Federal Register / Vol. 83, No. 16 / Wednesday, January 24, 2018 / Proposed Rules 3287 

(7) Air Cruisers Service Bulletin A300/ 

A310 003–25–33, dated August 27, 2010. 

(8) Air Cruisers Service Bulletin A310 002– 

25–08, dated August 27, 2010. 

(9) Air Cruisers Service Bulletin A320 004– 

25–87, Rev. No. 2, dated January 7, 2011. 

(10) Air Cruisers Service Bulletin A321 

005–25–21, dated August 27, 2010. 

(11) Air Cruisers Service Bulletin BAe146 

201–25–23, dated December 10, 2010. 

(12) Air Cruisers Service Bulletin F28 352– 

25–02, dated December 10, 2010. 

(13) Air Cruisers Service Bulletin F100 

351–25–07, dated December 10, 2010. 

(14) Air Cruisers Service Bulletin Liferaft 

35–25–79, dated August 27, 2010. 

(15) Air Cruisers Service Bulletin MD11 

305–25–35, dated August 27, 2010. 

(16) Air Cruisers Service Bulletin MD80/ 

90/717 304–25–45, dated August 27, 2010. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 25, Equipment/furnishings. 

(e) Unsafe Condition 

This AD was prompted by reports 

indicating that affected fusible plugs 

activated (vented gas) below the rated 

temperature. We are issuing this AD to detect 

and replace fusible plugs that might activate 

below the rated temperature, which renders 

the evacuation system unusable. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Fusible Plug Identification 

Within 42 months after the effective date 

of this AD, do an inspection to determine if 

any fusible plug has part number (P/N) 

B13984–3, stamped with Lot PA–21 or PA– 

22. A review of the airplane maintenance 

records is acceptable to make this 

determination if it can be conclusively 

determined from that review that a part not 

having P/N B13984–3, stamped with Lot PA– 

21 or PA–22, has been installed. 

(h) Replacement of Affected Fusible Plug 

If, during the inspection or records review 

required by paragraph (g) of this AD, it is 

determined that any fusible plug has part 

number (P/N) B13984–3, stamped with Lot 

PA–21 or PA–22: Before further flight, 

replace that fusible plug with a new part that 

does not have P/N B13984–3, stamped with 

Lot PA–21 or PA–22. 

Note 1 to paragraph (h) of this AD: 

Guidance can be found in the applicable 

component maintenance manual (CMM) for 

the replacement. In addition, Air Cruisers 

Service Information Letter 25–246, Rev. No. 

1, dated February 21, 2014, provides 

information regarding affected fusible plugs 

and guidance on the replacement. 

(i) Parts Installation Prohibition 

As of the effective date of this AD, no 

person may install on any airplane any 

fusible plug having P/N B13984–3, stamped 

with Lot PA–21 or PA–22. 

(j) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, New York ACO Branch, 

FAA, has the authority to approve AMOCs 

for this AD, if requested using the procedures 

found in 14 CFR 39.19. In accordance with 

14 CFR 39.19, send your request to your 

principal inspector or local Flight Standards 

District Office, as appropriate. If sending 

information directly to the certification 

office, send it to ATTN: Program Manager, 

Continuing Operational Safety, FAA, New 

York ACO Branch, 1600 Stewart Avenue, 

Suite 410, Westbury, NY 11590; telephone: 

516–228–7300; fax: 516–794–5531. 

(2) Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the local flight standards district office/ 

certificate holding district office. 

(k) Related Information 

(1) For more information about this AD, 

contact Cesar Gomez, Aerospace Engineer, 

Airframe and Mechanical Systems Section, 

FAA, New York ACO Branch, 1600 Stewart 

Avenue, Suite 410, Westbury, NY 11590; 

telephone 516–228–7318; fax 516–794–5531. 

(2) For service information identified in 

this AD, contact Air Cruisers, 1747 State 

Route 34, Wall Township, NJ 07727–3935; 

phone 732–681–3527; email 

technicalpublications@zodiacaerospace.com. 

You may view this service information at the 

FAA, Transport Standards Branch, 1601 Lind 

Avenue SW, Renton, WA. For information on 

the availability of this material at the FAA, 

call 425–227–1221. 

Issued in Renton, Washington, on January 

5, 2018. 

Michael Kaszycki, 

Acting Director, System Oversight Division, 

Aircraft Certification Service. 

