Federal Register / Vol. 70, No. 166 / Monday, August 29, 2005 / Proposed Rules 50999 

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 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This proposed 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 concluded 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, this 

rule is categorically excluded, under 

figure 2–1, paragraph (34)(h), of the 

Instruction, from further environmental 

documentation. Special local 

regulations issued in conjunction with a 

regatta or marine parade permit are 

specifically excluded from further 

analysis and documentation under that 

section. 

Under figure 2–1, paragraph (34)(h), 

of the Instruction, an ‘‘Environmental 

Analysis Check List’’ and a ‘‘Categorical 

Exclusion Determination’’ are not 

required for this rule. Comments on this 

section will be considered before we 

make the final decision on whether to 

categorically exclude this rule from 

further environmental review. 

List of Subjects in 33 CFR Part 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

1. The authority citation for part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233; Department of 

Homeland Security Delegation No. 0170.1. 

2. Add a temporary § 100.35–T05–105 

to read as follows: 

§ 100.35–T05–105 Choptank River, 

Cambridge, MD. 

(a) Regulated area. The regulated area 

includes all waters of the Choptank 

River within 200 yards either side of a 

line drawn northwesterly from a point 

on the shoreline at latitude 38°33′45′′ N, 

076°02′38′′ W, thence to latitude 

38°35′06′′ N, 076°04′42′′ W, a position 

located at Great Marsh Park, Cambridge, 

MD. All coordinates reference Datum 

NAD 1983. 

(b) Definitions. (1) Coast Guard Patrol 

Commander means a commissioned, 

warrant, or petty officer of the Coast 

Guard who has been designated by the 

Commander, Coast Guard Sector 

Baltimore. 

(2) Official Patrol means any vessel 

assigned or approved by Commander, 

Coast Guard Sector Baltimore with a 

commissioned, warrant, or petty officer 

on board and displaying a Coast Guard 

ensign. 

(3) Participant includes all persons 

participating in the Chesapeakeman 

Ultra Triathlon swim under the auspices 

of the Marine Event Permit issued to the 

event sponsor and approved by 

Commander, Coast Guard Sector 

Baltimore. 

(c) Special local regulations. (1) 

Except for event participants and 

persons or vessels authorized by the 

Coast Guard Patrol Commander, no 

person or vessel may enter or remain in 

the regulated area. 

(2) The operator of any vessel in the 

regulated area must: 

(i) Stop the vessel immediately when 

directed to do so by any Official Patrol 

and then proceed only as directed. 

(ii) All persons and vessels shall 

comply with the instructions of the 

Official Patrol. 

(iii) When authorized to transit the 

regulated area, all vessels shall proceed 

at the minimum speed necessary to 

maintain a safe course that minimizes 

wake near the swim course. 

(d) Effective period. This section will 

be effective from 6:30 a.m. to 10:30 a.m. 

on October 1, 2005. 

Dated: August 18, 2005. 

L.L. Hereth, 

Rear Admiral, U.S. Coast Guard, Commander, 

Fifth Coast Guard District. 

[FR Doc. 05–17087 Filed 8–26–05; 8:45 am] 

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DEPARTMENT OF AGRICULTURE 

Forest Service 

36 CFR Part 242 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 100 

RIN 1018–AT81 

Subsistence Management Regulations 

for Public Lands in Alaska, Subpart A 

AGENCIES: Forest Service, Agriculture; 

Fish and Wildlife Service, Interior. 

ACTION: Proposed Rule: Notice of 

availability of supplemental information 

and reopening of the comment period. 

SUMMARY: On December 8, 2004, we, the 

Federal Subsistence Board, published a 

proposed rule to revise and clarify the 

jurisdiction of the Federal Subsistence 

Management Program in coastal areas in 

southwestern Alaska. This rulemaking 

is necessary in order to exclude 

numerous saltwater embayments within 

National Wildlife Refuge boundaries 

that were never intended to fall under 

the jurisdiction of the Federal 

Subsistence Management Program. We 

are now reopening the comment period 

for this rulemaking action because of 

newly available maps of the specific 

embayments in southwestern Alaska to 

be excluded from the jurisdiction of the 

Federal Subsistence Management 

Program. If you have already 

commented on the proposed rule and 

have no additional comments to make 

as a result of viewing the newly 

available maps, then you do not need to 

resubmit your comment(s), as they will 

51000 Federal Register / Vol. 70, No. 166 / Monday, August 29, 2005 / Proposed Rules 

be fully considered in the final 

determination. 

DATES: We must receive your written 

public comments on this proposed rule 

no later than October 21, 2005. 

ADDRESSES: Please submit comments 

electronically to Subsistence@fws.gov. 

See ‘‘Viewing Documents’’ and ‘‘Public 

Comment’’ under SUPPLEMENTARY

INFORMATION for information about 

viewing the maps and electronic filing 

of your comments. You may also submit 

written comments to the Office of 

Subsistence Management, 3601 C Street, 

Suite 1030, Anchorage, Alaska 99503. 

FOR FURTHER INFORMATION CONTACT: 

Chair, Federal Subsistence Board, c/o 

U.S. Fish and Wildlife Service, 

Attention: Thomas H. Boyd, Office of 

Subsistence Management; (907) 786–

3888. For questions specific to National 

Forest System lands, contact Steve 

Kessler, Regional Subsistence Program 

Leader, USDA, Forest Service, Alaska 

Region, (907) 786–3888. 

