Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Proposed Rules 77245 

1PHMSA, Interp. No. PI–21–0003, In re 

Pennsylvania Public Utility Commission, (Sept. 1, 

2021) (the ‘‘2021 Interpretation’’). 

On April 9, 2020, a failure occurred on 

the landowner’s piping, causing damage 

to a nearby residential structure. 

On January 29, 2021, the 

Pennsylvania Public Utility 

Commission’s (PAPUC) Bureau of 

Investigation and Enforcement (BI&E) 

requested an interpretation of 49 CFR 

part 192 as it concerned the facts of this 

incident. On September 21, 2021, OPS 

issued an interpretation in response to 

BI&E’s inquiry.1 The 2021 Interpretation 

stated that the piping between Mifflin’s 

production line and the landowner’s 

meter was a service line under § 192.3; 

the lease agreement did not have an 

impact on whether the pipe was a 

service line; and Mifflin was an 

‘‘operator’’ within the meaning of 

§ 192.3. 

On March 20, 2023, Mifflin filed a 

Petition with PHMSA requesting 

PHMSA issue an order declaring that, 

under a free gas arrangement, customerowned piping upstream of a meter is not 

subject to 49 CFR part 192, and that a 

production line operator is not 

responsible for ensuring compliance 

with part 192 on customer piping. The 

Petition also requested that PHMSA 

rescind its 2021 Interpretation issued to 

BI&E. The Petition is available for 

review in the docket for this proceeding. 

Before issuing a final decision on the 

Petition, PHMSA will evaluate all 

comments received on or before the 

comment closing date. Comments 

received after the closing date will be 

evaluated if it is possible to do so 

without incurring additional expense or 

delay. PHMSA will consider each 

relevant comment received in issuing its 

final decision and order, which will be 

published in the Federal Register and 

posted to PHMSA’s website. 

PHMSA notes this is the first time a 

person has petitioned for issuance of a 

declaratory order under authority 

granted to PHMSA by the PIPES Act of 

2020. See Protecting Our Infrastructure 

of Pipelines and Enhancing Safety Act 

of 2020, Consolidated Appropriations 

Act, 2021, Division R, Public Law 116– 

260, section 108(a), 134 Stat. 1181, 

2221, 2223; 49 U.S.C. 60117(b)(1)(J). 

PHMSA is committed to including an 

opportunity for public comment in 

circumstances in which it exercises its 

authority to issue a declaratory order. 

Issued in Washington, DC, on November 3, 

2023, under authority delegated in 49 CFR 

1.97. 

Alan K. Mayberry, 

Associate Administrator for Pipeline Safety. 

[FR Doc. 2023–24718 Filed 11–8–23; 8:45 am] 

BILLING CODE 4910–60–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 216 

[RTID 0648–XD169] 

Marine Mammals; Subsistence Taking 

of Northern Fur Seals; Pribilof and 

Aleutian Islands 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notification of receipt of 

petition for rulemaking; request for 

comments. 

SUMMARY: NMFS announces the receipt 

of a petition for rulemaking under the 

Administrative Procedure Act (APA). 

The Aleut Community of St. Paul Island 

(ACSPI), the Traditional Council of St. 

George Island (TCSGI), and the Aleut 

Marine Mammal Commission (AMMC) 

have petitioned NMFS to revise 

regulations governing the subsistence 

taking of northern fur seals. The 

revisions requested include: changing 

the current hunting season on St. Paul 

Island, Alaska to begin on October 15, 

creating an annual hunting season on St. 

George Island, Alaska to begin on 

October 15 and end on May 31, and 

creating an annual hunting season in the 

Aleutian Islands in Alaska to begin on 

November 1 and end on April 30, with 

an upper take limit for the Aleutian 

Islands of 100 non-breeding male fur 

seals. NMFS solicits public comments 

on this request. NMFS will consider all 

comments and available information 

when determining whether to proceed 

with rulemaking. 

DATES: Comments must be received by 

December 11, 2023. 

ADDRESSES: You may submit comments 

on this document, identified by NOAA– 

NMFS–2023–091, by any of the 

following methods: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal eRulemaking Portal. Go to 

https://www.regulations.gov and enter 

[NOAA–NMFS–2023–091] in the Search 

box. Click the ‘‘Comment’’ icon, 

complete the required fields, and enter 

or attach your comments. 

• Mail: Submit written comments to 

Anne Marie Eich, NMFS Alaska 

Regional Office, 709 W. 9th St., P.O. Box 

21668, Juneau, AK 99802. 

Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the end of 

the comment period may not be 

considered by NMFS. All comments 

received are a part of the public record 

and will generally be posted for public 

viewing on https://www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address), 

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender will 

be publicly accessible. NMFS will 

accept anonymous comments (enter ‘‘N/ 

A’’ in the required fields if you wish to 

remain anonymous). 

Electronic copies of the petitions and 

letters are available at: https://

www.regulations.gov/docket/NOAANMFS-2023-091 or the NMFS Alaska 

Region website: https://

www.fisheries.noaa.gov/alaska/marinemammal-protection/northern-fur-sealsubsistence-harvest-estimates-andreports#subsistence-harvest-estimates. 

FOR FURTHER INFORMATION CONTACT: 

Michael Williams, NMFS Alaska 

Region, 907–271–5117, 

michael.williams@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The subsistence use of northern fur 

seals on the Pribilof Islands is governed 

by regulations established under the Fur 

Seal Act in 50 CFR 216.71–74. These 

regulations were most recently revised 

on October 30, 2014 (79 FR 65327, 

November 4, 2014), and September 27, 

2019 (84 FR 52372, October 2, 2019), to 

increase food security, consistent with 

traditional and cultural practices, and 

deregulate aspects of the subsistence use 

of northern fur seals on the Pribilof 

Islands. ACSPI, TCSGI, and AMMC 

report that Alaska Native subsistence 

users have experienced the direct effects 

of climate change through 

unprecedented storm frequency, timing, 

and duration. This has resulted in the 

reduction of the availability of and 

opportunity to obtain subsistence 

resources. As a result, the ACSPI, 

TCSGI, and the AMMC submitted 

requests to NMFS to change the 

regulations to expand fur seal hunting 

and harvesting opportunities to meet 

their customary and traditional needs 

and practices, as well as their 

subsistence needs. NMFS considers 

these requests to be a formal petition for 

rulemaking under the APA. The 

requests are as follows: 


ddrumheller on DSK120RN23PROD with PROPOSALS1
77246 Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Proposed Rules 

1. Change the Current Hunting Season 

on St. Paul Island 

On November 2, 2022, ACSPI 

requested in a letter to NMFS that 

representatives from NMFS and ACSPI 

investigate the feasibility of changing 

the duration of the hunting season on 

St. Paul Island. Subsequent discussions 

by the St. Paul Island Marine Mammal 

Co-Management Council (which 

includes both NMFS and ACSPI 

representatives) identified regulatory 

changes to create greater food security 

and subsistence use opportunities on St. 

Paul Island. 

Current regulations at 50 CFR 

216.72(e)(1) allow subsistence hunting 

of northern fur seals with firearms from 

January 1 through May 31, annually. 

ACSPI requests NMFS modify 

regulations to allow the annual hunting 

season with firearms to begin October 

15 and end consistent with the 

provisions at 50 CFR 216.72(g)(1)(i). 

This would result in a northern fur seal 

hunting season with firearms on St. Paul 

Island from October 15 through May 31, 

or when the overall quota for a calendar 

year is reached (2,000 juvenile male fur 

seals). ACSPI did not request any 

change to the overall quota of 2,000 

juvenile northern fur seal males or the 

female mortality limit of 20 northern fur 

seals. Therefore, NMFS is not 

considering any changes to the quota or 

female mortality limit at this time. 

2. Create a Hunting Season on St. 

George Island 

Current regulations at 50 CFR 

216.72(d) do not allow subsistence use 

of northern fur seals with firearms on St. 

George Island. The regulatory changes 

in 2014 (79 FR 65327, November 4, 

2014) and 2019 (84 FR 52372, October 

2, 2019) did not contemplate a hunting 

season to use firearms to take fur seals 

for subsistence on St. George Island. 

The TCSGI submitted a letter to 

NMFS on June 8, 2023, requesting 

equitable subsistence hunting 

opportunities for the community of St. 

George by creating a hunting season 

using firearms annually from October 15 

to May 31, similar to that proposed on 

St. Paul Island. The letter requested no 

change to the overall quota of 500 

juvenile males, 150 male pups, or the 

female mortality limit of 3 northern fur 

seals. Therefore, NMFS is not 

considering any changes to the quota or 

female mortality limit at this time. 

