Subsistence Management Regulations for Public Lands in Alaska-2017-18 and 2018-19 Subsistence Taking of Fish Regulations, 3079-3085 [2018-00461]

Download as PDF Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Rules and Regulations Dated: January 18, 2018. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense. of Subsistence Management website (https://www.doi.gov/subsistence). The comments received in response to the proposed rule are available on www.regulations.gov in Docket No. FWS–R7–SM–2015–0003. [FR Doc. 2018–01168 Filed 1–22–18; 8:45 am] BILLING CODE 5001–06–P FOR FURTHER INFORMATION CONTACT: Fish and Wildlife Service 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. 50 CFR Part 100 SUPPLEMENTARY INFORMATION: [Docket No. FWS–R7–SM–2015–0003; FXFR13350700640–167–FF07J00000; FBMS#4500096963] Background DEPARTMENT OF AGRICULTURE Forest Service 36 CFR Part 242 DEPARTMENT OF THE INTERIOR RIN 1018–BA76 Subsistence Management Regulations for Public Lands in Alaska—2017–18 and 2018–19 Subsistence Taking of Fish Regulations Forest Service, Agriculture; Fish and Wildlife Service, Interior. ACTION: Final rule. AGENCY: This final rule establishes regulations for seasons, harvest limits, methods, and means related to taking of fish for subsistence uses in Alaska during the 2017–2018 and 2018–2019 regulatory years. The Federal Subsistence Board (Board) completes the biennial process of revising subsistence hunting and trapping regulations in even-numbered years and subsistence fishing and shellfish regulations in odd-numbered years; public proposal and review processes take place during the preceding year. The Board also addresses customary and traditional use determinations during the applicable biennial cycle. This rule also revises fish customary and traditional use determinations. DATES: This rule is effective January 23, 2018. ADDRESSES: The Board meeting transcripts are available for review at the Office of Subsistence Management, 1011 East Tudor Road, Mail Stop 121, Anchorage, AK 99503, or on the Office SUMMARY: Under Title VIII of the Alaska National Interest Lands Conservation Act (ANILCA) (16 U.S.C. 3111–3126), the Secretary of the Interior and the Secretary of Agriculture (Secretaries) jointly implement the Federal Subsistence Management Program. This program provides a preference for take of fish and wildlife resources for subsistence uses on Federal public lands and waters in Alaska. The Secretaries published temporary regulations to carry out this program in the Federal Register on June 29, 1990 (55 FR 27114), and published final regulations in the Federal Register on May 29, 1992 (57 FR 22940). The Program managers have subsequently amended these regulations a number of times. Because this program is a joint effort between Interior and Agriculture, these regulations are located in two titles of the Code of Federal Regulations (CFR): Title 36, ‘‘Parks, Forests, and Public Property,’’ and Title 50, ‘‘Wildlife and Fisheries,’’ at 36 CFR 242.1–242.28 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 Federal Subsistence Management Program. The Board comprises: 3079 • 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, National Park Service; • The Alaska State Director, Bureau of Land Management; • The Alaska Regional Director, Bureau of Indian Affairs; • The Alaska Regional Forester, USDA 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 participate in the development of regulations for subparts C and D, which, among other things, set forth program eligibility and specific harvest seasons and limits. In administering the program, the Secretaries divided Alaska into 10 subsistence resource regions, each of which is represented by a Federal Subsistence Regional Advisory Council (Council). The Councils provide a forum for rural residents with personal knowledge of local conditions and resource requirements to have a meaningful role in the subsistence management of fish and wildlife on Federal public lands in Alaska. The Council members represent varied geographical, cultural, and user interests within each region. The Board addresses customary and traditional use determinations during the applicable biennial cycle. Section ll.24 (customary and traditional use determinations) was originally published in the Federal Register on May 29, 1992 (57 FR 22940). The regulations at 36 CFR 242.4 and 50 CFR 100.4 define ‘‘customary and traditional use’’ as ‘‘a long-established, consistent pattern of use, incorporating beliefs and customs which have been transmitted from generation to generation. . . .’’ Since 1992, the Board has made a number of customary and traditional use determinations at the request of affected subsistence users. Those modifications, along with some administrative corrections, were published in the Federal Register as follows: sradovich on DSK3GMQ082PROD with RULES MODIFICATIONS TO § ll.24 Rule made changes to the following provisions of ll.24 Federal Register citation Date of publication 59 FR 27462 .................................................................... 59 FR 51855 .................................................................... 60 FR 10317 .................................................................... May 27, 1994 ................................................................... October 13, 1994 ............................................................. February 24, 1995 ........................................................... VerDate Sep<11>2014 15:56 Jan 22, 2018 Jkt 244001 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\23JAR1.SGM 23JAR1 Wildlife and Fish/Shellfish. Wildlife and Fish/Shellfish. Wildlife and Fish/Shellfish. 3080 Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Rules and Regulations MODIFICATIONS TO § ll.24—Continued Federal Register citation sradovich on DSK3GMQ082PROD with RULES 61 62 63 63 64 64 65 66 66 67 67 68 69 69 70 70 71 71 72 72 73 74 75 76 77 79 81 FR FR FR FR FR FR FR FR FR FR FR FR FR FR FR FR FR FR FR FR FR FR FR FR FR FR FR 39698 .................................................................... 29016 .................................................................... 35332 .................................................................... 46148 .................................................................... 1276 ...................................................................... 35776 .................................................................... 40730 .................................................................... 10142 .................................................................... 33744 .................................................................... 5890 ...................................................................... 43710 .................................................................... 7276 ...................................................................... 5018 ...................................................................... 40174 .................................................................... 13377 .................................................................... 36268 .................................................................... 15569 .................................................................... 37642 .................................................................... 12676 .................................................................... 73426 .................................................................... 35726 .................................................................... 14049 .................................................................... 37918 .................................................................... 12564 .................................................................... 35482 .................................................................... 35232 .................................................................... 52528 .................................................................... Current Rule The Departments published a proposed rule on February 22, 2016 (81 FR 8675), to amend the fish section of subparts C and D of 36 CFR part 242 and 50 CFR part 100. The proposed rule opened a comment period, which closed on April 1, 2016. The Departments advertised the proposed rule by mail, email, web page, social media, radio, and newspaper, and comments were submitted via www.regulations.gov to Docket No. FWS–R7–SM–2015–0003. During that period, the Councils met and, in addition to other Council business, received suggestions for proposals from the public. The Board received a total of 15 proposals for changes to subparts C and D; this included 1 proposal that was deemed invalid because it was beyond the scope of the Board’s authority. After the comment period closed, the Board prepared a booklet describing the proposals and distributed it to the public. The proposals were also available online. The public then had an additional 45 days in which to comment on the proposals for changes to the regulations. The 10 Councils met again, received public comments, and formulated their recommendations to the Board on proposals for their respective regions. The Councils had a substantial role in reviewing the proposed rule and making VerDate Sep<11>2014 15:56 Jan 22, 2018 Jkt 244001 Rule made changes to the following provisions of ll.24 Date of publication July 30, 1996 ................................................................... May 29, 1997 ................................................................... June 29, 1998 .................................................................. August 28, 1998 .............................................................. January 8, 1999 ............................................................... July 1, 1999 ..................................................................... June 30, 2000 .................................................................. February 13, 2001 ........................................................... June 25, 2001 .................................................................. February 7, 2002 ............................................................. June 28, 2002 .................................................................. February 12, 2003 ........................................................... February 3, 2004 ............................................................. July 1, 2004 ..................................................................... March 21, 2005 ................................................................ June 22, 2005 .................................................................. March 29, 2006 ................................................................ June 30, 2006 .................................................................. March 16, 2007 ................................................................ December 27, 2007 ......................................................... June 26, 2008 .................................................................. March 30, 2009 ................................................................ June 30, 2010 .................................................................. March 8, 2011 .................................................................. June 13, 2012 .................................................................. June 19, 2014 .................................................................. August 8, 2016 ................................................................ recommendations for the final rule. Moreover, a Council Chair, or a designated representative, presented each Council’s recommendations at the Board’s public meeting of January 10– 12, 2017. These final regulations reflect Board review and consideration of Council recommendations, Tribal and Alaska Native corporation consultations, and public comments. The public received extensive opportunity to review and comment on all changes. Of the 14 valid proposals, 10 were on the Board’s regular agenda and 4 were on the consensus agenda. The consensus agenda is made up of proposals for which there is agreement among the affected Councils, a majority of the Interagency Staff Committee members, and the Alaska Department of Fish and Game concerning a proposed regulatory action. Anyone may request that the Board remove a proposal from the consensus agenda and place it on the non-consensus (regular) agenda. The Board votes en masse on the consensus agenda after deliberation and action on all other proposals. Of the proposals on the consensus agenda, the Board adopted one; adopted two with modification; and rejected one. Analysis and justification for the action taken on each proposal on the consensus agenda are available for review at the Office of Subsistence PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 Wildlife and Fish/Shellfish. Wildlife and Fish/Shellfish. Wildlife and Fish/Shellfish. Wildlife and Fish/Shellfish. Fish/Shellfish. Wildlife. Wildlife. Fish/Shellfish. Wildlife. Fish/Shellfish. Wildlife. Fish/Shellfish. Fish/Shellfish. Wildlife. Fish/Shellfish. Wildlife. Fish/Shellfish. Wildlife. Fish/Shellfish. Wildlife/Fish. Wildlife. Fish/Shellfish. Wildlife. Fish/Shellfish. Wildlife. Wildlife. Wildlife. Management, 1011 East Tudor Road, Mail Stop 121, Anchorage, AK 99503, or on the Office of Subsistence Management website (https:// www.doi.gov/subsistence). Of the proposals on the regular (nonconsensus) agenda, the Board adopted one; adopted three with modification; rejected one; deferred one; withdrew three at the requests of the proponents; and took no action on one. Summary of Non-Consensus Proposals Not Adopted by the Board The Board rejected, deferred, or took no action on three non-consensus proposals. The rejected proposals were recommended for rejection by one or more of the Councils unless noted below. Yukon-Northern Area The Board rejected a proposal to allow for the harvest of early-run Chinook Salmon in sub-district 5D of the Yukon River based on conservation concerns and treaty obligations. This action was supported by three Councils and contrary to the recommendation of one Council. Kuskokwim Area The Board deferred action on one proposal to restructure the management plans, fishing schedules, and methods and means and allow for independent action to be taken by the in-season E:\FR\FM\23JAR1.SGM 23JAR1 Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Rules and Regulations manager on the Kuskokwim River. Action on this proposal was deferred until the next fish cycle, until the affected entities come to a conclusion, or a request to readdress this proposal is submitted. Cook Inlet Area The Board took no action on one proposal for the Kenai River. This decision was based on its earlier action on a similar proposal addressing a community gillnet. Summary of Non-Consensus Proposals Adopted by the Board The Board adopted or adopted with modification four non-consensus proposals. Modifications were suggested by the affected Council(s), developed during the analysis process, or developed during the Board’s public deliberations. All of the adopted proposals were recommended for adoption by at least one of the Councils unless noted below. Yukon-Northern Area The Board adopted a proposal to revise harvest limits to allow harvest once the mid-range of the interim management escapement goal and the total allowable catch goal are projected to be achieved on the Yukon River. The Board adopted a proposal with modification to revise the methods and means for the use of gillnets in Racetrack Slough of the Koyukuk River and the sloughs of the Huslia River drainage. Cook Inlet Area The Board adopted a proposal with modification to revise the season dates for the experimental community gillnet 3081 fishery on the Kasilof River for the residents of Ninilchik. The Board adopted a proposal to revise the season dates, reporting requirements, and household harvest limits, require the live release of Rainbow Trout and Dolly Varden, remove the requirement of an operational plan, and revise permit conditions for the community gillnet fishery on the Kenai River for the residents of Ninilchik. These final regulations reflect Board review and consideration of Council recommendations, Tribal and Alaska Native corporation consultations, and public comments. Because this rule concerns public lands managed by an agency or agencies in both the Departments of Agriculture and the Interior, identical text will be incorporated into 36 CFR part 242 and 50 CFR part 100. proposal for regulatory change (36 CFR 242.20 and 50 CFR 100.20). Therefore, the Board believes that sufficient public notice and opportunity for involvement have been given to affected persons regarding Board decisions. In the more than 25 years that the Program has been operating, no benefit to the public has been demonstrated by delaying the effective date of the subsistence regulations. A lapse in regulatory control could affect the continued viability of fish or wildlife populations and future subsistence opportunities for rural Alaskans, and would generally fail to serve the overall public interest. Therefore, the Board finds good cause pursuant to 5 U.S.C. 553(d)(3) to make this rule effective upon the date set forth in DATES to ensure continued operation of the subsistence program. Conformance With Statutory and Regulatory Authorities National Environmental Policy Act Compliance Administrative Procedure Act Compliance The Board has provided extensive opportunity for public input and involvement in compliance with Administrative Procedure Act requirements, including publishing a proposed rule in the Federal Register, participation in multiple Council meetings, additional public review and comment on all proposals for regulatory change, and opportunity for additional public comment during the Board meeting prior to deliberation. Additionally, an administrative mechanism exists (and has been used by the public) to request reconsideration of the Board’s decision on any particular 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. The following Federal Register documents pertain to this rulemaking: SUBSISTENCE MANAGEMENT REGULATIONS FOR PUBLIC LANDS IN ALASKA, SUBPARTS A, B, AND C: Federal Register DOCUMENTS PERTAINING TO THE FINAL RULE Date of publication Category of document Details 57 FR 22940 .............. May 29, 1992 ............ Final Rule .................. 64 FR 1276 ................ sradovich on DSK3GMQ082PROD with RULES Federal Register citation January 8, 1999 ........ Final Rule .................. 66 FR 31533 .............. June 12, 2001 ........... Interim Rule ............... ‘‘Subsistence Management Regulations for Public Lands in Alaska; Final Rule’’ was published in the Federal Register. Amended the regulations to include subsistence activities occurring on inland navigable waters in which the United States has a reserved water right and to identify specific Federal land units where reserved water rights exist. Extended the Federal Subsistence Board’s management to all Federal lands selected under the Alaska Native Claims Settlement Act and the Alaska Statehood Act and situated within the boundaries of a Conservation System Unit, National Recreation Area, National Conservation Area, or any new national forest or forest addition, until conveyed to the State of Alaska or to an Alaska Native Corporation. Specified and clarified the Secretaries’ authority to determine when hunting, fishing, or trapping activities taking place in Alaska off the public lands interfere with the subsistence priority. Expanded the authority that the Federal Subsistence Board may delegate to agency field officials and clarified the procedures for enacting emergency or temporary restrictions, closures, or openings. VerDate Sep<11>2014 15:56 Jan 22, 2018 Jkt 244001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\23JAR1.SGM 23JAR1 3082 Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Rules and Regulations SUBSISTENCE MANAGEMENT REGULATIONS FOR PUBLIC LANDS IN ALASKA, SUBPARTS A, B, AND C: Federal Register DOCUMENTS PERTAINING TO THE FINAL RULE—Continued Federal Register citation Date of publication Category of document Details 67 FR 30559 .............. May 7, 2002 .............. Final Rule .................. 