        DEPARTMENT OF THE INTERIOR
        Fish and Wildlife Service
        50 CFR Part 92
        [Docket No. FWS-R7-MB-2017-0087; FXMB12610700000-189-FF07M01000]
        RIN 1018-BC70
        Migratory Bird Subsistence Harvest in Alaska; Harvest Regulations for Migratory Birds in Alaska During the 2018 Season

          AGENCY:
          Fish and Wildlife Service, Interior.

          ACTION:
          Proposed rule.

          SUMMARY:
          The U.S. Fish and Wildlife Service (Service or we) is proposing migratory bird subsistence harvest regulations in Alaska for the 2018 season. These regulations allow for the continuation of customary and traditional subsistence uses of migratory birds in Alaska and prescribe regional information on when and where the harvesting of birds may occur. These regulations were developed under a co-management process involving the Service, the Alaska Department of Fish and Game, and Alaska Native representatives. The rulemaking is necessary because the regulations governing the subsistence harvest of migratory birds in Alaska are subject to annual review. This rulemaking proposes region-specific regulations that would go into effect on April 2, 2018.

          DATES:

          We will accept comments received or postmarked on or before March 5, 2018. We must receive requests for public hearings, in writing, at the address shown in FOR FURTHER INFORMATION CONTACT by February 16, 2018.

          ADDRESSES:
          You may submit comments by one of the following methods:
          • Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments to Docket No. FWS-R7-MB-2017-0087.
          • U.S. mail or hand-delivery: Public Comments Processing, Attn: FWS-R7-MB-2017-0087; Division of Policy, Performance, and Management Programs; U.S. Fish and Wildlife Service; 5275 Leesburg Place, MS: BPHC; Falls Church, VA 22041-3803.

          We will not accept email or faxes. 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 Comment Procedures section, below, for more detailed information).

          FOR FURTHER INFORMATION CONTACT:
          Donna Dewhurst, U.S. Fish and Wildlife Service, 1011 E. Tudor Road, Mail Stop 201, Anchorage, AK 99503; (907) 786-3499.

        SUPPLEMENTARY INFORMATION:
        Public Comment Procedures
        To ensure that any action resulting from this proposed rule will be as accurate and as effective as possible, we request that you send relevant information for our consideration. The comments that will be most useful and likely to influence our decisions are those that you support by quantitative information or studies and those that include citations to, and analyses of, the applicable laws and regulations. Please 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 include.

        You must submit your comments and materials concerning this proposed rule by one of the methods listed above in ADDRESSES. We will not accept comments sent by email or fax or to an address not listed in ADDRESSES. If you submit a comment via http://www.regulations.gov, your entire comment—including any personal identifying information, such as your address, telephone number, or email address—will be posted on the website. When you submit a comment, the system receives it immediately. However, the comment will not be publicly viewable until we post it, which might not occur until several days after submission.

        If you mail or hand-carry a hardcopy comment directly to us that includes personal information, 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. To ensure that the electronic docket for this rulemaking is complete and all comments we receive are publicly available, we will post all hardcopy comments on http://www.regulations.gov.

        In addition, comments and materials we receive, as well as supporting documentation used in preparing this proposed rule, will be available for public inspection in two ways:
        (1) You can view them on http://www.regulations.gov. Search for FWS-R7-MB-2017-0087, which is the docket number for this rulemaking.
        (2) You can make an appointment, during normal business hours, to view the comments and materials in person at the Division of Migratory Bird Management, MS: MB, 5275 Leesburg Pike, Falls Church, VA 22041-3803; (703) 358-1714.
        Public Availability of Comments
        As stated above in more detail, before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.
        Length of Comment Period

        Implementation of the Service's 2013 supplemental environmental impact statement on the hunting of migratory birds has resulted in changes to the overall timing of the annual regulatory schedule for the establishment of migratory bird hunting regulations and the Alaska migratory bird subsistence harvest regulations. That is, moving the annual Service Regulations Committee meeting from July to October has greatly shortened our period to publish the proposed regulations and solicit comments. We are further bounded by a subsistence harvest start date of April 2, 2018, making a 60-day comment period problematic and increasing the risk of not having regulations established before the start of the subsistence season. Thus, we have established a 30-day comment period for this proposed rule (see DATES, above), and we will be conducting tribal consultations within Alaska simultaneously. We believe a 30-day comment period gives the public adequate time to provide meaningful comments. In addition, the proposed regulations in this document for the 2018 season are the same as the final regulations we published on April 4, 2017 (82 FR 16298), for the 2017 season.
        Why is this rulemaking necessary?

        This rulemaking is necessary because, by law, the migratory bird harvest season is closed unless opened by the Secretary of the Interior, and the regulations governing subsistence harvest of migratory birds in Alaska are subject to public review and annual approval. This rule proposes regulations for the taking of migratory birds for subsistence uses in Alaska during the spring and summer of 2018. This proposed rule also sets forth a list of migratory bird season openings and closures in Alaska by region.

        How do I find the history of these regulations?

        Background information, including past events leading to this rulemaking, accomplishments since the Migratory Bird Treaties with Canada and Mexico were amended, and a history, were originally addressed in the Federal Register on August 16, 2002 (67 FR 53511) and most recently on April 4, 2017 (82 FR 16298).
        Recent Federal Register documents and all final rules setting forth the annual harvest regulations are available at http://www.fws.gov/alaska/ambcc/regulations.htm or by contacting the person listed under FOR FURTHER INFORMATION CONTACT.
        What is the process for issuing regulations for the subsistence harvest of migratory birds in Alaska?
        The U.S. Fish and Wildlife Service is proposing migratory bird subsistence-harvest regulations in Alaska for the 2018 season. These regulations allow for the continuation of customary and traditional subsistence uses of migratory birds in Alaska and prescribe regional information on when and where the harvesting of birds may occur. These regulations were developed under a co-management process involving the Service, the Alaska Department of Fish and Game, and Alaska Native representatives.
        The Alaska Migratory Bird Co-management Council (Co-management Council) held meetings on April 5-6, 2017, to develop recommendations for changes that would take effect during the 2018 harvest season. The Co-management Council recommended no changes for the 2018 regulations.
        Who is eligible to hunt under these regulations?
        Eligibility to harvest under the regulations established in 2003 was limited to permanent residents, regardless of race, in villages located within the Alaska Peninsula, Kodiak Archipelago, the Aleutian Islands, and in areas north and west of the Alaska Range (50 CFR 92.5). These geographical restrictions opened the initial migratory bird subsistence harvest to about 13 percent of Alaska residents. High-populated, roaded areas such as Anchorage, the Matanuska-Susitna and Fairbanks North Star boroughs, the Kenai Peninsula roaded area, the Gulf of Alaska roaded area, and Southeast Alaska were excluded from eligible subsistence harvest areas.
        In response to petitions requesting inclusion in the harvest in 2004, we added 13 additional communities consistent with the criteria set forth at 50 CFR 92.5(c). These communities were Gulkana, Gakona, Tazlina, Copper Center, Mentasta Lake, Chitina, Chistochina, Tatitlek, Chenega, Port Graham, Nanwalek, Tyonek, and Hoonah, with a combined population of 2,766. In 2005, we added three additional communities for glaucous-winged gull egg gathering only in response to petitions requesting inclusion. These southeastern communities were Craig, Hydaburg, and Yakutat, with a combined population of 2,459, according to the latest census information at that time.
        In 2007, we enacted the Alaska Department of Fish and Game's request to expand the Fairbanks North Star Borough excluded area to include the Central Interior area. This action excluded the following communities from participation in this harvest: Big Delta/Fort Greely, Healy, McKinley Park/Village, and Ferry, with a combined population of 2,812.
        In 2012, we received a request from the Native Village of Eyak to include Cordova, Alaska, for a limited season that would legalize the traditional gathering of gull eggs and the hunting of waterfowl during spring. This request resulted in a new, limited harvest of spring waterfowl and gull eggs starting in 2014.
        Amendments to Subpart C

        Under subpart C, General Regulations Governing Subsistence Harvest, we are amending § 92.22, the list of birds open to subsistence harvest, by adding emperor goose (Chen canagica) and by amending cackling goose to allow egg gathering. These changes were originally made in the 2017 regulations (82 FR 16298; April 4, 2017), but were mistakenly set to expire August 31, 2017. We intended these changes to subpart C to be permanent; therefore, we are setting them forth again in this proposed rule with the intent to make them permanent when we publish a final rule for this action.
        How would the service ensure that the subsistence migratory bird harvest complies with the Migratory Bird Treaty Act, and would not threaten the conservation of endangered and threatened species?
        We have monitored subsistence harvest for the past 25 years through the use of household surveys in the most heavily used subsistence harvest areas, such as the Yukon-Kuskokwim Delta. In recent years, more intensive surveys combined with outreach efforts focused on species identification have been added to improve the accuracy of information gathered from regions still reporting some subsistence harvest of listed or candidate species.

