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Federal Register / Vol. 83, No. 79 / Tuesday, April 24, 2018 / Rules and Regulations

DEPARTMENT OF DEFENSE

DEPARTMENT OF COMMERCE

Defense Acquisition Regulations
System

National Oceanic and Atmospheric
Administration

48 CFR Part 237

50 CFR Part 300
[Docket No. 180417378–8379–01]

[Docket DARS–2018–0024]

RIN 0648–BH89

RIN 0750–AJ49

Defense Federal Acquisition
Regulation Supplement: Educational
Service Agreements (DFARS Case
2017–D039)

Magnuson-Stevens Fishery
Conservation and Management Act;
Lifting the Stay on Inclusion of Shrimp
and Abalone in the Seafood
Traceability Program
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; compliance date and
lift of stay.
AGENCY:

Defense Acquisition
Regulations System, Department of
Defense (DoD).

AGENCY:

ACTION:

Final rule; correction.

DoD is making a correction to
the docket number listed in the final
rule published on April 13, 2018, which
amended the Defense Federal
Acquisition Regulation Supplement
(DFARS) to remove limiting language
related to educational service
agreements. This correction will allow
DoD to make agreements that permit
payment for Masters of Laws degrees
and other legal training programs, in
accordance with applicable law,
regulation, and policy.

SUMMARY:

Effective April 24, 2018.
Applicable beginning April 13, 2018.

DATES:

Ms.
Jennifer Hawes, telephone 571–372–
6115.

FOR FURTHER INFORMATION CONTACT:

In the
final rule published at 83 FR 16004 on
April 13, 2018, on page 16004, in the
third column, the docket number cited
at the top of the document, DARS–
2018–0013, is corrected to read DARS–
2018–0024.

SUPPLEMENTARY INFORMATION:

Jennifer Lee Hawes,
Regulatory Control Officer, Defense
Acquisition Regulations System.
[FR Doc. 2018–08551 Filed 4–23–18; 8:45 am]

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NMFS issued a final rule on
December 9, 2016 to establish the
Seafood Traceability Program, also
known as the Seafood Import
Monitoring Program or SIMP.
Implementation of the Program for
shrimp and abalone species was stayed
indefinitely due to NMFS’
determination that current data
collection for shrimp and abalone
aquacultured in the U.S. is not
equivalent to the data that would have
been required to be reported for imports
of these products. The Consolidated
Appropriations Act of 2018 directed the
Secretary of Commerce, within 30 days
of enactment of the Act, to lift the stay
on the implementation of the Seafood
Traceability Program with respect to
shrimp and abalone. This rule informs
the affected public of the effective and
compliance dates for the reporting and
recordkeeping requirements, applicable
for imports of shrimp and abalone
species originating from both wild
capture fisheries and aquaculture
operations.

SUMMARY:

Effective date: The stay on 50
CFR 300.324(a)(3) is lifted effective May
24, 2018.
Compliance date: The compliance
date for this rule for the species
included at 50 CFR 300.324(a)(3) is
December 31, 2018.
FOR FURTHER INFORMATION CONTACT:
Celeste Leroux at (301) 427–8372 or
[email protected].
SUPPLEMENTARY INFORMATION: The
Seafood Traceability Program (see 50
CFR 300.320–300.325) is the first phase
of a risk-based traceability program,
which establishes permit, reporting and
recordkeeping requirements needed to
prevent illegally harvested and
misrepresented seafood from entering
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into U.S. Commerce. In the
development of the Seafood Traceability
Program rule, 13 ‘‘priority’’ species were
identified as being most at risk for
Illegal, Unreported, and Unregulated
(IUU) fishing and misrepresentation,
and are the only species currently
subject to this program. For two of those
species (abalone and shrimp), NMFS
stayed program requirements
indefinitely (50 CFR 300.324(a)(3)). See
81 FR 88975 (December 9, 2016). This
rule lifts that stay, effective May 24,
2018, and establishes a compliance date
of December 31, 2018 for shrimp and
abalone.
NMFS had stayed requirements for
abalone and shrimp because gaps
existed in the collection of traceability
information for domestic aquacultureraised shrimp and abalone, which is
currently largely regulated at the state
level. During development of the
Seafood Traceability Program, NMFS
explored the possibility of working with
its state partners to establish reporting
and recordkeeping requirements for
aquaculture traceability information that
could be shared with NMFS. However,
this did not prove to be a viable
approach. See 81 FR at 88977–78. In the
Seafood Import Monitoring Program
final rule, NMFS explained that ‘‘[A]t
such time that the domestic reporting
and recordkeeping gaps have been
closed, NMFS will then publish an
action in the Federal Register to lift the
stay of the effective date for
§ 300.324(a)(3) of the rule pertaining to
shrimp and abalone. Adequate advance
notice to the trade community would be
provided’’ to ensure all affected parties
have sufficient time to come into
compliance.
On March 23, 2018, the Consolidated
Appropriations Act of 2018 (Pub. L.
115–141) was signed by the President
and became law. Section 539 of Division
B of the Act directed the Secretary of
Commerce to, within 30 days, lift the
stay on the effective date of the final
rule for the Seafood Traceability
Program published by the Secretary on
December 9, 2016, (81 FR 88975) for the
species described in 50 CFR
300.324(a)(3), provided that the
compliance date for the species
described in 50 CFR 300.324(a)(3) shall
occur not later than December 31, 2018.
This rule implements the Act and
provides that shrimp and abalone will
be subject to the requirements of the
Seafood Traceability Program under 50
CFR 300.324(a)(3) effective May 24,
2018 with a compliance date December
31, 2018.
The Program consists of two
components: (1) Reporting of harvest
events at the time of entry; and (2)

