        DEPARTMENT OF COMMERCE
        National Oceanic and Atmospheric Administration
        50 CFR Part 300
        [Docket No. 0907141130-91224-01]
        RIN 0648-AX80
        Antarctic Marine Living Resources; Use of Centralized-Vessel Monitoring System and Importation of Toothfish; Re-export of Toothfish; Applications for Krill Fishing; Regulatory Framework for Annual Conservation Measures

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

          ACTION:
          Proposed rule; request for comments.

          SUMMARY:
           This regulation proposes to facilitate conservation and management of Antarctic Marine Living Resources (AMLR). It would: further detail current U.S. requirements to only allow importation and/or re-exportation of frozen toothfish or toothfish product with verifiable documentation that the harvesting vessel participated in the Centralized-Vessel Monitoring System (C-VMS) regardless of where the fish was harvested; revise the NMFS catch-documentation requirements for re-exporting toothfish and add requirements for exporting U.S.-caught toothfish; require applicants for an AMLR harvesting permit for krill to apply to NMFS no later than June 1 preceding the harvesting season for krill; and rescind the existing regulatory framework for annual management measures. The intent of the rule is to further detail requirements for importing and re-exporting toothfish, to facilitate enforcement, to fulfill U.S. obligations in the Commission on the Conservation of Antarctic Marine Living Resources (CCAMLR), and to simplify the process for informing the public of annual conservation measures.

          DATES:
          Comments must be submitted in writing on or before December 28, 2009.

          ADDRESSES:
           You may submit comments, identified by 0648-AX80 by any one of the following methods:

          • Electronic Submissions: Submit all electronic public comments via the Federal eRulemaking Portal http://www.regulations.gov;
          • Fax: 301-713-1193, Attn: Robert Gorrell; or
          • Mail: Alan Risenhoover, Director, Office of Sustainable Fisheries, NMFS, Attn: CCAMLR Rulemaking, 1315 East-West Highway, Silver Spring, MD 20910.

          Instructions: No comments will be posted for public viewing until after the comment period has closed. All comments received are a part of the public record and will generally be posted to http://www.regulations.gov without change. All Personal Identifying Information (for example, name, address, etc.) voluntarily submitted by the commenter may be publicly accessible. Do not submit Confidential Business Information or otherwise sensitive or protected information.
          NMFS will accept anonymous comments (enter “N/A” in the required fields, if you wish to remain anonymous). You may submit attachments to electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only.

          Send comments regarding the burden-hour estimates or other aspects of the collection-of-information requirements contained in this proposed rule to Robert B. Gorrell at the address specified above and also to the Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), Washington, DC 20503 (Attention: NOAA Desk Officer) or e-mail to David_Rostker@ob.eop.gov, or fax to (202) 395-7825.

          FOR FURTHER INFORMATION CONTACT:
          Robert Gorrell at 301-713-2341.

        SUPPLEMENTARY INFORMATION:
        Background

        U.S. participation in Antarctic fisheries is managed under the authority of the Antarctic Marine Living Resources Convention Act of 1984 (Act) codified at 16 U.S.C. 2431 et seq. NMFS implements conservation measures developed by the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR) and adopted by the United States, through regulations at 50 CFR part 300, subpart G. Changes to the existing regulations are necessary to facilitate compliance, to incorporate new conservation measures, to facilitate enforcement of new and existing conservation measures, and to simplify the process for informing the public of annual conservation measures.
        Importing and/or Re-exporting Toothfish.

        CCAMLR requires that all Contracting Parties ensure that their vessels fishing for Dissostichus (toothfish) under CCAMLR's purview are equipped with satellite-linked vessel monitoring devices to allow for continuous reporting to the CCAMLR Secretariat of their position while in Convention waters. This requirement is intended to promote the objectives of the Convention, including combating illegal, unreported, and unregulated fishing of AMLR, and to further improve compliance with the relevant conservation measures adopted by CCAMLR. CCAMLR conservation measures call for the transmission of Vessel Monitoring System (VMS) positional data as soon as possible either to the CCAMLR Secretariat directly or to the CCAMLR Secretariat through the relevant Flag State, with positions reported no less than every 4 hours for most Dissostichus spp. fisheries.

        The NMFS final rule, published in August 2007 (72 FR 48496, August 23, 2007), requires use of C-VMS for U.S. vessels harvesting AMLR and verifiable documentation of real-time centralized VMS (or C-VMS) use for dealers seeking preapproval to import toothfish into the United States. U.S. vessels seeking to harvest Dissostichus spp. are required to report their positions, via C-VMS, from the time the vessel leaves port to the time that the vessel returns to port and at all points in between (i.e., port-to-port). Likewise, dealers seeking to import frozen Dissostichus spp. into the U.S. market must submit information so that NMFS can verify that the harvesting vessel was reporting its positions, via real-time centralized VMS (or C-VMS), from the time the vessel left port to the time that the vessel returned to port and at all points in between (i.e., port-to-port). These data are fundamental to ensuring the legality of Dissostichus spp. harvested by U.S. flagged-vessels as well as fish imported into and/or re-exported from the United States. The use of C-VMS port-to-port allows NMFS to verify the vessel's position associated with the harvest of toothfish no matter where the fish was harvested.

        The proposed rule would not change current practices under existing regulations but would add definitions for “Centralized Vessel Monitoring System (C-VMS)”, “port-to-port”, and “real-time” and further detail the U.S. requirement that importation, re-exportation, and/or exportation of frozen toothfish is allowed only with verifiable documentation that the harvesting vessel participated in real-time C-VMS port-to-port. Shipments of frozen Dissostichus spp. are required to have such verifiable documentation except where the Dissostichus spp. being shipped was harvested during a fishing trip that began prior to September 24, 2007, when NMFS' final rule became effective (72 FR 48496, August 23, 2007). The preapproval requirement for imports of frozen toothfish remains unchanged. (See Reporting and recordkeeping requirements § 300.107(c)(5) and (6)). Existing § 300.107(a)(4) and § 300.117(bb)(9) would be revised to use the new terms C-VMS, port-to-port, and real-time.
        Also, the existing definition of “Vessel Monitoring System (VMS)” would be revised to clarify that the VMS system that uses a mobile transceiver unit on board foreign-flagged vessels does not need to be approved by NMFS. Similarly, the heading for existing § 300.116 “Requirements for a vessel monitoring system” would be revised to read “Requirements for a vessel monitoring system for U.S. vessels”.

        Participation in C-VMS that would result in verifiable documentation of use of real-time C-VMS port-to-port entails the harvesting vessel having reported its positions at least every 4 hours, either directly to the CCAMLR Secretariat or to the CCAMLR Secretariat through the relevant Flag State, with no more than a 4-hour delay, from the time the vessel leaves port to the time that the vessel returns to port and at all points in between (port-to-port). CCAMLR conservation measures require the use of C-VMS when inside the Convention Area, whereas U.S. regulations for the importation and/or re-exportation of toothfish require C-VMS reporting at least every 4 hours both while inside and outside the Convention waters. In the absence of verifiable documentation of the use of real-time C-VMS port-to-port, imports, exports, re-exports, as well as the shipment, transportation, sale or offer for sale, purchase, custody, control, or possession of frozen Dissostichus species are prohibited. Under the proposed rule preapproval would not be issued without verifiable documentation of the use of real-time C-VMS port-to-port by the vessel that harvested the Dissostichus species except for Dissostichus spp. harvested during fishing trips that began prior to September 24, 2007 (see Dealer permits and preapproval § 300.114(d)).

