63088 Federal Register / Vol. 75, No. 198 / Thursday, October 14, 2010 / Rules and Regulations 

Interference with Constitutionally 

Protected Property Rights. 

Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

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 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 rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction. This rule 

involves a fireworks display that is not 

expected to result in any significant 

adverse environmental impact as 

described in NEPA. 

An environmental analysis checklist 

and a categorical exclusion 

determination are available in the 

docket where indicated under 

ADDRESSES. 

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, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 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 § 165.T08–0873 is 

added to read as follows: 

§ 165.T08–0873 Great Mississippi Balloon 

Race and Fireworks Safety Zone; the 

Mississippi River, extending from mile 

marker 363 to mile marker 365.5, in the 

vicinity of Natchez, MS. 

(a) Location. The following area is a 

safety zone: those waters of the Lower 

Mississippi River, beginning at mile 

marker 363 and ending at mile marker 

365.5, extending the entire width of the 

river. 

(b) Enforcement Period. This section 

will be enforced from 7:15 p.m. to 8:45 

p.m., local time, on October 15, 2010 

and from 4:15 p.m. to 6 p.m., local time, 

on October 16, 2010. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23 of 

this part, entry into this zone is 

prohibited unless authorized by the 

Captain of the Port Lower Mississippi 

River or a designated representative. 

(2) Persons or vessels requiring entry 

into or passage through the zone must 

request permission from the Captain of 

the Port Lower Mississippi River or a 

designated representative. They may be 

contacted on VHF–FM channels 16 or 

by telephone at (901) 521–4822. 

(3) All persons and vessels shall 

comply with the instructions of the 

Captain of the Port Lower Mississippi 

River and designated personnel. 

Designated personnel include 

commissioned, warrant, and petty 

officers of the U.S. Coast Guard. 

(d) Informational Broadcasts. The 

Captain of the Port, Lower Mississippi 

River will inform the public when safety 

zones have been established via 

Broadcast Notice to Mariners. 

Dated: September 16, 2010. 

Michael Gardiner, 

Captain, U.S. Coast Guard, Captain of the 

Port, Lower Mississippi River. 

[FR Doc. 2010–25804 Filed 10–13–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

36 CFR Part 242 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 100 

[Docket No. FWS–R7–SM–2009–0052; 

70101–1261–0000L6] 

RIN 1018–AW77 

Subsistence Management Regulations 

for Public Lands in Alaska, Subpart B; 

Special Actions 

AGENCY: Forest Service, Agriculture; 

Fish and Wildlife Service, Interior. 

ACTION: Final rule. 

SUMMARY: This final rule amends the 

regulations that manage the taking of 

wildlife and fish in Alaska for 

subsistence purposes. In particular, the 

Federal Subsistence Board’s (Board) 

process of accepting and addressing 

special action requests is clarified, along 

with the role of the Regional Advisory 

Councils in the special action process. 


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Federal Register / Vol. 75, No. 198 / Thursday, October 14, 2010 / Rules and Regulations 63089 

Public notice requirements are updated 

to bring them in alignment with the 

practices of the digital age and 

accommodate the new biennial 

regulatory cycle. 

DATES: This rule is effective October 14, 

2010. 

ADDRESSES: The Board meeting 

transcripts are available for review at 

the Office of Subsistence Management, 

1011 East Tudor Road, MS 121, 

Anchorage, AK 99503, or on the Office 

of Subsistence Management Web site 

(http://alaska.fws.gov/asm/index.cfml). 

FOR FURTHER INFORMATION CONTACT: 

Chair, Federal Subsistence Board, c/o 

U.S. Fish and Wildlife Service, 

Attention: Peter J. Probasco, Office of 

Subsistence Management; (907) 786– 

3888 or subsistence@fws.gov. For 

questions specific to National Forest 

System lands, contact Steve Kessler, 

Regional Subsistence Program Leader, 

USDA, Forest Service, Alaska Region; 

(907) 743–9461 or skessler@fs.fed.us. 

