Subsistence Management Regulations for Public Lands in Alaska-2019-20 and 2020-21 Subsistence Taking of Fish and Shellfish Regulations, 12689-12694 [2018-05848]
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Federal Register / Vol. 83, No. 57 / Friday, March 23, 2018 / Proposed Rules
The Proposal
The FAA is proposing an amendment
to Title 14, Code of Federal Regulations
(14 CFR) part 71 by establishing Class E
airspace area extending upward from
700 feet above the surface to within a
6.0-mile radius of Washington Island
Airport, Washington Island, WI, to
accommodate new standard instrument
approach procedures. This action would
enhance safety and the management of
IFR operations at the airport.
Class E airspace designations are
published in paragraph 6005 of FAA
Order 7400.11B, dated August 3, 2017,
and effective September 15, 2017, which
is incorporated by reference in 14 CFR
71.1. The Class E airspace designation
listed in this document will be
published subsequently in the Order.
Regulatory Notices and Analyses
The FAA has determined that this
proposed regulation only involves an
established body of technical
regulations for which frequent and
routine amendments are necessary to
keep them operationally current, is noncontroversial and unlikely to result in
adverse or negative comments. It,
therefore: (1) Is not a ‘‘significant
regulatory action’’ under Executive
Order 12866; (2) is not a ‘‘significant
rule’’ under DOT Regulatory Policies
and Procedures (44 FR 11034; February
26, 1979); and (3) does not warrant
preparation of a regulatory evaluation as
the anticipated impact is so minimal.
Since this is a routine matter that will
only affect air traffic procedures and air
navigation, it is certified that this
proposed rule, when promulgated,
would not have a significant economic
impact on a substantial number of small
entities under the criteria of the
Regulatory Flexibility Act.
Environmental Review
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§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of FAA Order 7400.11B,
Airspace Designations and Reporting
Points, dated August 3, 2017, and
effective September 15, 2017, is
amended as follows:
■
Paragraph 6005 Class E Airspace Areas
Extending Upward From 700 Feet or More
Above the Surface of the Earth.
*
*
*
*
*
AGL WI E5 Washington Island, WI [New]
Washington Island Airport, WI
(Lat. 45°23′18″ N, long. 86°55′27″ W)
That airspace extending upward from 700
feet above the surface within a 6-mile radius
of the Washington Island Airport.
Issued in Fort Worth, Texas, on March 15,
2018.
Christopher L. Southerland,
Acting Manager, Operations Support Group,
ATO Central Service Center.
[FR Doc. 2018–05887 Filed 3–22–18; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Part 242
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 100
Subsistence Management Regulations
for Public Lands in Alaska—2019–20
and 2020–21 Subsistence Taking of
Fish and Shellfish Regulations
Airspace, Incorporation by reference,
Navigation (air).
Forest Service, Agriculture;
Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
AGENCY:
This proposed rule would
establish regulations for fish and
shellfish seasons, harvest limits,
methods, and means related to taking of
fish and shellfish for subsistence uses
SUMMARY:
Accordingly, pursuant to the
authority delegated to me, the Federal
Aviation Administration proposes to
amend 14 CFR part 71 as follows:
18:37 Mar 22, 2018
Authority 49 U.S.C. 106(f), 106(g); 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
RIN 1018–BC06
List of Subjects in 14 CFR Part 71
VerDate Sep<11>2014
1. The authority citation for 14 CFR
part 71 continues to read as follows:
■
[Docket No. FWS–R7–SM–2017–0096;
FXFR13350700640–189–FF07J00000; FBMS
#4500117020]
This proposal will be subject to an
environmental analysis in accordance
with FAA Order 1050.1F,
‘‘Environmental Impacts: Policies and
Procedures’’ prior to any FAA final
regulatory action.
The Proposed Amendment
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
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12689
during the 2019–2020 and 2020–2021
regulatory years. The Federal
Subsistence Board (Board) is on a
schedule of completing the process of
revising subsistence taking of fish and
shellfish regulations in odd-numbered
years and subsistence taking of wildlife
regulations in even-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 cycle; in addition, during
the rulemaking cycle for the fish and
shellfish regulations, the Board will
accept proposals for nonrural
determinations. When final, the
resulting rulemaking will replace the
existing subsistence fish and shellfish
taking regulations. This proposed rule
could also amend the general
regulations on subsistence taking of fish
and wildlife.
DATES:
Public comments: Comments and
proposals to change this proposed rule
must be received or postmarked by
April 23, 2018.
Public meetings: The Federal
Subsistence Regional Advisory Councils
held public meetings to receive
comments and make proposals to
change this proposed rule February 13
through March 14, 2018, and will hold
another round of public meetings to
discuss and receive comments on the
proposals, and make recommendations
on the proposals to the Federal
Subsistence Board, on several dates
between August 21 and November 6,
2018. The Board will discuss and
evaluate proposed regulatory changes
during a public meeting in Anchorage,
AK, in January 2019. See
SUPPLEMENTARY INFORMATION for specific
information on dates and locations of
the public meetings.
ADDRESSES:
Public meetings: The Federal
Subsistence Board and the Federal
Subsistence Regional Advisory
Councils’ public meetings are held at
various locations in Alaska. See
SUPPLEMENTARY INFORMATION for specific
information on dates and locations of
the public meetings.
Public comments: You may submit
comments by one of the following
methods:
• Electronically: Go to the Federal
eRulemaking Portal: https://
www.regulations.gov and search for
FWS–R7–SM–2017–0096, which is the
docket number for this rulemaking.
• By hard copy: U.S. mail or handdelivery to: USFWS, Office of
Subsistence Management, 1011 East
Tudor Road, MS 121, Attn: Theo
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Federal Register / Vol. 83, No. 57 / Friday, March 23, 2018 / Proposed Rules
Matuskowitz, Anchorage, AK 99503–
6199, or hand delivery to the Designated
Federal Official attending any of the
Federal Subsistence Regional Advisory
Council public meetings. See
SUPPLEMENTARY INFORMATION for
additional information on locations of
the public meetings.
We will post all comments on https://
www.regulations.gov. This generally
means that we will post any personal
information you provide us (see the
Public Review Process section below for
more information).
FOR FURTHER INFORMATION CONTACT:
Chair, Federal Subsistence Board, c/o
U.S. Fish and Wildlife Service,
Attention: Gene Peltola, Office of
Subsistence Management; (907) 786–
3888 or subsistence@fws.gov. For
questions specific to National Forest
System lands, contact Thomas Whitford,
Regional Subsistence Program Leader,
USDA, Forest Service, Alaska Region;
(907) 743–9461 or twhitford@fs.fed.us.
