Federal Register / Vol. 65, No. 95 / Tuesday, May 16, 2000 / Proposed Rules 31131

Channel 291C3 at Kimberly, is located

on private property and not available for

commercial use. The petitioner did not

present any engineering showings to

establish the availability of an alternate

site. With this action, the proceeding is

terminated.

ADDRESSES: Federal Communications

Commission, Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT:

Nancy Joyner, Mass Media Bureau, (202)

418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 99–206,

adopted April 12, 2000, and released

April 25, 2000. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the FCC’s Reference

Information Center (Room CY–A257),

445 Twelfth Street, SW., Washington,

DC. The complete text of this decision

may also be purchased from the

Commission’s copy contractor,

International Transcription Service,

Inc., 1231 20th Street, NW.,

Washington, DC 20036, (202) 857–3800.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 00–12258 Filed 5–15–00; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[DA No. 00–921; MM Docket No. 99–338;

RM–9746]

Radio Broadcasting Services; Shiner,

TX

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule making;

withdrawal.

SUMMARY: This document dismisses a

petition for rule making filed by Elgin

FM Limited Partnership requesting the

allotment of Channel 232C3 at Shiner,

Texas. See 64 FR 68662, December 8,

1999. Elgin FM Limited Partnership

withdrew its interest in the allotment of

Channel 232C3 at Shiner, Texas. With

this action, this proceeding is

terminated.

FOR FURTHER INFORMATION CONTACT:

Kathleen Scheuerle, Mass Media

Bureau, (202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Report

and Order, MM Docket No. 99–338,

adopted April 19, 2000, and released

April 25, 2000. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the Commission’s

Reference Center, 445 Twelfth Street,

SW., Washington, DC. The complete

text of this decision may also be

purchased from the Commission’s copy

contractors, International Transcription

Services, Inc., 1231 20th Street, NW.,

Washington, DC 20036, (202) 857–3800,

facsimile (202) 857–3805.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 00–12257 Filed 5–15–00; 8:45 am]

BILLING CODE 6712–01–U

DEPARTMENT OF DEFENSE

Defense Logistics Agency

48 CFR Parts 5433 and 5452

DLA Acquisition Directive: Alternative

Dispute Resolution

AGENCY: Defense Logistics Agency

(DLA), Defense.

ACTION: Proposed rule.

SUMMARY: This proposed rule would add

a new provision to DLA solicitations

concerning the use of alternative

dispute resolution (ADR). The purpose

is to establish ADR as the initial dispute

resolution method, except for certain

circumstances, to increase cooperative

problem solving and reduce litigation.

The provision would be optional for

offerors; however, if they agreed to the

provision, both the contractor and DLA

would be committed to use ADR except

in limited circumstances. Increased use

of ADR is consistent with the

Administrative Dispute Resolution Act,

the Federal Acquisition Regulation

(FAR), and Departmental policy.

DATES: Comments due on or before June

15, 2000.

ADDRESSES: Send written comments to

Ms. Mary Massaro, Defense Logistics

Agency, DLSC–PPP, Headquarters

Center, 8725 John J. Kingman Road,

Suite 3147, Fort Belvoir, VA 22060–

6221, or via email to

mary_massaro@hq.dla.mil.

FOR FURTHER INFORMATION CONTACT: Ms.

Mary Massaro, Procurement Analyst,

Defense Logistics Agency, DLSC–PPP, at

(703) 767–1366.

SUPPLEMENTARY INFORMATION:

A. Background. DLA is pursuing

several initiatives to increase the use of

ADR in resolving contract disputes. One

way to increase use of ADR is for the

parties to agree, as part of the contract,

that they will use ADR before initiating

litigation. This type of approach is used

by DoD in partnering agreements and

Agency-contractor ADR pacts.

The proposed provision provides a

vehicle for both parties to agree to use

ADR. Offeror can opt out of the

provision by checking the box if they do

not want it in their contract in the event

of award. Offerors can also propose

alternate wording to tailor the language

while retaining the concept. Despite the

fact that wording can be individually

negotiated, DLA is seeking public

comments to arrive at optimal language

and to partner with industry in

developing this provision.

