        DEPARTMENT OF THE INTERIOR
        Fish and Wildlife Service
        50 CFR Part 92
        [Docket No. FWS-R7-MB-2009-0082; 91200-1231-9BPP-L2]
        RIN 1018-AW67
        Migratory Bird Subsistence Harvest in Alaska; Harvest Regulations for Migratory Birds in Alaska During the 2010 Season

          AGENCY:
          Fish and Wildlife Service, Interior.

          ACTION:
          Proposed rule; reopening of public comment period.

          SUMMARY:
          We, the U.S. Fish and Wildlife Service, are reopening the public comment period on our proposed rule to establish migratory bird subsistence harvest regulations in Alaska for the 2010 season. This action will allow all interested parties an additional opportunity to comment on our proposal.

          DATES:

            Public comments: We will accept comments received or postmarked on or before February 18, 2010.

          ADDRESSES:

            Public comments: You may submit comments by one of the following methods:
          • Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments to Docket No. FWS-R7-MB-2009-0082.
          • U.S. mail or hand-delivery: Public Comments Processing, Attn: FWS-R7-MB-2009-0082; Division of Policy and Directives Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, Suite 222; Arlington, VA 22203.

          We will not accept e-mail or faxes. We will post all comments on http://www.regulations.gov. This generally means that we will post any personal information you provide us (see the Public Comments section below for more information).

          FOR FURTHER INFORMATION CONTACT:
          Fred Armstrong, (907) 786-3887, or Donna Dewhurst, (907) 786-3499, U.S. Fish and Wildlife Service, 1011 E. Tudor Road, Mail Stop 201, Anchorage, AK 99503.

        SUPPLEMENTARY INFORMATION:

        Background

        We, the U.S. Fish and Wildlife Service, published a proposed rule in the Federal Register on November 20, 2009 (74 FR 60228), to propose migratory bird subsistence harvest regulations in Alaska for the 2010 season. The proposed regulations would enable the continuation of customary and traditional subsistence uses of migratory birds in Alaska and prescribe regional information on when and where the harvesting of birds may occur. These proposed regulations were developed under a co-management process involving the Service, the Alaska Department of Fish and Game, and Alaska Native representatives. The rulemaking is necessary because the regulations governing the subsistence harvest of migratory birds in Alaska are subject to annual review. This rulemaking proposes region-specific regulations that would go into effect on April 2, 2010, and expire on August 31, 2010.

        We are extending the public comment period on our proposed rule (see
          DATES section) in response to a request for additional time to comment that we received during the initial public comment period. The initial public comment period for the proposed rule ended on January 19, 2010. The revised comment period ends on February 18, 2010. If you submitted comments previously, then you do not need to resubmit them because we have already incorporated them into the public record and we will fully consider them in preparation of our final determination.
        Public Comments

        You may submit your comments and materials concerning this proposed rule by one of the methods listed in the ADDRESSES section. We will not accept comments sent by e-mail or fax or to an address not listed in the ADDRESSES section. We will not consider hand-delivered comments that we do not receive, or mailed comments that are not postmarked, by the date specified in the DATES section.

        We will post your entire comment—including your personal identifying information—on http://www.regulations.gov. If you provide personal identifying information in your comment, you may request at the top of your document that we withhold this information from public review. However, we cannot guarantee that we will be able to do so.

        Comments and materials we receive, as well as supporting documentation we used in preparing this proposed rule, will be available for public inspection on http://www.regulations.gov, or by appointment, during normal business hours, at the U.S. Fish and Wildlife Service, Office of the Alaska Migratory Bird Co-management Council, 1011 E. Tudor Rd., Anchorage, AK 99503, (877) 229-2344.
        Author(s)
        The primary authors of this package are the staff members of the Office of the Alaska Migratory Bird Co-Management Council.
        Authority
        We derive our authority to issue these regulations from the Migratory Bird Treaty Act of 1918, 16 U.S.C. 712(1), which authorizes the Secretary of the Interior, in accordance with the treaties with Canada, Mexico, Japan, and Russia, to “issue such regulations as may be necessary to assure that the taking of migratory birds and the collection of their eggs, by the indigenous inhabitants of the State of Alaska, shall be permitted for their own nutritional and other essential needs, as determined by the Secretary of the Interior, during seasons established so as to provide for the preservation and maintenance of stocks of migratory birds.”

          Dated: January 12, 2010.
          Thomas L. Strickland,
          Assistant Secretary for Fish and Wildlife and Parks.

      [FR Doc. 2010-1344 Filed 1-22-10; 8:45 am]
      BILLING CODE 4310-55-P


        ENVIRONMENTAL PROTECTION AGENCY
        40 CFR Part 141
        [FRL-9994-44-OW]
        Notification of a Public Meeting and Webinar: Development of the Fifth Proposed Unregulated Contaminant Monitoring Rule (UCMR 5) for Public Water Systems

          AGENCY:
          Environmental Protection Agency (EPA).

          ACTION:
          Announcement of a public meeting and webinar.

          SUMMARY:
          The U.S. Environmental Protection Agency (EPA or Agency) Office of Ground Water and Drinking Water, Standards and Risk Management Division's Technical Support Center announces a public meeting and webinar to discuss potential approaches to developing the proposal for the fifth Unregulated Contaminant Monitoring Rule (UCMR 5) for public drinking water systems. The EPA will discuss issues related to UCMR 5, including: The impacts of the America's Water Infrastructure Act of 2018; analytical methods and analytes the Agency is considering, including per- and polyfluoroalkyl substances (PFAS); sampling design; minimum reporting levels; and other possible requirements.

          DATES:

          The EPA will hold the public meeting and webinar on July 16, 2019, from 9 a.m. to 5 p.m. (local time) in Cincinnati, Ohio. Persons wishing to attend the meeting in-person or online via the webinar must register in advance no later than July 11, 2019, as described in the SUPPLEMENTARY INFORMATION section of this document.

          ADDRESSES:

          The public meeting will be held at the U.S. Environmental Protection Agency, 26 West Martin Luther King Drive, Cincinnati, Ohio 45268. Information about attending the meeting in-person can be found in the SUPPLEMENTARY INFORMATION section (of this document).

          FOR FURTHER INFORMATION CONTACT:

          Members of the public who wish to receive further information about the meeting and webinar or have questions about this document should contact Brenda Bowden or Melissa Simic, Technical Support Center, Standards and Risk Management Division, Office of Ground Water and Drinking Water (MS 140), U.S. Environmental Protection Agency, 26 West Martin Luther King Drive, Cincinnati, Ohio 45268; telephone numbers: (513) 569-7961 or (513) 569-7864; email addresses: bowden.brenda@epa.gov or simic.melissa@epa.gov. Information about registration and participation in the meeting and webinar can be found in the SUPPLEMENTARY INFORMATION section (of this document) and on the EPA's Unregulated Contaminant Monitoring Program Meetings and Materials website at: https://www.epa.gov/dwucmr/unregulated-contaminant-monitoring-rule-ucmr-meetings-and-materials.

        SUPPLEMENTARY INFORMATION:
        I. General Information
        A. How may I participate in this meeting?