        The proposed rule would revise the catch-documentation requirements for re-exporting toothfish by clarifying that the application for a Dissostichus species re-export document must identify: (1) the container number for the shipment if the shipment is to be re-exported by vessel; (2) the flight number and airway bill/bill of lading if shipment is to be re-exported by air; (3) the truck registration number and nationality if the shipment is to be re-exported by ground transportation; or (4) the railway transport number if the shipment is to be re-exported by rail. The proposed rule would make clear that the exporter would receive an electronically generated Dissostichus species re-export document.

        The proposed rule would also add a new paragraph § 300.107(c)(7) identifying reporting and recordkeeping requirements for exports of Dissostichus species. These requirements are nearly identical to requirements for re-exports and pertain to U.S. caught toothfish that dealers want to export.
        Krill Fishing
        At its 25th meeting in Hobart, Tasmania, October 23 to November 3, 2006, CCAMLR adopted a measure requiring that all Contracting Parties with vessels intending to fish for krill in the Convention Area notify the Secretariat no later than 4 months in advance of the regular annual meeting of CCAMLR, immediately prior to the season in which their vessels intend to fish. The krill fishing season runs from December 1 of one year through November 30 of the next year. The proposed rule would require applicants for an AMLR harvesting permit for krill to submit an application to the Assistant Administrator for NMFS no later than June 1 prior to the krill season opening on December 1 of the same year (see Harvesting Permits § 300.112). In addition to the information already required of an applicant for an AMLR harvesting permit, the applicant for a permit to harvest krill would also be required by the proposed rule to identify, to the extent possible, the products to be derived from the anticipated catch of krill.
        Framework for Annual Measures

        The proposed rule would rescind the existing regulatory framework for annual management measures to ease the administrative burden and cost of publishing conservation measures that are readily available on the CCAMLR website at http://www.ccamlr.org. If the United States should formally object to any conservation measure adopted by CCAMLR, notice of that objection will be published in the Federal Register. NMFS will publish in the Federal Register any regulatory measure that it believes is necessary to implement its responsibilities under the Antarctic Marine Living Resources Convention Act of 1984 and may implement conservation measures adopted by CCAMLR either through the imposition of permit conditions or through rulemaking, as appropriate.
        Classification
        The Act

        This proposed rule is published under the authority of, and consistent with, the Antarctic Marine Living Resources Convention Act of 1984, codified at 16 U.S.C. 2431 et seq.

        Executive Order 12866
        The proposed rule has been determined to be not significant for purposes of Executive Order 12866.
        Regulatory Flexibility Act (RFA)
        The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration (SBA) that this proposed rule, if adopted, would not have a significant economic impact on a substantial number of small entities.
        This proposed rule would further detail current U.S. requirements to only allow importation and/or re-exportation of frozen toothfish or toothfish product with verifiable documentation that the harvesting vessel participated in the C-VMS regardless of where the fish was harvested; revise the NMFS catch-documentation requirements for re-exporting toothfish and add requirements for exporting U.S.-caught toothfish; require applicants for an AMLR harvesting permit for krill to apply to NMFS no later than June 1 preceding the harvesting season for krill; and rescind the existing regulatory framework for annual management measures.

        During the past several years, there have been 5 vessels (2 for toothfish, 2 for krill, and 1 for crab) and 80 dealers who could fall within the scope of NMFS regulations to implement CCAMLR conservation measures. All U.S. vessels and U.S. dealers are considered small entities under the “Small Business Size Regulations” established by the SBA under 13 CFR 121.201. However, the only costs associated with this proposed rulemaking are for: (1) dealers providing mode-of-shipment information on applications for toothfish re-export and export documents; and (2) for applicants for krill harvesting permits to provide information on the products to be derived from krill catch. The costs and time associated with these proposed requirements is de minimis. The C-VMS aspects of the proposed rule would not change current practices and rescinding the framework for annual measures would not impose any economic impact on small business entities.

        As a result, an initial regulatory flexibility analysis is not required and none has been prepared.
        Paperwork Reduction Act (PRA)
        This proposed rule contains two new collection-of-information requirements subject to review and approval by OMB under the PRA: providing mode-of-shipment information on applications for toothfish re-export documents; and providing information, to the extent possible, on the products to be derived from krill catch on applications for krill harvesting permits. These new requirements are not expected to change the currently approved burden under OMB Control Number 0648-0194 of 295 hours.

        Public comment is sought regarding: whether this 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. Interested persons may send comments regarding this burden estimate, or any other aspect of this data collection, including suggestions for reducing the burden, to both NMFS and OMB (see ADDRESSES).
        Notwithstanding any other provision of law, no person is required to respond to, and no person is subject to a penalty for failure to comply with, an information collection subject to the PRA requirements unless that information collection displays a currently valid OMB control number.

          List of Subjects in 50 CFR Part 300
          Fisheries, Fishing, Fishing vessels, Foreign relations, Reporting and recordkeeping requirements, Statistics, Treaties.

          Dated: November 20, 2009.
          Samuel D. Rauch III,
          Deputy Assistant Administrator For Regulatory Programs, National Marine Fisheries Service.

        For the reasons set out in the preamble, 50 CFR part 300, subpart G is proposed to be amended as follows:

          PART 300—INTERNATIONAL FISHERIES REGULATIONS

          Subpart G—Antarctic Marine Living Resources

        1. The authority citation for 50 CFR part 300, subpart G, continues to read as follows:

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

        2. In § 300.101, the definitions of “Centralized Vessel Monitoring System (C-VMS)”, “Port-to-port”, and “Real-time” are added, and the definition of “Vessel Monitoring System (VMS)” is revised, in alphabetical order to read as follows:

          § 300.101
          Definitions.

            Centralized Vessel Monitoring System (C-VMS) means a system that uses satellite-linked vessel monitoring devices to allow for the reporting of vessel positional data, either directly to the CCAMLR Secretariat or to the CCAMLR Secretariat through the relevant Flag State.

            Port-to-port means from the time the vessel leaves port to the time that the vessel returns to port and at all points in between.

            Real-time means as soon as possible, but at least every 4 hours with no more than a 4-hour delay.

            Vessel Monitoring System (VMS) means a system that uses a mobile transceiver unit on vessels that take AMLR, and that allows a Flag State, through the installation of satellite-tracking devices on board its fishing vessels, to receive automatic transmission of positional and other information, consistent with relevant CCAMLR conservation measures.