68 FR 7703 ................ February 18, 2003 ..... Direct Final Rule ........ 68 FR 23035 .............. April 30, 2003 ............ 69 FR 60957 .............. October 14, 2004 ...... Affirmation of Direct Final Rule. Final Rule .................. 70 FR 76400 .............. December 27, 2005 .. Final Rule .................. 71 FR 49997 .............. August 24, 2006 ........ Final Rule .................. 72 FR 25688 .............. 75 FR 63088 .............. May 7, 2007 .............. October 14, 2010 ...... Final Rule .................. Final Rule .................. 76 FR 56109 .............. September 12, 2011 .. Final Rule .................. 77 FR 12477 .............. March 1, 2012 ........... Final Rule .................. 80 FR 68249 .............. November 4, 2015 ..... Final Rule .................. Amended the operating regulations in response to comments on the June 12, 2001, interim rule. Also corrected some inadvertent errors and oversights of previous rules. Clarified how old a person must be to receive certain subsistence use permits and removed the requirement that Regional Advisory Councils must have an odd number of members. Because no adverse comments were received on the direct final rule (67 FR 30559), the direct final rule was adopted. Clarified the membership qualifications for Regional Advisory Council membership and relocated the definition of ‘‘regulatory year’’ from subpart A to subpart D of the regulations. Revised jurisdiction in marine waters and clarified jurisdiction relative to military lands. Revised the jurisdiction of the subsistence program by adding submerged lands and waters in the area of Makhnati Island, near Sitka, AK. This allowed subsistence users to harvest marine resources in this area under seasons, harvest limits, and methods specified in the regulations. Revised nonrural determinations. Amended the regulations for accepting and addressing special action requests and the role of the Regional Advisory Councils in the process. Revised the composition of the Federal Subsistence Board by expanding the Board by two public members who possess personal knowledge of and direct experience with subsistence uses in rural Alaska. Extended the compliance date for the final rule (72 FR 25688, May 7, 2007) that revised nonrural determinations until the Secretarial program review is complete or in 5 years, whichever comes first. Revised the nonrural determination process and allowed the Federal Subsistence Board to define which communities and areas are nonrural. 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. sradovich on DSK3GMQ082PROD with RULES Section 810 of ANILCA Paperwork Reduction Act of 1995 (PRA) An ANILCA section 810 analysis was completed as part of the FEIS process on the Federal Subsistence Management Program. The intent of all Federal subsistence regulations is to accord subsistence uses of fish and wildlife on public lands a priority over the taking of fish and wildlife on such lands for other purposes, unless restriction is necessary to conserve healthy fish and wildlife populations. The final section 810 analysis determination appeared in the April 6, 1992, ROD and concluded that the Program, under Alternative IV with an annual process for setting subsistence regulations, may have some local impacts on subsistence uses, but VerDate Sep<11>2014 15:56 Jan 22, 2018 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). Jkt 244001 An agency may not conduct or sponsor and you are not required to respond to a collection of information unless it displays a currently valid Office of Management and Budget (OMB) control number. This rule does not contain any new collections of information that require OMB approval. OMB has reviewed and approved the 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 June 30, 2019. PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 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 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. E:\FR\FM\23JAR1.SGM 23JAR1 Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Rules and Regulations 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. sradovich on DSK3GMQ082PROD with RULES Unfunded Mandates Reform Act The Secretaries have determined and certify pursuant to the Unfunded Mandates Reform Act, 2 U.S.C. 1502 et seq., that this rulemaking will not impose a cost of $100 million or more in any given year on local or State governments or private entities. The implementation of this rule is by Federal agencies, and there is no cost imposed on any State or local entities or tribal governments. VerDate Sep<11>2014 15:56 Jan 22, 2018 Jkt 244001 Executive Order 12988 The Secretaries have determined that these regulations meet the applicable standards provided in sections 3(a) and 3(b)(2) of Executive Order 12988, regarding civil justice reform. Executive Order 13132 In accordance with Executive Order 13132, the rule does not have sufficient Federalism implications to warrant the preparation of a Federalism summary impact statement. Title VIII of ANILCA precludes the State from exercising subsistence management authority over fish and wildlife resources on Federal lands unless it meets certain requirements. Executive Order 13175 The Alaska National Interest Lands Conservation Act, Title VIII, does not provide specific rights to tribes for the subsistence taking of wildlife, fish, and shellfish. However, the Board provided Federally recognized Tribes and Alaska Native corporations opportunities to consult on this 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, provided a variety of opportunities for consultation: Commenting on proposed changes to the existing rule; engaging in dialogue at the Council meetings; engaging in dialogue at the Board’s meetings; and providing input in person, by mail, email, or phone at any time during the rulemaking process. On April 12, 2016, the Board provided Federally recognized Tribes and Alaska Native Corporations a specific opportunity to consult on this rule prior to the start of its public regulatory meeting. Federally recognized Tribes and Alaska Native Corporations were notified by mail and telephone and were given the opportunity to attend in person or via teleconference. Executive Order 13211 This Executive Order requires agencies to prepare Statements of Energy Effects when undertaking certain actions. However, this rule is not a significant regulatory action under E.O. PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 3083 13211, affecting energy supply, distribution, or use, and no Statement of Energy Effects is required. Drafting Information Theo Matuskowitz drafted these regulations under the guidance of 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; • Carol Damberg, Alaska Regional Office, U.S. Fish and Wildlife Service; and • Thomas Whitford, Alaska Regional Office, USDA Forest Service. List of Subjects 36 CFR Part 242 Administrative practice and procedure, Alaska, Fish, National forests, Public lands, Reporting and recordkeeping requirements, Wildlife. 50 CFR Part 100 Administrative practice and procedure, Alaska, Fish, National forests, Public lands, Reporting and recordkeeping requirements, Wildlife. Regulation Promulgation For the reasons set out in the preamble, the Federal Subsistence Board amends title 36, part 242, and title 50, part 100, of the Code of Federal Regulations, as set forth below. PART ____—SUBSISTENCE MANAGEMENT REGULATIONS FOR PUBLIC LANDS IN ALASKA 1. The authority citation for both 36 CFR part 242 and 50 CFR part 100 continues to read as follows: ■ Authority: 16 U.S.C. 3, 472, 551, 668dd, 3101–3126; 18 U.S.C. 3551–3586; 43 U.S.C. 1733. Subpart C—Board Determinations 2. Amend § ____.24(a)(2) in the table by revising the seventh entry under ‘‘PRINCE WILLIAM SOUND AREA:’’ to read as follows: ■ § ____.24 Customary and traditional use determinations. (a) * * * (2) * * * E:\FR\FM\23JAR1.SGM 23JAR1 3084 Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Rules and Regulations Area Species * * Determination * * * * * Prince William Sound Area * * Glennallen Subdistrict of the Upper Copper River District. * * * * Salmon ............. * * * * * Subpart D—Subsistence Taking of Fish and Wildlife 3. Amend § ____.27 by: a. Adding paragraph (e)(3)(xiii)(B); b. Revising paragraphs (e)(3)(xv)(A) and (B); ■ c. Adding paragraph (e)(3)(xvi)(F); ■ d. Revising paragraph (e)(10)(iv)(I) introductory text, and paragraph (e)(10)(iv)(J); and ■ f. Revising paragraph (e)(13)(ix). The additions and revisions read as follows: ■ ■ ■ § ____.27 Subsistence taking of fish. sradovich on DSK3GMQ082PROD with RULES * * * * * (e) * * * (3) * * * (xiii) * * * (B) In Subdistrict 5D you may take salmon once the mid-range of the Canadian interim management escapement goal and the total allowable catch goal are projected to be achieved. * * * * * (xv) * * * (A) In Subdistrict 4A upstream from the mouth of Stink Creek, you may take Chinook salmon by drift gillnets less than 150 feet in length from June 10 through July 14, and chum salmon by drift gillnets after August 2; unless closed by the Federal In-season Manager; from June 10 through August 2, the Federal In-season Manager may open fishing periods during which chum salmon may be taken by drift gillnets. (B) In Subdistrict 4A downstream from the mouth of Stink Creek, you may take Chinook salmon by drift gillnets less than 150 feet in length from June 10 through July 14; unless closed by the Federal In-season Manager; from June 10 through August 2, the Federal Inseason Manager may open fishing periods during which chum salmon may be taken by drift gillnets. * * * * * VerDate Sep<11>2014 15:56 Jan 22, 2018 * * * * Residents of the Prince William Sound Area and residents