3. Create a Hunting Season and 

Associated Upper Take Limit in the 

Aleutian Islands in Alaska 

On May 1, 2023, AMMC submitted a 

letter to NMFS outlining their interest in 

resuming their traditional subsistence 

practices of taking fur seals. Harvesting 

fur seals on land in the Aleutian Islands 

is not practical, as the only breeding 

location is the uninhabited Bogoslof 

Island. However, northern fur seals 

migrate through the AMMC region (i.e., 

the Aleutian Islands and Alaska 

Peninsula), which if authorized for 

subsistence use, could provide an 

additional subsistence resource for 

AMMC member communities. The 2019 

Alaska Marine Mammal Stock 

Assessment Report (SAR) indicates 

declining availability of harbor seals 

over the past decade in the Aleutian 

Islands (Muto et al., 2020). The 2019 

SAR for the Western Distinct Population 

Segment (DPS) of Steller sea lion, which 

includes most sea lions in the Aleutian 

Islands where hunting may occur, also 

notes historically low abundance and 

availability in this region (some Eastern 

DPS animals may occur in the area, but 

it is unclear to what extent) (Jemison et 

al., 2013; Jemison et al., 2018; Muto et 

al., 2020). Both harbor seals and Steller 

sea lions are important subsistence 

resources in the Aleutian region, and 

hunting of northern fur seals for 

subsistence would improve food 

security for AMMC member tribes. The 

AMMC letter requests a revision of the 

regulations at 50 CFR 216.72(b) to allow 

a total take of 100 non-breeding male fur 

seals by hunting with firearms from 

November 1 through April 30 in the 

AMMC region from their 11 member 

tribes in the communities of Atka, 

Belkofski, Akutan, False Pass, 

Agdaagux, Nelson Lagoon, Nikolski, 

Pauloff Harbor, Qagan Tayagungin, 

Unalaska, and Unga. 

Request for Information 

The Assistant Administrator for 

Fisheries, has determined that the 

petition contains enough information to 

enable NMFS to consider the substance 

of the petition. NMFS solicits public 

comment on these three related requests 

to modify regulations that govern the 

taking of fur seals for subsistence 

purposes by Alaska Native residents of 

the Pribilof and Aleutian Islands. NMFS 

is particularly interested in information 

that would allow an evaluation of the 

effects these potential changes may have 

on food security, the fur seal 

population, and the temporal and 

spatial distribution of hunting effort. 

NMFS will consider public comments 

received in determining whether to 

proceed with the requested regulations 

revisions. Upon determining whether to 

initiate the requested rulemaking, the 

Assistant Administrator for Fisheries, 

will publish in the Federal Register the 

Agency’s notice of proposed rulemaking 

with a request for public comment. 

References 

Jemison, L.A., G.W. Pendleton, L.W. Fritz, 

K.K. Hastings, J.M. Maniscalco, A.W. 

Trites, and T.S. Gelatt. 2013. Interpopulation movements of Steller sea 

lions in Alaska with implications for 

population separation. PLoS ONE 

8(8):e70167. 

Jemison, L.A., G.W. Pendleton, K.K. Hastings, 

J.M. Maniscalco, and L.W. Fritz. 2018. 

Spatial distribution, movements, and 

geographic range of Steller sea lions 

(Eumetopias jubatus) in Alaska. PLoS 

ONE 13(12):e0208093. 

Muto, M.M., V.T. Helker, B.J. Delean, R.P. 

Angliss, P.L. Boveng, J.M. Breiwick, B.M. 

Brost, M.F. Cameron, P.J. Clapham, S.P. 

Dahle, M.E. Dahlheim, B.S. Fadely, M.C. 

Ferguson, L.W. Fritz, R.C. Hobbs, Y.V. 

Ivaschenko, A.S. Kennedy, J.M. London, 

S.A. Mizroch, R.R. Ream, E.L. Richmond, 

K.E.W. Shelden, K.L. Sweeney, R.G. 

Towell, P.R. Wade, J.M. Waite, and A.N. 

Zerbini. 2020. Alaska Marine Mammal 

Stock Assessments, 2019. U.S. Dept. of 

Commerce, National Oceanic and 

Atmospheric Administration, National 

Marine Fisheries Service, Alaska 

Fisheries Science Center, Seattle, WA, 

July 2020. NOAA Technical 

Memorandum NMFS–AFSC–404, 395 

pp. 

Dated: November 6, 2023. 

Samuel D. Rauch, III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2023–24829 Filed 11–8–23; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 231101–0258] 

RIN 0648–BM46 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Reef Fish 

Resources of the Gulf of Mexico; 

Amendment 56 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes to implement 

management measures described in 

Amendment 56 to the Fishery 

Management Plan for the Reef Fish 

Resources of the Gulf of Mexico (FMP) 

as prepared by the Gulf of Mexico 


ddrumheller on DSK120RN23PROD with PROPOSALS1