Subsistence Management Regulations for Public Lands in Alaska-Subpart C-Board Determinations; Rural Determinations, 12477-12482 [2012-4786]

Download as PDF Federal Register / Vol. 77, No. 41 / Thursday, March 1, 2012 / Rules and Regulations The Greater New Orleans Expressway Commission requested a temporary deviation from the published regulation for the Greater New Orleans Expressway Commission Causeway bascule bridge across Lake Pontchartrain. The bridge provides 42.6 feet of vertical clearance when closed above mean high water, and unlimited clearance above MHW in the open-to-navigation position. Currently, according to 33 CFR 117.467(b), the draw of the Greater New Orleans Expressway Commission Causeway bascule bridge shall open on signal if at least three hours notice is given; except that the draw need not be open for the passage of vessels Monday through Fridays except Federal holidays, from 5:30 a.m. to 9:30 a.m. and 3 p.m. to 7 p.m.. The draw will open on signal for any vessel in distress or vessel waiting immediately following the closures listed above. This deviation allows the bridge to remain closed to navigation for four (4) days from 6 a.m. on March 13, 2012 through 6 p.m. on March 16, 2012. Navigation on the waterway consists mainly of recreational vessels. The Coast Guard has coordinated the closure with other Coast Guard units. These dates and this schedule were chosen to minimize the effects on vessel traffic; however, vessels that may pass under the bridge in the closed-to-navigation position can do so any anytime. The bridge will not be able to open for emergencies. In accordance with 33 CFR 117.35, this work will be performed with flexibility in order to return the bridge to normal operations as soon as possible. This deviation from the operating regulations is authorized under 33 CFR 117.35. SUPPLEMENTARY INFORMATION: Dated: February 10, 2012. David M. Frank, Bridge Administrator. [FR Doc. 2012–4919 Filed 2–29–12; 8:45 am] tkelley on DSK3SPTVN1PROD with RULES BILLING CODE 9110–04–P VerDate Mar<15>2010 16:41 Feb 29, 2012 Jkt 226001 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–2011–0068; FXFR13350700640L6–123–FF07J00000] RIN 1018–AX95 Subsistence Management Regulations for Public Lands in Alaska—Subpart CBoard Determinations; Rural Determinations Forest Service, Agriculture; Fish and Wildlife Service, Interior. ACTION: Final rule; extension of compliance date and request for comments. AGENCY: This final rule extends the compliance date for the final rule that revised the list of nonrural areas identified by the Federal Subsistence Board (Board). On May 7, 2007, the Board published a final rule changing the rural determination for several communities or areas in Alaska. These communities had five years following the date of publication to come into compliance. In 2009 the Secretary of the Interior initiated a review of the Federal Subsistence Program. An ensuing directive was for the Federal Subsistence Board to review its processes for determining the rural and nonrural status of communities. As a result, the Board has initiated a review of the rural determination process and the rural determination findings. The Board finds that it is in the public’s interest to extend the compliance date of the 2007 final rule until the review is complete or in 5 years, whichever comes first. DATES: Compliance: The compliance date for the final rule revising 36 CFR 242.23 and 50 CFR 100.23 published May 7, 2007 (72 FR 25688), and effective June 6, 2007, is extended until either the rural determination process and findings review is completed or 5 years, whichever comes first. We will publish a document announcing the compliance date in the Federal Register. Comments: Comments will be received until April 16, 2012. ADDRESSES: You may submit comments by one of the following methods: • Electronically: Go to the Federal eRulemaking Portal: https:// www.regulations.gov and search for SUMMARY: PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 12477 FWS–R7–SM–2011–0068, which is the docket number for this rulemaking. • By hard copy: U.S. mail or handdelivery to: USFWS, Office of Subsistence Management, 1011 East Tudor Road, MS 121, Attn: Theo Matuskowitz, Anchorage, AK 99503– 6199, or hand delivery to the Designated Federal Official attending any of the Federal Subsistence Regional Advisory Council public meetings. See SUPPLEMENTARY INFORMATION for additional information on locations of the public meetings. We will post all comments on https:// www.regulations.gov. This generally means that we will post any personal information you provide us. 