of Cantwell, Chickaloon, Chisana, Dot Lake, Dry Creek, Healy Lake, Northway, Tanacross, Tetlin, Tok, and those individuals living along the Alaska Highway from the Alaskan/Canadian border to Dot Lake, along the Tok Cutoff from Tok to Mentasta Pass, and along the Nabesna Road. Jkt 244001 * * (xvi) * * * (F) In Racetrack Slough on the Koyukuk River and in the sloughs of the Huslia River drainage, from when each river is free of ice through June 15, the offshore end of the set gillnet may not be closer than 20 feet from the opposite bank except that sloughs 40 feet or less in width may have 3⁄4 width coverage with set gillnet, unless closed by Federal special action. * * * * * (10) * * * (iv) * * * (I) Residents of Ninilchik may harvest sockeye, Chinook, coho, and pink salmon through an experimental community gillnet fishery in the Federal public waters of the upper mainstem of the Kasilof River from a Federal regulatory marker on the river below the outlet of Tustumena Lake downstream to the Tustumena Lake boat launch June 16–August 15. The experimental community gillnet fishery will expire 5 years after approval of the first operational plan. * * * * * (J) Residents of Ninilchik may harvest sockeye, Chinook, coho, and pink salmon in the Federal public waters of the Kenai River with a single gillnet to be managed and operated by the Ninilchik Traditional Council. Ninilchik residents may retain other species incidentally caught in the Kenai River except for rainbow trout and Dolly Varden; all rainbow trout and Dolly Varden must be released. (1) Only one community gillnet can be operated on the Kenai River. The gillnet cannot be over 10 fathoms in length, must be no larger than 5.25-inch mesh, and may not obstruct more than half of the river width with stationary fishing gear. Subsistence stationary gillnet gear may not be set within 200 feet of other subsistence stationary gear. (2) One registration permit will be available and will be awarded by the Federal in-season fishery manager, in PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 * * consultation with the Kenai National Wildlife Refuge manager. The registration permit will be issued to the Ninilchik Traditional Council. (i) As the community gillnet owner, the Ninilchik Traditional Council will be responsible for its use and removal in consultation with the Federal fishery manager. (ii) As part of the permit, after the season, the Ninilchik Traditional Council must provide written documentation of required evaluation information to the Federal fishery manager including, but not limited to, persons or households operating the gear, hours of operation, and number of each species caught and retained or released. (3) The Ninilchik Traditional Council may operate the net for subsistence purposes on behalf of residents of Ninilchik by requesting a subsistence fishing permit that: (i) Identifies a person who will be responsible for fishing the gillnet; (ii) Includes provisions for recording daily catches within 72 hours, the household to whom the catch was given, and other information determined to be necessary for effective resource management by the Federal fishery manager. (4) Fishing will be allowed from July 1 through August 15 and September 10– 30 on the Kenai River unless closed or otherwise restricted by Federal special action. (5) Salmon taken in the gillnet fishery will be included as part of the dip net/ rod and reel household annual limits for the Kenai River of participating households. (6) Fishing for each salmon species will end and the fishery will be closed by Federal special action prior to regulatory end dates if the annual total harvest limit for that species is reached or superseded by Federal special action. * * * * * (13) * * * E:\FR\FM\23JAR1.SGM 23JAR1 Federal Register / Vol. 83, No. 15 / Tuesday, January 23, 2018 / Rules and Regulations (ix) Nets are prohibited in streams flowing across or adjacent to the roads on Wrangell and Mitkof islands, and in streams flowing across or adjacent to the road systems connected to the community of Sitka. * * * * * Dated: December 5, 2017. Eugene R. Peltola, Jr., Assistant Regional Director, U.S. Fish and Wildlife Service Acting Chair, Federal Subsistence Board. Dated: December 6, 2017. Thomas Whitford, Subsistence Program Leader, USDA—Forest Service. [FR Doc. 2018–00461 Filed 1–22–18; 8:45 am] BILLING CODE 3410–11–P; 4333–15–P POSTAL SERVICE 39 CFR Part 266 Privacy of Information; Adding Clarifying Language Concerning the Purpose of a Contract or Interagency Agreement Postal ServiceTM. ACTION: Final rule. AGENCY: The Postal Service is adding language for clarification purposes to ensure that the purpose of a contract or interagency agreement complies with the Postal Reorganization Act and the Privacy Act of 1974. DATES: Effective date: January 23, 2018. FOR FURTHER INFORMATION CONTACT: Natalie A. Bonanno, Chief Counsel, Federal Compliance, natalie.a.bonanno@usps.gov, 202–268– 2944. SUMMARY: On October 11, 2017 (82 FR 47115), the Postal Service published its revised privacy regulations to implement numerous non-substantive editorial changes effective on the same date. These changes included renaming certain offices with privacy-related duties, modification of the roles of employees tasked with implementing aspects of the privacy regulations, and minor editorial changes to postal privacy policy to improve its consistency and clarity. The Postal Service is now adding clarifying language to ensure the purpose of a contract or interagency agreement complies with the Postal Reorganization Act and the Privacy Act of 1974. sradovich on DSK3GMQ082PROD with RULES SUPPLEMENTARY INFORMATION: List of Subjects in 39 CFR Part 266 Privacy. VerDate Sep<11>2014 For the reasons stated in the preamble, the Postal Service amends 39 CFR chapter I as follows: LEGAL SERVICES CORPORATION PART 266—[AMENDED] Income Level for Individuals Eligible for Assistance 1. The authority citation for 39 CFR part 266 continues to read as follows: ■ Authority: 5 U.S.C. 552a; 39 U.S.C. 401. 2. Revise § 266.3(b)(3) to read as follows: ■ § 266.3 Collection and disclosure of information about individuals. * * * * * (b) * * * (3) Under 39 U.S.C. 412(a), the Postal Service shall not make a mailing or other list of names or addresses (past or present) of postal patrons or other persons available to the public, unless such action is authorized by law. Consistent with this provision, the Postal Service may make such a list available as follows: (i) In accordance with 39 U.S.C. 412(b), to the Secretary of Commerce for use by the Bureau of the Census; (ii) As required by the terms of a legally enforceable contract entered into by the Postal Service under its authority contained in 39 U.S.C. 401(3) and when subject to a valid non-disclosure agreement. The purpose of the contract must comply with 5 U.S.C. 552a(n), which prohibits the sale or rental of an individual’s name and address; (iii) As required by the terms of a legally enforceable interagency agreement entered into by the Postal Service under its authority contained in 39 U.S.C. 411 and when subject to a valid non-disclosure agreement. The purpose of the interagency agreement must comply with 5 U.S.C. 552a(n), which prohibits the sale or rental of an individual’s name and address; (iv) In accordance with 5 U.S.C. 552a(b), the Postal Service may disclose a list of names and addresses of individuals pursuant to a written request by, or with the prior written consent of, each individual whose name and address is contained in such list, provided that such names and addresses are derived from records maintained by the Postal Service in a system of records as defined by 5 U.S.C. 552a(a); or (v) As otherwise expressly authorized by federal law. * * * * * Tracy A. Quinlan, Attorney, Federal Compliance. [FR Doc. 2018–01084 Filed 1–22–18; 8:45 am] Jkt 244001 PO 00000 Frm 00027 Fmt 4700 45 CFR Part 1611 Legal Services Corporation. ACTION: Final rule. AGENCY: The Legal Services Corporation (LSC) is required by law to establish maximum income levels for individuals eligible for legal assistance. This document updates the specified income levels to reflect the annual amendments to the Federal Poverty Guidelines issued by the U.S. Department of Health and Human Services (HHS). SUMMARY: DATES: Effective January 23, 2018. FOR FURTHER INFORMATION CONTACT: Stefanie K. Davis, Assistant General Counsel, Legal Services Corporation, 3333 K St. NW, Washington, DC 20007; (202) 295–1563; sdavis@lsc.gov. Section 1007(a)(2) of the Legal Services Corporation Act (Act), 42 U.S.C. 2996f(a)(2), requires LSC to establish maximum income levels for individuals eligible for legal assistance. Section 1611.3(c) of LSC’s regulations establishes a maximum income level equivalent to 125% of the Federal Poverty Guidelines (Guidelines), which HHS is responsible for updating and issuing. 45 CFR 1611.3(c). Each year, LSC updates Appendix A to 45 CFR part 1611 to provide client income eligibility standards based on the most recent Guidelines. The figures for 2018, set out below, are equivalent to 125% of the Guidelines published by HHS on January 18, 2018, 83 FR 2642. In addition, LSC is publishing a chart listing income levels that are 200% of the Guidelines. This chart is for reference purposes only as an aid to recipients in assessing the financial eligibility of an applicant whose income is greater than 125% of the applicable Guidelines amount, but less than 200% of the applicable Guidelines amount (and who may be found to be financially eligible under duly adopted exceptions to the annual income ceiling in accordance with 45 CFR 1611.3, 1611.4, and 1611.5). Except where there are minor variances due to rounding, the amount by which the guideline increases for each additional member of the household is a consistent amount. SUPPLEMENTARY INFORMATION: List of Subjects in 45 CFR Part 1611 Grant Programs—Law, Legal services. BILLING CODE 7710–12–P 15:56 Jan 22, 2018 3085 Sfmt 4700 E:\FR\FM\23JAR1.SGM 23JAR1