        Based on our monitoring of the migratory bird species and populations taken for subsistence, we find that this regulation would provide for the preservation and maintenance of migratory bird stocks as required by the Migratory Bird Treaty Act (Act; 16 U.S.C. 703 et seq.). The Act's 16 U.S.C. 712(1) provision states that the Service, “is authorized to issue such regulations as may be necessary to assure that the taking of migratory birds and the collection of their eggs, by the indigenous inhabitants of the State of Alaska, shall be permitted for their own nutritional and other essential needs, as determined by the Secretary of the Interior, during seasons established so as to provide for the preservation and maintenance of stocks of migratory birds.” Communication and coordination between the Service, the Co-management Council, and the Pacific Flyway Council have allowed us to set harvest regulations to ensure the long-term viability of the migratory bird stocks. In addition, Alaska migratory bird subsistence harvest rates have continued to decline since the inception of the subsistence-harvest program, reducing concerns about the program's consistency with the preservation and maintenance of stocks of migratory birds.

        As for the ensuring the conservation of Endangered Species Act (ESA; 16 U.S.C. 1531 et seq.), listed species, spectacled eiders (Somateria fischeri) and the Alaska-breeding population of Steller's eiders (Polysticta stelleri) are listed as threatened species. Their migration and breeding distribution overlap with areas where the spring and summer subsistence migratory bird hunt is open in Alaska. Both species are closed to hunting, although harvest surveys and Service documentation indicate both species are taken in several regions of Alaska. We have determined that this proposed rule would comply with the ESA (see Endangered Species Act Consideration discussion, below).

        The Service has dual objectives and responsibilities for authorizing a subsistence harvest while protecting migratory birds and threatened species. Although these objectives continue to be challenging, they are not irreconcilable, provided that: (1) Regulations continue to protect threatened species, (2) measures to address documented threats are implemented, and (3) the subsistence community and other conservation partners commit to working together. With these dual objectives in mind, the Service, working with North Slope partners, developed measures in 2009 to further reduce the potential for shooting mortality or injury of closed species. These conservation measures included: (1) Increased waterfowl hunter outreach and community awareness through partnering with the North Slope Migratory Bird Task Force; and (2) continued enforcement of the migratory bird regulations that are protective of listed eiders.
        This proposed rule continues to focus on the North Slope from Utqiagvik (formerly known as Barrow) to Point Hope because Steller's eiders from the listed Alaska breeding population are known to breed and migrate there, and harvest survey data and direct observations indicate take during subsistence harvest has occurred there. These regulations are designed to address several ongoing eider-management needs by clarifying for subsistence users that (1) Service law enforcement personnel have authority to verify species of birds possessed by hunters, and (2) it is illegal to possess any species of bird closed to harvest. This proposed rule also describes how the Service's existing authority of emergency closure would be implemented, if necessary, to protect Steller's eiders. We are always willing to discuss regulations with our partners on the North Slope to ensure protection of closed species while providing subsistence hunters an opportunity to maintain the culture and traditional migratory bird harvest of the community. These regulations pertaining to bag checks and possession of illegal birds are deemed necessary to monitor take of closed eider species during the subsistence hunt.
        In collaboration with North Slope partners, a number of conservation efforts have been implemented to raise awareness and educate hunters in and around Utqiagvik on Steller's eider conservation via the local bird outreach festival, meetings, radio shows, signs, school visits, and one-on-one contacts. Limited intermittent monitoring on the North Slope, focused primarily at Utqiagvik, found no evidence that listed eiders were shot in 2009 through 2012; one Steller's eider and one spectacled eider were found shot during the summer of 2013; one Steller's eider was found shot in 2014; and no listed eiders were found shot in 2015 through 2017. Elsewhere in Alaska, one spectacled eider that appeared to have been shot was found dead on the Yukon-Kuskokwim Delta in 2015. The Service acknowledges progress made with the other eider conservation measures, including partnering with the North Slope Migratory Bird Task Force, for increased waterfowl-hunter awareness, continued enforcement of the regulations, and in-season verification of the harvest. To reduce the threat of shooting mortality of threatened eiders, we continue to work with North Slope partners to conduct education and outreach. In addition, the emergency-closure authority provides another level of assurance if an unexpected number of Steller's eiders are killed by shooting (50 CFR 92.21 and 50 CFR 92.32).
        The longstanding general emergency-closure provision at 50 CFR 92.21 specifies that the harvest may be closed or temporarily suspended upon finding that a continuation of the regulation allowing the harvest would pose an imminent threat to the conservation of any migratory bird population. With regard to Steller's eiders, the regulations at 50 CFR 92.32, carried over from the past 7 years, clarify that we would take action under 50 CFR 92.21 as is necessary to prevent further take of Steller's eiders, and that action could include temporary or long-term closures of the harvest in all or a portion of the geographic area open to harvest. When and if mortality of threatened eiders is documented, we would evaluate each mortality event by criteria such as cause, quantity, sex, age, location, and date. We would consult with the Co-management Council when we are considering an emergency closure. If we determine that an emergency closure is necessary, we would design it to minimize its impact on the subsistence harvest.
        Endangered Species Act Consideration

        Section 7 of the Endangered Species Act (16 U.S.C. 1536) requires the Secretary of the Interior to “review other programs administered by him (or her) and utilize such programs in furtherance of the purposes of the Act” and to “insure that any action authorized, funded, or carried out * * * is not likely to jeopardize the continued existence of any endangered species or threatened species or result in the destruction or adverse modification of [critical] habitat. * * *” Prior to issuance of annual spring and summer subsistence regulations, we would consult under section 7 of the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.), to ensure that the 2018 subsistence harvest is not likely to jeopardize the continued existence of any species designated as endangered or threatened, or modify or destroy its critical habitats, and that the regulations are consistent with conservation programs for those species.

        Consultation under section 7 of the ESA for the annual subsistence take regulations may cause us to change these regulations. Our biological opinion resulting from the section 7 consultation is a public document available from the person listed under FOR FURTHER INFORMATION CONTACT.
        Statutory Authority
        We derive our authority to issue these regulations from the Migratory Bird Treaty Act of 1918, at 16 U.S.C. 712(1), which authorizes the Secretary of the Interior, in accordance with the treaties with Canada, Mexico, Japan, and Russia, to “issue such regulations as may be necessary to assure that the taking of migratory birds and the collection of their eggs, by the indigenous inhabitants of the State of Alaska, shall be permitted for their own nutritional and other essential needs, as determined by the Secretary of the Interior, during seasons established so as to provide for the preservation and maintenance of stocks of migratory birds.”
        Required Determinations
        Executive Order 13771—Reducing Regulation and Controlling Regulatory Costs
        This proposed rule is not subject to the requirements of Executive Order 13771 (82 FR 9339, February 3, 2017) because this proposed rule would establish annual harvest limits related to routine hunting or fishing.
        Regulatory Planning and Review (Executive Orders 12866 and 13563)
        Executive Order 12866 provides that the Office of Information and Regulatory Affairs (OIRA) will review all significant rules. OIRA has determined that this proposed rule is not significant.

