Subsistence Management Regulations for Public Lands in Alaska-Subpart B, Federal Subsistence Board, 56109-56114 [2011-23243]

Download as PDF Federal Register / Vol. 76, No. 176 / Monday, September 12, 2011 / Rules and Regulations representatives to conduct business with us electronically at the times and in the manner we prescribe on matters for which the representatives request direct fee payment. However, we are not yet requiring them to use the electronic versions of specific OMB-approved collections. We will adjust the burden for affected OMB-approved collections before requiring representatives to use the collections’ electronic versions. (Catalog of Federal Domestic Assistance Program Nos. 96.001, Social SecurityDisability Insurance; 96.002, Social SecurityRetirement Insurance; 96.004, Social Security-Survivors Insurance; and 96.006, Supplemental Security Income) List of Subjects 20 CFR Part 404 Administrative practice and procedure, Blind, Disability benefits, Old-Age, Survivors, and Disability Insurance, Penalties, Reporting and recordkeeping requirements, Social Security. § 404.1740 Rules of conduct and standards of responsibility for representatives. * which the representative requests direct fee payment. (See § 416.1513). * * * * * [FR Doc. 2011–23232 Filed 9–9–11; 8:45 am] * * * * (b) * * * (2) * * * (vi) * * * In §§ 404.1560 through 404.1569, we discuss in more detail the evidence we need when we consider vocational factors; (3) * * * (ii) * * * This includes providing prompt and responsive answers to our requests for information pertinent to processing of the claim; and (4) Conduct business with us electronically at the times and in the manner we prescribe on matters for which the representative requests direct fee payment. (See § 404.1713). * * * * * PART 416—SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND DISABLED Subpart O—[Amended] 20 CFR Part 416 Authority: Secs. 702(a)(5), 1127, and 1631(d) of the Social Security Act (42 U.S.C. 902(a)(5), 1320a–6, and 1383(d)). Michael J. Astrue, Commissioner of Social Security. ■ For the reasons set out in the preamble, we are amending 20 CFR part 404 subpart R and part 416 subpart O as set forth below: 5. Add § 416.1513 to read as follows: § 416.1513 services. Mandatory use of electronic PART 404—FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE (1950– ) A representative must conduct business with us electronically at the times and in the manner we prescribe on matters for which the representative requests direct fee payment. (See § 416.1540(b)(4)). Subpart R—[Amended] ■ 1. The authority citation for subpart R of part 404 is revised to read as follows: ■ Authority: Secs. 205(a), 206, 702(a)(5), and 1127 of the Social Security Act (42 U.S.C. 405(a), 406, 902(a)(5), and 1320a–6). ■ 2. Add § 404.1713 to read as follows: emcdonald on DSK5VPTVN1PROD with RULES § 404.1713 services. A representative must conduct business with us electronically at the times and in the manner we prescribe on matters for which the representative requests direct fee payment. (See § 404.1740(b)(4)). 3. Amend § 404.1740 by revising the second sentence of paragraph (b)(2)(vi) and the second sentence of paragraph (b)(3)(ii), and adding paragraph (b)(4), to read as follows: ■ VerDate Mar<15>2010 16:09 Sep 09, 2011 Jkt 223001 6. Amend § 416.1540 by revising the second sentence of paragraph (b)(2)(vi) and the second sentence of paragraph (b)(3)(ii), and adding paragraph (b)(4), to read as follows: § 416.1540 Rules of conduct and standards of responsibility for representatives. * Mandatory use of electronic * * * * (b) * * * (2) * * * (vi) * * * In §§ 416.960 through 416.969, we discuss in more detail the evidence we need when we consider vocational factors; (3) * * * (ii) * * * This includes providing prompt and responsive answers to our requests for information pertinent to processing of the claim; and (4) Conduct business with us electronically at the times and in the manner we prescribe on matters for PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 BILLING CODE 4191–02–P DEPARTMENT OF AGRICULTURE Forest Service 36 CFR Part 242 DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 100 [Docket No. FWS–R7–SM–2011–0004; 70101–1261–0000L6] RIN 1018–AX52 Subsistence Management Regulations for Public Lands in Alaska—Subpart B, Federal Subsistence Board Forest Service, Agriculture; Fish and Wildlife Service, Interior. ACTION: Final rule. AGENCIES: 4. The authority citation for subpart O of part 416 is revised to read as follows: ■ Administrative practice and procedure, Penalties, Reporting and recordkeeping requirements, Supplemental Security Income (SSI). 56109 This final rule revises the regulations concerning the composition of the Federal Subsistence Board (Board). On October 23, 2009, the Secretary of the Interior announced the initiation of a Departmental review of the Federal Subsistence Management Program in Alaska. The review focused on how the program is meeting the purposes and subsistence provisions of Title VIII of the Alaska National Interest Lands Conservation Act of 1980 (ANILCA), and how the program is serving rural subsistence users. The review proposed several administrative and regulatory changes to strengthen the program and make it more responsive to rural subsistence users. This rule expands the Federal Subsistence Board by two public members who possess personal knowledge of and direct experience with subsistence uses in rural Alaska. This action will afford additional stakeholder input to the process. SUMMARY: DATES: This rule is effective October 12, 2011. The Board meeting transcripts are available for review at the Office of Subsistence Management, 1011 East Tudor Road, Mail Stop 121, Anchorage, Alaska 99503, on https:// www.regulations.gov at Docket No. FWS–R7–SM–2011–0004, or on the Office of Subsistence Management Web site (https://alaska.fws.gov/asm/ index.cfml). ADDRESSES: E:\FR\FM\12SER1.SGM 12SER1 56110 Federal Register / Vol. 76, No. 176 / Monday, September 12, 2011 / Rules and Regulations FOR FURTHER INFORMATION CONTACT: emcdonald on DSK5VPTVN1PROD with RULES Chair, Federal Subsistence Board, c/o U.S. Fish and Wildlife Service, Attention: Dr. Polly Wheeler, Office of Subsistence Management; (907) 786– 3888 or subsistence@fws.gov. For questions specific to National Forest System lands, contact Steve Kessler, Subsistence Program Leader, USDA, Forest Service, Alaska Region, (907) 743–9461 or skessler@fs.fed.us. SUPPLEMENTARY INFORMATION: Background Under Title VIII of the Alaska National Interest Lands Conservation Act (ANILCA) (16 U.S.C. 3111–3126), the Secretary of the Interior and the Secretary of Agriculture (Secretaries) jointly implement the Federal Subsistence Management Program. This program provides a preference for take of fish and wildlife resources for subsistence uses on Federal public lands and waters in Alaska. The Secretaries published temporary regulations to carry out this program in the Federal Register on June 29, 1990 (55 FR 27114), and final regulations were published in the Federal Register on May 29, 1992 (57 FR 22940). The Program has subsequently amended these regulations a number of times. Because this program is a joint effort between Interior and Agriculture, these regulations are located in two titles of the Code of Federal Regulations (CFR): Title 36, ‘‘Parks, Forests, and Public Property,’’ and Title 50, ‘‘Wildlife and Fisheries,’’ at 36 CFR 242.1–28 and 50 CFR 100.1–28, respectively. The regulations contain subparts as follows: Subpart A, General Provisions; Subpart B, Program Structure; Subpart C, Board Determinations; and Subpart D, Subsistence Taking of Fish and Wildlife. Consistent with subpart B of these regulations, the Secretaries established a Federal Subsistence Board to administer the Federal Subsistence Management Program. The Board is currently made up of: • A Chair appointed by the Secretary of the Interior with concurrence of the Secretary of Agriculture; • The Alaska Regional Director, U.S. Fish and Wildlife Service; • The Alaska Regional Director, U.S. National Park Service; • The Alaska State Director, U.S. Bureau of Land Management; • The Alaska Regional Director, U.S. Bureau of Indian Affairs; and • The Alaska Regional Forester, U.S. Forest Service. Through the Board, these agencies participate in the development of regulations for subparts C and D, which, among other things, set forth program VerDate Mar<15>2010 16:09 Sep 09, 2011 Jkt 223001 eligibility and specific harvest seasons and limits. In administering the program, the Secretaries divided Alaska into 10 subsistence resource regions, each of which is represented by a Subsistence Regional Advisory Council (Council). The Councils provide a forum for rural residents with personal knowledge of local conditions and resource requirements to have a meaningful role in the subsistence management of fish and wildlife on Federal public lands in Alaska. The Council members represent varied geographical, cultural, and user interests within each region. Current Rule On October 23, 2009, Secretary of the Interior Salazar announced the initiation of a Departmental review of the Federal Subsistence Management Program in Alaska. The review focused on how the Program is meeting the purposes and subsistence provisions of Title VIII of the Alaska National Interest Lands Conservation Act of 1980 (ANILCA), and how the Program is serving rural subsistence users as envisioned when the program began in the early 1990s. On August 31, 2010, the Secretaries announced the findings of the review, which included several proposed administrative and regulatory changes to strengthen the Program and make it more responsive to those who rely on it for their subsistence uses. One proposal called for adding two public members representing rural Alaskan subsistence users to the Federal Subsistence Board, which would allow additional regional representation and increased stakeholder input in the decisionmaking process. The Departments published a proposed rule on February 11, 2011 (76 FR 7758), to amend the regulations in subpart B of 36 CFR part 242 and 50 CFR part 100, ‘‘Federal Subsistence Board.’’ The proposed rule opened a comment period, which closed on April 12, 2011. The Departments advertised the proposed rule by mail, radio, and newspaper. During the meeting period for the Federal Subsistence Regional Advisory Councils as published in the proposed rule, the Councils met and, in addition to other Council business, formulated recommendations to the Board on the proposed rule and received comments and suggestions from the public and Alaska Native organizations. The Board met on May 3, 2011, to receive additional comments and to discuss recommendations to the Secretaries on the proposed rule. The Board received a total of 6 comments from the public, 7 from Alaska Native PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 organizations, 2 from subsistence resource commissions, 3 from State advisory committees, and 10 from Federal Subsistence Regional Advisory Councils. All comments were posted at https://www.regulations.gov at Docket No. FWS–R7–SM–2011–0004. The Councils had a substantial role in reviewing the proposed rule and making recommendations for the final rule. Moreover, a Council Chair, or a designated representative, presented each Council’s recommendations at the Board meeting of May 3, 2011. These final regulations reflect Board review and consideration of Council recommendations and public and Alaska Native organizations’ comments. The public received extensive opportunity to review and comment on all proposed changes. Conforming regulatory changes are also made to clarify the designation of alternates for Board members representing Federal agencies and to increase the size of a quorum. Summary of Comments and Board Recommendation to the Secretaries The Board received a total of 28 public comments. All but two supported the addition of two members to the Board. One comment was neutral, and another opposed the proposed rule. Both of these comments recommended that the Board membership be changed to be comprised solely of members of the public or Alaska Natives with no Federal agency representation. All 10 Federal Subsistence Regional Advisory Councils supported the proposed rule. While the majority of comments supported the proposed rule, a majority also recommended that the proposed language be changed from ‘‘* * * two public members representing rural Alaskan subsistence users * * *’’ to ‘‘* * * two public members who are rural Alaskan subsistence users * * *’’. After careful review of all public, Tribal, and Native Corporation comments and consideration of the Councils’ recommendations, the Board recommended the above language to the Secretaries. The Board’s justification for this recommended modification to the language in the proposed rule was: • To truly represent subsistence users, public members need to be actively participating in the subsistence way of life; • With the exception of the Chair, active subsistence users are not represented on this Board, but their knowledge and current hunting, fishing, and gathering experience would clearly benefit this Board; and E:\FR\FM\12SER1.SGM 12SER1 Federal Register / Vol. 76, No. 176 / Monday, September 12, 2011 / Rules and Regulations emcdonald on DSK5VPTVN1PROD with RULES • This recommendation would demonstrate a genuine commitment to listening to what the Board heard through the public comment process on the proposed rule. In addition to recommendations and comments on the proposed regulatory language, the Councils’ and public comments recommended several selection criteria for new public Board members. While these criteria was not addressed in the proposed rule, the Board consolidated these recommendations and forwarded them to the Secretaries. On July 25, 2011, Secretary of the Interior Salazar, with concurrence of Secretary of Agriculture Vilsack, notified the Federal Subsistence Board that they approved the addition of two public members to the Board with the following language, ‘‘ * * * two public members who possess personal knowledge of and direct experience with subsistence uses in rural Alaska * * * ’’. The approved language, while differing slightly from the Board’s recommendation, captures the intent of the Board and recommendations made by the Councils, and the majority of comments from Alaska Native organizations and members of the public. The Secretaries responded positively to the recommended selection criteria for public members to the Board. regulations, the Secretaries, through the Board, have provided Federally recognized Tribes and Alaska Native corporations an opportunity to consult on this rule. The Board engaged in outreach efforts for this rule, including a notification letter, to ensure that Tribes and Alaska Native corporations were advised of the mechanisms by which they could participate. The Board provided a variety of opportunities for consultation: Commenting on proposed changes to the existing rule; engaging in dialogue at the Regional Council meetings; engaging in dialogue at the Board’s meetings; and providing input in person, by mail, email, or phone at any time during the rulemaking process. The Board is committed to efficiently and adequately providing opportunities to Tribes and Alaska Native corporations for consultation with regard to subsistence rulemaking. The Board considered Tribes’ and Alaska Native corporations’ information, input, and recommendations, and addressed their concerns as much as practicable. A total of seven Alaska Native organizations provided comments and recommendations on this rule. Tribal Consultation and Comment As expressed in Executive Order 13175, ‘‘Consultation and Coordination with Indian Tribal Governments,’’ the Federal officials that have been delegated authority by the Secretaries are committed to honoring the unique government-to-government political relationship that exists between the Federal Government and Federally Recognized Indian Tribes (Tribes) as listed in 75 FR 60810 (October 1, 2010) and the relationship required by statute for consultation and coordination with Alaska Native corporations. Consultation with Alaska Native corporations is based on Public Law 108–199, div. H, Sec. 161, Jan. 23, 2004, 118 Stat. 452, as amended by Public Law 108–447, div. H, title V, Sec. 518, Dec. 8, 2004, 118 Stat. 3267, which provides that: ‘‘The Director of the Office of Management and Budget and all Federal agencies shall hereafter consult with Alaska Native corporations on the same basis as Indian Tribes under Executive Order No. 13175.’’ Title VIII of the Alaska National Interest Lands Conservation Act does not provide rights to Tribes for the subsistence taking of wildlife, fish, and shellfish. However, because Tribal members are affected by subsistence Administrative Procedure Act Compliance The Board has provided extensive opportunity for public input and involvement in compliance with Administrative Procedure Act requirements, including publishing a proposed rule in the Federal Register, and receiving public comment on the proposed regulatory change through https://www.regulations.gov. There were also opportunities for participation during multiple Regional Council meetings at which Council recommendations were made in consideration of public comments received and opportunity for additional public comment during the Board meeting prior to deliberation and forming a recommendation to the Secretaries. Therefore, the Board believes that sufficient public notice and opportunity for involvement have been given to affected persons regarding the Board’s recommendation and the Secretaries’ decision. VerDate Mar<15>2010 16:09 Sep 09, 2011 Jkt 223001 Conformance With Statutory and Regulatory Authorities National Environmental Policy Act Compliance A Draft Environmental Impact Statement that described four alternatives for developing a Federal Subsistence Management Program was PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 56111 distributed for public comment on October 7, 1991. The Final Environmental Impact Statement (FEIS) was published on February 28, 1992. Based on the public comments received, the analysis contained in the FEIS, and the recommendations of the Federal Subsistence Board and the Department of the Interior’s Subsistence Policy Group, the Secretary of the Interior, with the concurrence of the Secretary of Agriculture, through the U.S. Department of Agriculture–Forest Service, selected Alternative IV as identified in the DEIS and FEIS. The Record of Decision (ROD) on Subsistence Management for Federal Public Lands in Alaska was signed April 6, 1992. The selected alternative in the FEIS (Alternative IV) defined the administrative framework of an annual regulatory cycle for subsistence regulations. Several alternatives were considered for the composition of the Board including all Federal agency heads and all public members representing subsistence users. This regulation adding two additional public members to the Board falls within the scope of alternatives. For this reason, the impacts described in the FEIS and ROD are deemed sufficient for this regulation and require no further analysis. Even in the absence of the consideration of alternatives in the existing programmatic