Agencies

[Federal Register Volume 83, Number 15 (Tuesday, January 23, 2018)]
[Rules and Regulations]
[Pages 3079-3085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00461]


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

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-2015-0003; FXFR13350700640-167-FF07J00000; 
FBMS#4500096963]
RIN 1018-BA76


Subsistence Management Regulations for Public Lands in Alaska--
2017-18 and 2018-19 Subsistence Taking of Fish Regulations

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

ACTION: Final rule.

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

SUMMARY: This final rule establishes regulations for seasons, harvest 
limits, methods, and means related to taking of fish for subsistence 
uses in Alaska during the 2017-2018 and 2018-2019 regulatory years. The 
Federal Subsistence Board (Board) completes the biennial process of 
revising subsistence hunting and trapping regulations in even-numbered 
years and subsistence fishing and shellfish regulations in odd-numbered 
years; public proposal and review processes take place during the 
preceding year. The Board also addresses customary and traditional use 
determinations during the applicable biennial cycle. This rule also 
revises fish customary and traditional use determinations.

DATES: This rule is effective January 23, 2018.

ADDRESSES: The Board meeting transcripts are available for review at 
the Office of Subsistence Management, 1011 East Tudor Road, Mail Stop 
121, Anchorage, AK 99503, or on the Office of Subsistence Management 
website (https://www.doi.gov/subsistence). The comments received in 
response to the proposed rule are available on www.regulations.gov in 
Docket No. FWS-R7-SM-2015-0003.

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 
[email protected]. For questions specific to National Forest System 
lands, contact Thomas Whitford, Regional Subsistence Program Leader, 
USDA, Forest Service, Alaska Region; (907) 743-9461 or 
[email protected].

SUPPLEMENTARY INFORMATION: 

Background

    Under Title VIII of the Alaska National Interest Lands Conservation 
Act (ANILCA) (16 U.S.C. 3111-3126), the Secretary of the Interior and 
the Secretary of Agriculture (Secretaries) jointly implement the 
Federal Subsistence Management Program. This program provides a 
preference for take of fish and wildlife resources for subsistence uses 
on Federal public lands and waters in Alaska. The Secretaries published 
temporary regulations to carry out this program in the Federal Register 
on June 29, 1990 (55 FR 27114), and published final regulations in the 
Federal Register on May 29, 1992 (57 FR 22940). The Program managers 
have subsequently amended these regulations a number of times. Because 
this program is a joint effort between Interior and Agriculture, these 
regulations are located in two titles of the Code of Federal 
Regulations (CFR): Title 36, ``Parks, Forests, and Public Property,'' 
and Title 50, ``Wildlife and Fisheries,'' at 36 CFR 242.1-242.28 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 Federal 
Subsistence Management Program. The Board comprises:
     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, National Park Service;
     The Alaska State Director, Bureau of Land Management;
     The Alaska Regional Director, Bureau of Indian Affairs;
     The Alaska Regional Forester, USDA 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 participate in the development of 
regulations for subparts C and D, which, among other things, set forth 
program eligibility and specific harvest seasons and limits.
    In administering the program, the Secretaries divided Alaska into 
10 subsistence resource regions, each of which is represented by a 
Federal Subsistence Regional Advisory Council (Council). The Councils 
provide a forum for rural residents with personal knowledge of local 
conditions and resource requirements to have a meaningful role in the 
subsistence management of fish and wildlife on Federal public lands in 
Alaska. The Council members represent varied geographical, cultural, 
and user interests within each region.
    The Board addresses customary and traditional use determinations 
during the applicable biennial cycle. Section __.24 (customary and 
traditional use determinations) was originally published in the Federal 
Register on May 29, 1992 (57 FR 22940). The regulations at 36 CFR 242.4 
and 50 CFR 100.4 define ``customary and traditional use'' as ``a long-
established, consistent pattern of use, incorporating beliefs and 
customs which have been transmitted from generation to generation. . . 
.'' Since 1992, the Board has made a number of customary and 
traditional use determinations at the request of affected subsistence 
users. Those modifications, along with some administrative corrections, 
were published in the Federal Register as follows:

                                          Modifications to Sec.   __.24
----------------------------------------------------------------------------------------------------------------
                                                                          Rule made changes to the following
       Federal Register citation             Date of publication                 provisions  of __.24
----------------------------------------------------------------------------------------------------------------
59 FR 27462............................  May 27, 1994..............  Wildlife and Fish/Shellfish.
59 FR 51855............................  October 13, 1994..........  Wildlife and Fish/Shellfish.
60 FR 10317............................  February 24, 1995.........  Wildlife and Fish/Shellfish.

