        DEPARTMENT OF THE INTERIOR
        Fish and Wildlife Service
        50 CFR Part 20
        [FWS-R9-MB-2008-0090; 91200-1231-9BPP-L2]
        RIN 1018-AW19
        Migratory Bird Hunting; Hunting Methods for Resident Canada Geese

          AGENCY:
          Fish and Wildlife Service, Interior.

          ACTION:
          Proposed rule.

          SUMMARY:
          The U.S. Fish and Wildlife Service (Service or “we”) proposes to amend the regulations on resident Canada goose management. This proposed rule clarifies the requirements for use of expanded hunting methods during special September hunting seasons. One requirement in the regulations has been misinterpreted, and we are taking this action to make sure that our regulations are clear for the States and the public.

          DATES:
          Comments on this proposed rule must be received by September 5, 2008.

          ADDRESSES:
          You may submit comments on the proposals by one of the following methods:
          • Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.
          • U.S. mail or hand-delivery: Public Comments Processing, Attn: 1018-XXXX; 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).

          You may obtain copies of the Final Environmental Impact Statement (FEIS) on resident Canada goose management from the above address or from the Division of Migratory Bird Management Web site at http://fws.gov/migratorybirds/issues/cangeese/finaleis.htm.

          FOR FURTHER INFORMATION CONTACT:

          Robert Blohm, Chief, Division of Migratory Bird Management, or Ron Kokel (703) 358-1714 (see ADDRESSES).

        SUPPLEMENTARY INFORMATION:
        Authority and Responsibility
        Migratory birds are protected under four bilateral migratory bird treaties the United States entered into with Great Britain (for Canada in 1916 as amended in 1999), the United Mexican States (1936 as amended in 1972 and 1999), Japan (1972 as amended in 1974), and the Soviet Union (1978). Regulations allowing the take of migratory birds are authorized by the Migratory Bird Treaty Act (16 U.S.C. 703-711), and the Fish and Wildlife Improvement Act of 1978 (16 U.S.C. 712). The Migratory Bird Treaty Act (Act), which implements the above-mentioned treaties, provides that, subject to and to carry out the purposes of the treaties, the Secretary of the Interior is authorized and directed to determine when, to what extent, and by what means allowing hunting, killing, and other forms of taking of migratory birds, their nests, and eggs is compatible with the conventions. The Act requires the Secretary to implement a determination by adopting regulations permitting and governing those activities.
        Canada geese are Federally protected by the Act by reason of the fact that they are listed as migratory birds in all four treaties. Because Canada geese are covered by all four treaties, regulations must meet the requirements of the most restrictive of the four. For Canada geese, this is the treaty with Canada. All regulations concerning resident Canada geese are compatible with its terms, with particular reference to Articles VII, V, and II.

        Each treaty not only permits sport hunting, but permits the take of migratory birds for other reasons, including scientific, educational, propagative, or other specific purposes consistent with the conservation principles of the various Conventions. More specifically, Article VII, Article II (paragraph 3), and Article V of “The Protocol Between the Government of the United States of America and the Government of Canada Amending the 1916 Convention between the United Kingdom and the United States of America for the Protection of Migratory Birds in Canada and the United States” provides specific limitations on allowing the take of migratory birds for reasons other than sport hunting. Article VII authorizes permitting the take, kill, etc., of migratory birds that, under extraordinary conditions, become seriously injurious to agricultural or other interests. Article V relates to the taking of nests and eggs, and Article II, paragraph 3, states that, in order to ensure the long-term conservation of migratory birds, migratory bird populations shall be managed in accord with listed conservation principles.
        The other treaties are less restrictive. The treaties with both Japan (Article III, paragraph 1, subparagraph (b)) and the Soviet Union (Article II, paragraph 1, subparagraph (d)) provide specific exceptions to migratory bird take prohibitions for the purpose of protecting persons and property. The treaty with Mexico requires, with regard to migratory game birds, only that there be a “closed season” on hunting and that hunting be limited to 4 months in each year.
        Regulations governing the issuance of permits to take, capture, kill, possess, and transport migratory birds are promulgated in title 50, Code of Federal Regulations (CFR), parts 13 and 21, and issued by the Service. The Service annually promulgates regulations governing the take, possession, and transportation of migratory birds under sport hunting seasons in 50 CFR part 20.
        Background
        On August 10, 2006, we published in the Federal Register (71 FR 45964), a final rule establishing regulations in 50 CFR parts 20 and 21 authorizing State wildlife agencies, private landowners, and airports to conduct (or allow) indirect and/or direct population control management activities, including the take of birds, on resident Canada goose populations. On August 20, 2007, we published in the Federal Register (72 FR 46403), a final rule that clarified and slightly modified several program requirements in 50 CFR parts 20 and 21 regarding eligibility, definitions, methodologies, and dates. This proposed rule further seeks to clarify the use of expanded hunting methods during special September hunting seasons.
        Expanded Hunting Methods During September Special Seasons

        One of the components in the resident Canada goose management program is to provide expanded hunting methods and opportunities to increase the sport harvest of resident Canada geese above that which results from existing September special Canada goose seasons. The regulatory changes in § 20.21(b) and (g) codified in the August 10, 2006, and August 20, 2007, final rules provide State wildlife management agencies and Tribal entities the option of authorizing the use of unplugged shotguns (paragraph (b)) and electronic calls (paragraph (g)) during the first portion of existing, operational September Canada goose seasons (i.e., September 1-15, § 20.21(b)(2)(i) and § 20.21(g)(2)(i)). The final rules also stated that utilization of these additional hunting methods during any new special seasons or other existing, operational special seasons (i.e., September 16-30, § 20.21(b)(2)(ii) and § 20.21(g)(2)(ii)) can be approved by the Service and require demonstration of a minimal impact to migrant Canada goose populations. Further, we will authorize these seasons (i.e., those after September 15) on a case-by-case basis through the normal migratory bird hunting regulatory process.

        All of these expanded hunting methods and opportunities must be conducted outside of any other open waterfowl season (i.e., when all other waterfowl and crane hunting seasons are closed). Thus, any State listed in § 20.21(b)(2) and (g)(2) may select the use of these expanded hunting methods during September 1-15 without annual Service approval, and during September 16-30 with annual Service approval.
        This Proposed Rule

        We have become aware of concerns that, as written, the regulations in § 20.21(b)(2) and (g)(2) do not require annual promulgation in the Federal Register of a State's decision to use these expanded hunting methods during the period September 1-15. Language in § 20.21(b)(2)(ii) and (g)(2)(ii) requires that any decision by the States to use these expanded hunting methods during the period of September 16-20 be incorporated in the annual migratory bird hunting regulations. The result is that the States are required to notify us of their decision. Because this same language does not appear in § 20.21(b)(2)(i) and (g)(2)(i), the existing regulations could be interpreted as requiring notification by a State only for the period September 16-20 and not for the period September 1-15. We codify all the other season dates, daily bag limits, area restrictions, shooting hours, etc., annually in late August, so this interpretation of the regulations was clearly not our intention.
        Therefore, we propose to amend § 20.21(b)(2)(i) and (g)(2)(i) by adding the phrase “when approved in the annual regulatory schedule in subpart K of this part” to expressly require States to inform us of their annual selections on the use of these expanded hunting methods during the period of September 1-15. This is the same language that currently exists in § 20.21(b)(2)(ii) and (g)(2)(ii) that requires such notification by the States for the period September 16-30. As a result of these proposed amendments, all State selections, or nonselections, of these expanded hunting methods during September would require publication in the annual regulatory schedule in subpart K of part 20.
        Public Comments Solicited
        The Department of the Interior's policy is, whenever practicable, to afford the public an opportunity to participate in the rulemaking process. Accordingly, we invite interested persons to submit written comments, suggestions, or recommendations regarding the proposed regulations. Before promulgation of a final regulation, we will take into consideration all comments received. Such comments, and any additional information received, may lead to final regulations that differ from these proposals.

        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 accept anonymous comments; your comment must include your first and last name, city, State, country, and postal (zip) code. Finally, 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 addition to the required items specified in the previous paragraph, such as your street address, phone number, or e-mail address, 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, Division of Migratory Bird Management, Room 4107, 4501 North Fairfax Drive, Arlington, VA 22203.

