Federal Register / Vol. 77, No. 41 / Thursday, March 1, 2012 / Rules and Regulations 12477 

SUPPLEMENTARY INFORMATION: The 

Greater New Orleans Expressway 

Commission requested a temporary 

deviation from the published regulation 

for the Greater New Orleans Expressway 

Commission Causeway bascule bridge 

across Lake Pontchartrain. The bridge 

provides 42.6 feet of vertical clearance 

when closed above mean high water, 

and unlimited clearance above MHW in 

the open-to-navigation position. 

Currently, according to 33 CFR 

117.467(b), the draw of the Greater New 

Orleans Expressway Commission 

Causeway bascule bridge shall open on 

signal if at least three hours notice is 

given; except that the draw need not be 

open for the passage of vessels Monday 

through Fridays except Federal 

holidays, from 5:30 a.m. to 9:30 a.m. 

and 3 p.m. to 7 p.m.. The draw will 

open on signal for any vessel in distress 

or vessel waiting immediately following 

the closures listed above. 

This deviation allows the bridge to 

remain closed to navigation for four (4) 

days from 6 a.m. on March 13, 2012 

through 6 p.m. on March 16, 2012. 

Navigation on the waterway consists 

mainly of recreational vessels. The 

Coast Guard has coordinated the closure 

with other Coast Guard units. These 

dates and this schedule were chosen to 

minimize the effects on vessel traffic; 

however, vessels that may pass under 

the bridge in the closed-to-navigation 

position can do so any anytime. The 

bridge will not be able to open for 

emergencies. 

In accordance with 33 CFR 117.35, 

this work will be performed with 

flexibility in order to return the bridge 

to normal operations as soon as 

possible. This deviation from the 

operating regulations is authorized 

under 33 CFR 117.35. 

Dated: February 10, 2012. 

David M. Frank, 

Bridge Administrator. 

[FR Doc. 2012–4919 Filed 2–29–12; 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–2011–0068; 

FXFR13350700640L6–123–FF07J00000] 

RIN 1018–AX95 

Subsistence Management Regulations 

for Public Lands in Alaska—Subpart CBoard Determinations; Rural 

Determinations 

AGENCY: Forest Service, Agriculture; 

Fish and Wildlife Service, Interior. 

ACTION: Final rule; extension of 

compliance date and request for 

comments. 

SUMMARY: This final rule extends the 

compliance date for the final rule that 

revised the list of nonrural areas 

identified by the Federal Subsistence 

Board (Board). On May 7, 2007, the 

Board published a final rule changing 

the rural determination for several 

communities or areas in Alaska. These 

communities had five years following 

the date of publication to come into 

compliance. In 2009 the Secretary of the 

Interior initiated a review of the Federal 

Subsistence Program. An ensuing 

directive was for the Federal 

Subsistence Board to review its 

processes for determining the rural and 

nonrural status of communities. As a 

result, the Board has initiated a review 

of the rural determination process and 

the rural determination findings. The 

Board finds that it is in the public’s 

interest to extend the compliance date 

of the 2007 final rule until the review 

is complete or in 5 years, whichever 

comes first. 

DATES: Compliance: The compliance 

date for the final rule revising 36 CFR 

242.23 and 50 CFR 100.23 published 

May 7, 2007 (72 FR 25688), and 

effective June 6, 2007, is extended until 

either the rural determination process 

and findings review is completed or 5 

years, whichever comes first. We will 

publish a document announcing the 

compliance date in the Federal Register. 

Comments: Comments will be 

received until April 16, 2012. 

ADDRESSES: 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–2011–0068, 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. 

FOR FURTHER INFORMATION CONTACT: 

Chair, Federal Subsistence Board, c/o 

U.S. Fish and Wildlife Service, 

Attention: Peter J. Probasco, Office of 

Subsistence Management; (907) 786– 

3888 or subsistence@fws.gov. For 

questions specific to National Forest 

System lands, contact Steve Kessler, 

Regional Subsistence Program Leader, 

USDA, Forest Service, Alaska Region; 

(907) 743–9461 or skessler@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 

(Program). This Program grants a 

preference for subsistence uses of fish 

and wildlife resources on Federal public 

lands and waters in Alaska. The 

Secretaries first published regulations to 

carry out this program in the Federal 

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

These regulations have subsequently 

been amended several times. This 

Program is a joint effort between Interior 

and Agriculture, as a result 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 242.1–28 and 50 

CFR 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. 