SUPPLEMENTARY INFORMATION: 

Background 

Federal Subsistence Management 

Regulations (50 CFR 100.3 and 36 CFR 

242.3) currently specify that they apply 

on ‘‘all navigable and non-navigable 

waters within the exterior boundaries 

***’’ of the parks, refuges, forests, 

conservation areas, recreation areas, and 

Wild and Scenic Rivers. This includes, 

within National Wildlife Refuge 

boundaries, hundreds of thousands of 

acres of saltwater embayments that were 

not withdrawn prior to Statehood and 

thus where the current regulations exert 

jurisdiction. During the early 

interagency discussions relative to 

inclusion of fisheries management in 

the Federal Subsistence Management 

Program, there does not appear to have 

been any intention to specifically 

extend Federal jurisdiction to various 

embayments where there was no preStatehood withdrawal of submerged 

lands and waters. 

On December 8, 2004, the Secretary of 

the Interior and the Secretary of 

Agriculture published a proposed rule 

in the Federal Register (69 FR 70940) 

that, if finalized, would revise and 

clarify the jurisdiction of the Federal 

Subsistence Management Program in 

coastal areas of southwestern Alaska to 

exclude those various embayments 

where there was no pre-Statehood 

withdrawal of submerged lands and 

waters. During the comment period, 

which closed originally on January 24, 

2005, and was extended until April 1, 

2005, one commenter indicated that in 

order to make meaningful comments, 

the public needed to know which 

specific bays would be affected and 

needed access to maps of the affected 

areas. We agree and are making maps 

available for review and are reopening 

the comment period to accept comments 

on the maps as well as on the proposed 

rule (69 FR 70940). 

Areas To Be Excluded From Federal 

Subsistence Management Program 

Jurisdiction 

Under the proposed rule, all of the 

following areas have been identified for 

exclusion from jurisdiction under the 

Federal Subsistence Management 

Program. Maps are now available for 

these areas. 

Within the Alaska Peninsula or 

Izembek National Wildlife Refuge 

boundaries: 

Wide Bay 

Agripina Bay 

Kujulik Bay 

Chignik Lagoon, including Mallard 

Duck Bay and Schooner Bay 

Mud Bay 

Anchorage Bay 

Lake Bay 

Castle Bay 

Warner Bay, including Ross Cove 

Devils Bay 

Kuiukta Bay, including Portage Bay, 

Windy Bay, Foot Bay, Fishhook Bay, 

and Herring Lagoon 

Mitrofania Bay, including Fishrack Bay 

Ivanof Bay 

Boulder Bay 

Fox Bay 

American Bay 

Albatross Anchorage 

Pavlof Bay, including Canoe Bay, 

Jackson Lagoon, and Chinaman 

Lagoon 

Long John Lagoon 

Dushkin Lagoon 

Bear Bay 

Cold Bay, including Lenard Harbor, 

Nurse Lagoon, and Kinzarof Lagoon 

Morzhovoi Bay, including Littlejohn 

Lagoon 

Traders Cove 

Bechevin Bay, including Hotsprings Bay 

Herendeen Bay, including Mine Harbor 

Port Moller, including Mud Bay, Right 

Head, and Left Head 

Within Togiak National Wildlife 

Refuge boundaries: 

Tvativak Bay 

Kulukak Bay 

Metervik Bay 

Within the Yukon Delta National 

Wildlife Refuge boundaries: 

Kangirlvar Bay, including Toksook Bay 

Hazen Bay 

Hooper Bay 

Kokechik Bay 

Viewing Documents 

To view maps, go to the Office of 

Subsistence Management Web site at 

http://alaska.fws.gov/asm/home.html. If 

you do not have access to the internet, 

you may contact the Office of 

Subsistence Management at the address 

and phone number shown at FOR

FURTHER INFORMATION CONTACT and we 

will send the maps to you. 

Public Comment 

Electronic filing of comments 

(preferred method): Please submit 

electronic comments and other data to 

Subsistence@fws.gov. Please submit as 

either WordPerfect or MS Word files, 

avoiding the use of any special 

characters and any form of encryption. 

Our practice is to make comments, 

including names and home addresses of 

respondents, available for public review 

during regular business hours. 

Individual respondents may request that 

we withhold their home address from 

the rulemaking record, which we will 

honor to the extent allowable by law. In 

some circumstances, we would 

withhold from the rulemaking record a 

respondent’s identity, as allowable by 

law. If you wish for us to withhold your 

name and/or address, you must state 

this prominently at the beginning of 

your comment. We will make all 

submissions from organizations or 

businesses, and from individuals 

identifying themselves as 

representatives or officials of 

organizations or businesses, available 

for public inspection in their entirety. 

William 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, Carl Jack, 

and Rod Simmons, Alaska Regional 

Office, U.S. Fish and Wildlife Service; 

Sandy Rabinowitch, Alaska Regional 

Office, National Park Service; Warren 

Eastland, Pat Petrivelli, and Dr. Glenn 

Chen, Alaska Regional Office, Bureau of 

Indian Affairs; and Steve Kessler, 

Alaska Regional Office, USDA-Forest 

Service provided additional guidance. 

Dated: July 25, 2005. 

Thomas H. Boyd, 

Acting Chair, Federal Subsistence Board. 

Dated: July 27, 2005. 

Steve Kessler, 

Subsistence Program Leader, USDA-Forest 

Service. 

[FR Doc. 05–17080 Filed 8–26–05; 8:45 am] 

BILLING CODE 3410–11–P; 4310–55–P