[[Page 3080]]

 
61 FR 39698............................  July 30, 1996.............  Wildlife and Fish/Shellfish.
62 FR 29016............................  May 29, 1997..............  Wildlife and Fish/Shellfish.
63 FR 35332............................  June 29, 1998.............  Wildlife and Fish/Shellfish.
63 FR 46148............................  August 28, 1998...........  Wildlife and Fish/Shellfish.
64 FR 1276.............................  January 8, 1999...........  Fish/Shellfish.
64 FR 35776............................  July 1, 1999..............  Wildlife.
65 FR 40730............................  June 30, 2000.............  Wildlife.
66 FR 10142............................  February 13, 2001.........  Fish/Shellfish.
66 FR 33744............................  June 25, 2001.............  Wildlife.
67 FR 5890.............................  February 7, 2002..........  Fish/Shellfish.
67 FR 43710............................  June 28, 2002.............  Wildlife.
68 FR 7276.............................  February 12, 2003.........  Fish/Shellfish.
69 FR 5018.............................  February 3, 2004..........  Fish/Shellfish.
69 FR 40174............................  July 1, 2004..............  Wildlife.
70 FR 13377............................  March 21, 2005............  Fish/Shellfish.
70 FR 36268............................  June 22, 2005.............  Wildlife.
71 FR 15569............................  March 29, 2006............  Fish/Shellfish.
71 FR 37642............................  June 30, 2006.............  Wildlife.
72 FR 12676............................  March 16, 2007............  Fish/Shellfish.
72 FR 73426............................  December 27, 2007.........  Wildlife/Fish.
73 FR 35726............................  June 26, 2008.............  Wildlife.
74 FR 14049............................  March 30, 2009............  Fish/Shellfish.
75 FR 37918............................  June 30, 2010.............  Wildlife.
76 FR 12564............................  March 8, 2011.............  Fish/Shellfish.
77 FR 35482............................  June 13, 2012.............  Wildlife.
79 FR 35232............................  June 19, 2014.............  Wildlife.
81 FR 52528............................  August 8, 2016............  Wildlife.
----------------------------------------------------------------------------------------------------------------

Current Rule

    The Departments published a proposed rule on February 22, 2016 (81 
FR 8675), to amend the fish section of subparts C and D of 36 CFR part 
242 and 50 CFR part 100. The proposed rule opened a comment period, 
which closed on April 1, 2016. The Departments advertised the proposed 
rule by mail, email, web page, social media, radio, and newspaper, and 
comments were submitted via www.regulations.gov to Docket No. FWS-R7-
SM-2015-0003. During that period, the Councils met and, in addition to 
other Council business, received suggestions for proposals from the 
public. The Board received a total of 15 proposals for changes to 
subparts C and D; this included 1 proposal that was deemed invalid 
because it was beyond the scope of the Board's authority. After the 
comment period closed, the Board prepared a booklet describing the 
proposals and distributed it to the public. The proposals were also 
available online. The public then had an additional 45 days in which to 
comment on the proposals for changes to the regulations.
    The 10 Councils met again, received public comments, and formulated 
their recommendations to the Board on proposals for their respective 
regions. The Councils had a substantial role in reviewing the proposed 
rule and making recommendations for the final rule. Moreover, a Council 
Chair, or a designated representative, presented each Council's 
recommendations at the Board's public meeting of January 10-12, 2017. 
These final regulations reflect Board review and consideration of 
Council recommendations, Tribal and Alaska Native corporation 
consultations, and public comments. The public received extensive 
opportunity to review and comment on all changes.
    Of the 14 valid proposals, 10 were on the Board's regular agenda 
and 4 were on the consensus agenda. The consensus agenda is made up of 
proposals for which there is agreement among the affected Councils, a 
majority of the Interagency Staff Committee members, and the Alaska 
Department of Fish and Game concerning a proposed regulatory action. 
Anyone may request that the Board remove a proposal from the consensus 
agenda and place it on the non-consensus (regular) agenda. The Board 
votes en masse on the consensus agenda after deliberation and action on 
all other proposals.
    Of the proposals on the consensus agenda, the Board adopted one; 
adopted two with modification; and rejected one. Analysis and 
justification for the action taken on each proposal on the consensus 
agenda are available for review at the Office of Subsistence 
Management, 1011 East Tudor Road, Mail Stop 121, Anchorage, AK 99503, 
or on the Office of Subsistence Management website (https://www.doi.gov/subsistence). Of the proposals on the regular (non-
consensus) agenda, the Board adopted one; adopted three with 
modification; rejected one; deferred one; withdrew three at the 
requests of the proponents; and took no action on one.

Summary of Non-Consensus Proposals Not Adopted by the Board

    The Board rejected, deferred, or took no action on three non-
consensus proposals. The rejected proposals were recommended for 
rejection by one or more of the Councils unless noted below.

Yukon-Northern Area

    The Board rejected a proposal to allow for the harvest of early-run 
Chinook Salmon in sub-district 5D of the Yukon River based on 
conservation concerns and treaty obligations. This action was supported 
by three Councils and contrary to the recommendation of one Council.

Kuskokwim Area

    The Board deferred action on one proposal to restructure the 
management plans, fishing schedules, and methods and means and allow 
for independent action to be taken by the in-season

[[Page 3081]]

manager on the Kuskokwim River. Action on this proposal was deferred 
until the next fish cycle, until the affected entities come to a 
conclusion, or a request to readdress this proposal is submitted.

Cook Inlet Area

    The Board took no action on one proposal for the Kenai River. This 
decision was based on its earlier action on a similar proposal 
addressing a community gillnet.

Summary of Non-Consensus Proposals Adopted by the Board

    The Board adopted or adopted with modification four non-consensus 
proposals. Modifications were suggested by the affected Council(s), 
developed during the analysis process, or developed during the Board's 
public deliberations. All of the adopted proposals were recommended for 
adoption by at least one of the Councils unless noted below.

Yukon-Northern Area

    The Board adopted a proposal to revise harvest limits to allow 
harvest once the mid-range of the interim management escapement goal 
and the total allowable catch goal are projected to be achieved on the 
Yukon River.
    The Board adopted a proposal with modification to revise the 
methods and means for the use of gillnets in Racetrack Slough of the 
Koyukuk River and the sloughs of the Huslia River drainage.

Cook Inlet Area

    The Board adopted a proposal with modification to revise the season 
dates for the experimental community gillnet fishery on the Kasilof 
River for the residents of Ninilchik.
    The Board adopted a proposal to revise the season dates, reporting 
requirements, and household harvest limits, require the live release of 
Rainbow Trout and Dolly Varden, remove the requirement of an 
operational plan, and revise permit conditions for the community 
gillnet fishery on the Kenai River for the residents of Ninilchik.
    These final regulations reflect Board review and consideration of 
Council recommendations, Tribal and Alaska Native corporation 
consultations, and public comments. Because this rule concerns public 
lands managed by an agency or agencies in both the Departments of 
Agriculture and the Interior, identical text will be incorporated into 
36 CFR part 242 and 50 CFR part 100.

Conformance With Statutory and Regulatory Authorities

Administrative Procedure Act Compliance

    The Board has provided extensive opportunity for public input and 
involvement in compliance with Administrative Procedure Act 
requirements, including publishing a proposed rule in the Federal 
Register, participation in multiple Council meetings, additional public 
review and comment on all proposals for regulatory change, and 
opportunity for additional public comment during the Board meeting 
prior to deliberation. Additionally, an administrative mechanism exists 
(and has been used by the public) to request reconsideration of the 
Board's decision on any particular proposal for regulatory change (36 
CFR 242.20 and 50 CFR 100.20). Therefore, the Board believes that 
sufficient public notice and opportunity for involvement have been 
given to affected persons regarding Board decisions.
    In the more than 25 years that the Program has been operating, no 
benefit to the public has been demonstrated by delaying the effective 
date of the subsistence regulations. A lapse in regulatory control 
could affect the continued viability of fish or wildlife populations 
and future subsistence opportunities for rural Alaskans, and would 
generally fail to serve the overall public interest. Therefore, the 
Board finds good cause pursuant to 5 U.S.C. 553(d)(3) to make this rule 
effective upon the date set forth in DATES to ensure continued 
operation of the subsistence program.

