50978 Federal Register / Vol. 70, No. 166 / Monday, August 29, 2005 / Rules and Regulations 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

Energy Effects 

We have analyzed this proposed rule 

under Executive Order 13211, Actions 

Concerning Regulations that 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedure; and related management 

system practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this proposed rule 

under Commandant Instruction 

M16475.lD, which guides the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have made a preliminary determination 

that there are no factors in this case that 

would limit the use of a categorical 

exclusion under section 2.B.2 of the 

Instruction. Therefore, we believe that 

this rule should be categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction, from further 

environmental documentation. This 

event establishes a safety zone; 

therefore, paragraph (34)(g) of the 

Instruction applies. 

Under figure 2–1, paragraph 34(g) of 

the Instruction, an ‘‘Environmental 

Analysis Check List’’ and ‘‘categorical 

exclusion determination’’ is not 

required under this rule. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701; 50 U.S.C. 191, 195; 33 CFR 

1.05–1(g), 6.04–1, 6.04–6, 160.5; Pub. L. 107–

295, 116 Stat. 2064; Department of Homeland 

Security Delegation No. 0170.1. 

■ 2. A new temporary section 165.T09–

115 is added as follows: 

§ 165.T09–115 Irish Festival Currach 

Races, Lake Michigan, Milwaukee, WI. 

(a) Location: The following area is a 

temporary safety zone: all waters of 

Lake Michigan within the following 

coordinates 43°02′12′′ N, 087°53′42′′ W; 

southeast to 43°02′07′′ N, 087°53′36′′ W; 

then southwest to 43°01′56′′ N, 

087°53′39′′ W, then along the shoreline 

back to the point of origin. The 

geographic coordinates are based upon 

North American Datum 1983 (NAD 83). 

(b) Effective period. This regulation is 

effective from 12 p.m. (local) until 6 

p.m. (local), on August 20 and 21, 2005. 

This zone will be enforced from 12 p.m. 

(local) until 6 p.m. (local), on August 20 

and 21, 2005. 

(c) Regulations. (1) In accordance with 

the general regulations in section 165.23 

of this part, entry into, transiting, or 

anchoring within this safety zone is 

prohibited unless authorized by the 

Captain of the Port Lake Michigan, or 

his designated on-scene representative. 

(2) This safety zone is closed to all 

vessel traffic, except as may be 

permitted by the Captain of the Port 

Lake Michigan or his designated onscene representative. 

(3) The ‘‘on-scene representative’’ of 

the Captain of the Port is any Coast 

Guard commissioned, warrant or petty 

officer who has been designated by the 

Captain of the Port to act on his behalf. 

The on-scene representative of the 

Captain of the Port will be aboard either 

a Coast Guard or Coast Guard Auxiliary 

vessel. The Captain of the Port or his 

designated on-scene representative may 

be contacted via VHF Channel 16. 

(4) Vessel operators desiring to enter 

or operate within the safety zone shall 

contact the Captain of the Port Lake 

Michigan or his on-scene representative 

to obtain permission to do so. Vessel 

operators given permission to enter or 

operate in the safety zone shall comply 

with all directions given to them by the 

Captain of the Port Lake Michigan or his 

on-scene representative. 

Dated: August 17, 2005. 

H.M. Hamilton, 

Commander, U.S. Coast Guard, Acting 

Captain of the Port Lake Michigan. 

[FR Doc. 05–17092 Filed 8–26–05; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

36 CFR Part 242 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 100 

Subsistence Management Regulations 

for Public Lands in Alaska, Subpart D; 

Seasonal Adjustments—Wildlife 

AGENCIES: Forest Service, USDA; Fish 

and Wildlife Service, Interior. 

ACTION: Seasonal adjustments. 

SUMMARY: This provides notice of the 

Federal Subsistence Board’s in-season 

management actions to protect moose 

populations in Unit 22 and caribou 

populations in Unit 9. These actions 

will provide an exception to the 

Subsistence Management Regulations 

for Public Lands in Alaska, published in 

the Federal Register on June 22, 2005. 

