Federal Register / Vol. 62, No. 168 / Friday, August 29, 1997 / Rules and Regulations 45723

1997, or for the duration of the

President’s visit to Martha’s Vineyard,

unless terminated sooner by the Captain

of the Port.

(c) Regulations. The general

regulations governing safety and

security zones in 33 CFR 165.23 and

165.33 apply. Entry into the zones is

prohibited unless authorized by the

Captain of the Port Providence or the

Coast Guard Presidential Security Detail

Senior Duty Officer.

Dated: August 12, 1997.

Peter A. Popko,

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

Port, Providence, RI.

[FR Doc. 97–23071 Filed 8–28–97; 8:45 am]

BILLING CODE 4910–14–M

DEPARTMENT OF AGRICULTURE

Forest Service

36 CFR Part 242

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 100

RIN 1018–AD90

Subsistence Management Regulations

for Public Lands in Alaska, Subpart C

and Subpart D—1997–1998

Subsistence Taking of Fish and

Wildlife Regulations; Correcting

Amendments

AGENCY: Forest Service, USDA. Fish and

Wildlife Service, Interior.

ACTION: Correcting amendments.

SUMMARY: These corrections amend the

Subsistence Management Regulations

for Public Lands in Alaska (50 CFR part

100 and 36 CFR part 242, published in

the Federal Register on May 29, 1997

(62 FR 29016)) implementing the

subsistence priority for rural residents

of Alaska under Title VIII of the Alaska

National Interest Lands Conservation

Act of 1980.

DATES: The amendments to Section

ll.24 are effective July 1, 1997. The

amendments to Section ll.25 are

effective July 1, 1997, through June 30,

1998.

FOR FURTHER INFORMATION CONTACT:

Thomas H. Boyd, Office of Subsistence

Management, U.S. Fish and Wildlife

Service, 1011 E. Tudor Road,

Anchorage, Alaska 99503; telephone

(907) 786–3888. For questions specific

to National Forest System lands, contact

Ken Thompson, Regional Subsistence

Program Manager, USDA—Forest

Service, Alaska Region, P.O. Box 21628,

Juneau, Alaska 99802–1628; telephone

(907) 586–7921.

SUPPLEMENTARY INFORMATION:

Background

Title VIII of the Alaska National

Interest Lands Conservation Act

(ANILCA) (16 U.S.C. 3111–3126)

requires that the Secretary of the Interior

and the Secretary of Agriculture

(Secretaries) implement a joint program

to grant a preference for subsistence

uses of fish and wildlife resources on

public lands, unless the State of Alaska

enacts and implements laws of general

applicability which are consistent with

ANILCA, and which provide for the

subsistence definition, preference, and

participation specified in sections 803,

804, and 805 of ANILCA. The State

implemented a program that the

Department of the Interior previously

found to be consistent with ANILCA.

However, in December 1989, the Alaska

Supreme Court ruled in McDowell v.

State of Alaska that the rural preference

in the State subsistence statute violated

the Alaska Constitution. The Court’s

ruling in McDowell required the State to

delete the rural preference from the

subsistence statute, and therefore,

negated State compliance with ANILCA.

The Court stayed the effect of the

decision until July 1, 1990.

As a result of the McDowell decision,

the Department of the Interior and the

Department of Agriculture

(Departments) assumed, on July 1, 1990,

responsibility for implementation of

Title VIII of ANILCA on public lands.

On June 29, 1990, the Temporary

Subsistence Management Regulations

for Public Lands in Alaska were

published in the Federal Register (55

FR 27114–27170). Consistent with

subparts A, B, and C of these

regulations, a Federal Subsistence Board

was established to administer the

Federal subsistence management

program. The Board’s composition

includes 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, U.S.

National Park Service; the Alaska State

Director, U.S. Bureau of Land

Management; the Alaska Area Director,

U.S. Bureau of Indian Affairs; and the

Alaska Regional Forester, USDA Forest

Service. Through the Board, these

agencies have participated in

development of regulations for subparts

A, B, and C, and the annual Subpart D

regulations. All Board members have

reviewed this rule and agree with its

substance. Because this rule relates to

public lands managed by an agency or

agencies in both the Departments of

Agriculture and the Interior, identical

text would be incorporated into 36 CFR

part 242 and 50 CFR part 100.

