Subsistence Management Regulations for Public Lands in Alaska; Rural Determination Process, 4521-4525 [2015-01621]
Download as PDF
Federal Register / Vol. 80, No. 18 / Wednesday, January 28, 2015 / Proposed Rules
Regulatory Affairs & Collaborative
Action, (202) 273–4680;
elizabeth.appel@bia.gov.
Tribal
consultation sessions on the proposed
rule published in the Federal Register
SUPPLEMENTARY INFORMATION:
4521
of January 2, 2015 (80 FR 13) will be
held at the following dates and
locations:
Date
Time
Location
Tuesday,
February
3,
2015,
*NOTE: The session will be held
February 3, not February 4..
Wednesday, February 11, 2015 .....
1 p.m.–5 p.m. (Eastern Standard
Time).
(in conjunction with the National American Indian Housing Council
legislative conference), Mayflower Renaissance Hotel, 1127 Connecticut Ave. NW. Washington, DC 20036.
Frontier Building, 3601 C Street, Room 896, Anchorage, AK 99503.
Wednesday, February 18, 2015 .....
Thursday, February 26, 2015 .........
1 p.m.– 5 p.m. (Alaska Standard
Time).
1 p.m.– 4 p.m. (Eastern Standard
Time).
1 p.m.–5 p.m. (Eastern Standard
Time).
These dates supersede the dates listed
in the January 2, 2015, Federal Register.
Please visit the following Web site for
additional updates: https://www.bia.gov/
WhoWeAre/AS-IA/ORM/HIP/index.htm.
Dated: January 14, 2015.
Kevin K. Washburn,
Assistant Secretary—Indian Affairs.
[FR Doc. 2015–01582 Filed 1–27–15; 8:45 am]
BILLING CODE 4310–4J–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–2014–0063;
FXFR13350700640–156–FF07J00000;
FBMS#4500075014]
RIN 1018–BA62
Subsistence Management Regulations
for Public Lands in Alaska; Rural
Determination Process
Forest Service, Agriculture;
Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
AGENCIES:
The Secretaries propose to
revise the regulations governing the
rural determination process for the
Federal Subsistence Program in Alaska.
Under current regulations, the Federal
Subsistence Board (Board) defines
which community or area of Alaska is
rural using guidelines and
characteristics defined by the
Secretaries. This new process will
enable the Board to be more flexible in
making decisions and take into account
the regional differences found
throughout the State.
mstockstill on DSK4VPTVN1PROD with PROPOSALS
SUMMARY:
VerDate Sep<11>2014
18:34 Jan 27, 2015
Jkt 235001
Teleconference Call-In Number: (888) 455–0045; passcode 1185469.
(following the National Congress of American Indian Executive Council Winter Session), Capital Hilton, Room Federal A, 1001 16th
Street NW., Washington, DC 20036.
Public comments: Comments
and proposals to change this proposed
rule must be received or postmarked by
April 1, 2015.
Public meetings: The Secretaries,
through the Board, will hold public
meetings in conjunction with the
Federal Subsistence Regional Advisory
Councils (Councils) to receive
comments on this proposed rule on
several dates between February 10 and
March 19, 2015. In addition, the
Councils will discuss and make their
recommendations to the Board. The
Board will discuss and evaluate
proposed regulatory changes during a
public meeting in Anchorage, AK, on or
before April 2016 and make
recommendations on the proposed rule
to the Secretary of the Interior and the
Secretary of Agriculture. See
SUPPLEMENTARY INFORMATION for specific
information on dates and locations of
the public meetings and for requesting
reasonable accommodations.
ADDRESSES: Public comments: You may
submit comments by one of the
following methods:
• Electronically: Go to the Federal
eRulemaking Portal: https://
www.regulations.gov and search for
FWS–R7–SM–2014–0063, 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
(see the Public Review Process section
below for more information).
DATES:
PO 00000
Frm 00003
Fmt 4702
Sfmt 4702
Public meetings: The Federal
Subsistence Board and the Councils’
public meetings will be held at various
locations in Alaska. See SUPPLEMENTARY
INFORMATION for specific information on
dates and locations of the public
meetings.