SUPPLEMENTARY INFORMATION: 

Background 

Under Title VIII of the Alaska 

National Interest Lands Conservation 

Act (ANILCA) (16 U.S.C. 3111–3126), 

the Secretary of the Interior and the 

Secretary of Agriculture (Secretaries) 

jointly implement the Federal 

Subsistence Management Program 

(Program). This Program grants a 

preference for subsistence uses of fish 

and wildlife resources on Federal public 

lands and waters in Alaska. The 

Secretaries first published regulations to 

carry out this Program in the Federal 

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

These regulations have subsequently 

been amended several times. 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 is made up of: 

• A Chair appointed by the Secretary 

of the Interior with concurrence of the 

Secretary of Agriculture; 

• The Alaska Regional Director, U.S. 

Fish and Wildlife Service; 

• The Alaska Regional Director, U.S. 

National Park Service; 

• The Alaska State Director, U.S. 

Bureau of Land Management; 

• The Alaska Regional Director, U.S. 

Bureau of Indian Affairs; and 

• The Alaska Regional Forester, U.S. 

Forest Service. 

Through the Board, these agencies 

participate in the development of 

regulations for subparts A, B, and C, 

which set forth the basic program, and 

the subpart D regulations, which, among 

other things, set forth specific harvest 

seasons and limits. 

In administration of the Program, 

Alaska is divided 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 resources 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 diverse geographical, cultural, 

and user interests within each region. 

Members of the regional councils, 

agency representatives, and the public 

expressed concern to the Federal 

Subsistence Board that 36 CFR 242.19 

and 50 CFR 100.19, respectively, needed 

to be revised in a manner that provided 

more clarity to the Board’s process of 

accepting and addressing special action 

requests. Special actions are actions that 

the Board takes to modify the take of 

fish and wildlife regulations on public 

lands, outside of the regulatory proposal 

period, to ensure the continued viability 

of a fish or wildlife population or for 

other reasons. These actions may 

include closing, opening, or adjusting 

the seasons; modifying the harvest 

limits; or modifying the methods and 

means of harvest for subsistence uses of 

fish and wildlife. 

The problem with the lack of clarity 

in the regulations became particularly 

apparent during oral argument in the 

case of Ninilchik Traditional Council v. 

Fleagle, when the presiding judge 

struggled to interpret the procedural 

mechanisms described in the regulation 

and criticized it for being unclear. More 

recently, we recognized the need to 

modify § __.19 to accommodate the 

programmatic shift to a biennial 

regulatory cycle. 

Current Rule 

The Secretaries published a proposed 

rule on October 14, 2009 (74 FR 52712), 

to amend subpart B, §§ __.10, __.18, and 

__.19 of 36 CFR 242 and 50 CFR 100. 

These modifications will: 

(1) Improve clarity with respect to the 

Board’s process of accepting and 

addressing special action requests; 

(2) Update public notice requirements 

and bring them into line with the 

practices of the digital age; 

(3) Bring clarity to the role of the 

regional councils with respect to special 

action requests; and 

(4) Accommodate the biennial 

regulatory cycle, which was 

implemented in 2008 (73 FR 35726; 

June 24, 2008). 

These regulatory revisions will result 

in no direct change to subsistence uses 

or fish and wildlife populations, but 

clarify the process by which special 

action requests are accepted or rejected 

by the Board. The proposed rule opened 

a comment period, which closed on 

January 12, 2010. The Departments 

advertised the proposed rule by mail, 

radio, and newspaper. 

The Secretaries, through the Board, 

held a public meeting on January 12, 

2010, to receive comments from 

Regional Advisory Council Chairs, or 

designated representatives, and the 

public. The Board met again on April 

13, 2010, to review and formulate a 

recommendation to the Secretaries. 

