Federal Register / Vol. 84, No. 21 / Thursday, January 31, 2019 / Proposed Rules 623 

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. 


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 handdelivery 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. 


khammond on DSKBBV9HB2PROD with PROPOSALS
Federal Register / Vol. 84, No. 21 / Thursday, January 31, 2019 / Proposed Rules 625 

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 


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 oddnumbered 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 


khammond on DSKBBV9HB2PROD with PROPOSALS
Federal Register / Vol. 84, No. 21 / Thursday, January 31, 2019 / Proposed Rules 627 

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 handdelivery 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.) 


khammond on DSKBBV9HB2PROD with PROPOSALS