Federal Register / Vol. 81, No. 34 / Monday, February 22, 2016 / Proposed Rules 8675 

■ 9. Amend subpart 1274.9 by adding 

§ 1274.944 to read as follows: 

§ 1274.944 Award term and condition for 

recipient integrity and performance matters. 

(a) Reporting of matters related to 

recipient integrity and performance. 

(1) General reporting requirement. 

(i) If the total value of your currently 

active grants, cooperative agreements, 

and procurement contracts from all 

Federal awarding agencies exceeds 

$10,000,000 for any period during the 

period of performance of this Federal 

award, then you as the recipient during 

that period of time must maintain the 

currency of information reported in 

FAPIIS about civil, criminal, or 

administrative proceedings described in 

paragraph 2 of this award term and 

condition. This is a statutory 

requirement under section 872 of Public 

Law 110–417, as amended (41 U.S.C. 

2313). 

(ii) As required by section 3010 of 

Public Law 111–212, all information 

posted in FAPIIS on or after April 15, 

2011, except past performance reviews 

required for Federal procurement 

contracts, will be publicly available. 

(2) Proceedings about which you must 

report. Submit the information required 

about each proceeding that— 

(i) Is in connection with the award or 

performance of a grant, cooperative 

agreement, or procurement contract 

from the Federal Government; 

(ii) Reached its final disposition 

during the most recent five year period; 

and 

(iii) Is one of the following: 

(A) A criminal proceeding that 

resulted in a conviction, as defined in 

paragraph (a)(2)(iii)(A)(5) of this section. 

(B) A civil proceeding that resulted in 

a finding of fault and liability and 

payment of a monetary fine, penalty, 

reimbursement, restitution, or damages 

of $5,000 or more. 

(C) An administrative proceeding, as 

defined in paragraph (a)(2)(iii)(A)(5) of 

this section, that resulted in a finding of 

fault and liability and your payment of 

either a monetary fine or penalty of 

$5,000 or more or reimbursement, 

restitution, or damages in excess of 

$100,000. 

(D) Any other criminal, civil, or 

administrative proceeding if— 

(1) It could have led to an outcome 

described in paragraph (a)(2)(iii)(A), (B), 

or (C) of this section; 

(2) It had a different disposition 

arrived at by consent or compromise 

with an acknowledgment of fault on 

your part; and 

(3) The requirement in this award 

term and condition to disclose 

information about the proceeding does 

not conflict with applicable laws and 

regulations. 

(3) Reporting procedures. Enter in the 

SAM Entity Management area the 

information that SAM requires about 

each proceeding described in paragraph 

(a)(2)(iii)(A)(5) of this section. You do 

not need to submit the information a 

second time under assistance awards 

that you received if you already 

provided the information through SAM, 

because you were required to do so 

under Federal procurement contracts 

that you were awarded. 

(4) Reporting frequency. During any 

period of time when you are subject to 

the requirement in paragraph (a)(1) of 

this section, you must report 

proceedings information through SAM 

for the most recent five year period, 

either to report new information about 

any proceeding(s) that you have not 

reported previously or affirm that there 

is no new information to report. 

Recipients that have Federal contract, 

grant, and cooperative agreement 

awards with a cumulative total value 

greater than $10,000,000 must disclose 

semiannually any information about the 

criminal, civil, and administrative 

proceedings. 

(5) Definitions. For purposes of this 

award term and condition: 

(i) Administrative proceeding means a 

non-judicial process that is adjudicatory 

in nature in order to make a 

determination of fault or liability (e.g., 

Securities and Exchange Commission 

Administrative proceedings, Civilian 

Board of Contract Appeals proceedings, 

and Armed Services Board of Contract 

Appeals proceedings). This includes 

proceedings at the Federal and State 

level but only in connection with 

performance of a Federal contract or 

grant. It does not include audits, site 

visits, corrective plans, or inspection of 

deliverables. 

(ii) Conviction, for purposes of this 

award term and condition, means a 

judgment or conviction of a criminal 

offense by any court of competent 

jurisdiction, whether entered upon a 

verdict or a plea, and includes a 

conviction entered upon a plea of nolo 

contendere. 

(6) Total value of currently active 

grants, cooperative agreements, and 

procurement contracts includes— 

(i) Only the Federal share of the 

funding under any Federal award with 

a recipient cost share or match; and 

(ii) The value of all expected funding 

increments under a Federal award and 

options, even if not yet exercised. 

[FR Doc. 2016–02979 Filed 2–19–16; 8:45 am] 

BILLING CODE 7510–13–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–2015–0003; 

FXRS12610700000–156–FF07J00000; FBMS 

#4500089925] 

RIN 1018–BA76 

Subsistence Management Regulations 

for Public Lands in Alaska—2017–18 

and 2018–19 Subsistence Taking of 

Fish and Shellfish Regulations 

AGENCY: Forest Service, Agriculture; 

Fish and Wildlife Service, Interior. 

ACTION: Proposed rule. 

SUMMARY: This proposed rule would 

establish regulations for fish and 

shellfish seasons, harvest limits, 

methods, and means related to taking of 

fish and shellfish for subsistence uses 

during the 2017–2018 and 2018–2019 

regulatory years. The Federal 

Subsistence Board (Board) is on a 

schedule of completing the process of 

revising subsistence taking of fish and 

shellfish regulations in odd-numbered 

years and subsistence taking of wildlife 

regulations in even-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 fish and shellfish 

taking regulations. This proposed rule 

would also amend the general 

regulations on subsistence taking of fish 

and wildlife. 

DATES: Public meetings: The Federal 

Subsistence Regional Advisory Councils 

will hold public meetings to receive 

comments and make proposals to 

change this proposed rule March 7 

through March 11, 2016, and then hold 

another round of public meetings to 

discuss and receive comments on the 

proposals, and make recommendations 

on the proposals to the Federal 

Subsistence Board, on several dates 

between September 28 and November 2, 

2016. The Board will discuss and 

evaluate proposed regulatory changes 

during a public meeting in Anchorage, 

AK, in January 2017. See 

SUPPLEMENTARY INFORMATION for specific 

information on dates and locations of 

the public meetings. 


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8676 Federal Register / Vol. 81, No. 34 / Monday, February 22, 2016 / Proposed Rules 

Public comments: Comments and 

proposals to change this proposed rule 

must be received or postmarked by 

April 1, 2016. 

ADDRESSES: Public meetings: The 

Federal Subsistence Board and the 

Federal Subsistence Regional Advisory 

Councils’ public meetings will be 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: http://

www.regulations.gov and search for 

FWS–R7–SM–2015–0003, 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 (see the 

Public Review Process section below for 

more information). 

FOR FURTHER INFORMATION CONTACT: 

Chair, Federal Subsistence Board, c/o 

U.S. Fish and Wildlife Service, 

Attention: Gene Peltola, Office of 

Subsistence Management; (907) 786– 

3888 or subsistence@fws.gov. For 

questions specific to National Forest 

System lands, contact Thomas Whitford, 

Regional Subsistence Program Leader, 

USDA, Forest Service, Alaska Region; 

(907) 743–9461 or twhitford@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. This 

program provides a preference for take 

of fish and wildlife resources for 

subsistence uses on Federal public 

lands and waters in Alaska. The 

Secretaries published temporary 

regulations to carry out this program in 

the Federal Register on June 29, 1990 

(55 FR 27114), and final regulations 

were published in the Federal Register 

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

Program has subsequently amended 

these regulations a number of times. 

Because this program is a joint effort 

between Interior and Agriculture, 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. 

Consistent with subpart B of these 

regulations, the Secretaries established a 

Federal Subsistence Board to administer 

the Federal Subsistence Management 

Program. The Board comprises: 

• 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; 

• 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 Regional 

Advisory Council. The Regional 

Advisory 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 Regional Advisory Council 

members represent varied geographical, 

cultural, and user interests within each 

region. 

Public Review Process—Comments, 

Proposals, and Public Meetings 

The Federal Subsistence Regional 

Advisory Councils have a substantial 

role in reviewing this proposed rule and 

making recommendations for the final 

rule. The Federal Subsistence Board, 

through the Federal Subsistence 

Regional Advisory Councils, will hold 

public meetings on this proposed rule at 

the following location in Alaska, on the 

following dates: 

Joint Regional Advisory Council 

Meeting, Anchorage, March 7–11, 

2016 

During April 2016, the written 

proposals to change the regulations at 

subpart D, take of fish and shellfish, and 

subpart C, customary and traditional use 

determinations, will be compiled and 

distributed for public review. During the 

30-day public comment period, which is 

presently scheduled to end on May 26, 

2016, written public comments will be 

accepted on the distributed proposals. 

The Board, through the Regional 

Advisory Councils, will hold a second 

series of public meetings in August 

through October 2016, to receive 

comments on specific proposals and to 

develop recommendations to the Board 

at the following locations in Alaska, on 

the following dates: 

Region 1—Southeast Regional Council, 

Petersburg, October 4, 2016 

Region 2—Southcentral Regional 

Council, Anchorage, October 18, 2016 

Region 3—Kodiak/Aleutians Regional 

Council, Cold Bay, September 28, 

2016 

Region 4—Bristol Bay Regional Council, 

Dillingham, October 26, 2016 

Region 5—Yukon–Kuskokwim Delta 

Regional Council, Bethel, October 12, 

2016 

Region 6—Western Interior Regional 

Council, McGrath, October 11, 2016 

Region 7—Seward Peninsula Regional 

Council, Nome, November 1, 2016 

Region 8—Northwest Arctic Regional 

Council, Selawik, October 5, 2016 

Region 9—Eastern Interior Regional 

Council, Fort Yukon, October 25, 

2016 

Region 10—North Slope Regional 

Council, Barrow, November 1, 2016 

A notice will be published of specific 

dates, times, and meeting locations in 

local and statewide newspapers prior to 

both series of meetings. Locations and 

dates may change based on weather or 

local circumstances. The amount of 

work on each Regional Advisory 

Council’s agenda determines the length 

of each Regional Advisory Council 

meeting. 

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 January 2017. 

The Federal Subsistence Regional 

Advisory Council Chairs, or their 

designated representatives, will present 

their respective Councils’ 

recommendations at the Board meeting. 

Additional oral testimony may be 


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Federal Register / Vol. 81, No. 34 / Monday, February 22, 2016 / Proposed Rules 8677 

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, 

fish and shellfish 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 this proposed rule 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 immediately rejects 

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, 

ll.27, and ll.28 of subpart D (the 

general and specific regulations 

governing the subsistence take of fish 

and shellfish). 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 

distributed for public review, no 

additional changes may be made as part 

of the original submission. During the 

January 2017 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, 

Regional Advisory Councils, or the 

Board becomes excessive. These 

deferrals may be based on 

recommendations by the affected 

Regional Advisory 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 Regional Advisory 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 Web site. 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, or by 

appointment, between 8 a.m. and 3 

p.m., Monday through Friday, except 

Federal holidays, at: USFWS, Office of 

Subsistence Management, 1011 East 

Tudor Road, Anchorage, AK 99503. 

Reasonable Accommodations 

The Federal Subsistence 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 

Deborah Coble, 907–786–3880, 

subsistence@fws.gov, or 800–877–8339 

(TTY), seven 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 (Tribes) as 

listed in 75 FR 60810 (October 1, 2010). 

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 Federally 

recognized 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 the 

Board’s 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 2017–18 and 2018–19 

Fish and Shellfish Seasons and Harvest 

Limit Proposed Regulations 

Subparts C and D regulations are 

subject to periodic review and revision. 

The Board currently completes the 

process of revising subsistence take of 

fish and shellfish regulations in oddnumbered years and wildlife regulations 

in even-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. 

The current subsistence program 

regulations form the starting point for 

consideration during each new 

rulemaking cycle. Therefore, the text of 

three final rules form the text of this 

proposed rule for the 2015–17 subparts 

C and D regulations: 

The text of the proposed amendments 

to 36 CFR 242.24 and 50 CFR 100.24 is 

the final rule for the 2014–2016 

regulatory period for wildlife (79 FR 

35232; June 19, 2014). 

The text of the proposed amendments 

to 36 CFR 242.25 and 242.27 and 50 

CFR 100.25 and 100.27 is the final rule 

for the 2015–17 regulatory period for 

fish (80 FR 28187; May 18, 2015). 

The text of the proposed amendments 

to 36 CFR 242.28 and 50 CFR 100.28 is 

the final rule for the 2011–13 regulatory 

period for fish and shellfish (76 FR 

12564; March 8, 2011). 

These regulations will remain in 

effect until subsequent Board action 


Lhorne on DSK5TPTVN1PROD with PROPOSALS
8678 Federal Register / Vol. 81, No. 34 / Monday, February 22, 2016 / Proposed Rules 

changes elements as a result of the 

public review process outlined above in 

this document. 

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 

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 (PRA) 

This proposed rule does not contain 

any new collections of information that 

require 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. We 

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. 

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 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 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 

proposed rule are already being 

harvested and consumed by the local 

harvester and do not result in an 

additional dollar benefit to the 

economy. However, we estimate that 

two million pounds of meat are 

harvested by subsistence users annually 

and, if given an estimated dollar value 

of $3.00 per pound, this amount would 

equate to about $6 million in food value 

statewide. Based upon the amounts and 

values cited above, 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 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, the 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 

The Alaska National Interest Lands 

Conservation Act, Title VIII, does not 


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Federal Register / Vol. 81, No. 34 / Monday, February 22, 2016 / Proposed Rules 8679 

provide specific rights to tribes for the 

subsistence taking of wildlife, fish, and 

shellfish. However, the Secretaries, 

through the Board, will provide 

Federally recognized Tribes and Alaska 

Native corporations an opportunity to 

consult on this proposed rule. 

Consultation with Alaska Native 

corporations are 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, 

will provide 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 

Theo Matuskowitz drafted these 

regulations under the guidance of Gene 

Peltola 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; 

• Mary McBurney, Alaska Regional 

Office, National Park Service; 

• Dr. Glenn Chen, Alaska Regional 

Office, Bureau of Indian Affairs; 

• Trevor Fox, Alaska Regional Office, 

U.S. Fish and Wildlife Service; and 

• Thomas Whitford, 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 

242 and 50 CFR part 100 for the 2017– 

18 and 2018–19 regulatory years. 

The text of the proposed amendments 

to 36 CFR 242.24 and 50 CFR 100.24 is 

the final rule for the 2014–2016 

regulatory period for wildlife (79 FR 

35232; June 19, 2014). 

The text of the proposed amendments 

to 36 CFR 242.25 and 242.27 and 50 

CFR 100.25 and 100.27 is the final rule 

for the 2015–17 regulatory period for 

fish (80 FR 28187; May 18, 2015). 

The text of the proposed amendments 

to 36 CFR 242.28 and 50 CFR 100.28 is 

the final rule for the 2011–13 regulatory 

period for fish and shellfish (76 FR 

12564; March 8, 2011). 

Dated: February 2, 2016. 

Gene Peltola, 

Assistant Regional Director, U.S. Fish and 

Wildlife Service, Acting Chair, Federal 

Subsistence Board. 

Dated: February 2, 2016. 

Thomas Whitford, 

Subsistence Program Leader, USDA–Forest 

Service. 

[FR Doc. 2016–03248 Filed 2–19–16; 8:45 am] 

BILLING CODE 3410–11–4333–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2015–0848 FRL–9942–55– 

Region 5] 

Air Plan Approval; Wisconsin; 

Revision to the Milwaukee-RacineWaukesha 2006 24-Hour Particulate 

Matter Maintenance Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

Wisconsin’s December 23, 2015, state 

implementation plan (SIP) revision to 

the Milwaukee-Racine-Waukesha 

(Milwaukee), Wisconsin 2006 24-Hour 

Particulate Matter (PM2.5) maintenance 

plan. This SIP revision establishes new 

Motor Vehicle Emissions Budgets 

(MVEB) for Volatile Organic 

Compounds (VOC) for 2020 and 2025. 

The MVEBs for Oxides of Nitrogen, 

Sulfur Dioxide, and PM2.5 will remain 

the same. EPA is approving the 

allocation of a portion of the safety 

margin for VOC in the PM2.5

maintenance plan to the 2020 and 2025 

MVEBs. The 2020 and 2025 total year 

emissions of VOC for the area will 

remain below the attainment level 

required by the transportation 

conformity regulations. 

DATES: Comments must be received on 

or before March 23, 2016. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2015–0848 at http://

www.regulations.gov or via email to 

blakley.pamela@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. For either manner of 

submission, EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. EPA will generally not consider 

comments or comment contents located 

outside of the primary submission (i.e. 

on the web, cloud, or other file sharing 

system). For additional submission 

methods, please contact the person 

identified in the FOR FURTHER

INFORMATION CONTACT section. For the 

full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Michael Leslie, Environmental 

Engineer, Control Strategies Section, Air 

Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 353–6680, 

leslie.michael@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

Final Rules section of this Federal 

Register, EPA is approving the State’s 

SIP submittal as a direct final rule 

without prior proposal because the 

Agency views this as a noncontroversial 

submittal and anticipates no adverse 

comments. A detailed rationale for the 

approval is set forth in the direct final 

rule. If no adverse comments are 

received in response to this rule, no 

further activity is contemplated. If EPA 

receives adverse comments, the direct 

final rule will be withdrawn and all 

public comments received will be 


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