6922 Federal Register / Vol. 90, No. 12 / Tuesday, January 21, 2025 / Proposed Rules 

requestor with an accessible format that 

may include Rich Text Format (RTF) or 

text format (txt), a thumb drive, an MP3 

file, braille, large print, audiotape, or 

compact disc, or other accessible format. 

Electronic Access to This Document: 

The official version of this document is 

the document published in the Federal 

Register. You may access the official 

edition of the Federal Register and the 

Code of Federal Regulations at 

www.govinfo.gov. At this site you can 

view this document, as well as all 

Department documents published in the 

Federal Register, in text or Portable 

Document Format (PDF). To use PDF 

you must have Adobe Acrobat Reader, 

which is available free at the site. 

You may also access Department 

documents published in the Federal 

Register by using the article search 

feature at www.federalregister.gov. 

Specifically, through the advanced 

search feature at this site, you can limit 

your search to documents published by 

the Department. 

Glenna Wright-Gallo, 

Assistant Secretary for Special Education and 

Rehabilitative Services. 

[FR Doc. 2025–00985 Filed 1–17–25; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

36 CFR Part 242 

DEPARTMENT OF THE INTERIOR 

Office of Subsistence Management 

50 CFR Part 100 

[Docket No. DOI–2024–0011; 256D0102DM 

DS61900000 DMSN00000.000000 DX61901] 

RIN 1090–AB29 

Subsistence Management Regulations 

for Public Lands in Alaska—2026–27 

and 2027–28 Subsistence Taking of 

Wildlife Regulations 

AGENCY: Forest Service, Agriculture; 

Office of Subsistence Management, 

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 

2026–27 and 2027–28 regulatory years. 

The Federal Subsistence Board 

(hereafter referred to as ‘‘the Board’’) is 

on a schedule of completing the process 

of revising subsistence taking of wildlife 

regulations in even-numbered years and 

subsistence taking of fish and shellfish 

regulations in odd-numbered years; 

public proposal and review processes 

take place during the preceding year. 

The Board also addresses customary and 

traditional use determinations during 

the applicable cycle. When final, the 

resulting rulemaking will replace the 

existing subsistence wildlife taking 

regulations. This proposed rule could 

also amend the general regulations on 

subsistence taking of fish and wildlife. 

DATES: Public meetings: The Federal 

Subsistence Regional Advisory Councils 

(hereafter referred to as ‘‘the Councils’’) 

will receive comments and make 

proposals to change this proposed rule 

during public meetings held between 

February 18, 2025, and April 2, 2025. 

The Councils will hold another round of 

public meetings to discuss and receive 

comments on the proposals and make 

recommendations on the proposals to 

the Board on several dates between 

September 16, 2025, and October 30, 

2025 (see Alaska Subsistence Regional 

Advisory Council Meetings for 2025; 89 

FR 63962; August 06, 2024). The Board 

will discuss and evaluate proposed 

regulatory changes during a public 

meeting in Anchorage, Alaska, in April 

2026. 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 

April 4, 2025. 

ADDRESSES: 

Public meetings: The Board and the 

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: https://

www.regulations.gov. In the Search box, 

enter Docket number DOI–2024–0011. 

Then, click on the Search button. On the 

resulting page, in the Search panel on 

the left side of the screen, under the 

Document Type heading, check the 

Proposed Rule box to locate this 

document. You may submit a comment 

by clicking on ‘‘Comment.’’ 

By hard copy: Submit by U.S. mail or 

hand delivery: Regulations, Attn: DOI– 

2024–0011; Office of Subsistence 

Management; 1011 E Tudor Road M/S 

121, Anchorage AK 99503. If in-person 

Council meetings are held, you may also 

deliver a hard copy to the Designated 

Federal Official attending any of the 

Councils’ 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 

Office of Subsistence Management, 

Attention: Crystal Leonetti, Director; 

(907) 786–3888 or subsistence@

ios.doi.gov. For questions specific to 

National Forest System lands, contact 

Gregory Risdahl, Regional Subsistence 

Program Leader, USDA, Forest Service, 

Alaska Region; (907) 302–7354 or 

gregory.risdahl@usda.gov. In 

compliance with the Providing 

Accountability Through Transparency 

Act of 2023, please see Docket No. DOI– 

2024–0011 on https://

www.regulations.gov for a document 

that summarizes this proposed rule. 