SUPPLEMENTARY INFORMATION:
Background
Under Title VIII of the Alaska
National Interest Lands Conservation
Act (ANILCA) (16 U.S.C. 3111–3126),
the Secretary of the Interior and the
Secretary of Agriculture (hereafter
referred to as ‘‘the Secretaries’’) jointly
implement the Federal Subsistence
Management Program (hereafter referred
to as ‘‘the Program’’). The Program
provides a preference for take of fish
and wildlife resources for subsistence
uses on Federal public lands and waters
in Alaska. Only Alaska residents of
areas identified as rural are eligible to
participate in the Program. The
Secretaries published temporary
regulations to carry out the Program in
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Region
Region
Region
Region
Region
Region
Region
Region
Region
Region
1—Southeast Regional Council .......................................................................................
2—Southcentral Regional Council ..................................................................................
3—Kodiak/Aleutians Regional Council ..........................................................................
4—Bristol Bay Regional Council .....................................................................................
5—Yukon–Kuskokwim Delta Regional Council .............................................................
6—Western Interior Regional Council ............................................................................
7—Seward Peninsula Regional Council ..........................................................................
8—Northwest Arctic Regional Council ...........................................................................
9—Eastern Interior Regional Council ..............................................................................
10—North Slope Regional Council .................................................................................
During April 2018, the written
proposals to change the regulations at
subpart D, take of fish and shellfish, and
subpart C, customary and traditional use
and nonrural determinations, will be
compiled and distributed for public
review. Written public comments will
Region
Region
Region
Region
the Federal Register on June 29, 1990
(55 FR 27114), and final regulations on
May 29, 1992 (57 FR 22940). Program
officials have subsequently amended
these regulations a number of times.
Because the Program is a joint effort
between the Departments of the Interior
and Agriculture, these regulations are
located in two titles of the Code of
Federal Regulations (CFR): The
Agriculture regulations are at title 36,
‘‘Parks, Forests, and Public Property,’’
and the Interior regulations are at title
50, ‘‘Wildlife and Fisheries,’’ at 36 CFR
242.1–28 and 50 CFR 100.1–28,
respectively. Consequently, to indicate
that identical changes are proposed for
regulations in both titles 36 and 50, in
this document we will present
references to specific sections of the
CFR as shown in the following example:
§ ll.24.
The Program regulations contain
subparts as follows: Subpart A, General
Provisions; Subpart B, Program
Structure; Subpart C, Board
Determinations; and Subpart D,
Subsistence Taking of Fish and Wildlife.
Consistent with subpart B of these
regulations, the Secretaries established a
Federal Subsistence Board to administer
the Program. The Board comprises:
• 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, U.S.
Forest Service; and
be accepted on the distributed proposals
during a second 30-day public comment
period, which is presently scheduled to
end June 1, 2018.
The Board, through the Regional
Advisory Councils, will hold a second
series of public meetings in August
1—Southeast Regional Council .......................................................................................
2—Southcentral Regional Council ..................................................................................
3—Kodiak/Aleutians Regional Council ..........................................................................
4—Bristol Bay Regional Council .....................................................................................
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• Two public members appointed by
the Secretary of the Interior with
concurrence of the Secretary of
Agriculture.
Through the Board, these agencies
and public members participate in the
development of regulations for subparts
C and D. Subpart C sets forth important
Board determinations regarding program
eligibility, i.e., which areas of Alaska are
considered rural and which species are
harvested in those areas as part of a
‘‘customary and traditional use’’ for
subsistence purposes. Subpart D sets
forth 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 Regional
Advisory Council. The Regional
Advisory Councils provide a forum for
rural residents with personal knowledge
of local conditions and resource
requirements to have a meaningful role
in the subsistence management of fish
and wildlife on Federal public lands in
Alaska. The Regional Advisory Council
members represent varied geographical,
cultural, and user interests within each
region.
Public Review Process—Comments,
Proposals, and Public Meetings
The Federal Subsistence Regional
Advisory Councils will have a
substantial role in reviewing this
proposed rule and making
recommendations for the final rule. The
Federal Subsistence Board, through the
Federal Subsistence Regional Advisory
Councils, held public meetings on this
proposed rule at the following locations
in Alaska, on the following dates:
Wrangell ....................
Anchorage .................
Kodiak .......................
Naknek .......................
Bethel .........................
Anchorage .................
Nome .........................
Kotzebue ....................
Fairbanks ...................
Utqigvik .....................
February 13, 2018.
March 6, 2018.
February 22, 2018.
March 13, 2018.
March 14, 2018.
February 20, 2018.
March 5, 2018.
February 28, 2018.
February 28, 2018.
February 14, 2018.
through November 2018, to receive
comments on specific proposals and to
develop recommendations to the Board
at the following locations in Alaska, on
the following dates:
Sitka ...........................
TBD ............................
Sand Point .................
Dillingham .................
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October 2, 2018.
October 29, 2018.
September 18, 2018.
November 6, 2018.
Federal Register / Vol. 83, No. 57 / Friday, March 23, 2018 / Proposed Rules
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Region
Region
Region
Region
Region
Region
5—Yukon–Kuskokwim Delta Regional Council .............................................................
6—Western Interior Regional Council ............................................................................
7—Seward Peninsula Regional Council ..........................................................................
8—Northwest Arctic Regional Council ...........................................................................
9—Eastern Interior Regional Council ..............................................................................
10—North Slope Regional Council .................................................................................
A notice will be published of specific
dates, times, and meeting locations in
local and statewide newspapers prior to
both series of meetings. Locations and
dates may change based on weather or
local circumstances. The amount of
work on each Regional Advisory
Council’s agenda determines the length
of each Regional Advisory Council
meeting.
The Board will discuss and evaluate
proposed changes to the subsistence
management regulations during a public
meeting scheduled to be held in
Anchorage, Alaska, in January 2019.
The Federal Subsistence Regional
Advisory Council Chairs, or their
designated representatives, will present
their respective Councils’
recommendations at the Board meeting.
Additional oral testimony may be
provided on specific proposals before
the Board at that time. At that public
meeting, the Board will deliberate and
take final action on proposals received
that request changes to this proposed
rule.
Proposals to the Board to modify the
general fish and wildlife regulations,
fish and shellfish harvest regulations,
and customary and traditional use
determinations must include the
following information:
a. Name, address, and telephone
number of the requestor;
b. Each section and/or paragraph
designation in this proposed rule for
which changes are suggested, if
applicable;
c. A description of the regulatory
change(s) desired;
d. A statement explaining why each
change is necessary;
e. Proposed wording changes; and
f. Any additional information that you
believe will help the Board in
evaluating the proposed change.