National Environmental Policy Act Compliance

    A Draft Environmental Impact Statement that described four 
alternatives for developing a Federal Subsistence Management Program 
was distributed for public comment on October 7, 1991. The Final 
Environmental Impact Statement (FEIS) was published on February 28, 
1992. 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.
    The following Federal Register documents pertain to this 
rulemaking:

 Subsistence Management Regulations for Public Lands in Alaska, Subparts A, B, and C: Federal Register Documents
                                          Pertaining to the Final Rule
----------------------------------------------------------------------------------------------------------------
  Federal Register  citation         Date of publication            Category of document            Details
----------------------------------------------------------------------------------------------------------------
57 FR 22940...................  May 29, 1992.................  Final Rule...................  ``Subsistence
                                                                                               Management
                                                                                               Regulations for
                                                                                               Public Lands in
                                                                                               Alaska; Final
                                                                                               Rule'' was
                                                                                               published in the
                                                                                               Federal Register.
64 FR 1276....................  January 8, 1999..............  Final Rule...................  Amended the
                                                                                               regulations to
                                                                                               include
                                                                                               subsistence
                                                                                               activities
                                                                                               occurring on
                                                                                               inland navigable
                                                                                               waters in which
                                                                                               the United States
                                                                                               has a reserved
                                                                                               water right and
                                                                                               to identify
                                                                                               specific Federal
                                                                                               land units where
                                                                                               reserved water
                                                                                               rights exist.
                                                                                               Extended the
                                                                                               Federal
                                                                                               Subsistence
                                                                                               Board's
                                                                                               management to all
                                                                                               Federal lands
                                                                                               selected under
                                                                                               the Alaska Native
                                                                                               Claims Settlement
                                                                                               Act and the
                                                                                               Alaska Statehood
                                                                                               Act and situated
                                                                                               within the
                                                                                               boundaries of a
                                                                                               Conservation
                                                                                               System Unit,
                                                                                               National
                                                                                               Recreation Area,
                                                                                               National
                                                                                               Conservation
                                                                                               Area, or any new
                                                                                               national forest
                                                                                               or forest
                                                                                               addition, until
                                                                                               conveyed to the
                                                                                               State of Alaska
                                                                                               or to an Alaska
                                                                                               Native
                                                                                               Corporation.
                                                                                               Specified and
                                                                                               clarified the
                                                                                               Secretaries'
                                                                                               authority to
                                                                                               determine when
                                                                                               hunting, fishing,
                                                                                               or trapping
                                                                                               activities taking
                                                                                               place in Alaska
                                                                                               off the public
                                                                                               lands interfere
                                                                                               with the
                                                                                               subsistence
                                                                                               priority.
66 FR 31533...................  June 12, 2001................  Interim Rule.................  Expanded the
                                                                                               authority that
                                                                                               the Federal
                                                                                               Subsistence Board
                                                                                               may delegate to
                                                                                               agency field
                                                                                               officials and
                                                                                               clarified the
                                                                                               procedures for
                                                                                               enacting
                                                                                               emergency or
                                                                                               temporary
                                                                                               restrictions,
                                                                                               closures, or
                                                                                               openings.

[[Page 3082]]

 
67 FR 30559...................  May 7, 2002..................  Final Rule...................  Amended the
                                                                                               operating
                                                                                               regulations in
                                                                                               response to
                                                                                               comments on the
                                                                                               June 12, 2001,
                                                                                               interim rule.
                                                                                               Also corrected
                                                                                               some inadvertent
                                                                                               errors and
                                                                                               oversights of
                                                                                               previous rules.
68 FR 7703....................  February 18, 2003............  Direct Final Rule............  Clarified how old
                                                                                               a person must be
                                                                                               to receive
                                                                                               certain
                                                                                               subsistence use
                                                                                               permits and
                                                                                               removed the
                                                                                               requirement that
                                                                                               Regional Advisory
                                                                                               Councils must
                                                                                               have an odd
                                                                                               number of
                                                                                               members.
68 FR 23035...................  April 30, 2003...............  Affirmation of Direct Final    Because no adverse
                                                                Rule.                          comments were
                                                                                               received on the
                                                                                               direct final rule
                                                                                               (67 FR 30559),
                                                                                               the direct final
                                                                                               rule was adopted.
69 FR 60957...................  October 14, 2004.............  Final Rule...................  Clarified the
                                                                                               membership
                                                                                               qualifications
                                                                                               for Regional
                                                                                               Advisory Council
                                                                                               membership and
                                                                                               relocated the
                                                                                               definition of
                                                                                               ``regulatory
                                                                                               year'' from
                                                                                               subpart A to
                                                                                               subpart D of the
                                                                                               regulations.
70 FR 76400...................  December 27, 2005............  Final Rule...................  Revised
                                                                                               jurisdiction in
                                                                                               marine waters and
                                                                                               clarified
                                                                                               jurisdiction
                                                                                               relative to
                                                                                               military lands.
71 FR 49997...................  August 24, 2006..............  Final Rule...................  Revised the
                                                                                               jurisdiction of
                                                                                               the subsistence
                                                                                               program by adding
                                                                                               submerged lands
                                                                                               and waters in the
                                                                                               area of Makhnati
                                                                                               Island, near
                                                                                               Sitka, AK. This
                                                                                               allowed
                                                                                               subsistence users
                                                                                               to harvest marine
                                                                                               resources in this
                                                                                               area under
                                                                                               seasons, harvest
                                                                                               limits, and
                                                                                               methods specified
                                                                                               in the
                                                                                               regulations.
72 FR 25688...................  May 7, 2007..................  Final Rule...................  Revised nonrural
                                                                                               determinations.
75 FR 63088...................  October 14, 2010.............  Final Rule...................  Amended the
                                                                                               regulations for
                                                                                               accepting and
                                                                                               addressing
                                                                                               special action
                                                                                               requests and the
                                                                                               role of the
                                                                                               Regional Advisory
                                                                                               Councils in the
                                                                                               process.
76 FR 56109...................  September 12, 2011...........  Final Rule...................  Revised the
                                                                                               composition of
                                                                                               the Federal
                                                                                               Subsistence Board
                                                                                               by expanding the
                                                                                               Board by two
                                                                                               public members
                                                                                               who possess
                                                                                               personal
                                                                                               knowledge of and
                                                                                               direct experience
                                                                                               with subsistence
                                                                                               uses in rural
                                                                                               Alaska.
77 FR 12477...................  March 1, 2012................  Final Rule...................  Extended the
                                                                                               compliance date
                                                                                               for the final
                                                                                               rule (72 FR
                                                                                               25688, May 7,
                                                                                               2007) that
                                                                                               revised nonrural
                                                                                               determinations
                                                                                               until the
                                                                                               Secretarial
                                                                                               program review is
                                                                                               complete or in 5
                                                                                               years, whichever
                                                                                               comes first.
80 FR 68249...................  November 4, 2015.............  Final Rule...................  Revised the
                                                                                               nonrural
                                                                                               determination
                                                                                               process and
                                                                                               allowed the
                                                                                               Federal
                                                                                               Subsistence Board
                                                                                               to define which
                                                                                               communities and
                                                                                               areas are
                                                                                               nonrural.
----------------------------------------------------------------------------------------------------------------

    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 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 of 1995 (PRA)

    An agency may not conduct or sponsor and you are not required to 
respond to a collection of information unless it displays a currently 
valid Office of Management and Budget (OMB) control number. This rule 
does not contain any new collections of information that require OMB 
approval. OMB has reviewed and approved the 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 
June 30, 2019.

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 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.

[[Page 3083]]

Regulatory Flexibility Act

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

Small Business Regulatory Enforcement Fairness Act

    Under the Small Business Regulatory Enforcement Fairness Act (5 
U.S.C. 801 et seq.), this rule is not a major rule. It does not have an 
effect on the economy of $100 million or more, will not cause a major 
increase in costs or prices for consumers, and does not have 
significant adverse effects on competition, employment, investment, 
productivity, innovation, or the ability of U.S.-based enterprises to 
compete with foreign-based enterprises.