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 or subsistence@fws.gov. For questions specific to National Forest System lands, contact Steve Kessler, Regional 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 (Program). This Program grants a preference for subsistence uses of fish and wildlife resources on Federal public lands and waters in Alaska. The Secretaries first published regulations to carry out this program in the Federal Register on May 29, 1992 (57 FR 22940). These regulations have subsequently been amended several times. This Program is a joint effort between Interior and Agriculture, as a result 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. Federal Subsistence Board Consistent with subpart B of these regulations, the Secretaries established a Federal Subsistence Board to administer the Federal Subsistence Management Program. The Board comprises: E:\FR\FM\01MRR1.SGM 01MRR1 12478 Federal Register / Vol. 77, No. 41 / Thursday, March 1, 2012 / Rules and Regulations • 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; • The Alaska Regional Forester, U.S. Forest Service; and • Two public members appointed by the Secretary of the Interior with concurrence of the Secretary of Agriculture. tkelley on DSK3SPTVN1PROD with RULES Region Region Region Region Region Region Region Region Region Region Through the Board, these agencies and public members 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 1—Southeast Regional Council ............................................................... 2—Southcentral Regional Council ........................................................... 3—Kodiak/Aleutians Regional Council .................................................... 4—Bristol Bay Regional Council ............................................................. 5—Yukon-Kuskokwim Delta Regional Council ........................................ 6—Western Interior Regional Council ..................................................... 7—Seward Peninsula Regional Council .................................................. 8—Northwest Arctic Regional Council .................................................... 9—Eastern Interior Regional Council ...................................................... 10—North Slope Regional Council .......................................................... Current Rule In accordance with § ll.10(d)(4)(ii), one of the responsibilities given to the Federal Subsistence Board is to determine which communities or areas of the State are rural or nonrural. The Board determines if a community or area is rural in accordance with established guidelines set forth in § ll.15(a). The Board reviews rural determinations on a 10-year cycle and may review determinations out-of-cycle in special circumstances. Once the Board makes a determination that a community or area has changed from rural to nonrural, a waiting period of 5 years is required for the residents to comply with the change. A change from nonrural to rural would be effective 30 days after publication of the rule. In 2007, the Board published a final rule, Subsistence Management Regulations for Public Lands in Alaska, Subpart C; Nonrural Determinations (72 FR 25688; May 7, 2007). This rule revised the list of nonrural areas identified by the Board. Only residents of areas identified as rural are eligible to participate in the Federal Subsistence Management Program on Federal public lands in Alaska. The Board changed Adak’s status to rural, added Prudhoe Bay to the list of nonrural areas, and adjusted the boundaries of the following nonrural areas: the Kenai Area; the Wasilla/Palmer Area, including Point McKenzie; the Homer Area, including Fritz Creek East (except Voznesenka) VerDate Mar<15>2010 16:41 Feb 29, 2012 Jkt 226001 Public Comments and Board Action The public, Alaska Native organizations, the State, and other groups have had numerous opportunities to comment and consult on rural determinations. The numerous comments received are the foundation Frm 00042 Fmt 4700 Public Meetings The Regional Advisory Councils have a substantial role in reviewing subsistence issues and making recommendations to the Board. The Federal Subsistence Board, through the Councils, will hold meetings to accept comments and propose changes to the subsistence take of fish and shellfish during the winter meeting cycle. You may present comments on this rule during those meetings at the following locations in Alaska, on the following remainingdates: Juneau .................................................. Anchorage ............................................. Old Harbor ............................................ Naknek .................................................. Bethel .................................................... McGrath ................................................ Nome .................................................... Kotzebue ............................................... Fairbanks .............................................. Barrow ................................................... and the North Fork Road area; and the Ketchikan Area, including Saxman and portions of Gravina Island. The effective date was June 6, 2007, with a 5-year compliance date of May 7, 2012. On October 23, 2009, Secretary of the Interior Salazar announced the initiation of a Departmental review of the Federal Subsistence Management Program in Alaska; Secretary of Agriculture Vilsack later concurred with this course of action. The review focused on how the Program is meeting the purposes and subsistence provisions of Title VIII of ANILCA, and how the Program is serving rural subsistence users as envisioned when it 