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permitting and recordkeeping
requirements with respect to both
harvest events and chain of custody
information. See 50 CFR 300.324 and id.
§§ 300.320–300.323 and 300.325.
Application of the program’s reporting
and recordkeeping requirements to
shrimp and abalone will enable audits
of imports to be conducted to determine
the origin of the products and confirm
that they were lawfully acquired.
As of the December 31, 2018
compliance date established by this
rule, importers of shrimp and abalone
species will be required to obtain an
International Fisheries Trade Permit as
specified at 50 CFR 300.322, submit
harvest and landing information on
those products into the U.S. Customs
and Border Protection International
Trade Data System (ITDS) through the
Automated Commercial Environment
(ACE) portal prior to entry into U.S.
Commerce, and maintain supply chain
records from the point of harvest to the
point of entry into U.S. Commerce for a
period of two years after entry.
International Fishery Trade Permits are

currently available for issuance and it is
anticipated that ACE reporting will be
available for testing prior to the
compliance date. Prior to December 31,
2018, NMFS will publish a notice in the
Federal Register to inform interested
parties that ACE programming has been
completed to allow U.S. importers to
test software for ACE entry reporting for
shrimp and abalone. For products
harvested prior to the compliance date,
U.S. importers should work with their
foreign suppliers to ensure that the
harvest event and supply chain records
are available for any entries made on or
after December 31, 2018.
Domestic Aquaculture Rulemaking
Section 539 of Title V of Division B
of the Consolidated Appropriations Act
of 2018 (Pub. L. 115–141) also directed
the Secretary of Commerce to ‘‘. . .
establish a traceability program for
United States inland, coastal, and
marine aquaculture of shrimp and
abalone . . .’’ and by December 31,
2018 to ‘‘. . . promulgate such
regulations as are necessary and

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appropriate to establish and implement
the program.’’ Concurrent with the work
to develop import reporting
mechanisms, NMFS will develop
reporting and recordkeeping
requirements for domestic aquacultureraised shrimp and abalone.
Harmonized Tariff Schedule Codes
The Harmonized Tariff Schedule
(HTS) codes applicable to the products
subject to the requirements of this rule
may be revised from time to time by the
International Trade Commission. Any
such changes will be reflected in the
NMFS Implementation Guides for ACE
that are posted to the internet by the
U.S. Customs and Border Patrol (CBP).
Application of this rule to entries of fish
and fish products filed under the
following HTS codes will be mandatory
as of December 31, 2018, when these
shrimp and abalone HTS codes will be
designated in ACE as requiring a
complete Seafood Traceability Program
data set in order to obtain release of the
inbound shipment:

HTS code

Commodity description

306160003 ........
306160006 ........
306160009 ........
306160012 ........
306160015 ........
306160018 ........
306160021 ........
306160024 ........
306160027 ........
306160040 ........
306170003 ........
306170006 ........
306170009 ........
306170012 ........
306170015 ........
306170018 ........
306170021 ........
306170024 ........
306170027 ........
306170040 ........
1605211000 ......
1605291010 ......
1605291040 ......
1605211020 ......
1605211030 ......
1605211050 ......
306350020 ........