Public Review and Comment 

During the public comment period, 

the Secretaries received two comments, 

one from a State advisory commission 

and a second from a private 

organization. At the public meeting on 

January 12, 2010, the Secretaries, 

through the Board, received four 

comments, two from two separate 

sporting organizations, one from a 

Native organization, and one from the 

State. In addition, the Regional 

Advisory Council Chairs were provided 

the opportunity to comment to the 

Board. The major comments from all 

sources are addressed below: 

Comment: The proposed rule wrongly 

expands the authority of the Board 

under ANILCA into regulating 

nonsubsistence uses on Federal public 

lands thereby infringing on sovereign 

State authority. 

Response: The Secretaries hold the 

position that they have the authority to 

open, close, restrict, or modify 

nonsubsistence uses, as needed, in the 

taking of fish and wildlife on Federal 

public lands. Due to possible 

misinterpretation, the Secretaries 

decided to remove the phrase ‘‘* * * or 

otherwise modify the requirements 

regarding the taking of fish and wildlife 

on public lands for nonsubsistence 

uses.’’ from the language presented in 

the proposed rule. 

Comment: The proposed rule needs to 

address specific conditions for 


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63090 Federal Register / Vol. 75, No. 198 / Thursday, October 14, 2010 / Rules and Regulations 

reopening an area for nonsubsistence 

use. 

Response: Under direction from the 

Secretaries, the Board adopted a policy 

on closures to hunting, trapping and 

fishing on Federal public lands and 

waters in Alaska on August 29, 2007. 

This policy addresses in detail the 

removal of closures on Federal public 

lands and waters and was approved by 

the Secretaries prior to being adopted by 

the Board. 

Comment: The proposed rule does not 

provide deference to the Regional 

Advisory Councils in consideration of 

special actions. 

Response: The Secretaries address the 

Board’s deference to the Regional 

Advisory Councils in 36 CFR 242.10(e) 

and 50 CFR 100.10(e), ‘‘Federal 

Subsistence Board; ‘‘Relationship to 

Regional Councils’’. It is further 

addressed in the Board’s closure policy 

of August 29, 2007. 

Comment: The proposed rule does not 

clarify the State’s role in regard to 

Federal determinations that affect the 

State’s management responsibilities for 

fish and wildlife when implementing 

special actions. 

Response: The relationship between 

the Board and the State is defined in 36 

CFR 242.14 and 50 CFR 100.14, 

‘‘Relationship to State procedures and 

regulations’’. In addition, the 

Memorandum of Understanding signed 

on December 5, 2008, between the 

Board and the State established 

guidelines to coordinate the 

management of subsistence uses of fish 

and wildlife resources on Federal public 

lands and waters in Alaska. 

These final regulations reflect 

Secretarial review and consideration of 

the Federal Subsistence Board 

recommendation and Regional Advisory 

Council and public comments. The 

public received extensive opportunity to 

review and comment on all changes. 

Analysis and justification for the 

action taken are available for review at 

the Office of Subsistence Management, 

1011 East Tudor Road, Mail Stop 121, 

Anchorage, Alaska 99503, or on the 

Office of Subsistence Management Web 

site (http://alaska.fws.gov/asm/ 

index.cfml). 

Conformance With Statutory and 

Regulatory Authorities 

Administrative Procedure Act 

Compliance 

The Secretaries have provided 

extensive opportunity for public input 

and involvement in compliance with 

Administrative Procedure Act 

requirements, including publishing a 

proposed rule notice in the Federal 

Register, participation in multiple 

Regional Council meetings, additional 

public review and comment on 

proposed regulatory changes, and 

opportunity for additional public 

comment during the Board meeting 

prior to their recommendation to the 

Secretaries. 

Therefore, the Secretaries finds good 

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

make this rule effective upon the date 

set forth in DATES to ensure continued 

operation of the subsistence program. 