FOR FURTHER INFORMATION CONTACT:
Chair, Federal Subsistence Board, c/o
U.S. Fish and Wildlife Service,
Attention: Eugene R. Peltola, Jr., Office
of Subsistence Management; (907) 786–
3888 or subsistence@fws.gov. For
questions specific to National Forest
System lands, contact Thomas Whitford,
Regional Subsistence Program Leader,
USDA, Forest Service, Alaska Region;
(907) 743–9461 or twhitford@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). The Program provides a
preference to rural Alaskan residents for
taking fish and wildlife resources for
subsistence uses on Federal public
lands and waters in Alaska. Because the
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 242.1–242.28 and 50 CFR
100.1–100.28, 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 Program. The Board comprises:
E:\FR\FM\28JAP1.SGM
28JAP1
4522
Federal Register / Vol. 80, No. 18 / Wednesday, January 28, 2015 / Proposed Rules
mstockstill on DSK4VPTVN1PROD with PROPOSALS
• 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. The Board
determines which areas of Alaska are
rural and which areas are nonrural.
Alaska residents living in areas
determined to be nonrural are not
eligible to participate in the Program.
In administering the Program, the
Secretaries divided Alaska into 10
subsistence resource regions, each of
which is represented by a Regional
Advisory Council. The Regional
Advisory 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 Regional Advisory Council
members represent varied geographical,
cultural, and user interests within each
region.
Prior Rulemaking
On November 23, 1990 (55 FR 48877),
the Board published a notice in the
Federal Register explaining the
proposed Federal process for making
rural determinations, the criteria to be
used, and the application of those
criteria in preliminary determinations.
On December 17, 1990, the Board
adopted final rural and nonrural
determinations, which were published
on January 3, 1991 (56 FR 236). Final
programmatic regulations were
published on May 29, 1992, with only
slight variations in the rural
determination process (57 FR 22940). As
a result of this rulemaking, Federal
subsistence regulations at 36 CFR
242.15 and 50 CFR 100.15 require that
the rural or nonrural status of
communities or areas be reviewed every
10 years, beginning with the availability
of the 2000 census data.
Because some data from the 2000
census were not compiled and available
VerDate Sep<11>2014
18:34 Jan 27, 2015
Jkt 235001
until 2005, the Board published a
proposed rule in 2006 to revise the list
of nonrural areas recognized by the
Board (71 FR 46416, August 14, 2006).
The final rule published in the Federal
Register on May 7, 2007 (72 FR 25688).
Secretarial Review
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 reviews
and/or revisions 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.
The Board met on January 20, 2012,
to consider the Secretarial directive,
consider the Councils’
recommendations, and review all
public, Tribal, and Native Corporation
comments on the initial review of the
rural determination process. After
discussion and careful review, the
Board voted unanimously to initiate a
review of the rural determination
process and the 2010 decennial review.
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 after the review of
the rural determination process and the
decennial review are complete or in 5
years, whichever comes first. The Board
published a final rule (77 FR 12477;
March 1, 2012) extending the
compliance date.
The Board followed this action with
a request for comments and
announcement of public meetings
(77 FR 77005; December 31, 2012) to
receive public, Tribal, and Alaska
Native Corporations input on the rural
determination process.
Due to a lapse in appropriations on
October 1, 2013, and the subsequent
closure of the Federal Government,
some of the preannounced public
meetings and Tribal consultations to
PO 00000
Frm 00004
Fmt 4702
Sfmt 4702
receive comments on the rural
determination process during the
closure were cancelled. The Board
decided that an extension to the
comment period was needed to allow
for the complete participation from the
Councils, public and Tribes to address
this issue (78 FR 66885; November 7,
2013).
The Councils were briefed on the
Board’s Federal Register notice during
their winter 2013 meetings. At their fall
2013 meetings, the Councils provided a
public forum to hear from residents of
their regions, deliberate on the rural
determination process, and provide
recommendations for changes to the
Board.
The Secretaries, through the Board,
also held hearings in Barrow, Ketchikan,
Sitka, Kodiak, Bethel, Anchorage,
Fairbanks, Kotzebue, Nome, and
Dillingham to solicit comments on the
rural determination process. Public
testimony was recorded during these
hearings. Government-to-government
consultations on the rural determination
process were held between members of
the Board and Federally recognized
Tribes of Alaska, and additional
consultations were held between
members of the Board and Alaska
Native Corporations.
Altogether, the Board received 475
substantive comments from various
sources, including individuals,
members of the Councils, and other
entities or organizations, such as Alaska
Native Corporations and borough
governments. In general, this
information indicated a broad
dissatisfaction with the current rural
determination process. The aggregation
criteria were perceived as arbitrary. The
current population thresholds were seen
as inadequate to capture the reality of
rural Alaska. Additionally, the
decennial review was widely viewed to
be unnecessary.