        Executive Order 13563 reaffirms the principles of E.O. 12866 while calling for improvements in the nation's regulatory system to promote predictability, to reduce uncertainty, and to use the best, most innovative, and least burdensome tools for achieving regulatory ends. The executive order directs agencies to consider regulatory approaches that reduce burdens and maintain flexibility and freedom of choice for the public where these approaches are relevant, feasible, and consistent with regulatory objectives. E.O. 13563 emphasizes further that regulations must be based on the best available science and that the rulemaking process must allow for public participation and an open exchange of ideas. We have developed this proposed rule in a manner consistent with these requirements.
        Regulatory Flexibility Act

        The Department of the Interior certifies that, if adopted, this proposed rule would not have a significant economic impact on a substantial number of small entities as defined under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). A regulatory flexibility analysis is not required. Accordingly, a Small Entity Compliance Guide is not required. This proposed rule would legalize a pre-existing subsistence activity, and the resources harvested would be consumed.
        Small Business Regulatory Enforcement Fairness Act
        This proposed rule is not a major rule under 5 U.S.C. 804(2), the Small Business Regulatory Enforcement Fairness Act. This proposed rule:
        (a) Would not have an annual effect on the economy of $100 million or more. It legalizes and regulates a traditional subsistence activity. It would not result in a substantial increase in subsistence harvest or a significant change in harvesting patterns. The commodities that would be regulated under this rule are migratory birds. This proposed rule deals with legalizing the subsistence harvest of migratory birds and, as such, does not involve commodities traded in the marketplace. A small economic benefit from this proposed rule derives from the sale of equipment and ammunition to carry out subsistence hunting. Most, if not all, businesses that sell hunting equipment in rural Alaska qualify as small businesses. We have no reason to believe that this proposed rule would lead to a disproportionate distribution of benefits.
        (b) Would not cause a major increase in costs or prices for consumers; individual industries; Federal, State, or local government agencies; or geographic regions. This proposed rule does not deal with traded commodities and, therefore, would not have an impact on prices for consumers.
        (c) Would not have significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S.-based enterprises to compete with foreign-based enterprises. This proposed rule deals with the harvesting of wildlife for personal consumption. It would not regulate the marketplace in any way to generate substantial effects on the economy or the ability of businesses to compete.
        Unfunded Mandates Reform Act

        We have determined and certified under the Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.) that this proposed rule would not impose a cost of $100 million or more in any given year on local, State, or tribal governments or private entities. The proposed rule would not have a significant or unique effect on State, local, or tribal governments or the private sector. A statement containing the information required by the Unfunded Mandates Reform Act is not required. Participation on regional management bodies and the Co-management Council requires travel expenses for some Alaska Native organizations and local governments. In addition, they assume some expenses related to coordinating involvement of village councils in the regulatory process. Total coordination and travel expenses for all Alaska Native organizations are estimated to be less than $300,000 per year. In a notice of decision (65 FR 16405; March 28, 2000), we identified 7 to 12 partner organizations (Alaska Native nonprofits and local governments) to administer the regional programs. The Alaska Department of Fish and Game also incurs expenses for travel to Co-management Council and regional management body meetings. In addition, the State of Alaska would be required to provide technical staff support to each of the regional management bodies and to the Co-management Council. Expenses for the State's involvement may exceed $100,000 per year, but should not exceed $150,000 per year. When funding permits, we make annual grant agreements available to the partner organizations and the Alaska Department of Fish and Game to help offset their expenses.
        Takings (Executive Order 12630)
        Under the criteria in Executive Order 12630, this proposed rule would not have significant takings implications. This proposed rule is not specific to particular land ownership, but applies to the harvesting of migratory bird resources throughout Alaska. A takings implication assessment is not required.
        Federalism (Executive Order 13132)

        Under the criteria in Executive Order 13132, this proposed rule does not have sufficient federalism implications to warrant the preparation of a federalism summary impact statement. We discuss effects of this proposed rule on the State of Alaska in the Unfunded Mandates Reform Act section, above. We worked with the State of Alaska to develop these proposed regulations. Therefore, a federalism summary impact statement is not required.
        Civil Justice Reform (Executive Order 12988)
        The Department, in promulgating this proposed rule, has determined that it would not unduly burden the judicial system and that it meets the requirements of sections 3(a) and 3(b)(2) of Executive Order 12988.
        Government-to-Government Relations With Native American Tribal Governments
        Consistent with Executive Order 13175 (65 FR 67249; November 6, 2000), “Consultation and Coordination with Indian Tribal Governments,” and Department of Interior policy on Consultation with Indian Tribes (December 1, 2011), we will send letters via electronic mail to all 229 Alaska Federally recognized Indian tribes. Consistent with Congressional direction (Pub. L. 108-199, div. H, Sec. 161, Jan. 23, 2004, 118 Stat. 452, as amended by Pub. L. 108-447, div. H, title V, Sec. 518, Dec. 8, 2004, 118 Stat. 3267), we also send letters to approximately 200 Alaska Native corporations and other tribal entities in Alaska soliciting their input as to whether or not they would like the Service to consult with them on the 2018 migratory bird subsistence harvest regulations.

        We implemented the amended treaty with Canada with a focus on local involvement. The treaty calls for the creation of management bodies to ensure an effective and meaningful role for Alaska's indigenous inhabitants in the conservation of migratory birds. According to the Letter of Submittal, management bodies are to include Alaska Native, Federal, and State of Alaska representatives as equals. They develop recommendations for, among other things: Seasons and bag limits, methods and means of take, law enforcement policies, population and harvest monitoring, education programs, research and use of traditional knowledge, and habitat protection. The management bodies involve village councils to the maximum extent possible in all aspects of management. To ensure maximum input at the village level, we required each of the 11 participating regions to create regional management bodies consisting of at least one representative from the participating villages. The regional management bodies meet twice annually to review and/or submit proposals to the Statewide body.

        Paperwork Reduction Act of 1995 (PRA)

        This proposed rule does not contain any new collections of information that require Office of Management and Budget (OMB) approval under the PRA (44 U.S.C. 3501 et seq.). We may not conduct or sponsor and you are not required to respond to a collection of information unless it displays a currently valid OMB control number. OMB has reviewed and approved our collection of information associated with:
        • Voluntary annual household surveys that we use to determine levels of subsistence take (OMB Control Number 1018-0124, expires October 31, 2019).
        • Permits associated with subsistence hunting (OMB Control Number 1018-0075, expires June 30, 2019).
        • Emperor Goose Spring Subsistence Harvest Survey (to include number of geese harvested, age, sex, and mass of birds harvested associated) (OMB Control Number 1090-0011, expires August 31, 2018).
        National Environmental Policy Act Consideration (42 U.S.C. 4321 et seq.)

        The annual regulations and options are considered in an October 2017 environmental assessment, “Managing Migratory Bird Subsistence Hunting in Alaska: Hunting Regulations for the 2018 Spring/Summer Harvest.” Copies are available from the person listed under FOR FURTHER INFORMATION CONTACT or at http://www.regulations.gov.
        Energy Supply, Distribution, or Use (Executive Order 13211)
        Executive Order 13211 requires agencies to prepare Statements of Energy Effects when undertaking certain actions. This is not a significant regulatory action under this Executive Order; it allows only for traditional subsistence harvest and improves conservation of migratory birds by allowing effective regulation of this harvest. Further, this proposed rule is not expected to significantly affect energy supplies, distribution, or use. Therefore, this action is not a significant energy action under Executive Order 13211, and a Statement of Energy Effects is not required.

          List of Subjects in 50 CFR Part 92
          Hunting, Treaties, Wildlife.

        Proposed Regulation Promulgation
        For the reasons set out in the preamble, we propose to amend title 50, chapter I, subchapter G, of the Code of Federal Regulations as follows:

          PART 92—MIGRATORY BIRD SUBSISTENCE HARVEST IN ALASKA

        1. The authority citation for part 92 continues to read as follows:

          Authority:
          16 U.S.C. 703-712.

          Subpart C—General Regulations Governing Subsistence Harvest

        2. Amend § 92.22 by:
        a. Redesignating paragraph (a)(3) as paragraph (a)(4);
        b. Adding a new paragraph (a)(3); and
        c. Revising paragraph (a)(6).
        The addition and revision read as follows:

          § 92.22
          Subsistence migratory bird species.

          (a)  * * *
          (3) Emperor goose (Chen canagica).

          (6) Canada goose, subspecies cackling goose.

