        DEPARTMENT OF THE INTERIOR
        Fish and Wildlife Service
        50 CFR Part 17
        [Docket No. FWS-R1-ES-2011-0096; 4500030114]
        RIN 1018-AX38

        Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Southern Selkirk Mountains Population of Woodland Caribou (Rangifer tarandus caribou)

          AGENCY:
          Fish and Wildlife Service, Interior.

          ACTION:
          Proposed rule; reopening of comment period and announcement of public hearing.

          SUMMARY:

          We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the comment period on our November 30, 2011, proposed rule to designate critical habitat for the southern Selkirk Mountains population of woodland caribou (Rangifer tarandus caribou) under the Endangered Species Act of 1973, as amended (Act). We are reopening the public comment period to allow all interested parties another opportunity to comment on the proposed rule. Comments previously submitted need not be resubmitted and will be fully considered in preparation of the final rule. We will also hold a public informational session and hearing (see DATES and ADDRESSES).

          DATES:

            Written Comments: We will consider comments received or postmarked on or before May 21, 2012. Comments must be received by 11:59 p.m. Eastern Standard Time on the closing date.

            Public informational session and public hearing: We will hold a public informational session from 9:30 a.m. to 11:30 a.m., followed by a public hearing from 2 p.m. to 5 p.m., on April 28, 2012, in Bonners Ferry, Idaho (see ADDRESSES).

          ADDRESSES:

            Written Comments: You may submit comments by one of the following methods:
          (1) Federal eRulemaking Portal: http://www.regulations.gov. In the Search box, enter the Docket number for this proposed rule, which is FWS-R1-ES-2011-0096. Please ensure that you have found the correct rulemaking before submitting your comment.
          (2) U.S. mail or hand delivery: Public Comments Processing, Attn: Docket No. FWS-R1-ES-2011-0096; Division of Policy and Directives Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, MS 2042-PDM; Arlington, VA 22203.

          We request that you send comments only by the methods described above. We will post all comments on http://www.regulations.gov. This generally means that we will post any personal information you provide us (see the Public Comments section below for more information).

            Public informational session and public hearing: The public informational session and hearing will be held at the Bonners Ferry High School, 6485 Tamarack Lane, Bonners Ferry, ID 83805. People needing reasonable accommodations in order to attend and participate in the public hearing should contact Brian Kelly, State Supervisor, Idaho Fish and Wildlife Office, at (208) 378-5243, as soon as possible (see FOR FURTHER INFORMATION CONTACT).

          FOR FURTHER INFORMATION CONTACT:

          Brian Kelly, State Supervisor, U.S. Fish and Wildlife Service, Idaho Fish and Wildlife Office, 1387 South Vinnell Way, Room 368, Boise, ID 83709; telephone 208-378-5243; facsimile 208-378-5262. If you use a telecommunications device for the deaf (TDD), call the Federal Information Relay Service (FIRS) at 800-877-8339.

        SUPPLEMENTARY INFORMATION:
        Background

        It is our intent to discuss only those topics directly relevant to the proposed rule to designate critical habitat for the southern Selkirk Mountains population of woodland caribou. On November 30, 2011, we published a proposed rule (76 FR 74018) to designate critical habitat for the southern Selkirk Mountains population of woodland caribou. For a description of the previous Federal actions concerning the southern Selkirk Mountains population of woodland caribou, please refer to the proposed rule. In response to comments we received during the public comment period that opened on November 30, 2011, and closed on January 30, 2012, we have decided to allow the public more time to submit comments, and to hold an informational session and public hearing (as described above). All details of the proposed critical habitat designation are provided in our November 30, 2011, proposed rule, available online at http://www.regulations.gov, or by contacting the Idaho Fish and Wildlife Office (see FOR FURTHER INFORMATION CONTACT section).

        We will announce the availability of the draft economic analysis of the proposed designation as soon as it is completed, at which time we will seek additional public review and comment both on the draft economic analysis as well as the proposed designation of critical habitat for the southern Selkirk Mountains population of woodland caribou. Copies of the draft economic analysis will be available for downloading from the Internet at http://www.regulations.gov, or from the Idaho Fish and Wildlife Office (see FOR FURTHER INFORMATION CONTACT).
        Public Comments

        We will accept written comments and information during this reopened comment period for the proposed rule to designate critical habitat for the southern Selkirk Mountains population of woodland caribou that was published in the Federal Register on November 30, 2011 (76 FR 74018). We intend that any final action resulting from this proposed rule will be based on the best scientific and commercial data available and be as accurate and as effective as possible. Therefore, we request comments or information from the public, other concerned government agencies, the scientific community, industry, or other interested parties concerning this proposed rule. We will consider information and recommendations from all interested parties. We are particularly interested in comments concerning:

        (1) The reasons why we should or should not designate habitat as “critical habitat” under section 4 of the Act (16 U.S.C. 1531 et seq.), including whether there are threats to the southern Selkirk Mountains population of woodland caribou from human activity, the degree of which can be expected to increase due to the designation, such that the designation of critical habitat may not be prudent.
        (2) Specific information on:
        (a) The amount and distribution of habitat for the southern Selkirk Mountains population of woodland caribou in the United States;
        (b) What areas occupied at the time of listing that contain the physical and biological features essential to the conservation of the species should be included in the designation and why; and
        (c) Special management considerations or protections that may be needed in critical habitat areas we are proposing, including managing for the potential effects of climate change; and
        (d) What areas not occupied at the time of listing are essential for the conservation of the species and why.
        (3) Land use designations and current or planned activities in the subject areas and their possible impacts on proposed critical habitat.
        (4) Any probable economic, national security, or other relevant impacts of designating any area that may be included in the final designation. We are particularly interested in any impacts on small entities or families, and the benefits of including or excluding areas that exhibit these impacts.
        (5) Information on the projected and reasonably likely impacts of climate change on the southern Selkirk Mountains population of woodland caribou and the proposed critical habitat.
        (6) Whether any specific areas we are proposing for critical habitat designation should be considered for exclusion under section 4(b)(2) of the Act, and whether the benefits of potentially excluding any specific area outweigh the benefits of including that area under section 4(b)(2) of the Act and why.
        (7) Whether we could improve or modify our approach to designating critical habitat in any way to provide for greater public participation and understanding, or to better accommodate public concerns and comments.
        Public Informational Session and Public Hearing