        3. In § 300.107, paragraphs (a)(4), (c)(5)(i) introductory text, (c)(5)(i)(A), (c)(5)(iii), and (c)(6) are revised, and new paragraph (c)(7) is added, to read as follows:

          § 300.107
          Reporting and recordkeeping requirements.
          (a) * * *
          (4) Install a NMFS approved VMS unit on board U.S. vessels harvesting AMLR for use in real-time C-VMS port-to-port reporting to a NMFS-designated land-based fisheries monitoring center or centers. The requirements for the installation and operation of the VMS are set forth in § 300.116.
          (c)* * *
          (5)* * *
          (i) In order to import frozen Dissostichus species into the United States, any dealer must:
          (A) Submit a preapproval application including the document number and export reference number on the DCD corresponding to the intended import shipment and, if necessary, additional information for NMFS to verify the use of real-time C-VMS port-to-port regardless of where the fish were harvested; and receive preapproval from NMFS.
          (iii) Any dealer who imports fresh Dissostichus species must complete a report of each shipment and submit the report to NMFS within 24 hours following importation. Verification of the use of real-time C-VMS port-to-port is not required for imports of fresh Dissostichus species.
          (6) Re-export. (i) In order to re-export Dissostichus species, any dealer must:

          (A) Submit to NMFS a completed paper-based NMFS application for a Dissostichus re-export document that includes the following information:
          (1) The species, product type, and amount from the original DCD(s) that is requested for export in the particular export shipment;
          (2) The number of the original DCD(s);
          (3) The name and address of the importer and point of import for the original import into the United States, or by submitting a copy of the preapproval issued for the original import;
          (4) One of the following:
          (i) The Container Number for the shipment if shipment is to be re-exported by vessel;
          (ii) The Flight Number and Airway Bill/Bill of Lading if shipment is to be re-exported by air;
          (iii) The Truck Registration Number and Nationality if shipment is to be re-exported by ground transportation; or
          (iv) The Railway Transport Number if shipment is to be re-exported by rail.
          (5) The dealer/exporter's name, address, and AMLR permit number; and
          (6) The dealer's signature.

          (B) Obtain validation by a responsible official(s) designated by NMFS and receive an electronically generated Dissostichus re-export document.
          (ii) For frozen Dissostichus species, re-export documents will be generated upon verification of the use of real-time C-VMS port-to-port except for Dissostichus species harvested during fishing trips that began prior to September 24, 2007.

          (iii) Dealers must include the original validated Dissostichus re-export document with the re-export shipment.
          (iv) Any dealer who re-exports Dissostichus species must retain a copy of the re-export document at his/her place of business for a period of 2 years from the date on the DCD.
          (7) Export. (i) In order to export U.S.-harvested Dissostichus species, any dealer must:

          (A) Submit to NMFS a completed paper-based NMFS application for a Dissostichus export document that includes the following information:
          (1) The species, product type, and amount from the original DCD(s) that is requested for export in the particular export shipment;
          (2) The number of the original DCD(s);
          (3) One of the following:
          (i) The Container Number for the shipment if shipment is to be exported by vessel;
          (ii) The Flight Number and Airway Bill/Bill of Lading if shipment is to be exported by air;
          (iii) The Truck Registration Number and Nationality if shipment is to be exported by ground transportation; or
          (iv) The Railway Transport Number if shipment is to be exported by rail.
          (4) The dealer/exporter's name, address, and AMLR permit number;
          (5) For frozen Dissostichus species, verification of the use of real-time C-VMS port-to-port except for Dissostichus species harvested during fishing trips that began prior to September 24, 2007; and
          (6) The dealer's signature.

          (B) Obtain validation by a responsible official(s) designated by NMFS and receive an electronically generated Dissostichus export document.
          (ii) Dealers must include the original validated Dissostichus export document with the export shipment.
          (iii) Any dealer who exports Dissostichus species must retain a copy of the export document at his/her place of business for a period of 2 years from the date on the DCD.

          § 300.111 [Removed and Reserved]

        4. Section 300.111 is removed and reserved.
        5. In § 300.112 paragraph (c) is revised to read as follows:

          § 300.112
          Harvesting permits.
          (c) Application. Application forms for harvesting permits are available at www.nmfs.noaa.gov.gpea_forms.htm.
          (1) A separate fully completed and accurate application must be completed and received by NMFS for each vessel for which a harvesting permit is requested.
          (2) Applications for permits to harvest species other than krill must be received by NMFS at least 90 days before the date anticipated for the beginning of harvesting.
          (3) Applications for a permit to harvest krill must be received by NMFS no later than June 1 immediately prior to the season in which the harvesting would occur. The applications must, to the extent possible, identify the products to be derived from the anticipated krill catch.

        6. In § 300.114 paragraph (d) is revised to read as follows:

          § 300.114
          Dealer permits and preapproval.
          (d) Issuance. NMFS may issue a dealer permit or preapproval if it determines that the activity proposed by the dealer meets the requirements of the Act and that the resources were not or will not be harvested in violation of any CCAMLR conservation measure or in violation of any regulation in this subpart. No preapproval will be issued for Dissostichus species without verifiable documentation, to include VMS reports with vessel location and messages, of the use of real-time C-VMS port-to-port by the vessel that harvested such Dissostichus species, except for Dissostichus species harvested during fishing trips that began prior to September 24, 2007.

        7. In § 300.116 the heading is revised to read as follows:

          § 300.116
          Requirements for a vessel monitoring system for U.S. vessels.

        8. In § 300.117 paragraph (bb)(9) is revised and paragraphs (gg) and (hh) are added to read as follows:

          § 300.117
          Prohibitions.
          (bb)* * *
          (9) Fail to use real-time C-VMS port-to-port on board U.S. vessels harvesting AMLR in the Convention Area.
          (gg) Harvest any AMLR in Convention waters without a harvesting permit required by this subpart.

          (hh) Ship, transport, offer for sale, sell, purchase, import, export, re-export or have custody, control, or possession of, any frozen Dissostichus species without verifiable documentation of the use of real-time C-VMS port-to-port by the vessel that harvested such Dissostichus species unless the Dissostichus species was harvested during a fishing trip that began prior to September 24, 2007.

      [FR Doc. E9-28435 Filed 11-25-09; 8:45 am]
      BILLING CODE 3510-22-S


        DEPARTMENT OF DEFENSE
        Defense Acquisition Regulations System
        48 CFR Parts 217, 234, 237, and 252
        RIN 0750-AI27
        Defense Federal Acquisition Regulation Supplement: Clauses With Alternates—Special Contracting Methods, Major System Acquisition, and Service Contracting (DFARS Case 2014-D004)

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

          ACTION:
          Proposed rule.

          SUMMARY:
          DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to revise and update clauses and their prescriptions for special contracting methods, major system acquisition, and service contracting to create basic and alternate clauses structured in a manner to facilitate use of automated contract writing systems. The rule also includes the full text of each alternate, rather than only showing the paragraphs that differ from the basic clause.

          DATES:

            Comment Date: Comments on the proposed rule should be submitted in writing to the address shown below on or before July 28, 2014, to be considered in the formation of a final rule.

          ADDRESSES:
          Submit comments identified by DFARS Case 2014-D004, using any of the following methods:
          ○ Regulations.gov: http://www.regulations.gov. Submit comments via the Federal eRulemaking portal by entering “DFARS Case 2014-D004” under the heading “Enter keyword or ID” and selecting “Search.” Select the link “Submit a Comment” that corresponds with “DFARS Case 2014-D004.” Follow the instructions provided at the “Submit a Comment” screen. Please include your name, company name (if any), and “DFARS Case 2014-D004” on your attached document.
          ○ Email: osd.dfars@mail.mil. Include DFARS Case 2014-D004 in the subject line of the message.
          ○ Fax: 571-372-6094.
          ○ Mail: Defense Acquisition Regulations System, Attn: Ms. Janetta Brewer, OUSD(AT&L)DPAP/DARS, Room 3B855, 3060 Defense Pentagon, Washington, DC 20301-3060.