        NEPA Considerations

        In compliance with the requirements of section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(C)), and the Council on Environmental Quality's regulation for implementing NEPA (40 CFR 1500-1508), we published the availability of a Draft Environmental Impact Statement (DEIS) on March 7, 2002 (67 FR 10431), followed by a 91-day comment period. We subsequently reopened the comment period for 60 additional days (68 FR 50546, August 21, 2003). On November 18, 2005, both the Service and the Environmental Protection Agency published notices of availability for the FEIS in the Federal Register (70 FR 69966 and 70 FR 69985). On August 10, 2006, we published our Record of Decision (ROD) in the Federal Register (71 FR 45964). The FEIS is available to the public (see ADDRESSES). The proposed changes to the resident Canada goose regulations fall within the scope of the FEIS.
        Endangered Species Act Consideration

        Section 7(a)(2) of the Endangered Species Act (ESA), as amended (16 U.S.C. 1531-1543; 87 Stat. 884) provides that “Each Federal agency shall, in consultation with and with the assistance of the Secretary, insure that any action authorized, funded, or carried out * * * is not likely to jeopardize the continued existence of any endangered species or threatened species or result in the destruction or adverse modification of [critical] habitat * * *.” We completed a biological evaluation and informal consultation (both available upon request; see ADDRESSES) under Section 7 of the ESA for the action described in the August 10 final rule. In the letter of concurrence between the Division of Migratory Bird Management and the Division of Endangered Species, we concluded that the inclusion of specific conservation measures in the final rule satisfied concerns about certain species and that the action was not likely to adversely affect any threatened, endangered, or candidate species. This proposed change falls within the scope of that informal consultation.
        Regulatory Flexibility Act
        The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.) requires the preparation of flexibility analyses for actions that will have a significant economic impact on a substantial number of small entities, which includes small businesses, organizations, or governmental jurisdictions. We discussed these impacts in the August 10 final rule. For the reasons detailed in that rule, we have determined that a Regulatory Flexibility Act analysis is not required.
        Executive Order 12866
        The Office of Management and Budget (OMB) has determined that this rule is not significant and has reviewed this rule under Executive Order 12866. OMB bases its determination upon the following four criteria:
        (a) Whether the rule will have an annual effect of $100 million or more on the economy or adversely affect an economic sector, productivity, jobs, the environment, or other units of the government.
        (b) Whether the rule will create inconsistencies with other Federal agencies' actions.
        (c) Whether the rule will materially affect entitlements, grants, user fees, loan programs, or the rights and obligations of their recipients.
        (d) Whether the rule raises novel legal or policy issues.
        Small Business Regulatory Enforcement Fairness Act
        This rule is not a major rule under 5 U.S.C. 804(2), the Small Business Regulatory Enforcement Fairness Act. It will not have an annual effect on the economy of $100 million or more; nor will it cause a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions. It will not have significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S.-based enterprises to compete with foreign-based enterprises.
        Paperwork Reduction Act and Information Collection
        This proposed rule does not contain any new information collection or recordkeeping requirements subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d). OMB has approved and assigned control number 1018-0133, which expires on 08/31/2009, to the regulations concerning the control and management of resident Canada geese.
        We may not conduct or sponsor and you are not required to respond to a collection of information unless it displays a currently valid OMB control number.
        Unfunded Mandates Reform Act

        The Unfunded Mandates Reform Act of 1995 requires agencies to assess the effects of Federal regulatory actions on State, local, and tribal governments and the private sector. The purpose of the act is to strengthen the partnership between the Federal Government and State, local, and tribal governments and to end the imposition, in the absence of full consideration by Congress, of Federal mandates on these governments without adequate Federal funding, in a manner that may displace other essential governmental priorities. We have determined, in compliance with the requirements of the Unfunded Mandates Reform Act, 2 U.S.C. 1502 et seq., that this action will not “significantly or uniquely” affect small governments, and will not produce a Federal mandate of $100 million or more in any given year on local or State government or private entities. Therefore, this action is not a “significant regulatory action” under the Unfunded Mandates Reform Act.
        Civil Justice Reform—Executive Order 12988
        We have determined that these regulations meet the applicable standards provided in Sections 3(a) and 3(b)(2) of Executive Order 12988. Specifically, this rule has been reviewed to eliminate errors and ambiguity, has been written to minimize litigation, provides a clear legal standard for affected conduct, and specifies in clear language the effect on existing Federal law or regulation. We do not anticipate that this rule will require any additional involvement of the justice system beyond enforcement of provisions of the Migratory Bird Treaty Act of 1918 that have already been implemented through previous rulemakings.
        Takings Implication Assessment
        In accordance with Executive Order 12630, this action, authorized by the Migratory Bird Treaty Act, does not have significant takings implications and does not affect any constitutionally protected property rights. This action will not result in the physical occupancy of property, the physical invasion of property, or the regulatory taking of any property. In fact, this action will help alleviate private and public property damage and concerns related to public health and safety and allow the exercise of otherwise unavailable privileges.
        Federalism Effects

        Due to the migratory nature of certain species of birds, the Federal Government has been given statutory responsibility over these species by the Migratory Bird Treaty Act. While legally this responsibility rests solely with the Federal Government, it is in the best interest of the migratory bird resource for us to work cooperatively with the Flyway Councils and States to develop and implement the various migratory bird management plans and strategies.
        The August 10 final rule and this proposed rule were developed following extensive input from the Flyway Councils, States, and Wildlife Services. Individual Flyway management plans were developed and approved by the four Flyway Councils, and States actively participated in the scoping process for the DEIS. This rule does not have a substantial direct effect on fiscal capacity, change the roles or responsibilities of Federal or State governments, or intrude on State policy or administration. The rule allows States the latitude to develop and implement their own resident Canada goose management action plan within the frameworks of the selected alternative. Therefore, in accordance with Executive Order 13132, this rule does not have significant federalism effects and does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment.
        Government-to-Government Relationship With Tribes
        In accordance with the President's memorandum of April 29, 1994, “Government-to-Government Relations with Native American Tribal Governments” (59 FR 22951), Executive Order 13175, and 512 DM 2, we have determined that this rule has no effects on Federally-recognized Indian tribes.
        Energy Effects—Executive Order 13211
        On May 18, 2001, the President issued Executive Order 13211 on regulations that significantly affect energy supply, distribution, and use. Executive Order 13211 requires agencies to prepare Statements of Energy Effects when undertaking certain actions. This rule is not a significant regulatory action under Executive Order 12866 and is not expected to adversely affect energy supplies, distribution, or use. Therefore, this action is not a significant energy action and no Statement of Energy Effects is required.

          List of Subjects in 50 CFR Part 20
          Exports, Hunting, Imports, Reporting and recordkeeping requirements, Transportation, Wildlife.

        For the reasons stated in the preamble, we hereby propose to amend part 20 of subchapter B, chapter I, title 50 of the Code of Federal Regulations, as set forth below:

          PART 20—[AMENDED]
          1. The authority citation for part 20 continues to read as follows:

            Authority:
            Migratory Bird Treaty Act, 40 Stat. 755 (16 U.S.C. 703-712; Fish and Wildlife Act of 1956, 16 U.S.C. 742a-j; Public Law 106-108, 113 Stat. 1491, Note Following 16 U.S.C. 703.

          2. Revise paragraphs (b)(2) and (g)(2) of § 20.21 to read as follows:

            § 20.21
            What hunting methods are illegal?

            (b) * * *
            (2) A Canada goose only season when all other waterfowl and crane hunting seasons, excluding falconry, are closed in the Atlantic, Central, and Mississippi Flyway portions of Alabama, Arkansas, Colorado, Connecticut, Delaware, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Mexico, New Jersey, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Vermont, Virginia, West Virginia, Wisconsin, and Wyoming, as set forth below:
            (i) During the period of September 1 to September 15, when approved in the annual regulatory schedule in subpart K of this part; and
            (ii) During the period of September 16 to September 30, when approved in the annual regulatory schedule in subpart K of this part.

            (g) * * *
            (2) A Canada goose only season when all other waterfowl and crane hunting seasons, excluding falconry, are closed in the Atlantic, Central, and Mississippi Flyway portions of Alabama, Arkansas, Colorado, Connecticut, Delaware, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Mexico, New Jersey, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Vermont, Virginia, West Virginia, Wisconsin, and Wyoming, as set forth below:
            (i) During the period of September 1 to September 15, when approved in the annual regulatory schedule in subpart K of this part; and
            (ii) During the period of September 16 to September 30, when approved in the annual regulatory schedule in subpart K of this part.

            Dated: July 23, 2008.
            David M. Verhey,
            Acting Assistant Secretary for Fish and Wildlife and Parks.

      [FR Doc. E8-18003 Filed 8-5-08; 8:45 am]
      BILLING CODE 4310-55-P


        DEPARTMENT OF COMMERCE
        National Oceanic and Atmospheric Administration
        50 CFR Part 224
        RIN 0648-XA39
        DEPARTMENT OF THE INTERIOR
        Fish and Wildlife Service
        50 CFR Part 17
        [I.D. 102299A]
        RIN 1018-AF80

        Endangered and Threatened Wildlife; Extension of Comment Period on Proposed Endangered Status for a Distinct Population Segment of Anadromous Atlantic Salmon (Salmo
          salar) in the Gulf of Maine

          AGENCIES:
          National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce; Fish and Wildlife Service (FWS), Interior.

          ACTION:
          Proposed rule; extension of comment period.

          SUMMARY:

          NMFS and FWS (the Services) provide notice to extend the public comment period on the proposed determination of endangered status for a distinct population segment (DPS) of Atlantic salmon (Salmo
            salar) in the Gulf of Maine.

          DATES:

          Comments must be received at the appropriate address or fax number (see ADDRESSES) no later than 5:00 p.m., eastern daylight time, on April 14, 2000.

          ADDRESSES:
          Written comments and materials regarding the proposed rule should be sent to the Endangered Species Program Coordinator, NMFS, 1 Blackburn Drive, Gloucester, MA 01930 (fax 978-281-9394), or to the Chief, Division of Endangered Species, FWS, 300 Westgate Center Drive, Hadley, MA 01035 (fax 413-253-8308). Comments will not be accepted if submitted via e-mail or the Internet.