B. Regulatory Flexibility Act. This

proposed rule does not have a

significant economic impact on a

substantial number of small entities

within the meaning of the Regulatory

Flexibility Act, 5 USC 601 et seq. An

initial regulatory flexibility analysis was

not performed.

C. Paperwork Reduction Act. This

notice does not impose any new

reporting or record keeping

requirements that require the approval

of OMB under 44 USC 3501 et seq.

List of Subjects in 48 CFR Parts 5433

and 5452

Government procurement.

For the reasons set forth above, the

Defense Logistics Agency proposes to

amend 48 CFR Chapter 54 as follows:

1. Part 5433 is added to read as

follows:

PART 5433—PROTESTS, DISPUTES

AND APPEALS

Authority: 10 U.S.C. Chapter 137

§ 5433.214. Contract Clause: Agreement to

Use Alternative Dispute Resolution.

The contracting officer shall insert the

provision in 5452.233 in all solicitations

unless the conditions at FAR 33.203(b)

apply.

PART 5452—SOLICITATION

PROVISIONS AND CONTRACT

CLAUSES

2. The authority citation for Part 5452

continues to read as follows:

Authority: 10 U.S.C. Chapter 137

3. Part 5452 is amended by adding

contract clause 5452.233–9001 to read

as follows:

31132 Federal Register / Vol. 65, No. 95 / Tuesday, May 16, 2000 / Proposed Rules

5452.233–9001 Disputes: Agreement to

Use Alternative Dispute Resolution

(ADR).

As prescribed in 5433.214, insert the

following clause:

DISPUTES: AGREEMENT TO USE

ALTERNATIVE DISPUTE RESOLUTION

(ADR) xxx 2000)—DLAD

(a) The parties agree to use their best efforts

to resolve any disputes that may arise

without litigation. If unassisted negotiations

are unsuccessful, the parties will use ADR

techniques in an attempt to resolve the

dispute. Litigation will only be considered as

a last resort when ADR is unsuccessful or has

been documented by the party rejecting ADR

to be inappropriate for resolving the dispute.

If the ADR is not successful, the parties retain

their existing rights.

(b) If you wish to opt out of this clause,

check here [ ]. Alternate wording may be

negotiated with the contracting officer.

William J. Kenny,

Executive Director, Logistics Policy and

Acquisition Management.

[FR Doc. 00–12106 Filed 5–15–00; 8:45 am]

BILLING CODE 3620–01–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 622

[Docket No. 000503121–0121–01; I.D.

030600A]

RIN 0648–AN07

Fisheries of the Caribbean, Gulf of

Mexico, and South Atlantic; Coastal

Migratory Pelagic Resources of the

Gulf of Mexico and South Atlantic;

Catch Specifications

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Proposed rule, request for

comments.

SUMMARY: In accordance with the

framework procedure for adjusting

management measures (framework

procedure) of the Fishery Management

Plan for the Coastal Migratory Pelagic

Resources of the Gulf of Mexico and

South Atlantic (FMP), NMFS proposes

the following: Increase the annual total

allowable catch (TAC) and increase the

commercial trip limit off the southeast

coast of Florida for Atlantic group king

mackerel; increase the TAC, modify the

commercial trip limits applicable off

Florida, and increase the recreational

bag limit for Atlantic group Spanish

mackerel; and incorporate into the FMP

biomass-based values for maximum

sustainable yield (MSY) and stock status

determination criteria in compliance

with the requirements of the Sustainable

Fisheries Act of 1996, which amended

the Magnuson-Stevens Fisheries

Conservation and Management Act

(Magnuson-Stevens Act). The intended

effects of this rule are to maintain

healthy stocks of king and Spanish

mackerel while still allowing catches by

important commercial and recreational

fisheries.

DATES: Comments must be received no

later than 5 p.m., eastern standard time,

on May 31, 2000.

ADDRESSES: Written comments on the

proposed rule must be mailed to the

Southeast Regional Office, NMFS, 9721

Executive Center Drive N., St.