Based on this information, the Board
at their public meeting held on April 17,
2014, elected to recommend a
simplification of the process by
determining which areas or
communities are nonrural in Alaska; all
other communities or areas would,
therefore, be rural. The Board would
make nonrural determinations using a
comprehensive approach that takes into
consideration population size and
density, economic indicators, military
presence, industrial facilities, use of fish
and wildlife, degree of remoteness and
isolation, any other relevant material,
and information provided by the public.
The Board would rely heavily on the
recommendations of the Subsistence
Regional Advisory Councils.
E:\FR\FM\28JAP1.SGM
28JAP1
Federal Register / Vol. 80, No. 18 / Wednesday, January 28, 2015 / Proposed Rules
In summary, based on Council and
public comments, Tribal and Alaska
Native Corporation consultations, and
briefing materials from the Office of
Subsistence Management, the Board
developed a proposal that simplifies the
process of rural and nonrural
determinations and submitted its
recommendation to the Secretaries on
August 15, 2014.
On November 24, 2014, the
Secretaries requested that the Board
initiate rulemaking to pursue the
regulatory changes recommended by the
mstockstill on DSK4VPTVN1PROD with PROPOSALS
Region
Region
Region
Region
Region
Region
Region
Region
Region
Region
Board. The Secretaries also requested
that the Board obtain Council
recommendations and public input, and
conduct Tribal and Alaska Native
Corporation consultation on the
proposed changes. If adopted through
the rulemaking process, the current
regulations would be revised to remove
specific guidelines, including
requirements regarding population data,
the aggregation of communities, and the
decennial review, for making rural
determinations.
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 ..........................................................................
A notice will be published of specific
dates, times, and meeting locations in
local and statewide newspapers prior to
the meetings. Locations and dates may
change based on weather or local
circumstances. The amount of work on
each Council’s agenda determines the
length of each Council meeting.
The Board will conduct tribal and
Alaska Native Corporations
consultations and discuss and evaluate
proposed changes to the rural
determination regulations during a
public meeting scheduled to be held in
Anchorage, Alaska, on or before April
2016. The Council Chairs, or their
designated representatives, will present
their respective Council’s
recommendations at the Board meeting.
Additional public testimony to the
Board will be allowed during the
meeting. At that public meeting, the
Board will deliberate and make final
recommendations to the Secretaries on
this proposed rule.
You may submit written comments
and materials concerning this proposed
rule by one of the methods listed in
ADDRESSES. If you submit a comment via
https://www.regulations.gov, your entire
comment, including any personal
identifying information, will be posted
on the Web site. If you submit a
hardcopy comment that includes
personal identifying information, you
may request at the top of your document
that we withhold this information from
public review. However, we cannot
guarantee that we will be able to do so.
We will post all hardcopy comments on
https://www.regulations.gov.
VerDate Sep<11>2014
18:34 Jan 27, 2015
Jkt 235001
Reasonable Accommodations
The Federal Subsistence Board is
committed to providing access to these
meetings for all participants. Please
direct all requests for sign language
interpreting services, closed captioning,
or other accommodation needs to
Deborah Coble, 907–786–3880,
subsistence@fws.gov, or 800–877–8339
(TTY), seven business days prior to the
meeting in which you would like to
participate.
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 79 FR 4748 (January 29, 2014).
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
PO 00000
Frm 00005
Fmt 4702
Sfmt 4702
Public Review Process—Comments,
Proposals, and Public Meetings
The Federal Subsistence Regional
Advisory Councils will have a
substantial role in reviewing this
proposed rule and making
recommendations for the final rule. The
Federal Subsistence Board, through the
Councils, will hold public meetings on
this proposed rule at the following
locations in Alaska, on the following
dates:
Yakutat ..................................
Anchorage ............................
Kodiak ...................................
Naknek ..................................
Bethel ....................................
Fairbanks ..............................
Nome ....................................
Kotzebue ...............................
Fairbanks ..............................
Barrow ..................................
Comments and materials we receive,
as well as supporting documentation we
used in preparing this proposed rule,
will be available for public inspection
on https://www.regulations.gov, or by
appointment, between 8 a.m. and 3
p.m., Monday through Friday, except
Federal holidays, at: USFWS, Office of
Subsistence Management, 1011 East
Tudor Road, Anchorage, AK 99503.
4523
March 17, 2015.
February 18, 2015.
February 10, 2015.
February 24, 2015.
February 25, 2015.
March 3, 2015.
February 18, 2015.
March 9, 2015.
March 4, 2015.
March 17, 2015.
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.’’
ANILCA does not provide specific
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, will
provide Federally recognized Tribes and
Alaska Native Corporations an
opportunity to consult on this proposed
rule.