          FOR FURTHER INFORMATION CONTACT:
          Mary Colligan, NMFS, 978-281-9116, fax 978-281-9394, e-mail mary.colligan@noaa.gov, or Paul_Nickerson, FWS, 413-253-8615, fax 413-253-8308, e-mail Paul Nickerson@fws.gov.

        SUPPLEMENTARY INFORMATION:
        The Gulf of Maine DPS includes all naturally reproducing wild populations of Atlantic salmon having historical, river-specific characteristics found in a range north of and including tributaries of the lower Kennebec River to, but not including, the mouth of the St. Croix River at the US-Canada border. The DPS includes both early and late run Atlantic salmon. Threats to the species include low marine survival, disease, the use of non-North American strains of Atlantic salmon in the U.S. aquaculture industry, aquaculture escapees, water withdrawal and sedimentation.
        On November 17, 1999, the Services published a proposed rule (64 FR 62627) to list the Gulf of Maine DPS of Atlantic salmon as endangered under the Endangered Species Act of 1973, as amended (ESA). The public comment period originally was announced to close on February 15, 2000. On January 7, 2000 (65 FR 1082) the Services extended the public comment period to March 15, 2000. Because of several requests for additional time, the Services are extending the public comment period to 5:00 P.M. Eastern Daylight Time, April 14, 2000.
        Electronic Access
        The 1999 Status Review may be downloaded from the following site: http://news.fws.gov/salmon/asalmon.html.

          Dated: March 9, 2000.
          Art Jeffers,
          Acting Director, Office of Protected Resources, National Marine Fisheries Service.

          Dated: March 9, 2000.
          Ronald E. Lambertson,
          Regional Director, Region 5, U.S. Fish & Wildlife Service.

      [FR Doc. 00-6414 Filed 3-14-00; 8:45 am]
      BILLING CODE 3510-22-F


        DEPARTMENT OF COMMERCE
        National Oceanic and Atmospheric Administration
        50 CFR Part 679
        [I.D. 071603A]
        RIN 0648-AR31
        Fisheries of the Exclusive Economic Zone Off Alaska; Allocation of Pacific Cod Among Fixed Gear Sectors

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

          ACTION:
          Notice of availability; request for comments.

          SUMMARY:
          The North Pacific Fishery Management Council (Council) has submitted Amendment 77 to the Fishery Management Plan for the Groundfish Fishery of the Bering Sea and Aleutian Islands Area (FMP).  This amendment would continue to apportion the Bering Sea and Aleutian Islands Management Area (BSAI) Pacific cod total allowable catch (TAC) among the fixed gear sectors.  In addition, the amendment would further split the pot sector share of the TAC between pot catcher/processors and pot catcher vessels.  Amendment 77 is intended to maintain the stability of the fixed gear Pacific cod fishery.  Comments from the public are welcome.

          DATES:
           Comments on Amendment 77 must be submitted by September 22, 2003.

          ADDRESSES:
           Comments on the FMP amendments should be sent to Sue Salveson, Assistant Regional Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, P.O. Box 21668, Juneau, AK,  99802, Attn:   Lori Durall, or delivered to room 420 of the Federal Building, 709 West 9th Street, Juneau, AK.  Comments may also be sent via facsimile (fax) to 907-586-7557.  Comments will not be accepted if submitted via e-mail or Internet.  Copies of Amendment 77 and the Environmental Assessment/Regulatory Impact Review/Initial Regulatory Flexibility Analysis (EA/RIR/IRFA) for the amendment may be obtained from the same address.

          FOR FURTHER INFORMATION CONTACT:
           Nina Mollett, 907-586-7462 or Nina.Mollett@noaa.gov.

        SUPPLEMENTARY INFORMATION:

        The Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) requires that each Regional Fishery Management Council submit any FMP amendment it prepares to NMFS for review and approval, disapproval, or partial approval.  The Magnuson-Stevens Act also requires that NMFS, upon receiving an FMP amendment, immediately publish a notice in the Federal Register that the amendment is available for public review and comment.
        Amendment 77 was adopted by the Council at its June 2003 meeting.  If approved by NMFS, this amendment would replace Amendment 64, which expires on December 31, 2003.  Amendment 77 would allocate the 51 percent fixed gear share of the BSAI TAC among its four components as follows:
        • 80 percent to catcher/processors using hook-and-line gear;
        • 0.3 percent to catcher vessels using hook-and-line gear;
        • 15 percent to catcher vessels using pot gear;
        • 3.3 percent to pot catcher/processors using pot gear; and
        • 1.4 percent to catcher vessels under 60 ft length overall (LOA), using either pots or hook-and-line gear.
        This represents a change from the status quo because the existing 18.3 percent allocation to pot vessels would be split between the two sectors of that fleet, 15 percent to pot catcher vessels and 3.3 percent to pot catcher/processor vessels.  This division would be based on each sector's historical catch between 1998 and 2001, and reflects the growth in the pot catcher vessel sector in recent years.
        Specific provisions for the reallocation of unharvested amounts of these allocations to other vessels using hook-and-line or pot gear would continue to be set forth in regulations.

        Public comments are being solicited on the amendment through the end of the comment period stated in this NOA; a proposed rule that would implement the amendment may be published in the Federal Register for public comment following NMFS' evaluation under the Magnuson-Stevens Act procedures.  Public comments on the proposed rule must be received by the end of the comment period on the amendment in order to be considered in the approval/disapproval decision on the amendment.  All comments received by the end of the comment period on the amendment, whether specifically directed to the amendment or to the proposed rule, will be considered in the approval/disapproval decision; comments received after that date will not be considered in the approval/disapproval decision on the amendment.  To be considered, comments must be received not just postmarked or otherwise transmitted by close of business on the last day of the comment period specified in this NOA.

          Dated: July 17. 2003.
          John H. Dunnigan,
          Director, Office of Sustainable Fisheries, National Marine Fisheries Service.

      [FR Doc. 03-18617 Filed 7-21-03; 8:45 am]
      BILLING CODE 3510-22-S


        DEPARTMENT OF THE INTERIOR
        Bureau of Land Management
        43 CFR Parts 3900, 3920, and 3930
        [LLWO-3200000. L13100000.PP00000 L.X.EMOSHL000.241A]
        RIN 1004-AE28
        Oil Shale Management—General

          AGENCY:
          Bureau of Land Management, Interior.

          ACTION:
          Proposed rule; reopening of the comment period.

          SUMMARY:

          The Bureau of Land Management (BLM) is reopening the comment period for the proposed rule to amend the BLM's commercial oil shale regulations that published in the Federal Register on March 27, 2013. The 60-day comment period for the proposed rule ended on May 28, 2013. This notice reopens the comment period for 30 days.

          DATES:

          The comment period for the proposed rule published March 27, 2013, at 78 FR 18547, is reopended. Send your comments so that they reach the BLM on or before July 15, 2013. The BLM will not necessarily consider any comments received after the above date or comments delivered to an address other than those listed in ADDRESSES in making its decision on the final rule.

          ADDRESSES:

          Please submit comments on the proposed rule using one of the following: Mail: Director (630) Bureau of Land Management, U.S. Department of the Interior, Mail Stop 2143LM, 1849 C St. NW., Washington, DC 20240, Attention: 1004-AE28. Personal or messenger delivery: U.S. Department of the Interior, Bureau of Land Management, 20 M Street SE., Room 2134 LM, Attention: Regulatory Affairs, Washington, DC 20003. Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions at this Web site.

          FOR FURTHER INFORMATION CONTACT:
          Mitchell Leverette, Chief, Division of Solid Minerals, at (202) 912-7113 for issues related to the BLM's commercial oil shale leasing program or Ian Senio, Chief, Division of Regulatory Affairs at (202) 912-7440 for regulatory process issues. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service at 1-800-877-8339, 24 hours a day, 7 days a week to contact the above individuals.

        SUPPLEMENTARY INFORMATION:
        I. Background
        On March 27, 2013, the BLM published a proposed rule (78 FR 18547) to amend the BLM's commercial oil shale regulations to address concerns about the royalty system in existing regulations and to provide more detail to the environmental protection requirements. The 60-day comment period for the proposed rule ended on May 28, 2013.
        The BLM has received requests from interested parties asking for an extension of the comment period. Each of the requests expressed the need for additional time to conduct a comprehensive review of the proposed regulatory revisions and potential impacts of the rule. The BLM has considered the requests and by this notice, the comment period is reopened for an additional 30 days. Please do not resubmit comments previously submitted to BLM during the comment period that closed on May 28, 2013.
        II. Request for Comments

        Written comments on the proposed rule should be specific, should be confined to issues pertinent to the proposed rule, and should explain the reason for any recommended change. Where possible, comments should reference the specific section or paragraph of the proposed rule that the comment is addressing. The BLM need not consider or include in the Administrative Record for the proposed rule comments that it receives after the close of the comment period (see DATES) or comments delivered to an address other than those listed above (see ADDRESSES). Comments, including names and street addresses of respondents, will be available for public review at the U.S. Department of the Interior, Bureau of Land Management, 20 M Street SE., Room 2134 LM, Washington, DC 2003 during regular hours (7:45 a.m. to 4:15 p.m.) Monday through Friday, except holidays. They also will be available at the eRulemaking Portal: http://www.regulations.gov. Follow the instructions at the Web site.
        Before including your address, telephone number, email address, or other personal identifying information in your comment be advised that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask in your comment for the BLM to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.