        Section 4(b)(5)(E) of the Act requires that we hold one public hearing on a proposed regulation, if any person files a request for such a hearing within 45 days after the date of publication of a general notice. At the request of the Governor of Idaho and the Commissioners of Boundary County, Idaho, we have scheduled an informational session (a brief presentation about the proposed rule with a question-and-answer period), and a public hearing (see DATES and ADDRESSES). Anyone wishing to make an oral statement at the public hearing for the record is encouraged to provide a written copy of their statement to us at the hearing. In the event there is a large attendance, the time allotted for oral statements may be limited. Speakers can sign up at the informational meeting and hearing if they desire to make an oral statement. Oral and written statements receive equal consideration. There are no limits on the length of written comments submitted to us. If you have any questions concerning the public hearing, please contact Brian Kelly, State Supervisor, Idaho Fish and Wildlife Office (see FOR FURTHER INFORMATION CONTACT).
        The Service has conducted several outreach efforts to be responsive to public requests for additional information. On January 9, 2012, we presented information on the proposed critical habitat designation in Bonners Ferry, Boundary County, Idaho, at the request of the Kootenai Valley Resource Initiative (KVRI), and on January 24, 2012, we held an informational meeting in Priest Lake, at the request of the Bonner County, Idaho Commission. On February 13, 2012, we participated in a meeting in Boundary County, Idaho, sponsored by the KVRI, and on February 28, 2012, we participated in another meeting with the Bonner County Commission; both meetings were open to the public.

        To ensure the final decision is based on the best available information, an additional informational session and public hearing will be announced concurrent with the forthcoming publication of a notice of availability for the draft economic analysis, which is currently under development. Prior to a final decision on the proposed critical habitat designation, the Service intends to conduct two public hearings, each preceded by an informational session. We will also continue with our ongoing outreach efforts, such as those described above, as needs and opportunities to do so arise.
        Our final determination concerning critical habitat for the southern Selkirk Mountains population of woodland caribou will take into consideration all written comments we receive during the comment period, comments from peer reviewers, comments and public testimony received during the public hearings, and any additional information we receive in response to the forthcoming notice of availability of the draft economic analysis. All comments will be included in the public record for this rulemaking. On the basis of peer reviewer and public comments, we may, during the development of our final determination, find that areas within the proposed designation do not meet the definition of critical habitat, that some modifications to the described boundaries are appropriate, or that areas may or may not be appropriate for exclusion under section 4(b)(2) of the Act.
        If you previously submitted comments or information on this proposed rule, please do not resubmit them. We will incorporate them into the public record as part of this comment period, and will fully consider them in the preparation of our final determination.

        You may submit your comments and materials concerning our proposed rule by one of the methods listed in ADDRESSES.

        We will post your entire comment—including any personal identifying information—on http://www.regulations.gov. If you provide personal identifying information, such as your street address, phone number, or email address, you may request at the top of your document that we withhold this personal identifying information from public review. However, we cannot guarantee that we will be able to do so. Please include sufficient information with your comments to allow us to verify any scientific or commercial information you include.

        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, Idaho Fish and Wildlife Office (see FOR FURTHER INFORMATION CONTACT). You may obtain copies of the proposed rule on the Internet at http://www.regulations.gov at Docket No. FWS-R1-ES-2011-0096, or by mail from the Idaho Fish and Wildlife Office (see FOR FURTHER INFORMATION CONTACT).
        Authors
        The primary authors of this notice are the staff of the Idaho Fish and Wildlife Field Office, Region 1, U.S. Fish and Wildlife Service.
        Authority
        The authority for this action is the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).

          Dated: March 12, 2012.
           Rachel Jacobson,
          Acting Assistant Secretary for Fish and Wildlife and Parks.

      [FR Doc. 2012-6853 Filed 3-20-12; 8:45 am]
      BILLING CODE 4310-55-P


        DEPARTMENT OF THE INTERIOR
        Fish and Wildlife Service
        50 CFR Part 17
        [Docket Nos. FWS-HQ-ES-2013-0073 and FWS-R2-ES-2013-0056; FXES11130900000C2-134-FF09E32000]
        RINs 1018-AY00 and 1018-AY46
        Endangered and Threatened Wildlife and Plants; Extending the Public Comment Periods and Rescheduling Public Hearings Pertaining to the Gray Wolf (Canis lupus) and the Mexican Wolf (Canis lupus baileyi)

          AGENCY:
          Fish and Wildlife Service, Interior.

          ACTION:
          Proposed rules; extension of public comment periods, and announcement of public hearings.

          SUMMARY:

          We, the U.S. Fish and Wildlife Service (Service), recently published two proposed rules. One rule proposes to list the Mexican wolf (Canis lupus baileyi) as an endangered subspecies and to delist the gray wolf elsewhere, and the other proposes to revise the Nonessential Experimental Population of the Mexican Wolf. On September 5 and October 2, 2013, we announced public hearings on the proposed rules. The September 5 notices also extended the public comment period for the proposed rules to October 28, 2013. Following delays caused by the Federal Government lapse in appropriations, the Service is announcing rescheduled dates for the remainder of a series of public hearings on the proposed rules. To allow these hearings to take place within the public comment period on the proposed rules, we now extend the public comment period for the proposed rules to December 17, 2013. Comments previously submitted need not be resubmitted and will be fully considered in preparation of the final rules. We also announce the scheduling of a public information meeting and an additional public hearing in Pinetop, Arizona.

          DATES:

            Written Comments: The public comment period on the proposal to list the Mexican wolf (Canis lupus baileyi) as an endangered subspecies and to delist the gray wolf elsewhere and the proposal to revise the nonessential experimental population of the Mexican wolf are extended to December 17, 2013. Please note comments submitted electronically using the Federal eRulemaking Portal (see ADDRESSES section, below) must be received by 11:59 p.m. Eastern Time on the closing date. If you are submitting your comments by hard copy, please mail them by December 17, 2013, to ensure that we receive them in time to give them full consideration.

            Public Information Meeting: We will hold a public information meeting on December 3, 2013, from 3:30 p.m. to 5 p.m., in Pinetop, AZ.

            Public Hearings: We will hold public hearings on the following dates:
          • November 19, 2013, from 6 p.m. to 8:30 p.m., in Denver, CO.
          • November 20, 2013, from 6 p.m. to 9 p.m., in Albuquerque, NM.
          • November 22, 2013, from 6 p.m. to 8:30 p.m., in Sacramento, CA.
          • December 3, 2013, from 6 p.m. to 8:30 p.m., in Pinetop, AZ.