          Subpart D—Annual Regulations Governing Subsistence Harvest

        3. Amend subpart D by adding § 92.31 to read as follows:

          § 92.31
          Region-specific regulations.
          The 2018 season dates for the eligible subsistence-harvest areas are as follows:
          (a) Aleutian/Pribilof Islands Region. (1) Northern Unit (Pribilof Islands):
          (i) Season: April 2-June 30.
          (ii) Closure: July 1-August 31.
          (2) Central Unit (Aleutian Region's eastern boundary on the Alaska Peninsula westward to and including Unalaska Island):
          (i) Season: April 2-June 15 and July 16-August 31.
          (ii) Closure: June 16-July 15.
          (iii) Special Black Brant Season Closure: August 16-August 31, only in Izembek and Moffet lagoons.
          (iv) Special Tundra Swan Closure: All hunting and egg gathering closed in Game Management Units 9(D) and 10.
          (3) Western Unit (Umnak Island west to and including Attu Island):
          (i) Season: April 2-July 15 and August 16-August 31.
          (ii) Closure: July 16-August 15.
          (b) Yukon/Kuskokwim Delta Region. (1) Season: April 2-August 31.
          (2) Closure: 30-day closure dates to be announced by the Service's Alaska Regional Director or his designee, after consultation with field biologists and the Association of Village Council President's Waterfowl Conservation Committee. This 30-day period will occur between June 1 and August 15 of each year. A press release announcing the actual closure dates will be forwarded to regional newspapers and radio and television stations.
          (3) Special Black Brant and Cackling Canada Goose Season Hunting Closure: From the period when egg laying begins until young birds are fledged. Closure dates to be announced by the Service's Alaska Regional Director or his designee, after consultation with field biologists and the Association of Village Council President's Waterfowl Conservation Committee. A press release announcing the actual closure dates will be forwarded to regional newspapers and radio and television stations.
          (c) Bristol Bay Region. (1) Season: April 2-June 14 and July 16-August 31 (general season); April 2-July 15 for seabird egg gathering only.
          (2) Closure: June 15-July 15 (general season); July 16-August 31 (seabird egg gathering).
          (d) Bering Strait/Norton Sound Region. (1) Stebbins/St. Michael Area (Point Romanof to Canal Point):
          (i) Season: April 15-June 14 and July 16-August 31.
          (ii) Closure: June 15-July 15.
          (2) Remainder of the region:
          (i) Season: April 2-June 14 and July 16-August 31 for waterfowl; April 2-July 19 and August 21-August 31 for all other birds.
          (ii) Closure: June 15-July 15 for waterfowl; July 20-August 20 for all other birds.
          (e) Kodiak Archipelago Region, except for the Kodiak Island roaded area, which is closed to the harvesting of migratory birds and their eggs. The closed area consists of all lands and waters (including exposed tidelands) east of a line extending from Crag Point in the north to the west end of Saltery Cove in the south and all lands and water south of a line extending from Termination Point along the north side of Cascade Lake extending to Anton Larsen Bay. Marine waters adjacent to the closed area are closed to harvest within 500 feet from the water's edge. The offshore islands are open to harvest.
          (1) Season: April 2-June 30 and July 31-August 31 for seabirds; April 2-June 20 and July 22-August 31 for all other birds.
          (2) Closure: July 1-July 30 for seabirds; June 21-July 21 for all other birds.
          (f) Northwest Arctic Region. (1) Season: April 2-June 14 and July 16-August 31 (hunting in general); waterfowl egg gathering April 2-June 14 only; seabird egg gathering May 20-July 12 only; hunting molting/non-nesting waterfowl July 1-July 15 only.

          (2) Closure: June 15-July 15, except for the taking of seabird eggs and molting/non-nesting waterfowl as provided in paragraph (f)(1) of this section.
          (g) North Slope Region. (1) Southern Unit (Southwestern North Slope regional boundary east to Peard Bay, everything west of the longitude line 158°30′ W and south of the latitude line 70°45′ N to the west bank of the Ikpikpuk River, and everything south of the latitude line 69°45′ N between the west bank of the Ikpikpuk River to the east bank of Sagavinirktok River):
          (i) Season: April 2-June 29 and July 30-August 31 for seabirds; April 2-June 19 and July 20-August 31 for all other birds.
          (ii) Closure: June 30-July 29 for seabirds; June 20-July 19 for all other birds.
          (iii) Special Black Brant Hunting Opening: From June 20-July 5. The open area consists of the coastline, from mean high water line outward to include open water, from Nokotlek Point east to longitude line 158°30′ W. This includes Peard Bay, Kugrua Bay, and Wainwright Inlet, but not the Kuk and Kugrua river drainages.
          (2) Northern Unit (At Peard Bay, everything east of the longitude line 158°30′ W and north of the latitude line 70°45′ N to west bank of the Ikpikpuk River, and everything north of the latitude line 69°45′ N between the west bank of the Ikpikpuk River to the east bank of Sagavinirktok River):
          (i) Season: April 2-June 6 and July 7-August 31 for king and common eiders; April 2-June 15 and July 16-August 31 for all other birds.
          (ii) Closure: June 7-July 6 for king and common eiders; June 16-July 15 for all other birds.
          (3) Eastern Unit (East of eastern bank of the Sagavanirktok River):
          (i) Season: April 2-June 19 and July 20-August 31.
          (ii) Closure: June 20-July 19.
          (4) All Units: Yellow-billed loons. Annually, up to 20 yellow-billed loons total for the region inadvertently entangled in subsistence fishing nets in the North Slope Region may be kept for subsistence use.
          (5) North Coastal Zone (Cape Thompson north to Point Hope and east along the Arctic Ocean coastline around Point Barrow to Ross Point, including Iko Bay, and 5 miles inland).
          (i) No person may at any time, by any means, or in any manner, possess or have in custody any migratory bird or part thereof, taken in violation of subparts C and D of this part.
          (ii) Upon request from a Service law enforcement officer, hunters taking, attempting to take, or transporting migratory birds taken during the subsistence harvest season must present them to the officer for species identification.
          (h) Interior Region. (1) Season: April 2-June 14 and July 16-August 31; egg gathering May 1-June 14 only.
          (2) Closure: June 15-July 15.
          (i) Upper Copper River Region (Harvest Area: Game Management Units 11 and 13) (Eligible communities: Gulkana, Chitina, Tazlina, Copper Center, Gakona, Mentasta Lake, Chistochina and Cantwell).
          (1) Season: April 15-May 26 and June 27-August 31.
          (2) Closure: May 27-June 26.
          (3) The Copper River Basin communities listed above also documented traditional use harvesting birds in Game Management Unit 12, making them eligible to hunt in this unit using the seasons specified in paragraph (h) of this section.
          (j) Gulf of Alaska Region. (1) Prince William Sound Area West (Harvest area: Game Management Unit 6[D]), (Eligible Chugach communities: Chenega Bay, Tatitlek):
          (i) Season: April 2-May 31 and July 1-August 31.
          (ii) Closure: June 1-30.
          (2) Prince William Sound Area East (Harvest area: Game Management Units 6[B]and [C]—Barrier Islands between Strawberry Channel and Softtuk Bar), (Eligible Chugach communities: Cordova, Tatitlek, and Chenega Bay):
          (i) Season: April 2-April 30 (hunting); May 1-May 31 (gull egg gathering).
          (ii) Closure: May 1-August 31 (hunting); April 2-30 and June 1-August 31 (gull egg gathering).
          (iii) Species Open for Hunting: Greater white-fronted goose; snow goose; gadwall; Eurasian and American wigeon; blue-winged and green-winged teal; mallard; northern shoveler; northern pintail; canvasback; redhead; ring-necked duck; greater and lesser scaup; king and common eider; harlequin duck; surf, white-winged, and black scoter; long-tailed duck; bufflehead; common and Barrow's goldeneye; hooded, common, and red-breasted merganser; and sandhill crane. Species open for egg gathering: Glaucous-winged, herring, and mew gulls.
          (iv) Use of Boats/All-Terrain Vehicles: No hunting from motorized vehicles or any form of watercraft.
          (v) Special Registration: All hunters or egg gatherers must possess an annual permit, which is available from the Cordova offices of the Native Village of Eyak and the U.S. Forest Service.
          (3) Kachemak Bay Area (Harvest area: Game Management Unit 15[C] South of a line connecting the tip of Homer Spit to the mouth of Fox River) (Eligible Chugach Communities: Port Graham, Nanwalek):
          (i) Season: April 2-May 31 and July 1-August 31.
          (ii) Closure: June 1-30.
          (k) Cook Inlet. (Harvest area: Portions of Game Management Unit 16[B] as specified below) (Eligible communities: Tyonek only):
          (1) Season: April 2-May 31—That portion of Game Management Unit 16(B) south of the Skwentna River and west of the Yentna River, and August 1-31—That portion of Game Management Unit 16(B) south of the Beluga River, Beluga Lake, and the Triumvirate Glacier.
          (2) Closure: June 1-July 31.
          (l) Southeast Alaska. (1) Community of Hoonah (Harvest area: National Forest lands in Icy Strait and Cross Sound, including Middle Pass Rock near the Inian Islands, Table Rock in Cross Sound, and other traditional locations on the coast of Yakobi Island. The land and waters of Glacier Bay National Park remain closed to all subsistence harvesting (50 CFR part 100.3(a)):
          (i) Season: Glaucous-winged gull egg gathering only: May 15-June 30.
          (ii) Closure: July 1-August 31.
          (2) Communities of Craig and Hydaburg (Harvest area: Small islands and adjacent shoreline of western Prince of Wales Island from Point Baker to Cape Chacon, but also including Coronation and Warren islands):
          (i) Season: Glaucous-winged gull egg gathering only: May 15-June 30.
          (ii) Closure: July 1-August 31.
          (3) Community of Yakutat (Harvest area: Icy Bay (Icy Cape to Point Riou), and coastal lands and islands bordering the Gulf of Alaska from Point Manby southeast to and including Dry Bay):
          (i) Season: Glaucous-winged gull egg gathering: May 15-June 30.
          (ii) Closure: July 1-August 31.