National Environmental Policy Act 

Compliance 

A Draft Environmental Impact 

Statement (DEIS) for developing a 

Federal Subsistence Management 

Program was distributed for public 

comment on October 7, 1991. That 

document described the major issues 

associated with Federal subsistence 

management as identified through 

public meetings, written comments, and 

staff analyses and examined the 

environmental consequences of four 

alternatives. Proposed regulations 

(subparts A, B, and C) that would 

implement the preferred alternative 

were included in the DEIS as an 

appendix. The DEIS and the proposed 

administrative regulations presented a 

framework for a regulatory cycle 

regarding subsistence hunting and 

fishing regulations (subpart D). The 

Final Environmental Impact Statement 

(FEIS) was published on February 28, 

1992. 

Based on the public comments 

received, the analysis contained in the 

FEIS, and the recommendations of the 

Federal Subsistence Board and the 

Department of the Interior’s Subsistence 

Policy Group, the Secretary of the 

Interior, with the concurrence of the 

Secretary of Agriculture, through the 

U.S. Department of Agriculture-Forest 

Service, implemented Alternative IV as 

identified in the DEIS and FEIS (Record 

of Decision on Subsistence Management 

for Federal Public Lands in Alaska 

(ROD), signed April 6, 1992). The DEIS 

and the selected alternative in the FEIS 

defined the administrative framework of 

a regulatory cycle for subsistence 

hunting and fishing regulations. The 

final rule for subsistence management 

regulations for public lands in Alaska, 

subparts A, B, and C, implemented the 

Federal Subsistence Management 

Program and included a framework for 

a regulatory cycle for the subsistence 

taking of wildlife and fish. The 

following Federal Register documents 

pertain to this rulemaking: 

SUBSISTENCE MANAGEMENT REGULATIONS FOR PUBLIC LANDS IN ALASKA, SUBPARTS A, B, AND C: FEDERAL REGISTER

DOCUMENTS PERTAINING TO THE FINAL RULE

Federal Register 

citation Date of publication Category Details 

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

was published in the Federal Register. 

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

navigable waters in which the United States has a reserved water right and 

to identify specific Federal land units where reserved water rights exist. Extended the Federal Subsistence Board’s management to all Federal lands 

selected under the Alaska Native Claims Settlement Act and the Alaska 

Statehood Act and situated within the boundaries of a Conservation System 

Unit, National Recreation Area, National Conservation Area, or any new national forest or forest addition, until conveyed to the State of Alaska or to an 

Alaska Native Corporation. Specified and clarified the Secretaries’ authority 

to determine when hunting, fishing, or trapping activities taking place in 

Alaska off the public lands interfere with the subsistence priority. 

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

and clarified the procedures for enacting emergency or temporary restrictions, closures, or openings. 


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SUBSISTENCE MANAGEMENT REGULATIONS FOR PUBLIC LANDS IN ALASKA, SUBPARTS A, B, AND C: FEDERAL REGISTER

DOCUMENTS PERTAINING TO THE FINAL RULE—Continued 

Federal Register 

citation Date of publication Category Details 

67 FR 30559 .......... May 7, 2002 .......... Final rule ............... Amended the operating regulations in response to comments on the June 12, 

2001, interim rule. Also corrected some inadvertent errors and oversights of 

previous rules. 

68 FR 7703 ............ February 18, 2003 Direct final rule ...... Clarified how old a person must be to receive certain subsistence use permits 

and removed the requirement that Regional Councils must have an odd 

number of members. 

68 FR 23035 .......... April 30, 2003 ........ Affirmation of direct 

final rule.

Because no adverse comments were received on the direct final rule (68 FR 

7703), the direct final rule was adopted. 

69 FR 60957 .......... October 14, 2004 .. Final rule ............... Clarified the membership qualifications for Regional Advisory Council membership and relocated the definition of ‘‘regulatory year’’ from subpart A to subpart D of the regulations. 