Federal Subsistence Board 

Consistent with subpart B of these 

regulations, the Secretaries established a 

Federal Subsistence Board to administer 

the Federal Subsistence Management 

Program. The Board comprises: 


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12478 Federal Register / Vol. 77, No. 41 / Thursday, March 1, 2012 / Rules and Regulations 

• 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 Regional Director, U.S. 

Bureau of Indian Affairs; 

• The Alaska Regional Forester, U.S. 

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 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. 

Public Meetings 

The Regional Advisory Councils have 

a substantial role in reviewing 

subsistence issues and making 

recommendations to the Board. The 

Federal Subsistence Board, through the 

Councils, will hold meetings to accept 

comments and propose changes to the 

subsistence take of fish and shellfish 

during the winter meeting cycle. You 

may present comments on this rule 

during those meetings at the following 

locations in Alaska, on the following 

remainingdates: 

Region 1—Southeast Regional Council ............................................................... Juneau .................................................. March 20, 2012. 

Region 2—Southcentral Regional Council ........................................................... Anchorage ............................................. March 13, 2012. 

Region 3—Kodiak/Aleutians Regional Council .................................................... Old Harbor ............................................ March 22, 2012. 

Region 4—Bristol Bay Regional Council ............................................................. Naknek .................................................. March 7, 2012. 

Region 5—Yukon-Kuskokwim Delta Regional Council ........................................ Bethel .................................................... February 23, 2012. 

Region 6—Western Interior Regional Council ..................................................... McGrath ................................................ February 29, 2012. 

Region 7—Seward Peninsula Regional Council .................................................. Nome .................................................... February 7, 2012. 

Region 8—Northwest Arctic Regional Council .................................................... Kotzebue ............................................... March 8, 2012. 

Region 9—Eastern Interior Regional Council ...................................................... Fairbanks .............................................. February 29, 2012. 

Region 10—North Slope Regional Council .......................................................... Barrow ................................................... February 16, 2012. 

Current Rule 

In accordance with §ll.10(d)(4)(ii), 

one of the responsibilities given to the 

Federal Subsistence Board is to 

determine which communities or areas 

of the State are rural or nonrural. 

The Board determines if a community 

or area is rural in accordance with 

established guidelines set forth in 

§ ll.15(a). The Board reviews rural 

determinations on a 10-year cycle and 

may review determinations out-of-cycle 

in special circumstances. Once the 

Board makes a determination that a 

community or area has changed from 

rural to nonrural, a waiting period of 

5 years is required for the residents to 

comply with the change. A change from 

nonrural to rural would be effective 

30 days after publication of the rule. 

In 2007, the Board published a final 

rule, Subsistence Management 

Regulations for Public Lands in Alaska, 

Subpart C; Nonrural Determinations (72 

FR 25688; May 7, 2007). This rule 

revised the list of nonrural areas 

identified by the Board. Only residents 

of areas identified as rural are eligible to 

participate in the Federal Subsistence 

Management Program on Federal public 

lands in Alaska. The Board changed 

Adak’s status to rural, added Prudhoe 

Bay to the list of nonrural areas, and 

adjusted the boundaries of the following 

nonrural areas: the Kenai Area; the 

Wasilla/Palmer Area, including Point 

McKenzie; the Homer Area, including 

Fritz Creek East (except Voznesenka) 

and the North Fork Road area; and the 

Ketchikan Area, including Saxman and 

portions of Gravina Island. The effective 

date was June 6, 2007, with a 5-year 

compliance date of May 7, 2012. 

On October 23, 2009, Secretary of the 

Interior Salazar announced the 

initiation of a Departmental review of 

the Federal Subsistence Management 

Program in Alaska; Secretary of 

Agriculture Vilsack later concurred with 

this course of action. The review 

focused on how the Program is meeting 

the purposes and subsistence provisions 

of Title VIII of ANILCA, and how the 

Program is serving rural subsistence 

users as envisioned when it began in the 

early 1990s. 

On August 31, 2010, the Secretaries 

announced the findings of the review, 

which included several proposed 

administrative and regulatory changes 

to strengthen the Program and make it 

more responsive to those who rely on it 

for their subsistence uses. One proposal 

called for a review, with Council input, 

of the rural and nonrural determination 

process and, if needed, 

recommendations for regulatory 

changes. 