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 a review, with Council input, of the rural and nonrural determination process and, if needed, recommendations for regulatory changes. PO 00000 varied geographical, cultural, and user interests within each region. Sfmt 4700 March 20, 2012. March 13, 2012. March 22, 2012. March 7, 2012. February 23, 2012. February 29, 2012. February 7, 2012. March 8, 2012. February 29, 2012. February 16, 2012. of this action, and this rule is in response to the myriad of comments received. Starting in November of 2009, the Secretarial review was conducted by the Alaska Affairs Office within the Office of the Secretary. Meetings with more than 45 different stakeholder groups were held in 13 different communities throughout Alaska. More than 115 comments from individuals and interested organizations were received. Many of these comments addressed concerns relating to rural and nonrural determinations. These comments were posted on the Departmental Web site at https://www.doi.gov/whatwedo/ subsistencereview/index.cfm. During the January 18–20, 2011, and January 17–20, 2012, Federal Subsistence Board public meetings, the Board offered a comment period each day for members of the public to speak to any issues related to subsistence issues that were not on the meeting agenda. Several members of the public took the opportunity to voice their concerns and comments on rural and nonrural issues. On January 21, 2011, and January 17, 2012, the Board conducted tribal consultations with Alaska Native organizations to address proposed regulatory changes to the subsistence take of fish and wildlife regulations; a number of Alaska Native organizations again took the opportunity to also express their views on rural and nonrural issues and how they affected E:\FR\FM\01MRR1.SGM 01MRR1 tkelley on DSK3SPTVN1PROD with RULES Federal Register / Vol. 77, No. 41 / Thursday, March 1, 2012 / Rules and Regulations their Tribes and communities. In addition, during Board work sessions held on May 3–4 and July 11, 2011, the Board provided opportunities for members of the public, Tribal representatives, and Council Chairs to comment on rural and nonrural issues. The transcripts for these Board meetings are posted at https://alaska.fws.gov/asm/ board.cfml. On January 20, 2012, the Board met to consider the Secretarial directive, consider the Council’s recommendations and review all public, Tribal, and Native Corporation comments on rural determinations. After discussion and careful review, the Board voted unanimously to initiate a review of the rural determination process and the 2010 decennial review through publication of a proposed rule. Consequently, based on that action, the Board found that it was in the public’s best interest to extend the compliance date of its 2007 final rule (72 FR 25688; May 7, 2007) on rural and nonrural determinations until the review of the rural determination process and decennial review are complete or in 5 years, whichever comes first. The Board’s justification for extending the compliance date is based on the following factors: • With the overall review of the rural determination process and initiation of the decennial review, there exists the possibility that new rulemaking will be required. By extending the compliance date, the Board will be saving time and resources by avoiding the possibility of repetitive rulemaking; in addition, it will prevent confusion and undue hardship on affected rural users. • This action would demonstrate a genuine commitment to listening and responding to what the Board heard through public comments, Tribal consultations, and Council recommendations. • A recently published final rule (76 FR 56109, September 12, 2011) to expand the Board by two public members that represent rural Alaskan subsistence users; this action will give the Board additional perspective on the issues facing rural users. The Board is publishing this rule without a prior proposal because this action is viewed as an administrative action. You may submit comment and materials on this rule by one of the methods listed in ADDRESSES. We will not accept comments sent by email or fax or to an address not listed in ADDRESSES. We will not consider handdelivered comments that we do not VerDate Mar<15>2010 16:41 Feb 29, 2012 Jkt 226001 receive, or mailed comments that are not postmarked, by the date specified in DATES. We will post your entire comment on https://www.regulations.gov. Before including personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. We will post all hardcopy comments on https:// www.regulations.gov. 