Federal Register / Vol. 86, No. 34 / Tuesday, February 23, 2021 / Proposed Rules 10899 

TABLE 1 TO § 100.801—SECTOR OHIO VALLEY ANNUAL AND RECURRING MARINE EVENTS—Continued 

Date Event/sponsor Ohio Valley location Regulated area 

79. 3 days—Last weekend of 

September and/or first weekend 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 October.Three Rivers Rowing Association/Head of the Ohio Regatta.Pittsburgh, PA ............ Allegheny River mile 0.0–5.0 (Pennsylvania). 

81. 1 day—First or second weekend in October.Lookout Rowing Club/Chattanooga Head Race.Chattanooga, TN ........ Tennessee River, Mile 463.0–468.0 (Tennessee). 

82. 3 days—First or Second 

weekend in October.

Vanderbilt Rowing/Music City 

Head Race.

Nashville, TN .............. Cumberland River, Mile 189.5–196.0 (Tennessee). 

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 November.Atlanta Rowing Club/Head of 

the Hooch Rowing Regatta.

Chattanooga, TN ........ Tennessee River, Mile 463.0–468.0 (Tennessee). 

87. 1 day—One weekend in November 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 evennumbered years and subsistence taking 

of 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. 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 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: 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 

10900 Federal Register / Vol. 86, No. 34 / Tuesday, February 23, 2021 / Proposed Rules 

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 

Federal Register / Vol. 86, No. 34 / Tuesday, February 23, 2021 / Proposed Rules 10901 

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 oddnumbered years; public proposal and 

review processes take place during the 

10902 Federal Register / Vol. 86, No. 34 / Tuesday, February 23, 2021 / Proposed Rules 

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. 

Federal Register / Vol. 86, No. 34 / Tuesday, February 23, 2021 / Proposed Rules 10903 

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