This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

36516 

Vol. 86, No. 130 

Monday, July 12, 2021 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2021–0559; Project 

Identifier MCAI–2021–00079–R] 

RIN 2120–AA64 

Airworthiness Directives; Airbus 

Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to 

supersede airworthiness directive (AD) 

2020–24–03 which applies to certain 

Airbus Helicopters Model AS350B, 

AS350BA, AS350B1, AS350B2, 

AS350D, AS355E, AS355F, AS355F1, 

and AS355F2 helicopters. AD 2020–24– 

03 requires testing the UP/DOWN 

switches of a certain part-numbered 

DUNLOP cyclic stick grip, installing a 

placard, and revising the existing 

Rotorcraft Flight Manual (RFM) for your 

helicopter, or removing the DUNLOP 

cyclic stick grip. Since the FAA issued 

AD 2020–24–03, Airbus Helicopters 

developed a modification procedure for 

the electrical wiring of the hoist control 

of the DUNLOP cyclic stick grip. This 

proposed AD would retain some 

requirements of AD 2020–24–03 and 

would also require incorporating the 

new modification, and removing the 

placard and the RFM amendment 

installed previously as required by AD 

2020–24–03. The proposed additional 

actions would be required as specified 

in a European Union Aviation Safety 

Agency (EASA) AD, which is proposed 

for incorporation by reference (IBR). The 

FAA is proposing this AD to address the 

unsafe condition on these products. 

DATES: The FAA must receive comments 

on this proposed AD by August 26, 

2021. 

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 

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

instructions for submitting comments. 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, 

M–30, West Building Ground Floor, 

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. 

For material that is proposed for IBR 

in this AD, contact the EASA, KonradAdenauer-Ufer 3, 50668 Cologne, 

Germany; telephone +49 221 8999 000; 

email ADs@easa.europa.eu; internet 

www.easa.europa.eu. You may find this 

IBR material on the EASA website at 

https://ad.easa.europa.eu. You may 

view this material at the FAA, Office of 

the Regional Counsel, Southwest 

Region, 10101 Hillwood Pkwy., Room 

6N–321, Fort Worth, TX 76177. For 

information on the availability of this 

material at the FAA, call (817) 222– 

5110. It is also available in the AD 

docket on the internet at https://

www.regulations.gov by searching for 

and locating Docket No. FAA–2021– 

0559. 

Examining the AD Docket 

You may examine the AD docket on 

the internet at https://

www.regulations.gov by searching for 

and locating Docket No. FAA–2021– 

0559; 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 NPRM, any 

comments received, and other 

information. The street address for 

Docket Operations is listed above. 

Comments will be available in the AD 

docket shortly after receipt. 

FOR FURTHER INFORMATION CONTACT: 

Daniel Poblete, Aerospace Engineer, 

Systems & Equipment Section, Los 

Angeles ACO Branch, Compliance & 

Airworthiness Division, 3960 

Paramount Blvd., Lakewood, CA 90712; 

telephone (562) 627–5335; email: 

daniel.d.poblete@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

The FAA invites you to send any 

written relevant data, views, or 

arguments about this proposal. Send 

your comments to an address listed 

under ADDRESSES. Include ‘‘Docket No. 

FAA–2021–0559; Project Identifier 

MCAI–2021–00079–R’’ at the beginning 

of your comments. The most helpful 

comments reference a specific portion of 

the proposal, explain the reason for any 

recommended change, and include 

supporting data. The FAA will consider 

all comments received by the closing 

date and may amend this proposal 

because of those comments. 

Except for Confidential Business 

Information (CBI) as described in the 

following paragraph, and other 

information as described in 14 CFR 

11.35, the FAA will post all comments 

received, without change, to https://

www.regulations.gov, including any 

personal information you provide. The 

agency will also post a report 

summarizing each substantive verbal 

contact received about this proposal. 

Confidential Business Information 

CBI is commercial or financial 

information that is both customarily and 

actually treated as private by its owner. 