Proposed Subpart C regulations for

customary and traditional use

determinations and subpart D

regulations for the 1997–1998 seasons

and bag limits, and methods and means

were published on August 7, 1996, in

the Federal Register (61 FR 41060). A

60-day comment period providing for

public review of the proposed rule was

advertised by mail, radio, and

newspaper. Subsequent to that 60-day

review period, the Board prepared a

booklet describing all proposals for

change. The public then had an

additional 30 days in which to comment

on the proposals for changes to the

regulations. The Federal Subsistence

Regional Advisory Councils met in

regional centers, received public

comments, and formulated

recommendations to the Board on

proposals for their respective regions.

The final regulations, published on May

29, 1997 (62 FR 29016) reflect Board

review and consideration of Regional

Council recommendations and public

comments submitted to the Board

during their April/May meeting.

These correcting amendments are a

result of requests for Special Action as

a result of resource concerns, a need for

clearer wording in one section, errors in

printing of the Federal Register

document, and an error in the document

as submitted to the Federal Register.

Below are summaries of each action.

Subpart C

Unit 11, remainder—Sheep—Dot Lake

was incorrectly included.

Unit 12, remainder—Moose; Unit

12—Sheep; and Unit 12—Wolf—The

determinations for these three areas

were scrambled in the printing process.

Unit 26(C)—Sheep—Anaktuvuk Pass

was added by Board Special Action.

Subpart D

Units 6, 7, 11, 12, 13, 15, 20, and 25—

Lynx—The Board acted on a request

from the Alaska Department of Fish and

Game (ADF&G) to open the trapping

season in Unit 15(A) and to lengthen the

season in Units 6, 7, 11, 12, 13, 15, 20,

and 25. This follows the Board’s

previous agreement to follow a harvest

tracking strategy where possible. The

strategy calls for shortening or closing

trapping seasons when lynx numbers

are low and lengthening or opening

seasons when lynx are abundant. The

Regional Councils for the affected areas

supported this action to additional
45724 Federal Register / Vol. 62, No. 168 / Friday, August 29, 1997 / Rules and Regulations

harvest of the lynx populations in those

Units.

Unit 10, Unimak Island—Caribou—

The Board acted on a request from the

local residents to open a limited hunt on

Unimak Island. This follows biological

surveys which indicate that the herd in

this area is large enough to support a

limited harvest.

Units 22 and 23—Muskox—The

regulations have been clarified to

specify the number of permits that will

be issued rather than the percentage of

harvest that will be allowed.

Units 24 and 26—Sheep—These

sections have been rewritten to clarify

the harvest regime for Anaktuvuk Pass.

Only the items described above are

being changed; but for clarity, the entire

table section for the pertinent species in

each Unit is reproduced. The above

actions were supported by the Regional

Councils in the affected areas. Notice of

the Board meeting and the subjects to be

considered were widely circulated and

the public had an opportunity to

comment and participate.

The Board finds that additional public

notice and comment requirements

under the Administrative Procedures

Act (APA) for this final rule are

impracticable, unnecessary, and

contrary to the public interest. A lapse

in regulatory control could seriously

affect the continued viability of wildlife

populations, adversely impact future

subsistence opportunities for rural

Alaskans, and would generally fail to

serve the overall public interest.

Therefore, the Board finds good cause

pursuant to 5 U.S.C. 553(b)(B) to waive

the public notice and comment

procedures prior to publication of this

rule. The Board finds good cause under

5 U.S.C. 553(d)(3) to make this rule

effective July 1, 1997.

Conformance With Statutory and

Regulatory Authorities

National Environmental Policy Act

Compliance

A Draft Environmental Impact

Statement (DEIS) that described four

alternatives for developing a Federal

Subsistence Management Program was

distributed for public comment on

October 7, 1991. That document

described the major issues associated

with Federal subsistence management

as identified through public meetings,

written comments and staff analysis and

examined the environmental

consequences of the four alternatives.

Proposed regulations (subparts A, B,

and C) that would implement the

preferred alternative were included in

the DEIS as an appendix. The DEIS and

the proposed administrative regulations

presented a framework for an annual

regulatory cycle regarding subsistence

hunting and fishing regulations (Subpart

D). The Final Environmental Impact

Statement (FEIS) was published on

February 28, 1992.

Based on the public comment

received, the analysis contained in the

FEIS, and the recommendations of the

Federal Subsistence Board and the

Department of the Interior’s Subsistence

Policy Group, it was the decision of the

Secretary of the Interior, with the

concurrence of the Secretary of

Agriculture, through the U.S.