          ADDRESSES:

            Written Comments: You may submit comments by one of the following methods:
          (1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. Search for the corresponding docket number for the rulemaking. Submissions of electronic comments on our proposal to list the Mexican wolf (Canis lupus baileyi) as an endangered subspecies and to delist the gray wolf elsewhere, which published in the Federal Register on June 13, 2013, should be submitted to Docket No. FWS-HQ-ES-2013-0073. Submissions of electronic comments on our Proposed Revision to the Nonessential Experimental Population of the Mexican Wolf, which also published in the Federal Register on June 13, 2013, should be submitted to Docket No. FWS-R2-ES-2013-0056. Please ensure you have found the correct document before submitting your comments. If your comments will fit in the provided comment box, please use this feature of http://www.regulations.gov, as it is most compatible with our comment review procedures. If you attach your comments as a separate document, our preferred file format is Microsoft Word. If you attach multiple comments (such as form letters), our preferred format is a spreadsheet in Microsoft Excel.
          (2) By hard copy: Submit by U.S. mail or hand-delivery to: Public Comments Processing, Attn: [insert corresponding docket number]; Division of Policy and Directives Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, MS 2042-PDM; Arlington, VA 22203.
          (3) At the Pinetop, Arizona public information meeting or the public hearings: Written comments will be accepted by Service personnel at the Pinetop, Arizona public information meeting or any of the scheduled public hearings.
          We will post all comments we receive 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).

            Public Information Meeting: We will hold the public information meeting at the Hon-Dah Conference Center, 777 Highway 260, Pinetop, AZ 85935 (3 miles outside of Pinetop at the Junction of Hwy 260 and Hwy 73); (928) 369-7625.

            Public Hearings: Public hearings will be held at the following locations:
          • Paramount Theatre, 1621 Glenarm Place, Denver, CO 80202; (303) 405-1245.
          • Embassy Suites, Sandia Room, 1000 Woodward Place NE., Albuquerque, NM 87102; (505) 245-7100.
          • Marriot Courtyard Sacramento Cal Expo, Golden State Ballroom, 1782 Tribute Road, Sacramento, CA 95815; (916) 929-7900.
          • Hon-Dah Conference Center, 777 Highway 260, Pinetop, AZ 85935 (3 miles outside of Pinetop at the Junction of Hwy 260 and Hwy 73); (928) 369-7625.

          FOR FURTHER INFORMATION CONTACT:

          For information concerning the proposal to list the Mexican wolf (Canis lupus baileyi) as an endangered subspecies and to delist the gray wolf elsewhere, contact the Headquarters Office, Ecological Services; telephone (703) 358-2171; facsimile (703) 358-1735. Direct all questions or requests for additional information to: Gray Wolf Questions, U.S. Fish and Wildlife Service, Headquarters Office, Ecological Services, 4401 North Fairfax Drive, Room 420, Arlington, VA 22203. Individuals who are hearing-impaired or speech-impaired may call the Federal Relay Service at 1-800-877-8337 for TTY assistance.
          For information concerning the proposal to revise the nonessential experimental population of the Mexican wolf, contact the Mexican Wolf Recovery Program, U.S. Fish and Wildlife Service, New Mexico Ecological Services Office, 2105 Osuna Road NE., Albuquerque, NM 87133; telephone 505-761-4704; facsimile 505-346-2542. Individuals who are hearing-impaired or speech-impaired may call the Federal Relay Service at 1-800-877-8337 for TTY assistance.

        SUPPLEMENTARY INFORMATION:

        Public Comments

        To allow rescheduled public hearings to take place within the public comment period, we are extending the public comment period to December 17, 2013, on our proposal to list the Mexican wolf (Canis lupus baileyi) as an endangered subspecies and to delist the gray wolf elsewhere, and on our proposed revision to the nonessential experimental population of the Mexican wolf. These proposals published in the Federal Register on June 13, 2013 (78 FR 35664 and 78 FR 35719). The proposals are available online at http://www.regulations.gov under Docket No. FWS-HQ-ES-2013-0073 and FWS-R2-ES-2013-0056 respectively and at http://www.gpo.gov/fdsys/pkg/FR-2013-06-13/pdf/2013-13982.pdf#page=2 and http://www.gpo.gov/fdsys/pkg/FR-2013-06-13/pdf/2013-13977.pdf respectively.

        For the types of information for which we are seeking public comments, please see the Public Comments or Information Requested section of the June 13, 2013, proposed rules (78 FR 35664 and 78 FR 35719).

        Please note that submissions merely stating support for or opposition to the actions under consideration without providing supporting information, although noted, will not be considered in making a determination. You may submit your comments and materials by one of the methods listed in ADDRESSES. We request that you send comments only by the methods described in ADDRESSES. Verbal testimony may also be presented during the public hearings (see DATES and ADDRESSES sections).

        We will post your entire comment—including your personal identifying information—on http://www.regulations.gov. If you provide personal identifying information, such as your street address, phone number, or email 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 some of the supporting documentation we used in preparing the proposed rules, will be available for public inspection on http://www.regulations.gov at the corresponding docket number (see ADDRESSES), or by appointment, during normal business hours at the corresponding office location (see FOR FURTHER INFORMATION CONTACT).
        We intend that any final actions resulting from the proposed rules will be based on the best scientific and commercial data available and be as accurate and as effective as possible. Therefore, we request comments or information from other concerned governmental agencies, tribes, the scientific community, industry, or other interested parties concerning the proposed rules. We request that you make your comments as specific as possible and explain the basis for them. In addition, please include sufficient information with your comments to allow us to authenticate any scientific or commercial data you reference or provide.
        Our final determinations concerning the proposed actions will take into consideration all written comments we receive during all comment periods, comments from peer reviewers, and comments received during the public hearings. The comments will be included in the public record for the corresponding rulemaking, and we will fully consider them in the preparation of our final determination.
        If you previously submitted comments or information on the proposed rules, please do not resubmit them. We will incorporate them into the corresponding public record as part of this comment period, and will fully consider them in the preparation of our final determination.
        Public Hearings