        4. Amend subpart D by adding § 92.32 to read as follows:

          § 92.32
          Emergency regulations to protect Steller's eiders.

          Upon finding that continuation of these subsistence regulations would pose an imminent threat to the conservation of threatened Steller's eiders (Polysticta stelleri), the U.S. Fish and Wildlife Service Alaska Regional Director, in consultation with the Co-management Council, will immediately under § 92.21 take action as is necessary to prevent further take. Regulation changes implemented could range from a temporary closure of duck hunting in a small geographic area to large-scale regional or Statewide long-term closures of all subsistence migratory bird hunting. These closures or temporary suspensions will remain in effect until the Regional Director, in consultation with the Co-management Council, determines that the potential for additional Steller's eiders to be taken no longer exists.

          Dated: January 16, 2018.
          Jason Larrabee,
          Principal Deputy Assistant Secretary for Fish and Wildlife and Parks Exercising the Authority of the Assistant Secretary for Fish and Wildlife and Parks.

      [FR Doc. 2018-02001 Filed 1-31-18; 8:45 am]
      BILLING CODE 4333-15-P


        DEPARTMENT OF COMMERCE
        National Oceanic and Atmospheric Administration
        50 CFR Part 223
        [I.D. 092501A]
        Availability of a Draft Environmental Assessment/Finding of No Significant Impact and Receipt of an Application for an Incidental Take Permit (1347)

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

          ACTION:
          Notice of availability.

          SUMMARY:
          NMFS has received an application for an incidental take permit (Permit) from the Washington Department of Fish and Wildlife (WDFW) pursuant to the Endangered Species Act of 1973, as amended (ESA).  As required by the ESA, WDFW has also prepared a conservation plan (Plan) designed to minimize and mitigate any such take of endangered or threatened species.  The Permit application is for the incidental take of ESA-listed adult and juvenile salmonids associated with otherwise lawful artificial propagation programs for non-listed species in the upper Columbia River and its tributaries in the state of Washington.  The duration of the proposed Permit and Plan is 5 years.  The Permit application includes the proposed Plan, and three Hatchery and Genetic Management Plans (HGMPs) submitted by WDFW.  NMFS also announces the availability of a draft Environmental Assessment (EA) for the Permit application.  NMFS is furnishing this notification in order to allow other agencies and the public an opportunity to review and comment on these documents.  All comments received will become part of the public record and will be available for review pursuant to the ESA.

          DATES:

          Written comments from interested parties on the Permit application, Plan, HGMPs, and draft EA must be received at the appropriate address or fax number (see ADDRESSES) no later than 5 p.m. Pacific daylight time on November 15, 2001.

          ADDRESSES:

          Written comments on the application, Plan, HGMPs, or draft EA should be sent to Tim Tynan, Sustainable Fisheries Division, F/NWO3, 510 Desmond Drive, Suite 103, Olympia, WA 98503.  Comments may also be sent via fax to 360-753-9517.  Comments will not be accepted if submitted via e-mail or the Internet.  Requests for copies of the Permit application, Plan, HGMPs, and draft EA should be directed to the Sustainable Fisheries Division, F/NWO3, 510 Desmond Drive, Suite 103, Olympia, WA 98503.  The documents are also available on the Internet at http://www.nwr.noaa.gov/.  Comments received will also be available for public inspection, by appointment, during normal business hours by calling 360-753-9579.

          FOR FURTHER INFORMATION CONTACT:

          Tim Tynan, Olympia, WA (ph: 360/753-9579, fax: 360/753-9507, e-mail: Tim.Tynan@noaa.gov).