FEIS and ROD, no further NEPA analysis would be required in this instance. There are two reasons for this. The first is that this action is merely administrative in nature and has no environmental impact. The second is that activities of this nature are categorically excluded from the requirements of NEPA under both Department of the Interior (DOI) regulations and Department of Agriculture (USDA) regulations. Specifically, DOI regulations at 43 CFR 46.210 set forth categorical exclusions for both internal organizational changes and the adoption of regulations that are of an administrative nature. Similarly, USDA regulations at 7 CFR 1b.3(a) provide a categorical exclusion for routine activities such as personnel and organizational changes, and similar administrative functions. The final rule for subsistence management regulations for public lands in Alaska, subparts A, B, and C, implemented the Federal Subsistence Management Program and included a framework for a regulatory cycle for the subsistence taking of wildlife and fish. The following Federal Register documents pertain to this rulemaking: E:\FR\FM\12SER1.SGM 12SER1 56112 Federal Register / Vol. 76, No. 176 / Monday, September 12, 2011 / Rules and Regulations SUBSISTENCE MANAGEMENT REGULATIONS FOR PUBLIC LANDS IN ALASKA, SUBPARTS A, B, AND C: FEDERAL REGISTER DOCUMENTS PERTAINING TO THE FINAL RULE Date of publication Category Details 57 FR 22940 .................... May 29, 1992 .................................. Final Rule ....................... 64 FR 1276 ...................... January 8, 1999 .............................. Final Rule ....................... 66 FR 31533 .................... June 12, 2001 ................................. Interim Rule .................... 67 FR 30559 .................... May 7, 2002 .................................... Final Rule ....................... 68 FR 7703 ...................... February 18, 2003 .......................... Direct Final Rule ............ 68 FR 23035 .................... April 30, 2003 ................................. Affirmation of Direct Final Rule. 69 FR 60957 .................... October 14, 2004 ............................ Final Rule ....................... 70 FR 76400 .................... December 27, 2005 ........................ Final Rule ....................... 71 FR 49997 .................... August 24, 2006 ............................. Final Rule ....................... 72 FR 25688 .................... 75 FR 63088 .................... emcdonald on DSK5VPTVN1PROD with RULES Federal Register citation May 7, 2007 .................................... October 14, 2010 ............................ Final Rule ....................... Final Rule ....................... ‘‘Subsistence Management Regulations for Public Lands in Alaska; Final Rule’’ was published in the Federal Register. Amended the regulations to include subsistence activities occurring on inland navigable waters in which the United States has a reserved water right and to identify specific Federal land units where reserved water rights exist. Extended the Federal Subsistence Board’s management to all Federal lands selected under the Alaska Native Claims Settlement Act and the Alaska Statehood Act and situated within the boundaries of a Conservation System Unit, National Recreation Area, National Conservation Area, or any new national forest or forest addition, until conveyed to the State of Alaska or to an Alaska Native Corporation. Specified and clarified the Secretaries’ authority to determine when hunting, fishing, or trapping activities taking place in Alaska off the public lands interfere with the subsistence priority. Expanded the authority that the Board may delegate to agency field officials and clarified the procedures for enacting emergency or temporary restrictions, closures, or openings. Amended the operating regulations in response to comments on the June 12, 2001, interim rule. Also corrected some inadvertent errors and oversights of previous rules. Clarified how old a person must be to receive certain subsistence use permits and removed the requirement that Regional Councils must have an odd number of members. Because no adverse comments were received on the direct final rule (67 FR 30559), the direct final rule was adopted. Clarified the membership qualifications for Regional Advisory Council membership and relocated the definition of ‘‘regulatory year’’ from subpart A to subpart D of the regulations. Revised jurisdiction in marine waters and clarified jurisdiction relative to military lands. Revised the jurisdiction of the subsistence program by adding submerged lands and waters in the area of Makhnati Island, near Sitka, AK. This allowed subsistence users to harvest marine resources in this area under seasons, harvest limits, and methods specified in the regulations. Revised nonrural determinations. Amended the regulations for accepting and addressing special action requests and the role of the Regional Advisory Councils in the process. An environmental assessment was prepared in 1997 on the expansion of Federal jurisdiction over fisheries and is available from the office listed under FOR FURTHER INFORMATION CONTACT. The Secretary of the Interior with the concurrence of the Secretary of Agriculture determined that the expansion of Federal jurisdiction did not constitute a major Federal action significantly affecting the human environment and, therefore, signed a Finding of No Significant Impact. VerDate Mar<15>2010 16:09 Sep 09, 2011 Jkt 223001 Section 810 of ANILCA An ANILCA § 810 analysis was completed as part of the FEIS process on the Federal Subsistence Management Program. The intent of all Federal subsistence regulations is to accord subsistence uses of fish and wildlife on public lands a priority over the taking of fish and wildlife on such lands for other purposes, unless restriction is necessary to conserve healthy fish and wildlife populations. The final § 810 analysis determination appeared in the PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 April 6, 1992, ROD and concluded that the Program, under Alternative IV with an annual process for setting subsistence regulations, may have some local impacts on subsistence uses, but will not likely restrict subsistence uses significantly. During the subsequent environmental assessment process for extending fisheries jurisdiction, an evaluation of the effects of this rule was conducted in accordance with § 810. That evaluation also supported the Secretaries’ determination that the rule E:\FR\FM\12SER1.SGM 12SER1 Federal Register / Vol. 76, No. 176 / Monday, September 12, 2011 / Rules and Regulations will not reach the ‘‘may significantly restrict’’ threshold that would require notice and hearings under ANILCA § 810(a). Paperwork Reduction Act An agency may not conduct or sponsor and you are not required to respond to a collection of information unless it displays a currently valid Office of Management and Budget (OMB) control number. This rule does not contain any new collections of information that require OMB approval. OMB has reviewed and approved the following collections of information associated with the subsistence regulations at 36 CFR part 242 and 50 CFR part 100: Subsistence hunting and fishing applications, permits, and reports, Federal Subsistence Regional Advisory Council Membership Application/Nomination and Interview Forms (OMB Control No. 1018–0075 expires January 31, 2013). emcdonald on DSK5VPTVN1PROD with RULES Regulatory Planning and Review (Executive Order 12866) The Office of Management and Budget (OMB) has determined that this rule is not significant and has not reviewed this rule under Executive Order 12866. OMB bases its determination upon the following four criteria: (a) Whether the rule will have an annual effect of $100 million or more on the economy or adversely affect an economic sector, productivity, jobs, the environment, or other units of the government. (b) Whether the rule will create inconsistencies with other agencies’ actions. (c) Whether the rule will materially affect entitlements, grants, user fees, loan programs, or the rights and obligations of their recipients. (d) Whether the rule raises novel legal or policy issues. Regulatory Flexibility Act The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.) requires preparation of flexibility analyses for rules that will have a significant effect on a substantial number of small entities, which include small businesses, organizations, or governmental jurisdictions. In general, the resources to be harvested under this rule are already being harvested and consumed by the local harvester and do not result in an additional dollar benefit to the economy. However, we estimate that two million pounds of meat are harvested by subsistence users annually and, if given an estimated dollar value of $3.00 per pound, this amount would equate to about $6 million in food value VerDate Mar<15>2010 16:09 Sep 09, 2011 Jkt 223001 statewide. Based upon the amounts and values cited above, the Departments certify that this rulemaking will not have a significant economic effect on a substantial number of small entities within the meaning of the Regulatory Flexibility Act. Small Business Regulatory Enforcement Fairness Act Under the Small Business Regulatory Enforcement Fairness Act (5 U.S.C. 801 et seq.), this rule is not a major rule. It does not have an effect on the economy of $100 million or more, will not cause a major increase in costs or prices for consumers, and does 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. Executive Order 12630 Title VIII of ANILCA requires the Secretaries to administer a subsistence priority on public lands. The scope of this Program is limited by definition to certain public lands. Likewise, these regulations have no potential takings of private property implications as defined by Executive Order 12630. Unfunded Mandates Reform Act The Secretaries have determined and certify pursuant to the Unfunded Mandates Reform Act, 2 U.S.C. 1502 et seq., that this rulemaking will not impose a cost of $100 million or more in any given year on local or State governments or private entities. The implementation of this rule is by Federal agencies and there is no cost imposed on any State or local entities or Tribal governments. Executive Order 12988 The Secretaries have determined that these regulations meet the applicable standards provided in §§ 3(a) and 3(b)(2) of Executive Order 12988, regarding civil justice reform. Executive Order 13132 In accordance with Executive Order 13132, the rule does not have sufficient Federalism implications to warrant the preparation of a Federalism Assessment. Title VIII of ANILCA precludes the State from exercising subsistence management authority over fish and wildlife resources on Federal lands unless it meets certain requirements. 