Subsistence Management Regulations for Public Lands in Alaska; Makhnati Island Area, 34696-34697 [E9-17052]

Download as PDF 34696 Federal Register / Vol. 74, No. 136 / Friday, July 17, 2009 / Rules and Regulations additional information collection requirements on the public under Public Law 96–511, ‘‘Paperwork Reduction Act’’ (44 U.S.C. Chapter 35). Public Law 104–4, Section 202, ‘‘Unfunded Mandates Reform Act’’ Section 202 of Public Law 104–4, ‘‘Unfunded Mandates Reform Act,’’ requires an analysis be performed to determine whether any federal mandate may result in the expenditure by State, local and tribal governments, in the aggregate, or by the private sector of $100 million in any one year. It has been certified that this final rule does not contain a federal mandate that may result in the expenditure by State, local and tribal governments, in aggregate, or by the private sector, of $100 million or more in any one year. Therefore, this final rule is not subject to this requirement. Executive Order 13132, ‘‘Federalism’’ Executive Order 13132, ‘‘Federalism,’’ requires an impact analysis be performed to determine whether the rule has federalism implications that would have substantial direct effects 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. It has been certified that this final rule does not have federalism implications, as set forth in Executive Order 13132. List of Subjects in 32 CFR Part 199 Claims, Dental health, Health care, Health insurance, Individuals with disabilities, Military personnel. Accordingly, 32 CFR part 199 is amended as follows: PART 199—[AMENDED] 1. The authority citation for part 199 continues to read as follows: ■ Authority: 5 U.S.C. 301; 10 U.S.C. Chapter 55. 2. Section 199.4 is amended by adding paragraph (e)(27) to read as follows: ■ § 199.4 Basic program benefit. pwalker on DSK8KYBLC1PROD with RULES * * * * * (e) * * * (27) TRICARE will cost share forensic examinations following a sexual assault or domestic violence. The forensic examination includes a history of the event and a complete physical and collection of forensic evidence, and medical and psychological follow-up care. The examination for sexual assault also includes, but is not limited to, a test kit to retrieve forensic evidence, testing for pregnancy, testing for sexually VerDate Nov<24>2008 16:22 Jul 16, 2009 Jkt 217001 transmitted disease and HIV, and medical services and supplies for prevention of sexually transmitted diseases, HIV, pregnancy, and counseling services. * * * * * Dated: July 14, 2009. Patricia L. Toppings, OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. E9–17060 Filed 7–16–09; 8:45 am] BILLING CODE 5001–06–P DEPARTMENT OF AGRICULTURE Forest Service 36 CFR Part 242 DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 100 [FWS–R7–SM–2008–0101; 70101–1335– 0064L6] Subsistence Management Regulations for Public Lands in Alaska; Makhnati Island Area AGENCIES: Forest Service, Agriculture; Fish and Wildlife Service, Interior. ACTION: Final rule; correction. SUMMARY: This document corrects 36 CFR 242.3 and 50 CFR 100.3 of the subsistence management regulations for public lands in Alaska, subpart A, Makhnati Island Area, which were published in the Federal Register of August 24, 2006. That rule, which became effective September 25, 2006, inadvertently omitted 190 acres of the Makhnati Island Area in the regulatory text. DATES: This correction is effective July 17, 2009. FOR FURTHER INFORMATION CONTACT: Chair, Federal Subsistence Board, c/o U.S. Fish and Wildlife Service, Attention: Peter J. Probasco, Office of Subsistence Management; (907) 786– 3888. For questions specific to National Forest System lands, contact Calvin H. Casipit, Subsistence Program Leader, USDA—Forest Service, Alaska Region, (907) 586–7918. SUPPLEMENTARY INFORMATION: On August 24, 2006, the Secretaries of Agriculture and the Interior published a final rule (71 FR 49997) that revised jurisdiction of the Federal Subsistence Management Program by adding submerged lands and waters in the area of Makhnati Island, near Sitka, Alaska. That rule, PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 which became effective September 25, 2006, inadvertently omitted 190 acres of the Makhnati Island Area which was withdrawn for use by the Federal Government in Executive Order 8216 (July 25, 1939). Executive Order 8216 was not rescinded until after statehood, so the submerged land did not transfer to the State at statehood. Since this submerged land is not included in any other withdrawal, reservation, or administrative set aside, the marine submerged lands, including any filled lands owned by the United States, are under the administration of the Bureau of Land Management and are included within the jurisdiction of the Federal Subsistence Management Program. Because this rule relates to public lands managed by an agency or agencies in both the Departments of Agriculture and the Interior, identical text is incorporated into 36 CFR part 242 and 50 CFR part 100. Administrative Procedure Act We find good cause to waive notice and comment on this correction, pursuant to 5 U.S.C. 533(b)(3)(B), and the 30-day delay in effective date, pursuant to 5 U.S.C. 553(d). Notice and comment are unnecessary because this correction is a minor, technical change in the description of the area already under Federal jurisdiction. The substance of the regulations remains unchanged. Therefore, this correction is being published as a final rule and is effective upon publication. List of Subjects 36 CFR Part 242 Administrative practice and procedure, Alaska, Fish, National forests, Public lands, Reporting and recordkeeping requirements, Wildlife. 50 CFR Part 100 Administrative practice and procedure, Alaska, Fish, National forests, Public lands, Reporting and recordkeeping requirements, Wildlife. ■ Accordingly, we amend title 36, part 242, and title 50, part 100, of the Code of Federal Regulations as follows: PART ____—SUBSISTENCE MANAGEMENT REGULATIONS FOR PUBLIC LANDS IN ALASKA 1. The authority citation for both 36 CFR part 242 and 50 CFR part 100 continues to read as follows: ■ Authority: 16 U.S.C. 3, 472, 551, 668dd, 3101–3126; 18 U.S.C. 3551–3586; 43 U.S.C. 1733. 