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 

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 

242.1–28 and 50 CFR 100.1–28, 

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 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 90, No. 12 / Tuesday, January 21, 2025 / Proposed Rules 6923 

CFR as shown in the following example: 

§ __.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 (hereafter 

referred to as ‘‘the Board’’) to administer 

the Program. The Board comprises: 

• A Chair appointed by the Secretary 

of the Interior with concurrence of the 

Secretary of Agriculture; 

• Five public members appointed by 

the Secretary of the Interior with 

concurrence of the Secretary of 

Agriculture; 

• The Alaska Regional Director, 

Bureau of Indian Affairs; 

• The Alaska State Director, Bureau 

of Land Management; 

• The Alaska Regional Director, 

National Park Service; 

• The Alaska Regional Director, U.S. 

Fish and Wildlife Service; and 

• The Alaska Regional Forester, U.S. 

Forest Service. 

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 seasons, limits, and other 

harvest parameters and requirements. 

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 Councils have a substantial role 

in reviewing this proposed rule and 

making recommendations for the final 

rule. The Board, through the Councils, 

will hold public meetings in person and 

via teleconference on this proposed rule 

at the following locations in Alaska, on 

the following dates: 

TABLE 1—WINTER 2025 MEETINGS OF THE FEDERAL SUBSISTENCE REGIONAL ADVISORY COUNCILS

Regional Advisory Council Dates Location 

Southeast Alaska—Region 1 .................................... March 18–20 ............................................................ Sitka. 

Southcentral Alaska–Region 2 .................................. March 12–13 ............................................................ Cordova. 

Kodiak/Aleutians—Region 3 ...................................... March 6–7 ................................................................ Kodiak. 

Bristol Bay—Region 4 ............................................... February 18–19 ........................................................ Naknek. 

Yukon-Kuskokwim Delta—Region 5 .......................... March 4–5 ................................................................ Bethel. 

Western Interior—Region 6 ....................................... February 25–26 ........................................................ Fairbanks. 

Seward Peninsula—Region 7 ................................... April 1–2 ................................................................... Nome. 

Northwest Arctic—Region 8 ...................................... March 27–28 ............................................................ Kotzebue. 

Eastern Interior—Region 9 ........................................ February 19–20 ........................................................ Fairbanks. 

North Slope—Region 10 ........................................... February 27–28 ........................................................ Utqiagvik. 

During April 2025, 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, 

which will be announced in statewide 

newspaper and radio ads and posted to 

the Program web page and social media. 

The Board, through the Councils, will 

hold a second series of public meetings 

or teleconference meetings in September 

through October 2025, to receive 

comments on specific proposals and to 

develop recommendations to the Board 

on the following dates: 

TABLE 1—FALL 2025 MEETINGS OF THE FEDERAL SUBSISTENCE REGIONAL ADVISORY COUNCILS

Regional Advisory Council Dates Location 

Southeast Alaska—Region 1 .................................... October 21–23 ......................................................... Wrangell. 

Southcentral Alaska–Region 2 .................................. October 14–15 ......................................................... Anchorage. 

Kodiak/Aleutians—Region 3 ...................................... September 17–18 .................................................... TBD. 

Bristol Bay—Region 4 ............................................... October 29–30 ......................................................... Dillingham. 

Yukon-Kuskokwim Delta—Region 5 .......................... October 21–23 ......................................................... TBD. 

Western Interior—Region 6 ....................................... October 7–8 ............................................................. Fairbanks. 