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 ANILCA provides rights to all Federally qualified rural residents for the subsistence taking of wildlife, fish, and shellfish. However, because tribal members are affected by subsistence regulations, the Secretaries, through the Board, provides Federally recognized Tribes and Alaska Native corporations opportunities to consult on subsistence issues. The Board engages in outreach efforts for the program to ensure that Tribes and Alaska Native corporations are advised of the mechanisms by which they can participate. The Board provides a variety of opportunities for consultation: commenting on proposed changes to the existing rule; engaging in dialogue at the Council meetings; engaging in dialogue at the Board’s PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 12479 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. Conformance With Statutory and Regulatory Authorities National Environmental Policy Act Compliance A Draft Environmental Impact Statement (DEIS) for developing a Federal Subsistence Management Program was distributed for public comment on October 7, 1991. That document described the major issues associated with Federal subsistence management as identified through public meetings, written comments, and staff analyses and examined the environmental consequences of four alternatives. Proposed regulations (subparts A, B, and C) that would implement the preferred alternative were included in the DEIS as an appendix. The DEIS and the proposed administrative regulations presented a framework for a regulatory cycle regarding subsistence hunting and fishing regulations (subpart D). 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, implemented Alternative IV as identified in the DEIS and FEIS (Record of Decision on Subsistence Management for Federal Public Lands in Alaska (ROD), signed April 6, 1992). The DEIS and the selected alternative in the FEIS defined the administrative framework of a regulatory cycle for subsistence hunting and fishing regulations. 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\01MRR1.SGM 01MRR1 12480 Federal Register / Vol. 77, No. 41 / Thursday, March 1, 2012 / Rules and Regulations 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 ........................... 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 ............ 69 FR 60957 ........ October 14, 2004 ...... Affirmation of Direct Final Rule. Final Rule ........................... 70 FR 76400 ........ December 27, 2005 .. Final Rule ........................... 71 FR 49997 ........ August 24, 2006 ........ Final Rule ........................... 72 FR 25688 ........ 75 FR 63088 ........ May 7, 2007 .............. October 14, 2010 ...... Final Rule ........................... Final Rule ........................... 76 FR 56109 ........ September 12, 2011 .. 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. Revised the composition of the Board. 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 Secretaries 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. tkelley on DSK3SPTVN1PROD with RULES Section 810 of ANILCA An ANILCA section 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 VerDate Mar<15>2010 18:27 Feb 29, 2012 Jkt 226001 wildlife populations. The final section 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 section 810. That evaluation also supported the Secretaries’ determination that the rule will not reach the ‘‘may significantly restrict’’ threshold that would require notice and hearings under ANILCA section 810(a). PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 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). E:\FR\FM\01MRR1.SGM 01MRR1 Federal Register / Vol. 77, No. 41 / Thursday, March 1, 2012 / Rules and Regulations Unfunded Mandates Reform Act 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. Therefore, 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. tkelley on DSK3SPTVN1PROD with RULES 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. VerDate Mar<15>2010 16:41 Feb 29, 2012 Jkt 226001 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 sections 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 Title VIII of ANILCA provides rights to all Federally qualified rural residents for the subsistence taking of wildlife, fish, and shellfish. However, the Board provides Federally recognized Tribes and Alaska Native Corporations an opportunity to consult on all subsistence issues. 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, provide a variety of opportunities for tribal consultation: Commenting on proposed changes to an existing rule; engaging in dialogue at the 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. 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, PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 12481 distribution, or use, and no Statement of Energy Effects is required. Drafting Information Theo Matuskowitz drafted these regulations under the guidance of Peter J. Probasco 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. Regulation Promulgation For the reasons set forth in the preamble, the Federal Subsistence Board, under the authority at 16 U.S.C. 3, 472, 551, 668dd, 3101–3126; 18 U.S.C. 3551–3586; and 43 U.S.C. 1733, announces that the compliance date for the nonrural determinations for Prudhoe Bay, and the adjusted boundaries of the nonrural areas of: the Kenai Area; the Wasilla/Palmer Area, including Point McKenzie; the Homer Area, including Fritz Creek East (except Voznesenka) and the North Fork Road area; and the Ketchikan Area, including Saxman and portions of Gravina Island contained in 36 CFR 242.23 and 50 CFR 100.23 as revised on May 7, 2007 (72 FR 25688) is delayed until either the review of the rural determination process and the rural determination findings are completed or 5 years, whichever comes first. A document announcing the compliance date will be published in the Federal Register at a later date. E:\FR\FM\01MRR1.SGM 01MRR1 12482 Federal Register / Vol. 77, No. 41 / Thursday, March 1, 2012 / Rules and Regulations Dated: February 23, 2012. Peter J. Probasco, Assistant Regional Director, U.S. Fish and Wildlife Service, Acting Chair, Federal Subsistence Board. Dated: February 16, 2012. Beth G. Pendleton, Regional Forester, USDA—Forest Service. [FR Doc. 2012–4786 Filed 2–29–12; 8:45 am] BILLING CODE 3410–11–P; 4310–55–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R05–OAR–2010–0100; FRL–9641–8] Approval and Promulgation of Air Quality Implementation Plans; Indiana; Lead Ambient Air Quality Standards Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: EPA is approving a request submitted by the Indiana Department of Environmental Management (IDEM) on November 24, 2010, to revise the Indiana State Implementation Plan (SIP) for lead (Pb) under the Clean Air Act (CAA). This submittal incorporates the National Ambient Air Quality Standards (NAAQS) for Pb promulgated by EPA in 2008. DATES: This direct final rule will be effective April 30, 2012, unless EPA receives adverse comments by April 2, 2012. If adverse comments are received, EPA will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R05– OAR–2010–0100 by one of the following methods: 1. www.regulations.gov: Follow the on-line instructions for submitting comments. 2. Email: aburano.douglas@epa.gov. 3. Fax: (312)408–2279. 4. Mail: Douglas Aburano, Chief, Attainment Planning and Maintenance Section, (AR–18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. 5. Hand Delivery: Douglas Aburano, Chief, Attainment Planning and Maintenance Section (AR–18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such deliveries are only accepted during the Regional Office normal hours of operation, and special arrangements should be made for tkelley on DSK3SPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 16:41 Feb 29, 2012 Jkt 226001 deliveries of boxed information. The Regional Office official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal holidays. Instructions: Direct your comments to Docket ID No. EPA–R05–OAR–2010– 0100. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through www.regulations.gov or email. The www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through www.regulations.gov your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. 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. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: All documents in the docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy at the Environmental Protection Agency, Region 5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. We recommend that you telephone Andy Chang, Environmental Engineer, at (312) 886–0258 before visiting the Region 5 office. PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 FOR FURTHER INFORMATION CONTACT: Andy Chang, Environmental Engineer, Attainment Planning and Maintenance Section, Air Programs Branch (AR–18J), U.S. Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886–0258, chang.andy@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean EPA. This supplementary information section is arranged as follows: I. Background A. When and why did the State make this submittal? B. Did the State hold public hearings for this submittal? II. What is EPA’s analysis of IDEM’s submittal? III. What action is EPA taking? IV. Statutory and Executive Order Reviews I. Background A. When and why did the State make this submittal? The November 24, 2010 submittal incorporates the current primary and secondary NAAQS for Pb, which were published in the Federal Register on November 12, 2008 (73 FR 66964) and codified at 40 CFR 50.16, ‘‘National primary and secondary ambient air quality standards for lead.’’ At the State level, these provisions became effective on October 24, 2010. IDEM submitted the revisions to EPA for incorporation into the Indiana SIP to ensure consistency between the State and Federal definitions of the Pb NAAQS, as well as in the determination of attainment of those NAAQS. B. Did the State hold public hearings for these submittals? A public hearing for the Pb NAAQS revision was held on June 2, 2010. No comments were received at this hearing. II. What is EPA’s analysis of IDEM’s submittal? On November 12, 2008, revisions to the Pb NAAQS were published in the Federal Register (73 FR 66964) and codified at 40 CFR 50.16. The primary (health-based) Pb NAAQS was strengthened to 0.15 micrograms per cubic meter (mg/m3), measured as a rolling 3-month average and evaluated over a 3-year period. The secondary (welfare-based) Pb NAAQS was revised to be identical to the primary Pb NAAQS. Under 40 CFR 50.16(a), ambient Pb concentrations are to be measured by either: (1) A reference method based on appendix G to 40 CFR part 50 (‘‘Reference Method for the Determination of Lead in Suspended E:\FR\FM\01MRR1.SGM 01MRR1