          Comments received generally will be posted without change to http://www.regulations.gov, including any personal information provided. To confirm receipt of your comment(s), please check http://www.regulations.gov, approximately two to three days after submission to verify posting (except allow 30 days for posting of comments submitted by mail).

          FOR FURTHER INFORMATION CONTACT:
          Ms. Janetta Brewer, Defense Acquisition Regulations System, OUSD(AT&L)DPAP/DARS, Room 3B855, 3060 Defense Pentagon, Washington, DC 20301-3060. Telephone 571-372-6104.

        SUPPLEMENTARY INFORMATION:

        I. Background
        DoD is undertaking a revision of provisions and clauses with alternates and the associated prescriptions, in order to clarify usage and facilitate the use of automated contract writing systems. These proposed changes do not affect the meaning or applicability of the provisions or clauses.
        II. Discussion
        This proposed rule addresses DFARS parts 217, 234, and 237 clauses that have alternates. The affected clauses are—
        • 252.217-7000, Exercise of Option to Fulfill Foreign Military Sales Commitments, with one alternate;
        • 252.234-7003 Notice of Cost and Software Data Reporting System, with one alternate;
        • 252.234-7004 Cost and Software Data Reporting System, with one alternate;
        • 252.237-7002 Award to Single Offeror, with one alternate; and
        • 252.237-7016 Delivery Tickets, with two alternates.
        The naming convention results in proposed new clause titles, e.g., Exercise of Option to Fulfill Foreign Military Sales Commitments—Basic, and Exercise of Option to Fulfill Foreign Military Sales Commitments—Alternate I.

        An umbrella prescription is proposed to be added for the elements common to the basic clause and alternate. The specific prescription for the basic clause and alternate would then address only the requirements for their use that enable the selection of the basic or the alternate. The planned changes will increase the clarity and ease of use but will not revise the applicability of the clause or provision in any way. The presentation of the text of alternates would no longer consist solely of paragraphs that are different from the basic clause, but would instead include the entire full text of the alternate clause. Further, this proposed rule would also revise the applicable clause preface, i.e., the language in part 252 that precedes a provision, clause, or alternate. The clause preface language is being tailored to identify the specific clause prescription reference for each basic and alternate clause and to delineate how the basic and alternate clauses differ.
        III. Executive Orders 12866 and 13563
        Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This is not a significant regulatory action and, therefore, was not subject to review under section 6(b) of E.O. 12866, Regulatory Planning and Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804.
        IV. Regulatory Flexibility Act

        DoD does not expect this proposed rule to 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 it merely revises the prescriptions for solicitation provisions and clauses with alternates, and includes the full text of each provision or clause for each alternate. However, an initial regulatory flexibility analysis has been performed and is summarized as follows:
        The purpose of this case is to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to create unique prescriptions for the basic version and each alternate of DFARS parts 217, 234, and 237 solicitations provisions and clauses, and to include the full text of each clause alternate.
        The use of automated contract writing systems will be facilitated by having unique prescriptions for the basic version and each alternate of DFARS solicitations provisions and clauses. The current convention requires the prescription for the basic provision or clause to address all the possibilities covered by the alternates, and then the prescription for each alternate addresses only what is different for the use of that particular alternate. This rule will revise the prescriptions so that the basic solicitation provision or clause and each alternate is unique and stands on its own. The prescriptions will not be revised in any way to change when they are applicable to offerors, contractors, or subcontractors.
        Additionally, the inclusion of the full text of each provision or clause alternate aims to make the terms of a provision or clause alternate clearer to offerors, as well as to DoD contracting officers. Instead of the current convention for alternates to show only paragraphs changed from the basic version of the provision or clause, this rule proposes to include the full text of each version of the clause. This will assist in making the terms of the clause clearer, because all paragraph substitutions will have already been made. Inapplicable paragraphs from the basic version of the clause that are superseded by the alternate are not included in the solicitation or contract to prevent confusion.
        Potential offerors, including small businesses, may be affected by this rule by seeing an unfamiliar format for clause alternates in solicitations and contracts issued by DoD contracting activities. According to the Federal Procurement Data System, in fiscal year 2012, DoD made approximately 270,000 contract awards (not including modification and orders) that exceeded the micro-purchase threshold, of which approximately 180,000 (67%) were awarded to small businesses. It is unknown how many of these contracts were awarded that included an alternate to a DFARS provision or clause. Nothing substantive will change in solicitations or contracts for potential offerors, and only the appearance of how clause alternates are presented in the solicitations and contracts will be changed. This rule may result in potential offerors, including small businesses, expending more time to become familiar with and to understand the new format of the clause alternates in full text contained in contracts issued by any DoD contracting activity. The rule also anticipates saving contractors time by making all paragraph substitutions from the basic version of the clause, and not requiring the contractors to read inapplicable paragraphs contained in the basic version of the clause where alternates are also included in the solicitations and contracts. The overall burden caused by this rule is expected to be negligible and will not be any greater on small businesses than it is on large businesses.
        This rule does not add any new information collection requirements. The rule does not duplicate, overlap, or conflict with any other Federal rules. No alternatives were identified that will accomplish the objectives of the rule.
        DoD invites comments from small business concerns and other interested parties on the expected impact of this rule on small entities.
        DoD will also consider comments from small entities concerning the existing regulations in subparts affected by this rule in accordance with 5 U.S.C. 610. Interested parties must submit such comments separately and should cite 5 U.S.C. 610 (DFARS Case 2014-D004), in correspondence.
        V. Paperwork Reduction Act
        The rule does not contain any information collection requirements that require the approval of the Office of Management and Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35).

          List of Subjects in 48 CFR Parts 217, 234, 237, and 252
          Government procurement.

          Manuel Quinones,
          Editor, Defense Acquisition Regulations System.

        Therefore, 48 CFR parts 217, 234, 237, and 252 are proposed to be amended as follows:
        1. The authority citation for parts 217, 234, 237, and 252 continues to read as follows:

          Authority:
          41 U.S.C. 1303 and 48 CFR chapter 1.

          PART 217—SPECIAL CONTRACTING METHODS

        2. In section 217.208-70, revise paragraph (a) to read as follows:

          217.208-70
           Additional clauses.

          (a) Use the basic or the alternate of the clause at 252.217-7000, Exercise of Option to Fulfill Foreign Military Sales Commitments, in solicitations and contracts when an option may be used for Foreign Military Sales requirements. Do not use the basic or the alternate of this clause in contracts for establishment or replenishment of DoD inventories or stocks, or acquisitions made under DoD cooperative logistics support arrangements.
          (1) Use the basic clause when the Foreign Military Sales country is known at the time of solicitation or award.
          (2) Use the alternate I clause when the foreign military sale country is not known at the time of solicitation or award.