          Date: June 6, 2013.
          Tommy P. Beaudreau,
          Acting Assistant Secretary, Land and Minerals Management.

      [FR Doc. 2013-14028 Filed 6-12-13; 8:45 am]
      BILLING CODE 4310-84-P


        DEPARTMENT OF LABOR
        Office of Federal Contract Compliance Programs
        41 CFR Part 60-1
        RIN 1250-AA03
        Government Contractors, Requirement To Report Summary Compensation Data on Employee Compensation

          AGENCY:
          Office of Federal Contract Compliance Programs, Labor.

          ACTION:
          Notice of proposed rulemaking and extension of comment period.

          SUMMARY:

          On August 8, 2014, the Office of Federal Contract Compliance Programs (OFCCP) published a notice of proposed rulemaking (NPRM) in the Federal Register. This NPRM proposes amending one of the implementing regulations for Executive Order 11246, Equal Employment Opportunity, which sets forth the reporting obligations of Federal contractors and subcontractors. This NPRM proposes amending the regulation by adding a requirement that certain Federal contractors and subcontractors supplement their Employer Information Report (EEO-1 Report) with summary information on compensation paid to employees, as contained in the Form W-2 Wage and Tax Statement (W-2) forms, by sex, race, ethnicity, and specified job categories, as well as other relevant data points such as hours worked, and the number of employees.
          This document extends the comment period for the proposed rule for sixty (60) days. You do not need to resubmit your comment if you have already commented on the proposed rule. Should you choose to do so, you can submit additional or supplemental comments. OFCCP will consider all comments received from the date of publication of the proposed rule through the close of the extended comment period.

          DATES:

          The comment period for the NPRM published on August 8, 2014, scheduled to close on November 6, 2014, is extended until January 5, 2015.

          ADDRESSES:
          You may submit comments, identified by RIN 1250-AA03, by any of the following methods:
          • Federal eRulemaking Portal: www.regulations.gov. Follow the instructions for submitting comments.
          • Fax: (202) 693-1304 (for comments of six pages or fewer).
          • Mail: Debra A. Carr, Director, Division of Policy, Planning, and Program Development, Office of Federal Contract Compliance Programs, Room C-3325, 200 Constitution Avenue NW., Washington, DC 20210.

          FOR FURTHER INFORMATION CONTACT:
          Debra A. Carr, Director, Division of Policy, Planning, and Program Development, Office of Federal Contract Compliance Programs, Room C-3325, 200 Constitution Avenue NW., Washington, DC 20210. Telephone: (202) 693-0103.

        SUPPLEMENTARY INFORMATION:
        On August 8, 2014, OFCCP published a proposed rule entitled “Government Contractors, Requirement to Report Summary Compensation Data on Employee Compensation” (79 FR 46562). OFCCP was to receive comments on this NPRM on or before November 6, 2014.
        OFCCP, after considering a request to extend the comment period by an additional ninety (90) days, determined that it is appropriate to provide an additional 60-day period for comment on the proposed regulation.
        OFCCP is aware that multiple associations and organizations are conducting surveys of their membership to gather information relevant to the proposals and analysis in the NPRM. These surveys, in some instances, may not be concluded and their results tabulated during the initial 90-day comment period. In addition, the NPRM contained numerous references to reports, studies, articles or books, all of which are publically available. One of these references, though available, may be more difficult to obtain than the others. Therefore, upon request, OFCCP will make the NPRM references available for review during normal business hours at the Office of Federal Contract Compliance Programs, Room C-3325, 200 Constitution Avenue NW., Washington, DC 20210. To schedule an appointment to review the references, please contact OFCCP at the telephone numbers listed above.
        Extension of Comment Period
        OFCCP determined that the public would benefit from additional time to review the potential impact of the proposed requirements. Therefore, to allow the public sufficient time to review and comment on the NPRM, OFCCP is extending the comment period until January 5, 2015.

          Signed in Washington, DC, this 30th date of October 2014.
          Patricia Shiu,
          Director, Office of Federal Contract Compliance Programs.

      [FR Doc. 2014-26223 Filed 11-4-14; 8:45 am]
      BILLING CODE 4510-CM-P


        DEPARTMENT OF THE INTERIOR
        Fish and Wildlife Service
        50 CFR Part 17
        [FWS-R2-ES-2009-0014] [92210-1117-0000-B4]
        RIN 1018-AT52

        Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Roswell springsnail (Pyrgulopsis roswellensis), Koster's springsnail (Juturnia kosteri), Noel's amphipod (Gammarus desperatus), and Pecos assiminea (Assiminea pecos)

          AGENCY:
          Fish and Wildlife Service, Interior.

          ACTION:
          Proposed rule; reopening of public comment period.

          SUMMARY:

          We, the U.S. Fish and Wildlife Service (Service), take this action pursuant to a settlement agreement and court order that vacated, in part, the August 9. 2005 final rule that designated critical habitat under the Endangered Species Act of 1973, as amended (Act), for the Roswell springsnail (Pyrgulopsis roswellensis), Koster's springsnail (Juturnia kosteri), Noel's amphipod (Gammarus desperatus), and Pecos assiminea (Assiminea pecos) with respect to lands at the Bitter Lake National Wildlife Refuge. Accordingly, the February 12, 2002, proposed critical habitat designation is reinstated for these invertebrates with respect to Bitter Lake National Wildlife Refuge and we announce the reopening of the public comment period for the February 12, 2002, proposed rule in order to reconsider designation of these lands. This re-evaluation of the designation of critical habitat at Bitter Lake National Wildlife Refuge does not affect the designation of critical habitat at Diamond Y Spring and Sandia Spring. Comments previously submitted on the February 12, 2002, proposed rule (67 FR 6459) need not be resubmitted as they have been incorporated into the public record as part of this reopening of the comment period and will be fully considered in preparation of the final rule. Additionally, so that we may fully consider any new information available, we are also soliciting comments and information on the final economic analysis and final environmental assessment that were made available concurrent with the August 9, 2005, final designation of critical habitat.

          DATES:

          We will accept comments received or postmarked on or before May 11, 2009. We must receive requests for public hearings, in writing, at the address shown in the ADDRESSES section by April 27, 2009.

          ADDRESSES:
          You may submit information by one of the following methods:
          • Federal eRulemaking Portal:
            http://www.regulations.gov. Follow the instructions for submitting comments.
          • U.S. mail or hand-delivery: Public Comments Processing, Attn: FWS-R2-ES-2009-0014; 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 information received on http://www.regulations.gov. This generally means that we will post any personal information you provide us (see the Public Comments Solicited section below for more details).

          FOR FURTHER INFORMATION CONTACT:
          Wally “J” Murphy, Field Supervisor, New Mexico Ecological Services Field Office, 2105 Osuna NE, Albuquerque, NM 87113; telephone 505-761-4781; facsimile 505-346-2542. If you use a telecommunications device for the deaf (TTD), you may call the Federal Information Relay Service (FIRS) at 800-877-8339.

        SUPPLEMENTARY INFORMATION:
        Background
        The Roswell springsnail (Pyrgulopsis roswellensis), Koster's springsnail (Juturnia kosteri), Noel's amphipod (Gammarus desperatus), and Pecos assiminea (Assiminea pecos) (four invertebrates) occupy springs, seeps, sinkholes, and wetlands near Roswell, New Mexico, and in Reeves and Pecos counties, Texas. On February 12, 2002 (67 FR 6459), we published a proposed rule to list the four invertebrates as endangered under the Endangered Species Act of 1973, as amended (Act; 16 U.S.C. 1531 et seq.) and to designate critical habitat for them. The proposed rule included two complexes on Bitter Lake National Wildlife Refuge (Refuge) totaling 456 hectares (ha) (1127 acres (ac)), one complex at Diamond Y Springs in Pecos County, Texas, of 153.8 ha (380 ac), and one complex at East Sandia Spring in Reeves County, Texas, of 6.7 ha (16.5 ac). On August 9, 2005, we published our final rule listing the four invertebrates as endangered with critical habitat (70 FR 46304). In that final rule, critical habitat was designated at the Diamond Y Spring and East Sandia Spring complexes but was not designated on the Refuge on the ground that these areas did not meet the definition of “critical habitat” under section 3(5)(A) of the Act (70 FR 46323).
        On December 19, 2007, Forest Guardians (now WildEarth Guardians) filed a complaint challenging the merits of our critical habitat designation for the four invertebrates, including the exclusion of the Refuge from the final critical habitat designation. The plaintiffs alleged that the Refuge should have been included in the designation because it is the last known occupied habitat for three of the four species (Roswell springsnail, Koster's springsnail, and Noel's amphipod) and that the Refuge's Comprehensive Conservation Plan would not adequately protect the species from threats, including oil and gas development, outside of the Refuge boundaries. Pursuant to a settlement agreement, the court has partially vacated the August 9, 2005, critical habitat decision (70 FR 46304) with respect to the areas excluded under section 3(5)(A) of the Act.
        If the proposed rule with respect to the Bitter Lake National Wildlife Refuge is made final, section 7 of the Act will prohibit adverse modification of critical habitat by any activity funded, authorized, or carried out by any Federal agency. Federal agencies proposing actions that may affect areas designated as critical habitat must consult with us on the effects of their proposed actions, pursuant to section 7(a)(2) of the Act. This re-evaluation of the designation of critical habitat on the Refuge does not affect the August 9, 2005, final designation of critical habitat (70 FR 46304) with respect to designated critical habitat at Diamond Y Spring and Sandia Spring, and consultation on activities that may result in destruction or adverse modification of critical habitat is still required in these areas. Further, section 7(a)(4) of the Act and regulations at 50 CFR 402.10 require Federal agencies to confer with us on any action that is likely to result in destruction or adverse modification of proposed critical habitat. Thus, Federal agencies are required to confer with the Service on any such action that may affect the proposed critical habitat on the Refuge as identified in the February 12, 2002, proposed rule (67 FR 6459).
        Section 4 of the Act requires that we consider economic and other relevant impacts prior to making a final decision on what areas to designate as critical habitat. A final economic analysis and final environmental assessment were made available concurrent with the publication of the August 9, 2005, final critical habitat designation (70 FR 46304). We solicit data and comments from the public on the final economic analysis and final environmental assessment, as well as on all aspects of the proposed rule. We will review and consider all best available information including public comments or other information submitted previously or as part of the present comment period, as we develop our final determination. In particular, we may exclude an area from critical habitat if we determine that the benefits of excluding the area outweigh the benefits of including the area as critical habitat, provided such exclusion will not result in the extinction of the species.
        Public Comments Solicited
        To ensure that the final critical habitat designation is complete and based on the best available scientific information, we are soliciting information from the public, other concerned governmental agencies, the scientific community, industry, or any other interested party concerning this proposed rule. We particularly seek information concerning:
        (1) The reasons why habitat on the Refuge should or should not be determined to be critical habitat as provided by section 4 of the Act, including whether the benefits of inclusion of these areas will or will not outweigh the benefits of exclusion from critical habitat designation;