Department of Agriculture-Forest

Service, to implement Alternative IV as

identified in the DEIS and FEIS (Record

of Decision on Subsistence Management

for Federal Public Lands in Alaska

(ROD), signed April 6, 1992). The DEIS

and the selected alternative in the FEIS

defined the administrative framework of

an annual regulatory cycle for

subsistence hunting and fishing

regulations. The final rule for

Subsistence Management Regulations

for Public Lands in Alaska, Subparts A,

B, and C (57 FR 22940–22964,

published May 29, 1992) implemented

the Federal Subsistence Management

Program and included a framework for

an annual cycle for subsistence hunting

and fishing regulations.

Compliance With Section 810 of

ANILCA

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. A Section 810 analysis was

completed as part of the FEIS process.

The final Section 810 analysis

determination appears in the April 6,

1992, ROD which found that the Federal

Subsistence Management Program,

under a modified Alternative IV with an

annual process for setting hunting and

fishing regulations, had no significant

possibility of a significant restriction of

subsistence uses.

Paperwork Reduction Act

These rules contain information

collection requirements subject to Office

of Management and Budget (OMB)

approval under the Paperwork

Reduction Act of 1995. They apply to

the use of public lands in Alaska. The

information collection requirements

described below have been approved by

OMB under 44 U.S.C. 3501 and have

been assigned clearance number 1018–

0075, which expires 5/31/2000.

The collection of information will be

achieved through the use of the Federal

Subsistence Hunt Permit Application.

This collection information will

establish whether the applicant qualifies

to participate in a Federal subsistence

hunt on public land in Alaska and will

provide a report of harvest and location

of harvest.

The likely respondents to this

collection of information are rural

Alaska residents who wish to

participate in specific subsistence hunts

on Federal land. The collected

information is necessary to determine

harvest success and harvest location in

order to make management decisions

relative to the conservation of healthy

wildlife populations. The annual

burden of reporting and recordkeeping

is estimated to average 0.25 hours per

response, including time for reviewing

instructions, gathering and maintaining

data, and completing and reviewing the

form. The estimated number of likely

respondents under this rule is less than

5,000, yielding a total annual reporting

and recordkeeping burden of 1,250

hours or less.

Direct comments on the burden

estimate or any other aspect of this form

to: Information Collection Officer, U.S.

Fish and Wildlife Service, 1849 C Street,

NW, MS 224 ARLSQ, Washington, D.C.

20240; and the Office of Management

and Budget, Paperwork Reduction

Project (Subsistence), Washington, D.C.

20503. Additional information

collection requirements may be imposed

if Local Advisory Committees subject to

the Federal Advisory Committee Act are

established under Subpart B.

Economic Effects

This rule was not subject to OMB

review under Executive Order 12866.

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. The

Departments have determined 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.

This rulemaking will impose no

significant costs on small entities; the

exact number of businesses and the

amount of trade that will result from

this Federal land-related activity is

unknown. The aggregate effect is an

insignificant positive economic effect on

a number of small entities, such as

ammunition, snowmachine, and

gasoline dealers. The number of small
Federal Register / Vol. 62, No. 168 / Friday, August 29, 1997 / Rules and Regulations 45725

entities affected is unknown; but, the

fact that the positive effects will be

seasonal in nature and will, in most

cases, merely continue preexisting uses

of public lands indicates that they will

not be significant.

In general, the resources harvested

under this rule will be consumed by the

local harvester and do not result in a

dollar benefit to the economy. However,

it is estimated that 2 million pounds of

meat are harvested State-wide by the

local subsistence users annually and, if

given a dollar value of $3.00 per pound,

would equate to $6 million State wide.

Title VIII of ANILCA requires the

Secretaries to administer a subsistence

preference on public lands. The scope of

this program is limited by definition to

certain public lands. Likewise, these

regulations have no potential takings of

private property implications as defined

by Executive Order 12630.

The Service has determined and

certifies pursuant to the Unfunded

Mandates 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 Service has determined that these

final regulations meet the applicable

standards provided in Sections 3(a) and

3(b)(2) of Executive Order 12988.

