Federal Register / Vol. 60, No. 1 / Tuesday, January 3, 1995 / Proposed Rules 69

Authority: 49 U.S.C. App. 1354(a), 1421

and 1423; 49 U.S.C. 106(g); and 14 CFR

11.89.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding the following new airworthiness

directive:

BOEING: Docket 94–NM–208–AD.

Applicability: Model 747 series airplanes,

equipped with General Electric Model CF6–

45 or –50 series engines, or Pratt & Whitney

Model JT9D–70 series engines; certificated in

any category.

Note 1: This AD applies to each airplane

identified in the preceding applicability

provision, regardless of whether it has been

modified, altered, or repaired in the area

subject to the requirements of this AD. For

airplanes that have been modified, altered, or

repaired so that the performance of the

requirements of this AD is affected, the

owner/operator must use the authority

provided in paragraph (d) to request approval

from the FAA. This approval may address

either no action, if the current configuration

eliminates the unsafe condition; or different

actions necessary to address the unsafe

condition described in this AD. Such a

request should include an assessment of the

effect of the changed configuration on the

unsafe condition addressed by this AD. In no

case does the presence of any modification,

alteration, or repair remove any airplane from

the applicability of this AD.

Compliance: Required as indicated, unless

accomplished previously.

To prevent failure of the strut and

subsequent loss of the engine, accomplish the

following:

(a) Accomplish the modification of the

nacelle strut and wing structure in

accordance with Boeing Alert Service

Bulletin 747–54A2158, dated November 30,

1994, within 56 months after the effective

date of this AD. All of the terminating actions

described in the service bulletins listed in

paragraph I.C., Table 2, ‘‘Prior or Concurrent

Service Bulletins,’’ on page 7 of Boeing Alert

Service Bulletin 747–54A2158, dated

November 30, 1994, must be accomplished in

accordance with those service bulletins prior

to, or concurrently with, the accomplishment

of the modification of the nacelle strut and

wing structure required by this paragraph.

(b) Perform the inspections and checks

specified in paragraph III, NOTES 8, 9, 10,

and 11 of the Accomplishment Instructions

on page 129 of Boeing Alert Service Bulletin

747–54A2158, dated November 30, 1994,

concurrently with the modification of the

nacelle strut and wing structure required by

paragraph (a) of this AD. Prior to further

flight, correct any discrepancies found in

accordance with the alert service bulletin.

(c) Accomplishment of the modification of

the nacelle strut and wing structure in

accordance with Boeing Alert Service

Bulletin 747–54A2158, dated November 30,

1994, constitutes terminating action for the

inspections required by the following AD’s:

AD No. Amendment

No.

Federal Register citation–Date of Publication

94–22–08 ....................................................................................................................................... 39–9057 59 FR 58761 Nov. 15, 1994.

93–17–07 ....................................................................................................................................... 39–8678 58 FR 45827 Aug. 31, 1993.

93–03–14 ....................................................................................................................................... 39–8518 58 FR 14513 Mar. 18, 1993.

92–24–51 ....................................................................................................................................... 39–8439 57 FR 60118 Dec. 18, 1992.

90–20–20 ....................................................................................................................................... 39–6725 55 FR 37859 Sept. 14, 1990.

89–07–15 ....................................................................................................................................... 39–6167 54 FR 11693 Mar. 22, 1989.

87–04–13 R1 ................................................................................................................................. 39–5836 53 FR 2005 .. Jan. 26, 1988.

86–23–01 ....................................................................................................................................... 39–5450 51 FR 37712 Oct. 24, 1986.

86–08–03 ....................................................................................................................................... 39–5289 51 FR 12836 Apr. 16, 1986.

86–07–06 ....................................................................................................................................... 39–5270 51 FR 10821 Mar. 31, 1986.

86–05–11 R1– ............................................................................................................................... 39–5334 51 FR

21900–.

Jun. 17, 1986.

80–08–02 ....................................................................................................................................... 39–3738 45 FR 24450 Apr. 10, 1980.

79–17–07 ....................................................................................................................................... 39–3533 44 FR 50033 Aug. 27, 1979.