        Persons wishing to attend the meeting in-person or online via the webinar must register in advance no later than July 11, 2019, by going to: https://www.eventbrite.com/e/public-meeting-and-webinar-development-of-the-proposed-unregulated-contaminant-monitoring-rule-ucmr-tickets-60889170147. The agenda for the public meeting and webinar will include time for public statements. To ensure adequate time for public statements, individuals or organizations interested in providing input should mention their request when they register. All presentation materials should be emailed to UCMRWebinar@cadmusgroup.com no later than July 11, 2019, so that the information can be incorporated into the webinar. We ask that only one person present the statement on behalf of a group or organization and that the statement be limited to ten minutes. Additional statements from attendees will be taken if time permits or can be sent to UCMRWebinar@cadmusgroup.com after the public meeting and webinar. The number of seats and webinar connections available for the meeting is limited and will be available on a first-come, first-served basis.

        Because this meeting is being held at a U.S. Government facility, individuals planning to attend the meeting in-person should be prepared to show valid photo identification to the security staff in order to gain access to the meeting room. Please note that the REAL ID Act, passed by Congress in 2005, established new requirements for entering federal facilities. For purposes of the REAL ID Act, the EPA will accept government-issued IDs, including driver's licenses, from the District of Columbia and all States and Territories except from American Samoa. If your identification is issued by American Samoa, you must present an additional form of identification to enter the federal building where the public meeting will be held. Acceptable alternative forms of identification include: Federal employee badges, passports, enhanced driver's licenses, and military identification cards. For additional information on the status of your State regarding REAL ID, go to: https://www.dhs.gov/real-id-frequently-asked-questions. Any objects brought into the building need to fit through the security screening system, such as a purse, laptop bag, or small backpack. Demonstrations will not be allowed on federal property for security reasons. This meeting will be simultaneously broadcast as a webinar, available through the internet.
        B. How can I get a copy of the meeting and webinar materials?

        The meeting materials will be sent by email to the registered attendees prior to the public meeting and webinar; copies will also be provided for attendees at the meeting. Materials will be posted to the EPA's website at: (https://www.epa.gov/dwucmr/unregulated-contaminant-monitoring-rule-ucmr-meetings-and-materials) following the meeting.

        C. Special Accommodations

        Individuals with disabilities who wish to attend the meeting in-person can request special accommodations by contacting UCMRWebinar@cadmusgroup.com no later than July 11, 2019.
        II. Background
        The Safe Drinking Water Act requires the EPA to promulgate rules requiring monitoring of drinking water supplied by public water systems and establishing criteria every five years for a monitoring program for unregulated contaminants in drinking water. The EPA published the fourth Unregulated Contaminant Monitoring Rule (UCMR 4) on December 20, 2016 (81 FR 92666). The EPA plans to propose the fifth rule, UCMR 5, which is the subject of this meeting, in 2020 and publish the final rule by December 2021. In the EPA's Per- and Polyfluoroalkyl Substances (PFAS) Action Plan, published in February 2019, the Agency stated the EPA's intention to propose monitoring for PFAS in UCMR 5, utilizing newer methods at lower minimum reporting levels than previously possible.
        UCMR monitoring varies based on system size, source water, and contaminants likely to be found. Under current EPA regulations, all systems serving more than 10,000 people must monitor for specified unregulated contaminants, while only a representative sample of systems serving 10,000 or fewer persons must monitor (40 CFR part 141, subpart E). Section 1445 of the Safe Drinking Water Act was recently amended by Public Law 115-270, America's Water Infrastructure Act of 2018 (AWIA), and now specifies that, subject to the availability of appropriations for such purpose and appropriate laboratory capacity, the EPA must require all systems serving between 3,300 and 10,000 persons to monitor and ensure that only a representative sample of systems serving fewer than 3,300 persons are required to monitor.

          Dated: May 17, 2019.
          Jennifer L. McLain,
          Acting Director, Office of Ground Water and Drinking Water.

      [FR Doc. 2019-11168 Filed 5-29-19; 8:45 am]
      BILLING CODE 6560-50-P


        DEPARTMENT OF COMMERCE
        National Oceanic and Atmospheric Administration
        50 CFR Part 622
        [I.D. 090302C]
        Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Draft Amendment to the Fishery Management Plan (FMP) for the Reef Fish Resources of the Gulf of Mexico to Establish a Red Snapper Rebuilding Plan; Proposed Amendment 13 to the FMP for the Shrimp Resources of the Gulf of Mexico; Scoping Meeting

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

          ACTION:
           Notice of intent; amendment; notice of scoping meeting; request for comments.

          SUMMARY:

           The purpose of this document is to amend two documents published in the Federal Register on August 19, 2002.  The first notice referenced the intent of the Gulf of Mexico Fishery Management Council (Gulf Council) to prepare a draft supplemental environmental impact statement (DSEIS) in association with proposed Amendment 13 to the Gulf Shrimp FMP.  The second notice referenced the Gulf Council's intent to prepare a DSEIS in association with a draft amendment to the Reef Fish FMP to establish a red snapper rebuilding plan.
          Both of those documents provided a schedule of eight public meetings organized by the Gulf Council to solicit public input on the range of alternatives and scope of impacts to be analyzed in the two DSEISs.  This document amends the notices to add a ninth scoping meeting to that schedule.

          DATES:

           As specified in the notices published at 67 FR 53769 and 67 FR 53771, written comments on the scope of issues to be addressed in the two DSEISs must be received by the Council by September 18, 2002.  See the SUPPLEMENTARY INFORMATION section of this document for the specific date and time of the ninth scoping meeting added through this action.

          ADDRESSES:

           Written comments on the scope of the DSEISs, and requests for additional information on the draft red snapper rebuilding plan and on proposed Amendment 13, should be sent to the Gulf of Mexico Fishery Management Council, The Commons at Rivergate, 3018 U.S. Highway 301 North, Suite 1000, Tampa, FL  33619; telephone:   813-228-2815; fax: 813-225-7015.  Comments may also be sent by e-mail to Peter.Hood@gulfcouncil.org.  See the SUPPLEMENTARY INFORMATION section of this document for the address of the ninth scoping meeting added through this action.

          FOR FURTHER INFORMATION CONTACT:
           Peter Hood; phone:   813-228-2815; fax: 813-225-7015; e-mail:   Peter.Hood@gulfcouncil.org or Phil Steele; phone: 727-570-5305; fax: 727-570-5583; e-mail:  Phil.Steele@noaa.gov.

        SUPPLEMENTARY INFORMATION:
        The Gulf Council is considering amendments to two FMPs.  Proposed Amendment 13 would establish stock status determination criteria for managed shrimp stocks in the Gulf of Mexico.  Amendment 13 may also consider management alternatives related to adding rock shrimp to the management unit of the shrimp FMP, requiring endorsements for vessels harvesting rock shrimp and royal red shrimp in the exclusive economic zone (EEZ) of the Gulf of Mexico, requiring vessel monitoring systems aboard shrimp trawl vessels fishing in or transiting all or some portions of the Gulf of Mexico EEZ, improving bycatch reporting, and further reducing bycatch in the shrimp fishery.  The draft amendment to the Reef Fish FMP would establish a red snapper rebuilding plan that is based on biomass-based stock rebuilding targets and thresholds.