Proposals to the Board to modify the
nonrural determinations must include
the following information:
a. Full name and mailing address of
the proponent;
b. A statement describing the
proposed nonrural determination action
requested;
c. A detailed description of the
community or area under consideration,
including any current boundaries,
borders, or distinguishing landmarks, so
as to identify which Alaska residents
would be affected by the change in
nonrural status;
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d. Rationale and supporting evidence
(law, policy, factors, or guidance) for the
Board to consider in determining the
nonrural status of a community or area;
e. A detailed statement of the facts
that illustrate that the community or
area is nonrural or rural using the
rationale and supporting evidence
stated above; and
f. Any additional information
supporting the proposed change.
The Board immediately rejects
proposals that fail to include the above
information, or proposals that are
beyond the scope of authorities in
§§ ll.23, ll.24, subpart C (the
regulations governing nonrural
determinations and customary and
traditional use), and §§ ll.25, ll.27,
and ll.28 of subpart D (the general
and specific regulations governing the
subsistence take of fish and shellfish). If
a proposal needs clarification, prior to
being distributed for public review, the
proponent may be contacted, and the
proposal could be revised based on their
input. Once a proposal is distributed for
public review, no additional changes
may be made as part of the original
submission. During the January 2019
meeting, the Board may defer review
and action on some proposals to allow
time for cooperative planning efforts, or
to acquire additional needed
information. The Board may elect to
defer taking action on any given
proposal if the workload of staff,
Regional Advisory Councils, or the
Board becomes excessive. These
deferrals may be based on
recommendations by the affected
Regional Advisory Council(s) or staff
members, or on the basis of the Board’s
intention to do least harm to the
subsistence user and the resource
involved. A proponent of a proposal
may withdraw the proposal provided it
has not been considered, and a
recommendation has not been made, by
a Regional Advisory Council. The Board
may consider and act on alternatives
that address the intent of a proposal
while differing in approach.
You may submit written comments
and materials concerning this proposed
rule by one of the methods listed in
ADDRESSES. If you submit a comment via
https://www.regulations.gov, your entire
comment, including any personal
identifying information, will be posted
on the website. If you submit a
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Bethel .........................
Galena ........................
Nome .........................
Anchorage .................
Tanana .......................
Point Hope ................
12691
September 27, 2018.
October 10, 2018.
October 23, 2018.
October 24, 2018.
October 9, 2018.
August 21, 2018.
hardcopy comment that includes
personal identifying information, you
may request at the top of your document
that we withhold this information from
public review. However, we cannot
guarantee that we will be able to do so.
We will post all hardcopy comments on
https://www.regulations.gov.
Comments and materials we receive,
as well as supporting documentation we
used in preparing this proposed rule,
will be available for public inspection
on https://www.regulations.gov at Docket
No. FWS–R7–SM–2017–0096, or by
appointment, between 8 a.m. and 3
p.m., Monday through Friday, except
Federal holidays, at: USFWS, Office of
Subsistence Management, 1011 East
Tudor Road, Anchorage, AK 99503.
Reasonable Accommodations
The Federal Subsistence Board is
committed to providing access to these
meetings for all participants. Please
direct all requests for sign language
interpreting services, closed captioning,
or other accommodation needs to Caron
McKee, 907–786–3880, subsistence@
fws.gov, or 800–877–8339 (TTY), seven
business days prior to the meeting you
would like to attend.
Tribal Consultation and Comment
As expressed in Executive Order
13175, ‘‘Consultation and Coordination
with Indian Tribal Governments,’’ the
Federal officials that have been
delegated authority by the Secretaries
are committed to honoring the unique
government-to-government political
relationship that exists between the
Federal Government and Federally
Recognized Indian Tribes (Tribes) as
listed in 82 FR 4915 (January 17, 2017).
Consultation with Alaska Native
corporations is based on Public Law
108–199, div. H, Sec. 161, Jan. 23, 2004,
118 Stat. 452, as amended by Public
Law 108–447, div. H, title V, Sec. 518,
Dec. 8, 2004, 118 Stat. 3267, which
provides that: ‘‘The Director of the
Office of Management and Budget and
all Federal agencies shall hereafter
consult with Alaska Native corporations
on the same basis as Indian tribes under
Executive Order No. 13175.’’
The Alaska National Interest Lands
Conservation Act does not provide
specific rights to Tribes for the
subsistence taking of wildlife, fish, and
shellfish. However, because tribal
members are affected by subsistence
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fishing, hunting, and trapping
regulations, the Secretaries, through the
Board, will provide Federally
recognized Tribes and Alaska Native
corporations an opportunity to consult
on this proposed rule.
The Board will engage in outreach
efforts for this proposed rule, including
a notification letter, to ensure that
Tribes and Alaska Native corporations
are advised of the mechanisms by which
they can participate. The Board
provides a variety of opportunities for
consultation: Proposing changes to the
existing rule; commenting on proposed
changes to the existing rule; engaging in
dialogue at the Regional Council
meetings; engaging in dialogue at the
Board’s meetings; and providing input
in person, by mail, email, or phone at
any time during the rulemaking process.
The Board will commit to efficiently
and adequately providing an
opportunity to Tribes and Alaska Native
corporations for consultation in regard
to subsistence rulemaking.
The Board will consider Tribes’ and
Alaska Native corporations’
information, input, and
recommendations, and address their
concerns as much as practicable.
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Developing the 2019–20 and 2020–21
Fish and Shellfish Seasons and Harvest
Limit Proposed Regulations
In titles 36 and 50 of the CFR, the
subparts C and D regulations are subject
to periodic review and revision. The
Board currently completes the process
of revising subsistence take of fish and
shellfish regulations in odd-numbered
years and wildlife regulations in evennumbered years; public proposal and
review processes take place during the
preceding year. The Board also
addresses customary and traditional use
determinations during the applicable
cycle, and nonrural determinations
during the fish and shellfish cycle.
The current subsistence program
regulations form the starting point for
consideration during each new
rulemaking cycle. Consequently, in this
rulemaking action pertaining to fish and
shellfish, the Board will consider
proposals to revise the regulations in
any of the following sections of titles 36
and 50 of the CFR:
• § ll.23: Rural determinations;
• § ll.24: Customary and
traditional use determinations;
• § ll.25: General provisions
governing the subsistence take of
wildlife, fish, and shellfish;
• § ll.27: Specific provisions
governing the subsistence take of fish;
and
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• § ll.28: Specific provisions
governing the subsistence take of
shellfish.