(d) An alternative method of compliance or

adjustment of the compliance time that

provides an acceptable level of safety may be

used if approved by the Manager, Seattle

Aircraft Certification Office (ACO), FAA,

Transport Airplane Directorate. Operators

shall submit their requests through an

appropriate FAA Principal Maintenance

Inspector, who may add comments and then

send it to the Manager, Seattle ACO.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Seattle ACO.

(e) Special flight permits may be issued in

accordance with sections 21.197 and 21.199

of the Federal Aviation Regulations (14 CFR

21.197 and 21.199) to operate the airplane to

a location where the requirements of this AD

can be accomplished.

Issued in Renton, Washington, on

December 27, 1994.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 94–32264 Filed 12–30–94; 8:45 am]

BILLING CODE 4310–13–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

Endangered and Threatened Wildlife

and Plants; Reopening of Public

Comment Period on Proposed

Endangered Status for the San Diego

Fairy Shrimp

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Proposed rule; notice of

reopening of comment period.

SUMMARY: The U.S. Fish and Wildlife

Service (Service) announces that the

comment period on the proposed rule to

list the San Diego fairy shrimp

(Branchinecta sandiegoensis) as

endangered is reopened through March

6, 1995. The Service has reopened the

comment period to allow all interested

parties to submit additional written

comments on the proposal.

DATES: The public comment period,

which was extended to October 31,

1994, is reopened and closes on March

6, 1995. Comments from all interested

parties must be received by March 6,

1995.

ADDRESSES: Written comments and

materials may be submitted directly to

the Field Supervisor, U.S. Fish and

Wildlife Service, 2730 Loker Avenue

West, Carlsbad, California 92008.

Comments and materials received will

be available for public inspection during

business hours by appointment, at the

above address.

FOR FURTHER INFORMATION CONTACT:

Field Supervisor, at the address listed

above (telephone 619/431–9440).

SUPPLEMENTARY INFORMATION:

Background

On August 4, 1994, the Service

published a proposed rule in the

Federal Register to list the San Diego

fairy shrimp (Branchinecta

sandiegoensis) as endangered (59 FR

39874). A public hearing was scheduled

on October 19, 1994, to accept public

input on the proposed endangered

status. The comment period was

extended to October 31, 1994, to
70 Federal Register / Vol. 60, No. 1 / Tuesday, January 3, 1995 / Proposed Rules

accommodate the public hearing. In

response to the new information

received on the distribution of the taxon

and public requests, the Service reopens

the public comment period.

The San Diego fairy shrimp a member

of the Branchinectidae, a freshwater

crustacean family in the Order

Anostraca (fairy shrimp). It is a small

and delicate animal with large stalked

compound eyes, no carapace, and 11

pairs of swimming legs. The San Diego

fairy shrimp is restricted to vernal pools

in San Diego County from San Marcos

and Ramona south to Otay Mesa and at

Valle de Palmas in northwestern Baja

California, Mexico. This species is

threatened by one or more of the

following factors: grazing, habitat

destruction and fragmentation from

agricultural and urban development,

alteration of wetlands, recreational

activities, human disturbances, and the

inadequacy of existing regulatory

mechanisms.

The Service reopens the comment

period to allow all interested parties to

submit additional written comments on

the proposal. All comments received on

the San Diego fairy shrimp will be

summarized in the final decision

document and will be included in the

administrative record of the final

decision.

Authority

The authority for this action is the

Endangered Species Act of 1973, as

amended (16 U.S.C. 1531 et seq.)

List of Subjects in 50 CFR Part 17

Endangered and threatened species,

Exports, Imports, Reporting and

recordkeeping requirements,

Transportation.

Dated: December 20, 1994.

Thomas Dwyer,

Acting Regional Director, Region 1, U.S. Fish

and Wildlife Service.

[FR Doc. 94–32260 Filed 12–30–94; 8:45 am]

BILLING CODE 4310–55–M

50 CFR Part 18

RIN 1018–AD04

Importation of Polar Bear Trophies

From Canada; Proposed Rule to

Implement Section 104(c)(5)(A) of the

1994 Amendments to the Marine

Mammal Protection Act

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Proposed rule.

