82 FR 4276 - Endangered and Threatened Species; Petition for Rulemaking To Establish a Whale Protection Zone for Southern Resident Killer Whales

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 9 (January 13, 2017)

Page Range		4276-4277
FR Document		2017-00437

This document announces receipt by the National Marine Fisheries Service (NMFS) of a petition for rulemaking to establish a whale protection zone in the San Juan Islands, Washington, to support recovery of endangered Southern Resident killer whales. NMFS is requesting comments on the petition and will consider all comments and available information when determining whether to accept the petition and proceed with the suggested rulemaking.

Federal Register, Volume 82 Issue 9 (Friday, January 13, 2017)

[Federal Register Volume 82, Number 9 (Friday, January 13, 2017)]
[Proposed Rules]
[Pages 4276-4277]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-00437]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 223 and 224

RIN 0648-XF080


Endangered and Threatened Species; Petition for Rulemaking To 
Establish a Whale Protection Zone for Southern Resident Killer Whales

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

[[Page 4277]]

Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of receipt of petition; request for comments.

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SUMMARY: This document announces receipt by the National Marine 
Fisheries Service (NMFS) of a petition for rulemaking to establish a 
whale protection zone in the San Juan Islands, Washington, to support 
recovery of endangered Southern Resident killer whales. NMFS is 
requesting comments on the petition and will consider all comments and 
available information when determining whether to accept the petition 
and proceed with the suggested rulemaking.

DATES: The closing date for comments on the petition is April 13, 2017.

ADDRESSES: You may submit information on this document identified by 
NOAA-NMFS-2016-0152 and the petition by either of the following 
methods:
     Electronic submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal www.regulations.gov. To 
submit comments via the Federal e-Rulemaking Portal, go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2016-0152, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail or hand-delivery: Lynne Barre, NMFS West Coast 
Region, 7600 Sand Point Way NE., Seattle, WA 98115.
    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: Lynne Barre, West Coast Regional 
Office, 206-526-4745.

SUPPLEMENTARY INFORMATION: In 2009, NMFS proposed vessel traffic 
regulations to minimize vessel impacts to Southern Resident killer 
whales, including a 200-yard approach rule, a prohibition on parking 
vessels in the path of the whales, and a protected area (no-go zone) in 
Puget Sound along the west side of San Juan Island, Washington (74 FR 
37674; July 29, 2009). In 2011, we finalized vessel traffic regulations 
that included an approach rule and path prohibitions but did not 
finalize a protected area (76 FR 20870; April 14, 2011). In deciding 
not to move forward with a protected area in the final rule, we noted 
the degree of public opposition to the concept and concluded a no-go 
zone required further analysis. We further noted that to be effective, 
regulations must be understood by the public and have a degree of 
public acceptance. We stated that we would evaluate the enacted 
regulations, gather additional information and conduct further analysis 
and public outreach on the concept of identifying a protected area or 
no-go zone as a future protective measure. Since 2011, we have 
conducted a public workshop in 2013, continued communicating with a 
variety of interested groups (including the petitioners) on this topic, 
and are currently completing a review of the 2011 vessel traffic 
regulations. NOAA's Northwest Fisheries Science Center has also 
conducted further research on the impacts of vessels on Southern 
Resident killer whales.
    On November 10, 2016, NMFS received a petition pursuant to the 
Administrative Procedure Act (APA) from the Orca Relief Citizen's 
Alliance, Center for Biological Diversity, and Project Seawolf 
requesting that we utilize our authorities under the Endangered Species 
Act (ESA) and Marine Mammal Protection Act (MMPA) to establish a whale 
protection zone to reduce noise and disturbance of Southern Resident 
killer whales. The petitioners identify threats to the whales, discuss 
alleged insufficiencies with existing protections, and describe NMFS' 
authority under the ESA and MMPA to establish a whale protection zone 
with regulations. The petition describes the features of a whale 
protection zone and cites information from our evaluation of the 
benefits of a protected area supporting our 2009 proposed rule. The 
area proposed for a protection zone is similar to, but wider and longer 
than the zone originally considered by NMFS in 2009 (74 FR 37674; July 
29, 2009).
    To ensure our decision about whether to accept the petition and 
move forward with the petitioned action to establish a whale protection 
zone is based on the best available scientific and commercial 
information, we are soliciting information from the public, 
governmental agencies, Tribes, the scientific community, industry, 
environmental entities, and any other interested parties concerning the 
petitioned action. In particular we request information and comments 
on: (1) The advisability of and need for regulations to establish a 
whale protection zone; (2) the geographic scope of regulations; (3) 
alternative management options for regulating vessel interactions with 
killer whales, including but not limited to the option in the petition; 
(4) scientific and commercial information regarding the effects of 
vessels on killer whales and their habitat; (5) information regarding 
potential economic effects of regulating vessel interactions; and (6) 
any additional relevant information that NMFS should consider should it 
accept the petition. To inform your comments, information on the 
previous vessel regulations, the petition and other supporting 
documents is available at: http://www.westcoast.fisheries.noaa.gov/protected_species/marine_mammals/killer_whale/vessel_regulations.html.
    You may submit your information and materials electronically or via 
mail (see ADDRESSES section). We request that all information be 
accompanied by supporting documentation such as maps, bibliographic 
references, or reprints of pertinent publications. We also would 
appreciate the submitter's name, address, and any association, 
institution, or business that the person represents; however, anonymous 
submissions will also be accepted.
    If NMFS decides to accept the petition and initiate rulemaking, we 
will notify the petitioners and publish a notice of our decision in the 
Federal Register. If NMFS decides not to proceed with the petitioned 
action, we will notify the petitioners, provide a brief statement of 
the grounds for the decision, and publish notice of our decision in the 
Federal Register.