Seward Peninsula—Region 7 ................................... October 14–15 ......................................................... Nome. 

Northwest Arctic—Region 8 ...................................... October 27–28 ......................................................... Kotzebue. 

Eastern Interior—Region 9 ........................................ October 8–10 ........................................................... Tok. 

North Slope—Region 10 ........................................... September 16–17 .................................................... Utqiagvik. 

A public notice of specific dates, 

times, call-in number(s), and how to 

participate and provide public 

testimony will be published in local and 

statewide newspapers, announced in 

radio ads, and posted to the Program 

web page and social media at least 2 

weeks prior to each meeting. The 

amount of work on each Council’s 

agenda determines the length of each 

Council’s meeting, but typically the 

meetings are scheduled to last 2 days. 

Occasionally a Council will lack 

information necessary during a 

scheduled meeting to make a 

recommendation to the Board or to 

provide comments on other matters 

affecting subsistence in the region. If 

this situation occurs, the Council may 

announce on the record a later 

teleconference to address the specific 


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6924 Federal Register / Vol. 90, No. 12 / Tuesday, January 21, 2025 / Proposed Rules 

issue when the requested information or 

data is available; it is noted that any 

follow-up teleconference would be an 

exception and must be approved, in 

advance, by the Director of 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, newspaper, Program 

web page, 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 2026. The 

Council Chairs, or their designated 

representatives, will present their 

respective Councils’ recommendations 

at the Board meeting. Additional oral 

testimony may be provided on specific 

proposals before the Board at that time. 

At that public meeting, the Board will 

deliberate and take final action on 

proposals received that request changes 

to this proposed rule. 

Proposals to the Board to modify the 

general fish and wildlife regulations, 

wildlife harvest regulations, and 

customary and traditional use 

determinations must include the 

following information: 

a. Name, address, and telephone 

number of the requestor; 

b. Each section and/or paragraph 

designation in the current regulations 

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 will immediately reject 

proposals that fail to include the above 

information, or proposals that are 

beyond the scope of authorities in 

§ ll.24, subpart C (the regulations 

governing customary and traditional use 

determinations) and § ll.25 and 

ll.26 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 2026 

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. DOI–2024–0011, or by appointment, 

provided no public health or safety 

restrictions are in effect, between 8 a.m. 

and 3 p.m., Monday through Friday, 

except Federal holidays, at: Office of 

Subsistence Management, 1011 East 

Tudor Road, Anchorage, AK 99503. 

Reasonable Accommodations 

The 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 Robbin 

LaVine, 907–786–3888, subsistence@

ios.doi.gov, or 800–877–8339 (TTY), 7 

business days prior to the meeting you 

would like to attend. 

Tribal Consultation and Comment 

As expressed in Executive Order 

13175, ‘‘Consultation and Coordination 

with Indian Tribal Governments,’’ the 

Federal officials that have been 

delegated authority by the Secretaries 

are committed to honoring the unique 

government-to-government political 

relationship that exists between the 

Federal Government and federally 

recognized Indian Tribes (herein after 

referred to as ‘‘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 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 Board 

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 2026–27 and 2027–28 

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 

preceding year. The Board also 

addresses customary and traditional use 

determinations during the applicable 

cycle. Nonrural determinations are 


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taken up during every other fish and 

shellfish cycle, beginning in 2018. 

Based on Board policy, the Board 

reviews each closure to the take of fish/ 

shellfish and wildlife every 4 years, 

during each applicable cycle. The 

following table lists the current closures 

being reviewed for this cycle. In 

reviewing a closure, the Board may 

maintain, modify, or rescind the 

closure. If a closure is rescinded, the 

existing regulations apply, or if no 

regulations are in place, any changes to 

or the establishment of seasons, 

methods and means, and harvest limits 

must go through the full public review 

process. The public is encouraged to 

comment on these closures, and anyone 

recommending a regulatory change 

outside the scope of a closure review 

(i.e., a change not directly affecting the 

closure) should submit a regulatory 

proposal. 