As such, the text of the proposed
2019–21 subparts C and D subsistence
regulations in titles 36 and 50 is the
combined text of previously issued rules
that revised these sections of the
regulations. The following Federal
Register citations show when these CFR
sections were last revised. Therefore,
the regulations established by these four
final rules constitute the text of this
proposed rule:
The text of the proposed amendments
to 36 CFR 242.23 and 50 CFR 100.23 is
the final rule for Rural Determinations,
Nonrural List (80 FR 68245; November
4, 2015).
The text of the proposed amendments
to 36 CFR 242.24 and 242.27 and 50
CFR 100.24 and 100.27 is the final rule
for the 2017–2019 regulatory period for
fish (83 FR 3079; January 23, 2018).
The text of the proposed amendments
to 36 CFR 242.25 and 50 CFR 100.25 is
the final rule for the 2015–17 regulatory
period for fish (80 FR 28192; May 18,
2015).
The text of the proposed amendments
to 36 CFR 242.28 and 50 CFR 100.28 is
the final rule for the 2011–13 regulatory
period for fish and shellfish (76 FR
12564; March 8, 2011).
These regulations will remain in
effect until subsequent Board action
changes elements as a result of the
public review process outlined above in
this document and a final rule is
published.
Compliance With Statutory and
Regulatory Authorities
National Environmental Policy Act
A Draft Environmental Impact
Statement that described four
alternatives for developing a Federal
Subsistence Management Program was
distributed for public comment on
October 7, 1991. The Final
Environmental Impact Statement (FEIS)
was published on February 28, 1992.
The Record of Decision (ROD) on
Subsistence Management for Federal
Public Lands in Alaska was signed April
6, 1992. The selected alternative in the
FEIS (Alternative IV) defined the
administrative framework of an annual
regulatory cycle for subsistence
regulations.
A 1997 environmental assessment
dealt with the expansion of Federal
jurisdiction over fisheries and is
available at the office listed under FOR
FURTHER INFORMATION CONTACT. The
Secretary of the Interior, with
concurrence of the Secretary of
Agriculture, determined that expansion
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of Federal jurisdiction does not
constitute a major Federal action
significantly affecting the human
environment and, therefore, signed a
Finding of No Significant Impact.
Section 810 of ANILCA
An ANILCA section 810 analysis was
completed as part of the FEIS process on
the Federal Subsistence Management
Program. The intent of all Federal
subsistence regulations is to accord
subsistence uses of fish and wildlife on
public lands a priority over the taking
of fish and wildlife on such lands for
other purposes, unless restriction is
necessary to conserve healthy fish and
wildlife populations. The final section
810 analysis determination appeared in
the April 6, 1992, ROD and concluded
that the Federal Subsistence
Management Program, under
Alternative IV with an annual process
for setting subsistence regulations, may
have some local impacts on subsistence
uses, but will not likely restrict
subsistence uses significantly.
During the subsequent environmental
assessment process for extending
fisheries jurisdiction, an evaluation of
the effects of the subsistence program
regulations was conducted in
accordance with section 810. That
evaluation also supported the
Secretaries’ determination that the
regulations will not reach the ‘‘may
significantly restrict’’ threshold that
would require notice and hearings
under ANILCA section 810(a).
Paperwork Reduction Act (PRA)
This proposed rule does not contain
any new collections of information that
require OMB approval under the PRA
(44 U.S.C. 3501 et seq.) OMB has
reviewed and approved the collections
of information associated with the
subsistence regulations at 36 CFR 242
and 50 CFR 100, and assigned OMB
Control Number 1018–0075, which
expires June 20, 2019. We 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.
Regulatory Planning and Review
(Executive Order 12866)
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 proposed 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
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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 proposed rule in a manner
consistent with these requirements.
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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
proposed 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 proposed rule is not a major
rule. It will 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 will 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
proposed regulations have no potential
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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 proposed rule does not have
sufficient Federalism implications to
warrant the preparation of a Federalism
Assessment. Title VIII of ANILCA
precludes the State from exercising
subsistence management authority over
fish and wildlife resources on Federal
lands unless it meets certain
requirements.
Executive Order 13175
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 Secretaries,
through the Board, will provide
Federally recognized Tribes and Alaska
Native corporations an opportunity to
consult on this proposed rule.
Consultations with Alaska Native
corporations are based on Public Law
108–199, div. H, Sec. 161, Jan. 23, 2004,
118 Stat. 452, as amended by Public
Law 108–447, div. H, title V, Sec. 518,
Dec. 8, 2004, 118 Stat. 3267, which
provides that: ‘‘The Director of the
Office of Management and Budget and
all Federal agencies shall hereafter
consult with Alaska Native corporations
on the same basis as Indian tribes under
Executive Order No. 13175.’’
The Secretaries, through the Board,
will provide a variety of opportunities
for consultation: Commenting on
proposed changes to the existing rule;
engaging in dialogue at the Regional
Council meetings; engaging in dialogue
at the Board’s meetings; and providing
input in person, by mail, email, or
phone at any time during the
rulemaking process.
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Executive Order 13211
This Executive Order requires
agencies to prepare Statements of
Energy Effects when undertaking certain
actions. However, this proposed rule is
not a significant regulatory action under
E.O. 13211, affecting energy supply,
distribution, or use, and no Statement of
Energy Effects is required.
Drafting Information
Theo Matuskowitz drafted this
proposed rule under the guidance of
Gene Peltola 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.
Proposed Regulation Promulgation
For the reasons set out in the
preamble, the Federal Subsistence
Board proposes to amend 36 CFR part
242 and 50 CFR part 100 for the 2019–
20 and 2020–21 regulatory years.
The text of the proposed amendments
to 36 CFR 242.23 and 50 CFR 100.23 is
the final rule for rural determinations
that set forth the nonrural list (80 FR
68245; November 4, 2015).
The text of the proposed amendments
to 36 CFR 242.24 and 242.27 and 50
CFR 100.24 and 100.27 is the final rule
for the 2017–2019 regulatory period for
fish (83 FR 3079; January 23, 2018).
The text of the proposed amendments
to 36 CFR 242.25 and 50 CFR 100.25 is
the final rule for the 2015–17 regulatory
period for fish (80 FR 28192; May 18,
2015).
The text of the proposed amendments
to 36 CFR 242.28 and 50 CFR 100.28 is
the final rule for the 2011–13 regulatory
period for fish and shellfish (76 FR
12564; March 8, 2011).
E:\FR\FM\23MRP1.SGM
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12694
Federal Register / Vol. 83, No. 57 / Friday, March 23, 2018 / Proposed Rules
Dated: December 12, 2017.
Eugene R. Peltola, Jr.
Assistant Regional Director, U.S. Fish and
Wildlife Service, Acting Chair, Federal
Subsistence Board.
Thomas Whitford,
Subsistence Program Leader, USDA—Forest
Service.