Public Comments and Board Action 

The public, Alaska Native 

organizations, the State, and other 

groups have had numerous 

opportunities to comment and consult 

on rural determinations. The numerous 

comments received are the foundation 

of this action, and this rule is in 

response to the myriad of comments 

received. 

Starting in November of 2009, the 

Secretarial review was conducted by the 

Alaska Affairs Office within the Office 

of the Secretary. Meetings with more 

than 45 different stakeholder groups 

were held in 13 different communities 

throughout Alaska. More than 115 

comments from individuals and 

interested organizations were received. 

Many of these comments addressed 

concerns relating to rural and nonrural 

determinations. These comments were 

posted on the Departmental Web site at 

http://www.doi.gov/whatwedo/ 

subsistencereview/index.cfm. 

During the January 18–20, 2011, and 

January 17–20, 2012, Federal 

Subsistence Board public meetings, the 

Board offered a comment period each 

day for members of the public to speak 

to any issues related to subsistence 

issues that were not on the meeting 

agenda. Several members of the public 

took the opportunity to voice their 

concerns and comments on rural and 

nonrural issues. On January 21, 2011, 

and January 17, 2012, the Board 

conducted tribal consultations with 

Alaska Native organizations to address 

proposed regulatory changes to the 

subsistence take of fish and wildlife 

regulations; a number of Alaska Native 

organizations again took the opportunity 

to also express their views on rural and 

nonrural issues and how they affected 


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Federal Register / Vol. 77, No. 41 / Thursday, March 1, 2012 / Rules and Regulations 12479 

their Tribes and communities. In 

addition, during Board work sessions 

held on May 3–4 and July 11, 2011, the 

Board provided opportunities for 

members of the public, Tribal 

representatives, and Council Chairs to 

comment on rural and nonrural issues. 

The transcripts for these Board meetings 

are posted at http://alaska.fws.gov/asm/ 

board.cfml. 

On January 20, 2012, the Board met to 

consider the Secretarial directive, 

consider the Council’s 

recommendations and review all public, 

Tribal, and Native Corporation 

comments on rural determinations. 

After discussion and careful review, the 

Board voted unanimously to initiate a 

review of the rural determination 

process and the 2010 decennial review 

through publication of a proposed rule. 

Consequently, based on that action, the 

Board found that it was in the public’s 

best interest to extend the compliance 

date of its 2007 final rule (72 FR 25688; 

May 7, 2007) on rural and nonrural 

determinations until the review of the 

rural determination process and 

decennial review are complete or in 

5 years, whichever comes first. 

The Board’s justification for extending 

the compliance date is based on the 

following factors: 

• With the overall review of the rural 

determination process and initiation of 

the decennial review, there exists the 

possibility that new rulemaking will be 

required. By extending the compliance 

date, the Board will be saving time and 

resources by avoiding the possibility of 

repetitive rulemaking; in addition, it 

will prevent confusion and undue 

hardship on affected rural users. 

• This action would demonstrate a 

genuine commitment to listening and 

responding to what the Board heard 

through public comments, Tribal 

consultations, and Council 

recommendations. 

• A recently published final rule (76 

FR 56109, September 12, 2011) to 

expand the Board by two public 

members that represent rural Alaskan 

subsistence users; this action will give 

the Board additional perspective on the 

issues facing rural users. 

The Board is publishing this rule 

without a prior proposal because this 

action is viewed as an administrative 

action. You may submit comment and 

materials on this rule by one of the 

methods listed in ADDRESSES. We will 

not accept comments sent by email or 

fax or to an address not listed in 

ADDRESSES. We will not consider handdelivered comments that we do not 

receive, or mailed comments that are 

not postmarked, by the date specified in 

DATES. 

We will post your entire comment on 

http://www.regulations.gov. Before 

including personal identifying 

information in your comment, you 

should be aware that your entire 

comment—including your personal 

identifying information—may be made 

publicly available at any time. While 

you can ask us in your comment to 

withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. We will post all hardcopy 

comments on http:// 

www.regulations.gov. 

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 75 FR 60810 (October 1, 2010) 

and the relationship required by statute 

for consultation and coordination with 

Alaska Native corporations. 

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.’’ 