SHRIMP COLD-WATER SHELL-ON FROZEN <15.
SHRIMP COLD-WATER SHELL-ON FROZEN 15/20.
SHRIMP COLD-WATER SHELL-ON FROZEN 21/25.
SHRIMP COLD-WATER SHELL-ON FROZEN 26/30.
SHRIMP COLD-WATER SHELL-ON FROZEN 31/40.
SHRIMP COLD-WATER SHELL-ON FROZEN 41/50.
SHRIMP COLD-WATER SHELL-ON FROZEN 51/60.
SHRIMP COLD-WATER SHELL-ON FROZEN 61/70.
SHRIMP COLD-WATER SHELL-ON FROZEN >70.
SHRIMP COLD-WATER PEELED FROZEN.
SHRIMP WARM-WATER SHELL-ON FROZEN <15.
SHRIMP WARM-WATER SHELL-ON FROZEN 15/20.
SHRIMP WARM-WATER SHELL-ON FROZEN 21/25.
SHRIMP WARM-WATER SHELL-ON FROZEN 26/30.
SHRIMP WARM-WATER SHELL-ON FROZEN 31/40.
SHRIMP WARM-WATER SHELL-ON FROZEN 41/50.
SHRIMP WARM-WATER SHELL-ON FROZEN 51/60.
SHRIMP WARM-WATER SHELL-ON FROZEN 61/70.
SHRIMP WARM-WATER SHELL-ON FROZEN >70.
SHRIMP WARM-WATER PEELED FROZEN.
SHRIMPS AND PRAWNS, NOT IN AIRTIGHT CONTAINERS.
SHRIMPS AND PRAWNS, FROZEN, IN AIRTIGHT CONTAINERS.
SHRIMPS AND PRAWNS, PREPARED OR PRESERVED, IN AIRTIGHT CONTAINERS, OTHERS.
SHRIMPS AND PRAWNS, BREADED, FROZEN.
SHRIMPS AND PRAWNS, PREPARED OTHERS, FROZEN.
SHRIMPS AND PRAWNS, PREPARED OR PRESERVED, NOT IN AIRTIGHT CONTAINERS, OTHERS.
COLD-WATER SHRIMPS AND PRAWNS (PANDALUS SPP., CRANGON CRANGON), LIVE, FRESH OR CHILLED, SHELLON.
COLD-WATER SHRIMPS AND PRAWNS (PANDALUS SPP., CRANGON CRANGON), FRESH OR CHILLED, PEELED.
SHRIMPS AND PRAWNS, LIVE, FRESH OR CHILLED, SHELL-ON, OTHER THAN COLD-WATER.
SHRIMPS AND PRAWNS, FRESH OR CHILLED, PEELED, OTHER THAN COLD-WATER.
SHRIMPS AND PRAWNS, SHELL-ON, OTHERS.
SHRIMPS AND PRAWNS, PEELED, OTHERS.
PREPARED MEALS CONTAINING MEAT OF CRUSTACEANS, MOLLUSCS OR OTHER AQUATIC INVERTEBRATES,
OTHERS.
PRODUCTS CONTAINING MEAT OF CRUSTACEANS, MOLLUSCS OR OTHER AQUATIC INVERTEBRATES, OTHERS.
SHRIMP AND PRAWN PRODUCTS CONTAINING FISH MEAT; PREPARED MEALS NOT IN AIRTIGHT CONTAINERS.
ABALONE PRODUCTS PREPARED DINNERS.
ABALONE PREPARED/PRESERVED.
LIVE, FRESH OR CHILLED ABALONE (HALIOTIS SPP.).
FROZEN ABALONE (HALIOTIS SPP.).
OTHER ABALONE (HALIOTIS SPP.).

306350040 ........
306360020 ........
306360040 ........
306950020 ........
306950040 ........
1604200510 ......
1604200590 ......
1605210500 ......
1605570500 ......
1605576000 ......
307810000 ........
307830000 ........
307870000 ........

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Federal Register / Vol. 83, No. 79 / Tuesday, April 24, 2018 / Rules and Regulations

HTS code

Commodity description

307890000 ........
160557000 ........

ABALONE, NESOI.
ABALONE (HALIOTIS SPP.), PREPARED OR PRESERVED.

Stakeholder Engagement
As part of NOAA’s ongoing efforts to
provide industry awareness of and
support for compliance with the
Seafood Traceability Program’s
traceability data reporting and
recordkeeping requirements, NMFS will
hold in-person and virtual public
meetings to discuss the implementation
of the U.S. Seafood Traceability Program
and address questions from participants
regarding all species covered by the
Program, including shrimp and abalone.
Meetings will address issues relevant to
both foreign exporters and U.S.
domestic importers of seafood species
whose products are covered by the
Seafood Traceability Program.
Information on future Program
implementation meetings and
transcripts of prior meetings and
webinars can be found at http://
www.iuufishing.noaa.gov/
RecommendationsandActions/
RECOMMENDATION1415/
FinalRuleTraceability.aspx.