Drafting Information. These

regulations were drafted by William

Knauer under the guidance of Thomas

H. Boyd, of the Office of Subsistence

Management, Alaska Regional Office,

U.S. Fish and Wildlife Service,

Anchorage, Alaska. Additional guidance

was provided by Peggy Fox, Alaska

State Office, Bureau of Land

Management; Sandy Rabinowitch,

Alaska Regional Office, National Park

Service; Ida Hildebrand, Alaska Area

Office, Bureau of Indian Affairs; and

Ken Thompson, 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, Public lands,

Reporting and recordkeeping

requirements, Subsistence, Wildlife.

For the reasons set out in the

preamble, Title 36, Part 242, and Title

50, Part 100, of the Code of Federal

Regulations, are amended as set forth

below.

PART ll—SUBSISTENCE

MANAGEMENT REGULATIONS FOR

PUBLIC LANDS IN ALASKA

1. The authority citation for both 36

CFR part 242 and 50 CFR part 100

continues to read as follows:

Authority: 16 U.S.C. 3, 472, 551, 668dd,

3101–3126; 18 U.S.C. 3551–3586; 43 U.S.C.

1733.

2. Section ll.24(a)(1) is amended in

the table by removing the entry for

‘‘Unit 11, remainder, Sheep’’ and adding

a new entry in its place to read as

follows:

§ll.24 Customary and traditional use

determinations.

(a) * * *

(1) * * *

Area Species Determination

* * * * * * *

11, remainder .... Sheep ......... Residents of the communities and areas of Chisana, Chistochina, Chitina, Copper Center, Gakona,

Glennallen, Gulkana, Kenny Lake, Mentasta Lake, Slana, McCarthy/South Wrangell/South Park, Tazlina

and Tonsina; residents along the Tok Cutoff—Milepost 79–110 (Mentasta Pass), residents along the

Nabesna Road—

* * * * * * *

* * * * *

3. Section ll.24(a)(1) is amended in the table by removing the entries for ‘‘Unit 12, remainder, Moose,’’ ‘‘Unit

12, Sheep,’’ and ‘‘Unit 12, Wolf’’ and adding three new entries in their place to read as follows:

(a) * * *

(1) * * *

Area Species Determination

* * * * * * *

12, remainder .... Moose ......... Residents of Unit 12 and residents of Dot Lake and Mentasta Lake.

12 ...................... Sheep ......... Residents of Unit 12 and residents of Chistochina and Mentasta Lake.

12 ...................... Wolf ............. Residents of Units 6, 9, 10 (Unimak Island only), 11–13 and the residents of Chickaloon and 16–26.

* * * * * * *

* * * * *

4. Section ll.24(a)(1) is amended in the table by removing the entry for ‘‘Unit 26(C), Sheep,’’ and adding a

new entry in its place to read as follows:

(a) * * *

(1) * * *

Area Species Determination

* * * * * * *

26(C) ................. Sheep ......... Residents of Unit 26, Anaktuvuk Pass, Arctic Village, Chalkytsik, Fort Yukon, Point Hope, and Venetie.

* * * * * * *

* * * * *

5. Section ll.25(k)(6)(iii) is

amended in the table under ‘‘Trapping’’

by revising the entry for Lynx to read as

follows:

§ll.25 Subsistence taking of wildlife.

* * * * *

(k) * * *
45726 Federal Register / Vol. 62, No. 168 / Friday, August 29, 1997 / Rules and Regulations

(6) * * *

(iii) * * *

Harvest limits Open season

* * * * *

Trapping

* * * * *

Lynx:

No limit ........................... Jan. 1–Feb. 15.

* * * * *

* * * * *

6. Section ll.25(k)(7)(iii) is

amended in the table under ‘‘Trapping’’

by revising the entry for Lynx to read as

follows:

* * * * *

(k) * * *

(7) * * *

(iii) * * *

Harvest limits Open season

* * * * *

Trapping

* * * * *

Lynx:

No limit ........................... Jan. 1–Feb. 15.

* * * * *

* * * * *

7. Section ll.25(k)(10)(ii) is

amended in the table under ‘‘Hunting’’

by revising the entry for ‘‘Caribou’’ to

read as follows:

* * * * *

(k) * * *

(10) * * *

(ii) * * *

Harvest limits Open season

* * * * *

Hunting

* * * * *

Caribou:

Unit 10—Unimak Island

only. 1 bull by Federal

registration permit only.

Aug. 10–Mar.

31.

Remainder of Unit 10—

No limit.