Under the Freedom of Information Act 

(FOIA) (5 U.S.C. 552), CBI is exempt 

from public disclosure. If your 

comments responsive to this NPRM 

contain commercial or financial 

information that is customarily treated 

as private, that you actually treat as 

private, and that is relevant or 

responsive to this NPRM, it is important 

that you clearly designate the submitted 

comments as CBI. Please mark each 

page of your submission containing CBI 

as ‘‘PROPIN.’’ The FAA will treat such 

marked submissions as confidential 

under the FOIA, and they will not be 

placed in the public docket of this 

NPRM. Submissions containing CBI 

should be sent to Daniel Poblete, 

Aerospace Engineer, Systems & 

Equipment Section, Los Angeles ACO 

Branch, Compliance & Airworthiness 

Division, 3960 Paramount Blvd., 

Lakewood, CA 90712; telephone (562) 

627–5335; email: daniel.d.poblete@

faa.gov. Any commentary that the FAA 

receives that is not specifically 

designated as CBI will be placed in the 

public docket for this rulemaking. 


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Federal Register / Vol. 86, No. 130 / Monday, July 12, 2021 / Proposed Rules 36517 

Background 

The FAA issued AD 2020–24–03, 

Amendment 39–21333 (85 FR 76955, 

December 1, 2020), (AD 2020–24–03), 

which applies to Airbus Helicopters 

Model AS350B, AS350BA, AS350B1, 

AS350B2, AS350D, AS355E, AS355F, 

AS355F1, and AS355F2 helicopters 

with DUNLOP cyclic stick grip 

manufacturer part number (MP/N) 

AC66444 with UP/DOWN switches for 

rescue hoist control installed. AD 2020– 

24–03 requires accomplishing a ground 

test of the UP/DOWN switches of 

DUNLOP cyclic stick grip for proper 

function before each hoist operation. If 

there is any uncommanded hoist action, 

AD 2020–24–03 requires removing the 

DUNLOP cyclic stick grip from service. 

If DUNLOP cyclic stick grip MP/N 

AC66444 is installed, before the next 

operation, AD 2020–24–03 also requires 

installing a placard and revising the 

existing RFM for your helicopter to 

prohibit the use of the UP/DOWN 

switches of the DUNLOP cyclic stick 

grip. Alternatively, AD 2020–24–03 

allows removing DUNLOP cyclic stick 

grip MP/N AC66444, however before the 

DUNLOP cyclic stick grip is re-installed, 

AD 2020–24–03 requires accomplishing 

a ground test of the UP/DOWN switches 

and installing the placard and revising 

the existing RFM for your helicopter. 

AD 2020–24–03 also prohibits installing 

an affected DUNLOP cyclic stick grip 

unless the ground testing of the UP/ 

DOWN switches has been 

accomplished, the placard has been 

installed, and the existing RFM for your 

helicopter has been revised. The FAA 

issued AD 2020–24–03 to prevent an 

inadvertent activation of the rescue 

hoist cable cutter and consequent 

detachment of an external load or 

person from the helicopter hoist. This 

unsafe condition could result in 

personal injury or injury to persons on 

the ground. 

Actions Since AD 2020–24–03 Was 

Issued 

Since the FAA issued AD 2020–24– 

03, Airbus Helicopters developed a 

modification (MOD) MC20096 and 

issued service information that provides 

instructions for modifying the electrical 

wiring of the hoist control on DUNLOP 

cyclic stick grips. 

EASA, which is the Technical Agent 

for the Member States of the European 

Union, has issued EASA AD 2021–0023, 

dated January 19, 2021 (EASA AD 

2021–0023) to correct an unsafe 

condition for Airbus Helicopters Model 

AS 350 and AS 355 helicopters. 

