Subsistence Management Regulations for Public Lands in Alaska-2020-21 and 2021-22 Subsistence Taking of Wildlife Regulations

• Published date: 31 January 2019
• Citation: 84 FR 623
• Record Number: 2019-00424
• Section: Proposed rules
• Court: Forest Service

623

Federal Register / Vol. 84, No. 21 / Thursday, January 31, 2019 / Proposed Rules

U.S.C. 4321–4370f), and have made a

preliminary determination that this

action is one of a category of actions that

do not individually or cumulatively

have a significant effect on the human

environment. This proposed rule

involves a safety zone lasting for 2 hours

that will prohibit entry within 100-yards

of swim participants. Normally such

actions are categorically excluded from

further review under paragraph L63(a)

of Appendix A, Table 1 of DHS

Instruction Manual 023–01–001–01,

Rev. 01. A preliminary Record of

Environmental Consideration

supporting this determination is

available in the docket where indicated

under

ADDRESSES

. We seek any

comments or information that may lead

to the discovery of a significant

environmental impact from this

proposed rule.

G. Protest Activities

The Coast Guard respects the First

Amendment rights of protesters.

Protesters are asked to contact the

person listed in the

FOR FURTHER

INFORMATION CONTACT

section to

coordinate protest activities so that your

message can be received without

jeopardizing the safety or security of

people, places, or vessels.

V. Public Participation and Request for

Comments

We view public participation as

essential to effective rulemaking, and

will consider all comments and material

received during the comment period.

Your comment can help shape the

outcome of this rulemaking. If you

submit a comment, please include the

docket number for this rulemaking,

indicate the specific section of this

document to which each comment

applies, and provide a reason for each

suggestion or recommendation.

We encourage you to submit

comments through the Federal

eRulemaking Portal at http://

www.regulations.gov. If your material

cannot be submitted using http://

www.regulations.gov, contact the person

in the

FOR FURTHER INFORMATION

CONTACT

section of this document for

alternate instructions.

We accept anonymous comments. All

comments received will be posted

without change to https://

www.regulations.gov and will include

any personal information you have

provided. For more about privacy and

the docket, visit https://

www.regulations.gov/privacyNotice.

Documents mentioned in this NPRM

as being available in the docket, and all

public comments, will be in our online

docket at https://www.regulations.gov

and can be viewed by following that

website’s instructions. Additionally, if

you go to the online docket and sign up

for email alerts, you will be notified

when comments are posted or when a

final rule is published.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measures,

Waterways.

For the reasons discussed in the

preamble, the Coast Guard is proposing

to amend 33 CFR part 165 as follows:

PART 165—SAFETY ZONE; TANAPAG

HARBOR, SAIPAN, CNMI

■1. The authority citation for part 165

continues to read as follows:

Authority: 46 U.S.C. 70034 (previously

codified in 33 U.S.C 1231); 46 U.S.C. 70051

(previously codified in 50 U.S.C. 191); 33

CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;

Department of Homeland Security Delegation

No. 0170.1.

■2. Add § 165.T14–0020 to read as

follows:

165. T14–0020 Safety Zone; Tanapag

Harbor, Saipan, CNMI.

(a) Location. The following area,

within the Guam Captain of the Port

(COTP) Zone (See 33 CFR 3.70–15), all

navigable waters within a 100-yard

radius of race participants in Tanapag

Harbor, Saipan. Race participants, chase

boats and organizers of the event will be

exempt from the safety zone.

(b) Effective Dates. This rule is

effective from 6:30 a.m. to 8:30 a.m. on

March 31, 2019.

(c) Enforcement. Any Coast Guard

commissioned, warrant, or petty officer,

and any other COTP representative

permitted by law, may enforce this

temporary safety zone.

(d) Waiver. The COTP may waive any

of the requirements of this rule for any

person, vessel, or class of vessel upon

finding that application of the safety

zone is unnecessary or impractical for

the purpose of maritime security.