2. Amend §__.3 by revising paragraph (b)(5) as follows: ■ E:\FR\FM\17JYR1.SGM 17JYR1 Federal Register / Vol. 74, No. 136 / Friday, July 17, 2009 / Rules and Regulations § ___.3 Applicability and scope. pwalker on DSK8KYBLC1PROD with RULES * * * * * (b) * * * (5) Southeastern Alaska—Makhnati Island Area: Land and waters beginning at the southern point of Fruit Island, 57°02′35″ north latitude, 135°21′07″ west longitude as shown on United States Coast and Geodetic Survey Chart No. 8244, May 21, 1941; from the point of beginning, by metes and bounds; S. 58° W., 2,500 feet, to the southern point of Nepovorotni Rocks; S. 83° W., 5,600 feet, on a line passing through the southern point of a small island lying about 150 feet south of Makhnati Island; N. 6° W., 4,200 feet, on a line passing through the western point of a small island lying about 150 feet west of Makhnati Island, to the northwestern point of Signal Island; N. 24° E., 3,000 feet, to a point, 57°03′15″ north latitude, 134°23′07″ west longitude; East, 2,900 feet, to a point in course No. 45 in meanders of U.S. Survey No. 1496, on west side of Japonski Island; southeasterly, with the meanders of Japonski Island, U.S. Survey No. 1,496 to angle point No. 35, on the southwestern point of Japonski Island; S. 60° E., 3,300 feet, along the boundary line of Naval reservation described in Executive Order No. 8216, July 25, 1939, to the point beginning, and that part of Sitka Bay lying south of Japonski Island and west of the main channel, but not including Aleutski Island as revoked in Public Land Order 925, October 27, 1953, described by metes and bounds as follows: Beginning at the southeast point of Japonski Island at angle point No. 7 of the meanders of U.S. Survey No. 1496; thence east approximately 12.00 chains to the center of the main channel; thence S. 45° E. along the main channel approximately 20.00 chains; thence S. 45° W. approximately 9.00 chains to the southeastern point of Aleutski Island; thence S. 79° W. approximately 40.00 chains to the southern point of Fruit Island; thence N. 60° W. approximately 50.00 chains to the southwestern point of Japonski Island at angle point No. 35 of U.S. Survey No 1496; thence easterly with the meanders of Japonski Island to the point of beginning including Charcoal, Harbor, Alice, Love, Fruit islands and a number of smaller unnamed islands. * * * * * VerDate Nov<24>2008 16:22 Jul 16, 2009 Jkt 217001 Dated: July 2, 2009. Ken Salazar, Secretary of the Interior, Department of the Interior. Dated: June 1, 2009. Dennis E. Bschor, Regional Forester, USDA-Forest Service. [FR Doc. E9–17052 Filed 7–16–09; 8:45 am] BILLING CODE 3410–11–P, 4310–55–P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket ID FEMA–2008–0020] Final Flood Elevation Determinations AGENCY: Federal Emergency Management Agency, DHS. ACTION: Final rule. SUMMARY: Base (1% annual chance) Flood Elevations (BFEs) and modified BFEs are made final for the communities listed below. The BFEs and modified BFEs are the basis for the floodplain management measures that each community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). DATES: The date of issuance of the Flood Insurance Rate Map (FIRM) showing BFEs and modified BFEs for each community. This date may be obtained by contacting the office where the maps are available for inspection as indicated in the table below. ADDRESSES: The final BFEs for each community are available for inspection at the office of the Chief Executive Officer of each community. The respective addresses are listed in the table below. FOR FURTHER INFORMATION CONTACT: William R. Blanton Jr., Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646–3151. SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency (FEMA) makes the final determinations listed below for the modified BFEs for each community listed. These modified elevations have been published in newspapers of local circulation and ninety (90) days have elapsed since that PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 34697 publication. The Assistant Administrator of the Mitigation Directorate has resolved any appeals resulting from this notification. This final rule is issued in accordance with section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part 67. FEMA has developed criteria for floodplain management in floodprone areas in accordance with 44 CFR part 60. Interested lessees and owners of real property are encouraged to review the proof Flood Insurance Study and FIRM available at the address cited below for each community. The BFEs and modified BFEs are made final in the communities listed below. Elevations at selected locations in each community are shown. National Environmental Policy Act. This final rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Consideration. An environmental impact assessment has not been prepared. Regulatory Flexibility Act. As flood elevation determinations are not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601–612, a regulatory flexibility analysis is not required. Regulatory Classification. This final rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735. Executive Order 13132, Federalism. This final rule involves no policies that have federalism implications under Executive Order 13132. Executive Order 12988, Civil Justice Reform. This final rule meets the applicable standards of Executive Order 12988. List of Subjects in 44 CFR Part 67 Administrative practice and procedure, Flood insurance, Reporting and recordkeeping requirements. ■ Accordingly, 44 CFR part 67 is amended as follows: PART 67—[AMENDED] 1. The authority citation for part 67 continues to read as follows: ■ Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376. § 67.11 [Amended] 2. The tables published under the authority of § 67.11 are amended as follows: ■ E:\FR\FM\17JYR1.SGM 17JYR1