        Through two separate documents published August 19, 2002 (67 FR 53769 and 67 FR 53771), the Gulf Council notified the public of its intent to develop a DSEIS associated with proposed Amendment 13 and with the draft red snapper rebuilding plan.  Those documents also provided a schedule of eight scoping meetings organized by the Council to solicit input from the public on the range of alternatives and scope of issues to be considered in those DSEISs.  The scoping meetings for these two actions will run concurrently.
        The purpose of this action is to notify the public that an additional scoping meeting has been added to the series published in 67 FR 53769 and in 67 FR 53771.  The date and location of that meeting is as follows:
        Monday, September 30, 2002, NMFS Panama City Laboratory, 3500 Delwood Beach Road, Panama City, FL; telephone: (850-234-6541).

        The scoping meeting will begin at 6 p.m.  The first portion of the meeting will be allocated to taking public comments on proposed Amendment 13.  Scoping for the draft red snapper rebuilding amendment will commence immediately thereafter.  The meeting will be physically accessible to people with disabilities.  Requests for sign language interpretation or other auxiliary aids should be directed to Peter Hood at the Council (see ADDRESSES).
        The notifications published at 67 FR 53769 and 67 FR 53771 provide detailed information on additional opportunities for public comment associated with the publication of the draft and final SEISs.

          Dated: September 5, 2002
          Virginia M. Fay,
          Acting Director,Office of Sustainable Fisheries,National Marine Fisheries Service.

      [FR Doc. 02-23097 Filed 9-11-02; 8:45 am]
      BILLING CODE 3510-22-S


        FEDERAL COMMUNICATIONS COMMISSION
        47 CFR Part 51
        [CC Docket No. 01-318, CC Docket No. 98-56, CC Docket No. 98-157, CC Docket No. 96-98, CC Docket No. 98-141; DA 01-2859]
        Performance Measurements and Standards for Unbundled Network Elements and Interconnection

          AGENCY:
          Federal Communications Commission.

          ACTION:
          Proposed rule; extension of comment period.

          SUMMARY:
          This document grants a motion requesting an extension of the comment period established in the above-captioned docket. The order grants a 21-day extension to both the comment and reply comment deadlines.

          DATES:
          Comments are due January 22, 2002 and Reply Comments are due February 12, 2002.

          FOR FURTHER INFORMATION CONTACT:
          Cathy Carpino, Attorney Advisor, Policy and Program Planning Division, Common Carrier Bureau, (202) 418-1580.

        SUPPLEMENTARY INFORMATION:
        1. On November 19, 2001, the Commission released a Notice of Proposed Rulemaking (66 FR 59759 (November 30, 2001)) establishing the pleading cycle for comments and reply comments in the above-captioned docket. The deadline for comments was established as December 31, 2001, and January 22, 2002 for reply comments.

        2. On December 3, 2001, the United States Telecom Association (USTA) filed a Motion for Extension of Time to extend the date for comments and reply comments by 30 days. According to USTA, it seeks this extension to permit its membership the opportunity “to undertake the dialogue necessary to pursue an industry wide solution” to unbundled network element (UNE) performance standards in response to the UNE Measurements and Standards Notice. USTA argues that the current comment schedule, which, it notes, falls within the upcoming holiday season, would not provide USTA's members an adequate opportunity to consider the issues raised in this proceeding and that an extension would not prejudice the interests of other parties.

        3. On December 4, 2001, BellSouth Corporation (BellSouth) filed comments in support of USTA's extension request, noting that during this holiday season, many of BellSouth's personnel who are necessary to address the issues raised in this proceeding are often unavailable. BellSouth argues that affording the parties additional time to prepare comments will facilitate the development of a more complete record that will, in turn, enable the Commission to conclude this proceeding in a reasonable and timely manner. On December 5, 2001, the Competitive Telecommunications Association (CompTel) filed similar comments in support of the USTA Motion. Like BellSouth, CompTel contends that a modest extension of the comment period would permit interested parties to provide more substantive and complete comments on the complex issues raised in the UNE Measurements and Standards Notice. CompTel argues that the subject matter about which the Commission requested comment will require a great deal of inter-company coordination between operations, engineering, provisioning and policy experts to provide the Commission with the most useful information. CompTel notes that the upcoming holiday season will only exacerbate an undertaking that will already be complicated by the dispersion of expertise within the organizations of both competitive and incumbent carriers.

        4. It is the policy of the Commission that extensions of time are not routinely granted. In this instance, however, the Bureau finds that USTA, BellSouth, and CompTel have shown good cause for a limited extension of the deadline for filing comments and reply comments in this proceeding. Because of the complexity and the sheer number of issues presented in the UNE Measurements and Standards Notice, the Commission's desire to obtain a complete record with input from both carriers and state public utility commissions, and the impending holiday season, a 21-day extension is granted for both comments and reply comments from the dates those comments were due initially.

        5. Accordingly, pursuant to authority found in section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), and sections 0.91, 0.291 and 1.46 of the Commission's rules, 47 CFR 0.91, 0.291, 1.46, USTA's Motion for Extension of Time is granted to the extent described herein to establish a new comments deadline of January 22, 2002 and reply comments deadline of February 12, 2002.

          Federal Communications Commission.
          Michelle M. Carey,
          Chief, Policy and Program Planning Division.

      [FR Doc. 01-30984 Filed 12-14-01; 8:45 am]
      BILLING CODE 6712-01-P


        DEPARTMENT OF DEFENSE
        GENERAL SERVICES ADMINISTRATION
        NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
        48 CFR Parts 12, 23, 42, and 52
        [FAR Case 2005-039; Docket 2007-0001; Sequence 2]
        RIN 9000-AK69
        Federal Acquisition Regulation; FAR Case 2005-039, Use of Products Containing Recovered Materials In Service and Construction Contracts

          AGENCIES:
          Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA).

          ACTION:
          Proposed rule.

          SUMMARY:

          The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to clarify language within the FAR on the use of products containing recovered materials, pursuant to the Resource Conservation and Recovery Act of 1976, and Executive Order 13101 “Greening the Government Through Waste Prevention, Recycling, and Federal Acquisition.”

          DATES:
          Interested parties should submit written comments to the FAR Secretariat on or before July 2, 2007 to be considered in the formulation of a final rule.

          ADDRESSES:
          Submit comments identified by FAR case 2005-039 by any of the following methods:
          • Federal eRulemaking Portal: http://www.regulations.gov.  Search for any document by first selecting the proper document types and selecting “Federal Acquisition Regulation” as the agency of choice.  At the “Keyword” prompt, type in the FAR case number (for example, FAR Case 2006-001) and click on the “Submit” button.  Please include any personal and/or business information inside the document.
          You may also search for any document by clicking on the “Advanced search/document search” tab at the top of the screen, selecting from the agency field “Federal Acquisition Regulation”, and typing the FAR case number in the keyword field.  Select the “Submit” button.
          • Fax:  202-501-4067.
          • Mail:  General Services Administration, Regulatory Secretariat (VIR), 1800 F Street, NW, Room 4035, ATTN:  Laurieann Duarte, Washington, DC 20405.

            Instructions:  Please submit comments only and cite FAR case 2005-039 in all correspondence related to this case.  All comments received will be posted without change to http://www.regulations.gov, including any personal and/or business confidential information provided.

          FOR FURTHER INFORMATION CONTACT:
          Mr. William Clark, Procurement Analyst, at (202) 219-1813 for clarification of content. For information pertaining to status or publication schedules, contact the FAR Secretariat at (202) 501-4755.  Please cite FAR case 2005-039.