The Board will engage in outreach
efforts for this proposed rule, including
a notification letter, 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 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 commits to efficiently and
adequately providing an opportunity to
Tribes and Alaska Native Corporations
for consultation in regard to subsistence
rulemaking.
The Board will consider Tribes’ and
Alaska Native Corporations’
information, input, and
recommendations, and address their
concerns as much as practicable.
E:\FR\FM\28JAP1.SGM
28JAP1
4524
Federal Register / Vol. 80, No. 18 / Wednesday, January 28, 2015 / Proposed Rules
Paperwork Reduction Act
Compliance With Statutory and
Regulatory Authorities
National Environmental Policy Act
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.
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.
A 1997 environmental assessment
dealt with the expansion of Federal
jurisdiction over fisheries and is
available at the office listed under FOR
FURTHER INFORMATION CONTACT. The
Secretary of the Interior, with
concurrence of the Secretary of
Agriculture, determined that expansion
of Federal jurisdiction does not
constitute a major Federal action
significantly affecting the human
environment and, therefore, signed a
Finding of No Significant Impact.
mstockstill on DSK4VPTVN1PROD with PROPOSALS
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 Federal Subsistence
Management 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).
VerDate Sep<11>2014
18:34 Jan 27, 2015
Jkt 235001
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 proposed
rule does not contain any new
collections of information that require
OMB approval. OMB has reviewed and
approved the collections of information
associated with the subsistence
regulations at 36 CFR part 242 and 50
CFR part 100, and assigned OMB
Control Number 1018–0075, which
expires February 29, 2016.
Regulatory Planning and Review
(Executive Orders 12866 and 13563)
Executive Order 12866 provides that
the Office of Information and Regulatory
Affairs (OIRA) in the Office of
Management and Budget will review all
significant rules. OIRA has reviewed
this rule and has determined that this
rule is not significant.
Executive Order 13563 reaffirms the
principles of E.O. 12866 while calling
for improvements in the nation’s
regulatory system to promote
predictability, to reduce uncertainty,
and to use the best, most innovative,
and least burdensome tools for
achieving regulatory ends. The
executive order directs agencies to
consider regulatory approaches that
reduce burdens and maintain flexibility
and freedom of choice for the public
where these approaches are relevant,
feasible, and consistent with regulatory
objectives. E.O. 13563 emphasizes
further that regulations must be based
on the best available science and that
the rulemaking process must allow for
public participation and an open
exchange of ideas. We have developed
this rule in a manner consistent with
these requirements.
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
PO 00000
Frm 00006
Fmt 4702
Sfmt 4702
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 would be by
Federal agencies, and no cost would be
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 proposed 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 does not provide
specific rights to tribes for the
subsistence taking of wildlife, fish, and
E:\FR\FM\28JAP1.SGM
28JAP1
Federal Register / Vol. 80, No. 18 / Wednesday, January 28, 2015 / Proposed Rules
• Dr. Glenn Chen, Alaska Regional
Office, Bureau of Indian Affairs;
• Trevor Fox, Alaska Regional Office,
U.S. Fish and Wildlife Service; and
• Steve Kessler and Thomas
Whitford, Alaska Regional Office, U.S.
Forest Service.
Executive Order 13211
This Executive Order requires
agencies to prepare Statements of
Energy Effects when undertaking certain
actions. However, this proposed 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.
For the reasons set out in the
preamble, the Secretaries propose to
amend 36 CFR part 242 and 50 CFR part
100 as set forth below.
Clarity of the Rule
We are required by Executive Orders
12866 and 12988, and by the
Presidential Memorandum of June 1,
1998, to write all rules in plain
language. This means that each rule we
publish must:
(a) Be logically organized;
(b) Use the active voice to address
readers directly;
(c) Use clear language rather than
jargon;
(d) Be divided into short sections and
sentences; and
(e) Use lists and tables wherever
possible.
If you feel that we have not met these
requirements, send us comments by one
of the methods listed in ADDRESSES. To
better help us revise the proposed rule,
your comments should be as specific as
possible.
mstockstill on DSK4VPTVN1PROD with PROPOSALS
shellfish. However, the Board will
provide Federally recognized Tribes and
Alaska Native Corporations an
opportunity to consult on this proposed
rule. Consultation with Alaska Native
Corporations are 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,
will provide a variety of opportunities
for consultation: 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.
■
Drafting Information
Theo Matuskowitz drafted these
regulations under the guidance of
Eugene R. Peltola, Jr. 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;
• Mary McBurney, Alaska Regional
Office, National Park Service;
VerDate Sep<11>2014
18:34 Jan 27, 2015
Jkt 235001
List of Subjects
36 CFR Part 242
50 CFR Part 100
Administrative practice and
procedure, Alaska, Fish, National
forests, Public lands, Reporting and
recordkeeping requirements, Wildlife.