(e) Penalties. Vessels or persons

violating this rule are subject to the

penalties set forth in 46 U.S.C. 70036

(previously codified in 33 U.S.C. 1232)

and 46 U.S.C. 70052 (previously

codified in 50 U.S.C. 192).

Dated: January 23, 2019.

Christopher M. Chase,

Captain, U.S. Coast Guard, Captain of the

Port, Guam.

[FR Doc. 2019–00563 Filed 1–30–19; 8:45 am]

BILLING CODE 9110–04–P

DEPARTMENT OF AGRICULTURE

Forest Service

36 CFR Part 242

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 100

[Docket No. FWS–R7–SM–2018–0015;

FXFR13350700640–190–FF07J00000;

FBMS#4500129154]

RIN 1018–BD11

Subsistence Management Regulations

for Public Lands in Alaska—2020–21

and 2021–22 Subsistence Taking of

Wildlife Regulations

AGENCIES

: Forest Service, Agriculture;

Fish and Wildlife Service, Interior.

ACTION

: Proposed rule.

SUMMARY

: This proposed rule would

establish regulations for hunting and

trapping seasons, harvest limits, and

methods and means related to taking of

wildlife for subsistence uses during the

2020–21 and 2021–22 regulatory years.

The Federal Subsistence Board is on a

schedule of completing the process of

revising subsistence taking of wildlife

regulations in even-numbered years and

subsistence taking of fish and shellfish

regulations in odd-numbered years;

public proposal and review processes

take place during the preceding year.

The Board also addresses customary and

traditional use determinations during

the applicable cycle. When final, the

resulting rulemaking will replace the

existing subsistence wildlife taking

regulations. This rule would also amend

the general regulations on subsistence

taking of fish and wildlife.

DATES

:

Public meetings: The Federal

Subsistence Regional Advisory Councils

will hold public meetings to receive

comments and make proposals to

change this proposed rule on several

dates between February 5 and March 12,

2019, and then 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

September 19 and November 5, 2019.

The Board will discuss and evaluate

proposed regulatory changes during a

public meeting in Anchorage, AK, in

April 2020. See

SUPPLEMENTARY

INFORMATION

for specific information on

dates and locations of the public

meetings.

VerDate Sep<11>2014 17:23 Jan 30, 2019 Jkt 247001 PO 00000 Frm 00052 Fmt 4702 Sfmt 4702 E:\FR\FM\31JAP1.SGM 31JAP1

khammond on DSKBBV9HB2PROD with PROPOSALS

624

Federal Register / Vol. 84, No. 21 / Thursday, January 31, 2019 / Proposed Rules

Public comments: Comments and

proposals to change this proposed rule

must be received or postmarked by

March 27, 2019.

ADDRESSES

:

Public meetings: The Federal

Subsistence Board and the Federal

Subsistence Regional Advisory

Councils’ public meetings will be held

at various locations in Alaska. See

SUPPLEMENTARY INFORMATION

for specific

information on dates and locations of

the public meetings.

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–2018–0015, which is the

docket number for this rulemaking.

•By hard copy: U.S. mail or hand-

delivery to: USFWS, Office of

Subsistence Management, 1011 East

Tudor Road, MS 121, Attn: Theo

Matuskowitz, Anchorage, AK 99503–

6199, or hand delivery to the Designated

Federal Official attending any of the

Federal Subsistence Regional Advisory

Council public meetings. See

SUPPLEMENTARY INFORMATION

for

additional information on locations of

the public meetings.

We will post all comments on http://

www.regulations.gov. This generally

means that we will post any personal

information you provide us (see the

Public Review Process section below for

more information).

FOR FURTHER INFORMATION CONTACT

:

Chair, Federal Subsistence Board, c/o

U.S. Fish and Wildlife Service,

Attention: Thomas C.J. Doolittle, Office

of Subsistence Management; (907) 786–

3888 or subsistence@fws.gov. For

questions specific to National Forest

System lands, contact Thomas Whitford,

Regional Subsistence Program Leader,

USDA–Forest Service, Alaska Region;

(907) 743–9461 or twhitford@fs.fed.us.

SUPPLEMENTARY INFORMATION

:

Background

Under Title VIII of the Alaska

National Interest Lands Conservation

Act (ANILCA) (16 U.S.C. 3111–3126),

the Secretary of the Interior and the

Secretary of Agriculture (Secretaries)

jointly implement the Federal

Subsistence Management Program. This

program provides a rural preference for

take of fish and wildlife resources for

subsistence uses on Federal public

lands and waters in Alaska. The

Secretaries published temporary

regulations to carry out this program in

the Federal Register on June 29, 1990

(55 FR 27114), and final regulations

were published in the Federal Register

on May 29, 1992 (57 FR 22940). The

Program has subsequently amended

these regulations a number of times.

Because this program is a joint effort

between Interior and Agriculture, these

regulations are located in two titles of

the Code of Federal Regulations (CFR):

Title 36, ‘‘Parks, Forests, and Public

Property,’’ and Title 50, ‘‘Wildlife and

Fisheries,’’ at 36 CFR part 242.1–28 and

50 CFR part 100.1–28, respectively. The

regulations contain subparts as follows:

Subpart A, General Provisions; Subpart

B, Program Structure; Subpart C, Board

Determinations; and Subpart D,

Subsistence Taking of Fish and Wildlife.

Consistent with subpart B of these

regulations, the Secretaries established a

Federal Subsistence Board to administer

the Federal Subsistence Management

Program. The Board comprises:

•A Chair appointed by the Secretary

of the Interior with concurrence of the

Secretary of Agriculture;

•The Alaska Regional Director, U.S.

Fish and Wildlife Service;

•The Alaska Regional Director,

National Park Service;

•The Alaska State Director, Bureau

of Land Management;

•The Alaska Regional Director,

Bureau of Indian Affairs;

•The Alaska Regional Forester,

USDA–Forest Service; and

•Two public members appointed by

the Secretary of the Interior with

concurrence of the Secretary of

Agriculture.

Through the Board, these agencies

and public members participate in the

development of regulations for subparts

C and D, which, among other things, set

forth program eligibility and specific

harvest seasons and limits.

In administering the program, the

Secretaries divided Alaska into 10

subsistence resource regions, each of

which is represented by a Federal

Subsistence Regional Advisory Council

(Council). The Councils provide a forum

for rural residents with personal

knowledge of local conditions and

resource requirements to have a

meaningful role in the subsistence

management of fish and wildlife on

Federal public lands in Alaska. The

Council members represent varied

geographical, cultural, and user interests

within each region. Members are

appointed by the Secretary of the

Interior with the concurrence of the

Secretary of Agriculture.

Public Review Process—Comments,

Proposals, and Public Meetings

The Councils have a substantial role

in reviewing this proposed rule and

making recommendations for the final

rule. The Federal Subsistence Board,

through the Councils, will hold public

meetings on this proposed rule at the

following locations in Alaska, on the

following dates:

Region 1—Southeast Regional Council ................................................................ Wrangell ................ February 12, 2019.

Region 2—Southcentral Regional Council ........................................................... Anchorage ............. February 26, 2019.

Region 3—Kodiak/Aleutians Regional Council ................................................... Kodiak ................... February 21, 2019.

Region 4—Bristol Bay Regional Council .............................................................. Naknek .................. February 12, 2019.

Region 5—Yukon–Kuskokwim Delta Regional Council ...................................... Bethel .................... March 12, 2019.

Region 6—Western Interior Regional Council ..................................................... Anchorage ............. February 20, 2019.

Region 7—Seward Peninsula Regional Council .................................................. Nome ..................... March 5, 2019.

Region 8—Northwest Arctic Regional Council .................................................... Kotzebue ............... February 27, 2019.

Region 9—Eastern Interior Regional Council ...................................................... Fairbanks ............... March 5, 2019.

Region 10—North Slope Regional Council .......................................................... Utqiagvik ............... February 13, 2019.

During April 2019, the written

proposals to change the subpart D, take

of wildlife regulations, and subpart C,

customary and traditional use

determinations, will be compiled and

distributed for public review. During a

subsequent public comment period,

written public comments will be

accepted on the distributed proposals.

The Board, through the Councils, will

hold a second series of public meetings

in September through November 2019,

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 ................................................................ Petersburg ............. October 8, 2019.

Region 2—Southcentral Regional Council ........................................................... Seward .................. October 2, 2019.

VerDate Sep<11>2014 17:23 Jan 30, 2019 Jkt 247001 PO 00000 Frm 00053 Fmt 4702 Sfmt 4702 E:\FR\FM\31JAP1.SGM 31JAP1

khammond on DSKBBV9HB2PROD with PROPOSALS

625

Federal Register / Vol. 84, No. 21 / Thursday, January 31, 2019 / Proposed Rules

Region 3—Kodiak/Aleutians Regional Council ................................................... Kodiak ................... September 19, 2019.

Region 4—Bristol Bay Regional Council .............................................................. Dillingham ............ November 5, 2019.

Region 5—Yukon–Kuskokwim Delta Regional Council ...................................... Bethel .................... October 12, 2019.

Region 6—Western Interior Regional Council ..................................................... Aniak ..................... October 8, 2019.

Region 7—Seward Peninsula Regional Council .................................................. Nome ..................... October 22, 2019.

Region 8—Northwest Arctic Regional Council .................................................... Kotzebue ............... October 28, 2019.

Region 9—Eastern Interior Regional Council ...................................................... Fairbanks ............... October 15, 2019.

Region 10—North Slope Regional Council .......................................................... Utqiagvik ............... October 22, 2019.

Prior to both series of meetings,

notices will be published of specific

dates, times, and meeting locations in

local and statewide newspapers, along

with announcements on radio,

television and social media sites.

Locations and dates may change based

on weather or local circumstances. The

amount of work on each Council’s

agenda determines the length of each

Council meeting, but typically the

meetings are scheduled to last 2 days.

Occasionally a Council will lack

information necessary during a

scheduled meeting to make a

recommendation to the Board or to

provide comments on other matters

affecting subsistence in the region. If

this situation occurs, the Council may

announce on the record a later

teleconference to address the specific

issue when the requested information or

data is available. These teleconferences

are open to the public, along with

opportunities for public comment; the

date and time will be announced during

the scheduled meeting and that same

information will be announced through

news releases and local radio,

television, and social media ads.

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 April 2020. The

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,

wildlife 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.

The Board immediately rejects

proposals that fail to include the above

information, or proposals that are

beyond the scope of authorities in § ll

.24, subpart C (the regulations governing

customary and traditional use

determinations), and §§ ll.25 and

ll.26, subpart D (the general and

specific regulations governing the

subsistence take of wildlife). 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 distributed for public

review, no additional changes may be

made as part of the original submission.

During the April 2020 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, Councils, or the Board

becomes excessive. These deferrals may

be based on recommendations by the

affected 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 Council. After that,

the Board must approve withdrawal of

a proposal. 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, 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 the

Office of Subsistence Management, 907–

786–3888, subsistence@fws.gov, or 800–

877–8339 (TTY), at least 7 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 79 FR 4748 (January 29, 2014).

Consultation with Alaska Native

corporations is based on Public Law

108–199, div. H, Sec. 161, Jan. 23, 2004,

118 Stat. 452, as amended by Public

Law 108–447, div. H, title V, Sec. 518,

Dec. 8, 2004, 118 Stat. 3267, which

provides that: ‘‘The Director of the

Office of Management and Budget and

all Federal agencies shall hereafter

consult with Alaska Native corporations

on the same basis as Indian tribes under

Executive Order No. 13175.’’

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

fishing, hunting, and trapping

regulations, the Secretaries, through the

Board, will provide federally recognized

Tribes and Alaska Native corporations

VerDate Sep<11>2014 17:23 Jan 30, 2019 Jkt 247001 PO 00000 Frm 00054 Fmt 4702 Sfmt 4702 E:\FR\FM\31JAP1.SGM 31JAP1

khammond on DSKBBV9HB2PROD with PROPOSALS

626

Federal Register / Vol. 84, No. 21 / Thursday, January 31, 2019 / Proposed Rules

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 Council meetings; engaging

in dialogue at the Board’s meetings; and

providing input in person, by mail,

email, or phone at any time during the

rulemaking process. The Board commits

to efficiently and adequately providing

an opportunity to Tribes and Alaska

Native corporations for consultation in

regard to subsistence rulemaking.

The Board will consider Tribes’ and

Alaska Native corporations’

information, input, and

recommendations, and address their

concerns as much as practicable.

Developing the 2020–21 and 2021–22

Wildlife Seasons and Harvest Limit

Regulations

Subpart C and D regulations are

subject to periodic review and revision.

The Federal Subsistence Board

currently completes the process of

revising subsistence take of wildlife

regulations in even-numbered years and

fish and shellfish regulations in odd-

numbered years; public proposal and

review processes take place during the

preceding year. The Board also

addresses customary and traditional use

determinations during the applicable

cycle.

The current subsistence program

regulations form the starting point for

consideration during each new

rulemaking cycle. The regulations at

§ll.24 pertain to customary and

traditional use determinations; the

regulations at § ll.25 pertain to

general provisions governing the

subsistence take of wildlife, fish, and

shellfish; and the regulations at § ll

.26 pertain to specific provisions

governing the subsistence take of

wildlife.

The text of the proposed amendments

to 36 CFR parts 242.24, 242.25, and

242.26 and 50 CFR parts 100.24, 100.25,

and 100.26 is the final rule for the 2018–

2020 regulatory period for wildlife (83

FR 50758; October 9, 2018).

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.

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 § 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 § 810

analysis determination appeared in the

April 6, 1992, ROD and concluded that

the Federal Subsistence Management

Program, under Alternative IV with an

annual process for setting subsistence

regulations, may have some local

impacts on subsistence uses, but will

not likely restrict subsistence uses

significantly.

During the subsequent environmental

assessment process for extending

fisheries jurisdiction, an evaluation of

the effects of this rulemaking process

was conducted in accordance with

§ 810. That evaluation also supported

the Secretaries’ determination that these

rules will not reach the ‘‘may

significantly restrict’’ threshold that

would require notice and hearings

under ANILCA § 810(a).

Paperwork Reduction Act (PRA)

This proposed rule does not contain

any new collections of information that

require Office of Management and

Budget (OMB) approval. OMB has

reviewed and approved the collections

of information associated with the

subsistence regulations at 36 CFR part

242 and 50 CFR part 100, and assigned

OMB Control Number 1018–0075,

which expires June 30, 2019. An agency

may not conduct or sponsor and you are

not required to respond to a collection

of information unless it displays a

currently valid 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

predictability, to reduce uncertainty,

and to use the best, most innovative,

and least burdensome tools for

achieving regulatory ends. The

executive order directs agencies to

consider regulatory approaches that

reduce burdens and maintain flexibility

and freedom of choice for the public

where these approaches are relevant,

feasible, and consistent with regulatory

objectives. E.O. 13563 emphasizes

further that regulations must be based

on the best available science and that

the rulemaking process must allow for

public participation and an open

exchange of ideas. We have developed

this rule in a manner consistent with

these requirements.

Regulatory Flexibility Act

The Regulatory Flexibility Act of 1980

(5 U.S.C. 601 et seq.) requires

preparation of flexibility analyses for

rules that will have a significant effect

on a substantial number of small

entities, which include small

businesses, organizations, or

governmental jurisdictions. In general,

the resources to be harvested under this

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 value of $3.00

per pound, this amount would equate to

about $6 million in food value

statewide. Based upon the amounts and

VerDate Sep<11>2014 17:23 Jan 30, 2019 Jkt 247001 PO 00000 Frm 00055 Fmt 4702 Sfmt 4702 E:\FR\FM\31JAP1.SGM 31JAP1

khammond on DSKBBV9HB2PROD with PROPOSALS

627

Federal Register / Vol. 84, No. 21 / Thursday, January 31, 2019 / Proposed Rules

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 for rural Alaskan residents 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 §§ 3(a) and 3(b)(2)

of Executive Order 12988, regarding

civil justice reform.