        SUPPLEMENTARY INFORMATION:
        A.  Background

        DOD, GSA, and NASA propose to amend the Federal Acquisition Regulation (FAR) to clarify language within the FAR on the use of products containing recovered materials, pursuant to the Resource Conservation and Recovery Act of 1976, and Executive Order 13101 “Greening the Government Through Waste Prevention, Recycling, and Federal Acquisition.”  The Councils are aware that Executive Order 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” revoked E.O. 13101; however, E.O. 13101 is not eliminated from Subpart 23.4 under this rule, as other conforming changes will be required.  A future FAR case will make the conforming changes as a result of the E.O. 13423.
        This rule proposes to revise Subpart 23.4, Use of Products Containing Recovered Materials, and associated provisions and clauses in FAR Part 52, with conforming changes in FAR Parts 12, 23, and 42, to—
        (1)  Provide for consistency when referring to products containing recovered materials;
        (2)  Clarify that the requirement for products containing recovered materials applies when agencies require the delivery or specify the use of EPA-designated items, and when agencies award contracts for services or construction unless the service or construction contract will not involve the use of such items;
        (3)  Prescribe a new clause for use in service and construction contracts when appropriate; and
        (4)  Revise the Recovered Material Certification provision to reflect the changes proposed by this rule.
        The Resource Conservation and Recovery Act (RCRA) was enacted by Congress in 1976 to establish a system for managing non-hazardous and hazardous solid wastes in an environmentally sound manner.  Specifically, it provides for the management of hazardous wastes from the point of origin to the point of final disposal.  RCRA also promotes resource recovery and waste minimization.  RCRA is designed to protect human health and the environment; reduce or eliminate the generation of hazardous wastes; and conserve energy and natural resources.  Section 6002 of the RCRA acknowledges the importance of recycling by mandating that government agencies increase their purchases of products containing recovered materials.
        RCRA also specifies that the Environmental Protection Agency (EPA) develop and issue procurement guidelines that designate specific items made with recovered materials.  EPA-designated items containing recovered materials are items listed by EPA in a procurement guideline, and for which EPA has provided purchasing recommendations in a related Recovered Materials Advisory Notice (RMAN).  Agencies shall purchase and require maximum use of EPA-designated items, taking into consideration competition, price, availability, and performance.
        Other RCRA sections mandate the revision of specifications requiring the exclusive use of virgin materials (RCRA Section 6002(d)), and the development of an affirmative procurement program (RCRA Section 6002(i)) that sets forth each agency's policies and procedures for implementing the requirements of Section 6002 of RCRA.  Under the EPA program, Federal agencies may choose not to acquire (or require the use of) products containing recovered materials if they are not available in a reasonable timeframe, not reasonably priced, or do not meet performance standards.  This is not a significant regulatory action and, therefore, was not subject to review under Section 6(b) of Executive Order 12866, Regulatory Planning and Review, dated September 30, 1993.  This rule is not a major rule under 5 U.S.C. 804.

          Solicitation of Public Comment.  The Councils, along with the Office of Federal Procurement Policy (OFPP), wish to ensure that the EPA preference program includes the acquisition of products and services (including construction).  In furtherance of its responsibility under section 6002, OFPP seeks to better understand the application of acquisition of services coverage and welcomes feedback.  In commenting, please include citations, as appropriate, to relevant sources of information that may be used to substantiate the basis for your comments.
        B.  Regulatory Flexibility Act

        This proposed rule may have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because the proposed rule prescribes a new clause when agencies purchase Environmental Protection Agency (EPA)-designated items, and when purchasing services (including construction) that could include the use of such items.  The proposed rule applies to all small business entities who contract with the Federal Government for delivery of EPA-designated items or performance of services or construction contracts that involve the use of EPA-designated items.  The Councils recognize that the EPA preference program has not been consistently implemented by Government agencies in services and construction acquisitions.  However, with some exceptions, many agencies have fully implemented the program.  To assess the impact of the rule, the Councils requested information and assistance from the Office of the Federal Environmental Executive (OFEE).  The Councils considered the information provided by OFEE in preparation of the Initial Regulatory Flexibility Analysis (IRFA), the content of which is summarized as follows:

          Executive Order (E.O.) 13101 requires that agencies track and report annually to OFEE on their environmental accomplishments in waste prevention, recycling, and acquisition. Reporting is required on solid waste prevention practices, recycling and waste minimization goals and practices, implementation of environmentally preferable purchasing programs, contract compliance information, management controls, goals for training, auditing, purchasing and waste diversion, and purchases of EPA-designated recycled-content products. In addition, Section 6002 of the Resource Conservation and Recovery Act (RCRA) requires the Office of Federal Procurement Policy to report to Congress every two (2) years on the actions taken by the Federal agencies to implement the statute.
          Information obtained from OFEE indicates that many agencies have fully implemented the recovered material content program. The content of the RCRA reports, combined with (1) an OFEE baseline study conducted on Federal agency green building activities, (2) annual White House Closing the Circle Awards nominations in the green purchasing, green building, and pollution/waste prevention categories, and (3) discussions with agencies (including tours of facilities and reviews of training programs), indicates that most agencies have been incorporating the requirement to use products with recycled content in services and construction contracts for some time.

          The Councils recognize that the rule may affect small entities performing contracts for those agencies that have not fully implemented the program in service and construction contracts, the number of entities affected, and the extent to which they will be affected, may be significant. The rule may affect the types of products these businesses use during contract performance. Assistance is available to all firms at the EPA Comprehensive Procurement Guidelines website, http://www.epa.gov/cpg. EPA provides guidance on identifying products containing recovered materials, including Product Fact Sheets and a Supplier Database. Options to comply with the requirements of the rule can be as simple as purchasing products made with recovered materials to be used in service and construction contracts. The rule does not impose new requirements that impose a burden on contractors.

        The FAR Secretariat has submitted a copy of the IRFA to the Chief Counsel for Advocacy of the Small Business Administration.  Interested parties may obtain a copy from the FAR Secretariat. We invite comments from small business concerns and other interested parties on this issue.  The Councils will consider comments from small entities concerning the affected FAR parts 12, 23, 42, and 52 in accordance with 5 U.S.C. 610.  Interested parties must submit such comments separately and should cite 5 U.S.C. 601, et seq. (FAR case 2005-039), in correspondence.
        C.  Paperwork Reduction Act

        The Paperwork Reduction Act does apply; however, these changes to the FAR do not impose additional information collection requirements to the paperwork burden previously approved under OMB Control Number 9000-0134 on January 4, 2005.

          List of Subjects in 48 CFR Parts 12, 23, 42, and 52
          Government procurement.

          Dated: April 24, 2007.
          Al Matera,
          Acting Director, Contract Policy Division.

        Therefore, DoD, GSA, and NASA propose amending 48 CFR parts 12, 23, 42, and 52 as set forth below:
        1.  The authority citation for 48 CFR parts 12, 23, 42, and 52 continues to read as follows:

          Authority:
           40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 U.S.C. 2473(c).

          PART 12—ACQUISITION OF COMMERCIAL ITEMS

        2.  Amend section 12.301 by revising paragraph (e)(3) to read as follows:

          12.301
          Solicitation provisions and contract clauses for the acquisition of commercial items.

        (e)  *  *  *
        (3)  The contracting officer may use the provisions and clauses contained in Part 23 regarding the use of products containing recovered materials when appropriate for the item being acquired.

