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: http://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: http:// 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 http://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 http://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 http://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 http://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: http:// 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 http:// www.epa.gov/dockets/contacts.html. Additional instructions on commenting or visiting the docket, along with more information about dockets generally, is available at http://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]


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DEPARTMENT OF AGRICULTURE

Forest Service

36 CFR Part 242

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 100

[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.

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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: 
http://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 http://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 http://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 http://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 http://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