48 of the Code of Federal is a business decision, rather than a GSAR revision. Regulations, Chapters 7 to 14, revised as legal one. VII. Paperwork Reduction Act of October 1, 2019, on page 272, remove II. Authority for This Rulemaking the second printing of section 852.232– The final rule does not contain any Title 40 of the United States Code 70, and on page 278, remove the second information collection requirements that (U.S.C.) Section 121 authorizes GSA to printing of section 852.236–72. require the approval of the Office of issue regulations, including the GSAR, [FR Doc. 2020–21868 Filed 9–30–20; 8:45 am] Management and Budget under the to control the relationship between GSA BILLING CODE 1301–00–D Paperwork Reduction Act (44 U.S.C. and contractors. chapter 35). III. Discussion and Analysis List of Subjects in 48 CFR Part 532 DEPARTMENT OF COMMERCE Prior to the issuance of this rule, GSA Government procurement. guidance on final payments for National Oceanic and Atmospheric construction and building service Jeffrey A. Koses, Administration contracts provided that, ‘‘in cases Senior Procurement Executive, Office of where, after 60 days from the initial Acquisition Policy, Office of Governmentwide 50 CFR Part 635 attempt, the contracting officer is unable Policy, General Services Administration. to obtain a release of claims from the [Docket No. 200910–0237] Therefore, GSA amends 48 CFR part contractor, the final payment may be RTID 0648–XT037 processed with the approval of assigned 532 as set forth below: legal counsel.’’ GSA is proposing to PART 532—CONTRACT FINANCING Atlantic Highly Migratory Species; amend GSAR 532.905–70(c) by Adjustments to 2020 Northern removing the legal approval ■ 1. The authority citation for 48 CFR Albacore Tuna Quota, 2020 North and requirement because this is a business part 532 continues to read as follows: South Atlantic Swordfish Quotas, and decision to be made by the contracting 2020 Atlantic Bluefin Tuna Reserve officer, not a legal decision. Therefore, Authority: 40 U.S.C. 121(c). Category Quota upon implementation of this rule, a ■ 2. Amend section 532.905–70 by: AGENCY: National Marine Fisheries contracting officer may instead process ■ a. Removing from paragraph (a) Service (NMFS), National Oceanic and a final payment in such a situation after ‘‘amount due the Contractor’’ and documenting in the contract file: (i) Atmospheric Administration (NOAA), adding ‘‘amount due to the contractor’’ Commerce. That the contracting officer requested a in its place; ACTION: Temporary final rule. release of claims from the contractor ■ b. Revising paragraph (b); and and did not receive a response within ■ c. Removing paragraphs (c) and (d). 60 calendar days; and (ii) approval to SUMMARY: NMFS adjusts the 2020 process the final payment from one The revision reads as follows: baseline quotas for U.S. North Atlantic level above the contracting officer. albacore tuna (northern albacore), North 532.905–70 Final payment—construction and South Atlantic swordfish, and the and building service contracts. IV. Executive Orders 12866 and 13563 Atlantic bluefin Reserve category based * * * * * Executive Orders (E.O.s) 12866 and on available underharvest of the 2019 13563 direct agencies to assess all costs (b) A contracting officer may only adjusted U.S. quotas. This action is and benefits of available regulatory process the final payment for a necessary to implement binding alternatives and, if regulation is construction or building service contract recommendations of the International necessary, to select regulatory once: Commission for the Conservation of approaches that maximize net benefits (1) The contractor submits a properly Atlantic Tunas (ICCAT), as required by (including potential economic, executed GSA Form 1142, Release of the Atlantic Tunas Convention Act environmental, public health and safety Claims; or (ATCA), and to achieve domestic effects, distributive impacts, and (2) The contracting officer documents management objectives under the equity). E.O. 13563 emphasizes the in the contract file: Magnuson-Stevens Fishery importance of quantifying both costs (i) That the contracting officer Conservation and Management Act and benefits, of reducing costs, of requested a release of claims from the (Magnuson-Stevens Act). harmonizing rules, and of promoting contractor and did not receive a DATES: Effective October 1, 2020, flexibility. This is not a significant response within 60 calendar days; and, through December 31, 2020.