          PART 23—ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE ENERGY TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE

          23.000
          [Amended]

        3.  Amend section 23.000 by removing from paragraph (d) “that use” and adding “containing” in its place.
        4.  Revise Subpart 23.4, consisting of sections 23.400 through 23.406, to read as follows:

          SUBPART 23.4—USE OF PRODUCTS CONTAINING RECOVERED MATERIALS

          23.400
          Scope of subpart.

        (a)  The procedures in this subpart apply to all agency acquisitions of an Environmental Protection Agency (EPA)-designated item, if—
        (1)  The price of a designated item exceeds $10,000; or
        (2)  The aggregate amount paid for designated items, or for functionally-equivalent designated items, in the preceding fiscal year was $10,000 or more.
        (b)  While micro-purchases are included in determining the aggregate amount paid under paragraph (a)(2) of this section, it is not recommended that an agency track micro-purchases when—
        (1)  The agency anticipates the aggregate amount paid will exceed $10,000; or
        (2)  The agency intends to establish or continue an affirmative procurement program in the following fiscal year.

          23.401
          Definition.

        As used in this subpart—

          EPA-designated item means a product that is or can be made with recovered material—
        (1) That is listed by EPA in a procurement guideline (40 CFR part 247); and

        (2) For which EPA has provided purchasing recommendations in a related Recovered Materials Advisory Notice (RMAN) (available at http://www.epa.gov/epaoswer/non-hw/procure/backgrnd.htm).

          23.402
          Authorities.

        (a)  The Resource Conservation and Recovery Act of 1976 (RCRA), 42 U.S.C. 6962, requires agencies responsible for drafting or reviewing specifications used in agency acquisitions to—
        (1)  Eliminate from those specifications any requirement excluding the use of recovered materials or requiring products to be manufactured from virgin materials; and
        (2)  Require, for EPA-designated products, using recovered materials to the maximum extent practicable without jeopardizing the intended end use of the item.
        (b)  RCRA also requires—
        (1)  EPA to prepare guidelines on the availability, sources, and potential uses of recovered materials and associated products, including solid waste management services; and
        (2)  Agencies to develop and implement affirmative procurement programs for EPA-designated products within 1 year after EPA's designation.
        (c)  Executive Order 13101 requires that the agency head—
        (1)  Work to increase and expand markets for recovered materials through greater Government preference and demand for such products consistent with the demands of efficiency and cost-effectiveness; and
        (2)  Develop and implement affirmative procurement programs in accordance with direction in RCRA and the Executive order.

          23.403
          Policy.

        Government policy on the use of products containing recovered materials considers cost, availability of competition, and performance.  Agencies shall assure the use of products containing recovered materials to the maximum extent practicable without jeopardizing the intended use of the product while maintaining a satisfactory level of competition at a reasonable price.  Such products shall meet the reasonable performance standards of the agency and be acquired competitively, in a cost-effective manner.  Except as provided at 23.404(b), virgin material shall not be required by the solicitation (see 11.302).

          23.404
          Agency affirmative procurement programs.

        (a)  An agency must establish an affirmative procurement program for EPA-designated items if the agency's purchases of the designated items exceed the threshold set forth in 23.400.
        (1)  Agencies have a period of 1 year to revise their procurement program(s) after the designation of any new item by EPA.
        (2)  Technical or requirements personnel and procurement personnel are responsible for the preparation, implementation, and monitoring of affirmative procurement programs.
        (3)  Agency affirmative procurement programs must include—
        (i)  A recovered materials preference program;
        (ii)  An agency promotion program;
        (iii)  A program for requiring reasonable estimates, certification, and verification of recovered material used in the performance of contracts; and
        (iv)  Annual review and monitoring of the effectiveness of the program.
        (b)  Agency affirmative procurement programs must require that 100 percent of purchases of EPA-designated items contain recovered material, unless the item cannot be acquired—
        (1)  Competitively within a reasonable timeframe;
        (2)  Meeting reasonable performance standards; or
        (3)  At a reasonable price.
        (c)  Agency affirmative procurement programs must provide guidance for purchases of EPA-designated items at or below the micro-purchase threshold.
        (d)  Agencies may use their own specifications or commercial product descriptions when procuring products containing recovered materials.  The contract should specify that the product—
        (1)  Contains the highest percent of recovered materials practicable; or

        (2)  Meets the minimum content standards in accordance with the recommendations in EPA's Recovered Materials Advisory Notices.

          23.405
          Procedures.

        (a) Designated items and procurement guidelines.  Contracting officers should refer to EPA's list of EPA-designated items (available via the Internet at http://www.epa.gov/cpg/products.htm) and to their agencies' affirmative procurement programs when purchasing products that contain recovered material, or services or construction that could include the use of products that contain recovered material.
        (b) Procurement exemptions.  (1)  Once an item has been designated by EPA, agencies shall purchase conforming products unless it is determined that conforming products cannot be acquired—
        (i)  Competitively within a reasonable timeframe;
        (ii)  Meeting reasonable performance standards; or
        (iii)  At a reasonable price.
        (2)  When an exemption is used for an EPA-designated item or the procurement of a product containing recovered material specifies a content level lower than the EPA recommended recovered materials content levels, the contracting officer shall place a written justification in the contract file.

          23.406
          Solicitation provision and contract clauses.

        (a)  Insert the provision at 52.223-4, Recovered Material Certification, in solicitations that—
        (1)  Require the delivery or specify the use of EPA-designated items; or
        (2)  Include the clause at 52.223-XX, Affirmative Procurement of EPA-designated Items In Service and Construction Contracts.
        (b)  Insert the clause at 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-designated Items, in solicitations and contracts exceeding $100,000 that include the provision at 52.223-4.  If technical personnel advise that estimates can be verified, use the clause with its Alternate I.
        (c)  Insert the clause at 52.223-XX, Affirmative Procurement of EPA-designated Items In Service and Construction Contracts, in service or construction solicitations and contracts unless the contract will not involve the use of EPA-designated items.

          PART 42—CONTRACT ADMINISTRATION AND AUDIT SERVICES

        5.  Amend section 42.302 by revising paragraph (a)(68)(ii) to read as follows:

          42.302
          Contract administration functions.

        (a)  *  *  *
        (68)  *  *  *
        (ii)  Monitoring contractor compliance with specifications or other contractual requirements requiring the delivery or use of environmentally preferable products, energy-efficient products, and products containing recovered materials.  This must occur as part of the quality assurance procedures set forth in Part 46; and

          PART 52—SOLICITATION PROVISIONS AND CONTRACT CLAUSES

        6.  Revise the provision in section 52.223-4 to read as follows:

          52.223-4
          Recovered Material Certification.

          RECOVERED MATERIAL CERTIFICATION (DATE)
          As required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6962(c)(3)(A)(i)), the offeror certifies, by signing this offer, that the percentage of recovered materials content for EPA-designated items to be delivered or used in the performance of the contract will be at least the amount required by the applicable contract specifications or other contractual requirements.
          (End of provision)

        7.  Amend section 52.223-9 by—
        a.  Revising the section heading;
        b.  Revising the clause heading;
        c.  Revising paragraph (b)(1); and
        d.  In Alternate I by—
        1.  Revising the date of Alternate I; and
        2.  Revising the introductory paragraph of the certification in paragraph (b).
        The revised text reads as follows.