TABLE 3—WILDLIFE CLOSURES TO BE REVIEWED BY THE FEDERAL SUBSISTENCE BOARD FOR THE 2026–2027 AND

2027–2028 REGULATORY YEARS

Unit and area descriptor Species Closure 

2 ...................................................................................................... Deer ......... Closed from Aug. 1–15 to non-federally qualified users. Nonfederally qualified users may only harvest up to two bucks. 

5A, except Nunatak Bench, east of the Dangerous River ............. Moose ...... Closed from Sept. 16–30 to non-federally qualified users. 

5A, except Nunatak Bench, west of the Dangerous River ............ Moose ...... Closed from Oct. 8–21 to non-federally qualified users. 

9C, draining into the Naknek River from the South ....................... Moose ...... Closed from Dec. 1–31 to non-federally qualified users. 

17A, 17C, Nushagak Peninsula ..................................................... Caribou .... Closed to non-federally qualified users unless the population 

estimate exceeds 900 caribou. 

22A, North ...................................................................................... Moose ...... Closed from Sep. 21–Aug. 31 to non-federally qualified users. 

22A, Unalakleet .............................................................................. Moose ...... Closed to non-federally qualified users. 

22A remainder ................................................................................ Moose ...... Closed from Oct. 1–Aug. 31 to non-federally qualified users. 

22B, west of the Darby Mountains ................................................. Moose ...... Closed to non-federally qualified users during fall season. 

22B, west of the Darby Mountains ................................................. Moose ...... Closed except by residents of White Mountain and Golovin during the winter season. 

22D, Kougarok, Kuzitrin, and Pilgrim River drainages .................. Moose ...... Closed except by residents of Units 22C and 22D. 

22D, west of Tisuk River drainage and Canyon Creek ................. Moose ...... Closed except by residents of Units 22C and 22D. 

22D remainder ................................................................................ Moose ...... Closed to non-federally qualified users. 

22E ................................................................................................. Moose ...... Closed to non-federally qualified users. 

23, Baird Mountains ....................................................................... Sheep ...... Closed to non-federally qualified users. 

23, Noatak River corridor, Squirrel, Eli, and Agashashok River 

drainages.

Caribou .... Closed to non-federally qualified users. 

25D west ........................................................................................ Moose ...... Closed except by residents of Unit 25D west and Birch Creek. 

26C ................................................................................................. Muskox .... Closed to non-federally qualified users. 

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: 

• § __.24: customary and traditional 

use determinations; 

• § __.25: general provisions 

governing the subsistence take of 

wildlife, fish, and shellfish; and 

• § __.26: specific provisions 

governing the subsistence take of 

wildlife. 

As such, the text of the proposed 

2026–2028 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 

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 2024–2026 regulatory period for 

wildlife (89 FR 70358, August 29, 2024). 

The text of the proposed amendments 

to 36 CFR 242.25 and 50 CFR 100.25 is 

the final rule for the 2022–2024 

regulatory period for wildlife (87 FR 

44858; July 26, 2022). 

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 


ddrumheller on DSK120RN23PROD with PROPOSALS1
6926 Federal Register / Vol. 90, No. 12 / Tuesday, January 21, 2025 / Proposed Rules 

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 of 1995 (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, with 

an expiration date of November 30, 

2027. 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, or impact 

on the economy. Therefore, 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. 