          PART 234—MAJOR SYSTEM ACQUISITION

        3. Revise section 234.7101 to read as follows:

          234.7101
           Solicitation provision and contract clause.
          (a) Use the basic or the alternate of the provision at 252.234-7003, Notice of Cost and Software Data Reporting System, in any solicitation that includes the basic or the alternate of the clause at 252.234-7004, Cost and Software Data Reporting.
          (1) Use the basic provision when the solicitation includes the clause at 252.234-7004, Cost and Software Data Reporting—Basic.
          (2) Use the alternate I provision when the solicitation includes the clause at 252.234-7004, Cost and Software Data Reporting—Alternate I.
          (b) Use the basic or the alternate of the clause at 252.234-7004, Cost and Software Data Reporting System, in solicitations that include major defense acquisition programs or major automated information system programs as follows:
          (1) Use the basic clause in solicitations and contracts for major defense acquisition programs or major automated information system programs that exceed $50 million.
          (2) Use the alternate I clause in solicitations and contracts for major defense acquisition programs or major automated information system programs with a value equal to or greater than $20 million but less than or equal to $50 million, when so directed by the program manager with the approval of the OSD Deputy Director, Cost Assessment.

          PART 237—SERVICE CONTRACTING

        4. In section 237.7003, revise paragraph (a) to read as follows:

          237.7003
           Solicitation provisions and contract clauses.
          (a) Use the basic or the alternate of the provision at 252.237-7002, Award to Single Offeror, in solicitations and contracts for mortuary services.
          (1) Use the basic provision in all sealed bid solicitations for mortuary services.
          (2) Use the alternate I provision in all negotiated solicitations for mortuary services.

        5. In section 237.7101, revise paragraph (e) to read as follows:

          237.7101
           Solicitation provisions and contract clauses.

          (e) Use the basic or an alternate of the clause at 252.237-7016, Delivery Tickets, in all solicitations and contracts for laundry and dry cleaning services.
          (1) Use the basic clause when services are not to be provided on a bulk weight basis.
          (2) Use the alternate I clause when services are for bag type laundry to be provided on a bulk weight basis.
          (3) Use the alternate II clause when services are unsorted laundry to be provided on a bulk weight basis.

          PART 252—SOLICITATION PROVISIONS AND CONTRACT CLAUSES

        6. Amend section 252.217-7000 by—
        a. Revising the introductory text, clause title and date; and
        b. Revising Alternate I.
        The revisions read as follows:

          252.217-7000
           Exercise of Option to Fulfill Foreign Military Sales Commitments.
          As prescribed in 217.208-70(a), use one of the following clauses:

            Basic. As prescribed in 217.208-70(a)(1), use the following clause.
          Exercise of Option To Fulfill Foreign Military Sales Commitments—Basic (Date)

            Alternate I. As prescribed in 217.208-70(a)(2), use the following clause, which uses a different paragraph (b) than paragraph (b) of the basic clause.
          Exercise of Option To Fulfill Foreign Military Sales Commitments—Alternate I (Date)

            (a) The Government may exercise the option(s) of this contract to fulfill foreign military sales commitments.
            (b) On the date the option is exercised, the Government shall identify the foreign country for the purpose of negotiating any equitable adjustment attributable to foreign military sales. Failure to agree on an equitable adjustment shall be treated as a dispute under the Disputes clause of this contract.

          (End of clause)

        7. Amend section 252.234-7003 by—
        a. Revising the introductory text, clause title and date; and
        b. Revising Alternate I.
        The revisions read as follows:

          252.234-7003
           Notice of Cost and Software Data Reporting System
          As prescribed in 234.7101(a) use one of the following provisions:

            Basic. As prescribed in 234.7101(a)(1), use the following provision.
          Notice of Cost and Software Data Reporting System—Basic (Date)

            Alternate I. As prescribed in 234.7101(a)(2), use the following provision, which uses a different paragraph (c) than the basic provision.
          Notice of Cost and Software Data Reporting System—Alternate I (Date)

            (a) This solicitation includes—
            (1) The Government-approved cost and software data reporting (CSDR) plan for the contract, DD Form 2794; and
            (2) The related Resource Distribution Table.
            (b) As part of its proposal, the offeror shall—
            (1) Describe the process to be used to satisfy the requirements of the DoD 5000.04-M-1, CSDR Manual, and the Government-approved CSDR plan for the proposed contract;
            (2) Demonstrate how contractor cost and data reporting (CCDR) will be based, to the maximum extent possible, upon actual cost transactions and not cost allocations;
            (3) Demonstrate how the data from its accounting system will be mapped into the standard reporting categories required in the CCDR data item descriptions;
            (4) Describe how recurring and nonrecurring costs will be segregated;
            (5) Provide comments on the adequacy of the CSDR contract plan and related Resource Distribution Table; and
            (6) Submit the DD Form 1921, Cost Data Summary Report, and DD Form 1921-1, Functional Cost-Hour Report, with its pricing proposal.
            (c) CSDR reporting will be required for subcontractors for selected subcontracts identified in the CSDR contract plan as requiring such reporting. The offeror shall identify, by providing comments on the Resource Distribution Table, the subcontractors, or, if the subcontractors have not been selected, the subcontracted effort.

          (End of provision)

        8. Amend section 252.234-7004 by—
        a. Revising the introductory text, clause title and date; and
        b. Revising Alternate I.
        The revisions read as follows:

          252.234-7004
           Cost and Software Data Reporting System
          As prescribed in 234.7101(b), use one of the following clauses:

            Basic. As prescribed at 234.7101(b)(1), use the following clause.

          Cost and Software Data Reporting System—Basic (Date)

            Alternate I. As prescribed in 234.7101(b)(2), use the following clause, which uses a different paragraph (b) than the basic clause.
          Cost and Software Data Reporting System—Alternate I (Date)

            (a) In the performance of this contract, the Contractor shall use—
            (1) A documented standard cost and software data reporting (CSDR) process that satisfies the guidelines contained in the DoD 5000.04-M-1, CSDR Manual;
            (2) Management procedures that provide for generation of timely and reliable information for the contractor cost data reports (CCDRs) and software resources data reports (SRDRs) required by the CCDR and SRDR data items of this contract; and
            (3) The Government-approved CSDR plan for this contract, DD Form 2794, and the related Resource Distribution Table as the basis for reporting in accordance with the required CSDR data item descriptions (DIDs).
            (b) The Contractor shall require CSDR reporting from selected subcontractors identified in the CSDR contract plan as requiring such reporting. If the Contractor changes subcontractors or makes new awards for selected subcontract effort, the Contractor shall notify the Government.

          (End of clause)

        9. Amend section 252.237-7002 by—
        a. Revising the introductory text, provision title and date; and
        b. Revising Alternate I.
        The revisions read as follows:

          252.237-7002
           Award to Single Offeror.
          As prescribed in 237.7003(a), use one of the following provisions:

            Basic. As prescribed in 237.7003(a)(1), use the following provision.
          Award to Single Offeror—Basic (Date)

            Alternate I. As prescribed in 237.7003(a)(2), use the following provision, which uses a different paragraph (d) than the basic provision.
          Award to Single Offeror—Alternate I (Date)

            (a) Award shall be made to a single offeror.
            (b) Offerors shall include unit prices for each item. Failure to include unit prices for each item will be cause for rejection of the entire offer.
            (c) The Government will evaluate offers on the basis of the estimated quantities shown.
            (d) Award will be made to that responsive, responsible offeror whose total aggregate offer is in the best interest of the Government.