This proposed AD was prompted by 

Airbus Helicopters developing MOD 

MC20096 and Airbus Helicopters 

issuing service information for 

performing this modification on the 

DUNLOP cyclic stick. The FAA is 

proposing this AD to address 

inadvertent activation of the rescue 

hoist cable cutter function and 

consequent detachment of an external 

load or person from the helicopter hoist, 

possibly resulting in personal injury, or 

injury to persons on the ground. See 

EASA AD 2021–0023 for additional 

background information. 

Related Service Information Under 1 

CFR Part 51 

EASA AD 2021–0023 specifies 

procedures for installing the placard 

and revising the Flight Manual to 

prohibit the use of the UP/DOWN 

switches of the DUNLOP cyclic stick 

MP/N AC66444. EASA AD 2021–0023 

also specifies procedures for modifying 

the electrical wiring of the DUNLOP 

cyclic stick and removing both the 

placard and RFM amendment 

previously installed. 

This material 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 

These helicopters have been approved 

by the aviation authority of another 

country, and are approved for operation 

in the United States. Pursuant to the 

bilateral agreement with the State of 

Design Authority, the FAA has been 

notified of the unsafe condition 

described in the EASA AD referenced 

above. The FAA is proposing this AD 

after evaluating all the relevant 

information and determining the unsafe 

condition described previously is likely 

to exist or develop in other products of 

these same type designs. 

Explanation of Retained Requirements 

Although this proposed AD does not 

explicitly restate the requirements of AD 

2020–24–03, this proposed AD would 

retain certain requirements of AD 2020– 

24–03. Those requirements are 

referenced in EASA AD 2021–0023, 

which, in turn, is referenced in 

paragraph (g) of this proposed AD. 

Proposed AD Requirements 

This proposed AD would require 

accomplishing the actions specified in 

EASA AD 2021–0023 described 

previously, as incorporated by 

reference, except for any differences 

identified as exceptions in the 

regulatory text of this proposed AD and 

except as discussed under ‘‘Differences 

Between this Proposed AD and EASA 

AD 2021–0023.’’ 

Explanation of Required Compliance 

Information 

In the FAA’s ongoing efforts to 

improve the efficiency of the AD 

process, the FAA developed a process to 

use certain civil aviation authority 

(CAA) ADs as the primary source of 

information for compliance with 

requirements for corresponding FAA 

ADs. The FAA has been coordinating 

this process with manufacturers and 

CAAs. As a result, EASA AD 2021–0023 

will be incorporated by reference in the 

FAA final rule. This proposed AD 

would, therefore, require compliance 

with EASA AD 2021–0023 in its 

entirety, through that incorporation, 

except for any differences identified as 

exceptions in the regulatory text of this 

proposed AD. Using common terms that 

are the same as the heading of a 

particular section in EASA AD 2021– 

0023 does not mean that operators need 

comply only with that section. For 

example, where the AD requirement 

refers to ‘‘all required actions and 

compliance times,’’ compliance with 

this AD requirement is not limited to 

the section titled ‘‘Required Action(s) 

and Compliance Time(s)’’ in EASA AD 

2021–0023. Service information 

specified in EASA AD 2021–0023 that is 

required for compliance with it will be 

available at https://www.regulations.gov 

by searching for and locating Docket No. 

FAA–2021–0559 after the FAA final 

rule is published. 

Differences Between This Proposed AD 

and EASA AD 2021–0023 

For helicopters with DUNLOP cyclic 

stick grip MP/N AC66444 with UP/ 

DOWN switches for rescue hoist control 

installed, this proposed AD would 

require accomplishing a ground test of 

the UP/DOWN switches for proper 

function before each hoist operation, 

whereas the EASA AD does not. Where 

EASA AD 2021–0023 refers to its 

effective date or the effective date of 

EASA Emergency AD 2020–0217–E, 

dated October 8, 2020, this proposed AD 

would require using the effective date of 

this AD. Where the service information 

referenced in EASA AD 2021–0023 

specifies ‘‘work must be performed on 

the helicopter by the operator,’’ this 

proposed AD would require that the 

work be accomplished by a mechanic 

that meets the requirements of 14 CFR 

part 65 subpart D. Where the service 

information referenced in EASA AD 

2021–0023 specifies to discard certain 

placards and Flight Manual pages (that 

were required by EASA AD 2020–0217– 

E), this proposed AD would require 


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36518 Federal Register / Vol. 86, No. 130 / Monday, July 12, 2021 / Proposed Rules 

removing them instead. EASA AD 

2021–0023 requires operators to ‘‘inform 

all flight crews’’ and thereafter to 

‘‘operate the helicopter accordingly.’’ 