Title VIII of ANILCA provides rights 

to all Federally qualified rural residents 

for the subsistence taking of wildlife, 

fish, and shellfish. However, because 

tribal members are affected by 

subsistence regulations, the Secretaries, 

through the Board, provides Federally 

recognized Tribes and Alaska Native 

corporations opportunities to consult on 

subsistence issues. 

The Board engages in outreach efforts 

for the program 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: commenting on proposed 

changes to the existing rule; engaging in 

dialogue at the 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 is committed to efficiently and 

adequately providing opportunities to 

Tribes and Alaska Native corporations 

for consultation with regard to 

subsistence rulemaking. 

Conformance With Statutory and 

Regulatory Authorities 

National Environmental Policy Act 

Compliance 

A Draft Environmental Impact 

Statement (DEIS) 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 analyses and examined the 

environmental consequences of 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 a 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 comments 

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, the Secretary of the 

Interior, with the concurrence of the 

Secretary of Agriculture, through the 

U.S. Department of Agriculture-Forest 

Service, implemented 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 

a 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, implemented the 

Federal Subsistence Management 

Program and included a framework for 

a regulatory cycle for the subsistence 

taking of wildlife and fish. The 

following Federal Register documents 

pertain to this rulemaking: 


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12480 Federal Register / Vol. 77, No. 41 / Thursday, March 1, 2012 / Rules and Regulations 

SUBSISTENCE MANAGEMENT REGULATIONS FOR PUBLIC LANDS IN ALASKA, SUBPARTS A, B, AND C: Federal Register 

DOCUMENTS PERTAINING TO THE FINAL RULE

Federal Register 

citation Date of publication Category Details 

57 FR 22940 ........ May 29, 1992 ............ Final Rule ........................... ‘‘Subsistence Management Regulations for Public Lands in Alaska; 

Final Rule’’ was published in the Federal Register. 

64 FR 1276 .......... January 8, 1999 ........ Final Rule ........................... Amended the regulations to include subsistence activities occurring 

on inland navigable waters in which the United States has a reserved water right and to identify specific Federal land units 

where reserved water rights exist. Extended the Federal Subsistence Board’s management to all Federal lands selected under the 

Alaska Native Claims Settlement Act and the Alaska Statehood 

Act and situated within the boundaries of a Conservation System 

Unit, National Recreation Area, National Conservation Area, or 

any new national forest or forest addition, until conveyed to the 

State of Alaska or to an Alaska Native Corporation. Specified and 

clarified the Secretaries’ authority to determine when hunting, fishing, or trapping activities taking place in Alaska off the public 

lands interfere with the subsistence priority. 

66 FR 31533 ........ June 12, 2001 ........... Interim Rule ........................ Expanded the authority that the Board may delegate to agency field 

officials and clarified the procedures for enacting emergency or 

temporary restrictions, closures, or openings. 

67 FR 30559 ........ May 7, 2002 .............. Final Rule ........................... Amended the operating regulations in response to comments on the 

June 12, 2001, interim rule. Also corrected some inadvertent errors and oversights of previous rules. 

68 FR 7703 .......... February 18, 2003 ..... Direct Final Rule ................ Clarified how old a person must be to receive certain subsistence 

use permits and removed the requirement that Regional Councils 

must have an odd number of members. 

68 FR 23035 ........ April 30, 2003 ............ Affirmation of Direct Final 

Rule.

Because no adverse comments were received on the direct final 

rule (67 FR 30559), the direct final rule was adopted. 

69 FR 60957 ........ October 14, 2004 ...... Final Rule ........................... Clarified the membership qualifications for Regional Advisory Council membership and relocated the definition of ‘‘regulatory year’’ 

from subpart A to subpart D of the regulations. 

70 FR 76400 ........ December 27, 2005 .. Final Rule ........................... Revised jurisdiction in marine waters and clarified jurisdiction relative to military lands. 

71 FR 49997 ........ August 24, 2006 ........ Final Rule ........................... Revised the jurisdiction of the subsistence program by adding submerged lands and waters in the area of Makhnati Island, near 

Sitka, AK. This allowed subsistence users to harvest marine resources in this area under seasons, harvest limits, and methods 

specified in the regulations. 

72 FR 25688 ........ May 7, 2007 .............. Final Rule ........................... Revised nonrural determinations. 

75 FR 63088 ........ October 14, 2010 ...... Final Rule ........................... Amended the regulations for accepting and addressing special action requests and the role of the Regional Advisory Councils in 

the process. 