56113 However, the Board provided Federally recognized Tribes and Alaska Native Corporations an opportunity to consult on this rule. Consultation with Alaska Native Corporations is based on Public Law 108–199, div. H, Sec. 161, Jan. 23, 2004, 118 Stat. 452, as amended by Public Law 108–447, div. H, title V, Sec. 518, Dec. 8, 2004, 118 Stat. 3267, which provides that: ‘‘The Director of the Office of Management and Budget and all Federal agencies shall hereafter consult with Alaska Native Corporations on the same basis as Indian Tribes under Executive Order No. 13175.’’ The Secretaries, through the Board, provided a variety of opportunities for Tribal consultation: commenting on proposed changes to the existing rule; engaging in dialogue at the Regional Council meetings; engaging in dialogue at the Board’s meetings; and providing input in person, by mail, e-mail, or phone at any time during this rulemaking process. Executive Order 13211 This Executive Order requires agencies to prepare Statements of Energy Effects when undertaking certain actions. However, this rule is not a significant regulatory action under E.O. 13211, affecting energy supply, distribution, or use, and no Statement of Energy Effects is required. Drafting Information Theo Matuskowitz drafted these regulations under the guidance of Dr. Polly Wheeler of the Office of Subsistence Management, Alaska Regional Office, U.S. Fish and Wildlife Service, Anchorage, Alaska. Additional assistance was provided by: • Daniel Sharp, Alaska State Office, Bureau of Land Management; • Sandy Rabinowitch and Nancy Swanton, Alaska Regional Office, National Park Service; • Dr. Glenn Chen, Alaska Regional Office, Bureau of Indian Affairs; • Jerry Berg, Alaska Regional Office, U.S. Fish and Wildlife Service; and • Steve Kessler, Alaska Regional Office, U.S. Forest Service. List of Subjects 36 CFR Part 242 Administrative practice and procedure, Alaska, Fish, National forests, Public lands, Reporting and recordkeeping requirements, Wildlife. Executive Order 13175 50 CFR Part 100 The Alaska National Interest Lands Conservation Act does not provide rights to Tribes for the subsistence taking of wildlife, fish, and shellfish. Administrative practice and procedure, Alaska, Fish, National forests, Public lands, Reporting and recordkeeping requirements, Wildlife. PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\12SER1.SGM 12SER1 56114 Federal Register / Vol. 76, No. 176 / Monday, September 12, 2011 / Rules and Regulations Regulation Promulgation For the reasons set out in the preamble, the Federal Subsistence Board amends title 36, part 242, and title 50, part 100, of the Code of Federal Regulations, as set forth below. 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: ■ Subpart B—Program Structure 2. Amend § __.10 by revising paragraphs (b)(1) and (d)(2) to read as follows: ■ Federal Subsistence Board. * * * * (b) * * * (1) The voting members of the Board are: A Chair to be appointed by the Secretary of the Interior with the concurrence of the Secretary of Agriculture; two public members who possess personal knowledge of and direct experience with subsistence uses in rural Alaska to be appointed by the Secretary of the Interior with the concurrence of the Secretary of Agriculture; the Alaska Regional Director, U.S. Fish and Wildlife Service; Alaska Regional Director, National Park Service; Alaska Regional Forester, U.S. Forest Service; the Alaska State Director, Bureau of Land Management; and the Alaska Regional Director, Bureau of Indian Affairs. Each Federal agency member of the Board may appoint a designee. * * * * * (d) * * * (2) A quorum consists of five members. * * * * * emcdonald on DSK5VPTVN1PROD with RULES * Dated: August 31, 2011. Ken Salazar, Secretary of the Interior, Department of the Interior. Dated: August 16, 2011. Beth G. Pendleton, Regional Forester, USDA—Forest Service. [FR Doc. 2011–23243 Filed 9–9–11; 8:45 am] BILLING CODE 4310–55–P; 3410–11–P VerDate Mar<15>2010 16:09 Sep 09, 2011 Jkt 223001 40 CFR Part 52 [EPA–R09–OAR–2011–0733; FRL–9462–1] Interim Final Determination to Stay and Defer Sanctions, San Joaquin Valley Unified Air Pollution Control District Environmental Protection Agency (EPA). ACTION: Interim final rule. AGENCY: EPA is making an interim final determination to stay the imposition of offset sanctions and to defer the imposition of highway sanctions based on a proposed approval of revisions to the San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD) portion of the California State Implementation Plan (SIP) published elsewhere in this Federal Register. The revisions concern SJVUAPCD Rule 4684, Polyester Resin Operations. DATES: This interim final determination is effective on September 12, 2011. However, comments will be accepted until October 12, 2011. ADDRESSES: Submit comments, identified by docket number EPA–R09– OAR–2011–0733, by one of the following methods: 1. Federal eRulemaking Portal: https://www.regulations.gov. Follow the on-line instructions. 2. E-mail: steckel.andrew@epa.gov. 3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 94105–3901. Instructions: All comments will be included in the public docket without change and may be made available online at https://www.regulations.gov, including any personal information provided, unless the comment includes Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Information that you consider CBI or otherwise protected should be clearly identified as such and should not be submitted through https://www.regulations.gov or e-mail. https://www.regulations.gov is an ‘‘anonymous access’’ system, and EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send email directly to EPA, your e-mail address will be automatically captured and included as part of the public comment. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. SUMMARY: Authority: 16 U.S.C. 3, 472, 551, 668dd, 3101–3126; 18 U.S.C. 3551–3586; 43 U.S.C. 1733. § __.10 ENVIRONMENTAL PROTECTION AGENCY PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 Docket: Generally, documents in the docket for this action are available electronically at https:// www.regulations.gov and in hard copy at EPA Region IX, 75 Hawthorne Street, San Francisco, California. While all documents in the docket are listed at https://www.regulations.gov, some information may be publicly available only at the hard copy location (e.g., copyrighted material, large maps), and some may not be publicly available in either location (e.g., CBI). To inspect the hard copy materials, please schedule an appointment during normal business hours with the contact listed in the FOR FURTHER INFORMATION CONTACT section. FOR FURTHER INFORMATION CONTACT: David Grounds, EPA Region IX, (415) 972–3019, grounds.david@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, ‘‘we,’’ ‘‘us’’ and ‘‘our’’ refer to EPA. I. Background On January 26, 2010 (75 FR 3996), we published a limited approval and limited disapproval of SJVUAPCD Rule 4684, as adopted locally on September 20, 2007 and submitted by the State on March 7, 2008. We based our limited disapproval action on certain deficiencies in the submittal. This disapproval action started a sanctions clock for imposition of sanctions pursuant to section 179 of the Clean Air Act (CAA) and our regulations at 40 CFR 52.31. Under 40 CFR 52.31(d)(1), offset sanctions apply eighteen months after the effective date of a disapproval and highway sanctions apply six months after the offset sanctions, unless we determine that the deficiencies forming the basis of the disapproval have been corrected. On August 18, 2011, SJVUAPCD adopted revisions to Rule 4684 that were intended to correct the deficiencies identified in our limited disapproval action. On July 22, 2011, the State submitted a proposed rule with request for parallel processing to EPA. In the Proposed Rules section of today’s Federal Register, we have proposed full approval of the rule once we receive the final adopted version as a revision to the California SIP because we believe it corrects the deficiencies for SJVUAPCD Rule 4684 identified in our January 26, 2010 disapproval action. Based on today’s proposed approval, we are taking this final rulemaking action, effective on publication, to stay the imposition of the offset sanctions and to defer the imposition of the highway sanctions triggered by our January 26, 2010 limited disapproval. This action only addresses SJVUAPCD Rule 4684. E:\FR\FM\12SER1.SGM 12SER1