VerDate Sep<11>2014 21:58 Sep 30, 2020 Jkt 253001 PO 00000 Frm 00068 Fmt 4700 Sfmt 4700 E:\FR\FM\01OCR1.SGM 01OCR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 191 / Thursday, October 1, 2020 / Rules and Regulations 61873

ADDRESSES: Supporting documents, Portions of ICCAT Recommendation was 3,378.2 mt dw (2,937.6 mt dw including Environmental Assessments, 16–06 remain active. Relevant to the baseline quota + 440.6 mt dw carried as well as the Fishery Management northern albacore quota adjustment in over from 2018). Plans and their amendments that are this action, and as codified at The total 2019 U.S. North Atlantic described below, may be downloaded § 635.27(e)(2), the maximum swordfish catch, which includes from the Highly Migratory Species underharvest that a Contracting Party landings and dead discards, was (HMS) website at https:// may carry forward from one year to the 1,471.95 mt dw, which is an www.fisheries.noaa.gov/topic/atlantic- next is 25 percent of its initial catch underharvest of 1,906.25-mt dw of the highly-migratory-species. These quota, which would be 158.1 mt for the 2019 adjusted quota. This underharvest documents also are available upon United States. exceeds the 440.6-mt dw underharvest request from Sarah McLaughlin, Steve carryover limit allowed under Adjustment of the 2020 Northern Durkee, Larry Redd, or Guy Eroh at the Recommendation 17–02. Thus NMFS is Albacore Quota email addresses and telephone number carrying forward 440.6 mt dw, the below. Consistent with regulations at maximum carryover allowed. The FOR FURTHER INFORMATION CONTACT: § 635.27(e), NMFS adjusts the U.S. 2,937.6 mt dw baseline quota is Sarah McLaughlin, (sarah.mclaughlin@ annual northern albacore quota for increased by the underharvest carryover noaa.gov), Steve Durkee, (steve.durkee@ allowable underharvest, if any, in the of 440.6 mt dw, resulting in a final noaa.gov), Larry Redd, (larry.redd@ previous year. NMFS makes such adjusted North Atlantic swordfish quota noaa.gov), or Guy Eroh, (guy.eroh@ adjustments consistent with ICCAT for the 2020 fishing year of 3,378.2 mt noaa.gov), at 301–427–8503. limits when complete catch information dw (2,937.6 + 440.6 = 3,378.2 mt dw). for the prior year is available and From that adjusted quota, 50 mt dw will SUPPLEMENTARY INFORMATION: finalized. Under ICCAT be allocated to the reserve category for Regulations implemented under the Recommendation 17–04, the maximum inseason adjustments and research, and authority of the ATCA (16 U.S.C. 971 et underharvest that a Contracting Party 300 mt dw will be allocated to the seq.) and the Magnuson-Stevens Act (16 may carry forward from one year to the incidental category, which includes U.S.C. 1801 et seq.) governing the next is 25 percent of its initial catch recreational landings and landings by harvest of northern albacore, swordfish, quota, which, relevant to 2020, would incidental swordfish permit holders, in and Atlantic bluefin tuna (BFT) by be 158.1 mt for the United States (25 accordance with regulations at persons and vessels subject to U.S. percent of 632.4 mt). § 635.27(c)(1)(i). This results in an jurisdiction are found at 50 CFR part For 2019, the adjusted quota was allocation of 3,028.2 mt dw 635. Section 635.27(e) implements the 790.5 mt (632.4 mt plus 158.1 mt of (3,378.2¥50¥300 = 3,028.2 mt dw) for northern albacore annual quota 2018 underharvest carried forward to the directed category, split equally recommended by ICCAT and describes 2019, based on 25 percent of the 632.4- between two seasons in 2020 (January the annual northern albacore quota mt quota in place for 2018) (83 FR through June, and July through adjustment process. Section 635.27(c) 51391, October 11, 