        SUPPLEMENTARY INFORMATION:
        Section 9 of the ESA and Federal regulations prohibit the “taking” of a species listed as endangered or threatened.  The term “take” is defined under the ESA to mean harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct.  NMFS may issue permits, under limited circumstances, to take listed species incidental to, and not the purpose of, otherwise lawful activities.  NMFS regulations governing permits for threatened and endangered species are promulgated at 50 CFR 222.307.
        Species Covered in This Notice
        The following species and evolutionarily significant units are included in the Plan, HGMPs, and Permit application:
        Chinook salmon (Oncorhynchus tshawytscha):  endangered, naturally produced and artificially propagated, upper Columbia River spring-run.
        Steelhead (O. mykiss):  endangered, naturally produced and artificially propagated Upper Columbia River (UCR).
        Background
        On December 15, 1999, WDFW submitted an application to NMFS for an ESA section 10 (a)(1)(B) permit for the incidental take of ESA-listed anadromous fish species associated with operation of hatchery programs producing unlisted salmon for release into the Columbia River and its tributaries from Priest Rapids Dam upstream to the Okanogan River Basin from 2001 to 2005.  Incidental take would include endangered spring chinook salmon and steelhead in the UCR Evolutionarily Significant Units (ESUs).  The proposed unlisted salmon hatchery programs produce sockeye, summer-run chinook, and fall-run chinook salmon of native stock  to supplement local naturally spawning salmon populations.  The hatchery programs function to mitigate for the loss of adult salmon resulting from the construction and operation of hydropower projects in the UCR region.  In addition to augmenting the number of naturally spawning salmon, the proposed implementation of these hatchery programs will  produce surplus fish for harvest in Native American ceremonial and subsistence and commercial fisheries, and non-Indian recreational and commercial fisheries, in the Columbia River Basin.  These fisheries provide cultural benefits to Columbia River Basin treaty tribes and economic opportunity for local communities through the sale of fish, licences, equipment, and the conduct of other financial transactions related to the fisheries.
        Conservation Plan
        The Conservation Plan and the HGMPs prepared by WDFW describe measures designed to monitor, minimize, and mitigate the incidental takes of ESA-listed anadromous salmonids associated with the following unlisted salmon hatchery programs that are expected to be implemented during 2001 through 2005:
        Lake Wenatchee Sockeye Salmon Supplementation Program
        The program’s purpose is to mitigate for the loss of sockeye salmon attributable to the construction and operation of Rock Island Dam on the mainstem Columbia River.  Lake Wenatchee sockeye salmon are collected as broodstock from the run at large at Tumwater Dam on the Wenatchee River from July 15 through early August each year.  The annual broodstock collection goal is approximately 300 adults.  Eggs and juvenile sockeye salmon are incubated and early reared at WDFW’s Eastbank Fish Hatchery, located on the mainstem Columbia River near Rocky Reach Dam.  The fish are transferred as fed fry to net pens in Lake Wenatchee in early April.  After 6 or 7 months of rearing, up to 200,000 sockeye salmon juveniles are liberated during September and October from the net pens into Lake Wenatchee.
        Dryden Pond - Eastbank Hatchery Summer Chinook Salmon Program
        The purpose of this artificial propagation program in the Wenatchee River Basin is to mitigate for the loss of summer chinook salmon due to hydropower mortalities at Rocky Reach and Rock Island dams.  Broodstock collection facilities located at Dryden Dam and Tumwater Dam on the Wenatchee River collect up to 492 native Wenatchee River adult summer chinook between July and November each year for the program.  WDFW’s Eastbank Hatchery, located on the mainstem Columbia River, is used for spawning, incubation and early rearing.  Pre-smolt summer chinook salmon produced at Eastbank Hatchery are transferred to Dryden Pond on the Wenatchee River for acclimation and release.  Up to 864,000 yearling summer chinook salmon are released into the Wenatchee River each year.
        Carlton Pond - Eastbank Hatchery Summer Chinook Salmon Program
        The purpose of this summer-run chinook salmon artificial propagation program is to mitigate for the loss of summer chinook salmon adults that would have been produced in the Methow River Basin in the absence of the Wells, Rocky Reach, and Rock Island hydroelectric projects.  Summer chinook salmon used as broodstock  are the progeny of natural or hatchery-origin fish originating from the Methow and Okanogan river watersheds collected in July and August at Wells Dam and at WDFW’s Wells Hatchery trap on the mainstem Columbia River.  Up to 492 summer chinook salmon adults may be collected as broodstock each year.  WDFW’s Eastbank Hatchery is used for spawning, incubation and early rearing.  Summer-run chinook salmon juveniles produced at Eastbank Hatchery are transferred to Carlton Pond on the Methow River for acclimation and release.  Up to 400,000 yearling summer chinook smolts may be released into the Methow River each year through the program.
        Similkameen Pond - Eastbank Hatchery Summer Chinook Salmon Program
        The purpose of the Similkameen Pond - Eastbank Hatchery program is to mitigate for the loss of summer chinook salmon adults that would have been produced in the Okanogan River Basin in the absence of Wells, Rocky Reach, and Rock Island hydroelectric projects.  Summer-run chinook used in the program originate from natural or marked hatchery-origin fish collected at the Wells Dam and Wells Hatchery traps.  These brood sources are representative of the summer-run population indigenous to the Okanogan River system.  Up to 556 adult fish are collected in July and August each year as broodstock.  WDFW’s Eastbank Hatchery is used for fish spawning, incubation and early rearing.  Summer chinook juveniles produced at Eastbank Hatchery are transferred in the fall to Similkameen Pond in the upper Okanogan River watershed for acclimation and release.  The fish are reared to yearling smolt size in the pond through the winter for release in the spring to acclimate the chinook to the release site.  Up to 576,000 summer chinook salmon yearling smolts may be released in the spring each year.
        Priest Rapids Fish Hatchery Fall Chinook Salmon Program

        The goal of the Priest Rapids upriver bright chinook salmon program is to mitigate for the loss of fall-run chinook salmon adults that would have been produced in the region in the absence of the Priest Rapids Project (Priest Rapids and Wanapum dams) and John Day Dam.  Up to 6,102 adult fish may be collected as volunteers to the hatchery trap for use as broodstock each year.  Fish are spawned at the hatchery, and eggs and fish are incubated and reared at the hatchery site.  All fish are reared for several months for release in June of each year as sub-yearlings.  The annual fish release goal for the program is 6,700,000 fall chinook salmon sub-yearlings.
        Eastbank Fish Hatchery Summer Chinook Salmon Program
        The hatchery began operation in 1989 to mitigate for salmon smolt losses resulting from the operation of Rock Island Dam.  The hatchery is used for incubation and rearing of unlisted summer chinook and sockeye salmon.  Eastbank Hatchery is located on the east side of the Columbia River near Rocky Reach Dam, seven miles north of Wenatchee, Washington.  The hatchery is operated with five satellite facilities, located on five different rivers in the action area: Dryden Pond on the Wenatchee River, Chiwawa Pond on the Chiwawa River, Carlton Pond on the Methow River, and Similkameen Pond on the Similkameen River.  Broodstock are not collected at Eastbank Hatchery.  There are no on-station releases of fish at Eastbank Hatchery into the mainstem Columbia River.  Releases of fish reared at Eastbank Hatchery and transferred to other locations are described above.
        Turtle Rock Fish Hatchery Summer Chinook Salmon Program
        The Turtle Rock Hatchery is located adjacent to the Columbia River two miles upstream from Rocky Reach Dam at river mile 476 on the Columbia River.  The hatchery is operated as a mitigation facility for fishery impacts caused by the construction and operation of Rocky Reach Dam.  Summer chinook salmon broodstock are not collected at Turtle Rock Hatchery.  Currently, broodstock for the program is provided annually through collection of summer chinook salmon volunteers to the Wells Hatchery trap in July and August.  Eggs taken from spawners at Wells Hatchery are shipped to Turtle Rock Hatchery and for incubation then to WDFW’s Rocky Reach Hatchery for rearing.  The annual hatchery production goals are 200,000 yearling summer chinook and 1,600,000 sub-yearling summer chinook salmon for release from Turtle Rock Hatchery.  Yearlings are released in April and sub-yearlings are released in June of each year.
        Wells Salmon Hatchery Summer Chinook Salmon Program
        Wells Hatchery is located on the mainstem Columbia River just below Wells Dam.  The hatchery operates as a mitigation facility for salmon fishery impacts caused by Wells Dam.  Summer chinook adults collected as broodstock for the Wells Hatchery summer chinook program are trapped each year in July and August at the hatchery from summer chinook volunteers to the hatchery trap.  The collective annual broodstock collection goal at the Wells Hatchery volunteer trap is 1,208 adults for the Wells and Turtle Rock programs.  Progeny of spawners trapped at Wells Hatchery are incubated and reared on-station.  The annual Wells Hatchery on-station release goals are 320,000 summer chinook yearlings released in April and 484,000 accelerated sub-yearlings released in June.
        Incidental mortalities of ESA-listed fish associated with the WDFW unlisted salmon hatchery programs are requested at levels specified in the Permit application and in the HGMPs.  WDFW is proposing to limit broodstock collection and juvenile fish production and release methods applied at the hatcheries such that the incidental impacts on ESA-listed salmonids will be minimized.  Two alternatives for the WDFW hatchery programs were provided in the Plan and HGMPs, including: (1) the no action alternative; (2) and the proposed conservation plan alternative (based on implementation of the hatchery programs with a comprehensive monitoring program).
        Environmental Assessment/Finding of No Significant Impact
        The EA package includes a draft EA and a draft Finding of No Significant Impact which concludes that issuing the incidental take permit is not a major Federal action significantly affecting the quality of the human environment, within the meaning of section 102 (2)(C) of the National Environmental Policy Act (NEPA) of 1969, as amended.  Three Federal action alternatives have been analyzed in the draft EA, including:  (1) the no action alternative; (2) issue a permit with conditions; and (3) issue a permit without conditions.

        This notice is provided pursuant to section 10(c) of the ESA and the NEPA regulations (40 CFR 1506.6).  NMFS will evaluate the application, associated documents, and comments submitted thereon to determine whether the application meets the requirements of the NEPA regulations and section 10 (a) of the ESA.  If it is determined that the requirements are met, a permit will be issued for incidental takes of ESA-listed anadromous salmonids under the jurisdiction of NMFS.  The final NEPA and permit determinations will not be completed until after the end of the 30-day comment period and will fully consider all public comments received during the comment period.  NMFS will publish a record of its final action in the Federal Register.

          Dated: October 10, 2001.
          Phil Williams,
          Acting Chief, Endangered Species Division, Office of Protected Resources, National Marine Fisheries Service.