Agencies

[Federal Register Volume 76, Number 176 (Monday, September 12, 2011)]
[Rules and Regulations]
[Pages 56109-56114]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-23243]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Forest Service

36 CFR Part 242

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 100

[Docket No. FWS-R7-SM-2011-0004; 70101-1261-0000L6]
RIN 1018-AX52

Subsistence Management Regulations for Public Lands in Alaska--
Subpart B, Federal Subsistence Board

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This final rule revises the regulations concerning the
composition of the Federal Subsistence Board (Board). On October 23,
2009, the Secretary of the Interior announced the initiation of a
Departmental review of the Federal Subsistence Management Program in
Alaska. The review focused on how the program is meeting the purposes
and subsistence provisions of Title VIII of the Alaska National
Interest Lands Conservation Act of 1980 (ANILCA), and how the program
is serving rural subsistence users. The review proposed several
administrative and regulatory changes to strengthen the program and
make it more responsive to rural subsistence users. This rule expands
the Federal Subsistence Board by two public members who possess
personal knowledge of and direct experience with subsistence uses in
rural Alaska. This action will afford additional stakeholder input to
the process.

DATES: This rule is effective October 12, 2011.

ADDRESSES: The Board meeting transcripts are available for review at
the Office of Subsistence Management, 1011 East Tudor Road, Mail Stop
121, Anchorage, Alaska 99503, on https://www.regulations.gov at Docket
No. FWS-R7-SM-2011-0004, or on the Office of Subsistence Management Web
site (https://alaska.fws.gov/asm/index.cfml).

[[Page 56110]]

FOR FURTHER INFORMATION CONTACT: Chair, Federal Subsistence Board, c/o
U.S. Fish and Wildlife Service, Attention: Dr. Polly Wheeler, Office of
Subsistence Management; (907) 786-3888 or subsistence@fws.gov. For
questions specific to National Forest System lands, contact Steve
Kessler, Subsistence Program Leader, USDA, Forest Service, Alaska
Region, (907) 743-9461 or skessler@fs.fed.us.