2018). The total 2019 December) (Table 1). implements the ICCAT-recommended northern albacore catch, which includes quotas and describes the quota South Atlantic Swordfish landings and dead discards, was 221.36 adjustment process for both North and mt, which is an underharvest of 569.14 Consistent with the South Atlantic South Atlantic swordfish. Section swordfish quota regulations at mt of the 2019 adjusted quota. Of this 635.27(a) implements the ICCAT- § 635.27(c), NMFS adjusts the U.S. underharvest, 158.1 mt may be carried recommended quota and describes the annual South Atlantic swordfish quota forward to the 2020 fishing year. Thus, annual quota adjustment process for for allowable underharvest, if any, in the adjusted 2020 northern albacore BFT. NMFS is required under ATCA the previous year. NMFS makes such quota is 632.4 mt plus 158.1 mt, totaling and the Magnuson-Stevens Act to adjustments consistent with ICCAT 790.5 mt. provide U.S. fishing vessels with a limits when complete catch information reasonable opportunity to harvest the North and South Atlantic Swordfish for the prior year is available and ICCAT-recommended quotas. Annual Quota and Adjustment Process finalized. Under ICCAT Note that weight information for Recommendation 17–03, the U.S. South North Atlantic Swordfish northern albacore and BFT below is Atlantic swordfish baseline annual shown in metric tons (mt) whole weight Consistent with the North Atlantic quota for 2020 is 75.2 mt dw (100 mt (ww), and both dressed weight (dw) and swordfish quota regulations at ww) and the amount of underharvest ww are shown for swordfish. § 635.27(c), NMFS adjusts the U.S. that the United States can carry forward annual North Atlantic swordfish quota from one year to the next is 100 percent Northern Albacore Annual Quota and for allowable underharvest, if any, in of the baseline quota (75.2 mt dw). Adjustment Process the previous year. NMFS makes such Recommendation 17–03 continues to Since 1998, ICCAT has adopted adjustments consistent with ICCAT require the United States to transfer a recommendations regarding the limits and when complete catch total of 75.2 mt dw (100 mt ww) to other northern albacore fishery. ICCAT information for the prior year is countries. These transfers are 37.6 mt Recommendation 17–04 on northern available and finalized. Under ICCAT dw (50 mt ww) to Namibia, 18.8 mt dw albacore (which amends portions of Recommendation 17–02, the U.S. North (25 mt ww) to Coˆte d’Ivoire, and 18.8 mt Recommendation 16–06) includes a Atlantic swordfish baseline annual dw (25 mt ww) to Belize. total allowable catch (TAC) at 33,600 mt quota for 2018 through 2021 is 2,937.6 U.S. fishermen landed no South for 2018 through 2020 and specific mt dw (3,907 mt ww). The maximum Atlantic swordfish in 2019. The provisions regarding northern albacore underharvest that the United States may adjusted 2019 South Atlantic swordfish conservation and management. The U.S. carry forward from one year to the next quota was 75.1 mt dw due to nominal share of that TAC is a quota for 2019 is 15 percent of the baseline quota, landings in previous years. Therefore, and 2020 of 632.4 mt, annually, which which equals 440.6 mt dw (586 mt ww) 75.1 mt dw of underharvest is available is codified at § 635.27(e) and will for the United States. In 2019, the to carry over to 2020. NMFS is carrying remain in effect until changed. adjusted North Atlantic swordfish quota forward 75.1 mt dw to be added to the

VerDate Sep<11>2014 21:58 Sep 30, 2020 Jkt 253001 PO 00000 Frm 00069 Fmt 4700 Sfmt 4700 E:\FR\FM\01OCR1.SGM 01OCR1 jbell on DSKJLSW7X2PROD with RULES 61874 Federal Register / Vol. 85, No. 191 / Thursday, October 1, 2020 / Rules and Regulations

