Endangered and Threatened Species; Petition for Rulemaking To Establish a Whale Protection Zone for Southern Resident Killer Whales, 4276-4277 [2017-00437]
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Federal Register / Vol. 82, No. 9 / Friday, January 13, 2017 / Proposed Rules
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
comment on whether to allocate
additional high-cost funding to the
voluntary path to the model. Rate-ofreturn carriers that accept the second
offer of model-based support will do so
on the condition that they commit to
meet the deployment obligations of the
original offer if authorized no later than
December 31, 2017 to receive additional
A–CAM funding equivalent to the
original offer. The Commission therefore
seeks comment on whether the
Commission should further increase the
budget for A–CAM to provide the full
amount of the original offer for some or
all of those carriers that accepted the
second offer of model-based support.
2. The Commission seeks comment on
increasing the budget by a lesser
amount. If the increased budget for A–
CAM were insufficient to cover all
participants, should the Wireline
Competition Bureau (Bureau) prioritize
funding to those with the least
broadband deployment using the same
data set as that utilized for the adjusted
offer? Alternatively, if the Commission
increases the budget by a smaller
amount, should the Bureau revise the
offers to an amount less than the
original offer? In that latter situation, the
Commission expects that the Bureau
would make a new offer, limited to the
carriers that originally elected the first
offer and accepted the revised offer;
those carriers would be free to choose
whether to accept that new offer and the
associated broadband deployment
obligations.
3. The Commission notes that
commenters responding to the Bureau’s
A–CAM Election Results Public Notice
uniformly support increasing the A–
CAM budget by more than $50 million.
The Commission would need to
increase the overall high-cost budget by
an additional $110 million per year if all
carriers elect the second offer, and by a
lesser amount if fewer do. The
Commission invites comment from all
interested stakeholders on whether to
enlarge the budget for A–CAM support,
including the costs and benefits of
allocating limited funding for this
particular purpose.
II. Procedural Matters
4. This document does not contain
new information collection
requirements subject to the Paperwork
Reduction Act of 1995 (PRA), Public
Law 104–13. In addition, therefore, it
does not contain any new or modified
information collection burden for small
business concerns with fewer than 25
employees, pursuant to the Small
Business Paperwork Relief Act of 2002,
Public Law 107–198, see 44 U.S.C.
3506(c)(4).
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16:35 Jan 12, 2017
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5. In the April 2014 Connect America
FNPRM, 79 FR 39196, July 9, 2014, the
Commission proposed a framework for
a voluntary election by rate-of-return
carriers to receive model-based support
and tentatively concluded that such a
framework could achieve important
universal service benefits by creating
incentives for deployment of voice and
broadband-capable infrastructure. The
Commission sought written comment on
the proposal, including comment on the
Initial Regulatory Flexibility Analysis
(IRFA). The Commission did not receive
any comments on the April 2014
Connect America FNPRM IRFA. In the
Rate-of-Return Reform Order, 81 FR
24282, April 25, 2016, the Commission
adopted a voluntary path under which
rate-of-return carriers may elect to
receive model-based support for a term
of 10 years in exchange for meeting
defined build-out obligations. The
Commission issued a Final Regulatory
Flexibility Analysis (FRFA) that
conforms to the Regulatory Flexibility
Act of 1980 (RFA), as amended. This
present Report and Order and Further
Notice of Proposed Rulemaking
implements the framework previously
adopted by the Commission and seeks
comment on additional funding to
implement that framework. The
Commission promulgates no additional
final rules, and our present action is,
therefore, not an RFA matter.
6. The proceeding this Notice initiates
shall be treated as a ‘‘permit-butdisclose’’ proceeding in accordance
with the Commission’s ex parte rules.
Persons making ex parte presentations
must file a copy of any written
presentation or a memorandum
summarizing any oral presentation
within two business days after the
presentation (unless a different deadline
applicable to the Sunshine period
applies). Persons making oral ex parte
presentations are reminded that
memoranda summarizing the
presentation must (1) list all persons
attending or otherwise participating in
the meeting at which the ex parte
presentation was made, and (2)
summarize all data presented and
arguments made during the
presentation. If the presentation
consisted in whole or in part of the
presentation of data or arguments
already reflected in the presenter’s
written comments, memoranda or other
filings in the proceeding, the presenter
may provide citations to such data or
arguments in his or her prior comments,
memoranda, or other filings (specifying
the relevant page and/or paragraph
numbers where such data or arguments
can be found) in lieu of summarizing
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them in the memorandum. Documents
shown or given to Commission staff
during ex parte meetings are deemed to
be written ex parte presentations and
must be filed consistent with rule
1.1206(b). In proceedings governed by
rule 1.49(f) or for which the
Commission has made available a
method of electronic filing, written ex
parte presentations and memoranda
summarizing oral ex parte
presentations, and all attachments
thereto, must be filed through the
electronic comment filing system
available for that proceeding, and must
be filed in their native format (e.g., .doc,
.xml, .ppt, searchable .pdf). Participants
in this proceeding should familiarize
themselves with the Commission’s ex
parte rules.
7. People with Disabilities: To request
materials in accessible formats for
people with disabilities (braille, large
print, electronic files, audio format),
send an email to fcc504@fcc.gov or call
the Consumer & Governmental Affairs
Bureau at 202–418–0530 (voice), 202–
418–0432 (TTY).
III. Ordering Clauses
8. It is further ordered, pursuant to the
authority contained in sections 1, 2, 4(i),
5, 10, 201–206, 214, 218–220, and 254
of the Communications Act of 1934, as
amended, and section 706 of the
Telecommunications Act of 1996, 47
U.S.C. 151, 152, 154(i), 155, 160, 201–
206, 214, 218–220, 254, and 1302, and
sections 1.1, 1.3, 1.421, 1.427, and 1.429
of the Commission’s rules, 47 CFR 1.1,
1.3, 1.421, 1.427, and 1.429, that this
Further Notice of Proposed Rulemaking
is adopted, effective thirty (30) days
after publication of the text or summary
thereof in the Federal Register.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2017–00598 Filed 1–12–17; 8:45 am]
BILLING CODE 6712–01–P
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
National Marine Fisheries
Service (NMFS), National Oceanic and
AGENCY:
E:\FR\FM\13JAP1.SGM
13JAP1
Federal Register / Vol. 82, No. 9 / Friday, January 13, 2017 / Proposed Rules
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of receipt of petition;
request for comments.
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-20160152, 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,
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
SUMMARY:
VerDate Sep<11>2014
16:35 Jan 12, 2017
Jkt 241001
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
PO 00000
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Fmt 4702
Sfmt 9990
4277
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:
https://
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
E:\FR\FM\13JAP1.SGM
13JAP1
]]>Agencies
[Federal Register Volume 82, Number 9 (Friday, January 13, 2017)]
[Proposed Rules]
[Pages 4276-4277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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.
-----------------------------------------------------------------------
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: https://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
