Subsistence Management Regulations for Public Lands in Alaska-2022-23 and 2023-24 Subsistence Taking of Wildlife Regulations
| Published date | 23 February 2021 |
| Citation | 86 FR 10899 |
| Record Number | 2021-03407 |
| Section | Proposed rules |
| Court | Fish And Wildlife Service,Forest Service |
10899
Federal Register / Vol. 86, No. 34 / Tuesday, February 23, 2021 / Proposed Rules
T
ABLE
1
TO
§ 100.801—S
ECTOR
O
HIO
V
ALLEY
A
NNUAL AND
R
ECURRING
M
ARINE
E
VENTS
—Continued
Date Event/sponsor Ohio Valley location Regulated area
79. 3 days—Last weekend of
September and/or first week-
end in October.
New Martinsville Records and
Regatta Challenge Committee. New Martinsville, WV Ohio River, Mile 128–129 (West Virginia).
80. 2 days—First weekend of Oc-
tober. Three Rivers Rowing Associa-
tion/Head of the Ohio Regatta. Pittsburgh, PA ............ Allegheny River mile 0.0–5.0 (Pennsylvania).
81. 1 day—First or second week-
end in October. Lookout Rowing Club/Chat-
tanooga Head Race. Chattanooga, TN ........ Tennessee River, Mile 463.0–468.0 (Ten-
nessee).
82. 3 days—First or Second
weekend in October. Vanderbilt Rowing/Music City
Head Race. Nashville, TN .............. Cumberland River, Mile 189.5–196.0 (Ten-
nessee).
83. 2 days—First or second week
of October. Head of the Ohio Rowing Race Pittsburgh, PA ............ Allegheny River, Mile 0.0–3.0 (Pennsylvania).
84. 2 days—One of the first three
weekends in October. Norton Healthcare/Ironman
Triathlon. Louisville, KY .............. Ohio River, Mile 600.5–605.5 (Kentucky).
85. 2 days—Two days in October Secret City Head Race Regatta Oak Ridge, TN ........... Clinch River, Mile 49.0–54.0 (Tennessee).
86. 3 days—First weekend in No-
vember. Atlanta Rowing Club/Head of
the Hooch Rowing Regatta. Chattanooga, TN ........ Tennessee River, Mile 463.0–468.0 (Ten-
nessee).
87. 1 day—One weekend in No-
vember or December. Charleston Lighted Boat Parade Charleston, WV .......... Kanawha River, Mile 54.3–60.3 (West Virginia).
* * * * *
Dated: Feburary 2, 2021.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the
Port Sector Ohio Valley.
[FR Doc. 2021–02646 Filed 2–22–21; 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–2020–0077;
FXRS12610700000 FF07J00000 201]
RIN 1018–BF10
Subsistence Management Regulations
for Public Lands in Alaska—2022–23
and 2023–24 Subsistence Taking of
Wildlife Regulations
AGENCY
: 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
2022–2023 and 2023–2024 regulatory
years. The Federal Subsistence Board
(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 proposed rule could also amend
the general regulations on subsistence
taking of fish and wildlife.
DATES
: Public meetings: The Federal
Subsistence Regional Advisory Councils
(Councils) will hold public meetings to
receive comments and make proposals
to change this proposed rule February 9
through March 18, 2021, 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 September 27 and November 4,
2021. The Board will discuss and
evaluate proposed regulatory changes
during a public meeting in Anchorage,
AK, in April 2022. See
SUPPLEMENTARY
INFORMATION
for specific information on
dates and locations of the public
meetings.
Public comments: Comments and
proposals to change this proposed rule
must be received or postmarked by May
24, 2021.
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–2020–0077, 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: Sue Detwiler, Assistant
Regional Director, Office of Subsistence
Management; (907) 786–3888 or
subsistence@fws.gov. For questions
specific to National Forest System
lands, contact Wayne Owen, Director
Wildlife, Fisheries, Ecology, Watershed,
& Subsistence, U.S. Department of
Agriculture (USDA), Forest Service,
Alaska Region; (907) 586–7916 or
wayne.owen@usda.gov.
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
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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 through 242.28 and 50 CFR 100.1
through 100.28, 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: § l.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,
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. 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 Federal
Subsistence Regional Advisory 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.
Public Review Process—Comments,
Proposals, and Public Meetings
The Federal Subsistence Regional
Advisory Councils will have a
substantial role in reviewing this
proposed rule and making
recommendations for the final rule. The
Federal Subsistence Board, through the
Councils, will hold public meetings on
this proposed rule at the following
locations in Alaska, on the following
dates:
Region 1—Southeast Regional Council ................................................................... Juneau .................................... March 16, 2021.
Region 2—Southcentral Regional Council .............................................................. Cordova .................................. February 24, 2021.
Region 3—Kodiak/Aleutians Regional Council ...................................................... Kodiak .................................... March 3, 2021.
Region 4—Bristol Bay Regional Council ................................................................ Naknek ................................... February 9, 2021.
Region 5—Yukon–Kuskokwim Delta Regional Council ........................................ Bethel ..................................... March 3, 2021.
Region 6—Western Interior Regional Council ........................................................ Fairbanks ................................ February 17, 2021.
Region 7—Seward Peninsula Regional Council ..................................................... Nome ...................................... March 11, 2021.
Region 8—Northwest Arctic Regional Council ...................................................... Kotzebure ............................... February 18, 2021.
Region 9—Eastern Interior Regional Council ......................................................... Fairbanks ................................ March 4, 2021.
Region 10—North Slope Regional Council ............................................................. Utqiagvik ................................ February 22, 2021.
During April 2021, the written
proposals to change the regulations at
subpart D, take of wildlife, and subpart
C, customary and traditional use
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.
The Board, through the Councils, will
hold a second series of public meetings
in August through November 2021, 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 ................................................................... Craig ....................................... October 19, 2021.
Region 2—Southcentral Regional Council .............................................................. Anchorage .............................. October 13, 2021.
Region 3—Kodiak/Aleutians Regional Council ...................................................... Unalaska ................................. September 27, 2021.
Region 4—Bristol Bay Regional Council ................................................................ Dillingham ............................. October 27, 2021.
Region 5—Yukon–Kuskokwim Delta Regional Council ........................................ Bethel ..................................... October 6, 2021.
Region 6—Western Interior Regional Council ........................................................ Anchorage .............................. October 13, 2021.
Region 7—Seward Peninsula Regional Council ..................................................... Nome ...................................... October 26, 2021.
Region 8—Northwest Arctic Regional Council ...................................................... Kotzebue ................................ November 1, 2021.
Region 9—Eastern Interior Regional Council ......................................................... Fairbanks ................................ October 7, 2021.
Region 10—North Slope Regional Council ............................................................. Utqiagvik ................................ November 3, 2021.
A notice will be published of specific
dates, times, and meeting locations in
local and statewide newspapers prior to
both series of meetings, in addition, this
information will be shared on local
radio and television announcements
and postings to social media and the
program website at https://www.doi.gov/
subsistence/regions. 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
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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; please note that any
follow-up teleconference would be an
exception and must be approved, in
advance, by the Assistant Regional
Director for the Office of Subsistence
Management. 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 2022. 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,
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
§l.24, subpart C (the regulations
governing customary and traditional use
determinations), and §§ l.25 and l.26
of 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 a
proposal is distributed for public
review, no additional changes may be
made as part of the original submission.
During the April 2022 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. 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–2020–0077, 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
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 2022–23 and 2023–24
Wildlife 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 wildlife
regulations in even-numbered years and
fish and shellfish regulations in odd-
numbered years; public proposal and
review processes take place during the
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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. Consequently, in this
rulemaking action pertaining to wildlife,
the Board will consider proposals to
revise the regulations in any of the
following sections of titles 36 and 50 of
the CFR:
•§l.24: customary and traditional
use determinations;
•§l.25: general provisions
governing the subsistence take of
wildlife, fish, and shellfish; and
•§l.26: specific provisions
governing the subsistence take of
wildlife.
As such, the text of the proposed
2022–24 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 two
final rules constitute the text of this
proposed rule:
The text of the proposed amendments
to 36 CFR 242.24 and 242.26 and 50
CFR 100.24 and 100.26 is the final rule
for the 2020–2022 regulatory period for
wildlife (85 FR 74796; November 23,
2020).
The text of the proposed amendments
to 36 CFR 242.25 and 50 CFR 100.25 is
the final rule for the 2018–20 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 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 Office of Management and
Budget (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 part
242 and 50 CFR part 100, and assigned
OMB Control Number 1018–0075
(expires January 31, 2021, and, in
accordance with 5 CFR 1320.10, the
Service may continue to sponsor the
collection while the renewal is pending
at OMB). We 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 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
economic impact 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 impact on
a substantial number of small entities
within the meaning of the Regulatory
Flexibility Act.
Executive Order 13771
This proposed rule is not an
Executive Order (E.O.) 13771
(‘‘Reducing Regulation and Controlling
Regulatory Costs’’) (82 FR 9339,
February 3, 2017) regulatory action
because this proposed rule is not
significant under E.O. 12866.
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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, this 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
Sue Detwiler of the Office of
Subsistence Management, Alaska
Regional Office, U.S. Fish and Wildlife
Service, Anchorage, Alaska. Additional
assistance was provided by:
•Chris McKee, Alaska State Office,
Bureau of Land Management;
•Joshua Ream, 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
•Deyna Kuntzsch, 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 2022–
23 and 2023–24 regulatory years:
The text of the proposed amendments
to 36 CFR 242.24 and 242.26 and 50
CFR 100.24 and 100.26 is the final rule
for the 2020–2022 regulatory period for
wildlife (85 FR 74796; November 23,
2020).
The text of the proposed amendments
to 36 CFR 242.25 and 50 CFR 100.25 is
the final rule for the 2018–20 regulatory
period for wildlife (83 FR 50758;
October 9, 2018).
Sue Detwiler,
Assistant Regional Director, U.S. Fish and
Wildlife Service.
Wayne Owen,
Director, Wildlife, Fisheries, Ecology,
Watershed, & Subsistence, Alaska Region,
USDA—Forest Service.
[FR Doc. 2021–03407 Filed 2–22–21; 8:45 am]
BILLING CODE 4333–15–P 3411–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2020–0352; FRL–10016–
75–Region 9]
Approval of Arizona State
Implementation Plan Revisions;
Maricopa County Air Quality
Department; Stationary Source
Permits; New Source Review
AGENCY
: Environmental Protection
Agency (EPA).
ACTION
: Proposed rule.
SUMMARY
: The Environmental Protection
Agency (EPA) is proposing action on
revisions to the Maricopa County Air
Quality Department (MCAQD) portion
of the state implementation plan (SIP)
for the State of Arizona. We are
proposing full approval of seven
MCAQD rules for the Department’s New
Source Review (NSR) preconstruction
permitting program for new and
modified stationary sources of air
pollution. We are taking comments on
this proposed rule and plan to follow
with a final action.
DATES
: Written comments must be
received on or before March 25, 2021.
ADDRESSES
: Submit your comments,
identified by Docket ID No. EPA–R09–
OAR–2020–0352 at https://
www.regulations.gov, or via email to
R9AirPermits@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
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