Those regulations established seasons, 

harvest limits, methods, and means 

relating to the taking of wildlife for 

subsistence uses during the 2005 

regulatory year. 

DATES: The closure of the fall 

subsistence caribou hunting season in 

parts of Unit 9 is effective August 10, 

2005, through September 20, 2005. The 

closure of the fall subsistence moose 

hunting season in part of Unit 22A is 

effective August 15, 2005, through 

September 30, 2005. The reduced fall 

subsistence moose hunting season in 

parts of Unit 22B and 22D is effective 

August 15, 2005, through September 30, 

2005. 

FOR FURTHER INFORMATION CONTACT: 

Thomas H. Boyd, Office of Subsistence 

Federal Register / Vol. 70, No. 166 / Monday, August 29, 2005 / Rules and Regulations 50979 

Management, U.S. Fish and Wildlife 

Service, telephone (907) 786–3888. For 

questions specific to National Forest 

System lands, contact Steve Kessler, 

Subsistence Program Manager, USDAForest Service, Alaska Region, 

telephone (907) 786–3592. 

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 in Alaska, unless the State 

of Alaska enacts and implements laws 

of general applicability that are 

consistent with ANILCA and that 

provide for the subsistence definition, 

preference, and participation specified 

in Sections 803, 804, and 805 of 

ANILCA. In December 1989, the Alaska 

Supreme Court ruled that the rural 

preference in the State subsistence 

statute violated the Alaska Constitution 

and, therefore, negated State compliance 

with ANILCA. 

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. 

The Departments administer title VIII 

through regulations at title 50, part 100 

and title 36, part 242 of the Code of 

Federal Regulations (CFR). Consistent 

with Subparts A, B, and C of these 

regulations, as revised January 8, 1999 

(64 FR 1276), the Departments 

established a Federal Subsistence Board 

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, National 

Park Service; the Alaska State Director, 

Bureau of Land Management; the Alaska 

Regional Director, Bureau of Indian 

Affairs; and the Alaska Regional 

Forester, USDA Forest Service. Through 

the Board, these agencies participate in 

the development of regulations for 

Subparts A, B, and C, which establish 

the program structure and determine 

which Alaska residents are eligible to 

take specific species for subsistence 

uses, and the annual Subpart D 

regulations, which establish seasons, 

harvest limits, and methods and means 

for subsistence take of species in 

specific areas. Subpart D regulations for 

the 2005 hunting seasons, harvest 

limits, and methods and means were 

published on June 22, 2005 (70 FR 

36268). Because this action relates to 

public lands managed by an agency or 

agencies in both the Departments of 

Agriculture and the Interior, identical 

closures and adjustments would apply 

to 36 CFR part 242 and 50 CFR part 100. 

The Alaska Department of Fish and 

Game (ADF&G), under the direction of 

the Alaska Board of Game (BOG), 

manages sport and State subsistence 

harvest on all lands throughout Alaska. 

However, on Federal lands and waters, 

the Federal Subsistence Board 

implements a subsistence priority for 

rural residents as provided by Title VIII 

of ANILCA. In providing this priority, 

the Board may, when necessary, 

preempt State harvest regulations for 

fish or wildlife on Federal lands and 

waters. 

These actions are authorized and in 

accordance with 50 CFR 100.19(d–e) 

and 36 CFR 242.19(d–e). 

Units 9C and 9E 

The Northern Alaska Peninsula 

Caribou Herd has declined since 1984, 

from a peak population of 20,000 

caribou to an estimated 1,200 caribou in 

2005. The exact reasons for the decline 

of the Northern Alaska Peninsula 

Caribou Herd are unknown, but are 

believed to be related to nutritional 

stress in the herd due to over-grazing of 

the range south of the Naknek River, 

disease, predation and poor habitat 

conditions throughout their entire 

range. This drastic population decline 

represents a conservation concern. The 

Alaska Department of Fish and Game 

has recently announced that it will not 

have a hunt in this area. 