SUPPLEMENTARY INFORMATION:

Background

Under Title VIII of the Alaska National Interest Lands Conservation
Act (ANILCA) (16 U.S.C. 3111-3126), the Secretary of the Interior and
the Secretary of Agriculture (Secretaries) jointly implement the
Federal Subsistence Management Program. This program provides a
preference for take of fish and wildlife resources for subsistence uses
on Federal public lands and waters in Alaska. The Secretaries published
temporary regulations to carry out this program in the Federal Register
on June 29, 1990 (55 FR 27114), and final regulations were published in
the Federal Register on May 29, 1992 (57 FR 22940). The Program has
subsequently amended these regulations a number of times. Because this
program is a joint effort between Interior and Agriculture, these
regulations are located in two titles of the Code of Federal
Regulations (CFR): Title 36, ``Parks, Forests, and Public Property,''
and Title 50, ``Wildlife and Fisheries,'' at 36 CFR 242.1-28 and 50 CFR
100.1-28, respectively. The regulations contain subparts as follows:
Subpart A, General Provisions; Subpart B, Program Structure; Subpart C,
Board Determinations; and Subpart D, Subsistence Taking of Fish and
Wildlife.
Consistent with subpart B of these regulations, the Secretaries
established a Federal Subsistence Board to administer the Federal
Subsistence Management Program. The Board is currently made up of:
A Chair appointed by the Secretary of the Interior with
concurrence of the Secretary of Agriculture;
The Alaska Regional Director, U.S. Fish and Wildlife
Service;
The Alaska Regional Director, U.S. National Park Service;
The Alaska State Director, U.S. Bureau of Land Management;
The Alaska Regional Director, U.S. Bureau of Indian
Affairs; and
The Alaska Regional Forester, U.S. Forest Service.
Through the Board, these agencies participate in the development of
regulations for subparts C and D, which, among other things, set forth
program eligibility and specific harvest seasons and limits.
In administering the program, the Secretaries divided Alaska into
10 subsistence resource regions, each of which is represented by a
Subsistence Regional Advisory Council (Council). The Councils provide a
forum for rural residents with personal knowledge of local conditions
and resource requirements to have a meaningful role in the subsistence
management of fish and wildlife on Federal public lands in Alaska. The
Council members represent varied geographical, cultural, and user
interests within each region.

Current Rule

On October 23, 2009, Secretary of the Interior Salazar announced
the initiation of a Departmental review of the Federal Subsistence
Management Program in Alaska. The review focused on how the Program is
meeting the purposes and subsistence provisions of Title VIII of the
Alaska National Interest Lands Conservation Act of 1980 (ANILCA), and
how the Program is serving rural subsistence users as envisioned when
the program began in the early 1990s.
On August 31, 2010, the Secretaries announced the findings of the
review, which included several proposed administrative and regulatory
changes to strengthen the Program and make it more responsive to those
who rely on it for their subsistence uses. One proposal called for
adding two public members representing rural Alaskan subsistence users
to the Federal Subsistence Board, which would allow additional regional
representation and increased stakeholder input in the decisionmaking
process.
The Departments published a proposed rule on February 11, 2011 (76
FR 7758), to amend the regulations in subpart B of 36 CFR part 242 and
50 CFR part 100, ``Federal Subsistence Board.'' The proposed rule
opened a comment period, which closed on April 12, 2011. The
Departments advertised the proposed rule by mail, radio, and newspaper.
During the meeting period for the Federal Subsistence Regional Advisory
Councils as published in the proposed rule, the Councils met and, in
addition to other Council business, formulated recommendations to the
Board on the proposed rule and received comments and suggestions from
the public and Alaska Native organizations. The Board met on May 3,
2011, to receive additional comments and to discuss recommendations to
the Secretaries on the proposed rule. The Board received a total of 6
comments from the public, 7 from Alaska Native organizations, 2 from
subsistence resource commissions, 3 from State advisory committees, and
10 from Federal Subsistence Regional Advisory Councils. All comments
were posted at https://www.regulations.gov at Docket No. FWS-R7-SM-2011-
0004.
The Councils had a substantial role in reviewing the proposed rule
and making recommendations for the final rule. Moreover, a Council
Chair, or a designated representative, presented each Council's
recommendations at the Board meeting of May 3, 2011. These final
regulations reflect Board review and consideration of Council
recommendations and public and Alaska Native organizations' comments.
The public received extensive opportunity to review and comment on all
proposed changes. Conforming regulatory changes are also made to
clarify the designation of alternates for Board members representing
Federal agencies and to increase the size of a quorum.

Summary of Comments and Board Recommendation to the Secretaries

The Board received a total of 28 public comments. All but two
supported the addition of two members to the Board. One comment was
neutral, and another opposed the proposed rule. Both of these comments
recommended that the Board membership be changed to be comprised solely
of members of the public or Alaska Natives with no Federal agency
representation.
All 10 Federal Subsistence Regional Advisory Councils supported the
proposed rule. While the majority of comments supported the proposed
rule, a majority also recommended that the proposed language be changed
from ``* * * two public members representing rural Alaskan subsistence
users * * *'' to ``* * * two public members who are rural Alaskan
subsistence users * * *''.
After careful review of all public, Tribal, and Native Corporation
comments and consideration of the Councils' recommendations, the Board
recommended the above language to the Secretaries. The Board's
justification for this recommended modification to the language in the
proposed rule was:
To truly represent subsistence users, public members need
to be actively participating in the subsistence way of life;
With the exception of the Chair, active subsistence users
are not represented on this Board, but their knowledge and current
hunting, fishing, and gathering experience would clearly benefit this
Board; and

[[Page 56111]]

This recommendation would demonstrate a genuine commitment
to listening to what the Board heard through the public comment process
on the proposed rule.
In addition to recommendations and comments on the proposed
regulatory language, the Councils' and public comments recommended
several selection criteria for new public Board members. While these
criteria was not addressed in the proposed rule, the Board consolidated
these recommendations and forwarded them to the Secretaries.
On July 25, 2011, Secretary of the Interior Salazar, with
concurrence of Secretary of Agriculture Vilsack, notified the Federal
Subsistence Board that they approved the addition of two public members
to the Board with the following language, `` * * * two public members
who possess personal knowledge of and direct experience with
subsistence uses in rural Alaska * * * ''. The approved language, while
differing slightly from the Board's recommendation, captures the intent
of the Board and recommendations made by the Councils, and the majority
of comments from Alaska Native organizations and members of the public.
The Secretaries responded positively to the recommended selection
criteria for public members to the Board.

Tribal Consultation and Comment

As expressed in Executive Order 13175, ``Consultation and
Coordination with Indian Tribal Governments,'' the Federal officials
that have been delegated authority by the Secretaries are committed to
honoring the unique government-to-government political relationship
that exists between the Federal Government and Federally Recognized
Indian Tribes (Tribes) as listed in 75 FR 60810 (October 1, 2010) and
the relationship required by statute for consultation and coordination
with Alaska Native corporations. Consultation with Alaska Native
corporations is based on Public Law 108-199, div. H, Sec. 161, Jan. 23,
2004, 118 Stat. 452, as amended by Public Law 108-447, div. H, title V,
Sec. 518, Dec. 8, 2004, 118 Stat. 3267, which provides that: ``The
Director of the Office of Management and Budget and all Federal
agencies shall hereafter consult with Alaska Native corporations on the
same basis as Indian Tribes under Executive Order No. 13175.''
Title VIII of the Alaska National Interest Lands Conservation Act
does not provide rights to Tribes for the subsistence taking of
wildlife, fish, and shellfish. However, because Tribal members are
affected by subsistence regulations, the Secretaries, through the
Board, have provided Federally recognized Tribes and Alaska Native
corporations an opportunity to consult on this rule.
The Board engaged in outreach efforts for this rule, including a
notification letter, to ensure that Tribes and Alaska Native
corporations were advised of the mechanisms by which they could
participate. The Board provided a variety of opportunities for
consultation: Commenting on proposed changes to the existing rule;
engaging in dialogue at the Regional Council meetings; engaging in
dialogue at the Board's meetings; and providing input in person, by
mail, e-mail, or phone at any time during the rulemaking process. The
Board is committed to efficiently and adequately providing
opportunities to Tribes and Alaska Native corporations for consultation
with regard to subsistence rulemaking.
The Board considered Tribes' and Alaska Native corporations'
information, input, and recommendations, and addressed their concerns
as much as practicable. A total of seven Alaska Native organizations
provided comments and recommendations on this rule.