          (End of provision)

        10. Amend section 252.237-7016 by—
        a. Revising the introductory text, provision title and date; and
        b. Revising Alternate I and Alternate II.
        The revisions read as follows:

          252.237-7016
           Delivery Tickets.
          As prescribed in 237.7101(e), use one of the following clauses:

            Basic. As prescribed in 237.7101(e)(1), use the following clause.
          Delivery Tickets—Basic (Date)

            Alternate
            I. As prescribed in 237.7101(e)(2), use the following clause, which includes paragraphs (c), (d), and (e) not included in the basic clause.
          Delivery Tickets—Alternate I (Date)

            (a) The Contractor shall complete delivery tickets in the number of copies required and in the form approved by the Contracting Officer, when it receives the articles to be serviced.
            (b) The Contractor shall include one copy of each delivery ticket with its invoice for payment.
            (c) Before the Contractor picks up articles for service under this contract, the Contracting Officer will ensure that—
            (1) Each bag contains only articles within a single bag type as specified in the schedule; and
            (2) Each bag is weighed and the weight and bag type are identified on the bag.
            (d) The Contractor shall, at time of pickup—
            (1) Verify the weight and bag type and record them on the delivery ticket; and
            (2) Provide the Contracting Officer, or representative, a copy of the delivery ticket.
            (e) At the time of delivery, the Contractor shall record the weight and bag type of serviced laundry on the delivery ticket. The Contracting Officer will ensure that this weight and bag type are verified at time of delivery.

          (End of clause)

            Alternate II. As prescribed in 237.7101(e)(3), use the following clause, which includes paragraphs (c), (d), and (e) not included in the basic clause.
          Delivery Tickets—Alternate II (Date)

            (a) The Contractor shall complete delivery tickets in the number of copies required and in the form approved by the Contracting Officer, when it receives the articles to be serviced.
            (b) The Contractor shall include one copy of each delivery ticket with its invoice for payment.
            (c) Before the Contractor picks up articles for service under this contract, the Contracting Officer will ensure that each bag is weighed and that the weight is identified on the bag.
            (d) The Contractor, at time of pickup, shall verify and record the weight on the delivery ticket and shall provide the Contracting Officer, or representative, a copy of the delivery ticket.
            (e) At the time of delivery, the Contractor shall record the weight of serviced laundry on the delivery ticket. The Contracting Officer will ensure that this weight is verified at time of delivery.

          (End of clause)

      [FR Doc. 2014-12134 Filed 5-27-14; 8:45 am]
      BILLING CODE 5001-06-P


        DEPARTMENT OF THE INTERIOR
        Fish and Wildlife Service
        50 CFR Part 17
        [Docket No. FWS-R1-ES-2013-0013; 4500030113; Docket No. FWS-R1-ES-2013-0088; 4500030114]
        RIN 1018-AZ04; RIN 1018-AZ56
        Endangered and Threatened Wildlife and Plants; Threatened Status and Designation of Critical Habitat for Oregon Spotted Frog (Rana pretiosa)

          AGENCY:
          Fish and Wildlife Service, Interior.

          ACTION:
          Proposed rule; extension of public comment period and notice of public hearing.

          SUMMARY:

          We, the U.S. Fish and Wildlife Service (Service), recently published a proposed listing and proposed designation of critical habitat for the Oregon spotted frog (Rana pretiosa) under the Endangered Species Act of 1973, as amended (Act), and announced a 60-day public comment period on the proposed actions, ending October 28, 2013. We now extend the public comment period to November 12, 2013, and announce notice of a public hearing on our proposed rules. We are extending the public comment period to allow all interested parties additional time to comment on the proposed rules.

          DATES:

            Written Comments: The comment period for the proposed rules published August 29, 2013 (78 FR 53582 and 78 FR 53538) is extended. We will consider comments received or postmarked on or before November 12, 2013, or at the public hearing. Please note comments submitted electronically using the Federal eRulemaking Portal (see ADDRESSES) must be received by 11:59 p.m. Eastern Time on the closing date. Any comments that we receive after the closing date may not be considered in the final decisions on these actions.

            Public Hearing: We will hold one public hearing on Monday, October 21, 2013. The hearing will occur from 3 p.m. to 5 p.m. and will continue from 6 p.m. to 8 p.m.

          ADDRESSES:

            Document Availability: You may obtain copies of the proposed rule at http://www.regulations.gov at Docket No. FWS-R1-ES-2013-0013 (proposed listing) and Docket No. FWS-R1-ES-2013-0088 (proposed designation of critical habitat); from the Washington Fish and Wildlife Office's Web site (http://www.fws.gov/wafwo); or by contacting the Washington Fish and Wildlife Office directly (see FOR FURTHER INFORMATION CONTACT).

            Public Hearing: The public hearing for the Oregon spotted frog will be held on Monday, October 21, 2013, at Norman Worthington Conference Center at St. Martin's University, 5300 Pacific Avenue SE., Lacey, Washington 98503. People needing reasonable accommodation in order to attend and participate in either public hearing should contact Ken Berg, Manager, Washington Fish and Wildlife Office, as soon as possible (see FOR FURTHER INFORMATION CONTACT).

            Comment submission: You may submit written comments by one of the following methods:
          (1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. Submit comments on the proposed listing rule to FWS-R1-ES-2013-0013. Submit comments on the proposed critical habitat rule to FWS-R1-ES-2013-0088.
          (2) By hard copy:

          Submit comments on the proposed listing rule by U.S. mail or hand-delivery to: Public Comments Processing, Attn: FWS-R1-ES-2013-0013; Division of Policy and Directives Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, MS 2042-PDM; Arlington, VA 22203.
          Submit comments on the proposed critical habitat rule by U.S. mail or hand-delivery to: Public Comments Processing, Attn: FWS-R1-ES-2013-0088; Division of Policy and Directives Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, MS 2042-PDM; Arlington, VA 22203.

          We request that you send comments only by the methods described above. 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:
          Ken S. Berg, Manager, Washington Fish and Wildlife Office, 510 Desmond Drive, Suite 102, Lacey, WA 98503-1263; by telephone (360) 753-9440; or by facsimile (360) 534-9331. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 800-877-8339.

        SUPPLEMENTARY INFORMATION:

        Public Comments

        We are extending the public comment period for 15 days on our proposed listing and proposed designation of critical habitat for the Oregon spotted frog that were published in the Federal Register on August 29, 2013 (78 FR 53582 and 78 FR 53538), to allow all interested parties additional time to comment on the proposed rules. We will accept written comments and information until November 12, 2013, or at the public hearing. We will consider all information and recommendations from all interested parties.

        For additional details on specific information we are requesting, please see the Information Requested sections in our proposed listing (78 FR 53582) and proposed critical habitat designation (78 FR 53538) for the Oregon spotted frog that were published in the Federal Register on August 29, 2013.