[FR Doc. 2018–00951 Filed 1–23–18; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2017–0967; Product 

Identifier 2017–NE–35–AD] 

RIN 2120–AA64 

Airworthiness Directives; GE Aviation 

Czech s.r.o. Turboprop Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for GE 

Aviation Czech s.r.o. M601D–11, 

M601E–11, M601E–11A, M601E–11AS, 

M601E–11S, M601F, H80, H80–100, 

H80–200, H75–100, H75–200, H85–100, 

and H85–200 turboprop engines. This 

proposed AD was prompted by a review 

by the manufacturer that identified the 

possibility of a power turbine (PT) rotor 

overspeed and the uncontained release 

of PT blades. This proposed AD would 

require installing a modified engine 

outlet system. We are proposing this AD 

to address the unsafe condition on these 

products. 

DATES: We must receive comments on 

this NPRM by March 12, 2018. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, by any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, Room W12–140, 1200 New Jersey 

Avenue SE, Washington, DC 20590. 

• Hand Delivery: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

• Fax: 202–493–2251. 

For service information identified in 

this proposed AD, contact GE Aviation 

Czech s.r.o., Beranovy ́ch 65, 199 02 

Praha 9—Letnˇ any, Czech Republic; 

phone: +420 222 538 111; fax: +420 222 

538 222. You may view this service 

information at the FAA, Engine and 

Propeller Standards Branch, 1200 

District Avenue, Burlington, MA. For 

information on the availability of this 

material at the FAA, call 781–238–7759. 

Examining the AD Docket 

You may examine the AD docket on 

the internet at http://

www.regulations.gov by searching for 

and locating Docket No. FAA–2017– 

0967; or in person at Docket Operations 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

The AD docket contains this proposed 

AD, the mandatory continuing 

airworthiness information (MCAI), the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Operations 

(phone: 800–647–5527) is listed above. 

Comments will be available in the AD 

docket shortly after receipt. 

FOR FURTHER INFORMATION CONTACT: 

Robert Green, Aerospace Engineer, ECO 

Branch, FAA, 1200 District Avenue, 

Burlington, MA 01803; phone: 781– 

238–7754; fax: 781–238–7199; email: 

robert.green@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposal. Send your comments to 

an address listed under the ADDRESSES


daltland on DSKBBV9HB2PROD with PROPOSALS
3288 Federal Register / Vol. 83, No. 16 / Wednesday, January 24, 2018 / Proposed Rules 

section. Include ‘‘Docket No. FAA– 

2017–0967; Product Identifier 2017– 

NE–35–AD’’ at the beginning of your 

comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this NPRM. We will consider 

all comments received by the closing 

date and may amend this NPRM 

because of those comments. 

We will post all comments we 

receive, without change, to http://

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact with FAA 

personnel concerning this NPRM. 

Discussion 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA AD 2017– 

0151, dated August 18, 2017 (referred to 

hereinafter as ‘‘the MCAI’’), to correct an 

unsafe condition for the specified 

products. The MCAI states: 

A recent design review identified the 

possibility of failure of the power turbine 

(PT) or quill shaft splines. 

This condition, if not corrected, could lead 

to a PT rotor overspeed, with consequent 

release of PT blade(s), possibly resulting in 

high energy debris and damage to, and/or 

reduced control of, the aeroplane. 

To address this potential unsafe condition, 

GE Aviation Czech (GEAC) designed a 

modification (mod) of the engine outlet 

system and issued Alert Service Bulletins 

(ASB) ASB–M601E–72–00–00–0070, ASB– 

M601D–72–00–00–0053, ASB–M601F–72– 

00–00–0036, ASB–M601T–72–00–00–0029, 

ASB–M601Z–72–00–00–0039, ASB–H75–72– 

00–00–0011, ASB–H80–72–00–00–0025 and 

ASB–H85–72–00–00–0007 (single document, 

hereafter referred to as ‘‘the ASB’’ in this 

AD), providing instructions for modification 

of engines in service. 

For the reason described above, this AD 

requires modification of the affected engines, 

and prohibits installation of pre-mod parts. 

You may obtain further information 

by examining the MCAI in the AD 

docket on the internet at http://

www.regulations.gov by searching for 

and locating Docket No. FAA–2017– 

0967. 

Related Service Information Under 1 

CFR Part 51 

We reviewed GE Aviation Czech Alert 

Service Bulletin (ASB) ASB–M601E– 

72–00–00–0070 [02], ASB–M601D–72– 

00–00–0053 [02], ASB–M601F–72–00– 

00–0036 [02], ASB–M601T–72–00–00– 

0029 [02], ASB–M601Z–72–00–00–0039 

[02], ASB–H75–72–00–00–0011 [02], 

ASB–H80–72–00–00–0025 [02], and 

ASB–H85–72–00–00–0007 [02] (single 

document), dated June 12, 2017. The 

ASB describes procedures for removal 

and replacement of the engine outlet 

system hardware. This service 

information is reasonably available 

because the interested parties have 

access to it through their normal course 

of business or by the means identified 

in the ADDRESSES section. 