          52.223-9
          Estimate of Percentage of Recovered Material Content for EPA-Designated Items.

          ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA-DESIGNATED ITEMS (DATE)
          (b)  *  *  *
          (1)  Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of postconsumer material content; and
          Alternate I (Date).  *  *  *
          (b)  *  *  *
          CERTIFICATION
          I, _______________ (name of certifier), am an officer or employee responsible for the performance of this contract and hereby certify that the percentage of recovered material content for EPA-designated items met the applicable contract specifications or other contractual requirements.

        8.  Add section 52.223-XX to read as follows:

          52.223-XX
          Affirmative Procurement of EPA-designated Items In Service and Construction Contracts.

        As prescribed in 23.406(c), insert the following clause:

          AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND CONSTRUCTION CONTRACTS (DATE)
          (a)  In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired—
          (1)  Competitively within a timeframe providing for compliance with the contract performance schedule;
          (2)  Meeting contract performance requirements; or
          (3)  At a reasonable price.

          (b)  Information about this requirement is available at EPA's Comprehensive Procurement Guidelines Web site, http://www.epa.gov/cpg/.  The list of EPA-designated items is available at http://www.epa.gov/cpg/products.htm.
          (End of clause)

      [FR Doc. 07-2168 Filed 5-2-07; 8:45 am]
      BILLING CODE 6820-EP-S


        FEDERAL COMMUNICATIONS COMMISSION
        47 CFR Part 79
        [MB Docket No. 12-107; DA 12-1985]
        Accessible Emergency Information, and Apparatus Requirements for Emergency Information and Video Description: Implementation of the Twenty-First Century Communications and Video Accessibility Act of 2010

          AGENCY:
          Federal Communications Commission.

          ACTION:
          Proposed rule; extension of reply comment period.

          SUMMARY:

          In this document, the Commission extends the deadline for filing reply comments on the Commission's Notice of Proposed Rulemaking (NPRM) in this proceeding, which was published in the Federal Register. The extension will facilitate the development of a full record given the importance of the issues in this proceeding.

          DATES:
          The reply comment period for the proposed rule published November 28, 2012 (77 FR 70970) is extended. Submit reply comments on or before January 7, 2013.

          ADDRESSES:
          You may submit reply comments, identified by MB Docket No. 12-107, by any of the following methods:
          • Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.
          • Federal Communications Commission's Electronic Comment Filing System (ECFS) Web site: http://www.fcc.gov/cgb/ecfs. Follow the instructions for submitting comments.
          • Mail: Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission's Secretary, Office of the Secretary, Federal Communications Commission.
          • People with Disabilities: Contact the FCC to request reasonable accommodations (accessible format documents, sign language interpreters, CART, etc.) by email: FCC504@fcc.gov or phone (202) 418-0530 or TTY: (202) 418-0432.

          For detailed instructions on submitting comments and additional information on the rulemaking process, see the SUPPLEMENTARY INFORMATION section of the NPRM.

          FOR FURTHER INFORMATION CONTACT:
          Diana Sokolow, Diana.Sokolow@fcc.gov, or Maria Mullarkey, Maria.Mullarkey@fcc.gov, of the Policy Division, Media Bureau, (202) 418-2120.

        SUPPLEMENTARY INFORMATION:

        This is a summary of the Commission's Order in MB Docket No. 12-107, DA 12-1985, adopted and released on December 7, 2012, which extends the reply comment filing deadline established in the NPRM published under FCC No. 12-142 at 77 FR 70970, November 28, 2012. The full text of this document is available for inspection and copying during normal business hours in the FCC Reference Center, 445 12th Street SW., Washington, DC 20554. The complete text may be purchased from the Commission's copy contractor, Best Copy and Printing, Inc., 445 12th Street SW., Room CY-B402, Washington, DC 20554. The full text may also be downloaded at: http://www.fcc.gov. Alternative formats are available to persons with disabilities by sending an email to fcc504@fcc.gov or by calling the Consumer & Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).
        Background
        1. The NPRM in this proceeding established a comment deadline of December 18, 2012 and a reply comment deadline of December 28, 2012. On December 6, 2012, the Consumer Electronics Association (CEA), the National Association of Broadcasters (NAB), and the National Cable & Telecommunications Association (NCTA) jointly requested that the reply comment deadline be extended by ten days, due to the expected volume of comments, discussion, and data on the complex issues raised in this proceeding, as well as the groundbreaking nature of those issues. We grant the requested extension.
        2. As set forth in Section 1.46 of the Commission's Rules, 47 CFR 1.46, the Commission's policy is that extensions of time for filing comments in rulemaking proceedings shall not be routinely granted. Given the importance of the issues in this proceeding and in the interest of encouraging thoughtful consideration of these issues, however, we believe that granting the joint request is warranted to provide commenters with sufficient time to prepare reply comments in response to the NPRM and to facilitate the development of a more complete record.
        Ordering Clauses

        Pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), and Sections 0.61, 0.283, and 1.46 of the Commission's rules, 47 CFR 0.61, 0.283, and 1.46, the Joint Motion for Extension of Time filed by CEA, NAB, and NCTA is granted, and the deadline to file reply comments in this proceeding is extended to January 7, 2013.

          Federal Communications Commission.
          William T. Lake,
          Chief, Media Bureau.

      [FR Doc. 2012-30591 Filed 12-19-12; 8:45 am]
      BILLING CODE 6712-01-P


        DEPARTMENT OF COMMERCE
        National Oceanic and Atmospheric Administration
        50 CFR Part 648
        [Docket No. 191211-0108; RTID 0648-XX019]
        Fisheries of the Northeastern United States; Atlantic Mackerel, Squid, and Butterfish Fisheries; 2020 Specifications

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

          ACTION:
          Proposed rule; request for comments.

          SUMMARY:
          NMFS proposes to maintain Illex squid, longfin squid, and butterfish specifications for the 2020 fishing year and maintain the 2019 Atlantic mackerel ABC for 2020 and adjust the recreational deduction based on updated scientific advice. This action is required to promote the sustainable utilization and conservation of the Atlantic mackerel, squid, and butterfish resources.

          DATES:
          Public comments must be received by January 16, 2020.

          ADDRESSES:

          Copies of supporting documents used by the Mid-Atlantic Fishery Management Council, including the Environmental Assessments (EA), the Supplemental Information Report (SIR), the Regulatory Impact Review (RIR), and the Regulatory Flexibility Act (RFA) analysis are available from: Dr. Christopher M. Moore, Executive Director, Mid-Atlantic Fishery Management Council, 800 North State Street, Suite 201, Dover, DE 19901, telephone (302) 674-2331. The analys is also accessible via the internet at www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2019-0122.

          You may submit comments, identified by NOAA-NMFS-2019-0122, by any of the following methods:
          • Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2019-0122, click the “Comment Now!” icon, complete the required fields, and enter or attach your comments.
          • Mail: Submit written comments to NMFS, Greater Atlantic Regional Fisheries Office, 55 Great Republic Drive, Gloucester, MA 01930. Mark the outside of the envelope “Comments on 2020 MSB Specifications.”

            Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address, etc.), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments (enter “N/A” in the required fields if you wish to remain anonymous).