Conformance With Statutory and Regulatory Authorities

Administrative Procedure Act Compliance

The Board has provided extensive opportunity for public input and
involvement in compliance with Administrative Procedure Act
requirements, including publishing a proposed rule in the Federal
Register, and receiving public comment on the proposed regulatory
change through https://www.regulations.gov. There were also
opportunities for participation during multiple Regional Council
meetings at which Council recommendations were made in consideration of
public comments received and opportunity for additional public comment
during the Board meeting prior to deliberation and forming a
recommendation to the Secretaries. Therefore, the Board believes that
sufficient public notice and opportunity for involvement have been
given to affected persons regarding the Board's recommendation and the
Secretaries' decision.

National Environmental Policy Act Compliance

A Draft Environmental Impact Statement that described four
alternatives for developing a Federal Subsistence Management Program
was distributed for public comment on October 7, 1991. The Final
Environmental Impact Statement (FEIS) was published on February 28,
1992. Based on the public comments received, the analysis contained in
the FEIS, and the recommendations of the Federal Subsistence Board and
the Department of the Interior's Subsistence Policy Group, the
Secretary of the Interior, with the concurrence of the Secretary of
Agriculture, through the U.S. Department of Agriculture-Forest Service,
selected Alternative IV as identified in the DEIS and FEIS. The Record
of Decision (ROD) on Subsistence Management for Federal Public Lands in
Alaska was signed April 6, 1992. The selected alternative in the FEIS
(Alternative IV) defined the administrative framework of an annual
regulatory cycle for subsistence regulations. Several alternatives were
considered for the composition of the Board including all Federal
agency heads and all public members representing subsistence users.
This regulation adding two additional public members to the Board falls
within the scope of alternatives. For this reason, the impacts
described in the FEIS and ROD are deemed sufficient for this regulation
and require no further analysis.
Even in the absence of the consideration of alternatives in the
existing programmatic FEIS and ROD, no further NEPA analysis would be
required in this instance. There are two reasons for this. The first is
that this action is merely administrative in nature and has no
environmental impact. The second is that activities of this nature are
categorically excluded from the requirements of NEPA under both
Department of the Interior (DOI) regulations and Department of
Agriculture (USDA) regulations. Specifically, DOI regulations at 43 CFR
46.210 set forth categorical exclusions for both internal
organizational changes and the adoption of regulations that are of an
administrative nature. Similarly, USDA regulations at 7 CFR 1b.3(a)
provide a categorical exclusion for routine activities such as
personnel and organizational changes, and similar administrative
functions.
The final rule for subsistence management regulations for public
lands in Alaska, subparts A, B, and C, implemented the Federal
Subsistence Management Program and included a framework for a
regulatory cycle for the subsistence taking of wildlife and fish. The
following Federal Register documents pertain to this rulemaking:

[[Page 56112]]

Subsistence Management Regulations for Public Lands in Alaska, Subparts A, B, and C: Federal Register Documents
Pertaining to the Final Rule
----------------------------------------------------------------------------------------------------------------
Federal Register citation Date of publication Category Details
----------------------------------------------------------------------------------------------------------------
57 FR 22940........................ May 29, 1992.......... Final Rule............ ``Subsistence Management
Regulations for Public
Lands in Alaska; Final
Rule'' was published in
the Federal Register.
64 FR 1276......................... January 8, 1999....... Final Rule............ Amended the regulations to
include subsistence
activities occurring on
inland navigable waters in
which the United States
has a reserved water right
and to identify specific
Federal land units where
reserved water rights
exist. Extended the
Federal Subsistence
Board's management to all
Federal lands selected
under the Alaska Native
Claims Settlement Act and
the Alaska Statehood Act
and situated within the
boundaries of a
Conservation System Unit,
National Recreation Area,
National Conservation
Area, or any new national
forest or forest addition,
until conveyed to the
State of Alaska or to an
Alaska Native Corporation.
Specified and clarified
the Secretaries' authority
to determine when hunting,
fishing, or trapping
activities taking place in
Alaska off the public
lands interfere with the
subsistence priority.
66 FR 31533........................ June 12, 2001......... Interim Rule.......... Expanded the authority that
the Board may delegate to
agency field officials and
clarified the procedures
for enacting emergency or
temporary restrictions,
closures, or openings.
67 FR 30559........................ May 7, 2002........... Final Rule............ Amended the operating
regulations in response to
comments on the June 12,
2001, interim rule. Also
corrected some inadvertent
errors and oversights of
previous rules.
68 FR 7703......................... February 18, 2003..... Direct Final Rule..... Clarified how old a person
must be to receive certain
subsistence use permits
and removed the
requirement that Regional
Councils must have an odd
number of members.
68 FR 23035........................ April 30, 2003........ Affirmation of Direct Because no adverse comments
Final Rule. were received on the
direct final rule (67 FR
30559), the direct final
rule was adopted.
69 FR 60957........................ October 14, 2004...... Final Rule............ Clarified the membership
qualifications for
Regional Advisory Council
membership and relocated
the definition of
``regulatory year'' from
subpart A to subpart D of
the regulations.
70 FR 76400........................ December 27, 2005..... Final Rule............ Revised jurisdiction in
marine waters and
clarified jurisdiction
relative to military
lands.
71 FR 49997........................ August 24, 2006....... Final Rule............ Revised the jurisdiction of
the subsistence program by
adding submerged lands and
waters in the area of
Makhnati Island, near
Sitka, AK. This allowed
subsistence users to
harvest marine resources
in this area under
seasons, harvest limits,
and methods specified in
the regulations.
72 FR 25688........................ May 7, 2007........... Final Rule............ Revised nonrural
determinations.
75 FR 63088........................ October 14, 2010...... Final Rule............ Amended the regulations for
accepting and addressing
special action requests
and the role of the
Regional Advisory Councils
in the process.
----------------------------------------------------------------------------------------------------------------

An environmental assessment was prepared in 1997 on the expansion
of Federal jurisdiction over fisheries and is available from the office
listed under FOR FURTHER INFORMATION CONTACT. The Secretary of the
Interior with the concurrence of the Secretary of Agriculture
determined that the expansion of Federal jurisdiction did not
constitute a major Federal action significantly affecting the human
environment and, therefore, signed a Finding of No Significant Impact.

Section 810 of ANILCA

An ANILCA Sec. 810 analysis was completed as part of the FEIS
process on the Federal Subsistence Management Program. The intent of
all Federal subsistence regulations is to accord subsistence uses of
fish and wildlife on public lands a priority over the taking of fish
and wildlife on such lands for other purposes, unless restriction is
necessary to conserve healthy fish and wildlife populations. The final
Sec. 810 analysis determination appeared in the April 6, 1992, ROD and
concluded that the Program, under Alternative IV with an annual process
for setting subsistence regulations, may have some local impacts on
subsistence uses, but will not likely restrict subsistence uses
significantly. During the subsequent environmental assessment process
for extending fisheries jurisdiction, an evaluation of the effects of
this rule was conducted in accordance with Sec. 810. That evaluation
also supported the Secretaries' determination that the rule

[[Page 56113]]

will not reach the ``may significantly restrict'' threshold that would
require notice and hearings under ANILCA Sec. 810(a).