Petersburg, FL 33702. Comments may

also be sent via fax to 727–570–5583.

Comments will not be accepted if

submitted via e-mail or the Internet.

Requests for copies of the South

Atlantic Fishery Management Council’s

frame work recommendations for

adjustment of harvest levels and related

matters, which includes an

environmental assessment, social

impact assessment/fishery impact

statement, and regulatory impact

review, should be sent to the South

Atlantic Fishery Management Council,

One Southpark Circle, Suite 306,

Charleston, SC 29407-4699; telephone:

843-571-4366; fax: 843-769-4520; e-mail:

safmc@noaa.gov.

FOR FURTHER INFORMATION CONTACT: Dr.

Steve Branstetter; telephone: 727-570-

5305; fax: 727–570–5583; e-mail:

Steve.Branstetter@noaa.gov.

SUPPLEMENTARY INFORMATION: The

fisheries for coastal migratory pelagic

resources are regulated under the FMP.

The FMP was prepared jointly by the

Gulf of Mexico and South Atlantic

Fishery Management Councils and was

approved and implemented by NMFS

through regulations at 50 CFR part 622.

In accordance with the framework

procedure, the South Atlantic Fishery

Management Council (Council)

recommended to the Regional

Administrator, Southeast Region, NMFS

(RA), management measure changes

relating to Atlantic migratory groups of

king and Spanish mackerel. The

recommended changes are within the

scope of the management measures that

may be adjusted under the framework

procedure, as specified in 50 CFR

622.48.

Proposed TACs, Allocations, and

Quotas

The Council proposed an increase in

annual TAC from 8.40 million lb (3.81

million kg) to 10.00 million lb (4.54

million kg) for Atlantic group king

mackerel. The commercial quota would

be 3.71 million lb (1.68 million kg) and

the recreational allocation would be

6.29 million lb (2.85 million kg). The

Council proposed an increase in annual

TAC from 6.60 million lb (2.99 million

kg) to 7.04 million lb (3.19 million kg)

for Atlantic migratory group Spanish

mackerel. The commercial quota would

be 3.87 million lb (1.76 million kg) and

the recreational allocation would be

3.17 million lb (1.44 million kg).

Consistent with the framework

procedure, these proposed TACs are

within the range of the acceptable

biological catch established by the

Council. The Council believes these

TACs represent a conservative

management approach, as supported by

its Scientific and Statistical Committee

and Mackerel Advisory Panel, and are

consistent with the attainment of

optimum yield (OY) for Atlantic group

king and Spanish mackerel, as provided

by the FMP. The resulting commercial

quotas and recreational allocations

would be higher than recent harvest

levels; consequently, no early or

unexpected fishery closures or quota/

allocation overruns would be likely.

Commercial Vessel Trip Limits

The commercial sectors of the king

and Spanish mackerel fisheries are

managed under both quotas and trip

limits. The Council proposed an

increase in the trip limit applicable off

the southeast coast of Florida (Brevard

through Miami-Dade Counties) from 50

to 75 fish per day from April 1 though

October 31 for Atlantic group king

mackerel. Landings records for the

southeast coast of Florida indicate that

as many as 10 to 12 percent of all trips

land 40 fish or more per trip, and a

relatively small proportion of trips (3 to

10 percent) land fish in excess of the

trip limit. An increase in landings per

trip would be expected to increase the

net benefits per trip. It is unlikely that

this proposed increase in the trip limit

would cause an earlier closure of the

fishery given the increased TAC for

Atlantic group king mackerel.

The Council proposed to change the

commercial trip limits applicable to the

fishery off Florida for Atlantic group

Spanish mackerel. Currently, the trip

limits south of the Georgia/Florida

boundary are as follows: From April 1

through October 31 - 1,500 lb (680 kg);

from November 1 until 75 percent of the

adjusted quota is taken, no trip limit on

Monday, Wednesday, and Friday, and

1,500 lb (680 kg) on other days; after 75

percent of the adjusted quota is taken

until 100 percent is taken - 1,500 lb (680