Agencies

[Federal Register Volume 77, Number 41 (Thursday, March 1, 2012)]
[Rules and Regulations]
[Pages 12477-12482]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-4786]

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

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-2011-0068; FXFR13350700640L6-123-FF07J00000]
RIN 1018-AX95

Subsistence Management Regulations for Public Lands in Alaska--
Subpart C-Board Determinations; Rural Determinations

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

ACTION: Final rule; extension of compliance date and request for
comments.

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

SUMMARY: This final rule extends the compliance date for the final rule
that revised the list of nonrural areas identified by the Federal
Subsistence Board (Board). On May 7, 2007, the Board published a final
rule changing the rural determination for several communities or areas
in Alaska. These communities had five years following the date of
publication to come into compliance. In 2009 the Secretary of the
Interior initiated a review of the Federal Subsistence Program. An
ensuing directive was for the Federal Subsistence Board to review its
processes for determining the rural and nonrural status of communities.
As a result, the Board has initiated a review of the rural
determination process and the rural determination findings. The Board
finds that it is in the public's interest to extend the compliance date
of the 2007 final rule until the review is complete or in 5 years,
whichever comes first.

DATES: Compliance: The compliance date for the final rule revising 36
CFR 242.23 and 50 CFR 100.23 published May 7, 2007 (72 FR 25688), and
effective June 6, 2007, is extended until either the rural
determination process and findings review is completed or 5 years,
whichever comes first. We will publish a document announcing the
compliance date in the Federal Register.
Comments: Comments will be received until April 16, 2012.

ADDRESSES: You may submit comments by one of the following methods:
Electronically: Go to the Federal eRulemaking Portal:
http:[sol][sol]www.regulations.gov and search for FWS-R7-SM-2011-0068,
which is the docket number for this rulemaking.
By hard copy: U.S. mail or hand-delivery to: USFWS, Office
of Subsistence Management, 1011 East Tudor Road, MS 121, Attn: Theo
Matuskowitz, Anchorage, AK 99503-6199, or hand delivery to the
Designated Federal Official attending any of the Federal Subsistence
Regional Advisory Council public meetings. See SUPPLEMENTARY
INFORMATION for additional information on locations of the public
meetings.
We will post all comments on http:[sol][sol]www.regulations.gov.
This generally means that we will post any personal information you
provide us.

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 or subsistence@fws.gov. For
questions specific to National Forest System lands, contact Steve
Kessler, Regional 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 (Program). This Program grants a
preference for subsistence uses of fish and wildlife resources on
Federal public lands and waters in Alaska. The Secretaries first
published regulations to carry out this program in the Federal Register
on May 29, 1992 (57 FR 22940). These regulations have subsequently been
amended several times. This Program is a joint effort between Interior
and Agriculture, as a result 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.

Federal Subsistence Board

Consistent with subpart B of these regulations, the Secretaries
established a Federal Subsistence Board to administer the Federal
Subsistence Management Program. The Board comprises:

[[Page 12478]]

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;
The Alaska Regional Forester, U.S. Forest Service; and
Two public members appointed by the Secretary of the
Interior with concurrence of the Secretary of Agriculture.
Through the Board, these agencies and public members 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.

Public Meetings

The Regional Advisory Councils have a substantial role in reviewing
subsistence issues and making recommendations to the Board. The Federal
Subsistence Board, through the Councils, will hold meetings to accept
comments and propose changes to the subsistence take of fish and
shellfish during the winter meeting cycle. You may present comments on
this rule during those meetings at the following locations in Alaska,
on the following remainingdates:

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

----------------------------------------------------------------------------------------------------------------
Region 1--Southeast Regional Council..... Juneau...................... March 20, 2012.
Region 2--Southcentral Regional Council.. Anchorage................... March 13, 2012.
Region 3--Kodiak/Aleutians Regional Old Harbor.................. March 22, 2012.
Council.
Region 4--Bristol Bay Regional Council... Naknek...................... March 7, 2012.
Region 5--Yukon-Kuskokwim Delta Regional Bethel...................... February 23, 2012.
Council.
Region 6--Western Interior Regional McGrath..................... February 29, 2012.
Council.
Region 7--Seward Peninsula Regional Nome........................ February 7, 2012.
Council.
Region 8--Northwest Arctic Regional Kotzebue.................... March 8, 2012.
Council.
Region 9--Eastern Interior Regional Fairbanks................... February 29, 2012.
Council.
Region 10--North Slope Regional Council.. Barrow...................... February 16, 2012.
----------------------------------------------------------------------------------------------------------------