Proposed Regulation Promulgation
PART—SUBSISTENCE MANAGEMENT
REGULATIONS FOR PUBLIC LANDS IN
ALASKA
1. The authority citation for both 36
CFR part 242 and 50 CFR part 100
continues to read as follows:
Authority: 16 U.S.C. 3, 472, 551, 668dd,
3101–3126; 18 U.S.C. 3551–3586; 43 U.S.C.
1733.
Subpart B—Program Structure
2. In subpart B of 36 CFR part 242 and
50 CFR part 100, § __.15 is revised to
read as follows:
■
Rural determination process.
(a) The Board determines which areas
or communities in Alaska are nonrural.
Current determinations are listed at
§ ___.23.
(b) All other communities and areas
are, therefore, rural.
Sally Jewell,
Secretary of the Interior.
Dated: December 12, 2014.
Beth G. Pendleton,
Regional Forester, USDA-Forest Service.
[FR Doc. 2015–01621 Filed 1–26–15; 11:15 am]
BILLING CODE 3410–11–P;4310–55–P
PO 00000
Frm 00007
Fmt 4702
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 174 and 180
[EPA–HQ–OPP–2014–0008; FRL–9921–55]
Receipt of Several Pesticide Petitions
Filed for Residues of Pesticide
Chemicals in or on Various
Commodities
Environmental Protection
Agency (EPA).
ACTION: Notice of filing of petitions and
request for comment.
AGENCY:
Administrative practice and
procedure, Alaska, Fish, National
forests, Public lands, Reporting and
recordkeeping requirements, Wildlife.
§ __.15
4525
Sfmt 4702
This document announces
EPA’s receipt of several initial filings of
pesticide petitions requesting the
establishment or modification of
regulations for residues of pesticide
chemicals in or on various commodities.
DATES: Comments must be received on
or before February 27, 2015.
ADDRESSES: Submit your comments,
identified by the Docket Identification
(ID) Number and the Pesticide Petition
Number (PP) of interest as shown in the
body of this document, by one of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute.
• Mail: OPP Docket, Environmental
Protection Agency Docket Center (EPA/
DC), (28221T), 1200 Pennsylvania Ave.
NW., Washington, DC 20460–0001.
• Hand Delivery: To make special
arrangements for hand delivery or
delivery of boxed information, please
follow the instructions at https://
www.epa.gov/dockets/contacts.html.
Additional instructions on commenting
or visiting the docket, along with more
information about dockets generally, is
available at https://www.epa.gov/
dockets.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Robert McNally, Biopesticides and
Pollution Prevention Division (BPPD)
(7511P), main telephone number: (703)
305–7090, email address:
BPPDFRNotices@epa.gov; or Susan
Lewis, Registration Division (RD)
(7505P), main telephone number: (703)
305–7090, email address:
RDFRNotices@epa.gov. The mailing
address for each contact person is:
Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460–0001. As part of the mailing
address, include the contact person’s
E:\FR\FM\28JAP1.SGM
28JAP1
Agencies
[Federal Register Volume 80, Number 18 (Wednesday, January 28, 2015)]
[Proposed Rules]
[Pages 4521-4525]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-01621]
=======================================================================
-----------------------------------------------------------------------
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-2014-0063; FXFR13350700640-156-FF07J00000;
FBMS#4500075014]
RIN 1018-BA62
Subsistence Management Regulations for Public Lands in Alaska;
Rural Determination Process
AGENCIES: Forest Service, Agriculture; Fish and Wildlife Service,
Interior.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Secretaries propose to revise the regulations governing
the rural determination process for the Federal Subsistence Program in
Alaska. Under current regulations, the Federal Subsistence Board
(Board) defines which community or area of Alaska is rural using
guidelines and characteristics defined by the Secretaries. This new
process will enable the Board to be more flexible in making decisions
and take into account the regional differences found throughout the
State.
DATES: Public comments: Comments and proposals to change this proposed
rule must be received or postmarked by April 1, 2015.
Public meetings: The Secretaries, through the Board, will hold
public meetings in conjunction with the Federal Subsistence Regional
Advisory Councils (Councils) to receive comments on this proposed rule
on several dates between February 10 and March 19, 2015. In addition,
the Councils will discuss and make their recommendations to the Board.
The Board will discuss and evaluate proposed regulatory changes during
a public meeting in Anchorage, AK, on or before April 2016 and make
recommendations on the proposed rule to the Secretary of the Interior
and the Secretary of Agriculture. See SUPPLEMENTARY INFORMATION for
specific information on dates and locations of the public meetings and
for requesting reasonable accommodations.