        Following delays caused by the Federal Government lapse in appropriations, the Service is announcing rescheduled dates for the remainder of a series of public hearings on the proposed rules. We are also adding a public information meeting and an additional public hearing in Pinetop, AZ. In total, we are holding one public information meeting and four public hearings on the dates listed in the DATES section at the locations listed in the ADDRESSES section.
        The November 19, 2013, public hearing in Denver, CO, and the November 22, 2013, public hearing in Sacramento, CA, will address the June 13, 2013 (78 FR 35664), proposal to list the Mexican wolf as an endangered subspecies and to delist the gray wolf elsewhere. The November 20, 2013, public hearing in Albuquerque, NM and the December 3, 2013, public hearing in Pinetop, AZ, will address both the June 13, 2013 (78 FR 35664), proposal to list the Mexican wolf as an endangered subspecies and to delist the gray wolf elsewhere, as well as the June 13, 2013 (78 FR 35719), proposed revision to the nonessential experimental population of the Mexican wolf. The December 3, 2013, public information meeting and public hearing in Pinetop, AZ, will focus on the June 13, 2013 (78 FR 35719), proposed revision to the nonessential experimental population of the Mexican wolf, but we will accept verbal testimony (formal, oral comments) or written comments regarding both of the June 13, 2013, proposals (78 FR 35664 and 78 FR 35719).
        We are holding the public hearings to provide interested parties an opportunity to present verbal testimony (formal, oral comments) or written comments regarding the proposals. A public hearing is a forum for accepting formal verbal testimony. The public information meeting in Pinetop, Arizona will provide the opportunity for interaction with Service staff, who will be available to provide information and address questions on the proposed rule, however, verbal testimony will only be accepted at the public hearings. Anyone wishing to testify verbally at the public hearings for the record is encouraged to also provide a written copy of their statement to us at the hearings. In the event of a large attendance, the time allotted for verbal testimony may be limited. Speakers can sign up at the hearings if they desire to make a verbal statement. Oral and written statements receive equal consideration. There are no limits on the length of written comments submitted to us.

        Persons with disabilities needing reasonable accommodations to participate in the Denver, CO, or Sacramento, CA, public hearings should contact the Headquarters Office (see FOR FURTHER INFORMATION CONTACT). Persons with disabilities needing reasonable accommodations to participate in the Albuquerque, NM, or Pinetop, AZ, public hearings should contact the Mexican Wolf Recovery Program (see FOR FURTHER INFORMATION CONTACT). Reasonable accommodation requests should be received at least 3 business days prior to the hearing to help ensure availability; at least 2 weeks prior notice is requested for American-sign-language or English-as-a-second-language interpreter needs.
        Authors
        The primary authors of this notice are the Ecological Services staff of the Headquarters Office, U.S. Fish and Wildlife Service.
        Authority

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

          Dated: October 23, 2013.
           Daniel M. Ashe,
           Director, U.S. Fish and Wildlife Service.

      [FR Doc. 2013-25390 Filed 10-25-13; 8:45 am]
      BILLING CODE 4310-55-P


        FEDERAL COMMUNICATIONS COMMISSION
        47 CFR Part 27 and 90
        [WT Docket No. 96-86; FCC 02-272]
        The Development of Operational, Technical and Spectrum Requirements for Meeting Federal, State and Local Public Safety Agency Communication Requirements Through the Year 2010

          AGENCY:
          Federal Communications Commission.

          ACTION:
          Proposed rule.

          SUMMARY:
          In this document, the Federal Communications Commission (Commission) proposes various technical and operational rules and policies regarding emission limitations in the narrowband portion of the 764-776 MHz and 794-806 MHz bands. This action follows recommendations proposed by the Private Radio Section (PRS) of the Telecommunication Industry Association (TIA). These Commission actions will facilitate public safety capabilities in the 700 MHz Band.

          DATES:
          Comments are due on or before December 9, 2002, and reply comments are due on or before December 23, 2002.

          ADDRESSES:

          Federal Communications Commission 445 12th Street, SW., TW-A325, Washington, DC 20554. See
            SUPPLEMENTARY INFORMATION for filing instructions.

          FOR FURTHER INFORMATION CONTACT:
          Roberto Mussenden, Esq., rmussend@fcc.gov, Policy and Rules Branch, Public Safety and Private Wireless Division, Wireless Telecommunications Bureau, at (202) 418-0680, or TTY (202) 418-7233.

        SUPPLEMENTARY INFORMATION:
        This is a summary of the Commission's Sixth Notice of Proposed Rulemaking, FCC 02-272, adopted on September 27, 2002, and released on October 4, 2002. The full text of this document is available for inspection and copying during normal business hours in the FCC Reference Center, 445 12th Street, SW., Washington, DC 20554. The complete text may be purchased from the Commission's copy contractor, Qualex International, 445 12th Street, SW., Room CY-B402, Washington, DC 20554. The full text may also be downloaded at: www.fcc.gov. Alternative formats are available to persons with disabilities by contacting Brian Millin at (202) 418-7426 or TTY (202) 418-7365 or at bmillin@fcc.gov.
        1. In this Sixth Notice of Proposed Rule Making (Sixth NPRM), the Commission requests comment on its tentative conclusion that adopting revisions to section 90.543 of the Commission's Rules as proposed herein would serve the public interest. These proposed rule changes would align the Commission's rules with industry standards documents and revise the values for Adjacent Channel Coupled Power (“ACCP”) emission limits for public safety transmitters operating in the 764-776 and 794-806 MHz frequency bands (“700 MHz band”). The proposed values reflect an industry consensus in response to the Commission's request in the Second Memorandum Opinion and Order in this proceeding
        I. Procedural Matters
        A. Ex Parte Rules—Permit-But-Disclose Proceeding

        2. This is a permit-but-disclose notice and comment rule making proceeding. Ex parte presentations are permitted, except during the Sunshine Agenda period, provided they are disclosed as provided in the Commission's Rules.
        B. Paperwork Reduction Act
        3. This Sixth NPRM does not contain either a proposed or modified information collection.
        C. Regulatory Flexibility Act
        4. Initial Regulatory Flexibility Certification. The Commission has prepared an Initial Regulatory Flexibility Certification concerning the impact on small entities of the policies and rules proposed by this Sixth NPRM. The Initial Regulatory Flexibility Certification is set forth below.
        D. Comment Dates

        5. Pursuant to §§ 1.415 and 1.419 of the Commission's rules, §§ 1.415 and 1.419, interested parties may file comments are due on or before December 9, 2002, and reply comments on or before December 23, 2002. Comments may be filed using the Commission's Electronic Comment Filing System (ECFS) or by filing paper copies. See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121, May 1 1998.