Current Rule

In accordance with Sec. ----.10(d)(4)(ii), one of the
responsibilities given to the Federal Subsistence Board is to determine
which communities or areas of the State are rural or nonrural.
The Board determines if a community or area is rural in accordance
with established guidelines set forth in Sec. ----.15(a). The Board
reviews rural determinations on a 10-year cycle and may review
determinations out-of-cycle in special circumstances. Once the Board
makes a determination that a community or area has changed from rural
to nonrural, a waiting period of 5 years is required for the residents
to comply with the change. A change from nonrural to rural would be
effective 30 days after publication of the rule.
In 2007, the Board published a final rule, Subsistence Management
Regulations for Public Lands in Alaska, Subpart C; Nonrural
Determinations (72 FR 25688; May 7, 2007). This rule revised the list
of nonrural areas identified by the Board. Only residents of areas
identified as rural are eligible to participate in the Federal
Subsistence Management Program on Federal public lands in Alaska. The
Board changed Adak's status to rural, added Prudhoe Bay to the list of
nonrural areas, and adjusted the boundaries of the following nonrural
areas: the Kenai Area; the Wasilla/Palmer Area, including Point
McKenzie; the Homer Area, including Fritz Creek East (except
Voznesenka) and the North Fork Road area; and the Ketchikan Area,
including Saxman and portions of Gravina Island. The effective date was
June 6, 2007, with a 5-year compliance date of May 7, 2012.
On October 23, 2009, Secretary of the Interior Salazar announced
the initiation of a Departmental review of the Federal Subsistence
Management Program in Alaska; Secretary of Agriculture Vilsack later
concurred with this course of action. The review focused on how the
Program is meeting the purposes and subsistence provisions of Title
VIII of ANILCA, and how the Program is serving rural subsistence users
as envisioned when it 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 a
review, with Council input, of the rural and nonrural determination
process and, if needed, recommendations for regulatory changes.

Public Comments and Board Action

The public, Alaska Native organizations, the State, and other
groups have had numerous opportunities to comment and consult on rural
determinations. The numerous comments received are the foundation of
this action, and this rule is in response to the myriad of comments
received.
Starting in November of 2009, the Secretarial review was conducted
by the Alaska Affairs Office within the Office of the Secretary.
Meetings with more than 45 different stakeholder groups were held in 13
different communities throughout Alaska. More than 115 comments from
individuals and interested organizations were received. Many of these
comments addressed concerns relating to rural and nonrural
determinations. These comments were posted on the Departmental Web site
at https://www.doi.gov/whatwedo/subsistencereview/index.cfm.
During the January 18-20, 2011, and January 17-20, 2012, Federal
Subsistence Board public meetings, the Board offered a comment period
each day for members of the public to speak to any issues related to
subsistence issues that were not on the meeting agenda. Several members
of the public took the opportunity to voice their concerns and comments
on rural and nonrural issues. On January 21, 2011, and January 17,
2012, the Board conducted tribal consultations with Alaska Native
organizations to address proposed regulatory changes to the subsistence
take of fish and wildlife regulations; a number of Alaska Native
organizations again took the opportunity to also express their views on
rural and nonrural issues and how they affected

[[Page 12479]]

their Tribes and communities. In addition, during Board work sessions
held on May 3-4 and July 11, 2011, the Board provided opportunities for
members of the public, Tribal representatives, and Council Chairs to
comment on rural and nonrural issues. The transcripts for these Board
meetings are posted at https://alaska.fws.gov/asm/board.cfml.
On January 20, 2012, the Board met to consider the Secretarial
directive, consider the Council's recommendations and review all
public, Tribal, and Native Corporation comments on rural
determinations. After discussion and careful review, the Board voted
unanimously to initiate a review of the rural determination process and
the 2010 decennial review through publication of a proposed rule.
Consequently, based on that action, the Board found that it was in the
public's best interest to extend the compliance date of its 2007 final
rule (72 FR 25688; May 7, 2007) on rural and nonrural determinations
until the review of the rural determination process and decennial
review are complete or in 5 years, whichever comes first.
The Board's justification for extending the compliance date is
based on the following factors:
With the overall review of the rural determination process
and initiation of the decennial review, there exists the possibility
that new rulemaking will be required. By extending the compliance date,
the Board will be saving time and resources by avoiding the possibility
of repetitive rulemaking; in addition, it will prevent confusion and
undue hardship on affected rural users.
This action would demonstrate a genuine commitment to
listening and responding to what the Board heard through public
comments, Tribal consultations, and Council recommendations.
A recently published final rule (76 FR 56109, September
12, 2011) to expand the Board by two public members that represent
rural Alaskan subsistence users; this action will give the Board
additional perspective on the issues facing rural users.
The Board is publishing this rule without a prior proposal because
this action is viewed as an administrative action. You may submit
comment and materials on this rule by one of the methods listed in
ADDRESSES. We will not accept comments sent by email or fax or to an
address not listed in ADDRESSES. We will not consider hand-delivered
comments that we do not receive, or mailed comments that are not
postmarked, by the date specified in DATES.
We will post your entire comment on https://www.regulations.gov.
Before including personal identifying information in your comment, you
should be aware that your entire comment--including your personal
identifying information--may be made publicly available at any time.
While you can ask us in your comment to withhold your personal
identifying information from public review, we cannot guarantee that we
will be able to do so. We will post all hardcopy comments on https://www.regulations.gov.