    Authority: 16 U.S.C. 1531 et seq.

    Dated: January 6, 2017.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2017-00437 Filed 1-12-17; 8:45 am]
 BILLING CODE 3510-22-P

4276 Federal Register / Vol. 82, No. 9 / Friday, January 13, 2017 / Proposed Rules

comment on whether to allocate 5. In the April 2014 Connect America them in the memorandum. Documents
additional high-cost funding to the FNPRM, 79 FR 39196, July 9, 2014, the shown or given to Commission staff
voluntary path to the model. Rate-of- Commission proposed a framework for during ex parte meetings are deemed to
return carriers that accept the second a voluntary election by rate-of-return be written ex parte presentations and
offer of model-based support will do so carriers to receive model-based support must be filed consistent with rule
on the condition that they commit to and tentatively concluded that such a 1.1206(b). In proceedings governed by
meet the deployment obligations of the framework could achieve important rule 1.49(f) or for which the
original offer if authorized no later than universal service benefits by creating Commission has made available a
December 31, 2017 to receive additional incentives for deployment of voice and method of electronic filing, written ex
A–CAM funding equivalent to the broadband-capable infrastructure. The parte presentations and memoranda
original offer. The Commission therefore Commission sought written comment on summarizing oral ex parte
seeks comment on whether the the proposal, including comment on the presentations, and all attachments
Commission should further increase the Initial Regulatory Flexibility Analysis thereto, must be filed through the
budget for A–CAM to provide the full (IRFA). The Commission did not receive electronic comment filing system
amount of the original offer for some or any comments on the April 2014 available for that proceeding, and must
all of those carriers that accepted the Connect America FNPRM IRFA. In the be filed in their native format (e.g., .doc,
second offer of model-based support. Rate-of-Return Reform Order, 81 FR .xml, .ppt, searchable .pdf). Participants
2. The Commission seeks comment on 24282, April 25, 2016, the Commission in this proceeding should familiarize
increasing the budget by a lesser adopted a voluntary path under which themselves with the Commission’s ex
amount. If the increased budget for A– rate-of-return carriers may elect to parte rules.
CAM were insufficient to cover all receive model-based support for a term 7. People with Disabilities: To request
participants, should the Wireline of 10 years in exchange for meeting materials in accessible formats for
Competition Bureau (Bureau) prioritize defined build-out obligations. The people with disabilities (braille, large
funding to those with the least Commission issued a Final Regulatory print, electronic files, audio format),
broadband deployment using the same Flexibility Analysis (FRFA) that send an email to fcc504@fcc.gov or call
data set as that utilized for the adjusted conforms to the Regulatory Flexibility the Consumer & Governmental Affairs
offer? Alternatively, if the Commission Act of 1980 (RFA), as amended. This Bureau at 202–418–0530 (voice), 202–
increases the budget by a smaller present Report and Order and Further 418–0432 (TTY).
amount, should the Bureau revise the Notice of Proposed Rulemaking
offers to an amount less than the III. Ordering Clauses
implements the framework previously
original offer? In that latter situation, the adopted by the Commission and seeks 8. It is further ordered, pursuant to the
Commission expects that the Bureau comment on additional funding to authority contained in sections 1, 2, 4(i),
would make a new offer, limited to the implement that framework. The 5, 10, 201–206, 214, 218–220, and 254
carriers that originally elected the first Commission promulgates no additional of the Communications Act of 1934, as