FAA’s Determination and Requirements 

of This Proposed AD 

This product has been approved by 

the aviation authority of the Czech 

Republic and is approved for operation 

in the United States. Pursuant to our 

bilateral agreement with the European 

Community, EASA has notified us of 

the unsafe condition described in the 

MCAI and service information 

referenced above. We are proposing this 

AD because we evaluated all 

information provided by EASA and 

determined the unsafe condition exists 

and is likely to exist or develop on other 

products of the same type design. This 

proposed AD would require installing a 

modified engine outlet system. 

Costs of Compliance 

We estimate that this proposed AD 

affects 167 engines installed on 

airplanes of U.S. registry. 

We estimate the following costs to 

comply with this proposed AD: 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. ‘‘Subtitle VII: 

Aviation Programs,’’ describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in ‘‘Subtitle VII, 

Part A, Subpart III, Section 44701: 

General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

This AD is issued in accordance with 

authority delegated by the Executive 

Director, Aircraft Certification Service, 

as authorized by FAA Order 8000.51C. 

In accordance with that order, issuance 

of ADs is normally a function of the 

Compliance and Airworthiness 

Division, but during this transition 

period, the Executive Director has 

delegated the authority to issue ADs 

applicable to engines, propellers, and 

associated appliances to the Manager, 

Engine and Propeller Standards Branch, 

Policy and Innovation Division. 

Regulatory Findings 

We determined that this proposed AD 

would not have federalism implications 

under Executive Order 13132. This 

proposed AD would not have a 

substantial direct effect on the States, on 

the relationship between the national 

Government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify this proposed regulation: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 


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Federal Register / Vol. 83, No. 16 / Wednesday, January 24, 2018 / Proposed Rules 3289 

(2) Is not a ‘‘significant rule’’ under 

the DOT Regulatory Policies and 

Procedures (44 FR 11034, February 26, 

1979), 

(3) Will not affect intrastate aviation 

in Alaska, and 

(4) Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 14 CFR part 

39 as follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive (AD): 

GE Aviation Czech s.r.o. (Type Certificate 

previously held by WALTER Engines 

a.s., Walter a.s., and MOTORLET a.s.): 

Docket No. FAA–2017–0967; Product 

Identifier 2017–NE–35–AD. 

(a) Comments Due Date 

We must receive comments by March 12, 

2018. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to GE Aviation Czech 

s.r.o. M601D–11, M601E–11, M601E–11A, 

M601E–11AS, M601E–11S, M601F, H75– 

100, H75–200, H80, H80–100, H80–200, 

H85–100, and H85–200 turboprop engines. 

(d) Subject 

Joint Aircraft System Component (JASC) 

Code 7810, Engine Collector/Tailpipe/ 

Nozzle. 

(e) Reason 

This AD was prompted by a review by the 

manufacturer that identified the possibility of 

a power turbine (PT) overspeed and the 

uncontained release of PT blades. We are 

issuing this AD to prevent uncontained 

release of the PT blades. The unsafe 

condition, if not addressed, could result in 

failure of the PT blades, uncontained release 

of the blades, damage to the engine, and 

damage to the airplane. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Required Actions 

(1) After the effective date of this AD, 

replace the parts listed in Tables 2, 3, 4, and 

5 to paragraph (g) of this AD with the parts 

identified in Planning Information, Paragraph 

1.5, Sections I through IV, respectively, in GE 

Aviation Czech Alert Service Bulletin (ASB) 

ASB–M601E–72–00–00–0070 [02], ASB– 

M601D–72–00–00–0053 [02], ASB–M601F– 

72–00–00–0036 [02], ASB–M601T–72–00– 

00–0029 [02], ASB–M601Z–72–00–00–0039 

[02], ASB–H75–72–00–00–0011 [02], ASB– 

H80–72–00–00–0025 [02], and ASB–H85–72– 

00–00–0007 [02] (single document), dated 

June 12, 2017, at the times specified below, 

whichever occurs first: 

(i) During the next engine shop visit; or 

(ii) within 6,600 engine equivalent cycles 

since new or since last overhaul; or 

(iii) within the compliance times specified 

in Table 1 to paragraph (g) of this AD. 

BILLING CODE 4910–13–P 


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3290 Federal Register / Vol. 83, No. 16 / Wednesday, January 24, 2018 / Proposed Rules 

BILLING CODE 4910–13–C 

(h) Installation Prohibition 

(1) Do not install a part with a P/N listed 

in Tables 2, 3, 4, or 5 to paragraph (g) of this 

AD on an engine after that engine has been 

modified as required by paragraph (g) of this 

AD. 

(2) After the effective date of this AD, do 

not install a part with a P/N listed in Tables 

2, 3, 4, or 5 to paragraph (g) of this AD on 

any engine manufactured on or after 

September 1, 2017. 

(i) Definition 

For the purpose of this AD, an engine shop 

visit is when the engine is overhauled or 

rebuilt, or the PT is disassembled. 


daltland on DSKBBV9HB2PROD with PROPOSALSEP24JA18.001</GPH>

Table 1 to Paragraph (g)- Compliance Times 

Date of Engine Date of Release to Service after Compliance 

Manufacture last Shop Visit Time 

December 31, 2008 5 years or before 

January 1, 2009 or 

Never subjected to engine shop visit 

later 10 years 

any February 9, 2014 or before 5 years 

any February 10, 2014 or later 10 years 

Table 2 to Paragraph (g)- Exhaust Systems M601-4.2, M601-4.5, M601-4.51, 

M601-4.52, M601-4.61, and M601-4.62 

Engine models Part Name Part Number (PIN) 

M601E-ll, Containment Ring M601-426.5 

M601E-11A, Insulation Cover M601-422.3, M601-422.2 

M601E-11AS, Supporting Cone M601-457.7, M601-457.3 

M601E-11S,M601F, 

H75-100, H75-200, 

H80, H80-1 00, H80- Support M601-4512.5 

200,H85-100, and 

H85-200 

Table 3 to Paragraph (g)- Exhaust System M601-4.1, M601-4.6, and M601-4.7 

Engine models Part Name PIN 

M601D-ll, Containment Ring M601-426.5 

M601E-ll, Insulation Cover M601-422.3, M601-422.2 

M601E-11A, Support M601-4512.5 

M601E-11AS, Supporting Cone M601-457.7, M601-457.3 

M601E-11S Outlet Duct M601-416.6 

Table 4 to Paragraph (g)- Countershaft Case Complete (Reduction Gearbox 

Subassembly) M601-62.2, M601-62.7, M601-60.3 

Engine models Part Name PIN 

Bolt M601-6170.9 

All 

Ring M601-6014.9 

Table 5- Torquemeter (Reduction Gearbox Subassembly) M601-673.6, 

M601-667.7, M601-605.3 

Engine models Part Name PIN 

All Torquemeter Holder M601-643.9 
Federal Register / Vol. 83, No. 16 / Wednesday, January 24, 2018 / Proposed Rules 3291 

(j) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, ECO Branch, FAA, has 

the authority to approve AMOCs for this AD, 

if requested using the procedures found in 14 

CFR 39.19. In accordance with 14 CFR 39.19, 

send your request to your principal inspector 

or local Flight Standards District Office, as 

appropriate. If sending information directly 

to the manager of the ECO Branch, send it to 

the attention of the person identified in 

paragraph (k). You may email your request 

to: ANE-AD-AMOC@faa.gov. 

(2) Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the local flight standards district office/ 

certificate holding district office. 

(k) Related Information 

(1) For more information about this AD, 

contact Robert Green, Aerospace Engineer, 

ECO Branch, FAA, 1200 District Avenue, 

Burlington, MA 01803; phone: 781–238– 

7754; fax: 781–238–7199; email: 

robert.green@faa.gov. 

(2) Refer to MCAI European Aviation 

Safety Agency AD 2017–0151, dated August 

18, 2017, for more information. You may 

examine the MCAI in the AD docket on the 

internet at http://www.regulations.gov by 

searching for and locating it in Docket No. 

FAA–2017–0967. 

(3) For service information identified in 

this AD, contact GE Aviation Czech s.r.o., 

Beranovy ́ch 65, 199 02 Praha 9—Letnˇ any, 

Czech Republic; phone: +420 222 538 111; 

fax: +420 222 538 222. You may view this 

referenced service information at the FAA, 

Engine & Propeller Standards Branch, 1200 

District Avenue, Burlington, MA. For 

information on the availability of this 

material at the FAA, call 781–238–7759. 

Issued in Burlington, Massachusetts, on 

January 17, 2018. 