      [FR Doc. 01-25980 Filed 10-15-01; 8:45 am]
      BILLING CODE  3510-22-S


        DEPARTMENT OF TRANSPORTATION
        Federal Aviation Administration
        14 CFR Part 39
        [Docket No. FAA-2017-0480; Directorate Identifier 2016-NM-204-AD]
        RIN 2120-AA64
        Airworthiness Directives; Airbus Airplanes

          AGENCY:
          Federal Aviation Administration (FAA), DOT.

          ACTION:
          Notice of proposed rulemaking (NPRM).

          SUMMARY:
          We propose to adopt a new airworthiness directive (AD) for certain Airbus Model A300 B4-600, B4-600R, and F4-600R series airplanes, and Model A300 C4-605R Variant F airplanes (collectively called Model A300-600 series airplanes); and Model A310 series airplanes. This proposed AD was prompted by cracking in the door sill area of the aft cargo door. This proposed AD would require repetitive inspections of the aft cargo door lower torsion box area, and corrective actions if necessary. We are proposing this AD to address the unsafe condition on these products.

          DATES:
          We must receive comments on this proposed AD by July 6, 2017.

          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.
          • 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 service information identified in this NPRM, contact Airbus SAS, Airworthiness Office—EAW, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 51; email account.airworth-eas@airbus.com; Internet http://www.airbus.com. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221.

        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-2017-0480; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

          FOR FURTHER INFORMATION CONTACT:
          Dan Rodina, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-2125; fax 425-227-1149.

        SUPPLEMENTARY INFORMATION:
        Comments Invited

        We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2017-0480; Directorate Identifier 2016-NM-204-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD based on 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 we receive about this proposed AD.
        Discussion
        The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA Airworthiness Directive 2016-0241, dated December 6, 2016 (referred to after this as the Mandatory Continuing Airworthiness Information, or “the MCAI”), to correct an unsafe condition for certain Airbus Model A300 B4-600, B4-600R, and F4-600R series airplanes, and Model A300 C4-605R Variant F airplanes (collectively called Model A300-600 series airplanes); and Model A310 series airplanes. The MCAI states:

          Cracks were found on in-service aeroplane post mod 5438 in the door sill area, from frame (FR) 60 to FR63, including the sill beam flag, lock fitting, door sill web and torsion door panel. Two previous cases with less crack extent were also reported.
          This condition, if not detected and corrected, could lead to reduced structural integrity of the aeroplane.
          To address this unsafe condition, Airbus published Inspection Service Bulletin (SB) A310-53-2139 and SB A300-53-6179 to provide inspection instructions for the affected areas. Airbus published also Airbus SB A310-53-2141 and SB A300-53-6181 to provide modification instructions.
          Further analysis showed that aeroplanes pre-mod 5438, for which one or several lock fittings have been replaced by post mod 10319 lock fittings, could also be affected. Airbus published SB A310-53-2143 and SB A300-53-6185 to provide inspection instructions.
          For the reason described above, this [EASA] AD requires repetitive Special Detailed Inspections (SDI) of the aft cargo door lower torsion box area and, depending on findings, accomplishment of applicable corrective action(s).

        You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-0480.
        Related Service Information Under 1 CFR Part 51

        We reviewed Airbus Service Bulletin A300-53-6185, dated February 11, 2016; and Service Bulletin A310-53-2143, dated February 11, 2016; which describe, among other actions, repetitive inspections of the aft cargo door sill area for cracking. These documents are distinct since they apply to different airplane models. 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 another country, and is approved for operation in the United States. Pursuant to our bilateral agreement with the State of Design Authority, we have been notified of the unsafe condition described in the MCAI and service information referenced above. We are proposing this AD because we evaluated all pertinent information and determined an unsafe condition exists and is likely to exist or develop on other products of these same type designs.
        Costs of Compliance
        We estimate that this proposed AD affects 18 airplanes of U.S. registry.
        We estimate the following costs to comply with this proposed AD:

          Estimated Costs

            Action
            Labor cost
            Parts cost
            Cost per product
            Cost on U.S. operators

            Inspection
            12 work-hours × $85 per hour = $1,020 per inspection cycle
            $0
            $1,020 per inspection cycle
            $18,360 per inspection cycle.

        We have received no definitive data that would enable us to provide a cost estimate for the on-condition corrective actions specified in 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.
        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;
        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):

            Airbus: Docket No. FAA-2017-0480; Directorate Identifier 2016-NM-204-AD.
          (a) Comments Due Date
          We must receive comments by July 6, 2017.
          (b) Affected ADs
          None.
          (c) Applicability
          This AD applies to the Airbus airplanes identified in paragraphs (c)(1), (c)(2), (c)(3), (c)(4), and (c)(5) of this AD; certificated in any category; except those on which Airbus Modification 5438 was embodied in production.
          (1) Model A300 B4-601, B4-603, B4-620, and B4-622 airplanes.
          (2) Model A300 B4-605R and B4-622R airplanes.
          (3) Model A300 F4-605R and F4-622R airplanes.
          (4) Model A300 C4-605R Variant F airplanes.
          (5) Model A310-203, -204, -221, -222, -304, -322, -324, and -325 airplanes.
          (d) Subject
          Air Transport Association (ATA) of America Code 53, Fuselage.
          (e) Reason
          This AD was prompted by cracking in the door sill area of the aft cargo door. We are issuing this AD to detect and correct cracking of the door sill area of the aft cargo; such cracking could adversely affect the structural integrity of the airplane.
          (f) Compliance
          Comply with this AD within the compliance times specified, unless already done.
          (g) Repetitive Inspections
          Within the applicable compliance time specified in table 1 to paragraph (g) of this AD: Do a high frequency eddy current (HFEC) inspection for cracking of the door sill area (including the sill beam flag, lock fitting, door sill web, and torsion door panel) of the aft cargo door lower torsion box area, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A300-53-6185, dated February 11, 2016; or Service Bulletin A310-53-2143, dated February 11, 2016; as applicable. Repeat the HFEC inspection thereafter at intervals not to exceed 15,100 flight cycles.

            Table 1 to Paragraph (g) of This AD—Initial Inspection

              Airplane configuration
              Compliance time

              Repaired (date known), post-Airbus Modification 10319 lock fittings installed using Airbus Structural Repair Manual (SRM) Task 51-72-00
              Before exceeding 25,800 flight cycles since the lock fitting replacement.

              Repaired (no record, date unknown), post-Airbus Modification 10319 lock fittings installed using Airbus SRM Task 51-72-00
              Before exceeding 25,800 flight cycles from November 1, 1996.

              Non-repaired airplane, or airplane repaired with pre-Airbus Modification 10319 lock fittings using Airbus SRM Task 51-72-00
              No inspection required.

          (h) Corrective Action
          If any crack is found during any inspection required by paragraph (g) of this AD: Before further flight, repair in accordance with the Accomplishment Instructions of Airbus Service Bulletin A300-53-6185, dated February 11, 2016; or Service Bulletin A310-53-2143, dated February 11, 2016; as applicable; except, where Airbus Service Bulletin A300-53-6185, dated February 11, 2016; or Service Bulletin A310-53-2143, dated February 11, 2016; specifies to contact Airbus for appropriate action, and specifies that action as “RC” (Required for Compliance), before further flight, accomplish corrective actions in accordance with the procedures specified in paragraph (j)(2) of this AD.
          (i) Terminating Action
          Repair of an airplane as required by paragraph (h) of this AD constitutes terminating action for the repetitive inspections required by paragraph (g) of this AD for that airplane.
          (j) Other FAA AD Provisions
          The following provisions also apply to this AD:
          (1) Alternative Methods of Compliance (AMOCs): The Manager, International Branch, ANM-116, Transport Airplane Directorate, 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 Branch, send it to the attention of the person identified in paragraph (k)(2) of this AD. Information may be emailed to: 9-ANM-116-AMOC-REQUESTS@faa.gov. 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.
          (2) Contacting the Manufacturer: For any requirement in this AD to obtain corrective actions from a manufacturer, the action must be accomplished using a method approved by the Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA; or the European Aviation Safety Agency (EASA); or Airbus's EASA Design Organization Approval (DOA). If approved by the DOA, the approval must include the DOA-authorized signature.
          (3) Required for Compliance (RC): If any service information contains procedures or tests that are identified as RC, those procedures and tests must be done to comply with this AD; any procedures or tests that are not identified as RC are recommended. Those procedures and tests that are not identified as RC may be deviated from using accepted methods in accordance with the operator's maintenance or inspection program without obtaining approval of an AMOC, provided the procedures and tests identified as RC can be done and the airplane can be put back in an airworthy condition. Any substitutions or changes to procedures or tests identified as RC require approval of an AMOC.
          (k) Related Information

          (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA AD 2016-0241, dated December 6, 2016, for related information. This MCAI may be found in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-0480.
          (2) For more information about this AD, contact Dan Rodina, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-2125; fax 425-227-1149.