offer and accepted the revised offer; final rules, and our present action is, amended, and section 706 of the
those carriers would be free to choose therefore, not an RFA matter. Telecommunications Act of 1996, 47
whether to accept that new offer and the U.S.C. 151, 152, 154(i), 155, 160, 201–
associated broadband deployment 6. The proceeding this Notice initiates
shall be treated as a ‘‘permit-but- 206, 214, 218–220, 254, and 1302, and
obligations. sections 1.1, 1.3, 1.421, 1.427, and 1.429
3. The Commission notes that disclose’’ proceeding in accordance
with the Commission’s ex parte rules. of the Commission’s rules, 47 CFR 1.1,
commenters responding to the Bureau’s 1.3, 1.421, 1.427, and 1.429, that this
A–CAM Election Results Public Notice Persons making ex parte presentations
must file a copy of any written Further Notice of Proposed Rulemaking
uniformly support increasing the A– is adopted, effective thirty (30) days
CAM budget by more than $50 million. presentation or a memorandum
summarizing any oral presentation after publication of the text or summary
The Commission would need to
within two business days after the thereof in the Federal Register.
increase the overall high-cost budget by
an additional $110 million per year if all presentation (unless a different deadline Federal Communications Commission.
carriers elect the second offer, and by a applicable to the Sunshine period Marlene H. Dortch,
lesser amount if fewer do. The applies). Persons making oral ex parte Secretary.
Commission invites comment from all presentations are reminded that [FR Doc. 2017–00598 Filed 1–12–17; 8:45 am]
interested stakeholders on whether to memoranda summarizing the BILLING CODE 6712–01–P
enlarge the budget for A–CAM support, presentation must (1) list all persons
including the costs and benefits of attending or otherwise participating in
allocating limited funding for this the meeting at which the ex parte
particular purpose. presentation was made, and (2) DEPARTMENT OF COMMERCE
summarize all data presented and
II. Procedural Matters arguments made during the National Oceanic and Atmospheric
4. This document does not contain presentation. If the presentation Administration
new information collection consisted in whole or in part of the
requirements subject to the Paperwork presentation of data or arguments 50 CFR Parts 223 and 224
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS

Reduction Act of 1995 (PRA), Public already reflected in the presenter’s
Law 104–13. In addition, therefore, it written comments, memoranda or other RIN 0648–XF080
does not contain any new or modified filings in the proceeding, the presenter Endangered and Threatened Species;
information collection burden for small may provide citations to such data or Petition for Rulemaking To Establish a
business concerns with fewer than 25 arguments in his or her prior comments, Whale Protection Zone for Southern
employees, pursuant to the Small memoranda, or other filings (specifying Resident Killer Whales
Business Paperwork Relief Act of 2002, the relevant page and/or paragraph
Public Law 107–198, see 44 U.S.C. numbers where such data or arguments AGENCY: National Marine Fisheries
3506(c)(4). can be found) in lieu of summarizing Service (NMFS), National Oceanic and

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Document Created: 2017-01-13 02:44:30
Document Modified: 2017-01-13 02:44:30

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Notice of receipt of petition; request for comments.
Dates		The closing date for comments on the petition is April 13, 2017.
Contact		Lynne Barre, West Coast Regional Office, 206-526-4745.
FR Citation		82 FR 4276
RIN Number		0648-XF08
CFR Citation		50 CFR 223 50 CFR 224

82 FR 4276 - Endangered and Threatened Species; Petition for Rulemaking To Establish a Whale Protection Zone for Southern Resident Killer Whales

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 9 (January 13, 2017)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration