83 FR 12689 - Subsistence Management Regulations for Public Lands in Alaska-2019-20 and 2020-21 Subsistence Taking of Fish and Shellfish Regulations
DEPARTMENT OF AGRICULTURE
Forest Service
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service Federal Register Volume 83, Issue 57 (March 23, 2018)
Forest Service
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Federal Register Volume 83, Issue 57 (March 23, 2018)
| Page Range | 12689-12694 | |
| FR Document | 2018-05848 |
[Federal Register Volume 83, Number 57 (Friday, March 23, 2018)] [Proposed Rules] [Pages 12689-12694] From the Federal Register Online [www.thefederalregister.org] [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: http://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 http://www.regulations.gov. This generally means that we will post any personal information you provide us (see the Public Review Process section below for more information). 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 http://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 http://www.regulations.gov. Comments and materials we receive, as well as supporting documentation we used in preparing this proposed rule, will be available for public inspection on http://www.regulations.gov 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
![Federal Register / Vol. 83, No. 57 / Friday, March 23, 2018 / Proposed Rules 12689
The Proposal PART 71—DESIGNATION OF CLASS A, during the 2019–2020 and 2020–2021
B, C, D, AND E AIRSPACE AREAS; AIR regulatory years. The Federal
The FAA is proposing an amendment TRAFFIC SERVICE ROUTES; AND Subsistence Board (Board) is on a
to Title 14, Code of Federal Regulations REPORTING POINTS schedule of completing the process of
(14 CFR) part 71 by establishing Class E revising subsistence taking of fish and
airspace area extending upward from ■ 1. The authority citation for 14 CFR shellfish regulations in odd-numbered
700 feet above the surface to within a part 71 continues to read as follows: years and subsistence taking of wildlife
6.0-mile radius of Washington Island Authority 49 U.S.C. 106(f), 106(g); 40103, regulations in even-numbered years;
Airport, Washington Island, WI, to 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, public proposal and review processes
accommodate new standard instrument 1959–1963 Comp., p. 389. take place during the preceding year.
approach procedures. This action would The Board also addresses customary and
§ 71.1 [Amended] traditional use determinations during
enhance safety and the management of
IFR operations at the airport. ■ 2. The incorporation by reference in the applicable cycle; in addition, during
14 CFR 71.1 of FAA Order 7400.11B, the rulemaking cycle for the fish and
Class E airspace designations are Airspace Designations and Reporting shellfish regulations, the Board will
published in paragraph 6005 of FAA Points, dated August 3, 2017, and accept proposals for nonrural
Order 7400.11B, dated August 3, 2017, effective September 15, 2017, is determinations. When final, the
and effective September 15, 2017, which amended as follows: resulting rulemaking will replace the
is incorporated by reference in 14 CFR existing subsistence fish and shellfish
Paragraph 6005 Class E Airspace Areas
71.1. The Class E airspace designation taking regulations. This proposed rule
Extending Upward From 700 Feet or More
listed in this document will be Above the Surface of the Earth. could also amend the general
published subsequently in the Order. regulations on subsistence taking of fish
* * * * *
Regulatory Notices and Analyses and wildlife.
AGL WI E5 Washington Island, WI [New]
DATES:
The FAA has determined that this Washington Island Airport, WI Public comments: Comments and
proposed regulation only involves an (Lat. 45°23′18″ N, long. 86°55′27″ W)
proposals to change this proposed rule
established body of technical That airspace extending upward from 700 must be received or postmarked by
feet above the surface within a 6-mile radius
regulations for which frequent and April 23, 2018.
of the Washington Island Airport.
routine amendments are necessary to Public meetings: The Federal
keep them operationally current, is non- Issued in Fort Worth, Texas, on March 15, Subsistence Regional Advisory Councils
2018. held public meetings to receive
controversial and unlikely to result in
Christopher L. Southerland, comments and make proposals to
adverse or negative comments. It,
therefore: (1) Is not a ‘‘significant Acting Manager, Operations Support Group, change this proposed rule February 13
ATO Central Service Center. through March 14, 2018, and will hold
regulatory action’’ under Executive
Order 12866; (2) is not a ‘‘significant [FR Doc. 2018–05887 Filed 3–22–18; 8:45 am] another round of public meetings to
rule’’ under DOT Regulatory Policies BILLING CODE 4910–13–P discuss and receive comments on the
and Procedures (44 FR 11034; February proposals, and make recommendations
26, 1979); and (3) does not warrant on the proposals to the Federal
DEPARTMENT OF AGRICULTURE Subsistence Board, on several dates
preparation of a regulatory evaluation as
between August 21 and November 6,
the anticipated impact is so minimal. Forest Service 2018. The Board will discuss and
Since this is a routine matter that will evaluate proposed regulatory changes
only affect air traffic procedures and air 36 CFR Part 242 during a public meeting in Anchorage,
navigation, it is certified that this AK, in January 2019. See
proposed rule, when promulgated, DEPARTMENT OF THE INTERIOR SUPPLEMENTARY INFORMATION for specific
would not have a significant economic information on dates and locations of
impact on a substantial number of small Fish and Wildlife Service the public meetings.