ADDRESSES: Public comments: You may submit comments by one of the
following methods:
Electronically: Go to the Federal eRulemaking Portal:
https://www.regulations.gov and search for FWS-R7-SM-2014-0063, 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 https://www.regulations.gov. This
generally means that we will post any personal information you provide
us (see the Public Review Process section below for more information).
Public meetings: The Federal Subsistence Board and the Councils'
public meetings will be held at various locations in Alaska. See
SUPPLEMENTARY INFORMATION for specific information on dates and
locations of the public meetings.
FOR FURTHER INFORMATION CONTACT: Chair, Federal Subsistence Board, c/o
U.S. Fish and Wildlife Service, Attention: Eugene R. Peltola, Jr.,
Office of Subsistence Management; (907) 786-3888 or
subsistence@fws.gov. For questions specific to National Forest System
lands, contact Thomas Whitford, Regional Subsistence Program Leader,
USDA, Forest Service, Alaska Region; (907) 743-9461 or
twhitford@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). The Program provides
a preference to rural Alaskan residents for taking fish and wildlife
resources for subsistence uses on Federal public lands and waters in
Alaska. Because the 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-
242.28 and 50 CFR 100.1-100.28, 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 Program. The
Board comprises:
[[Page 4522]]
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. The Board determines which areas of Alaska are rural and which
areas are nonrural. Alaska residents living in areas determined to be
nonrural are not eligible to participate in the Program.
In administering the Program, the Secretaries divided Alaska into
10 subsistence resource regions, each of which is represented by a
Regional Advisory Council. The Regional Advisory 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
Regional Advisory Council members represent varied geographical,
cultural, and user interests within each region.
Prior Rulemaking
On November 23, 1990 (55 FR 48877), the Board published a notice in
the Federal Register explaining the proposed Federal process for making
rural determinations, the criteria to be used, and the application of
those criteria in preliminary determinations. On December 17, 1990, the
Board adopted final rural and nonrural determinations, which were
published on January 3, 1991 (56 FR 236). Final programmatic
regulations were published on May 29, 1992, with only slight variations
in the rural determination process (57 FR 22940). As a result of this
rulemaking, Federal subsistence regulations at 36 CFR 242.15 and 50 CFR
100.15 require that the rural or nonrural status of communities or
areas be reviewed every 10 years, beginning with the availability of
the 2000 census data.
Because some data from the 2000 census were not compiled and
available until 2005, the Board published a proposed rule in 2006 to
revise the list of nonrural areas recognized by the Board (71 FR 46416,
August 14, 2006). The final rule published in the Federal Register on
May 7, 2007 (72 FR 25688).
Secretarial Review
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
reviews and/or revisions 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.
The Board met on January 20, 2012, to consider the Secretarial
directive, consider the Councils' recommendations, and review all
public, Tribal, and Native Corporation comments on the initial review
of the rural determination process. After discussion and careful
review, the Board voted unanimously to initiate a review of the rural
determination process and the 2010 decennial review. 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 after
the review of the rural determination process and the decennial review
are complete or in 5 years, whichever comes first. The Board published
a final rule (77 FR 12477; March 1, 2012) extending the compliance
date.
The Board followed this action with a request for comments and
announcement of public meetings (77 FR 77005; December 31, 2012) to
receive public, Tribal, and Alaska Native Corporations input on the
rural determination process.
Due to a lapse in appropriations on October 1, 2013, and the
subsequent closure of the Federal Government, some of the preannounced
public meetings and Tribal consultations to receive comments on the
rural determination process during the closure were cancelled. The
Board decided that an extension to the comment period was needed to
allow for the complete participation from the Councils, public and
Tribes to address this issue (78 FR 66885; November 7, 2013).
The Councils were briefed on the Board's Federal Register notice
during their winter 2013 meetings. At their fall 2013 meetings, the
Councils provided a public forum to hear from residents of their
regions, deliberate on the rural determination process, and provide
recommendations for changes to the Board.
The Secretaries, through the Board, also held hearings in Barrow,
Ketchikan, Sitka, Kodiak, Bethel, Anchorage, Fairbanks, Kotzebue, Nome,
and Dillingham to solicit comments on the rural determination process.
Public testimony was recorded during these hearings. Government-to-
government consultations on the rural determination process were held
between members of the Board and Federally recognized Tribes of Alaska,
and additional consultations were held between members of the Board and
Alaska Native Corporations.