          FOR FURTHER INFORMATION CONTACT:
          Alyson Pitts, Fishery Management Specialist, (978) 281-9352.

        SUPPLEMENTARY INFORMATION:
        Background

        This rule proposes specifications, which are the combined suite of commercial and recreational catch levels established for one or more fishing years, for Atlantic mackerel, Illex squid, longfin squid, and butterfish. Section 302(g)(1)(B) of the Magnuson-Stevens Fishery Conservation and Management Act states that the Scientific and Statistical Committee (SSC) for each regional fishery management council shall provide its Council ongoing scientific advice for fishery management decisions, including recommendations for acceptable biological catch (ABC), preventing overfishing, ensuring maximum sustainable yield, and achieving rebuilding targets. The ABC is a level of catch that accounts for the scientific uncertainty in the estimate of the stock's defined overfishing level (OFL).
        The regulations implementing the Atlantic Mackerel, Squid, and Butterfish Fishery Management Plan (FMP) require the Mid-Atlantic Fishery Management Council's Atlantic Mackerel, Squid, and Butterfish Monitoring Committee to develop specification recommendations for each species based upon the ABC advice of the Council's SSC. The FMP regulations also require the specification of annual catch limits (ACL) and accountability measure (AM) provisions for butterfish and Atlantic mackerel. Both squid species are exempt from the ACL/AM requirements because they have a life cycle of less than one year. In addition, the regulations require the specification of domestic annual harvest (DAH), domestic annual processing (DAP), the butterfish mortality cap in the longfin squid fishery, and initial optimum yield (IOY) for both squid species.

        On August 1, 2019 (84 FR 37778), we published a final rule in the Federal Register implementing Illex squid, longfin squid, and butterfish specifications for 2019. On October 29, 2019 (84 FR 58053), we published a final fule in the Federal Register implementing the Atlantic mackerel specifications for 2019-2021. The Council's SSC met in May 2019, to reevaluate the 2020 specifications based upon the latest information. At that meeting, the SSC concluded that no adjustments to the Illex squid, longfin squid, and butterfish specifications were warranted. However, the the SSC recommended a change to the Atlantic mackerel ABC, an update of the recreational catch, and a modification of the river herring and shad catch cap.
        The Council did not recommend changes to any other regulations in place for the Atlantic mackerel, squid, and butterfish fisheries. Therefore, any other fishery management measures in place would remain unchanged for the 2020 fishing year. The Council submitted its recommendations, as summarized below, along with the required analyses, for initial agency review on September 30, 2019. NMFS must review the Council's recommendations for compliance with the FMP and applicable law, and conduct notice-and-comment rulemaking to propose and implement the final specifications.

        Until new specifications are implemented, the existing Atlantic mackerel, Illex squid, longfin squid, and butterfish specifications, as described below, will continue to remain in place.
        2020 Atlantic Mackerel Specifications
        The Atlantic mackerel specifications for 2019-2021 were developed in May 2018 as part of Framework 13 to the Atlantic Mackerel Squid, and Butterfish FMP, by which the 2020 ABC for Atlantic mackerel was set to increase from the 2019 level (29,184 mt) (Table 1). The 2020 ABC recommended by the SSC for Framework 13 was based on projections that recognized a strong 2015 year class from the 2016 assessment results, which was the most recent data available for the assessment. However, at its May 2019 meeting, the SSC considered preliminary results from the 2019 Canadian Atlantic mackerel assessment, which indicated lower than expected recruitment. The SSC determined that it would not be prudent to implement the original higher 2020 ABC level based on the preliminary information from the Canadian assessment and instead, recommended maintaining the 2019 ABC for 2020 (29,184 mt). There is an Atlantic mackerel stock assessment update scheduled for 2020 that will inform future ABC specifications, so only a 1-year ABC for 2020 was recomended.
        The Atlantic Mackerel, Squid, and Butterfish Monitoring Committee met in May 2019 and recommended changing the deduction for recreational catch based on an updated recreational catch accounting methodology. The monitoring committee recommended a new recreational deduction of 1,270 mt versus the previous 1,209 mt established in Framework 13. Using this updated value affects the other Atlantic mackerel specifications compared to 2019, as described in Table 1 below, which compares the implemented 2019 measures with the 2020 measures that are proposed in this action.

          Table 1—2019 Atlantic Mackerel Specifications Compared to Proposed 2020 Specifications (mt)

            Specification
            2019
            2020

            OFL
            31,764
            NA

            ABC
            29,184
            29,184

            Canadian Deduction
            10,000
            10,000

            U.S. ABC
            19,184
            19,184

            Recreational Allocation
            1,209
            1,270

            Commerical Allocation
            17,975
            17,914

            Management Uncertainty Buffer (3 percent)
            539
            537

            Commercial Annual Catch Target
            17,436
            17,377

            DAH
            17,371
            17,312

        River Herring and Shad Catch Cap in the Atlantic Mackerel Fishery
        Consistent with maintaining the Atlantic mackerel ABC in 2020 as in 2019, this action proposes to maintain the 2019 river herring and shad catch cap (129 mt) for 2020. The Council had previously adopted an increase in the river herring and shad catch cap to 152 mt for 2020. This action proposes to eliminate the 89-mt trigger provision that was implemented in Framework 13. If the 89 mt trigger was met, a 20,000 lb (9,071.84 kg) possession limit for limited access permitholders would be effective. Eliminating the initial 89 mt trigger would allow for additional landings by the Atlantic mackerel fishery, without compromising the 129-mt catch cap, which serves as an incentive to avoid river herring and shad.
        Longfin Squid Specifications
        This action maintains the existing projected longfin squid ABC of 23,400 mt for 2020, as implemented on March 1, 2018 (83 FR 8764). The background for this ABC is discussed in the proposed rule to implement the 2018-2020 squid and butterfish specifications (December 13, 2017; 82 FR 58583) and is not repeated here. The IOY, DAH, and DAP are calculated by deducting an estimated discard rate (2 percent) from the ABC (Table 2). This action also maintains the existing allocation of longfin squid DAH among trimesters according to percentages specified in the FMP (Table 3). The Council will make recommendations for 2021 and beyond in 2020.

          Table 2—2020 Longfin Squid Specifications in Metric Tons (mt)

            OFL
            Unknown

            ABC
            23,400

            IOY
            22,932

            DAH/DAP
            22,932

          Table 3—2020 Longfin Quota Trimester Allocations

            Trimester
            Percent
            Metric tons

            I (Jan-Apr)
            43
            9,861

            II (May-Aug)
            17
            3,898

            III (Sep-Dec)
            40
            9,173

        2020 Butterfish Specifications
        This action also maintains the previously approved projected 2020 butterfish specifications outlined in Table 4, as initially implemented on March 1, 2018 (83 FR 8764). The background for these specifications is discussed in the proposed rule to implement 2019 squid and butterfish specifications (December 13, 2017; 82 FR 58583) and is not repeated here. In summary, the 2020 butterfish specifications are based on long-term recruitment estimates and include a 7.5 percent management uncertainty buffer and an estimated discard rate of 2.4 percent. These specifications maintain the existing butterfish mortality cap in the longfin squid fishery (3,884 mt) and the existing allocation of the butterfish mortality cap among longfin squid trimesters (Table 5).