Editorial Note: The Office of the Federal
Register received this document on March
19, 2018.
[FR Doc. 2018–05848 Filed 3–22–18; 8:45 am]
BILLING CODE 3411–15–P; 4333–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2018–0120; FRL–9975–
81—Region 9]
Approval of California Air Plan
Revisions; Butte County Air Quality
Management District; Stationary
Source Permits
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
revision to the Butte County Air Quality
Management District (BCAQMD)
portion of the California State
Implementation Plan (SIP). This
revision concerns the District’s New
SUMMARY:
Source Review (NSR) permitting
program for new and modified sources
of air pollution. We are proposing action
on a local rule under the Clean Air Act
as amended in 1990 (CAA or the Act).
We are taking comments on this
proposal and plan to follow with a final
action.
DATES: Any comments must arrive by
April 23, 2018.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R09–
OAR–2018–0120 at https://
www.regulations.gov, or via email to T.
Khoi Nguyen, at nguyen.thien@epa.gov.
For comments submitted at
Regulations.gov, follow the online
instructions for submitting comments.
Once submitted, comments cannot be
removed or edited from Regulations.gov.
For either manner of submission, the
EPA may publish any comment received
to its public docket. Do not submit
electronically any information you
consider to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. The EPA will
generally not consider comments or
comment contents located outside of the
primary submission (i.e., on the web,
cloud, or other file sharing system). For
additional submission methods, please
contact the person identified in the FOR
section.
For the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets.
FURTHER INFORMATION CONTACT
FOR FURTHER INFORMATION CONTACT:
T.
Khoi Nguyen, EPA Region IX, (415)
947–4120, nguyen.thien@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. The State’s Submittal
A. What rule did the State submit?
B. Are there other versions of this rule?
C. What is the purpose of the submitted
rule?
II. The EPA’s Evaluation and Action
A. How is the EPA evaluating the rule?
B. Does the rule meet the evaluation
criteria?
C. Public Comment and Proposed Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. The State’s Submittal
A. What rule did the State submit?
Table 1 lists the rule addressed by this
proposal with the dates that it was
amended by the BCAQMD and
submitted by the California Air
Resources Board (CARB), which is the
governor’s designee for California SIP
submittals.
TABLE 1—SUBMITTED RULE
Local agency
Rule No.
Rule title
BCAQMD ..................................
432 ...........
Federal New Source Review ......................................................
On December 12, 2017, the submittal
for the BCAQMD was deemed by
operation of law to meet the
completeness criteria in 40 CFR part 51
Appendix V, which must be met before
formal EPA review.
B. Are there other versions of this rule?
On December 22, 2016, the EPA
finalized a limited approval and limited
disapproval of Rule 432. 81 FR 93820.
amozie on DSK30RV082PROD with PROPOSALS
C. What is the purpose of the submitted
rule?
Section 110(a) of the CAA requires
states to submit regulations that include
a pre-construction permit program for
certain new or modified stationary
sources of pollutants, including a permit
program as required by Part D of Title
I of the CAA.
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Amended
The purpose of District Rule 432 is to
implement a federal preconstruction
permit program for new and modified
minor sources of regulated NSR
pollutants, and new and modified major
sources of regulated NSR pollutants for
which the area is designated
nonattainment. BCAQMD is currently
designated as a nonattainment area for
the 2008 8-hr ozone and 2006 24-hr
PM2.5 NAAQS. The rule revision further
corrects a deficiency in which the EPA
previously finalized a limited
disapproval of Rule 432 because we
determined that the rule does not fully
satisfy 40 CFR 51.165(a)(13)’s
requirements for regulation of PM2.5
precursors as it pertains to ammonia.
We present our evaluation under the
CAA and the EPA’s regulations of the
revised NSR rule submitted by CARB, as
identified in Table 1, and provide our
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Submitted
6/12/17
reasoning in general terms below and a
more detailed analysis in our technical
support document (TSD), which is
available in the docket for the proposed
rulemaking.
II. The EPA’s Evaluation and Action
A. How is the EPA evaluating the rule?
The submitted rule must meet the
CAA’s general requirements for SIPs
and SIP revisions in CAA sections
110(a)(2), 110(l), and 193 as well as the
applicable requirements contained in
part D of title I of the Act (sections 172
and 173) for a nonattainment NSR
permit program. In addition, the
submitted rule must contain the
applicable regulatory provisions of 40
CFR 51.160–51.165 and 40 CFR 51.307.
Among other things, section 110 of
the Act requires that SIP rules be
enforceable and provides that the EPA
E:\FR\FM\23MRP1.SGM
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]]>Agencies
[Federal Register Volume 83, Number 57 (Friday, March 23, 2018)]
[Proposed Rules]
[Pages 12689-12694]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05848]
=======================================================================
-----------------------------------------------------------------------
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-2017-0096; FXFR13350700640-189-FF07J00000; FBMS
#4500117020]
RIN 1018-BC06
Subsistence Management Regulations for Public Lands in Alaska--
2019-20 and 2020-21 Subsistence Taking of Fish and Shellfish
Regulations
AGENCY: Forest Service, Agriculture; Fish and Wildlife Service,
Interior.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This proposed rule would establish regulations for fish and
shellfish seasons, harvest limits, methods, and means related to taking
of fish and shellfish for subsistence uses during the 2019-2020 and
2020-2021 regulatory years. The Federal Subsistence Board (Board) is on
a schedule of completing the process of revising subsistence taking of
fish and shellfish regulations in odd-numbered years and subsistence
taking of wildlife regulations in even-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 cycle; in addition, during the rulemaking cycle for the fish
and shellfish regulations, the Board will accept proposals for nonrural
determinations. When final, the resulting rulemaking will replace the
existing subsistence fish and shellfish taking regulations. This
proposed rule could also amend the general regulations on subsistence
taking of fish and wildlife.
DATES:
Public comments: Comments and proposals to change this proposed
rule must be received or postmarked by April 23, 2018.
Public meetings: The Federal Subsistence Regional Advisory Councils
held public meetings to receive comments and make proposals to change
this proposed rule February 13 through March 14, 2018, and will hold
another round of public meetings to discuss and receive comments on the
proposals, and make recommendations on the proposals to the Federal
Subsistence Board, on several dates between August 21 and November 6,
2018. The Board will discuss and evaluate proposed regulatory changes
during a public meeting in Anchorage, AK, in January 2019. See
SUPPLEMENTARY INFORMATION for specific information on dates and
locations of the public meetings.
ADDRESSES:
Public meetings: The Federal Subsistence Board and the Federal
Subsistence Regional Advisory Councils' public meetings are held at
various locations in Alaska. See SUPPLEMENTARY INFORMATION for specific
information on dates and locations of the public meetings.