entities under the criteria of the ADDRESSES:
Regulatory Flexibility Act. 50 CFR Part 100 Public meetings: The Federal
Environmental Review [Docket No. FWS–R7–SM–2017–0096; Subsistence Board and the Federal
FXFR13350700640–189–FF07J00000; FBMS Subsistence Regional Advisory
This proposal will be subject to an #4500117020] Councils’ public meetings are held at
environmental analysis in accordance various locations in Alaska. See
RIN 1018–BC06 SUPPLEMENTARY INFORMATION for specific
with FAA Order 1050.1F,
‘‘Environmental Impacts: Policies and Subsistence Management Regulations information on dates and locations of
Procedures’’ prior to any FAA final for Public Lands in Alaska—2019–20 the public meetings.
regulatory action. and 2020–21 Subsistence Taking of Public comments: You may submit
Fish and Shellfish Regulations comments by one of the following
List of Subjects in 14 CFR Part 71 methods:
AGENCY: Forest Service, Agriculture; • Electronically: Go to the Federal
Airspace, Incorporation by reference,
amozie on DSK30RV082PROD with PROPOSALS
Fish and Wildlife Service, Interior. eRulemaking Portal: http://
Navigation (air). www.regulations.gov and search for
ACTION: Proposed rule.
The Proposed Amendment FWS–R7–SM–2017–0096, which is the
SUMMARY: This proposed rule would docket number for this rulemaking.
Accordingly, pursuant to the establish regulations for fish and • By hard copy: U.S. mail or hand-
authority delegated to me, the Federal shellfish seasons, harvest limits, delivery to: USFWS, Office of
Aviation Administration proposes to methods, and means related to taking of Subsistence Management, 1011 East
amend 14 CFR part 71 as follows: fish and shellfish for subsistence uses Tudor Road, MS 121, Attn: Theo
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![12694 Federal Register / Vol. 83, No. 57 / Friday, March 23, 2018 / Proposed Rules
Dated: December 12, 2017. Source Review (NSR) permitting contact the person identified in the FOR
Eugene R. Peltola, Jr. program for new and modified sources FURTHER INFORMATION CONTACT section.
Assistant Regional Director, U.S. Fish and of air pollution. We are proposing action For the full EPA public comment policy,
Wildlife Service, Acting Chair, Federal on a local rule under the Clean Air Act information about CBI or multimedia
Subsistence Board. as amended in 1990 (CAA or the Act). submissions, and general guidance on
Thomas Whitford, We are taking comments on this making effective comments, please visit
Subsistence Program Leader, USDA—Forest proposal and plan to follow with a final https://www.epa.gov/dockets/
Service. action. commenting-epa-dockets.
DATES: Any comments must arrive by FOR FURTHER INFORMATION CONTACT: T.
Editorial Note: The Office of the Federal
Register received this document on March April 23, 2018. Khoi Nguyen, EPA Region IX, (415)
19, 2018. ADDRESSES: Submit your comments, 947–4120, nguyen.thien@epa.gov.
[FR Doc. 2018–05848 Filed 3–22–18; 8:45 am] identified by Docket ID No. EPA–R09–
SUPPLEMENTARY INFORMATION:
OAR–2018–0120 at http://
BILLING CODE 3411–15–P; 4333–15–P
www.regulations.gov, or via email to T. Throughout this document, ‘‘we,’’ ‘‘us’’
Khoi Nguyen, at nguyen.thien@epa.gov. and ‘‘our’’ refer to the EPA.
For comments submitted at Table of Contents
ENVIRONMENTAL PROTECTION
Regulations.gov, follow the online
AGENCY I. The State’s Submittal
instructions for submitting comments. A. What rule did the State submit?
40 CFR Part 52 Once submitted, comments cannot be B. Are there other versions of this rule?
removed or edited from Regulations.gov. C. What is the purpose of the submitted
[EPA–R09–OAR–2018–0120; FRL–9975– For either manner of submission, the rule?
81—Region 9] EPA may publish any comment received II. The EPA’s Evaluation and Action
to its public docket. Do not submit A. How is the EPA evaluating the rule?
Approval of California Air Plan B. Does the rule meet the evaluation
electronically any information you
Revisions; Butte County Air Quality criteria?
consider to be Confidential Business
Management District; Stationary C. Public Comment and Proposed Action
Information (CBI) or other information
Source Permits III. Incorporation by Reference
whose disclosure is restricted by statute. IV. Statutory and Executive Order Reviews
AGENCY: Environmental Protection Multimedia submissions (audio, video,
Agency (EPA). etc.) must be accompanied by a written I. The State’s Submittal
ACTION: Proposed rule. comment. The written comment is A. What rule did the State submit?
considered the official comment and
SUMMARY: The Environmental Protection should include discussion of all points Table 1 lists the rule addressed by this
Agency (EPA) is proposing to approve a you wish to make. The EPA will proposal with the dates that it was
revision to the Butte County Air Quality generally not consider comments or amended by the BCAQMD and
Management District (BCAQMD) comment contents located outside of the submitted by the California Air
portion of the California State primary submission (i.e., on the web, Resources Board (CARB), which is the
Implementation Plan (SIP). This cloud, or other file sharing system). For governor’s designee for California SIP
revision concerns the District’s New additional submission methods, please submittals.
TABLE 1—SUBMITTED RULE
Local agency Rule No. Rule title Amended Submitted
BCAQMD .................................. 432 ........... Federal New Source Review ...................................................... 3/23/17 6/12/17
On December 12, 2017, the submittal The purpose of District Rule 432 is to reasoning in general terms below and a
for the BCAQMD was deemed by implement a federal preconstruction more detailed analysis in our technical
operation of law to meet the permit program for new and modified support document (TSD), which is
completeness criteria in 40 CFR part 51 minor sources of regulated NSR available in the docket for the proposed
Appendix V, which must be met before pollutants, and new and modified major rulemaking.
formal EPA review. sources of regulated NSR pollutants for II. The EPA’s Evaluation and Action
which the area is designated
B. Are there other versions of this rule? nonattainment. BCAQMD is currently A. How is the EPA evaluating the rule?
On December 22, 2016, the EPA designated as a nonattainment area for The submitted rule must meet the
finalized a limited approval and limited the 2008 8-hr ozone and 2006 24-hr CAA’s general requirements for SIPs
disapproval of Rule 432. 81 FR 93820. PM2.5 NAAQS. The rule revision further and SIP revisions in CAA sections
corrects a deficiency in which the EPA 110(a)(2), 110(l), and 193 as well as the
C. What is the purpose of the submitted previously finalized a limited applicable requirements contained in
rule? disapproval of Rule 432 because we part D of title I of the Act (sections 172
amozie on DSK30RV082PROD with PROPOSALS
determined that the rule does not fully and 173) for a nonattainment NSR
Section 110(a) of the CAA requires satisfy 40 CFR 51.165(a)(13)’s permit program. In addition, the
states to submit regulations that include requirements for regulation of PM2.5 submitted rule must contain the
a pre-construction permit program for precursors as it pertains to ammonia. applicable regulatory provisions of 40
certain new or modified stationary We present our evaluation under the CFR 51.160–51.165 and 40 CFR 51.307.
sources of pollutants, including a permit CAA and the EPA’s regulations of the Among other things, section 110 of
program as required by Part D of Title revised NSR rule submitted by CARB, as the Act requires that SIP rules be
I of the CAA. identified in Table 1, and provide our enforceable and provides that the EPA
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Document Created: 2018-11-01 08:53:34
Document Modified: 2018-11-01 08:53:34
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Public comments: Comments and proposals to change this proposed rule must be received or postmarked by April 23, 2018. | |
| 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] | |
| FR Citation | 83 FR 12689 | |
| RIN Number | 1018-BC06 | |
| CFR Citation | 36
CFR
242 50 CFR 100 | |
| CFR Associated | Administrative Practice and Procedure; Alaska; Fish; National Forests; Public Lands; Reporting and Recordkeeping Requirements and Wildlife |
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