The Federal Subsistence Board has 

also closed the fall subsistence caribou 

hunting season on Federal lands in 

Units 9C Remainder and Unit 9E on the 

Alaska Peninsula, effective Aug. 10, 

2005. 

Unit 22A 

The Federal Subsistence Board has 

closed the fall moose hunting season in 

the central portion of Unit 22A in 

Western Alaska, due to low moose 

numbers in that area. The area affected 

is that portion of Unit 22A in the 

Unalakleet drainage and all drainages 

flowing into Norton Sound north of the 

Golsovia drainage and south of the 

Tagoomenik and Shaktoolik River 

drainages. 

Recent moose surveys by the Bureau 

of Land Management and the Alaska 

Department of Fish and Game indicated 

there were approximately 123 moose in 

the area, substantially below the Alaska 

Department of Fish and Game’s 

management goal of 600 to 800 moose. 

Low numbers of yearling moose suggest 

that few moose are surviving to 

reproductive age. The combination of 

low moose density, a declining 

population trend and low numbers of 

yearling moose require eliminating the 

human harvest to allow for conservation 

of the herd. 

The closure aligns Federal subsistence 

hunting regulations with the State’s 

closure of the moose hunting season in 

the central portion of Unit 22A. 

Unit 22B and 22D 

The Federal Subsistence Board has 

shortened the fall subsistence moose 

hunting season on Federal lands in Unit 

22D and in Unit 22B west of the Darby 

Mountains in the Nome area. The new 

season dates are Sept. 1 through Sept. 

14. This action is being taken to reduce 

hunting pressure, due to serious 

concerns about declines in the moose 

population in the area. The change 

establishes a uniform season in all hunt 

areas adjacent to the Nome road system 

and is intended to reduce the chances 

of over harvest. The Board’s action 

follows similar action taken by the 

Alaska Department of Fish and Game 

through Emergency Order No. 05–02–

05. 

The area affected in Unit 22D is 

within the Kougarok, Kuzitrin and 

Pilgrim river drainages and west of the 

Tisuk river drainage and Canyon Creek. 

The harvest limit in both Unit 22D and 

22B west of the Darby Mountains 

remains 1 bull. The change also requires 

that hunters must have a State 

registration permit. 

The Board finds that additional public 

notice and comment requirements 

under the Administrative Procedure Act 

(APA) for these adjustments are 

impracticable, unnecessary, and 

contrary to the public interest. Lack of 

appropriate and immediate conservation 

measures could seriously affect the 

continued viability of fish populations, 

could 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)(3)(B) to 

waive additional public notice and 

comment procedures prior to 

implementation of these actions and 

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

this rule effective as indicated in the 

DATES section. 

50980 Federal Register / Vol. 70, No. 166 / Monday, August 29, 2005 / Rules and Regulations 

Conformance With Statutory and 

Regulatory Authorities 

National Environmental Policy Act 

A Final Environmental Impact 

Statement (FEIS) was published on 

February 28, 1992, and a Record of 

Decision on Subsistence Management 

for Federal Public Lands in Alaska 

(ROD) was signed April 6, 1992. The 

final rule for Subsistence Management 

Regulations for Public Lands in Alaska, 

Subparts A, B, and C (57 FR 22940, 

published May 29, 1992), implemented 

the Federal Subsistence Management 

Program and included a framework for 

an annual cycle for subsistence hunting 

and fishing regulations. A final rule that 

redefined the jurisdiction of the Federal 

Subsistence Management Program to 

include waters subject to the 

subsistence priority was published on 

January 8, 1999 (64 FR 1276.) 