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 

Title VIII of ANILCA does not provide 

specific rights to Tribes for the 

subsistence taking of wildlife, fish, and 

shellfish. However, as described above 

under Tribal Consultation and 

Comment, the Secretaries, through the 

Board, will provide federally recognized 

Tribes and Alaska Native corporations 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 

Justin Koller drafted this proposed 

rule under the guidance of Crystal 

Leonetti of the Office of Subsistence 

Management, Department of the 

Interior, Office of the Assistant 

Secretary for Policy, Management, and 

Budget, Anchorage, Alaska. Additional 

assistance was provided by: 

• Chris McKee, Alaska State Office, 

Bureau of Land Management; 

• Eva Patton, Alaska Regional Office, 

National Park Service; 

• Dr. Glenn Chen, Alaska Regional 

Office, Bureau of Indian Affairs; 

• Jill Klein, Alaska Regional Office, 

U.S. Fish and Wildlife Service; and 

• Gregory Risdahl, 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 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 90, No. 12 / Tuesday, January 21, 2025 / Proposed Rules 6927 

1Petition of the United States Postal Service to 

Initiate a Proceeding to Change Analytical 

Principles and Notice of Filing Non-Public 

Materials, December 19, 2024 (Petition). The 

proposed change is attached to the Petition 

(Proposal). 

2 Id. at 1–2 (citing Docket No. RM2020–1, Order 

on Analytical Principles Used in Periodic Reporting 

(Proposal Nine), August 17, 2020 (Order No. 5637)). 

3 Id. (citing Docket No. RM2022–1, Notice and 

Order of Proposed Rulemaking on Periodic 

Reporting, October 8, 2021 (Order No. 6004); Docket 

No. RM2022–1, Initial Comments of the United 

States Postal Service, March 25, 2022, at 10). 

4 Id. at 10, 13. The Postal Service states that a 

more comprehensive version of Table 3, which 

includes disaggregated rows for individual 

Competitive Products, is provided under seal. Id. at 

11. 

242 and 50 CFR part 100 for the 2026– 

27 and 2027–28 regulatory years: 

Proposed amendments to 36 CFR 

242.24 and 242.26 and 50 CFR 100.24 

and 100.26 last amended by the final 

rule for the 2024–2026 regulatory period 

for wildlife (89 FR 70358, August 29, 

2024). 

Proposed amendments to 36 CFR 

242.25 and 50 CFR 100.25 last amended 

by the final rule for the 2022–2024 

regulatory period for wildlife (87 FR 

44858; July 26, 2022). 

Crystal Leonetti, 

Director, DOI—Office of Subsistence 

Management. 

Gregory Risdahl, 

Subsistence Program Leader, USDA–Forest 

Service. 

[FR Doc. 2025–00434 Filed 1–17–25; 8:45 am] 

BILLING CODE 3411–15–P; 4334–13–P 

POSTAL REGULATORY COMMISSION 

39 CFR Part 3050 

[Docket No. RM2025–6; Order No. 8459] 

Periodic Reporting 

AGENCY: Postal Regulatory Commission. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Commission is 

acknowledging a recent Postal Service 

filing requesting the Commission 

initiate a rulemaking proceeding to 

consider changes to analytical 

principles relating to periodic reports. 

This document informs the public of the 

filing, invites public comment, and 

takes other administrative steps. 

DATES: Comments are due: February 27, 

2025. 

ADDRESSES: Submit comments 

electronically via the Commission’s 

Filing Online system at http://

www.prc.gov. Those who cannot submit 

comments electronically should contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section by 

telephone for advice on filing 

alternatives. 

FOR FURTHER INFORMATION CONTACT: 

David A. Trissell, General Counsel, at 

202–789–6820. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Introduction 

II. Proposal 

III. Notice and Comment 

IV. Information Request 

V. Ordering Paragraphs 

I. Introduction 

On December 19, 2024, the Postal 

Service filed a petition pursuant to 39 

CFR 3050.11 requesting that the 

Commission initiate a rulemaking 

proceeding to consider changes to 

analytical principles relating to periodic 

reports.1 The Petition presents an 

updated facility rental analysis used to 

distribute space provision costs to 

individual products in the Annual 

Compliance Report. Petition at 1. 

II. Proposal 

Background. The Postal Service 

explains that the recent facility rental 

analysis, which was completed in 1992, 

was based on Facility Management 

System (FMS) data. Id. Proposal at 1 

(citing Docket No. R94–1, USPS LR–G– 

120, Section IV.). This analysis relied on 

a sampling approach to estimate rental 

values for 18 facility groupings over a 

study period of November 30, 1981, to 

November 30, 1991. Petition, Proposal 

at 2. The Postal Service notes that the 

adjusted results from this analysis were 

last used to distribute space provision 

costs in Docket No. ACR2023, Library 

Reference USPS–FY23–8. Id. at 1. The 

Postal Service explains that there are 

two analyses in the facility portion of 

Library Reference USPS–FY23–8. Id. 

The first consists of the results from 

an updated Facility Space Usage Study 

(FSUS), which was approved by the 

Commission via Proposal Nine in 

August 2020.2 The results from that 

analysis are used to distribute both 

space support and space provision 

costs. Petition, Proposal at 2. 

The second analysis concerns rental 

costs and was listed as a near-term 

study in response to the Commission’s 

request for possible data 

improvements.3 The results from this 

analysis are used to distribute the space 

provision costs only. Petition, Proposal 

at 2. The Postal Service identifies the 

affected cost segments in Table 1. Id. 

The Postal Service identifies three key 

limitations of the 1992 rental value 

analysis. Id. at 4–5. First, the Postal 

Service observes the apparent absence 

of a definitive source for nationwide cap 

rates, which are used to evaluate real 

estate investments that can be 

calculated by dividing the net income 

from a property (i.e., rent) by its current 

market value. Id. at 4. Second, the Postal 

Service notes that the FMS ‘‘building 

cost’’ (construction costs for the facility 

at the time the facility was built or the 

acquisition costs at the time the facility 

was acquired) and ‘‘land cost’’ 

(purchase price for the land at the time 

the property was acquired) fields 

contain cost data that were incurred at 

different points in time. Id. at 4–5. 

Third, the Postal Service explains that 

the definition of ‘‘new’’ buildings 

covered a 10-year period (over which 

fair market value can change 

significantly) and that ‘‘new owned’’ 

data were used to impute rental values 

for ‘‘old owned’’ facilities and were 

applied to all ‘‘old’’ properties even 

though some facilities were decades 

older than other facilities. Id. at 5. 

Proposal. Based on the discussion 

above, the Postal Service states that it 

proposes a simplified and more 

representative analysis in which the 

rental cost distribution by operation and 

function is estimated using Fiscal Year 

(FY) 2019 eFMS rental cost data for all 

active facilities included in Proposal 

Nine. Id. This proposal does not use 

sampling methods. Id. The Postal 

Service describes the proposed data 

sources, organization of the inputs and 

outputs, methodology, and 

modifications to the facility file 

appearing in Library Reference USPS– 

FY23–8. Id. at 6–10. 

Impact. The Postal Service asserts that 

using postal data rather than sampling 

would mean that ‘‘subjective inputs, 

such as capitalization rates and rent 

change factors, are no longer needed.’’ 

Id. at 1. The Postal Service contends 

that its proposal would ‘‘more 

accurately represent[ ] market value 

rental rates for each operation and 

function.’’ Id. at 10. The Postal Service 

states that the ‘‘previous methodology 

may have overstated the market value 

rental rates for plants . . . .’’ Id. The 

Postal Service presents Table 2, which 

summarizes the 2019 rental cost 

distribution by operation and function 

(component) that would be generated by 

adopting the proposal. Id. at 10, 12. The 

Postal Service presents Table 3, which 

summarizes the impact that applying 

this proposal would have had on the 

overall (i.e., across all cost segments) 

volume-variable and product-specific 

costs for each product in FY 2023.4

Under the proposal, the Postal Service 

estimates that attributable costs for 

Market Dominant products and 

Competitive products would decrease 


ddrumheller on DSK120RN23PROD with PROPOSALS1