However, this proposed AD would not 

require those actions. Where paragraph 

(4) of EASA AD 2020–0023 allows 

modifying a Group 2 helicopter into a 

Group 1 helicopter, this proposed AD 

would also require accomplishing the 

requirements of paragraph (g)(1) of this 

AD. Finally, the service information 

referenced in EASA AD 2021–0023 

requires reporting certain information, 

whereas this proposed AD would not. 

Costs of Compliance 

The FAA estimates that this proposed 

AD would affect 390 helicopters of U.S. 

Registry. The FAA estimates that 

operators may incur the following costs 

in order to comply with this proposed 

AD. Labor costs are estimated at $85 per 

work-hour. 

Accomplishing a ground test of the 

UP/DOWN switches for proper function 

takes a minimal amount of time for a 

nominal cost. Replacing a DUNLOP 

cyclic stick grip, if required, takes about 

2.5 work-hours and parts cost about 

$2,500 for an estimated cost of $2,713. 

Installing the placard and revising the 

existing RFM for your helicopter would 

take about 0.5 work-hour for an 

estimated cost of $43 per helicopter and 

$16,770 for the U.S. fleet. 

Modifying the electrical wiring of the 

DUNLOP cyclic stick would take up to 

4 work-hours and parts would cost 

$2,147 for an estimated cost of up to 

$2,487 per helicopter and $969,930 for 

the U.S. fleet. Removing the placard and 

revising the existing RFM for your 

helicopter would take about 0.5 workhour for an estimated cost of $43 per 

helicopter and $16,770 for the U.S. fleet. 

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. 

The FAA is 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. 

Regulatory Findings 

The FAA 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, 

(2) Would not affect intrastate 

aviation in Alaska, and 

(3) Would 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: 

■ a. Removing Airworthiness Directive 

(AD) 2020–24–03, Amendment 39– 

21333 (85 FR 76955, December 1, 2020); 

and 

■ b. Adding the following new AD: 

Airbus Helicopters: Docket No. FAA–2021– 

0559; Project Identifier MCAI–2021– 

00079–R. 

(a) Comments Due Date 

The FAA must receive comments on this 

airworthiness directive (AD) by August 26, 

2021. 

(b) Affected ADs 

This AD replaces AD 2020–24–03, 

Amendment 39–21333 (85 FR 76955, 

December 1, 2020) (AD 2020–24–03). 

(c) Applicability 

This AD applies to Airbus Helicopters 

Model AS350B, AS350BA, AS350B1, 

AS350B2, AS350D, AS355E, AS355F, 

AS355F1, and AS355F2 helicopters, 

certificated in any category, as identified in 

European Union Aviation Safety Agency 

(EASA) AD 2021–0023, dated January 19, 

2021 (EASA AD 2021–0023). 

(d) Subject 

Joint Aircraft System Component (JASC) 

Code 2500, Cabin Equipment/Furnishings. 

(e) Unsafe Condition 

This AD was prompted by the 

development of a modification of the 

electrical wiring of the hoist control on the 

DUNLOP cyclic stick grip. The FAA is 

issuing this AD to prevent inadvertent 

activation of the rescue hoist cable cutter and 

consequent detachment of an external load or 

person from the helicopter hoist. This 

condition could result in personal injury or 

injury to persons on the ground. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Requirements 

(1) For helicopters with DUNLOP cyclic 

stick grip manufacturer part number 

AC66444 with UP/DOWN switches for rescue 

hoist control installed, before each hoist 

operation after December 16, 2020 (the 

effective date of AD 2020–24–03), 

accomplish a ground test of the UP/DOWN 

switches for proper function. If there is any 

uncommanded hoist action, before further 

flight, remove the DUNLOP cyclic stick grip 

from service. Accomplishing the 

modification in paragraph (2) of EASA AD 

2021–0023 constitutes terminating action for 

the requirements of this paragraph. 