        You may submit your comments and materials concerning the proposed rules by one of the methods listed in ADDRESSES. We request that you send comments only by the methods described in ADDRESSES.
        If you submit a comment via http://www.regulations.gov, your entire comment—including any personal identifying information—will be posted on the Web site. We will post all hardcopy comments on http://www.regulations.gov as well. If you submit a hardcopy comment that includes personal identifying information, 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 the proposed rule, will be available for public inspection on http://www.regulations.gov at Docket No. FWS-R1-ES-2013-0013 for the proposed listing action and at Docket No. FWS-R1-ES-2013-0088 for the proposed critical habitat designation, or by appointment, during normal business hours, at the U.S. Fish and Wildlife Service, Washington Fish and Wildlife Office (see FOR FURTHER INFORMATION CONTACT).

          Authority:

           The authority for this action is the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).

          Dated: September 18, 2013.
          Michael Bean,
          Acting Principal Deputy Assistant Secretary for Fish and Wildlife and Parks.

      [FR Doc. 2013-23410 Filed 9-25-13; 8:45 am]
      BILLING CODE 4310-55-P


        DEPARTMENT OF COMMERCE
        National Oceanic and Atmospheric Administration
        50 CFR Part 635
        RIN 0648-BB29
        Atlantic Highly Migratory Species; 2006 Consolidated Highly Migratory Species Fishery Management Plan; Amendment 5

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

          ACTION:
          Notice of public hearings.

          SUMMARY:
          On November 26, 2012, NMFS published a proposed rule for Amendment 5 to the 2006 Consolidated Highly Migratory Species (HMS) Fishery Management Plan (FMP) in response to several shark stock assessments that were completed from 2009 to 2012. As described in the proposed rule, NMFS is proposing measures that would reduce fishing mortality and effort in order to rebuild overfished Atlantic shark species while ensuring that a limited sustainable shark fishery can be maintained consistent with our legal obligations. The proposed measures include changes to commercial quotas and species groups, the creation of several time/area closures, a change to an existing time/area closure, an increase in the recreational minimum size restrictions, and the establishment of recreational reporting for certain species of sharks. Comments received by NMFS will be considered in the development and finalization of Amendment 5 to the 2006 Consolidated HMS FMP. This notice announces public hearings, conference calls, and an HMS Advisory Panel meeting to discuss the proposed rule.

          DATES:

          Written comments will be accepted until February 12, 2013. Public hearings, conference calls, and an HMS Advisory Panel meeting for the Amendment 5 proposed rule will be held from December 2012 to February 2013. See SUPPLEMENTARY INFORMATION for meeting dates, times, and locations.

          ADDRESSES:

          Public hearings will be held in Massachusetts, New Jersey, North Carolina, Florida, and Louisiana, and via phone call/webinar. NMFS will hold an HMS Advisory Panel meeting in Maryland. See SUPPLEMENTARY INFORMATION for dates, times, and locations.
          You may submit comments on this document, identified by NOAA-NMFS-2012-0161, by any of the following methods:
          • Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal www.regulations.gov. To submit comments via the e-Rulemaking Portal, first click the “submit a comment” icon, then enter NOAA-NMFS-2012-0161 in the keyword search. Locate the document you wish to comment on from the resulting list and click on the “Submit a Comment” icon on the right of that line.
          • Mail: Submit written comments to Peter Cooper, 1315 East-West Highway, Silver Spring, MD 20910. Please mark the outside of the envelope “Comments on the Draft Amendment 5 to the 2006 Consolidated HMS FMP.”
          • Fax: 301-713-1917; Attn: Peter Cooper.

            Instructions: Comments must be submitted by one of the above methods to ensure that the comments are received, documented, and considered by NMFS. 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. All comments received are a part of the public record and generally will be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address, etc.) submitted voluntarily by the sender will be publicly accessible. Do not submit confidential business information, or otherwise sensitive or protected information. NMFS will accept anonymous comments (enter “N/A” in the required fields if you wish to remain anonymous). Attachments to electronic comments will be accepted in Microsoft Word or Excel, WordPerfect, or Adobe PDF file formats only.

          FOR FURTHER INFORMATION CONTACT:
          Peter Cooper, Guý DuBeck, Michael Clark, or Karyl Brewster-Geisz at 301-427-8503.

        SUPPLEMENTARY INFORMATION:

        The Atlantic shark fisheries are managed under the Magnuson-Stevens Act. Management of these species is described in the 2006 Consolidated HMS FMP, which is implemented by regulations at 50 CFR part 635. Copies of the 2006 Consolidated HMS FMP and amendments are available from NMFS on request (see FOR FURTHER INFORMATION CONTACT).
        On November 26, 2012 (77 FR 70552), NMFS published a proposed rule for draft Amendment 5 to the 2006 Consolidated HMS FMP based on several shark stock assessments that were completed from 2009 to 2012. The assessments for Atlantic blacknose, dusky, and scalloped hammerhead sharks indicated that these species are overfished and experiencing overfishing. As described in the proposed rule, NMFS is proposing measures that would reduce fishing mortality and effort in order to rebuild overfished Atlantic shark species while ensuring that a limited sustainable shark fishery can be maintained consistent with our legal obligations and the 2006 Consolidated HMS FMP. The proposed measures include changes to commercial quotas and species groups, the creation of several time/area closures, a change to an existing time/area closure, an increase in the recreational minimum size restrictions, and the establishment of recreational reporting for certain species of sharks. Any comments received during the comment period will be considered in the development and finalization of Amendment 5 to the 2006 Consolidated HMS FMP.
        Request for Comments

        Six public hearings will be held in Florida (2), Louisiana, Massachusetts, New Jersey, and North Carolina to provide the opportunity for public comment on the measures described in the proposed rule and draft Amendment 5. NMFS will also hold two public conference calls/webinars to provide individuals opportunity to submit public comment if they are unable to attend a public hearing.
        NMFS expects to consult with the HMS Advisory Panel on January 8, 2013, on the proposed rule and draft Amendment 5. This HMS Advisory Panel meeting will consist of a presentation of the proposed measures followed by a discussion with the Advisory Panel. There will also be an opportunity for public comment in an open session after the Advisory Panel discussion. See Table 1 for times, dates, and location.
        NMFS has also asked to present information on the proposed rule and draft Amendment 5 to the Caribbean, Gulf of Mexico, South Atlantic, Mid-Atlantic, and New England Fishery Management Councils. Information on the date and time of those presentations will be provided on the appropriate council agenda.

          Table 1—Dates, Times and Locations of Upcoming Public Hearings, Conference Calls, and HMS Advisory Panel Meeting

            Venue
            Date/time
            Meeting locations
            Location contact information

            HMS Advisory Panel Meeting
            January 8, 2013, 10 a.m.-3 p.m.
            Silver Spring, MD
            Silver Spring Civic Center, One Veteran's Place, Silver Spring, MD 20910, (240) 777-5350.

            Conference call/Webinar
            January 9, 2013, 1 p.m.-4 p.m.

            To participate in conference call, call: (888) 469-2979, Passcode: 2809363, To participate in webinar, RSVP at: https://www1.gotomeeting.com/register/74030603, A confirmation email with webinar log-in information will be sent after RSVP is registered.