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 ANILCA provides rights to all Federally qualified
rural residents for the subsistence taking of wildlife, fish, and
shellfish. However, because tribal members are affected by subsistence
regulations, the Secretaries, through the Board, provides Federally
recognized Tribes and Alaska Native corporations opportunities to
consult on subsistence issues.
The Board engages in outreach efforts for the program to ensure
that Tribes and Alaska Native corporations are advised of the
mechanisms by which they can participate. The Board provides a variety
of opportunities for consultation: commenting on proposed changes to
the existing rule; engaging in dialogue at the 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.

Conformance With Statutory and Regulatory Authorities

National Environmental Policy Act Compliance

A Draft Environmental Impact Statement (DEIS) for developing a
Federal Subsistence Management Program was distributed for public
comment on October 7, 1991. That document described the major issues
associated with Federal subsistence management as identified through
public meetings, written comments, and staff analyses and examined the
environmental consequences of four alternatives. Proposed regulations
(subparts A, B, and C) that would implement the preferred alternative
were included in the DEIS as an appendix. The DEIS and the proposed
administrative regulations presented a framework for a regulatory cycle
regarding subsistence hunting and fishing regulations (subpart D). 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,
implemented Alternative IV as identified in the DEIS and FEIS (Record
of Decision on Subsistence Management for Federal Public Lands in
Alaska (ROD), signed April 6, 1992). The DEIS and the selected
alternative in the FEIS defined the administrative framework of a
regulatory cycle for subsistence hunting and fishing regulations. 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 12480]]

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 Final Rule... Because no
adverse comments
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.
76 FR 56109.............. September 12, 2011........... Final Rule......................... Revised the
composition of
the Board.
----------------------------------------------------------------------------------------------------------------

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 Secretaries
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 section 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
section 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 section 810. That evaluation also
supported the Secretaries' determination that the rule will not reach
the ``may significantly restrict'' threshold that would require notice
and hearings under ANILCA section 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).

[[Page 12481]]

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. Therefore, 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 sections 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

Title VIII of ANILCA provides rights to all Federally qualified
rural residents for the subsistence taking of wildlife, fish, and
shellfish. However, the Board provides Federally recognized Tribes and
Alaska Native Corporations an opportunity to consult on all subsistence
issues. 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, provide a variety of
opportunities for tribal consultation: Commenting on proposed changes
to an existing rule; engaging in dialogue at the 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.

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
Peter J. Probasco 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.

Regulation Promulgation

For the reasons set forth in the preamble, the Federal Subsistence
Board, under the authority at 16 U.S.C. 3, 472, 551, 668dd, 3101-3126;
18 U.S.C. 3551-3586; and 43 U.S.C. 1733, announces that the compliance
date for the nonrural determinations for Prudhoe Bay, and the adjusted
boundaries of the nonrural areas of: the Kenai Area; the Wasilla/Palmer
Area, including Point McKenzie; the Homer Area, including Fritz Creek
East (except Voznesenka) and the North Fork Road area; and the
Ketchikan Area, including Saxman and portions of Gravina Island
contained in 36 CFR 242.23 and 50 CFR 100.23 as revised on May 7, 2007
(72 FR 25688) is delayed until either the review of the rural
determination process and the rural determination findings are
completed or 5 years, whichever comes first. A document announcing the
compliance date will be published in the Federal Register at a later
date.

[[Page 12482]]

Dated: February 23, 2012.
Peter J. Probasco,
Assistant Regional Director, U.S. Fish and Wildlife Service, Acting
Chair, Federal Subsistence Board.
Dated: February 16, 2012.
Beth G. Pendleton,
Regional Forester, USDA--Forest Service.
[FR Doc. 2012-4786 Filed 2-29-12; 8:45 am]
BILLING CODE 3410-11-P; 4310-55-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.