Executive Order 13132

In accordance with Executive Order

13132, the proposed rule does not have

sufficient federalism implications to

warrant the preparation of a Federalism

Assessment. Title VIII of ANILCA

precludes the State from exercising

subsistence management authority over

fish and wildlife resources on Federal

lands unless it meets certain

requirements.

Executive Order 13175

Title VIII of ANILCA does not provide

specific rights to tribes for the

subsistence taking of wildlife, fish, and

shellfish. However, as described above

under Tribal Consultation and

Comment, the Secretaries, through the

Board, will provide federally recognized

Tribes and Alaska Native corporations

an opportunity to consult on this

proposed rule.

Executive Order 13211

Executive Order 13211 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

Thomas C.J. Doolittle, Jr. of the Office of

Subsistence Management, Alaska

Regional Office, U.S. Fish and Wildlife

Service, Anchorage, Alaska. Additional

assistance was provided by:

•Daniel Sharp, Alaska State Office,

Bureau of Land Management;

•Clarence Summers, 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 2020–

21 and 2021–22 regulatory years.

■The text of the proposed amendments

to 36 CFR 242.24, 242.25, and 242.26

and 50 CFR 100.24, 100.25, and 100.26

is the final rule for the 2018–2020

regulatory periods for wildlife (83 FR

50759; October 9, 2018).

Dated: December 21, 2018.

Thomas C.J. Doolittle,

Acting Assistant Regional Director, U.S. Fish

and Wildlife Service.

Dated: December 21, 2018.

Thomas Whitford,

Subsistence Program Leader, USDA—Forest

Service.

[FR Doc. 2019–00424 Filed 1–30–19; 8:45 am]

BILLING CODE 3411–15–4333–15–P

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 17

RIN 2900–AQ47

Urgent Care

AGENCY

: Department of Veterans Affairs.

ACTION

: Proposed rule.

SUMMARY

: The Department of Veterans

Affairs (VA) is proposing to amend its

regulations that govern VA health care.

This rule would grant eligible veterans

access to urgent care from qualifying

non-VA entities or providers without

prior approval from VA. This

rulemaking would implement the

mandates of the VA MISSION Act of

2018 and increase veterans’ access to

health care in the community.

DATES

: Comments must be received on

or before March 4, 2019.

ADDRESSES

: Written comments may be

submitted through http://

www.Regulations.gov; by mail or hand-

delivery to: Director, Regulation Policy

and Management (00REG), Department

of Veterans Affairs, 810 Vermont

Avenue, North West, Room 1063B,

Washington, DC 20420; or by fax to

(202) 273–9026. (This is not a toll-free

telephone number.) Comments should

indicate that they are submitted in

response to ‘‘RIN 2900–AQ47 Urgent

Care.’’ Copies of comments received

will be available for public inspection in

the Office of Regulation Policy and

Management, Room 1063B, between the

hours of 8 a.m. and 4:30 p.m., Monday

through Friday (except holidays). Please

call (202) 461–4902 for an appointment.

(This is not a toll-free telephone

number.) In addition, during the

comment period, comments may be

viewed online through the Federal

Docket Management System (FDMS) at

http://www.Regulations.gov.

FOR FURTHER INFORMATION CONTACT

:

Joseph Duran, Director of Policy and

Planning. 3773 Cherry Creek North

Drive, Denver, CO 80209.

Joseph.Duran2@va.gov. (303) 370–1637.

(This is not a toll-free number.)

VerDate Sep<11>2014 17:23 Jan 30, 2019 Jkt 247001 PO 00000 Frm 00056 Fmt 4702 Sfmt 4702 E:\FR\FM\31JAP1.SGM 31JAP1

khammond on DSKBBV9HB2PROD with PROPOSALS