Robert J. Ganley, 

Manager, Engine and Propeller Standards 

Branch, Aircraft Certification Service. 

[FR Doc. 2018–01124 Filed 1–23–18; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 171023999–8015–01] 

RIN 0648–BH31 

Magnuson-Stevens Act Provisions; 

Fisheries Off West Coast States; 

Pacific Coast Groundfish Fishery; 2018 

Tribal Fishery for Pacific Whiting 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS issues this proposed 

rule for the 2018 Pacific whiting fishery 

under the authority of the Pacific Coast 

Groundfish Fishery Management Plan 

(FMP), the Magnuson Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act), and the Pacific 

Whiting Act of 2006. This proposed rule 

would allocate 17.5 percent of the U.S. 

Total Allowable Catch (TAC) of Pacific 

whiting for 2018 to Pacific Coast Indian 

tribes that have a Treaty right to harvest 

groundfish. 

DATES: Comments on this proposed rule 

must be received no later than February 

23, 2018. 

ADDRESSES: You may submit comments 

on this document, identified by NOAA– 

NMFS–2017–0160, by any of the 

following methods: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal eRulemaking Portal. Go to 

www.regulations.gov/ 

#!docketDetail;D=NOAA-NMFS-2017- 

0160, click the ‘‘Comment Now!’’ icon, 

complete the required fields, and enter 

or attach your comments. 

• Mail: Barry A. Thom., Regional 

Administrator, West Coast Region, 

NMFS, 7600 Sand Point Way NE, 

Seattle, WA 98115–0070, Attn: Frank 

Lockhart. 

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 part of the public record 

and will generally be posted for public 

viewing on www.regulations.gov 

without change. All personal identifying 

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

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender will 

be publicly accessible. NMFS will 

accept anonymous comments (enter ‘‘N/ 

A’’ in the required fields if you wish to 

remain anonymous). 

Additional background information 

and documents are available at the 

NMFS West Coast Region website at 

http://www.westcoast.

fisheries.noaa.gov/fisheries/ 

management/whiting/pacific_

whiting.html and at the Pacific Fishery 

Management Council’s website at http:// 

www.pcouncil.org/. Comments from the 

public may be viewed on 

Regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Frank Lockhart, phone: 206–526–6142, 

and email: Frank.Lockhart@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The regulations at 50 CFR 660.50(d) 

outline the procedures for implementing 

the treaty rights that Pacific Coast treaty 

Indian tribes have to harvest groundfish 

in their usual and accustomed fishing 

areas in U.S. waters. Section 660.50(d) 

establishes the process by which the 

tribes with treaty fishing rights in the 

area covered by the FMP request 

allocations, set-asides, or regulations 

specific to the tribes, in writing, during 

the biennial harvest specifications and 

management measures process. The 

regulations state that the Secretary will 

develop tribal allocations and 

regulations in consultation with the 

affected tribe(s) and, insofar as possible, 

with tribal consensus. The procedures 

NMFS employs in implementing tribal 

treaty rights under the FMP were 

designed to provide a framework 

process by which NMFS can 

accommodate tribal treaty rights by 

setting aside appropriate amounts of 

fish in conjunction with the Pacific 

Fishery Management Council process 

for determining harvest specifications 

and management measures. 

Since the FMP has been in place, 

NMFS has been allocating a portion of 

the U.S. TAC (called Optimum Yield 

(OY) or Annual Catch Limit (ACL) prior 

to 2012) of Pacific whiting to the tribal 

fishery, following the process 

established in 50 CFR 660.50(d). The 

tribal allocation is subtracted from the 

U.S. Pacific whiting TAC before 

allocation to the non-tribal sectors. 

There are four tribes that can 

participate in the tribal Pacific whiting 

fishery: The Hoh Tribe, the Makah 

Tribe, the Quileute Tribe and the 

Quinault Indian Nation (collectively, 

the ‘‘Treaty Tribes’’). The Hoh Tribe has 

not expressed an interest in 

participating to date. The Quileute Tribe 

and Quinault Indian Nation have 

expressed interest in commencing 

participation in the Pacific whiting 

fishery. However, to date, only the 

Makah Tribe has prosecuted a tribal 

fishery for Pacific whiting. They have 

harvested Pacific whiting since 1996 

using midwater trawl gear. Tribal 

allocations have been based on 

discussions with the Tribes regarding 

their intent for those fishing years. Table 

1 below provides a history of U.S. TACs 

and annual tribal allocation in metric 

tons (mt). 


daltland on DSKBBV9HB2PROD with PROPOSALS