        (2) Specific information on the distribution of the four invertebrates and their habitats, and which habitats are essential to the conservation of the species and why;
        (3) Land use management and current or planned activities in the subject area and their possible impacts on proposed critical habitat;
        (4) Any foreseeable economic, environmental, or other impacts resulting from the proposed designation of critical habitat;
        (5) Whether the economic analysis makes appropriate assumptions regarding current practices and likely regulatory changes imposed as a result of the designation of critical habitat; and
        (6) Whether the economic analysis appropriately identifies all costs that could result or have already resulted from the designation.
        Comments previously submitted on the February 12, 2002, proposed rule (67 FR 6459) need not be resubmitted as they have been incorporated into the public record as part of this reopening of the comment period and will be fully considered in preparation of the final rule. Comments submitted during this comment period also will be incorporated into the public record and will be fully considered in the final rule.

        You may submit comments and materials concerning the proposed rule, the associated economic analysis, and the associated environmental assessment by one of the methods listed in the ADDRESSES section. We will not consider comments sent by e-mail or fax, or to an address not listed in the ADDRESSES section.
        If you submit a comment via http://www.regulations.gov, your entire comment—including your personal identifying information—will be posted on the Web site. If your submission is made via a hardcopy 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. We will post all hardcopy comments on http://www.regulations.gov.

        Comments and materials we receive, as well as supporting documentation we used in preparing this notice, 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, New Mexico Ecological Services Field Office (see
          FOR FURTHER INFORMATION CONTACT).

        You may obtain copies of the proposed rule, the final economic analysis, and the final environmental assessment on the Internet at http://www.regulations.gov, or by mail from the New Mexico Ecological Services Field Office.
        Author
        The primary authors of this notice are the staff of the New Mexico Ecological Services Field Office, 2105 Osuna NE, Albuquerque, NM 87113.
        Authority

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

          Dated: March 3, 2009.
          Jane Lyder,
          Assistant Deputy Secretary for Department of the Interior.

      [FR Doc. E9-5357 Filed 3-11-09; 8:45 am]

        BILLING CODE 4310-55-S


        DEPARTMENT OF COMMERCE
        National Oceanic and Atmospheric Administration
        50 CFR Part 648
        [Docket No. 140128077-4375-01]
        RIN 0648-BD93
        Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States

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

          ACTION:
          Proposed rule; request for comments.

          SUMMARY:
          At the request of the New England Fishery Management Council, this action would add a new method for on-reel trawl gear stowage when fishing vessels are transiting closed areas or fishing in areas with mesh size restrictions. Specifically, this action proposes to allow the use of a highly visible orange mesh material, in addition to the current requirement to use a tarp or similar canvas material. In addition, this action would remove the requirement to detach the towing wires from the doors for all on-reel gear stowage. Finally, to help streamline the gear stowage requirements, this action also proposes to reorganize the current gear stowage regulations. This action would be implemented under authority delegated to the NMFS Regional Administrator, at the request of the Council. This action is intended to improve safety of fishing operations while at sea.

          DATES:
          Comments must be received on this action by June 30, 2014.

          ADDRESSES:
          You may submit comments, identified by NOAA-NMFS-2014-0018, by any of the following methods:
          • Electronic Submissions: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2014-0018, click the “Comment Now!” icon, complete the required fields, and enter or attach your comments.
          • Mail: John K. Bullard, Regional Administrator, NMFS, Northeast Regional Office, 55 Great Republic Drive, Gloucester, MA 01930. Mark the outside of the envelope: “Comments on Gear Stowage.”

            Instructions: All comments received are part of the public record and will generally be posted to 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. Attachments to electronic comments will be accepted via Microsoft Word, Microsoft Excel, WordPerfect, or Adobe PDF file formats only.

          FOR FURTHER INFORMATION CONTACT:
          Jason Berthiaume, Fishery Management Specialist, phone: (978) 281-9177.

        SUPPLEMENTARY INFORMATION:

        Background
        The current trawl gear stowage regulations, at 50 CFR 648.23(b), require that trawl gear being stowed on the net reel be covered with a “canvas or similar opaque material” when transiting closed areas and areas with mesh size restrictions. The industry typically uses a commonly available opaque plastic tarp to meet this requirement, which is intended to help facilitate enforcement. However, industry has raised two safety concerns with this requirement. First, the tarps most frequently used have very few places where a rope or similar material can be attached to assist in pulling the tarp over the net reel. As a result, crew members at sea often have to climb or stand on the net reel or surrounding parts of the vessel to successfully cover the reel. This creates a safety concern for crew members who may slip or fall and injure themselves or others. In addition, because the tarps are non-porous, they catch wind, similar to a sail, adding to the difficulty of covering the net reel and increasing the safety risks.
        As a result of these safety concerns, the New England Fishery Management Council's Enforcement Committee has been working with the fishing industry and the United States Coast Guard (USCG) to develop an alternative to the tarp requirement for stowing trawl nets on the reel. Through public workshops and at-sea trials, the industry, USCG, and NOAA's National Marine Fisheries Service (NMFS) developed an orange mesh material as a safer alternative to the current tarp requirement. At its September 2013 meeting, the Council approved a motion requesting that the Regional Administrator implement two new trawl gear stowage methods and modify one provision of the existing methods. This action proposes to add a provision to allow the use of a highly visible orange mesh material, as an alternative to the current requirement to use a tarp or similar canvas material. This action would be implemented under authority delegated to the NMFS Regional Administrator at § 648.23(b)(5), at the request of the Council.
        In addition, when considering this revision to the gear stowage regulations, the Committee examined whether the current requirement that the “towing wires are detached from the doors” also presents safety concerns. When trawl gear is being stowed, detaching the wires leaves the doors unsecured and swinging freely, which can result in damage to the vessel. This is particularly problematic for smaller fiberglass vessels. If the wires were allowed to remain attached to the doors, the doors could be held securely in place, preventing them from moving and causing damage to the vessel or injuring crew. The Committee, with concurrence from the USCG and NMFS Office of Law Enforcement, concluded that this measure is no longer needed to conduct enforcement and, as such, recommends this measure be removed from the regulations pertaining to all on-reel gear stowage requirements.
        As a result, the new stowage method would not include the requirement to remove the towing wires from the doors for all on-reel trawl gear stowage methods where it currently applies.