Public comments: You may submit comments by one of the following
methods:
Electronically: Go to the Federal eRulemaking Portal:
https://www.regulations.gov and search for FWS-R7-SM-2017-0096, which is
the docket number for this rulemaking.
By hard copy: U.S. mail or hand-delivery to: USFWS, Office
of Subsistence Management, 1011 East Tudor Road, MS 121, Attn: Theo
[[Page 12690]]
Matuskowitz, Anchorage, AK 99503-6199, or hand delivery to the
Designated Federal Official attending any of the Federal Subsistence
Regional Advisory Council public meetings. See SUPPLEMENTARY
INFORMATION for additional information on locations of the public
meetings.
We will post all comments on https://www.regulations.gov. This
generally means that we will post any personal information you provide
us (see the Public Review Process section below for more information).
FOR FURTHER INFORMATION CONTACT: Chair, Federal Subsistence Board, c/o
U.S. Fish and Wildlife Service, Attention: Gene Peltola, 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 (hereafter referred to as ``the
Secretaries'') jointly implement the Federal Subsistence Management
Program (hereafter referred to as ``the Program''). The Program
provides a preference for take of fish and wildlife resources for
subsistence uses on Federal public lands and waters in Alaska. Only
Alaska residents of areas identified as rural are eligible to
participate in the Program. The Secretaries published temporary
regulations to carry out the Program in the Federal Register on June
29, 1990 (55 FR 27114), and final regulations on May 29, 1992 (57 FR
22940). Program officials have subsequently amended these regulations a
number of times.
Because the Program is a joint effort between the Departments of
the Interior and Agriculture, these regulations are located in two
titles of the Code of Federal Regulations (CFR): The Agriculture
regulations are at title 36, ``Parks, Forests, and Public Property,''
and the Interior regulations are at title 50, ``Wildlife and
Fisheries,'' at 36 CFR 242.1-28 and 50 CFR 100.1-28, respectively.
Consequently, to indicate that identical changes are proposed for
regulations in both titles 36 and 50, in this document we will present
references to specific sections of the CFR as shown in the following
example: Sec. __.24.
The Program regulations contain subparts as follows: Subpart A,
General Provisions; Subpart B, Program Structure; Subpart C, Board
Determinations; and Subpart D, Subsistence Taking of Fish and Wildlife.
Consistent with subpart B of these regulations, the Secretaries
established a Federal Subsistence Board to administer the Program. The
Board comprises:
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, U.S. Forest Service; and
Two public members appointed by the Secretary of the
Interior with concurrence of the Secretary of Agriculture.
Through the Board, these agencies and public members participate in
the development of regulations for subparts C and D. Subpart C sets
forth important Board determinations regarding program eligibility,
i.e., which areas of Alaska are considered rural and which species are
harvested in those areas as part of a ``customary and traditional use''
for subsistence purposes. Subpart D sets forth 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
Regional Advisory Council. The Regional Advisory Councils provide a
forum for rural residents with personal knowledge of local conditions
and resource requirements to have a meaningful role in the subsistence
management of fish and wildlife on Federal public lands in Alaska. The
Regional Advisory Council members represent varied geographical,
cultural, and user interests within each region.
Public Review Process--Comments, Proposals, and Public Meetings
The Federal Subsistence Regional Advisory Councils will have a
substantial role in reviewing this proposed rule and making
recommendations for the final rule. The Federal Subsistence Board,
through the Federal Subsistence Regional Advisory Councils, held public
meetings on this proposed rule at the following locations in Alaska, on
the following dates:
Region 1--Southeast Regional Council. Wrangell............................ February 13, 2018.
Region 2--Southcentral Regional Anchorage........................... March 6, 2018.
Council.
Region 3--Kodiak/Aleutians Regional Kodiak.............................. February 22, 2018.
Council.
Region 4--Bristol Bay Regional Naknek.............................. March 13, 2018.
Council.
Region 5--Yukon-Kuskokwim Delta Bethel.............................. March 14, 2018.
Regional Council.
Region 6--Western Interior Regional Anchorage........................... February 20, 2018.
Council.
Region 7--Seward Peninsula Regional Nome................................ March 5, 2018.
Council.
Region 8--Northwest Arctic Regional Kotzebue............................ February 28, 2018.
Council.
Region 9--Eastern Interior Regional Fairbanks........................... February 28, 2018.
Council.
Region 10--North Slope Regional Utqigvik............................ February 14, 2018.
Council.
During April 2018, the written proposals to change the regulations
at subpart D, take of fish and shellfish, and subpart C, customary and
traditional use and nonrural determinations, will be compiled and
distributed for public review. Written public comments will be accepted
on the distributed proposals during a second 30-day public comment
period, which is presently scheduled to end June 1, 2018.
The Board, through the Regional Advisory Councils, will hold a
second series of public meetings in August through November 2018, to
receive comments on specific proposals and to develop recommendations
to the Board at the following locations in Alaska, on the following
dates:
Region 1--Southeast Regional Council. Sitka............................... October 2, 2018.
Region 2--Southcentral Regional TBD................................. October 29, 2018.
Council.
Region 3--Kodiak/Aleutians Regional Sand Point.......................... September 18, 2018.
Council.
Region 4--Bristol Bay Regional Dillingham.......................... November 6, 2018.
Council.
[[Page 12691]]
Region 5--Yukon-Kuskokwim Delta Bethel.............................. September 27, 2018.
Regional Council.
Region 6--Western Interior Regional Galena.............................. October 10, 2018.
Council.
Region 7--Seward Peninsula Regional Nome................................ October 23, 2018.
Council.
Region 8--Northwest Arctic Regional Anchorage........................... October 24, 2018.
Council.
Region 9--Eastern Interior Regional Tanana.............................. October 9, 2018.
Council.
Region 10--North Slope Regional Point Hope.......................... August 21, 2018.
Council.
A notice will be published of specific dates, times, and meeting
locations in local and statewide newspapers prior to both series of
meetings. Locations and dates may change based on weather or local
circumstances. The amount of work on each Regional Advisory Council's
agenda determines the length of each Regional Advisory Council meeting.
The Board will discuss and evaluate proposed changes to the
subsistence management regulations during a public meeting scheduled to
be held in Anchorage, Alaska, in January 2019. The Federal Subsistence
Regional Advisory Council Chairs, or their designated representatives,
will present their respective Councils' recommendations at the Board
meeting. Additional oral testimony may be provided on specific
proposals before the Board at that time. At that public meeting, the
Board will deliberate and take final action on proposals received that
request changes to this proposed rule.