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 appeared in the April 6, 

1992, ROD, which concluded that the 

Federal Subsistence Management 

Program, under Alternative IV with an 

annual process for setting hunting and 

fishing regulations, may have some local 

impacts on subsistence uses, but the 

program is not likely to significantly 

restrict subsistence uses. 

Paperwork Reduction Act 

The adjustment and emergency 

closures do not contain information 

collection requirements subject to Office 

of Management and Budget (OMB) 

approval under the Paperwork 

Reduction Act of 1995. 

Other Requirements 

The adjustments have been exempted 

from 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 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 

economic effect (both positive and 

negative) on a small number of small 

entities supporting subsistence 

activities, such as sporting goods 

dealers. The number of small entities 

affected is unknown; however, the 

effects will be seasonally and 

geographically limited in nature and 

will likely not be significant. The 

Departments certify that the adjustments 

will not have a significant economic 

effect on a substantial number of small 

entities within the meaning of the 

Regulatory Flexibility 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. 

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, the 

adjustments 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 Reform Act, 2 U.S.C. 1502 et 

seq., that the adjustments will not 

impose a cost of $100 million or more 

in any given year on local or State 

governments or private entities. The 

implementation is by Federal agencies, 

and no cost is involved to any State or 

local entities or Tribal governments. 

The Service has determined that the 

adjustments meet the applicable 

standards provided in Sections 3(a) and 

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

regarding civil justice reform. 

In accordance with Executive Order 

13132, the adjustments do 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. Cooperative salmon run 

assessment efforts with ADF&G will 

continue. 

In accordance with the President’s 

memorandum of April 29, 1994, 

‘‘Government-to-Government Relations 

with Native American Tribal 

Governments’’ (59 FR 22951), Executive 

Order 13175, and 512 DM 2, we have 

evaluated possible effects on Federally 

recognized Indian tribes and have 

determined that there are no effects. The 

Bureau of Indian Affairs is a 

participating agency in this rulemaking. 

On May 18, 2001, the President issued 

Executive Order 13211 on regulations 

that significantly affect energy supply, 

distribution, or use. This Executive 

Order requires agencies to prepare 

Statements of Energy Effects when 

undertaking certain actions. As these 

actions are not expected to significantly 

affect energy supply, distribution, or 

use, they are not significant energy 

actions and no Statement of Energy 

Effects is required. 

Drafting Information 

Bill Knauer drafted this document 

under the guidance of Thomas H. Boyd, 

of the Office of Subsistence 

Management, Alaska Regional Office, 

U.S. Fish and Wildlife Service, 

Anchorage, Alaska. Taylor Brelsford, 

Alaska State Office, Bureau of Land 

Management; Greg Bos, Alaska Regional 

Office, U.S. Fish and Wildlife Service; 

Sandy Rabinowitch, Alaska Regional 

Office, National Park Service; Warren 

Eastland, Alaska Regional Office, 

Bureau of Indian Affairs; and Steve 

Kessler, USDA-Forest Service, provided 

additional guidance. 

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

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

1733. 

Dated: August 4, 2005. 

Thomas H. Boyd, 

Acting Chair, Federal Subsistence Board. 

Dated: August 4, 2005. 

Steve Kessler, 

Subsistence Program Leader, USDA-Forest 

Service. 

[FR Doc. 05–17075 Filed 8–26–05; 8:45 am] 

BILLING CODE 3410–11–P; 4310–55–P 

NATIONAL ARCHIVES AND RECORDS 

ADMINISTRATION 

36 CFR Part 1228 

RIN 3095–AB31 

Records Center Facility Standards 

AGENCY: National Archives and Records 

Administration (NARA). 

ACTION: Final rule. 

SUMMARY: This final rule modifies 

NARA facility standards for records 

storage facilities that house Federal 

records to clarify requirements relating 

to design or certification of multiple 

story facilities and fire detection and 

protection systems; to revise certain 

requirements relating to fire-ratings of 

roofs, building columns, and fire barrier 

walls; and to clarify the application of