Paperwork Reduction Act

An agency may not conduct or sponsor and you are not required to
respond to a collection of information unless it displays a currently
valid Office of Management and Budget (OMB) control number. This rule
does not contain any new collections of information that require OMB
approval. OMB has reviewed and approved the following collections of
information associated with the subsistence regulations at 36 CFR part
242 and 50 CFR part 100: Subsistence hunting and fishing applications,
permits, and reports, Federal Subsistence Regional Advisory Council
Membership Application/Nomination and Interview Forms (OMB Control No.
1018-0075 expires January 31, 2013).

Regulatory Planning and Review (Executive Order 12866)

The Office of Management and Budget (OMB) has determined that this
rule is not significant and has not reviewed this rule under Executive
Order 12866. OMB bases its determination upon the following four
criteria:
(a) Whether the rule will have an annual effect of $100 million or
more on the economy or adversely affect an economic sector,
productivity, jobs, the environment, or other units of the government.
(b) Whether the rule will create inconsistencies with other
agencies' actions.
(c) Whether the rule will materially affect entitlements, grants,
user fees, loan programs, or the rights and obligations of their
recipients.
(d) Whether the rule raises novel legal or policy issues.

Regulatory Flexibility Act

The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.)
requires preparation of flexibility analyses for rules that will have a
significant effect on a substantial number of small entities, which
include small businesses, organizations, or governmental jurisdictions.
In general, the resources to be harvested under this rule are already
being harvested and consumed by the local harvester and do not result
in an additional dollar benefit to the economy. However, we estimate
that two million pounds of meat are harvested by subsistence users
annually and, if given an estimated dollar value of $3.00 per pound,
this amount would equate to about $6 million in food value statewide.
Based upon the amounts and values cited above, the Departments certify
that this rulemaking will not have a significant economic effect on a
substantial number of small entities within the meaning of the
Regulatory Flexibility Act.

Small Business Regulatory Enforcement Fairness Act

Under the Small Business Regulatory Enforcement Fairness Act (5
U.S.C. 801 et seq.), this rule is not a major rule. It does not have an
effect on the economy of $100 million or more, will not cause a major
increase in costs or prices for consumers, and does 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.

Executive Order 12630

Title VIII of ANILCA requires the Secretaries to administer a
subsistence priority on public lands. The scope of this Program is
limited by definition to certain public lands. Likewise, these
regulations have no potential takings of private property implications
as defined by Executive Order 12630.

Unfunded Mandates Reform Act

The Secretaries have determined and certify pursuant to the
Unfunded Mandates Reform Act, 2 U.S.C. 1502 et seq., that this
rulemaking will not impose a cost of $100 million or more in any given
year on local or State governments or private entities. The
implementation of this rule is by Federal agencies and there is no cost
imposed on any State or local entities or Tribal governments.

Executive Order 12988

The Secretaries have determined that these regulations meet the
applicable standards provided in Sec. Sec. 3(a) and 3(b)(2) of
Executive Order 12988, regarding civil justice reform.

Executive Order 13132

In accordance with Executive Order 13132, the rule does not have
sufficient Federalism implications to warrant the preparation of a
Federalism Assessment. Title VIII of ANILCA precludes the State from
exercising subsistence management authority over fish and wildlife
resources on Federal lands unless it meets certain requirements.

Executive Order 13175

The Alaska National Interest Lands Conservation Act does not
provide rights to Tribes for the subsistence taking of wildlife, fish,
and shellfish. However, the Board provided Federally recognized Tribes
and Alaska Native Corporations an opportunity to consult on this rule.
Consultation with Alaska Native Corporations is based on Public Law
108-199, div. H, Sec. 161, Jan. 23, 2004, 118 Stat. 452, as amended by
Public Law 108-447, div. H, title V, Sec. 518, Dec. 8, 2004, 118 Stat.
3267, which provides that: ``The Director of the Office of Management
and Budget and all Federal agencies shall hereafter consult with Alaska
Native Corporations on the same basis as Indian Tribes under Executive
Order No. 13175.''
The Secretaries, through the Board, provided a variety of
opportunities for Tribal consultation: commenting on proposed changes
to the existing rule; engaging in dialogue at the Regional Council
meetings; engaging in dialogue at the Board's meetings; and providing
input in person, by mail, e-mail, or phone at any time during this
rulemaking process.

Executive Order 13211

This Executive Order requires agencies to prepare Statements of
Energy Effects when undertaking certain actions. However, this rule is
not a significant regulatory action under E.O. 13211, affecting energy
supply, distribution, or use, and no Statement of Energy Effects is
required.

Drafting Information

Theo Matuskowitz drafted these regulations under the guidance of
Dr. Polly Wheeler of the Office of Subsistence Management, Alaska
Regional Office, U.S. Fish and Wildlife Service, Anchorage, Alaska.
Additional assistance was provided by:
Daniel Sharp, Alaska State Office, Bureau of Land
Management;
Sandy Rabinowitch and Nancy Swanton, Alaska Regional
Office, National Park Service;
Dr. Glenn Chen, Alaska Regional Office, Bureau of Indian
Affairs;
Jerry Berg, Alaska Regional Office, U.S. Fish and Wildlife
Service; and
Steve Kessler, Alaska Regional Office, U.S. Forest
Service.

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.

[[Page 56114]]

Regulation Promulgation

For the reasons set out in the preamble, the Federal Subsistence
Board amends title 36, part 242, and title 50, part 100, of the Code of
Federal Regulations, as set forth below.

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.

Subpart B--Program Structure

0
2. Amend Sec. ----.10 by revising paragraphs (b)(1) and (d)(2) to read
as follows:

Sec. ----.10 Federal Subsistence Board.

* * * * *
(b) * * *
(1) The voting members of the Board are: A Chair to be appointed by
the Secretary of the Interior with the concurrence of the Secretary of
Agriculture; two public members who possess personal knowledge of and
direct experience with subsistence uses in rural Alaska to be appointed
by the Secretary of the Interior with the concurrence of the Secretary
of Agriculture; the Alaska Regional Director, U.S. Fish and Wildlife
Service; Alaska Regional Director, National Park Service; Alaska
Regional Forester, U.S. Forest Service; the Alaska State Director,
Bureau of Land Management; and the Alaska Regional Director, Bureau of
Indian Affairs. Each Federal agency member of the Board may appoint a
designee.
* * * * *
(d) * * *
(2) A quorum consists of five members.
* * * * *

Dated: August 31, 2011.
Ken Salazar,
Secretary of the Interior, Department of the Interior.
Dated: August 16, 2011.
Beth G. Pendleton,
Regional Forester, USDA--Forest Service.
[FR Doc. 2011-23243 Filed 9-9-11; 8:45 am]
BILLING CODE 4310-55-P; 3410-11-P

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