Proposals to the Board to modify the general fish and wildlife
regulations, fish and shellfish harvest regulations, and customary and
traditional use determinations must include the following information:
a. Name, address, and telephone number of the requestor;
b. Each section and/or paragraph designation in this proposed rule
for which changes are suggested, if applicable;
c. A description of the regulatory change(s) desired;
d. A statement explaining why each change is necessary;
e. Proposed wording changes; and
f. Any additional information that you believe will help the Board
in evaluating the proposed change.
Proposals to the Board to modify the nonrural determinations must
include the following information:
a. Full name and mailing address of the proponent;
b. A statement describing the proposed nonrural determination
action requested;
c. A detailed description of the community or area under
consideration, including any current boundaries, borders, or
distinguishing landmarks, so as to identify which Alaska residents
would be affected by the change in nonrural status;
d. Rationale and supporting evidence (law, policy, factors, or
guidance) for the Board to consider in determining the nonrural status
of a community or area;
e. A detailed statement of the facts that illustrate that the
community or area is nonrural or rural using the rationale and
supporting evidence stated above; and
f. Any additional information supporting the proposed change.
The Board immediately rejects proposals that fail to include the
above information, or proposals that are beyond the scope of
authorities in Sec. Sec. __.23, __.24, subpart C (the regulations
governing nonrural determinations and customary and traditional use),
and Sec. Sec. __.25, __.27, and __.28 of subpart D (the general and
specific regulations governing the subsistence take of fish and
shellfish). If a proposal needs clarification, prior to being
distributed for public review, the proponent may be contacted, and the
proposal could be revised based on their input. Once a proposal is
distributed for public review, no additional changes may be made as
part of the original submission. During the January 2019 meeting, the
Board may defer review and action on some proposals to allow time for
cooperative planning efforts, or to acquire additional needed
information. The Board may elect to defer taking action on any given
proposal if the workload of staff, Regional Advisory Councils, or the
Board becomes excessive. These deferrals may be based on
recommendations by the affected Regional Advisory Council(s) or staff
members, or on the basis of the Board's intention to do least harm to
the subsistence user and the resource involved. A proponent of a
proposal may withdraw the proposal provided it has not been considered,
and a recommendation has not been made, by a Regional Advisory Council.
The Board may consider and act on alternatives that address the intent
of a proposal while differing in approach.
You may submit written comments and materials concerning this
proposed rule by one of the methods listed in ADDRESSES. If you submit
a comment via https://www.regulations.gov, your entire comment,
including any personal identifying information, will be posted on the
website. If you submit a hardcopy comment that includes personal
identifying information, you may request at the top of your document
that we withhold this information from public review. However, we
cannot guarantee that we will be able to do so. We will post all
hardcopy comments on https://www.regulations.gov.
Comments and materials we receive, as well as supporting
documentation we used in preparing this proposed rule, will be
available for public inspection on https://www.regulations.gov at Docket
No. FWS-R7-SM-2017-0096, or by appointment, between 8 a.m. and 3 p.m.,
Monday through Friday, except Federal holidays, at: USFWS, Office of
Subsistence Management, 1011 East Tudor Road, Anchorage, AK 99503.
Reasonable Accommodations
The Federal Subsistence Board is committed to providing access to
these meetings for all participants. Please direct all requests for
sign language interpreting services, closed captioning, or other
accommodation needs to Caron McKee, 907-786-3880, [email protected],
or 800-877-8339 (TTY), seven business days prior to the meeting you
would like to attend.
Tribal Consultation and Comment
As expressed in Executive Order 13175, ``Consultation and
Coordination with Indian Tribal Governments,'' the Federal officials
that have been delegated authority by the Secretaries are committed to
honoring the unique government-to-government political relationship
that exists between the Federal Government and Federally Recognized
Indian Tribes (Tribes) as listed in 82 FR 4915 (January 17, 2017).
Consultation with Alaska Native corporations is based on Public Law
108-199, div. H, Sec. 161, Jan. 23, 2004, 118 Stat. 452, as amended by
Public Law 108-447, div. H, title V, Sec. 518, Dec. 8, 2004, 118 Stat.
3267, which provides that: ``The Director of the Office of Management
and Budget and all Federal agencies shall hereafter consult with Alaska
Native corporations on the same basis as Indian tribes under Executive
Order No. 13175.''
The Alaska National Interest Lands Conservation Act does not
provide specific rights to Tribes for the subsistence taking of
wildlife, fish, and shellfish. However, because tribal members are
affected by subsistence
[[Page 12692]]
fishing, hunting, and trapping regulations, the Secretaries, through
the Board, will provide Federally recognized Tribes and Alaska Native
corporations an opportunity to consult on this proposed rule.
The Board will engage in outreach efforts for this proposed rule,
including a notification letter, to ensure that Tribes and Alaska
Native corporations are advised of the mechanisms by which they can
participate. The Board provides a variety of opportunities for
consultation: Proposing changes to the existing rule; commenting on
proposed changes to the existing rule; engaging in dialogue at the
Regional Council meetings; engaging in dialogue at the Board's
meetings; and providing input in person, by mail, email, or phone at
any time during the rulemaking process. The Board will commit to
efficiently and adequately providing an opportunity to Tribes and
Alaska Native corporations for consultation in regard to subsistence
rulemaking.
The Board will consider Tribes' and Alaska Native corporations'
information, input, and recommendations, and address their concerns as
much as practicable.
Developing the 2019-20 and 2020-21 Fish and Shellfish Seasons and
Harvest Limit Proposed Regulations
In titles 36 and 50 of the CFR, the subparts C and D regulations
are subject to periodic review and revision. The Board currently
completes the process of revising subsistence take of fish and
shellfish regulations in odd-numbered years and wildlife regulations in
even-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 cycle, and
nonrural determinations during the fish and shellfish cycle.
The current subsistence program regulations form the starting point
for consideration during each new rulemaking cycle. Consequently, in
this rulemaking action pertaining to fish and shellfish, the Board will
consider proposals to revise the regulations in any of the following
sections of titles 36 and 50 of the CFR:
Sec. __.23: Rural determinations;
Sec. __.24: Customary and traditional use determinations;
Sec. __.25: General provisions governing the subsistence
take of wildlife, fish, and shellfish;
Sec. __.27: Specific provisions governing the subsistence
take of fish; and
Sec. __.28: Specific provisions governing the subsistence
take of shellfish.
As such, the text of the proposed 2019-21 subparts C and D
subsistence regulations in titles 36 and 50 is the combined text of
previously issued rules that revised these sections of the regulations.