75.2 mt dw baseline quota. The quota is outlined above, resulting in an adjusted mt dw for the 2020 fishing year (Table then reduced by the 75.2 mt dw of South Atlantic swordfish quota of 75.1 1). annual international quota transfers

TABLE 1—2020 NORTH AND SOUTH ATLANTIC SWORDFISH QUOTAS

2019 2020

North Atlantic Swordfish Quota (mt dw)

Baseline Quota ...... 2,937.6 2,937.6 International Quota Transfer ...... 0 0 Total Underharvest from Previous Year ...... 1,979 1,906.25 Underharvest Carryover from Previous Year † ...... (+) 440.6 (+) 440.6 Adjusted Quota ...... 3,378.2 3,378.2 Quota Allocation Directed Category ...... 3,028.2 3,028.2 Incidental Category ...... 300 300 Reserve Category ...... 50 50

South Atlantic Swordfish Quota (mt dw)

Baseline Quota ...... 75.2 75.2 International Quota Transfers * ...... (¥)75.2 (¥)75.2 Total Underharvest from Previous Year ...... 75.1 75.1 Underharvest Carryover from Previous Year † ...... 75.1 75.1 Adjusted quota ...... 75.1 75.1 † Allowable underharvest carryover is capped at 15 percent of the baseline quota allocation for the North Atlantic and 75.2 dw (100 mt ww) for the South Atlantic. * Under ICCAT Recommendation 17–03, the United States transfers 75.2 mt dw (100 mt ww) annually to Namibia (37.6 mt dw, 50 mt ww), Coˆte d’Ivoire (18.8 mt dw, 25 mt ww), and Belize (18.8 mt dw, 25 mt ww).

BFT Annual Quota and Adjustment 2019, the adjusted BFT quota was Classification Process 1,400.16 mt (baseline quota of 1,272.86 This action is being taken under the Consistent with the regulations mt + 127.3 mt of 2018 underharvest authority of the Magnuson-Stevens Act, regarding annual BFT quota adjustment carried over to 2019). The total 2019 section 304(g), and ATCA, section at § 635.27(a), NMFS annually BFT catch, including landings and dead 971d(c)(1)(A). announces the addition of available discards, was 1,185.11 mt, which is an The Assistant Administrator for underharvest, if any, to the BFT Reserve underharvest of 215.05 mt from the NMFS (AA) has determined that this category once complete catch 2019 adjusted quota and exceeds the temporary final rule is consistent with information is available and finalized. allowable carryover of 127.3 mt. When the Magnuson-Stevens Act, the 2006 NMFS implemented relevant carrying over underharvest from one Consolidated Atlantic HMS FMP and its provisions of the current ICCAT western year to the next, NMFS uses the amendments, ATCA, and other Atlantic BFT recommendation underharvest to augment the BFT applicable law. (Recommendation 17–06) in a final rule Reserve category quota. Thus, for 2020, Pursuant to section 553(b)(B) of the that published in October 2018 (83 FR NMFS augments the Reserve category Administrative Procedure Act (5 U.S.C. 51391, October 11, 2018). That quota with the allowable carryover of 553(b)(B)), the AA finds that it is rulemaking implemented the 127.3 mt. unnecessary and would be contrary to recommended annual U.S. baseline the public interest to provide prior quota of 1,247.86 mt, plus an additional The codified Reserve category quota is notice of, and an opportunity for public 25 mt to account for bycatch related to 29.5 mt. Effective February 5, 2020, comment on, this action for the reasons pelagic longline fisheries in the NMFS adjusted the Reserve category described below. Northeast Distant gear restricted area quota for 2020 to 143 mt by reallocating The rulemaking processes for (NED), for a total of 1,272.86 mt. The 164.5 mt of Purse Seine quota to the Amendment 7 to the 2006 Consolidated total annual U.S. BFT quota of 1,272.86 Reserve category (based on 2019 catch HMS FMP in 2015 (79 FR 71509, mt is codified at § 635.27(a) and will by Purse Seine category participants) December 2, 2014) and for the 2016 remain in effect until changed (for and also transferring 51 mt of Reserve North and South Atlantic Swordfish instance, if a new ICCAT western category quota to the General category Quota Adjustment Rule (81 FR 48719, Atlantic BFT TAC recommendation is (85 FR 6828, February 6, 2020). Effective July 26, 2016) specifically provided adopted). The maximum underharvest July 13, 2020, NMFS transferred 30 mt prior notice of, and accepted public that a Contracting Party may carry from the Reserve category quota to the comment on, the formulaic quota forward from one year to the next is 10 Harpoon category (85 FR 43148, July 16, adjustment processes for the northern percent of its initial catch quota, which, 2020), leaving a total of 113 mt in the albacore, Atlantic bluefin tuna, and for the United States, is 127.3 mt for Reserve category. Thus, as of the swordfish fisheries and the manner in 2020 (10 percent of 1,272.86 mt). effective date of this action (October 1, which they occur. These processes have not changed, and the application of 2020) the adjusted 2020 Reserve Adjustment of the 2020 BFT Reserve these formulas in this action does not category quota is 240.3 mt (113 mt + Category Quota have discretionary aspects requiring 127.3 mt). The United States is carrying forward additional agency consideration. Thus, the full, allowable 127.3 mt for 2020. In it would be unnecessarily duplicative to