70 FR 76400 .......... December 27, 

2005.

Final rule ............... Revised jurisdiction in marine waters and clarified jurisdiction relative to military lands. 

71 FR 49997 .......... August 24, 2006 .... Final rule ............... Revised the jurisdiction of the subsistence program by adding submerged 

lands and waters in the area of Makhnati Island, near Sitka, AK. This allowed subsistence users to harvest marine resources in this area under 

seasons, harvest limits, and methods specified in the regulations. 

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

An environmental assessment was 

prepared in 1997 on the expansion of 

Federal jurisdiction over fisheries and is 

available from the office listed under 

FOR FURTHER INFORMATION CONTACT. The 

Secretary of the Interior with the 

concurrence of the Secretary of 

Agriculture determined that the 

expansion of Federal jurisdiction did 

not constitute a major Federal action 

significantly affecting the human 

environment and, therefore, signed a 

Finding of No Significant Impact. 

Section 810 of ANILCA 

An ANILCA Section 810 analysis was 

completed as part of the FEIS process on 

the Federal Subsistence Management 

Program. The intent of all Federal 

subsistence regulations is to accord 

subsistence uses of fish and wildlife on 

public lands a priority over the taking 

of fish and wildlife on such lands for 

other purposes, unless restriction is 

necessary to conserve healthy fish and 

wildlife populations. The final section 

810 analysis determination appeared in 

the April 6, 1992, ROD and concluded 

that the 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 this rule was conducted in 

accordance with section 810. That 

evaluation also supported the 

Secretaries’ determination that the rule 

will not reach the ‘‘may significantly 

restrict’’ threshold that would require 

notice and hearings under ANILCA 

section 810(a). 

Paperwork Reduction Act 

An agency may not conduct or 

sponsor and you are not required to 

respond to a collection of information 

unless it displays a currently valid 

Office of Management and Budget 

(OMB) control number. This rule does 

not contain any new collections of 

information that require OMB approval. 

OMB has reviewed and approved the 

following collections of information 

associated with the subsistence 

regulations at 36 CFR 242 and 50 CFR 

100: Subsistence hunting and fishing 

applications, permits, and reports, 

Federal Subsistence Regional Advisory 

Council Membership Application/ 

Nomination and Interview Forms (OMB 

Control No. 1018–0075 expires January 

31, 2013). 

Regulatory Planning and Review 

(Executive Order 12866) 

The Office of Management and Budget 

(OMB) has determined that this rule is 

not significant and has not reviewed 

this rule under Executive Order 12866. 

OMB bases its determination upon the 

following four criteria: 

(a) Whether the rule will have an 

annual effect of $100 million or more on 

the economy or adversely affect an 

economic sector, productivity, jobs, the 

environment, or other units of the 

government. 

(b) Whether the rule will create 

inconsistencies with other agencies’ 

actions. 

(c) Whether the rule will materially 

affect entitlements, grants, user fees, 

loan programs, or the rights and 

obligations of their recipients. 

(d) Whether the rule raises novel legal 

or policy issues. 

Regulatory Flexibility Act 

The Regulatory Flexibility Act of 1980 

(5 U.S.C. 601 et seq.) requires 

preparation of flexibility analyses for 

rules that will have a significant effect 

on a substantial number of small 

entities, which include small 

businesses, organizations, or 

governmental jurisdictions. In general, 

the resources to be harvested under this 

rule are already being harvested and 

consumed by the local harvester and do 

not result in an additional dollar benefit 

to the economy. 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 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 


emcdonald on DSK2BSOYB1PROD with RULES
63092 Federal Register / Vol. 75, No. 198 / Thursday, October 14, 2010 / Rules and Regulations 

of U.S.-based enterprises to compete 

with foreign-based enterprises. 

Executive Order 12630 

Title VIII of ANILCA requires the 

Secretaries to administer a subsistence 

priority on public lands. The scope of 

this program is limited by definition to 

certain public lands. Likewise, these 

regulations have no potential takings of 

private property implications as defined 

by Executive Order 12630. 

Unfunded Mandates Reform Act 

The Secretaries have determined and 

certify pursuant to the Unfunded 

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

seq., that this rulemaking will not 

impose a cost of $100 million or more 

in any given year on local or State 

governments or private entities. The 

implementation of this rule is by 

Federal agencies and there is no cost 

imposed on any State or local entities or 

tribal governments. 

Executive Order 12988 

The Secretaries have determined that 

these regulations meet the applicable 

standards provided in Sections 3(a) and 

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

regarding civil justice reform. 

Executive Order 13132 

In accordance with Executive Order 

13132, the rule does not have sufficient 

Federalism implications to warrant the 

preparation of a Federalism Assessment. 

Title VIII of ANILCA precludes the State 

from exercising subsistence 

management authority over fish and 

wildlife resources on Federal lands 

unless it meets certain requirements. 

Executive Order 13175 

The Alaska National Interest Lands 

Conservation Act does not specifically 

provide rights to tribes for the 

subsistence taking of wildlife, fish, and 

shellfish. However, the Secretaries have 

elected to provide tribes an opportunity 

to consult on this rule. The Secretaries, 

through the Board, provided a variety of 

opportunities for consultation through: 

proposing changes to the existing rule; 

commenting on proposed changes to the 

existing rule; engaging in dialogue at the 

Regional Advisory Council meetings; 

engaging in dialogue at the Board’s 

meetings; and providing input in 

person, by mail, email, or phone at any 

time during the rulemaking process. 

Executive Order 13211 

This Executive Order requires 

agencies to prepare Statements of 

Energy Effects when undertaking certain 

actions. However, this rule is not a 

significant regulatory action under E.O. 

13211, affecting energy supply, 

distribution, or use, and no Statement of 

Energy Effects is required. 

Drafting Information 

Theo Matuskowitz drafted these 

regulations under the guidance of Peter 

J. Probasco of the Office of Subsistence 

Management, Alaska Regional Office, 

U.S. Fish and Wildlife Service, 

Anchorage, Alaska. Additional 

assistance was provided by 

• Daniel Sharp, Alaska State Office, 

Bureau of Land Management; 

• Sandy Rabinowitch and Nancy 

Swanton, Alaska Regional Office, 

National Park Service; 

• Dr. Glenn Chen and Patricia 

Petrivelli, Alaska Regional Office, 

Bureau of Indian Affairs; 

• Jerry Berg and Carl Jack, Alaska 

Regional Office, U.S. Fish and Wildlife 

Service; and 

• Steve Kessler, Alaska Regional 

Office, U.S. Forest Service. 

List of Subjects 

36 CFR Part 242 

Administrative practice and 

procedure, Alaska, Fish, National 

forests, Public lands, Reporting and 

recordkeeping requirements, Wildlife. 

50 CFR Part 100 

Administrative practice and 

procedure, Alaska, Fish, National 

forests, Public lands, Reporting and 

recordkeeping requirements, Wildlife. 

■ For the reasons set out in the 

preamble, the Federal Subsistence 

Board amends subpart B of part 242 of 

title 36 and part 100 of title 50 of the 

Code of Federal Regulations, as set forth 

below. 

PART __—SUBSISTENCE 

MANAGEMENT REGULATIONS FOR 

PUBLIC LANDS IN ALASKA 

■ 1. The authority citation for both 36 

CFR part 242 and 50 CFR part 100 

continues to read as follows: 

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

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

1733. 

■ 2. Amend § __.10 by revising 

paragraph (d)(4)(vi), redesignating 

paragraphs (d)(4)(vii) through (d)(4)(xix) 

as paragraphs (d)(4)(viii) through 

(d)(4)(xx), and adding a new paragraph 

(d)(4)(vii) to read as follows: 

§ __.10 Federal Subsistence Board. 