        NMFS is also taking this opportunity under its authority at section 305(d) of the Magnuson-Stevens Fishery Conservation and Management Act to reorganize the current gear stowage regulations. Currently, all Northeast region gear stowage regulations reside under the Atlantic mackerel, squid, and butterfish (MSB) regulations at subpart B of 50 CFR part 648. The gear stowage regulations were originally implemented in Amendment 1 to the Northeast Multispecies Fishery Management Plan as part of the exempted fishing programs. These regulations were subsequently expanded and modified a number of times. In 1996, NMFS undertook a comprehensive reorganization of fishery regulations in response to a Presidential directive. As a result, the gear stowage regulations that had previously been part of the Northeast multispecies regulations were moved to the MSB regulations. While there is not information available as to exactly why this move occurred, it is likely because the MSB fisheries constitute a large majority of the small-mesh fisheries, which were the original reason for implementing the gear stowage regulations.
        Consequently, when considering updating or revising the gear stowage regulations for fisheries other than MSB, the rulemaking process is unnecessarily complex and challenging, since these regulations are in the MSB regulations, but in fact are referenced by several other fisheries. To help streamline the regulations and to assist in making future adjustments to these regulations, NMFS is proposing to move the entirety of the gear stowage regulations at § 648.23(b) to the definitions section of subpart A at § 648.2. The way the regulations are currently organized can be interpreted that gear stowage regulations are specific to MSB, when in fact they apply to several fisheries. This change would clarify that these regulations apply to numerous fisheries and not just MSB. The current organization of these regulations also causes confusion with the Council process, since the regulations are within a section of the regulations managed by the Mid-Atlantic Council, but they actually apply to several fisheries, including fisheries managed by the New England Council. This change would make it clear that the gear stowage regulations apply to numerous fisheries, thus affecting fisheries managed by both Councils. Although this is outside of the request of the Council, this restructuring would not directly affect fisheries operations and would better organize the regulations. As such, this change would be beneficial to fisheries, future policy development, and Council proceedings.
        Classification
        Pursuant to section 304(b)(1)(A) and 305(d) of the Magnuson-Stevens Act, the Assistant Administrator for Fisheries, NOAA, has determined that this proposed rule is consistent with the Magnuson-Stevens Act, and other applicable law, subject to further consideration after public comment.
        This proposed rule has been determined to be not significant for purposes of 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 (SBA) that this proposed rule, if adopted, would not have a significant economic impact on a substantial number of small entities. The factual basis for this certification is as follows.
        The proposed measures would affect Federal permit holders that use trawl gear. In 2013, there were 468 Federal permit holders that reported using trawl gear. All of these permit holders fall within the SBA's definition of a small business because each permit holder has annual receipts that do not exceed $19.0 million. The primary fisheries affected would be the Northeast multispecies, including small-mesh multispecies, herring, squid, mackerel, butterfish, summer flounder, scup, and black sea bass fisheries.
        This action would allow for additional methods of stowing trawl gear on the net reel to provide the industry with more flexibility and to help increase safety at sea. This action would not directly impact fisheries operations or the marine environment. This action would provide the opportunity to use a new gear stowage method: a mesh type material that could be used in lieu of the current requirement to use an opaque canvas type material. Based on industry input, testing, and at sea trials, a mesh type material would be easier and safer to work with than the current opaque canvas requirement. As a result, this action could increase safety at sea and vessel efficiency, thus potentially reducing vessel operating costs. Initially, converting from the current opaque canvas material to a mesh-like material could require an investment by the vessel operator; however, the mesh type materials that were tested are readily available with relatively low cost, commonly available for less than $100. In addition, this new storage method would not be required, but would merely provide a new gear stowage option as an alternative to the current method. As such, vessels could continue to use the current opaque canvas method and would not be required to purchase a new material or other equipment. As such, vessels that continued to use the current opaque material would incur no additional expenses. Therefore, because this action only proposes a new gear stowage option, and because no net change in fishing effort, participation in the fishery, or fishery expenses is expected, this action will not have a significant economic effect on a substantial number of small entities. As a result, an initial regulatory flexibility analysis is not required and none has been prepared.

          List of Subjects in 50 CFR Part 648
          Fisheries, Fishing, Recordkeeping and reporting requirements.

          Dated: May 19, 2014.
          Samuel D. Rauch III,
          Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.

        For the reasons set out in the preamble, NMFS proposes to amend 50 CFR part 648 as follows:

          PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES

        1. The authority citation for part 648 continues to read as follows:

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

        2. In § 648.2, add definition for “not available for immediate use” to read as follows:

          § 648.2
          Definitions.

            Not available for immediate use means that the gear is not being used for fishing and is stowed in conformance with one of the following methods:
          (1) Nets—(i) Below-deck stowage. (A) The net is stored below the main working deck from which it is deployed and retrieved;
          (B) The towing wires, including the leg wires, are detached from the net; and
          (C) The net is fan-folded (flaked) and bound around its circumference.
          (ii) On-deck stowage. (A) The net is fan-folded (flaked) and bound around its circumference;
          (B) The net is securely fastened to the deck or rail of the vessel; and
          (C) The towing wires, including the leg wires, are detached from the net.
          (iii) On-reel stowage. (A) The net is on the net reel;
          (B) The towing wires are detached from the net;
          (C) The codend of the net is removed from the net and stored below deck; and
          (D) The entire surface of the net is covered and securely bound by:
          (1) Canvas of other similar opaque material; or
          (2) A highly visible orange mesh material that is not capable of catching fish or being utilized as fishing gear. Highly visible orange mesh includes but is not limited to the orange fence material commonly used to enclose construction sites.
          (iv) On-reel stowage for vessels transiting the Gulf of Maine Rolling Closure Areas and the Georges Bank Seasonal Closure Area.

          (A) If a vessel is transiting the Gulf of Maine Rolling Closure Areas and the Georges Bank Seasonal Closure Area, not available for immediate use also means, the net is on the net reel;

          (B) No containment rope, codend tripping device, or other mechanism to close off the codend is attached to the codend;
          (C) The entire surface of the net is covered and securely bound by:
          (1) Canvas of other similar opaque material; or
          (2) A highly visible orange mesh material that is not capable of catching fish or being utilized as fishing gear. Highly visible orange mesh includes but is not limited to the orange fence material commonly used to enclose construction sites.
          (2) Scallop dredges. (i) The towing wire is detached from the scallop dredge, the towing wire is completely reeled up onto the winch, the dredge is secured, and the dredge or the winch is covered so that it is rendered unusable for fishing; or
          (ii) The towing wire is detached from the dredge and attached to a bright-colored poly ball no less than 24 inches (60.9 cm) in diameter, with the towing wire left in its normal operating position (through the various blocks) and either is wound back to the first block (in the gallows) or is suspended at the end of the lifting block where its retrieval does not present a hazard to the crew and where it is readily visible from above.
          (3) Hook gear (other than pelagic). All anchors and buoys are secured and all hook gear, including jigging machines, is covered.
          (4) Sink gillnet gear. All nets are covered with canvas or other similar material and lashed or otherwise securely fastened to the deck or rail, and all buoys larger than 6 inches (15.24 cm) in diameter, high flyers, and anchors are disconnected.
          (5) Other methods of stowage. Any other method of stowage authorized in writing by the Regional Administrator and subsequently published in the Federal Register.

          §§ 648.13, 648.14, 648.17, 648.23, 648.51, 648.58, 648.59, 648.60, 648.61, 648.62, 648.80, 648.81, 648.82, 648.85, 648.86, 648.88, 648.89, 648.90, 648.91, 648.94, 648.95, 648.108, 648.124, 648.125, 648.144, 648.201 and 648.202 [Amended]

        3. In the table below, for each section indicated in the left column, remove the reference in the middle column from wherever it appears in the section and add the text indicated in the right column.

            Section
            Remove
            Add

            § 648.13(i)(2)(ix)
            in accordance with § 648.23(b)(1);
            and not available for immediate use as defined in § 648.2;

            § 648.14(g)(2)(iii)(A)
            in accordance with § 648.23(b)
            and not available for immediate use as defined in § 648.2

            § 648.14(i)(1)(vi)(B)
            unavailable for immediate use as defined in § 648.23(b),
            not available for immediate use as defined in § 648.2,

            § 648.14(i)(2)(v)(C)
            unavailable for immediate use as defined in § 648.23(b),
            not available for immediate use as defined in § 648.2,

            § 648.14(i)(3)(iv)(C)
            unavailable for immediate use as defined in § 648.23(b),
            not available for immediate use as defined in § 648.2,

            § 648.14(k)(5)(ii)
            in accordance with § 648.23(b)
            and not available for immediate use as defined in § 648.2

            § 648.14(k)(5)(vi)(B)
            stowage requirements of § 648.23(b),
            definition of not available for immediate use as defined in § 648.2,

            § 648.14(k)(5)(vii)(B)
            stowage requirements of § 648.23(b),
            definition of not available for immediate use as defined in § 648.2,

            § 648.14(k)(6)(i)(E)
            in accordance with § 648.23(b),
            and not available for immediate use as defined in § 648.2,

            § 648.14(k)(13)(ii)(G)
            in accordance with § 648.23(b)
            with gear stowed and not available for immediate use as defined in § 648.2

            § 648.14(r)(1)(vi)(C)
            as required by § 648.23(b)
            as defined in § 648.2

            § 648.14(r)(1)(vi)(F)
            as required by § 648.23(b)
            as defined in § 648.2

            § 648.14(r)(1)(vii)(A)
            is stowed as specified by § 648.23(b)
            is not available for immediate use as defined in § 648.2

            § 648.14(r)(1)(vii)(D)
            as required by § 648.23(b)
            and not available for immediate use as defined in § 648.2

            § 648.17(b)(3)
            one of the applicable methods specified in § 648.23(b);
            the definition of not available for immediate use as defined in § 648.2;

            § 648.23(a)(2)
            they are fishing consistent with exceptions specified in paragraph (b) of this section
            their gear is stowed and not available for immediate use as defined in § 648.2

            § 648.23(a)(2)(ii)
            as specified in paragraph (b) of this section.
            and not available for immediate use as defined in § 648.2

            § 648.23(a)(3)
            paragraph (b) of this section
            § 648.2

            § 648.51(a)(1)
            specified in § 648.23,
            defined in § 648.2,

            § 648.51(b)(5)(ii)(C)
            in accordance with § 648.23(b) and not available for immediate use
            and not available for immediate use as defined in § 648.2

            § 648.58(c)
            unavailable for immediate use as defined in § 648.23(b),
            stowed and not available for immediate use as defined in § 648.2,

            § 648.59(f)
            in accordance with § 648.23(b).
            and not available for immediate use as defined in § 648.2.

            § 648.60(a)(4)
            in accordance with § 648.23(b).
            and not available for immediate use as defined in § 648.2.

            § 648.60(a)(7)
            in accordance with § 648.23(b),
            and not available for immediate use as defined in § 648.2,

            § 648.61(b)
            in accordance with the provisions of § 648.23(b).
            and not available for immediate use as defined in § 648.2.

            § 648.62(b)(2)
            in accordance with § 648.23(b),
            and not available for immediate use as defined in § 648.2,

            § 648.80(a)(3)(vi)
            as specified in § 648.23(b).
            and not available for immediate use as defined in § 648.2.

            § 648.80(a)(4)(i)
            in accordance with § 648.23(b),
            as defined in § 648.2,

            § 648.80(a)(4)(ii)
            in accordance with § 648.23(b),
            as defined in § 648.2,

            § 648.80(a)(4)(iii)
            in accordance with § 648.23(b),
            as defined in § 648.2

            § 648.80(a)(4)(iv)
            in accordance with § 648.23(b),
            as defined in § 648.2

            § 648.80(a)(4)(iv)(B)(2) introductory text
            Such vessels, in accordance with § 648.23(b), may stow additional nets not to exceed 150, counting the deployed net
            Such vessels may stow additional nets in accordance with the definition of not available for immediate use as defined in § 648.2 not to exceed 150 nets, counting the deployed net.

            § 648.80(a)(6)(i)(E)
            in accordance with one of the methods specified in § 648.23(b)
            and not available for immediate use as defined in § 648.2,

            § 648.80(a)(7)(i)
            in accordance with one of the methods specified in § 648.23(b)
            as defined in § 648.2.

            § 648.80(a)(7)(ii)
            in accordance with one of the methods specified in § 648.23(b)
            and not available for immediate use as defined in § 648.2,

            § 648.80(a)(7)(iii)(A)
            in accordance with one of the methods specified in § 648.23(b)
            and not available for immediate use as defined in § 648.2.

            § 648.80(a)(10)(i)(C)
            unavailable for immediate use in accordance with § 648.23(b)
            not available for immediate use as defined in § 648.2.

            § 648.80(b)(2)(i)
            in accordance with § 648.23(b),
            as defined in § 648.2,

            § 648.80(b)(2)(ii)
            in accordance with § 648.23(b),
            as defined in § 648.2,

            § 648.80(b)(2)(iii)
            in accordance with § 648.23(b)
            as defined in § 648.2

            § 648.80(b)(2)(iv)
            in accordance with § 648.23(b),
            as defined in § 648.2,

            § 648.80(b)(2)(iv)(B)(1) introductory text
            Such vessels, in accordance with § 648.23(b), may stow additional nets not to exceed 160, counting deployed nets
            Such vessels may stow additional nets in accordance with the definition of not available for immediate use as defined in § 648.2 not to exceed 150 nets, counting the deployed net.

            § 648.80(b)(2)(vi)
            as specified in § 648.23(b)
            and not available for immediate use as defined in § 648.2

            § 648.80(b)(3)(ii)
            in accordance with § 648.23(b)
            as defined in § 648.2

            § 648.80(b)(6)
            as specified in § 648.23(b)
            and not available for immediate use as defined in § 648.2

            § 648.80(b)(9)(i)(E)
            in accordance with one of the methods described under § 648.23(b)
            and not available for immediate use as defined in § 648.2

            § 648.80(c)(2)(i)
            in accordance with § 648.23(b)
            as defined in § 648.2

            § 648.80(c)(2)(ii)
            in accordance with § 648.23(b)
            as defined in § 648.2

            § 648.80(c)(2)(iii)
            in accordance with § 648.23(b)
            as defined in § 648.2

            § 648.80(c)(2)(v)
            in accordance with § 648.23(b)
            as defined in § 648.2

            § 648.80(c)(2)(v)(B)(1) introductory text
            Such vessels, in accordance with § 648.23(b), may stow additional nets not to exceed 160, counting deployed nets
            Such vessels may stow additional nets in accordance with the definition of not available for immediate use as defined in § 648.2 not to exceed 150 nets, counting the deployed net.

            § 648.80(c)(3)
            in accordance with § 648.23(b)
            as defined in § 648.2

            § 648.81(b)(2)(iv)
            in accordance with the provisions of § 648.23(b)
            and not available for immediate use as defined in § 648.2

            § 648.81(h)(2)(i)
            in accordance with the provisions of § 648.23(b)
            and not available for immediate use as defined in § 648.2

            § 648.81(j)(2)(i)
            in accordance with the provisions of § 648.23(b)
            and not available for immediate use as defined in § 648.2

            § 648.81(k)(2)(i)
            in accordance with the provisions of § 648.23(b)
            and not available for immediate use as defined in § 648.2

            § 648.81(l)(2)(i)
            in accordance with the provisions of § 648.23(b)
            and not available for immediate use as defined in § 648.2

            § 648.81(m)(2)(i)
            in accordance with the provisions of § 648.23(b)
            and not available for immediate use as defined in § 648.2

            § 648.81(n)(3)(iii)
            pursuant to § 648.23(b)
            and not available for immediate use as defined in § 648.2

            § 648.82(b)(6)(iv)
            in accordance with the provisions at § 648.23(b)
            and not available for immediate use as defined in § 648.2

            § 648.82(j)(1)(ii)
            in accordance with § 648.23(b)
            and not available for immediate use as defined in § 648.2

            § 648.85(a)(3)(iii)
            according to the regulations in § 648.23(b)
            and not available for immediate use as defined in § 648.2

            § 648.85(a)(3)(iv)(E)
            in accordance with the regulations in § 648.23(b)
            and not available for immediate use as defined in § 648.2

            § 648.85(a)(3)(vii)
            in accordance with the regulations in § 648.23(b)
            and not available for immediate use as defined in § 648.2

            § 648.85(b)(3)(x)(A)
            according to the regulations at § 648.23(b)
            and not available for immediate use as defined in § 648.2

            § 648.85(b)(6)(iv)(J)
            Other gear may be on board the vessel, provided it is stowed when the vessel is fishing under the Regular B DAS Program pursuant to § 648.23(b
            When the vessel is fishing under the Regular B DAS Program other gear may be on board provided it is stowed and not available for immediate use as defined in § 648.2

            § 648.85(b)(8)(v)(E)(1) introductory text
            in accordance with § 648.23(b)
            and not available for immediate use as defined in § 648.2

            § 648.86(a)(3)(ii)
            vessel complies with the gear stowage provisions specified in § 648.23(b)
            vessel's gear is stowed and not available for immediate use as defined in § 648.2

            § 648.86(b)(4)(ii)
            in accordance with the provisions of § 648.23(b)
            and not available for immediate use as defined in § 648.2

            § 648.88(a)(2)(iv)
            in accordance with the provisions at § 648.23(b)
            and not available for immediate use as defined in § 648.2

            § 648.89(a)
            must stow all other fishing gear on board the vessel as specified in § 648.23(b)
            all other gear on board must be stowed and not available for immediate use as defined in § 648.2

            § 648.90(a)(5)(i)(D)(2) introductory text
            in accordance with § 648.23(b)
            and not available for immediate use as defined in § 648.2

            § 648.90(a)(5)(i)(D)(3) introductory text
            in accordance with § 648.23(b)
            and not available for immediate use as defined in § 648.2

            § 648.91(c)(2)(ii)
            as specified in § 648.23(b)
            and not available for immediate use as defined in § 648.2

            § 648.94(e)
            in accordance with the regulations specified under § 648.23(b)
            as defined in § 648.2

            § 648.95(f)
            in accordance with the gear stowage provisions specified under § 648.23(b)
            as defined in § 648.2

            § 648.108(e)
            A net that is stowed in conformance with one of the methods specified in § 648.23(b) and that can be shown not to have been in recent use is considered to be not “available for immediate use.”
            Nets must be stowed and not available for immediate use as defined in § 648.2.

            § 648.124(c)
            not available for immediate use and are stowed in accordance with the provisions of § 648.23(b)
            Stowed and not available for immediate use as defined in § 648.2

            § 648.125(a)(1) introductory text
            in accordance with § 648.23(b)(1)
            and not available for immediate use as defined in § 648.2

            § 648.125(a)(5) introductory text
            in conformance with one of the methods specified in § 648.23(b)
            and not available for immediate use as defined in § 648.2

            § 648.144(a)(4) introductory text
            A net that is stowed in conformance with one of the methods specified in § 648.23(b) and that can be shown not to have been in recent use, is considered to be not “available for immediate use.”
            Nets must be stowed and not available for immediate use as defined in § 648.2.

            § 648.201(a)(2) introductory text
            vessel complies with the gear stowage provisions specified in § 648.23(b)
            Vessel's gear is stowed and not available for immediate use as defined in § 648.2

            § 648.201(b)
            required by § 648.23(b)
            defined in § 648.2

            § 648.201(c)
            required by § 648.23(b)
            defined in § 648.2

            § 648.202(a)
            pursuant to § 648.23(b)
            and not available for immediate use as defined in § 648.2

          § 648.23
          [Amended]

        4. In § 648.23, remove and reserve paragraph (b).

      [FR Doc. 2014-11901 Filed 5-28-14; 8:45 am]
      BILLING CODE 3510-22-P


        DEPARTMENT OF COMMERCE
        National Oceanic and Atmospheric Administration
        50 CFR Part 679
        [Docket No.:150904827-5827-01]
        RIN 0648-BF36
        Fisheries of the Exclusive Economic Zone Off of Alaska; Observer Coverage Requirements for Small Catcher/Processors in the Gulf of Alaska and Bering Sea and Aleutian Islands Groundfish Fisheries
        Correction
        In proposed rule document 2015-32742 appearing on pages 81262-81271 in the issue of Tuesday, December 29, 2015 make the following corrections:
        1. On page 81263, in the first column, in the second paragraph, beginning on the eighth line, “February 29, 2016” should read “December 17, 2015”.
        2. In the same paragraph, in the 10th line, “February 29, 2016” should read “February 16, 2016”.
        3. In the same paragraph, in the 13th line, “February 29, 2016” should read “February 16, 2016”.

      [FR Doc. C1-2015-32742 Filed 1-21-16; 8:45 am]
       BILLING CODE1505-01-D


        DEPARTMENT OF COMMERCE
        National Oceanic and Atmospheric Administration
        50 CFR Part 622
        RIN 0648-BC30
        Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery Off the Southern Atlantic States; Transferability of Black Sea Bass Pot Endorsements

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

          ACTION:
          Notice of availability; request for comments.

          SUMMARY:
          NMFS announces that the South Atlantic Fishery Management Council (Council) has submitted a revision of a disapproved action (the Resubmittal) from Amendment 18A to the Fishery Management Plan (FMP) for the Snapper-Grouper Fishery of the South Atlantic Region (Amendment 18A) for review, approval, and implementation by NMFS. The Resubmittal would allow black sea bass pot endorsements to be transferred under specific conditions.

          DATES:
          Written comments must be received on or before October 22, 2012.

          ADDRESSES:
          You may submit comments on the amendment identified by “NOAA-NMFS-2012-0128” by any of the following methods:
          • Electronic submissions: Submit electronic comments via the Federal e-Rulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.
          • Mail: Kate Michie, Southeast Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701.

            Instructions: 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.

          To submit comments through the Federal e-Rulemaking Portal: http://www.regulations.gov, enter “NOAA-NMFS-2012-0128” in the search field and click on “search”. After you located the notice of availability, click on “Submit a Comment” link in that row. This will display the comment Web form. You can enter your submitter information (unless you prefer to remain anonymous), and type your comment on the Web form. You can also attach additional files (up to 10MB) in Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only.
          Comments received through means not specified in this rule will not be considered.

          For further assistance with submitting a comment, see the “Commenting” section at http://www.regulations.gov/#!faqs or the Help section at http://www.regulations.gov.

          Electronic copies of the Resubmittal may be obtained from the Southeast Regional Office Web site at http://sero.nmfs.noaa.gov. The Resubmittal includes a Regulatory Impact Review and a Fishery Impact Statement.

          FOR FURTHER INFORMATION CONTACT:
          Kate Michie, telephone: 727-824-5305, or email: Kate.Michie@noaa.gov.

        SUPPLEMENTARY INFORMATION:

        The Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) requires each regional fishery management council to submit any fishery management plan or amendment to NMFS for review and approval, partial approval, or disapproval. The Magnuson-Stevens Act also requires that NMFS, upon receiving a plan or amendment, publish an announcement in the Federal Register notifying the public that the plan or amendment is available for review and comment.
        Background
        Amendment 18A, implemented through final rulemaking on July 1, 2012, (77 FR 32408, June 1, 2012), included a provision to limit participation in the black sea bass pot segment of the snapper-grouper fishery through the establishment of an endorsement program. The proposed rule for Amendment 18A (77 FR 06991, March 23, 2012) outlined the criteria for qualifying for an endorsement. As of August 22, 2012, 32 South Atlantic snapper-grouper unlimited permit holders qualify for an endorsement, and more could qualify after the appeals process finalizes.
        Amendment 18A also contained an action to allow for the transfer of black sea bass pot endorsements. However, NMFS disapproved this action because Amendment 18A and the supporting environmental impact statement identified the incorrect preferred alternative. In addition, there were discrepancies in the record regarding the Council's discussion of the alternatives. Therefore, NMFS was unable to implement the action in compliance with the Administrative Procedures Act. The Council decided to revise and resubmit the action addressing transferability of black sea bass pot endorsements in an amendment (the Resubmittal). All reasonable alternatives for the transferability action were analyzed in Amendment 18A according to the National Environmental Policy Act, including biological, economic, social, administrative, and cumulative impacts of the action.

        The Resubmittal contains one action that would allow transfer of a black sea bass pot endorsement to an individual or entity that holds or simultaneously obtains a valid South Atlantic snapper-grouper unlimited permit. In order to be transferred, a black sea bass pot endorsement must be valid or renewable. Black sea bass pot endorsements may be transferred independently from the South Atlantic snapper-grouper unlimited permit with which it is associated. Landings history would not be transferred with the endorsement. NMFS will attribute black sea bass landings to the associated South Atlantic snapper-grouper unlimited permit regardless of whether the landings occurred before or after the endorsement was issued. Black sea bass pot endorsements would not be renewed automatically with the South Atlantic snapper-grouper permit with which it is associated. The endorsement must be renewed separately from the permit using the Federal Permit Application for Vessels Fishing in the Exclusive Economic Zone (EEZ).

        The Council has submitted for Secretarial review, approval and implementation, a revised action from Amendment 18A establishing black sea bass endorsement transferability. NMFS' decision to approve, partially approve, or disapprove the Resubmittal will be based, in part, on consideration of comments, recommendations, and information received during the comment period on this notice of availability. After consideration of these factors, and the action's consistency with the Magnuson-Stevens Act and other applicable law, NMFS will publish a notice of agency action in the Federal Register announcing the Agency's decision to approve, partially approve, or disapprove the Resubmittal.
        Proposed Rule for Amendment 18A

        NMFS proposes a rule that would implement measures outlined in the Resubmittal. In accordance with the Magnuson-Stevens Act, NMFS is evaluating the proposed rule to determine whether it is consistent with the FMP, the Magnuson-Stevens Act, and other applicable law. If that determination is affirmative, NMFS will publish the proposed rule in the Federal Register for public review and comment.
        Consideration of Public Comments
        Comments received by October 22, 2012, whether specifically directed to the amendment or the proposed rule, will be considered by NMFS in its decision to approve, disapprove, or partially approve the amendment. Comments received after that date will not be considered by NMFS in this decision. All comments received by NMFS on the amendment or the proposed rule during their respective comment periods will be addressed in the final rule.

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

          Dated: August 17, 2012.
          Lindsay Fullenkamp,
          Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.

      [FR Doc. 2012-20672 Filed 8-21-12; 8:45 am]
      BILLING CODE 3510-22-P


        DEPARTMENT OF DEFENSE
        Defense Acquisition Regulations System
        48 CFR Parts 226 and 252
        RIN 0750-AH85
        Defense Federal Acquisition Regulation Supplement: Encouragement of Science, Technology, Engineering, and Mathematics (STEM) Programs (DFARS Case 2012-D027); Withdrawal

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

          ACTION:
          Proposed rule, withdrawal.

          SUMMARY:
          DoD hereby provides notice of the cancellation of a proposed rule without further action. DoD has determined that the proposed amendment to the Defense Federal Acquisition Regulation Supplement (DFARS) is not a necessary part of the Department's plan to implement a section of the National Defense Authorization Act for Fiscal Year 2012, that requires DoD to encourage contractors to develop science, technology, engineering, and mathematics (STEM) programs.

          FOR FURTHER INFORMATION CONTACT:
          Mr. Dustin Pitsch: telephone 571-372-6090; email: dustin.pitsch@osd.mil; or Defense Acquisition Regulations System, Attn: Mr. Dustin Pitsch, OUSD(AT&L)DPAP/DARS, Room 3B855, 3060 Defense Pentagon, Washington, DC 20301-3060.

        SUPPLEMENTARY INFORMATION:
        I. Background
        DoD published a proposed rule to amend the DFARS to implement section 862 of the National Defense Authorization Act for Fiscal Year 2012, which requires DoD to encourage contractors to develop science, technology, engineering, and mathematics (STEM) programs. The purpose of this Notice is to advise that the proposed rule is cancelled without further action. At this time, DoD is in the process of reassessing the most effective and efficient methods by which it can encourage contractors to develop science, technology, engineering, and mathematics (STEM) programs.

        The cancelled proposed rule is identified by RIN 0750-AH85, Encouragement of Science, Technology, Engineering, and Mathematics (STEM) Programs. It was published in the Federal Register at 78 FR 13604-13606.

          Manuel Quinones,
          Editor, Defense Acquisition Regulations System.

      [FR Doc. 2013-09019 Filed 4-16-13; 8:45 am]
      BILLING CODE 5001-06-P