        6. Comments filed through the ECFS can be sent as an electronic file via the Internet to http://www.fcc.gov/e-file/ecfs.html. Generally, only one copy of an electronic submission must be filed. If multiple docket or rulemaking numbers appear in the caption of this proceeding, however, commenters must transmit one electronic copy of the comments to each docket or rulemaking number referenced in the caption. In completing the transmittal screen, commenters should include their full name, U.S. Postal Service mailing address, and the applicable docket or rulemaking number. Parties may also submit an electronic comment by Internet e-mail. To get filing instructions for e-mail comments, commenters should send an e-mail to ecfs@fcc.gov, and should include the following words in the body of the message, “get form <your e-mail address>.” A sample form and directions will be sent in reply.
        7. Parties who choose to file by paper must file an original and four copies of each filing. If more than one docket or rulemaking number appear in the caption of this proceeding, commenters must submit two additional copies for each additional docket or rulemaking number. Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail (although the Commission continues to experience delays in receiving U.S. Postal Service mail). The Commission's contractor, Vistronix, Inc., will receive hand-delivered or messenger-delivered paper filings for the Commission's Secretary at 236 Massachusetts Avenue, NE., Suite 110, Washington, DC 20002. The filing hours at this location are 8 a.m. to 7 p.m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes must be disposed of before entering the building. Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. U.S. Postal Service first-class mail, Express Mail, and Priority Mail should be addressed to 445 12th Street, SW., Washington, DC 20554. All filings must be addressed to the Commission's Secretary, Office of the Secretary, Federal Communications Commission.
        II. Initial Regulatory Flexibility Certification
        8. The Regulatory Flexibility Act (RFA) requires that an agency prepare a regulatory flexibility analysis for notice-and-comment rulemaking proceedings, unless the agency certifies that “the rule will not, if promulgated, have a significant economic impact on a substantial number of small entities.” The RFA generally defines “small entity” as having the same meaning as the terms “small business,” “small organization,” and “small governmental jurisdiction.” In addition, the term “small business” has the same meaning as the term “small business concern” under the Small Business Act. A “small business concern” is one which: (1) Is independently owned and operated; (2) is not dominant in its field of operation; and (3) satisfies any additional criteria established by the Small Business Administration (SBA).
        9. In this Sixth Notice of Proposed Rule Making (Notice), the Commission continues its evaluation of rules applicable to the use of public safety spectrum in the frequencies at 764-776 MHz and 794-806 MHz (the 700 MHz public safety band) and the spectrally proximate 700 MHz guard bands at 746-747 MHz, 762-764 MHz, 776-777 MHz, and 792-794 MHz. The Commission proposes the following changes in the Sixth Notice:
        • Revising values in the emission limit tables to ensure technological feasibility;
        • Deleting the column entitled “Maximum ACCP (dbm)” from the table governing ACCP requirements for mobile transmitters because these values are inconsistent with the Commission's decision not to require mobile transmitters to utilize Automatic Power Control;
        • Changing the terminology “Adjacent Channel Coupled Power” to “adjacent Channel Power” to align the Commission's rules with industry standards.
        These changes, which are intended to ensure that the Commission's rules reflect the latest technical and industry standards, and to correct typographical or ministerial errors in the Commission's Rules, are exclusively of an administrative nature. The changes will not have a significant economic impact on small entities because they are technologically neutral and will affect all entities equally.

        10. The Commission therefore certifies, pursuant to the RFA, that the proposals in this Notice, if adopted, will not have a significant economic impact on a substantial number of small entities. If commenters believe that the proposals discussed in the Notice require additional RFA analysis, they should include a discussion of these issues in their comments and additionally label them as RFA comments.

        11. The Commission will send a copy of the Notice, including a copy of this Initial Regulatory Flexibility Certification, to the Chief Counsel for Advocacy of the SBA. This initial certification will also be published in the Federal Register.
        III. Ordering Clauses
        12. Pursuant to sections 4(i), 303(f), 332, and 403 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 303(f), 332, 337, 405, this notice of proposed rulemaking is hereby adopted.
        13. The Commission's Consumer and Government Affairs Bureau, Reference Information Center, shall send a copy of this notice of proposed rule making, including the Regulatory Flexibility Certification, to the Chief Counsel for Advocacy of the Small Business Administration.

          List of Subjects
          47 CFR Part 27
          Communications common carriers, Communications equipment, Radio.
          47 CFR Part 90

        Communications equipment, Radio

          Federal Communications Commission.

          Marlene H. Dortch,
           Secretary.

        Rule Changes
        Parts 27 and 90 of title 47 of the Code of Federal Regulations is proposed to be amended as follows:

          PART 27—MISCELLANEOUS WIRELESS COMMUNICATIONS SERVICES
          1. The authority citation for Part 27 continues to read as follows:

            Authority:
            47 U.S.C. 154, 301, 302, 303, 307, 309, 332, 336, and 337 unless otherwise noted.

          2. Section 27.53 is amended by revising paragraph (d) to read as follows:

            § 27.53
            Emission limitations.

            (d) For operations in the 746-747 MHz, 762-764 MHz, 776-777 MHz, and 792-794 MHz bands, transmitters must meet the following emission limitations:
            (1) The adjacent channel power (ACP) requirements for transmitters designed for various channel sizes are shown in the following tables. Mobile station requirements apply to handheld, car mounted and control station units. The tables specify a value for the ACP as a function of the displacement from the channel center frequency and measurement bandwidth. In the following tables, “(s)” indicates a swept measurement may be used.