* * * * * 

(d) * * * 

(4) * * * 

(vi) Restrict the taking of fish and 

wildlife on public lands for 

nonsubsistence uses or close public 

lands to the take of fish and wildlife for 

nonsubsistence uses when necessary for 

the conservation of healthy populations 

of fish or wildlife, to continue 

subsistence uses of fish or wildlife, or 

for reasons of public safety or 

administration. The Board may also 

reopen public lands to nonsubsistence 

uses if new information or changed 

conditions indicate that the closure is 

no longer warranted; 

(vii) Restrict the taking of a particular 

fish or wildlife population on public 

lands for subsistence uses, close public 

lands to the take of fish and wildlife for 

subsistence uses, or otherwise modify 

the requirements for take from a 

particular fish or wildlife population on 

public lands for subsistence uses when 

necessary to ensure the continued 

viability of a fish or wildlife population, 

or for reasons of public safety or 

administration. As soon as conditions 

warrant, the Board may also reopen 

public lands to the taking of a fish and 

wildlife population for subsistence 

users to continue those uses; 

* * * * * 

■ 3. Revise the introductory text of 

paragraph (a) of § __.18 to read as 

follows: 

§ __.18 Regulation adoption process. 

(a) The Board will accept proposals 

for changes to the Federal subsistence 

regulations in subparts C or D of this 

part according to a published schedule, 

except for proposals for emergency and 

temporary special actions, which the 

Board will accept according to 

procedures set forth in § __.19. The 

Board may establish a rotating schedule 

for accepting proposals on various 

sections of subpart C or subpart D 

regulations over a period of years. The 

Board will develop and publish 

proposed regulations in the Federal 

Register, publish notice in local 

newspapers, and distribute comments 

on the proposed regulations in the form 

of proposals for public review. 

* * * * * 

■ 4. Revise § __.19 to read as follows: 

§ __.19 Special actions. 

(a) Emergency special actions. In an 

emergency situation, if necessary to 

ensure the continued viability of a fish 

or wildlife population, to continue 

subsistence uses of fish or wildlife, or 

for public safety reasons, the Board may 

immediately open or close public lands 

for the taking of fish and wildlife for 

subsistence uses, or modify the 

requirements for take for subsistence 

uses, or close public lands to take for 

nonsubsistence uses of fish and wildlife, 


emcdonald on DSK2BSOYB1PROD with RULES
Federal Register / Vol. 75, No. 198 / Thursday, October 14, 2010 / Rules and Regulations 63093 

or restrict the requirements for take for 

nonsubsistence uses. 

(1) If the timing of a regularly 

scheduled meeting of the affected 

Regional Council so permits without 

incurring undue delay, the Board may 

seek Council recommendations on the 

proposed emergency special action. 

Such a Council recommendation, if any, 

will be subject to the requirements of 

§ __.18(a)(4). 

(2) The emergency action will be 

effective when directed by the Board, 

may not exceed 60 days, and may not 

be extended unless the procedures for 

adoption of a temporary special action, 

as set forth in paragraph (b) of this 

section, have been followed. 

(b) Temporary special actions. After 

adequate notice and public hearing, the 

Board may temporarily close or open 

public lands for the taking of fish and 

wildlife for subsistence uses, or modify 

the requirements for subsistence take, or 

close public lands for the taking of fish 

and wildlife for nonsubsistence uses, or 

restrict take for nonsubsistence uses. 

(1) The Board may make such 

temporary changes only after it 

determines that the proposed temporary 

change will not interfere with the 

conservation of healthy fish and wildlife 

populations, will not be detrimental to 

the long-term subsistence use of fish or 

wildlife resources, and is not an 

unnecessary restriction on 

nonsubsistence users. The Board may 

also reopen public lands to 

nonsubsistence uses if new information 

or changed conditions indicate that the 

closure is no longer warranted. 