SUMMARY: On April 30, 1994, the Marine

Mammal Protection Act (Act) was

amended to allow for the issuance of

permits to import sport-hunted trophies

of polar bears (Ursus maritimus)

(excluding internal organs) legally taken

by the applicant while hunting in

Canada. These permits may also

authorize the importation of trophies of

polar bears taken, but not imported,

prior to the enactment of the

Amendments. Prior to issuing a permit,

the Fish and Wildlife Service (Service)

must make legal and scientific findings

required under section 104(c)(5)(A) of

the Act in consultation with the Marine

Mammal Commission and after notice

and opportunity for public comment.

This proposed rule would establish

application requirements, permit

procedures, issuance criteria and permit

conditions. This notice also proposes a

special issuance fee for each permit as

required by law. Such fees will be used

in developing and implementing

cooperative research and management

programs for the conservation of polar

bears in Alaska and Russia.

This proposed rule does not discuss

the legal and scientific findings required

by the 1994 Amendments that need to

be made prior to issuing an import

permit. The Service is currently working

with the Canadian wildlife authorities

to obtain the needed information to

make these findings. A separate Federal

Register notice will be published in

early 1995 to review the findings.

DATES: The Service will consider

comments and information received by

March 6, 1995 in formulating its

decision on this proposed rule.

ADDRESSES: Comments and information

should be sent to: Director, Fish and

Wildlife Service, c/o Office of

Management Authority, 4401 N. Fairfax

Drive, Room 420C, Arlington, VA

22203.

FOR FURTHER INFORMATION CONTACT:

Margaret Tieger, Office of Management

Authority, at the above address,

telephone (703) 358–2104, extension

5507.

SUPPLEMENTARY INFORMATION: This rule

proposes regulations implementing

provisions of the 1994 Amendments to

the Act that allow for the issuance of

permits to import sport-hunted trophies

of polar bears legally taken by the

applicant while hunting in Canada. At

this time, Canada is the only country

that allows polar bears to be harvested

by non-residents through a regulated

sport-hunting program. These

amendments were signed into law on

April 30, 1994. Prior to that time, those

seeking authority to import polar bear

trophies from Canada were required to

first obtain a waiver of the Act’s

moratorium on importing marine

mammals.

The 1994 Amendments include a

streamlined procedure for authorizing

the importation of these sport-hunted

trophies by permit. This proposed rule

would establish the application

requirements, permit procedures,

issuance criteria, permit conditions and

issuance fee for this type of permit. The

notice discusses each paragraph of the

proposed rule in the section below

titled, ‘‘Section Analysis by Paragraph’’.

Prior to issuing a permit for the

importation of a polar bear trophy, the

Service must make findings consistent

with section 104(c)(5)(A) of the Act, in

consultation with the Marine Mammal

Commission, after publishing notice in

the Federal Register for public

comment. These findings are to ensure

that the trophy was legally taken; that

Canada has a monitored and enforced

hunting program that is consistent with

the 1973 International Agreement on the

Conservation of Polar Bears and is based

on scientifically sound quotas ensuring

the maintenance of the affected

population stock at a sustainable level;

and that the export and subsequent

import meet the requirements of the

Convention on International Trade in

Endangered Species of Wild Fauna and

Flora (CITES) and other international

agreements and conventions and are not

likely to contribute to illegal trade in

bear parts.

This proposed rule does not discuss

the legal and scientific findings required

by the 1994 Amendments that need to

be made prior to issuing an import

permit as the Service does not presently

have all the information it needs to

make such findings. A group of

biologists from the Service and the

National Biological Survey are

consulting with the Canadian wildlife

authorities in December 1994 to gather

information and discuss Canada’s

program. The Service will also be

addressing several questions that have

been raised. A contract report prepared

for the Marine Mammal Commission in

1993 has raised questions about

Canada’s sport-hunting program and its

consistency with the 1973 International

Agreement on the Conservation of Polar

Bears. In addition, the 1994

Amendments require the Service to

determine whether for a particular

population stock, Canada manages its

hunting program through scientificallybased quotas that ensure the

maintenance of a sustainable

population. Canada manages polar bears

at the subpopulation level, that appears

to be consistent with this amendment

and the discussion in the legislative

history on Canada’s management

program in the Northwest Territories

(140 Cong. Rec. H2725, April 26, 1994).