Executive Order 12630

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

Unfunded Mandates Reform Act

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

Executive Order 12988

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

Executive Order 13132

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

Executive Order 13175

    The Alaska National Interest Lands Conservation Act, Title VIII, 
does not provide specific rights to tribes for the subsistence taking 
of wildlife, fish, and shellfish. However, the Board provided Federally 
recognized Tribes and Alaska Native corporations opportunities to 
consult on this 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, provided a variety of 
opportunities for consultation: Commenting on proposed changes to the 
existing rule; engaging in dialogue at the Council meetings; engaging 
in dialogue at the Board's meetings; and providing input in person, by 
mail, email, or phone at any time during the rulemaking process.
    On April 12, 2016, the Board provided Federally recognized Tribes 
and Alaska Native Corporations a specific opportunity to consult on 
this rule prior to the start of its public regulatory meeting. 
Federally recognized Tribes and Alaska Native Corporations were 
notified by mail and telephone and were given the opportunity to attend 
in person or via teleconference.

Executive Order 13211

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

Drafting Information

    Theo Matuskowitz drafted these regulations under the guidance of 
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;
     Carol Damberg, Alaska Regional Office, U.S. Fish and 
Wildlife Service; and
     Thomas Whitford, Alaska Regional Office, USDA Forest 
Service.

List of Subjects

36 CFR Part 242

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

50 CFR Part 100

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

Regulation Promulgation

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

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

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

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

Subpart C--Board Determinations

0
2. Amend Sec.  ____.24(a)(2) in the table by revising the seventh entry 
under ``PRINCE WILLIAM SOUND AREA:'' to read as follows:


Sec.  ____.24  Customary and traditional use determinations.

    (a) * * *
    (2) * * *

[[Page 3084]]



------------------------------------------------------------------------
            Area                     Species            Determination
------------------------------------------------------------------------
 
                              * * * * * * *
------------------------------------------------------------------------
                        Prince William Sound Area
------------------------------------------------------------------------
 
                              * * * * * * *
Glennallen Subdistrict of     Salmon..............  Residents of the
 the Upper Copper River                              Prince William
 District.                                           Sound Area and
                                                     residents of
                                                     Cantwell,
                                                     Chickaloon,
                                                     Chisana, Dot Lake,
                                                     Dry Creek, Healy
                                                     Lake, Northway,
                                                     Tanacross, Tetlin,
                                                     Tok, and those
                                                     individuals living
                                                     along the Alaska
                                                     Highway from the
                                                     Alaskan/Canadian
                                                     border to Dot Lake,
                                                     along the Tok
                                                     Cutoff from Tok to
                                                     Mentasta Pass, and
                                                     along the Nabesna
                                                     Road.
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *

Subpart D--Subsistence Taking of Fish and Wildlife

0
3. Amend Sec.  ____.27 by:
0
a. Adding paragraph (e)(3)(xiii)(B);
0
b. Revising paragraphs (e)(3)(xv)(A) and (B);
0
c. Adding paragraph (e)(3)(xvi)(F);
0
d. Revising paragraph (e)(10)(iv)(I) introductory text, and paragraph 
(e)(10)(iv)(J); and
0
f. Revising paragraph (e)(13)(ix).
    The additions and revisions read as follows:


Sec.  ____.27  Subsistence taking of fish.

* * * * *
    (e) * * *
    (3) * * *
    (xiii) * * *
    (B) In Subdistrict 5D you may take salmon once the mid-range of the 
Canadian interim management escapement goal and the total allowable 
catch goal are projected to be achieved.
* * * * *
    (xv) * * *
    (A) In Subdistrict 4A upstream from the mouth of Stink Creek, you 
may take Chinook salmon by drift gillnets less than 150 feet in length 
from June 10 through July 14, and chum salmon by drift gillnets after 
August 2; unless closed by the Federal In-season Manager; from June 10 
through August 2, the Federal In-season Manager may open fishing 
periods during which chum salmon may be taken by drift gillnets.
    (B) In Subdistrict 4A downstream from the mouth of Stink Creek, you 
may take Chinook salmon by drift gillnets less than 150 feet in length 
from June 10 through July 14; unless closed by the Federal In-season 
Manager; from June 10 through August 2, the Federal In-season Manager 
may open fishing periods during which chum salmon may be taken by drift 
gillnets.
* * * * *
    (xvi) * * *
    (F) In Racetrack Slough on the Koyukuk River and in the sloughs of 
the Huslia River drainage, from when each river is free of ice through 
June 15, the offshore end of the set gillnet may not be closer than 20 
feet from the opposite bank except that sloughs 40 feet or less in 
width may have \3/4\ width coverage with set gillnet, unless closed by 
Federal special action.
* * * * *
    (10) * * *
    (iv) * * *
    (I) Residents of Ninilchik may harvest sockeye, Chinook, coho, and 
pink salmon through an experimental community gillnet fishery in the 
Federal public waters of the upper mainstem of the Kasilof River from a 
Federal regulatory marker on the river below the outlet of Tustumena 
Lake downstream to the Tustumena Lake boat launch June 16-August 15. 
The experimental community gillnet fishery will expire 5 years after 
approval of the first operational plan.
* * * * *
    (J) Residents of Ninilchik may harvest sockeye, Chinook, coho, and 
pink salmon in the Federal public waters of the Kenai River with a 
single gillnet to be managed and operated by the Ninilchik Traditional 
Council. Ninilchik residents may retain other species incidentally 
caught in the Kenai River except for rainbow trout and Dolly Varden; 
all rainbow trout and Dolly Varden must be released.
    (1) Only one community gillnet can be operated on the Kenai River. 
The gillnet cannot be over 10 fathoms in length, must be no larger than 
5.25-inch mesh, and may not obstruct more than half of the river width 
with stationary fishing gear. Subsistence stationary gillnet gear may 
not be set within 200 feet of other subsistence stationary gear.
    (2) One registration permit will be available and will be awarded 
by the Federal in-season fishery manager, in consultation with the 
Kenai National Wildlife Refuge manager. The registration permit will be 
issued to the Ninilchik Traditional Council.
    (i) As the community gillnet owner, the Ninilchik Traditional 
Council will be responsible for its use and removal in consultation 
with the Federal fishery manager.
    (ii) As part of the permit, after the season, the Ninilchik 
Traditional Council must provide written documentation of required 
evaluation information to the Federal fishery manager including, but 
not limited to, persons or households operating the gear, hours of 
operation, and number of each species caught and retained or released.
    (3) The Ninilchik Traditional Council may operate the net for 
subsistence purposes on behalf of residents of Ninilchik by requesting 
a subsistence fishing permit that:
    (i) Identifies a person who will be responsible for fishing the 
gillnet;
    (ii) Includes provisions for recording daily catches within 72 
hours, the household to whom the catch was given, and other information 
determined to be necessary for effective resource management by the 
Federal fishery manager.
    (4) Fishing will be allowed from July 1 through August 15 and 
September 10-30 on the Kenai River unless closed or otherwise 
restricted by Federal special action.
    (5) Salmon taken in the gillnet fishery will be included as part of 
the dip net/rod and reel household annual limits for the Kenai River of 
participating households.
    (6) Fishing for each salmon species will end and the fishery will 
be closed by Federal special action prior to regulatory end dates if 
the annual total harvest limit for that species is reached or 
superseded by Federal special action.
* * * * *
    (13) * * *

[[Page 3085]]

    (ix) Nets are prohibited in streams flowing across or adjacent to 
the roads on Wrangell and Mitkof islands, and in streams flowing across 
or adjacent to the road systems connected to the community of Sitka.
* * * * *

    Dated: December 5, 2017.
Eugene R. Peltola, Jr.,
Assistant Regional Director, U.S. Fish and Wildlife Service Acting 
Chair, Federal Subsistence Board.
    Dated: December 6, 2017.
Thomas Whitford,
Subsistence Program Leader, USDA--Forest Service.
[FR Doc. 2018-00461 Filed 1-22-18; 8:45 am]
 BILLING CODE 3410-11-P; 4333-15-P