Altogether, the Board received 475 substantive comments from
various sources, including individuals, members of the Councils, and
other entities or organizations, such as Alaska Native Corporations and
borough governments. In general, this information indicated a broad
dissatisfaction with the current rural determination process. The
aggregation criteria were perceived as arbitrary. The current
population thresholds were seen as inadequate to capture the reality of
rural Alaska. Additionally, the decennial review was widely viewed to
be unnecessary.
Based on this information, the Board at their public meeting held
on April 17, 2014, elected to recommend a simplification of the process
by determining which areas or communities are nonrural in Alaska; all
other communities or areas would, therefore, be rural. The Board would
make nonrural determinations using a comprehensive approach that takes
into consideration population size and density, economic indicators,
military presence, industrial facilities, use of fish and wildlife,
degree of remoteness and isolation, any other relevant material, and
information provided by the public. The Board would rely heavily on the
recommendations of the Subsistence Regional Advisory Councils.
[[Page 4523]]
In summary, based on Council and public comments, Tribal and Alaska
Native Corporation consultations, and briefing materials from the
Office of Subsistence Management, the Board developed a proposal that
simplifies the process of rural and nonrural determinations and
submitted its recommendation to the Secretaries on August 15, 2014.
On November 24, 2014, the Secretaries requested that the Board
initiate rulemaking to pursue the regulatory changes recommended by the
Board. The Secretaries also requested that the Board obtain Council
recommendations and public input, and conduct Tribal and Alaska Native
Corporation consultation on the proposed changes. If adopted through
the rulemaking process, the current regulations would be revised to
remove specific guidelines, including requirements regarding population
data, the aggregation of communities, and the decennial review, for
making rural determinations.
Public Review Process--Comments, Proposals, and Public Meetings
The Federal Subsistence Regional Advisory Councils will have a
substantial role in reviewing this proposed rule and making
recommendations for the final rule. The Federal Subsistence Board,
through the Councils, will hold public meetings on this proposed rule
at the following locations in Alaska, on the following dates:
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Region 1--Southeast Regional Council....... Yakutat.................... March 17, 2015.
Region 2--Southcentral Regional Council.... Anchorage.................. February 18, 2015.
Region 3--Kodiak/Aleutians Regional Council Kodiak..................... February 10, 2015.
Region 4--Bristol Bay Regional Council..... Naknek..................... February 24, 2015.
Region 5--Yukon-Kuskokwim Delta Regional Bethel..................... February 25, 2015.
Council.
Region 6--Western Interior Regional Council Fairbanks.................. March 3, 2015.
Region 7--Seward Peninsula Regional Council Nome....................... February 18, 2015.
Region 8--Northwest Arctic Regional Council Kotzebue................... March 9, 2015.
Region 9--Eastern Interior Regional Council Fairbanks.................. March 4, 2015.
Region 10--North Slope Regional Council.... Barrow..................... March 17, 2015.
----------------------------------------------------------------------------------------------------------------
A notice will be published of specific dates, times, and meeting
locations in local and statewide newspapers prior to the meetings.
Locations and dates may change based on weather or local circumstances.
The amount of work on each Council's agenda determines the length of
each Council meeting.
The Board will conduct tribal and Alaska Native Corporations
consultations and discuss and evaluate proposed changes to the rural
determination regulations during a public meeting scheduled to be held
in Anchorage, Alaska, on or before April 2016. The Council Chairs, or
their designated representatives, will present their respective
Council's recommendations at the Board meeting. Additional public
testimony to the Board will be allowed during the meeting. At that
public meeting, the Board will deliberate and make final
recommendations to the Secretaries on this proposed rule.
You may submit written comments and materials concerning this
proposed rule by one of the methods listed in ADDRESSES. If you submit
a comment via https://www.regulations.gov, your entire comment,
including any personal identifying information, will be posted on the
Web site. If you submit a hardcopy comment that includes personal
identifying information, you may request at the top of your document
that we withhold this information from public review. However, we
cannot guarantee that we will be able to do so. We will post all
hardcopy comments on https://www.regulations.gov.
Comments and materials we receive, as well as supporting
documentation we used in preparing this proposed rule, will be
available for public inspection on https://www.regulations.gov, or by
appointment, between 8 a.m. and 3 p.m., Monday through Friday, except
Federal holidays, at: USFWS, Office of Subsistence Management, 1011
East Tudor Road, Anchorage, AK 99503.
Reasonable Accommodations
The Federal Subsistence Board is committed to providing access to
these meetings for all participants. Please direct all requests for
sign language interpreting services, closed captioning, or other
accommodation needs to Deborah Coble, 907-786-3880,
subsistence@fws.gov, or 800-877-8339 (TTY), seven business days prior
to the meeting in which you would like to participate.