Agencies

[Federal Register Volume 74, Number 136 (Friday, July 17, 2009)]
[Rules and Regulations]
[Pages 34696-34697]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-17052]


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DEPARTMENT OF AGRICULTURE

Forest Service

36 CFR Part 242

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 100

[FWS-R7-SM-2008-0101; 70101-1335-0064L6]


Subsistence Management Regulations for Public Lands in Alaska; 
Makhnati Island Area

AGENCIES: Forest Service, Agriculture; Fish and Wildlife Service, 
Interior.

ACTION: Final rule; correction.

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SUMMARY: This document corrects 36 CFR 242.3 and 50 CFR 100.3 of the 
subsistence management regulations for public lands in Alaska, subpart 
A, Makhnati Island Area, which were published in the Federal Register 
of August 24, 2006. That rule, which became effective September 25, 
2006, inadvertently omitted 190 acres of the Makhnati Island Area in 
the regulatory text.

DATES: This correction is effective July 17, 2009.

FOR FURTHER INFORMATION CONTACT: Chair, Federal Subsistence Board, c/o 
U.S. Fish and Wildlife Service, Attention: Peter J. Probasco, Office of 
Subsistence Management; (907) 786-3888. For questions specific to 
National Forest System lands, contact Calvin H. Casipit, Subsistence 
Program Leader, USDA--Forest Service, Alaska Region, (907) 586-7918.

SUPPLEMENTARY INFORMATION: On August 24, 2006, the Secretaries of 
Agriculture and the Interior published a final rule (71 FR 49997) that 
revised jurisdiction of the Federal Subsistence Management Program by 
adding submerged lands and waters in the area of Makhnati Island, near 
Sitka, Alaska. That rule, which became effective September 25, 2006, 
inadvertently omitted 190 acres of the Makhnati Island Area which was 
withdrawn for use by the Federal Government in Executive Order 8216 
(July 25, 1939). Executive Order 8216 was not rescinded until after 
statehood, so the submerged land did not transfer to the State at 
statehood. Since this submerged land is not included in any other 
withdrawal, reservation, or administrative set aside, the marine 
submerged lands, including any filled lands owned by the United States, 
are under the administration of the Bureau of Land Management and are 
included within the jurisdiction of the Federal Subsistence Management 
Program.
    Because this rule relates to public lands managed by an agency or 
agencies in both the Departments of Agriculture and the Interior, 
identical text is incorporated into 36 CFR part 242 and 50 CFR part 
100.