July 1–June 30.

* * * * *

* * * * *

8. Section ll.25(k)(11)(i) is

amended in the table under ‘‘Trapping’’

by revising the entry for ‘‘Lynx’’ to read

as follows:

* * * * *

(k) * * *

(11) * * *

(i) * * *

Harvest limits Open season

* * * * *

Trapping

* * * * *

Lynx:

No limit ........................... Dec. 1–Feb. 15.

* * * * *

* * * * *

9. Section ll.25(k)(12)(i) is

amended in the table under ‘‘Trapping’’

by revising the entry for ‘‘Lynx’’ to read

as follows:

* * * * *

(k) * * *

(12) * * *

(i) * * *

Harvest limits Open season

* * * * *

Trapping

* * * * *

Lynx:

No limit ........................... Dec. 1–Feb. 15.

* * * * *

* * * * *

10. Section ll.25(k)(13)(iii) is

amended in the table under ‘‘Trapping’’

by revising the entry for ‘‘Lynx’’ to read

as follows:

* * * * *

(k) * * *

(13) * * *

(iii) * * *

Harvest limits Open season

* * * * *

Trapping

* * * * *

Lynx:

No limit ........................... Dec. 1–Feb. 15.

* * * * *

* * * * *

11. Section ll.25(k)(15)(iii) is

amended in the table under ‘‘Trapping’’

by revising the entry for Lynx to read as

follows:

* * * * *

(k) * * *

(15) * * *

(iii) * * *

Harvest limits Open season

* * * * *

Trapping

* * * * *

Lynx:

No limit ........................... Jan. 1–Feb. 15.

* * * * *

* * * * *

12. Section ll.25(k)(20)(iii) is

amended in the table under ‘‘Trapping’’

by revising the entry for Lynx to read as

follows:

* * * * *

(k) * * *

(20) * * *

(iii) * * *

Harvest limits Open season

* * * * *

Trapping

* * * * *

Lynx:

Unit 20(A), (B), (D), (E),

and (C) east of the

Teklanika River—No

limit.

Dec. 1–Feb. 15.

Unit 20(F) and the remainder of 20(C)—No

limit.

Nov. 1–Feb. 28.

* * * * *

* * * * *

13. Section ll.25(k)(22)(ii) is

amended in the table under ‘‘Hunting’’

by revising the entry for Muskox to read

as follows:

* * * * *

(k) * * *

(22) * * *

(ii) * * *

Harvest limits Open season

* * * * *

Hunting

* * * * *

Muskox:

Unit 22(D) and (E)—1

bull by Federal registration permit only.

Federal public lands

are closed to the taking of muskox except

by Federally-qualified

subsistence users. The

hunt in Unit 22(D) will

be closed when 8 bulls

(one-half from National

Park Service lands and

one-half from Bureau

of Land Management

lands) have been

taken. The hunt in Unit

22(E) will be closed

when 9 bulls have

been taken.

Sept. 1–Jan. 31.

Remainder of Unit 22 ..... No open season.

* * * * *

* * * * *

14. Section ll.25(k)(23)(iii) is

amended in the table under ‘‘Hunting’’

by revising the entry for Muskox to read

as follows:

* * * * *

(k) * * *

(23) * * *

(iii) * * *
Federal Register / Vol. 62, No. 168 / Friday, August 29, 1997 / Rules and Regulations 45727

Harvest limits Open season

* * * * *

Hunting

* * * * *

Muskox:

Unit 23 South of

Kotzebue Sound and

west of and including

the Buckland River

drainage—1 bull by

Federal registration

permit only. Federal

public lands are closed

to the taking of

muskox except by

Federally-qualified subsistence users. The

hunt will be closed

when 6 bulls have

been taken.

Sept. 1–Jan. 31.

Remainder of Unit 23 ..... No open season.

* * * * *

* * * * *

15. Section ll.25(k)(24)(iii) is

amended in the table under ‘‘Hunting’’

by revising the entry for Sheep to read

as follows:

* * * * *

(k) * * *

(24) * * *

(iii) * * *

Harvest limits Open season

* * * * *

Hunting

* * * * *

Sheep:

Unit 24 (Anaktuvuk Pass

residents only)—that

portion within the

Gates of the Arctic National Park—community harvest quota of

60 sheep, no more

than 10 of which may

be ewes and a daily

possession limit of 3

sheep per person no

more than 1 of which

may be a ewe.