                Offset from center frequency (kHz)
                Measurement bandwidth (kHz)
                Maximum ACP (dBc)

                  6.25 kHz Mobile Transmitter ACP Requirements

                6.25
                6.25
                −40

                12.5
                6.25
                −60

                18.75
                6.25
                −60

                25.00
                6.25
                −65

                37.50
                25.00
                −65

                62.50
                25.00
                −65

                87.50
                25.00
                −65

                150.00
                100.00
                −65

                250.00
                100.00
                −65

                350.00
                100.00
                −65

                >400 kHz to 12 MHz
                30 (s)
                −75

                12 MHz to paired receive band
                30 (s)
                −75

                In the paired receive band
                30 (s)
                −100

                  12.5 kHz Mobile Transmitter ACP Requirements

                9.375
                6.25
                −40

                15.625
                6.25
                −60

                21.875
                6.25
                −60

                37.50
                25.00
                −60

                62.50
                25.00
                −65

                87.50
                25.00
                −65

                150.00
                100
                −65

                250.00
                100
                −65

                350.00
                100
                −65

                >400 to 12 MHz
                30 (s)
                −75

                12 MHz to paired receive band
                30 (s)
                −75

                In the paired receive band
                30 (s)
                −100

                  25 kHz Mobile Transmitter ACP Requirements

                15.625
                6.25
                −40

                21.875
                6.25
                −60

                37.50
                25
                −60

                62.50
                25
                −65

                87.50
                25
                −65

                150.00
                100
                −65

                250.00
                100
                −65

                350.00
                100
                −65

                >400kHz to 12 MHz
                30 (s)
                −75

                12 MHz to paired receive band
                30 (s)
                −75

                In the paired receive band
                30 (s)
                −100

                Offset from center frequency (kHz)
                Measurement Bandwidth (kHz)

                Maximum ACP relative (dBc)

                Maximum ACPabsolute (dBc)

                  150 kHz Mobile Transmitter ACP Requirements

                100
                50
                −40
                Not specified 1

                200
                50
                −50
                −35

                300
                50
                −50
                −35

                400
                50
                −50
                −35

                600-
                1000
                30(s)
                −60

                1000 to receive band
                30(s)
                −70
                −55

                In the receive band
                30(s)
                −100
                −75

                Offset from center frequency (kHz)
                Measurement bandwidth (kHz)

                Maximum ACP (dBc)

                  6.25 kHz Base Transmitter ACP Requirements

                6.25
                6.25
                −40

                12.50
                6.25
                −60

                18.75
                6.25
                −60

                25.00
                6.25
                −65

                37.50
                25
                −65

                62.50
                25
                −65

                87.50
                25
                −65

                150.00
                100
                −65

                250.00
                100
                −65

                350.00
                100
                −65

                >400 to 12 MHz
                30 (s)
                −80

                12 MHz to paired receive band 30(s)
                −80

                In the paired receive band
                30 (s)
                −100

                  12.5 kHz Base Transmitter ACP Requirements

                9.375
                6.25
                −40

                15.625
                6.25
                −60

                21.875
                6.25
                −60

                37.5
                25
                −60

                62.5
                25
                −65

                87.5
                25
                −65

                150
                100
                −65

                250
                100
                −65

                350.00
                100
                −65

                >400 kHz to 12 MHz
                30 (s)
                −80

                12 MHz to paired receive band
                30 (s)
                −80

                In the paired receive band
                30 (s)
                −100

                  25 kHz Base Transmitter ACP Requirements

                15.625
                6.25
                −40

                21.875
                6.25
                −60

                37.5
                25
                −60

                62.5
                25
                −65

                87.5
                25
                −65

                150
                100
                −65

                250
                100
                −65

                350
                100.00
                −65

                >400 kHz to12 MHz 30(s)
                −80

                12 MHz to paired receive band
                30 (s)
                −80

                In the paired receive band
                30 (s)
                −100

                  150 kHz Base Transmitter ACP Requirements

                100
                50
                −40

                200
                50
                −50

                300
                50
                −55

                400
                50
                −60

                600-1000
                30(s)
                −65

                1000 to receive band
                30(s)
                −75

                In the receive band
                30(s)
                −100

                1 Not specified.

                2 Continues at −6dB/Oct.

            (2) ACP measurement procedure. The following procedures are to be followed for making ACP transmitter measurements. For time division multiple access (TDMA) systems, the measurements are to be made under TDMA operation only during time slots when the transmitter is on. All measurements must be made at the input to the transmitter's antenna. Measurement bandwidth used below implies an instrument that measures the power in many narrow bandwidths (e.g. 300 Hz) and integrates these powers across a larger band to determine power in the measurement bandwidth.
            (i) Setting reference level: Using a spectrum analyzer capable of ACP measurements, set the measurement bandwidth to the channel size. For example, for a 6.25 kHz transmitter, set the measurement bandwidth to 6.25 kHz; for a 150 kHz transmitter, set the measurement bandwidth to 150 kHz. Set the frequency offset of the measurement bandwidth to zero and adjust the center frequency of the spectrum analyzer to give the power level in the measurement bandwidth. Record this power level in dBm as the “reference power level”.
            (ii) Non-swept power measurement: Using a spectrum analyzer capable of ACP measurements, set the measurement bandwidth as shown in the tables above. Measure the ACP in dBm. These measurements should be made at maximum power. Calculate the coupled power by subtracting the measurements made in this step from the reference power measured in the previous step. The absolute ACP values must be less than the values given in the table for each condition above.
            (iii) Swept power measurement: Set a spectrum analyzer to 30 kHz resolution bandwidth, 1 MHz video bandwidth and sample mode detection. Sweep #6 MHz from the carrier frequency. Set the reference level to the RMS value of the transmitter power and note the absolute power. The response at frequencies greater than 600 kHz must be less than the values in the tables above.
            (3) Out-of-band emission limit. On any frequency outside of the frequency ranges covered by the ACP tables in this section, the power of any emission must be reduced below the unmodulated carrier power (P) by at least 43 + 10 log (P) dB.
            (4) Authorized bandwidth. Provided that the ACP requirements of this section are met, applicants may request any authorized bandwidth that does not exceed the channel size.

          PART 90—PRIVATE LAND MOBILE RADIO SERVICES
          3. The authority citation for Part 90 continues to read as follows:

            Authority:
            Sections 4(i), 11, 303(g), 303(r), and 332(c)(7) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 161, 303(g), 303(r), 332(c)(7).

          4. Section 90.543 is amended by revising paragraph (a) to read as follows:

            § 90.543
            Emission limitations.

            (a) The adjacent channel power (ACP) requirements for transmitters designed for various channel sizes are shown in the following tables. Mobile station requirements apply to handheld, car mounted and control station units. The tables specify a value for the ACP as a function of the displacement from the channel center frequency and measurement bandwidth. In the following tables, “(s)” indicates a swept measurement may be used.

                Offset from center frequency (kHz)
                Measurement bandwidth

                Maximum ACP (dBc)

                  6.25 kHz Mobile Transmitter ACP Requirements

                6.25
                6.25
                −40

                12.5
                6.25
                −60

                18.75
                6.25
                −60

                25.00
                6.25
                −65

                37.50
                25.00
                −65

                62.50
                25.00
                −65

                87.50
                25.00
                −65

                150.00
                100.00
                −65

                250.00
                100.00
                −65

                350.00
                100.00
                −65

                >400 kHz to 12 MHz
                30 (s)
                −75

                12 MHz to paired receive band
                30 (s)
                −75

                In the paired receive band
                30 (s)
                −100

                  12.5 kHz Mobile Transmitter ACP Requirements

                9.375
                6.25
                −40

                15.625
                6.25
                −60

                21.875
                6.25
                −60

                37.50
                25.00
                −60

                62.50
                25.00
                −65

                87.50
                25.00
                −65

                150.00
                100
                −65

                250.00
                100
                −65

                350.00
                100
                −65

                >400 kHz to 12 MHz
                30 (s)
                −75

                12 MHz to paired receive band
                30 (s)
                −75

                In the paired receive band
                30 (s)
                −100

                  25 kHz Mobile Transmitter ACP Requirements

                15.625
                6.25
                −40

                21.875
                6.25
                −60

                37.50
                25
                −60

                62.50
                25
                −65

                87.50
                25
                −65

                150.00
                100
                −65

                250.00
                100
                −65

                350.00
                100
                −65

                >400 kHz to 12 MHz
                30 (s)
                −75

                12 MHz to paired receive band
                30 (s)
                −75

                In the paired receive band
                30 (s)
                −100

                Offset from center frequency (kHz)
                Measurement bandwidth (kHz)
                Maximum ACP relative (dBc)

                Maximum ACP absolute (dBc)

                  150 kHz Mobile Transmitter ACP Requirements

                100
                50
                −40
                Not specified

                200
                50
                −50
                −35

                300
                50
                −50
                −35

                400
                50
                −50
                −35

                600-1000
                30(s)
                −60
                −45

                1000 to receive band
                30(s)
                −70
                −55

                In the receive band
                30(s)
                −100
                −75

                Offset from center frequency (kHz)
                Measurement bandwidth (kHz)

                Maximum ACP (dBc)

                  6.25 kHz Base Transmitter ACP Requirements

                6.25
                6.25
                −40

                12.50
                6.25
                −60

                18.75
                6.25
                −60

                25.00
                6.25
                −65

                37.50
                25
                −65

                62.50
                25
                −65

                87.50
                25
                −65

                150.00
                100
                −65

                250.00
                100
                −65

                350.00
                100
                −65

                >400 kHz to 12 MHz
                30 (s)
                −80

                12 MHz to paired receive band
                30 (s)
                −80

                In the paired receive band
                30 (s)
                −100

                  12.5 kHz Base Transmitter ACP Requirements

                9.375
                6.25
                −40

                15.625
                6.25
                −60

                21.875
                6.25
                −60

                37.5
                25
                −60

                62.5
                25
                −65

                87.5
                25
                −65

                150
                100
                −65

                250
                100
                −65

                350
                100
                −65

                >400 kHz to 12 MHz
                30 (s)
                −80

                12 MHz to paired receive band
                30 (s)
                −80

                In the paired receive band
                30 (s)
                −100

                  25 kHz Base Transmitter ACP Requirements

                15.625
                6.25
                −40

                21.875
                6.25
                −60

                37.5
                25
                −60

                62.5
                25
                −65

                87.5
                25
                −65

                150
                100
                −65

                250
                100
                −65

                350
                100.00
                −65

                >400 kHz to 12 MHz
                30 (s)
                −80

                12 MHz to paired receive band
                30 (s)
                −80

                In the paired receive band
                30 (s)
                −100

                  150 kHz Base Transmitter ACP Requirements

                100
                50
                −40

                200
                50
                −50

                300
                50
                −55

                400
                50
                −60

                600-1000
                30 (s)
                −65

                1000 to receive band
                30 (s)

                  1 −75

                In the receive band
                30 (s)
                −100

              Continues at 6dB/Oct.

            (b) ACP measurement procedure. The following are the procedures for making the transmitter ACP measurements. For all measurements modulate the transmitter as it would be modulated in normal operating conditions. For time division multiple access (TDMA) systems, the measurements are to be made under TDMA operation only during procedures for making transmitter measurements. For time division multiple access (TDMA) systems, the measurements are to be made under TDMA operation only during time slots when the transmitter is active. All measurements are made at the transmitter's output port. If a transmitter has an integral antenna, a suitable power coupling device shall be used to couple the RF signal to the measurement instrument. The coupling device shall substantially maintain the proper transmitter load impedance. The ACP measurements may be made with a spectrum analyzer capable of making direct ACP measurements. “Measurement bandwidth”, as used for non-swept measurements, implies an instrument that measures the power in many narrow bandwidths equal to the nominal resolution bandwidth and integrates these powers to determine the total power in the specified measurement bandwidth.
            (1) Setting reference level. Set transmitter to maximum output power. Using a spectrum analyzer capable of ACP measurements, set the measurement bandwidth to the channel size. For example, for a 6.25 kHz transmitter, set the measurement bandwidth to 6.25 kHz; for a 150 kHz transmitter, set the measurement bandwidth to 150 kHz. Set the frequency offset of the measurement bandwidth to zero and adjust the center frequency of the instrument to the assigned center frequency to measure the average power level of the transmitter. Record this power level in dBm as the “reference power level”.
            (2) Non-swept power measurement: Using a spectrum analyzer capable of ACP measurements, set the measurement bandwidth and frequency offset from the assigned center frequency as shown in the tables in § 90.543(a) above. Any value of resolution bandwidth may be used as long as it does not exceed 2% of the specified measurement bandwidth. Measure the power level in dBm. These measurements should be made at maximum power. Calculate ACP by subtracting the reference power level measured in (b)(1) from the measurements made in this step. The absolute value of the calculated ACP must be greater than or equal to the absolute value of the ACP given in the table for each condition above.
            (3) Swept power measurement: Set a spectrum analyzer to 30 kHz resolution bandwidth, 1 MHz bandwidth and average, sample, or RMS detection. Set the reference level of the spectrum analyzer to the RMS value of the transmitter power. Sweep above and below the carrier frequency to the limits defined in the tables. Calculate ACP by subtracting the reference power level measured in (b)(1) from the measurements made in this step. The absolute value of the calculated ACP must be greater than or equal to the absolute value of the ACP given in the table for each condition above.
            (c) Out-of-band emission limit. On any frequency outside of the frequency ranges covered by the ACP tables in this section, the power of any emission must be reduced below the mean output power (P) by at least 43 + 10log (P) dB measured in 100 kHz bandwidth for frequencies less than 1 GHz, and in a 1 MHz bandwidth for frequencies greater than 1GHz.
            (d) Authorized bandwidth. Provided that the ACP requirements of this section are met, applicants may request any authorized bandwidth that does not exceed the channel size.
            (e) For operations in the 764 to 776 MHz and 794 to 806 MHz bands, all emissions including harmonics in the band 1559-1610 MHz shall be limited to −70 dBW/MHz dBW/MHz equivalent isotropically radiated power (EIRP) for wideband signals, and −80 dBW EIRP for discrete emissions of less than 700 Hz bandwidth. For the purpose of equipment authorization, a transmitter shall be tested with an antenna that is representative of the type that will be used with the equipment in normal operation.
            (f) When an emission outside of the authorized bandwidth causes harmful interference, the Commission may, at its discretion, require greater attenuation than specified in this section.