Administrative Procedure Act

    We find good cause to waive notice and comment on this correction, 
pursuant to 5 U.S.C. 533(b)(3)(B), and the 30-day delay in effective 
date, pursuant to 5 U.S.C. 553(d). Notice and comment are unnecessary 
because this correction is a minor, technical change in the description 
of the area already under Federal jurisdiction. The substance of the 
regulations remains unchanged. Therefore, this correction is being 
published as a final rule and is effective upon publication.

List of Subjects

36 CFR Part 242

    Administrative practice and procedure, Alaska, Fish, National 
forests, Public lands, Reporting and recordkeeping requirements, 
Wildlife.

50 CFR Part 100

    Administrative practice and procedure, Alaska, Fish, National 
forests, Public lands, Reporting and recordkeeping requirements, 
Wildlife.

0
Accordingly, we amend title 36, part 242, and title 50, part 100, of 
the Code of Federal Regulations as follows:

PART ----------SUBSISTENCE MANAGEMENT REGULATIONS FOR PUBLIC LANDS 
IN ALASKA

0
1. The authority citation for both 36 CFR part 242 and 50 CFR part 100 
continues to read as follows:

    Authority:  16 U.S.C. 3, 472, 551, 668dd, 3101-3126; 18 U.S.C. 
3551-3586; 43 U.S.C. 1733.


0
2. Amend Sec. ----.3 by revising paragraph (b)(5) as follows:

[[Page 34697]]

Sec.  ------.3   Applicability and scope.

* * * * *
    (b) * * *
    (5) Southeastern Alaska--Makhnati Island Area: Land and waters 
beginning at the southern point of Fruit Island, 57[deg]02'35'' north 
latitude, 135[deg]21'07'' west longitude as shown on United States 
Coast and Geodetic Survey Chart No. 8244, May 21, 1941; from the point 
of beginning, by metes and bounds; S. 58[deg] W., 2,500 feet, to the 
southern point of Nepovorotni Rocks; S. 83[deg] W., 5,600 feet, on a 
line passing through the southern point of a small island lying about 
150 feet south of Makhnati Island; N. 6[deg] W., 4,200 feet, on a line 
passing through the western point of a small island lying about 150 
feet west of Makhnati Island, to the northwestern point of Signal 
Island; N. 24[deg] E., 3,000 feet, to a point, 57[deg]03'15'' north 
latitude, 134[deg]23'07'' west longitude; East, 2,900 feet, to a point 
in course No. 45 in meanders of U.S. Survey No. 1496, on west side of 
Japonski Island; southeasterly, with the meanders of Japonski Island, 
U.S. Survey No. 1,496 to angle point No. 35, on the southwestern point 
of Japonski Island; S. 60[deg] E., 3,300 feet, along the boundary line 
of Naval reservation described in Executive Order No. 8216, July 25, 
1939, to the point beginning, and that part of Sitka Bay lying south of 
Japonski Island and west of the main channel, but not including 
Aleutski Island as revoked in Public Land Order 925, October 27, 1953, 
described by metes and bounds as follows: Beginning at the southeast 
point of Japonski Island at angle point No. 7 of the meanders of U.S. 
Survey No. 1496; thence east approximately 12.00 chains to the center 
of the main channel; thence S. 45[deg] E. along the main channel 
approximately 20.00 chains; thence S. 45[deg] W. approximately 9.00 
chains to the southeastern point of Aleutski Island; thence S. 79[deg] 
W. approximately 40.00 chains to the southern point of Fruit Island; 
thence N. 60[deg] W. approximately 50.00 chains to the southwestern 
point of Japonski Island at angle point No. 35 of U.S. Survey No 1496; 
thence easterly with the meanders of Japonski Island to the point of 
beginning including Charcoal, Harbor, Alice, Love, Fruit islands and a 
number of smaller unnamed islands.
* * * * *

    Dated: July 2, 2009.
Ken Salazar,
Secretary of the Interior, Department of the Interior.
    Dated: June 1, 2009.
Dennis E. Bschor,
Regional Forester, USDA-Forest Service.
[FR Doc. E9-17052 Filed 7-16-09; 8:45 am]
BILLING CODE 3410-11-P, 4310-55-P