VerDate Sep<11>2014 21:58 Sep 30, 2020 Jkt 253001 PO 00000 Frm 00070 Fmt 4700 Sfmt 4700 E:\FR\FM\01OCR1.SGM 01OCR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 191 / Thursday, October 1, 2020 / Rules and Regulations 61875

accept public comment for this action. This action is exempt from review FOR FURTHER INFORMATION CONTACT: There are no new quotas for 2020, and under Executive Order 12866. Steve Whitney, 907–586–7228. the quota formulas are the same as in This action does not contain a SUPPLEMENTARY INFORMATION: previous years. NMFS therefore is collection-of-information requirement NMFS issuing this temporary final rule to for purposes of the Paperwork manages the groundfish fishery in the adjust the northern albacore, North and Reduction Act. BSAI according to the Fishery South Atlantic swordfish, and western Because prior notice and opportunity Management Plan for Groundfish of the Atlantic BFT quotas for 2020 without for public comment are not required for Bering Sea and Aleutian Islands prior notice and an additional this rule by 5 U.S.C. 553, or any other Management Area (FMP) prepared by opportunity for comment. law, the analytical requirements of the the North Pacific Fishery Management There is good cause under 5 U.S.C. Regulatory Flexibility Act, 5 U.S.C. 601 Council under authority of the 553(d)(3) to waive the 30-day delay in et seq., are inapplicable. Magnuson-Stevens Fishery effective date and to make the rule Authority: 16 U.S.C. 971 et seq. and 1801 Conservation and Management Act. effective upon publication in the et seq. Regulations governing fishing by U.S. Federal Register. The fisheries for Dated: September 11, 2020. vessels in accordance with the FMP northern albacore, North and South Samuel D. Rauch III, appear at subpart H of 50 CFR part 600 Atlantic swordfish, and BFT began on and 50 CFR part 679. January 1, 2020. NMFS monitors Deputy Assistant Administrator for Regulatory Programs, National Marine The 2020 flathead sole, rock sole, and northern albacore, North and South Fisheries Service. yellowfin sole Amendment 80 Atlantic swordfish, and BFT annual catch and measures the annual catch [FR Doc. 2020–20399 Filed 9–30–20; 8:45 am] allocations of the TAC specified in the data against the applicable available BILLING CODE 3510–22–P BSAI are 14,414 metric tons (mt), 36,060 quotas. Delaying the effective date of mt, and 113,403 mt, respectively, as established by the final 2020 and 2021 these quota adjustments would affect DEPARTMENT OF COMMERCE reasonable opportunity to catch the harvest specifications for groundfish in available quotas. It could also cause National Oceanic and Atmospheric the BSAI (85 FR 13553, March 9, 2020). complications for management under Administration The 2020 flathead sole, rock sole, and certain circumstances. For example, yellowfin sole Amendment 80 ABC under the northern albacore fishery 50 CFR Part 679 reserves are 43,430 mt, 94,837 mt, and closure regulations, NMFS must close 98,425 mt, respectively, as established the fishery when the annual fishery [Docket No. 200221–0062; RTID 