            Public Hearing
            January 17, 2013, 5 p.m.-8 p.m.
            Vero Beach, FL
            Vero Beach Community Center, 2266 14th Avenue, Vero Beach, FL 32960, (772) 770-6517.

            Public Hearing
            January 15, 2013, 4 p.m.-7 p.m.
            Madeira Beach, FL
            Gulf Beaches Public Library, 100 Municipal Drive, Madeira Beach, FL 33708, (727) 391-2828.

            Public Hearing
            January 22, 2013, 5 p.m.-8 p.m.
            Manalapan, NJ
            Monmouth County Public Library—Headquarters, 125 Symmes Road, Manalapan, NJ 07726, (732) 431-7220.

            Public Hearing
            January 24, 2013, 5 p.m.-8 p.m.
            Manteo, NC
            Commissioner's Meeting Room, Dare County Administration Building, 954 Marshall C. Collins Drive, Manteo, NC 27954.

            Public Hearing
            January 30, 2013, 5 p.m.-8 p.m.
            Gloucester, MA
            NOAA Fisheries Service, 55 Great Republic Drive, Gloucester, MA.

            Public Hearing
            February 7, 2013, 5 p.m.-8 p.m.
            Belle Chasse, LA
            Belle Chasse Auditorium, 8398 Hwy 23, Belle Chasse, LA 70037.

            Conference Call
            February 5, 2013, 5 p.m.-8 p.m.

            To participate in conference call, call: (888) 469-2979, Passcode: 2809363, To participate in webinar, RSVP at: https://www1.gotomeeting.com/register/623300105, A confirmation email with webinar log-in information will be sent after RSVP is registered.

        NMFS welcomes comments on any aspect or alternative considered in the proposed rule. NMFS is specifically seeking comments on the administration of dusky shark bycatch caps program in select areas given limited additional observer program resources; the name of reconfigured groupings of sharks that would continue to be managed collectively in the reminder of what is currently the large coastal shark complex for quota monitoring purposes; suggestions for improving angler identification of shark species and reducing dusky shark mortality in the recreational fishery; and whether NMFS should permit the transit of closed areas if certain otherwise prohibited gear is properly stowed and inoperable.
        Public Hearing Code of Conduct
        The public is reminded that NMFS expects participants at public hearings and on phone conferences to conduct themselves appropriately. At the beginning of each meeting, a representative of NMFS will explain the ground rules (e.g., alcohol is prohibited from the meeting room; attendees will be called to give their comments in the order in which they registered to speak; each attendee will have an equal amount of time to speak; attendees may not interrupt one another; etc.). The NMFS representative will structure the meeting so that all attending members of the public will be able to comment, if they so choose, regardless of the controversial nature of the subject(s). Attendees are expected to respect the ground rules, and those that do not will be asked to leave the meeting.

          Authority:
           16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.

          Dated: December 5, 2012.
          Emily H. Menashes,
          Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.

      [FR Doc. 2012-29899 Filed 12-10-12; 8:45 am]
      BILLING CODE 3510-22-P


        DEPARTMENT OF COMMERCE
        National Oceanic and Atmospheric Administration
        50 CFR Part 660
        [I.D.080902A]
        Western Pacific Fishery Management Council; Public Meetings

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

          ACTION:
          Notice of public meetings/public hearings.

          SUMMARY:
          The Western Pacific Fishery Management Council (Council) will meet on August 29, 2002, at 2 p.m.

          ADDRESSES:
          The Council meeting will be held via telephone conference call at the Council offices, 1164 Bishop Street, Suite 1400, Honolulu Hawaii 96813; telephone: 808-522-8220; FAX: (808)522-8226.

          FOR FURTHER INFORMATION CONTACT:
          Kitty M. Simonds, Executive Director; telephone:  808-522-8220.

        SUPPLEMENTARY INFORMATION:
        Public Hearing
        A public hearing will be conducted for final action on American Samoa longline fishery limited entry program, on Wednesday, August 29, 2002, at 3 p.m.
        Public comment periods will be provided throughout the agenda.  The order in which agenda items are addressed may change.  The Council will meet as late as necessary to complete scheduled business.  The agenda during the Council meeting will include the items listed below:
        1.-Pelagic Fisheries
        -(i) American Samoa longline limited entry program
        -(ii) Public hearing

        -The Council will hold a public hearing on the preferred alternative for the American Samoa longline fishery limited entry program, and may take final action on these management measures.  At its 113th meeting, the Council adopted a limited entry program for the American Samoa longline fishery.  This action was prompted by the doubling of the number of fishing vessels participating in the American Samoa longline fishery during 2001, and a fourfold rise in the level of fishing effort in terms of hooks set.  Unlike Hawaii, American Samoa is surrounded by the exclusive economic zones (EEZs) of other nations and options for fishing elsewhere are limited.  Consequently, gear conflict and competition for resources are likely to increase as the level of fishing within the American Samoa EEZ increases.  At the 113th Council meeting, the Council reviewed the options for a limited entry program and developed and adopted a preferred alternative that would limit entry into the American Samoa EEZ longline fishery.  The proposed program would create four vessel size classes and limit initial entry to historical participants in the longline fishery.  Permits would be transferable subject to certain criteria.  Provisions would be made to allow participants to upgrade from small to larger longline vessels.  The Council also discussed measures to require observers and vessel monitoring systems on some vessels.  However, the Council recognized that the final format of the limited entry program required additional revisions to the draft Pelagic Fisheries Management Plan (PFMP) amendment and the draft regulations therein and put these on the agenda for the 114th Council meeting.  The Council will review the revised PFMP amendment and regulations, consider final management measures, and vote on whether to send the amendment document to NMFS for review and approval.-
        2.  Fishery rights of indigenous peoples: Community demonstration projects program-A. Selection of projects for funding
        B. Solicitation of new project proposals--Following the reauthorization of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) in 1996, The Secretary of Commerce and the Secretary of the Interior were authorized to make direct grants to eligible western Pacific communities, as recommended by the Council, for the purpose of establishing fishery demonstration projects to foster and promote traditional indigenous fishing practices.  Criteria for fishery demonstration projects were published in April 2002, and proposals for fishery demonstration projects were subsequently solicited.  The Native and Indigenous Advisory Panel will review these proposals in the week preceding the Council meeting and recommend to the Council which projects should be funded.  The Council may concur with these recommendations or prefer to make recommendations of its own on those projects for funding.  The Council may also decide to initiate another request for project proposals.
        Other Business-Although non-emergency issues not contained in this agenda may come before the Council for discussion, those issues may not be the subject of formal Council action during this meeting.  Council action will be restricted to those issues specifically listed in this document and to any issue arising after publication of this document that requires emergency action under section 305(c) of the Magnuson-Stevens Act, provided that the public has been notified of the Council's intent to take final action to address the emergency.
        Special Accommodations
        This meeting is physically accessible to people with disabilities.  Requests for sign language interpretation or other auxiliary aids should be directed to Kitty M. Simonds, 808-522-8220 (voice) or 808-522-8226 (fax), at least 5 days prior to the meeting date.

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

          Dated: August 9, 2002.
          Richard W. Surdi,
          Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.

      [FR Doc. 02-20662 Filed 8-13-02; 8:45 am]
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