76 FR 56109 ........ September 12, 2011 .. Final Rule ........................... Revised the composition of the Board. 

An environmental assessment was 

prepared in 1997 on the expansion of 

Federal jurisdiction over fisheries and is 

available from the office listed under 

FOR FURTHER INFORMATION CONTACT. The 

Secretaries determined that the 

expansion of Federal jurisdiction did 

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 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 rule was conducted in 

accordance with section 810. That 

evaluation also supported the 

Secretaries’ determination that the rule 

will not reach the ‘‘may significantly 

restrict’’ threshold that would require 

notice and hearings under ANILCA 

section 810(a). 

Paperwork Reduction Act 

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 

Office of Management and Budget 

(OMB) control number. This rule does 

not contain any new collections of 

information that require OMB approval. 

OMB has reviewed and approved the 

following collections of information 

associated with the subsistence 

regulations at 36 CFR part 242 and 50 

CFR part 100: Subsistence hunting and 

fishing applications, permits, and 

reports, Federal Subsistence Regional 

Advisory Council Membership 

Application/Nomination and Interview 

Forms (OMB Control No. 1018–0075 

expires January 31, 2013). 


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Federal Register / Vol. 77, No. 41 / Thursday, March 1, 2012 / Rules and Regulations 12481 

Regulatory Planning and Review 

(Executive Order 12866) 

The Office of Management and Budget 

(OMB) has determined that this rule is 

not significant and has not reviewed 

this rule under Executive Order 12866. 

OMB bases its determination upon the 

following four criteria: 

a. Whether the rule will have an 

annual effect of $100 million or more on 

the economy or adversely affect an 

economic sector, productivity, jobs, the 

environment, or other units of the 

government. 

b. Whether the rule will create 

inconsistencies with other agencies’ 

actions. 

c. Whether the rule will materially 

affect entitlements, grants, user fees, 

loan programs, or the rights and 

obligations of their recipients. 

d. Whether the rule raises novel legal 

or policy issues. 

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 

rule are already being harvested and 

consumed by the local harvester and do 

not result in an additional dollar benefit 

to the economy. Therefore, 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 rule is not a major rule. It 

does 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 does 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 

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, the 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 provides rights 

to all Federally qualified rural residents 

for the subsistence taking of wildlife, 

fish, and shellfish. However, the Board 

provides Federally recognized Tribes 

and Alaska Native Corporations an 

opportunity to consult on all 

subsistence issues. 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 Secretaries, through the Board, 

provide a variety of opportunities for 

tribal consultation: Commenting on 

proposed changes to an existing rule; 

engaging in dialogue at the 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 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 these 

regulations under the guidance of Peter 

J. Probasco 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; 

• Sandy Rabinowitch and Nancy 

Swanton, Alaska Regional Office, 

National Park Service; 

• Dr. Glenn Chen, Alaska Regional 

Office, Bureau of Indian Affairs; 

• Jerry Berg, Alaska Regional Office, 

U.S. Fish and Wildlife Service; and 

• Steve Kessler, Alaska Regional 

Office, U.S. 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. 

Regulation Promulgation 

For the reasons set forth in the 

preamble, the Federal Subsistence 

Board, under the authority at 16 U.S.C. 

3, 472, 551, 668dd, 3101–3126; 18 

U.S.C. 3551–3586; and 43 U.S.C. 1733, 

announces that the compliance date for 

the nonrural determinations for Prudhoe 

Bay, and the adjusted boundaries of the 

nonrural areas of: the Kenai Area; the 

Wasilla/Palmer Area, including Point 

McKenzie; the Homer Area, including 

Fritz Creek East (except Voznesenka) 

and the North Fork Road area; and the 

Ketchikan Area, including Saxman and 

portions of Gravina Island contained in 

36 CFR 242.23 and 50 CFR 100.23 as 

revised on May 7, 2007 (72 FR 25688) 

is delayed until either the review of the 

rural determination process and the 

rural determination findings are 

completed or 5 years, whichever comes 

first. A document announcing the 

compliance date will be published in 

the Federal Register at a later date. 


tkelley on DSK3SPTVN1PROD with RULES
12482 Federal Register / Vol. 77, No. 41 / Thursday, March 1, 2012 / Rules and Regulations 

Dated: February 23, 2012. 

Peter J. Probasco, 

Assistant Regional Director, U.S. Fish and 

Wildlife Service, Acting Chair, Federal 

Subsistence Board. 