(2) Except as specified in paragraph (h) of 

this AD: Comply with all required actions 

and compliance times specified in, and in 

accordance with, EASA AD 2021–0023. 

(h) Exceptions to EASA AD 2021–0023 

(1) Where EASA AD 2021–0023 refers to 

October 8, 2020 (the effective date of EASA 

Emergency AD 2020–0217–E, dated October 

6, 2020 (EASA AD 2020–0217–E)), this AD 

requires using the effective date of this AD. 

(2) Where the service information 

referenced in paragraph (1) of EASA AD 

2020–0023 specifies that the ‘‘work must be 

performed on the helicopter by the operator,’’ 

this AD requires that the work be 

accomplished by a mechanic that meets the 

requirements of 14 CFR part 65 subpart D. 

(3) Where EASA AD 2021–0023 refers to its 

effective date, this AD requires using the 

effective date of this AD. 

(4) Where EASA AD 2021–0023 refers to 

flight hours (FH), this AD requires using 

hours time-in-service. 

(5) Where the service information 

referenced in EASA AD 2021–0023 specifies 

to discard certain placards and Flight Manual 

pages (that were required by EASA AD 2020– 

0217–E), this AD requires removing them. 

(6) Where paragraph (3) of EASA AD 2021– 

0023 specifies to ‘‘inform all flight crews and, 

thereafter, operate the helicopter 

accordingly,’’ this AD does not require those 

actions. 

(7) Where paragraph (4) of EASA AD 2020– 

0023 allows modifying a Group 2 helicopter 

into a Group 1 helicopter, this AD also 


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Federal Register / Vol. 86, No. 130 / Monday, July 12, 2021 / Proposed Rules 36519 

requires accomplishing the requirements of 

paragraph (g)(1) of this AD. 

(8) The ‘‘Remarks’’ section of EASA AD 

2021–0023 does not apply to this AD. 

(i) No Reporting Requirement 

Where the service information referenced 

in EASA AD 2021–0023 specifies to submit 

certain information to the manufacturer, this 

AD does not include that requirement. 

(j) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, International Validation 

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 International Validation 

Branch, send it to the attention of the person 

identified in paragraph (k)(2) of this AD. 

Information may be emailed to: 9-ANMLAACO-AMOC-REQUESTS@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 EASA AD 2021–0023, contact the 

EASA, Konrad-Adenauer-Ufer 3, 50668 

Cologne, Germany; telephone +49 221 8999 

000; email ADs@easa.europa.eu; internet 

www.easa.europa.eu. You may find this 

EASA AD on the EASA website at https://

ad.easa.europa.eu. For Airbus Helicopter 

service information identified in this AD, 

Airbus Helicopters, 2701 N. Forum Drive, 

Grand Prairie, TX 75052; telephone (972) 

641–0000 or (800) 232–0323; fax (972) 641– 

3775; or at https://www.airbus.com/ 

helicopters/services/technical-support.html. 

You may view this material at the FAA, 

Office of the Regional Counsel, Southwest 

Region, 10101 Hillwood Pkwy., Room 6N– 

321, Fort Worth, TX 76177. For information 

on the availability of this material at the 

FAA, call (817) 222–5110. The EASA 

material may be found in the AD docket on 

the internet at https://www.regulations.gov 

by searching for and locating Docket No. 

FAA–2021–0559. 

(2) For more information about this AD, 

contact Daniel Poblete, Aerospace Engineer, 

Systems & Equipment Section, Los Angeles 

ACO Branch, Compliance & Airworthiness 

Division, 3960 Paramount Blvd., Lakewood, 

CA 90712; telephone (562) 627–5335; email 

daniel.d.poblete@faa.gov. 