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 79 FR 4748 (January 29, 2014).
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.''
ANILCA does not provide specific 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, will provide Federally recognized
Tribes and Alaska Native Corporations an opportunity to consult on this
proposed rule.
The Board will engage in outreach efforts for this proposed rule,
including a notification letter, 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 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 commits to efficiently and adequately providing an opportunity to
Tribes and Alaska Native Corporations for consultation in regard to
subsistence rulemaking.
The Board will consider Tribes' and Alaska Native Corporations'
information, input, and recommendations, and address their concerns as
much as practicable.
[[Page 4524]]
Compliance With Statutory and Regulatory Authorities
National Environmental Policy Act
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. 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.
A 1997 environmental assessment dealt with the expansion of Federal
jurisdiction over fisheries and is available at the office listed under
FOR FURTHER INFORMATION CONTACT. The Secretary of the Interior, with
concurrence of the Secretary of Agriculture, determined that expansion
of Federal jurisdiction does 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 Federal Subsistence Management 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
proposed rule does not contain any new collections of information that
require OMB approval. OMB has reviewed and approved the collections of
information associated with the subsistence regulations at 36 CFR part
242 and 50 CFR part 100, and assigned OMB Control Number 1018-0075,
which expires February 29, 2016.
Regulatory Planning and Review (Executive Orders 12866 and 13563)
Executive Order 12866 provides that the Office of Information and
Regulatory Affairs (OIRA) in the Office of Management and Budget will
review all significant rules. OIRA has reviewed this rule and has
determined that this rule is not significant.
Executive Order 13563 reaffirms the principles of E.O. 12866 while
calling for improvements in the nation's regulatory system to promote
predictability, to reduce uncertainty, and to use the best, most
innovative, and least burdensome tools for achieving regulatory ends.
The executive order directs agencies to consider regulatory approaches
that reduce burdens and maintain flexibility and freedom of choice for
the public where these approaches are relevant, feasible, and
consistent with regulatory objectives. E.O. 13563 emphasizes further
that regulations must be based on the best available science and that
the rulemaking process must allow for public participation and an open
exchange of ideas. We have developed this rule in a manner consistent
with these requirements.
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 would be by Federal agencies, and no cost
would be 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 proposed 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 does not provide specific rights to tribes for
the subsistence taking of wildlife, fish, and
[[Page 4525]]
shellfish. However, the Board will provide Federally recognized Tribes
and Alaska Native Corporations an opportunity to consult on this
proposed rule. Consultation with Alaska Native Corporations are 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, will provide a variety of
opportunities for consultation: 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.
Executive Order 13211
This Executive Order requires agencies to prepare Statements of
Energy Effects when undertaking certain actions. However, this proposed
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.
Clarity of the Rule
We are required by Executive Orders 12866 and 12988, and by the
Presidential Memorandum of June 1, 1998, to write all rules in plain
language. This means that each rule we publish must:
(a) Be logically organized;
(b) Use the active voice to address readers directly;
(c) Use clear language rather than jargon;
(d) Be divided into short sections and sentences; and
(e) Use lists and tables wherever possible.
If you feel that we have not met these requirements, send us
comments by one of the methods listed in ADDRESSES. To better help us
revise the proposed rule, your comments should be as specific as
possible.
Drafting Information
Theo Matuskowitz drafted these regulations under the guidance of
Eugene R. Peltola, Jr. 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;
Mary McBurney, Alaska Regional Office, National Park
Service;
Dr. Glenn Chen, Alaska Regional Office, Bureau of Indian
Affairs;
Trevor Fox, Alaska Regional Office, U.S. Fish and Wildlife
Service; and
Steve Kessler and Thomas Whitford, 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.
Proposed Regulation Promulgation
For the reasons set out in the preamble, the Secretaries propose to
amend 36 CFR part 242 and 50 CFR part 100 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. In subpart B of 36 CFR part 242 and 50 CFR part 100, Sec. __.15 is
revised to read as follows:
Sec. __.15 Rural determination process.
(a) The Board determines which areas or communities in Alaska are
nonrural. Current determinations are listed at Sec. ___.23.
(b) All other communities and areas are, therefore, rural.
Sally Jewell,
Secretary of the Interior.
Dated: December 12, 2014.
Beth G. Pendleton,
Regional Forester, USDA-Forest Service.
[FR Doc. 2015-01621 Filed 1-26-15; 11:15 am]
BILLING CODE 3410-11-P;4310-55-P