0648– by the final 2020 and 2021 harvest quota is reached. Closure of the fishery XA530] specifications for groundfish in the based only on the baseline (codified) Fisheries of the Exclusive Economic BSAI (85 FR 13553, March 9, 2020). quota versus the adjusted northern Zone Off Alaska; Exchange of Flatfish The Alaska Seafood Cooperative has albacore quota could preclude the in the Bering Sea and Aleutian Islands requested that NMFS exchange 1,530 mt fishery from harvesting northern Management Area of flathead sole Amendment 80 albacore that are legally available allocation of the TAC for 30 mt of rock consistent with the ICCAT AGENCY: National Marine Fisheries sole and 1,500 mt of yellowfin sole recommendations and the 2006 Service (NMFS), National Oceanic and Consolidated HMS FMP, as amended. Atmospheric Administration (NOAA), Amendment 80 ABC reserves under Adjusting the North and South Atlantic Commerce. § 679.91(i). Therefore, in accordance with § 679.91(i), NMFS exchanges 1,530 swordfish quota allows the United ACTION: Temporary rule; reallocation. States to take advantage of the ICCAT mt of flathead sole Amendment 80 allowance to carry over quota SUMMARY: NMFS is exchanging allocation of the TAC for 30 mt of rock underharvest and to comply with the allocations of Amendment 80 sole and 1,500 mt of yellowfin sole South Atlantic swordfish cooperative quota (CQ) for Amendment Amendment 80 ABC reserves in the recommendation’s obligation to transfer 80 acceptable biological catch (ABC) BSAI. This action also decreases and quota internationally. Adjusting the BFT reserves. This action is necessary to increases the TACs and Amendment 80 Reserve category as soon as possible allow the 2020 total allowable catch ABC reserves by the corresponding provides NMFS the flexibility to transfer (TAC) of flathead sole, rock sole, and amounts. Tables 11 and 13 of the final quota from the Reserve to other fishing yellowfin sole in the Bering Sea and 2020 and 2021 harvest specifications for categories inseason after considering the Aleutian Islands management area groundfish in the BSAI (85 FR 13553, regulatory determination criteria, (BSAI) to be harvested. March 9, 2020) and as revised (85 FR including fishery conditions at the time DATES: Effective September 28, 2020, 59204, September 21, 2020) are further of the transfer. through December 31, 2020. revised as follows:

TABLE 11—FINAL 2020 COMMUNITY DEVELOPMENT QUOTA (CDQ) RESERVES, INCIDENTAL CATCH AMOUNTS (ICAS), AND AMENDMENT 80 ALLOCATIONS OF THE ALEUTIAN ISLANDS PACIFIC OCEAN PERCH, AND BSAI FLATHEAD SOLE, ROCK SOLE, AND YELLOWFIN SOLE TACS [Amounts are in metric tons]

Pacific ocean perch Flathead sole Rock sole Yellowfin sole Sector Eastern Central Western Aleutian Aleutian Aleutian BSAI BSAI BSAI District District District

TAC ...... 10,613 8,094 10,000 17,845 47,005 152,500 CDQ ...... 1,136 866 1,070 1,962 4,915 16,425 ICA ...... 100 60 10 3,000 6,000 4,000

VerDate Sep<11>2014 21:58 Sep 30, 2020 Jkt 253001 PO 00000 Frm 00071 Fmt 4700 Sfmt 4700 E:\FR\FM\01OCR1.SGM 01OCR1 jbell on DSKJLSW7X2PROD with RULES