Issued on July 2, 2021. 

Gaetano A. Sciortino, 

Deputy Director for Strategic Initiatives, 

Compliance & Airworthiness Division, 

Aircraft Certification Service. 

[FR Doc. 2021–14692 Filed 7–9–21; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No.: 210630–0140] 

RIN 0648–BK10 

Fisheries of the Northeastern United 

States; Southern Red Hake Rebuilding 

Plan; Framework Adjustment 62 to the 

Small-Mesh Multispecies Fishery 

Management Plan 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes to approve 

and implement Framework Adjustment 

62 for Whiting, Red Hake, and Offshore 

Hake to the Northeast Multispecies 

Fishery Management Plan. The purpose 

of this action is to establish a 10-year 

rebuilding plan and adjust management 

measures for the overfished southern 

red hake stock. This action is necessary 

to meet the statutory requirements for 

an overfished stock and rebuilding plan 

consistent with the Magnuson-Stevens 

Fishery Conservation and Management 

Act. 

DATES: Comments must be received by 

July 27, 2021. 

ADDRESSES: The New England Fishery 

Management Council has prepared a 

draft environmental assessment (EA) for 

this action that describes the proposed 

measures in Framework Adjustment 62, 

other considered alternatives, and 

analyzes the impacts of the proposed 

measures and alternatives. The Council 

submitted a draft of Framework 62 to 

NMFS that includes the draft EA, a 

description of the Council’s preferred 

alternatives, and the Council’s rationale 

for selecting each alternative. Copies of 

the draft Framework 62, the draft EA, 

and information on the economic 

impacts of this proposed rulemaking are 

available upon request from Thomas A. 

Nies, Executive Director, New England 

Fishery Management Council, 50 Water 

Street, Newburyport, MA 01950 and 

accessible via the internet in documents 

available at: https://www.nefmc.org/ 

library/framework-62. 

You may submit comments on this 

document, identified by NOAA–NMFS– 

2020–0166, by any of the following 

methods: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

https://www.regulations.gov and enter 

NOAA–NMFS–2020–0166 in the Search 

box. Click on the ‘‘Comment’’ icon, 

complete the required fields, and enter 

or attach your comments. 

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 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). 

FOR FURTHER INFORMATION CONTACT: 

Laura Hansen, Fishery Management 

Specialist, 978–281–9225. 

SUPPLEMENTARY INFORMATION: 

Background 

In January 2018, the southern red 

hake stock was declared overfished. To 

meet the Magnuson-Stevens Act 

requirements of an overfished stock, a 

rebuilding plan and associated 

management measure changes are 

necessary to prevent overfishing, ensure 

adequate rebuilding, and help achieve 

optimum yield in the fishery. The New 

England Fishery Management Council 

took final action on this framework at its 

June 2020 meeting and submitted the 

action to us in mid-August 2020. 

Proposed Action 

Framework 62 would establish a 10- 

year rebuilding schedule for southern 

red hake. The proposed rebuilding 

schedule is a range from a minimum 

associated with a similar increase in 

biomass that occurred during 2006– 

2011 to a longer duration that accounts 

for biological characteristics of red hake. 

Southern red hake are fully mature, on 

average, at age 3 and the maximum 

observed age is 10 years in 2011–2019 

survey data. By applying the estimated 

maturation rate and using biomass at 

age as a guide, and making reasonable 

assumptions that fertility (increases by 5 

percent per year after age 3) and egg 

viability (full viability at age 5) increase 

with age, the Whiting Plan Development 

Team estimated that 50 percent of 

lifetime egg production of an unfished 

female occurs at 4.4 years. By definition, 

it would take 50 percent of a female’s 

egg production to exactly replace itself 

and its mate with offspring that would 

spawn a successive generation. It would 


khammond on DSKJM1Z7X2PROD with PROPOSALS