          Table 4—2020 Butterfish Specifications in Metric Tons (mt)

            OFL
            39,592

            ACL = ABC
            32,063

            Commercial ACT (ABC−management uncertainty buffers for each year)
            28,857

            DAH (ACT minus butterfish cap and discards)
            23,752

            Directed Fishery closure limit (DAH−1,000 mt incidental landings buffer)
            22,752

            Butterfish Cap (in the longfin squid fishery)
            3,884

          Table 5—Trimester Allocation of Butterfish Mortality Cap on the Longfin Squid Fishery for 2020

            Trimester
            Percent
            Metric tons

            I (Jan-Apr)
            43
            1,670

            II (May-Aug)
            17
            660

            III (Sep-Dec)
            40
            1,554

            Total
            100
            3,844

        2020 Illex Squid Specifications
        This action also maintains the previously approved 2019 Illex squid specifications for 2020, outlined in Table 6, as implemented on August 2, 2019 (84 FR 37778). The background for these specifications is discussed in the proposed rule to implement the 2019 Illex squid, longfin squid, and butterfish specifications (May 1, 2019, 84 FR 18471). The Council will set specifications for 2021 and beyond in 2020.

          Table 6—Proposed 2020 Illex Squid Specifications in Metric Tons (mt)

            OFL
            Unknown

            ABC
            26,000

            IOY
            24,825

            DAH/DAP
            24,825

        Classification
        Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the NMFS Assistant Administrator has determined that this proposed rule is consistent with the Atlantic Mackerel, Squid, and Butterfish FMP, other provisions of the Magnuson-Stevens Act, and other applicable law, subject to further consideration after public comment.
        This action is exempt from review under Executive Order 12866. This proposed rule is not subject to Executive Order 13771 because this proposed rule is exempt from Executive Order 12866.

        The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration that this proposed rule, if adopted, would not have a significant economic impact on a substantial number of small entities. The purpose, context, and statutory basis for this action is described above and not repeated here. Business entities affected by this action include vessels that are issued limited access Atlantic mackerel, longfin squid, Illex squid, and butterfish permits. Although vessels issued open access incidental catch permits for these species are also potentially affected by this action, because these vessels land only small amounts of squid and butterfish and this action would not revise the amount of squid and butterfish that these vessels can land, these entities would not be affected by this proposed rule.
        For purposes of complying with the Regulatory Flexibility Act, commercial fishing entities with combined annual fishery landing receipts less than $11 million are considered to be small entities (80 FR 81194, December 29, 2015). The changes to existing mackerel specifications proposed in this action apply to the vessels that hold limited access permits for Atlantic mackerel. There were 126 separate vessels that held limited access Atlantic mackerel permits in 2018, owned by 100 entities. Ninety-three of those are small business entities, four of which had no revenues. For the remainder, the average revenue was $1.6 million in 2018.
        Based on recent squid and butterfish landings, the proposed measures would not reduce fishing opportunities, change any entity's access to these resources, or impose any costs to affected entities. Therefore, this action would not reduce revenues or profit for affected entities compared to recent levels. Based on the above justification, the proposed action is not expected to have a significant economic impact on a substantial number of small entities.

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

          Dated: December 12, 2019.
          Samuel D. Rauch III,
          Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.

      [FR Doc. 2019-27152 Filed 12-16-19; 8:45 am]
      BILLING CODE 3510-22-P


        FEDERAL COMMUNICATIONS COMMISSION
        47 CFR Part 73
        [MB Docket No. 11-100, RM-11632; DA 11-1034]
        Television Broadcasting Services; Eau Claire, WI

          AGENCY:
          Federal Communications Commission.

          ACTION:
          Proposed rule.

          SUMMARY:
          The Commission has before it a petition for rulemaking filed by Gray Television Licensee, LLC (“Gray”), the licensee of station WEAU-TV, channel 13, Eau Claire, Wisconsin, requesting the substitution of channel 38 for channel 13 at Eau Claire. The tower holding WEAU-TV's main antenna collapsed, destroying the station's transmission equipment, on March 22, 2011. Gray requests this channel substitution so that the station's reconstructed facility will resolve over-the air reception problems and improve the station's ability to provide service to viewers using hand-held and mobile devises in the future.

          DATES:
          Comments must be filed on or before July 5, 2011, and reply comments on or before July 15, 2011.

          ADDRESSES:
          Federal Communications Commission, Office of the Secretary, 445 12th Street, SW., Washington, DC 20554. In addition to filing comments with the FCC, interested parties should serve counsel for petitioner as follows: Joan Stewart, Esq., Wiley Rein, LLP, 1776 K Street, NW., Washington, DC 20006.

          FOR FURTHER INFORMATION CONTACT:
          Joyce L. Bernstein, joyce.bernstein@fcc.gov, Media Bureau, (202) 418-1600.

        SUPPLEMENTARY INFORMATION:

        This is a synopsis of the Commission's Notice of Proposed Rule Making, MB Docket No. 11-100, adopted June 9, 2011, and released June 10, 2011. The full text of this document is available for public inspection and copying during normal business hours in the FCC's Reference Information Center at Portals II, CY-A257, 445 12th Street, SW., Washington, DC, 20554. This document will also be available via ECFS (http://www.fcc.gov/cgb/ecfs/). (Documents will be available electronically in ASCII, Word 97, and/or Adobe Acrobat.) This document may be purchased from the Commission's duplicating contractor, Best Copy and Printing, Inc., 445 12th Street, SW., Room CY-B402, Washington, DC 20554, telephone 1-800-478-3160 or via e-mail http://www.BCPIWEB.com. To request this document in accessible formats (computer diskettes, large print, audio recording, and braille), send an e-mail to fcc504@fcc.gov or call the Commission's Consumer and Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY). This document does not contain proposed information collection requirements subject to the Paperwork Reduction Act of 1995, Public Law 104-13. In addition, therefore, it does not contain any proposed information collection burden “for small business concerns with fewer than 25 employees,” pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4).

        Provisions of the Regulatory Flexibility Act of 1980 do not apply to this proceeding. Members of the public should note that from the time a Notice of Proposed Rule Making is issued until the matter is no longer subject to Commission consideration or court review, all ex parte contacts (other than ex parte presentations exempt under 47 CFR 1.1204(a)) are prohibited in Commission proceedings, such as this one, which involve channel allotments. See 47 CFR 1.1208 for rules governing restricted proceedings.
        For information regarding proper filing procedures for comments, see 47 CFR 1.415 and 1.420.

          List of Subjects in 47 CFR Part 73
          Television, Television broadcasting.

          Federal Communications Commission.
          Barbara A. Kreisman,
          Chief, Video Division, Media Bureau.

        Proposed Rules
        For the reasons discussed in the preamble, the Federal Communications Commission proposes to amend 47 CFR part 73 as follows:

          PART 73—RADIO BROADCAST SERVICES
          1. The authority citation for part 73 continues to read as follows:

            Authority:
            47 U.S.C. 154, 303, 334, 336, and 339.

            § 73.622(i)
            [Amended]
            2. Section 73.622(i), the Post-Transition Table of DTV Allotments under Wisconsin is amended by removing channel 13 and adding channel 38 at Eau Claire.

      [FR Doc. 2011-15286 Filed 6-17-11; 8:45 am]
      BILLING CODE 6712-01-P