July 15–Dec.

31.

Unit 24 (excluding

Anaktuvuk Pass residents)—that portion

within the Gates of the

Arctic National Park—3

sheep.

Aug. 1–Apr. 30.

Unit 24—that portion

within the Dalton Highway Corridor Management Area; except,

Gates of the Arctic National Park—1 ram

with 7⁄8 curl horn or

larger by Federal registration permit only.

Aug. 10–Sept.

20.

Remainder of Unit 24—1

ram with 7⁄8 curl horn

or larger.

Aug. 10–Sept.

20.

* * * * *

* * * * *

16. Section ll.25(k)(25)(iii) is

amended in the table under ‘‘Trapping’’

by revising the entry for Lynx to read as

follows:

* * * * *

(k) * * *

(25) * * *

(iii) * * *

Harvest limits Open season

* * * * *

Trapping

* * * * *

Lynx:

No limit ........................... Nov. 1–Feb. 28.

* * * * *

* * * * *

17. Section ll.25(k)(26)(iii) is

amended in the table under ‘‘Hunting’’

by revising the entry for Sheep to read

as follows:

* * * * *

(k) * * *

(26) * * *

(iii) * * *

Harvest limits Open season

* * * * *

Hunting

* * * * *

Sheep:

26 (A) and (B)

(Anaktuvuk Pass residents only)—those

portions within the

Gates of the Arctic National Park—community harvest quota of

60 sheep, no more

than 10 of which may

be ewes and a daily

possession limit of 3

sheep per person no

more than 1 of which

may be a ewe.

July 15–Dec.

31.

Unit 26(A) (excluding

Anaktuvuk Pass residents)—that portion

within the Gates of the

Arctic National Park—3

sheep.

Aug. 1–Apr. 30.

Unit 26(A)—that portion

west of Howard Pass

and the Etivluk River.

No open season.

Unit 26(B)—that portion

within the Dalton Highway Corridor Management Area—1 ram with

7⁄8 curl horn or larger

by Federal registration

permit only.

Aug. 10–Sept.

20.

Remainder of Units 26

(A) and (B)—including

the Gates of the Arctic

National Preserve—1

ram with 7⁄8 curl horn

or larger.

Aug. 10–Sept.

20.

Harvest limits Open season

Unit 26(C)—3 sheep per

regulatory year; the

Aug. 10–Sept. 20 season is restricted to 1

ram with 7⁄8 curl horn

or larger. A Federal

registration permit is

required for the Oct.

1–Apr. 30 season.

Aug. 10–Sept.

20.

Oct. 1–Apr. 30.

* * * * *

* * * * *

Dated: August 14, 1997.

Thomas H. Boyd,

Acting Chair, Federal Subsistence Board.

Dated: August 18, 1997.

James A. Caplan,

Acting Regional Forester, USDA—Forest

Service.

[FR Doc. 97–22751 Filed 8–28–97; 8:45 am]

BILLING CODE 3410–11–P, 4310–55–P

POSTAL RATE COMMISSION

39 CFR Part 3001

[Docket No. RM97–2; Order No. 1191]

Amendment to Rules Concerning

Evidence Based on Market Research

AGENCY: Postal Rate Commission.

ACTION: Final rule.

SUMMARY: The Commission amends

Rule 31(k) of its rules of practice by

expanding foundation requirements for

market research and making several

editorial improvements. The

amendment’s purpose is to provide

participants with guidance on the type

of supporting information that must

accompany market research

submissions. The amendment will

improve participants’ ability to review

these submissions.

DATES: This rule is effective August 29,

1997.

FOR FURTHER INFORMATION CONTACT:

Stephen L. Sharfman, General Counsel,

Postal Rate Commission, 1333 H Street

NW., Suite 300, Washington, DC 20268–

0001, (202) 789–6820.

SUPPLEMENTARY INFORMATION: On May 2,

1997, the Commission issued a Notice of

Proposed Rulemaking (NPRM)

proposing three substantive changes in

rule 31(k) (39 CFR 3001.31(k)). The

changes addressed market research

submitted (or relied upon) in

Commission proceedings. The NPRM

also proposed several minor editorial

improvements in the rule, including

limited restructuring. See Docket No.

RM97–2, Rule 31(k) Revisions

Concerning Market Research, 62 FR

25578 (May 9, 1997). One substantive