      [FR Doc. 02-28166 Filed 11-7-02; 8:45 am]
      BILLING CODE 6712-01-P


        DEPARTMENT OF COMMERCE
        National Oceanic and Atmospheric Administration
        50 CFR Part 665
        RIN 0648-AW66
        Western Pacific Pelagic Fisheries; Purse Seine Prohibited Areas Around American Samoa

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

          ACTION:
          Notice of availability of fishery ecosystem plan amendment; request for comments.

          SUMMARY:
          NMFS announces that the Western Pacific Fishery Management Council (Council) proposes to amend the Fishery Ecosystem Plan for Pelagic Fisheries of the Western Pacific Region (FEP). If approved by the Secretary of Commerce, Amendment 3 would prohibit purse seine fishing in the U.S. Exclusive Economic Zone (EEZ) within 75 nautical miles (nm) of shore around American Samoa. The proposed action is intended to reduce catch competition between purse seine vessels and local trolling and longline fleets due to possible localized stock depletion by purse seine fishing, and to minimize gear conflicts between the local longline fleet and domestic purse seine vessels.

          DATES:
          Comments on Amendment 3, including an environmental assessment, must be received by June 6, 2011.

          ADDRESSES:

          Copies of Amendment 3, including an environmental assessment, are available from http://www.regulations.gov, or the Council, 1164 Bishop St., Suite 1400, Honolulu, HI 96813, tel 808-522-8220, fax 808-522-8226, http://www.wpcouncil.org. Comments on the amendment, including the environmental assessment, identified by 0648-AW66, may be sent to either of the following addresses:
          • Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal http://www.regulations.gov; or
          • Mail: Mail written comments to Michael D. Tosatto, Regional Administrator, NMFS, Pacific Islands Region (PIR), 1601 Kapiolani Blvd., Suite 1110, Honolulu, HI 96814-4700.

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

          FOR FURTHER INFORMATION CONTACT:
          Adam Bailey, NMFS PIR Sustainable Fisheries Division, 808-944-2248.

        SUPPLEMENTARY INFORMATION:
        Pelagic fisheries in the U.S. western Pacific are managed under the FEP, developed by the Council, and approved and implemented by NMFS. The Council submitted Amendment 3 to NMFS for review under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). The Council prepared Amendment 3 to address pelagic fishing concerns in American Samoa. Local, pelagic trolling vessels target skipjack and yellowfin tuna in the EEZ around American Samoa. These vessels are usually small and incapable of safely traveling long distances from shore or holding large quantities of fish and are, therefore, limited to day trips in nearshore areas (less than 50 nm (93 km)) from shore.
        Local pelagic longline vessels target albacore tuna and retain non-target skipjack. Small longline vessels (less than 50 ft) are limited to fishing within 50 nm (93 km) of shore and large longline vessels (50 ft and longer) can travel throughout the EEZ around American Samoa, and beyond, to fish. Longline gear is deployed in the morning, left to fish, and brought back on board starting in the late afternoon extending into the early morning of the next day. The length of mainline averages 40 nm (74 km), is deployed horizontally with floats at the surface, and drifts with the current. Individual vessels usually set one line per day.
        Purse seine vessels also target skipjack tuna, but are much larger, and more sophisticated and efficient. Fish aggregating devices (FADs), either natural or man-made, are deployed to drift around the ocean, until sufficient quantities of fish are accumulated to them. Purse seines are then deployed near or around FADs. Conditions for purse seine fishing in the EEZ around American Samoa are less favorable than other areas, and most domestic purse seine fishing is conducted outside the EEZ, to the north and northwest. There are 11 vessels in the U.S. purse seine fleet with an endorsement to fish within the U.S. EEZ. The average skipjack tuna catch per set is approximately 2.4 mt (5,308 lb).
        The Council is concerned about possible impacts on other pelagic fisheries if U.S. purse seine vessels were to increase activity in the EEZ around American Samoa near areas fished by troll and pelagic longline vessels. Localized fish depletion can occur when a stock in a small area is reduced by the removal of large amounts of fish, thereby temporarily depleting the availability of the stock to fishing activity or other predators in that area. Research suggests localized depletion may occur when large scale fishing operations, such as purse seine, competes with small-scale fishing operations, triggering catch competition for a single resource in a limited area. Reductions in fish density and catch rate could cause small vessels to travel farther to maintain catch rates, resulting in lost revenue due to increased expenses and possible safety-at-sea issues if vessels fish farther from port and for longer durations. Amendment 3 could also reduce gear conflicts by separating purse seine operations from trolling longline activity closer to shore. All other measures currently applicable to the purse seine fishery, including large vessel prohibited areas of 50 nm, would remain unchanged.
        Comments on Amendment 3 must be received by June 6, 2011 to be considered by NMFS in the decision to approve, partially approve, or disapprove the amendment. NMFS soon expects to publish and request public comment on a proposed rule that would implement the measures recommended in Amendment 3.

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

          Dated: April 1, 2011.
          Emily H. Menashes,
          Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.

      [FR Doc. 2011-8212 Filed 4-5-11; 8:45 am]
      BILLING CODE 3510-22-P