proposed rule stage of the Seafood
Traceability Program rulemaking. At
that time, the public had an opportunity
to comment both on the Program’s
requirements and on delayed
implementation of the Program for
shrimp and abalone. In the preamble to
the proposed rule, NMFS stated, ‘‘While
it remains NMFS’ full intention to
include shrimp and abalone in the final
rule, implementation of measures to
address those gaps [in domestic
reporting and recordkeeping
requirements for aquaculture-raised
shrimp and abalone] may affect the
timing of implementation of the
reporting and recordkeeping
requirements for imports of shrimp and
abalone. In particular, if gaps remain
unaddressed by the time of publication
of a final rule, NMFS intends to delay
implementation of the rule for shrimp
and abalone until such time as, working
with its state and federal partners, it is
able to determine that the gaps have
been addressed and publishes a notice
in the Federal Register specifying
implementation of this rule for those
species.’’ See 81 FR at 6212.
In addition, this final rule does not
change substantive requirements of the
Seafood Traceability Program. Rather, as
directed by statute (Consolidated
Appropriations Act of 2018, Pub. L.
115–141), it lifts the stay for species
(shrimp and abalone) described in 50
CFR 300.324(a)(3) and provides a
compliance date of December 31, 2018.
Later this year, NMFS will publish a
proposed rule establishing reporting and
recordkeeping requirements for
domestic producers of aquacultureraised shrimp and abalone, as directed
by Congress in Section 539 of Title V of
Division B of the Consolidated
Appropriations Act of 2018. At that
time, NMFS will provide the public
with an opportunity to comment on that
proposed rule.

Classification
The Assistant Administrator for
Fisheries, NOAA (AA) has determined
that this final action is consistent with
the Magnuson-Stevens Fishery
Conservation and Management Act and
other applicable laws.
The AA finds good cause under 5
U.S.C. 553(b)(B) to waive prior notice
and an opportunity for public comment
on this final action as they are
unnecessary because the public already
had such opportunity during the

Executive Orders 12866 and 13771 and
the Regulatory Flexibility Act
This final rule has been determined to
be not significant for purposes of
Executive Order 12866. This rule is not
an Executive Order 13771 regulatory
action because this rule is not
significant under Executive Order
12866.
NMFS prepared a Regulatory Impact
Review and Final Regulatory Flexibility
Analysis (RIR/FRFA) for the Seafood
Traceability Program which described

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Highly processed fish products (fish
oil, slurry, sauces, sticks, balls, cakes,
puddings, and other similar highly
processed fish products) for which the
species of fish comprising the product
or the harvesting event(s) or aquaculture
operation(s) of the product cannot be
feasibly identified are not subject to the
requirements of this rule. See 50 CFR
300.324(a)(1). Therefore, HTS codes for
such fish and fish products have not
been included in the lists above.
However, importers are advised to
determine if other NMFS program
requirements or other agency
requirements (e.g., State Department,
Food and Drug Administration) have
ACE data reporting requirements
applicable to HTS codes used for entry
filing, whether or not those codes have
been identified for the Seafood
Traceability Program.

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the Program, its economic impact on
small entities, and the legal basis for the
action. The RIR/FRFA included an
analysis of the economic impact of
adding shrimp and abalone to the
Program. Copies of the final RIR/FRFA
are available from NMFS (see
ADDRESSES).
Paperwork Reduction Act
This final rule contains a collectionof-information requirement subject to
review and approval by OMB under the
Paperwork Reduction Act (PRA). OMB
had previously approved the
information collection requirements for
the Seafood Traceability Program under
Control Number 0648–0739, but the
burden estimates did not include the
requirements for shrimp and abalone
given the stay. The requirements for
permitting, reporting and recordkeeping
for imports of shrimp and abalone will
be submitted to OMB for approval. In a
separate Federal Register notice, NMFS
will solicit public comment on the
information collection burden for the
shrimp and abalone requirements under
this rule.
Public comment will be sought
regarding: Whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information shall have
practical utility; the accuracy of the
burden estimate; ways to enhance the
quality, utility, and clarity of the
information to be collected; and ways to
minimize the burden of the collection of
information, including through the use
of automated collection techniques or
other forms of information technology.
Notwithstanding any other provision
of the law, no person is required to
respond to, and no person shall be
subject to penalty for failure to comply
with, a collection of information subject
to the requirements of the PRA, unless
that collection of information displays a
currently valid OMB control number.
List of Subjects in 50 CFR Part 300
Exports, Fisheries, Fishing, Fishing
vessels, Illegal, Unreported or
unregulated fishing, Foreign relations,
Imports, International trade permits,
Treaties.
Accordingly, 50 CFR part 300 is
amended as follows:

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PART 300—INTERNATIONAL
FISHERIES REGULATIONS

Authority: 16 U.S.C. 951 et seq., 16 U.S.C.
1801 et seq., 16 U.S.C. 5501 et seq., 16 U.S.C.
2431 et seq., 31 U.S.C. 9701 et seq.

1. The authority citation for part 300
continues to read as follows:

§ 300.324

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[Amended]

2. In § 300.324, the stay on paragraph
(a)(3) is lifted.

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Dated: April 19, 2018.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2018–08553 Filed 4–23–18; 8:45 am]
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