          (3) For service information identified in this AD, contact Airbus SAS, Airworthiness Office—EAW, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 51; email account.airworth-eas@airbus.com; Internet http://www.airbus.com. You may view this service information at the FAA, Transport Airplane Directorate, 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 May 12, 2017.
          Michael Kaszycki,
          Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.

      [FR Doc. 2017-10140 Filed 5-19-17; 8:45 am]
      BILLING CODE 4910-13-P


        FEDERAL COMMUNICATIONS COMMISSION
        47 CFR Part 4
        [ET Docket No. 04-35, RM 11588, DA 10-220]
        California Public Utilities Commission Petition for Rulemaking

          AGENCY:
          Federal Communications Commission.

          ACTION:
          Petition for rulemaking.

          SUMMARY:
          The California Public Utilities Commission (“CPUC”) filed a Petition for  Rulemaking requesting that the Federal Communications Commission (Commission or FCC  grant State public utilities commissions direct access to the Commission's Network Outage  Reporting System (NORS). The CPUC also requests password-protected access to California-specific disruption and outage data in the NORS. The FCC seeks comment on this petition.

          DATES:
          Submit statements in support of or in opposition to the petition for rulemaking on or before March 4, 2010; replies to statements in support of or in opposition to the petition for rulemaking should be submitted on or before March 19, 2010.

          ADDRESSES:
          You may submit comments, identified by RM-11588 and/or ET Docket No. 04-35, by any of the following methods:
          • Federal eRulemaking Portal:
            http://www.regulations.gov. Follow the instructions for  submitting comments.
          • Federal Communications Commission's Web Site:
            http://fjallfoss.fcc.gov/ecfs2/. Follow the instructions for submitting comments.
          • Mail: Commission's Secretary, Office of the Secretary, Federal Communications Commission, 445 12th Street, SW., Washington, DC 20554.
          • People With Disabilities: Contact the FCC to request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format) by e-mail: FCC504@fcc.gov or phone: 202-418-0530 or TTY: 202-418-0432.

          For detailed instructions for submitting comments and additional information on the rulemaking process, see the SUPPLEMENTARY INFORMATION section of this document.

          FOR FURTHER INFORMATION CONTACT:

          For additional information contact Jean Ann Collins, Deputy Chief, Communications Systems Analysis Division, Public Safety and Homeland Security Bureau, Federal Communications Commission, at (202) 418- 2792 or jeanann.collins@fcc.gov.

        SUPPLEMENTARY INFORMATION:
        The Public Safety and Homeland Security Bureau invites public comment on the petition for rulemaking filed on November 12, 2009, by the California Public Utilities Commission (“CPUC”). The CPUC petitions the Commission, pursuant to Section 1.401 of the Commissions rules, requesting that the Federal Communications Commission (Commission or FCC) grant State public utilities commissions direct access to the Commission's Network Outage Reporting System (NORS) database. The CPUC also informally requests, pursuant to Section 1.41 of the Commission's rules, that the Commission act to allow the CPUC password-protected access to the NORS database that is “limited to California-specific disruption and outage data.”
        NORS is the Web-based filing system through which certain communications providers submit reports to the Commission of disruptions to communications as required by part 4 of the Commission's rules. Reports of service disruptions filed in NORS are presumed to be confidential. Currently, the Commission shares NORS data only with the Department of Homeland Security (DHS).
        CPUC states that the Commission found that mandatory reporting of network outages was “the only reliable way to collect this important information for use by this Commission and, where appropriate, for other government entities.” The CPUC asserts that, during the part 4 rulemaking proceeding, no State public utility commission requested access to the part 4 service disruption data and the Commission did not address whether it should or would grant State public utilities commissions the same direct access to the NORS reports that it provided to DHS.
        CPUC states that because the public health and safety, as well as California's economy, depend heavily on reliable and well functioning wireline and wireless voice and data communications networks, it is critical that the CPUC have access to the same level of service outage detail found in NORS reports in order to effectively analyze the data. CPUC adds that State commissioners, like the FCC, are responsible for overseeing the reliability and security of their State's respective communications infrastructures and, in times of crisis, local and State authorities are often the first responders. CPUC states that, because of this, California has adopted “the FCC's NORS requirements” and implemented safeguards to ensure the confidentiality of the information received.
        CPUC asserts that its goal is to obtain the data necessary to perform its “traditional role of protecting public health and safety through monitoring of communications network functionality” without requiring duplicative reporting by telecommunications providers. Acknowledging national security concerns, it seeks to allow states access to the NORS database if they can show that appropriate protections are in place that would ensure that the confidentiality of the data is maintained.

        The petition for rulemaking is available for public inspection and copying in the Commission's Reference Center, Room CY-A257, 445 12th Street, SW., Washington, DC 20554. Copies of the request also may be obtained via the Commission's Electronic Comment Filing System (ECFS) by entering the docket number, ET Docket No. 04-35. Copies of the request also are available from Best Copy and Printing, Inc., telephone (800) 378-3160, facsimile (301) 816-0169, e-mail fcc@bcpiweb.com.

        Pursuant to section 1.405 of the Commission's rules, 47 CFR 1.405, interested parties may file statements in support of or in opposition to the petition for rulemaking not later than March 4, 2010. Any interested parties may file replies to statements in support of or in opposition to the petition for rulemaking not later than March 19, 2010. Statements and replies may be filed using: (1) The Commission's Electronic Comment Filing System (ECFS), (2) the Federal Government's eRulemaking Portal, or (3) by filing paper copies. See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998).

          Electronic Filers: Comments may be filed electronically using the Internet by accessing the ECFS: http://fjallfoss.fcc.gov/ecfs2/or the Federal eRulemaking Portal: http://www.regulations.gov.

          Paper Filers: 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 appears in the caption of this proceeding, filers 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. All filings must be addressed to the Commission's Secretary, Office of the Secretary, Federal Communications Commission.
        Effective December 28, 2009, all hand-delivered or messenger-delivered paper filings for the Commission's Secretary must be delivered to FCC Headquarters at 445 12th St., SW., Room TW-A325, Washington, DC 20554. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes must be disposed of before entering the building. The filing hours are 8 a.m. to 7 p.m.
        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, Express, and Priority mail must be addressed to 445 12th Street, SW., Washington DC 20554.

        In addition, interested parties shall send one copy of their statements and replies to Best Copy and Printing, Inc., Portals II, 445 12th Street, SW., Room CY-B402, Washington, DC 20554, (800) 378-3160, e-mail fcc@bcpiweb.com.

        Filings and comments are also available for public inspection and copying during business hours in the FCC Reference Information Center, Portals II, 445 12th Street, SW., Room CY-A257, Washington, DC 20554, and via the Commission's Electronic Comment Filing System (ECFS) by entering the docket number, ET Docket No. 04-35. They may also be purchased from the Commission's duplicating contractor, Best Copy and Printing, Inc., Portals II, 445 12th Street, SW., Room CY-B402, Washington, DC 20554, telephone: (202) 488-5300 or (800) 378-3160, fax: (202) 488-5563, or via e-mail fcc@bcpiweb.com.

          People With Disabilities: To request materials in accessible formats for people with disabilities (braille, large print, electronic files, audio format), send an e-mail to fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty).

          James Arden Barnett, Jr.,
          Chief, Public Safety and Homeland Security Bureau, Federal Communications Commission.

      [FR Doc. 2010-2772 Filed 2-8-10; 8:45 am]
      BILLING CODE 6712-01-P