Dated: February 16, 2012. 

Beth G. Pendleton, 

Regional Forester, USDA—Forest Service. 

[FR Doc. 2012–4786 Filed 2–29–12; 8:45 am] 

BILLING CODE 3410–11–P; 4310–55–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2010–0100; FRL–9641–8] 

Approval and Promulgation of Air 

Quality Implementation Plans; Indiana; 

Lead Ambient Air Quality Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving a request 

submitted by the Indiana Department of 

Environmental Management (IDEM) on 

November 24, 2010, to revise the 

Indiana State Implementation Plan (SIP) 

for lead (Pb) under the Clean Air Act 

(CAA). This submittal incorporates the 

National Ambient Air Quality Standards 

(NAAQS) for Pb promulgated by EPA in 

2008. 

DATES: This direct final rule will be 

effective April 30, 2012, unless EPA 

receives adverse comments by April 2, 

2012. If adverse comments are received, 

EPA will publish a timely withdrawal of 

the direct final rule in the Federal 

Register informing the public that the 

rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2010–0100 by one of the following 

methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: aburano.douglas@epa.gov. 

3. Fax: (312)408–2279. 

4. Mail: Douglas Aburano, Chief, 

Attainment Planning and Maintenance 

Section, (AR–18J), U.S. Environmental 

Protection Agency, 

77 West Jackson Boulevard, Chicago, 

Illinois 60604. 

5. Hand Delivery: Douglas Aburano, 

Chief, Attainment Planning and 

Maintenance Section (AR–18J), U.S. 

Environmental Protection Agency, 

77 West Jackson Boulevard, Chicago, 

Illinois 60604. Such deliveries are only 

accepted during the Regional Office 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. The 

Regional Office official hours of 

business are Monday through Friday, 

8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R05–OAR–2010– 

0100. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to EPA without going 

through www.regulations.gov your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Region 5, Air and Radiation Division, 

77 West Jackson Boulevard, Chicago, 

Illinois 60604. This facility is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding Federal holidays. We 

recommend that you telephone Andy 

Chang, Environmental Engineer, at (312) 

886–0258 before visiting the Region 5 

office. 

FOR FURTHER INFORMATION CONTACT: 

Andy Chang, Environmental Engineer, 

Attainment Planning and Maintenance 

Section, Air Programs Branch (AR–18J), 

U.S. Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–0258, 

chang.andy@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This supplementary information 

section is arranged as follows: 

I. Background 

A. When and why did the State make this 

submittal? 

B. Did the State hold public hearings for 

this submittal? 

II. What is EPA’s analysis of IDEM’s 

submittal? 

III. What action is EPA taking? 

IV. Statutory and Executive Order Reviews 

I. Background 

A. When and why did the State make 

this submittal? 

The November 24, 2010 submittal 

incorporates the current primary and 

secondary NAAQS for Pb, which were 

published in the Federal Register on 

November 12, 2008 (73 FR 66964) and 

codified at 40 CFR 50.16, ‘‘National 

primary and secondary ambient air 

quality standards for lead.’’ At the State 

level, these provisions became effective 

on October 24, 2010. 

IDEM submitted the revisions to EPA 

for incorporation into the Indiana SIP to 

ensure consistency between the State 

and Federal definitions of the Pb 

NAAQS, as well as in the determination 

of attainment of those NAAQS. 

B. Did the State hold public hearings for 

these submittals? 

A public hearing for the Pb NAAQS 

revision was held on June 2, 2010. No 

comments were received at this hearing. 

II. What is EPA’s analysis of IDEM’s 

submittal? 

On November 12, 2008, revisions to 

the Pb NAAQS were published in the 

Federal Register (73 FR 66964) and 

codified at 40 CFR 50.16. The primary 

(health-based) Pb NAAQS was 

strengthened to 0.15 micrograms per 

cubic meter (mg/m3), measured as a 

rolling 3-month average and evaluated 

over a 3-year period. The secondary 

(welfare-based) Pb NAAQS was revised 

to be identical to the primary Pb 

NAAQS. 

Under 40 CFR 50.16(a), ambient Pb 

concentrations are to be measured by 

either: (1) A reference method based on 

appendix G to 40 CFR part 50 

(‘‘Reference Method for the 

Determination of Lead in Suspended 


tkelley on DSK3SPTVN1PROD with RULES