The following Federal Register citations show when these CFR sections
were last revised. Therefore, the regulations established by these four
final rules constitute the text of this proposed rule:
The text of the proposed amendments to 36 CFR 242.23 and 50 CFR
100.23 is the final rule for Rural Determinations, Nonrural List (80 FR
68245; November 4, 2015).
The text of the proposed amendments to 36 CFR 242.24 and 242.27 and
50 CFR 100.24 and 100.27 is the final rule for the 2017-2019 regulatory
period for fish (83 FR 3079; January 23, 2018).
The text of the proposed amendments to 36 CFR 242.25 and 50 CFR
100.25 is the final rule for the 2015-17 regulatory period for fish (80
FR 28192; May 18, 2015).
The text of the proposed amendments to 36 CFR 242.28 and 50 CFR
100.28 is the final rule for the 2011-13 regulatory period for fish and
shellfish (76 FR 12564; March 8, 2011).
These regulations will remain in effect until subsequent Board
action changes elements as a result of the public review process
outlined above in this document and a final rule is published.
Compliance With Statutory and Regulatory Authorities
National Environmental Policy Act
A Draft Environmental Impact Statement that described four
alternatives for developing a Federal Subsistence Management Program
was distributed for public comment on October 7, 1991. The Final
Environmental Impact Statement (FEIS) was published on February 28,
1992. The Record of Decision (ROD) on Subsistence Management for
Federal Public Lands in Alaska was signed April 6, 1992. The selected
alternative in the FEIS (Alternative IV) defined the administrative
framework of an annual regulatory cycle for subsistence regulations.
A 1997 environmental assessment dealt with the expansion of Federal
jurisdiction over fisheries and is available at the office listed under
FOR FURTHER INFORMATION CONTACT. The Secretary of the Interior, with
concurrence of the Secretary of Agriculture, determined that expansion
of Federal jurisdiction does not constitute a major Federal action
significantly affecting the human environment and, therefore, signed a
Finding of No Significant Impact.
Section 810 of ANILCA
An ANILCA section 810 analysis was completed as part of the FEIS
process on the Federal Subsistence Management Program. The intent of
all Federal subsistence regulations is to accord subsistence uses of
fish and wildlife on public lands a priority over the taking of fish
and wildlife on such lands for other purposes, unless restriction is
necessary to conserve healthy fish and wildlife populations. The final
section 810 analysis determination appeared in the April 6, 1992, ROD
and concluded that the Federal Subsistence Management Program, under
Alternative IV with an annual process for setting subsistence
regulations, may have some local impacts on subsistence uses, but will
not likely restrict subsistence uses significantly.
During the subsequent environmental assessment process for
extending fisheries jurisdiction, an evaluation of the effects of the
subsistence program regulations was conducted in accordance with
section 810. That evaluation also supported the Secretaries'
determination that the regulations will not reach the ``may
significantly restrict'' threshold that would require notice and
hearings under ANILCA section 810(a).
Paperwork Reduction Act (PRA)
This proposed rule does not contain any new collections of
information that require OMB approval under the PRA (44 U.S.C. 3501 et
seq.) OMB has reviewed and approved the collections of information
associated with the subsistence regulations at 36 CFR 242 and 50 CFR
100, and assigned OMB Control Number 1018-0075, which expires June 20,
2019. We 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.
Regulatory Planning and Review (Executive Order 12866)
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 proposed
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
[[Page 12693]]
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 proposed rule in a manner
consistent with these requirements.
Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.)
requires preparation of flexibility analyses for rules that will have a
significant effect on a substantial number of small entities, which
include small businesses, organizations, or governmental jurisdictions.
In general, the resources to be harvested under this proposed 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 proposed rule is not a major rule. It will
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 will 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 proposed
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 proposed rule does
not have sufficient Federalism implications to warrant the preparation
of a Federalism Assessment. Title VIII of ANILCA precludes the State
from exercising subsistence management authority over fish and wildlife
resources on Federal lands unless it meets certain requirements.
Executive Order 13175
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 Secretaries, through the
Board, will provide Federally recognized Tribes and Alaska Native
corporations an opportunity to consult on this proposed rule.
Consultations with Alaska Native corporations are based on Public Law
108-199, div. H, Sec. 161, Jan. 23, 2004, 118 Stat. 452, as amended by
Public Law 108-447, div. H, title V, Sec. 518, Dec. 8, 2004, 118 Stat.
3267, which provides that: ``The Director of the Office of Management
and Budget and all Federal agencies shall hereafter consult with Alaska
Native corporations on the same basis as Indian tribes under Executive
Order No. 13175.''
The Secretaries, through the Board, will provide a variety of
opportunities for consultation: Commenting on proposed changes to the
existing rule; engaging in dialogue at the Regional Council meetings;
engaging in dialogue at the Board's meetings; and providing input in
person, by mail, email, or phone at any time during the rulemaking
process.
Executive Order 13211
This Executive Order requires agencies to prepare Statements of
Energy Effects when undertaking certain actions. However, this proposed
rule is not a significant regulatory action under E.O. 13211, affecting
energy supply, distribution, or use, and no Statement of Energy Effects
is required.
Drafting Information
Theo Matuskowitz drafted this proposed rule under the guidance of
Gene Peltola 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.
Proposed Regulation Promulgation
For the reasons set out in the preamble, the Federal Subsistence
Board proposes to amend 36 CFR part 242 and 50 CFR part 100 for the
2019-20 and 2020-21 regulatory years.
The text of the proposed amendments to 36 CFR 242.23 and 50 CFR
100.23 is the final rule for rural determinations that set forth the
nonrural list (80 FR 68245; November 4, 2015).
The text of the proposed amendments to 36 CFR 242.24 and 242.27 and
50 CFR 100.24 and 100.27 is the final rule for the 2017-2019 regulatory
period for fish (83 FR 3079; January 23, 2018).
The text of the proposed amendments to 36 CFR 242.25 and 50 CFR
100.25 is the final rule for the 2015-17 regulatory period for fish (80
FR 28192; May 18, 2015).
The text of the proposed amendments to 36 CFR 242.28 and 50 CFR
100.28 is the final rule for the 2011-13 regulatory period for fish and
shellfish (76 FR 12564; March 8, 2011).
[[Page 12694]]
Dated: December 12, 2017.
Eugene R. Peltola, Jr.
Assistant Regional Director, U.S. Fish and Wildlife Service, Acting
Chair, Federal Subsistence Board.
Thomas Whitford,
Subsistence Program Leader, USDA--Forest Service.
Editorial Note: The Office of the Federal Register received this
document on March 19, 2018.
[FR Doc. 2018-05848 Filed 3-22-18; 8:45 am]
BILLING CODE 3411-15-P; 4333-15-P