(i) Prior to implementing a temporary 

special action, the Board will consult 

with the State of Alaska and the Chairs 

of the Regional Councils of the affected 

regions. 

(ii) If the timing of a regularly 

scheduled meeting of the affected 

Regional Council so permits without 

incurring undue delay, the Board will 

seek Council recommendations on the 

proposed temporary special action. 

Such Council recommendations, if any, 

will be subject to the requirements of 

§ __.18(a)(4). 

(2) The length of any temporary action 

will be confined to the minimum time 

period or harvest limit determined by 

the Board to be necessary under the 

circumstances. In any event, a 

temporary opening or closure will not 

extend longer than the end of the 

current regulatory cycle. 

(c) The Board may reject a request for 

either an emergency or a temporary 

special action if the Board concludes 

that there are no time-sensitive 

circumstances necessitating a regulatory 

change before the next regular proposal 

cycle. However, a special action request 

that has been rejected for this reason 

may be deferred, if appropriate and after 

consultation with the proponent, for 

consideration during the next regular 

proposal cycle. The Board will consider 

changes to customary and traditional 

use determinations in subpart C of this 

part only during the regular proposal 

cycle. 

(d) The Board will provide notice of 

all regulatory changes adopted via 

special action by posting the change on 

the Office of Subsistence Management 

Web site (http://alaska.fws.gov/asm/ 

index.cfml). When appropriate, notice 

may also include distribution of press 

releases to newspapers, local radio 

stations, and local contacts, as well as 

direct notification to the proponent and 

interested parties. The Board will 

publish notice and reasons justifying the 

special action in the Federal Register as 

soon as practicable. 

(e) The decision of the Board on any 

proposed special action will constitute 

its final administrative action. 

(f) Regulations authorizing any 

individual agency to implement 

closures or restrictions on public lands 

managed by the agency remain 

unaffected by the regulations in this 

part. 

(g) Fish and wildlife may not be taken 

in violation of any restriction, closure, 

or change authorized by the Board. 

Dated: July 13, 2010. 

Ken Salazar, 

Secretary of the Interior, Department of the 

Interior. 

Beth G. Pendleton, 

Regional Forester, USDA—Forest Service. 

[FR Doc. 2010–25816 Filed 10–13–10; 8:45 am] 

BILLING CODE 3410–11–P; 4310–55–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 112 

[EPA–HQ–OPA–2009–0880; FRL–9213–8] 

RIN 2050–AG59 

Oil Pollution Prevention; Spill 

Prevention, Control, and 

Countermeasure (SPCC) Rule— 

Compliance Date Amendment 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The U.S. Environmental 

Protection Agency (EPA or the Agency) 

is promulgating a new compliance date 

of November 10, 2011 by which certain 

facilities must prepare or amend their 

Spill Prevention, Control, and 

Countermeasure (SPCC) Plans, and 

implement those Plans, providing an 

additional year for certain facilities. 

This action allows additional time for 

those affected in the regulated 

community to understand the revisions 

to the SPCC rule finalized in December 

2008 and November 2009. However, 

EPA is not extending the compliance 

date for drilling, production or 

workover facilities that are offshore or 

that have an offshore component, or for 

onshore facilities required to have and 

submit Facility Response Plans (FRPs). 

Additionally, the Agency is delaying the 

compliance date by which facilities 

must address milk and milk product 

containers, associated piping and 

appurtenances that are constructed 

according to the current applicable 3–A 

Sanitary Standards, and subject to the 

current applicable Grade ‘‘A’’ 

Pasteurized Milk Ordinance (PMO) or a 

State dairy regulatory requirement 

equivalent to the current applicable 

PMO. The date by which the owner or 

operator of a facility must comply with 

the SPCC requirements for these milk 

and milk product containers is delayed 

one year from the effective date of a 

final rule specifically addressing these 

milk and milk product containers, 

associated piping and appurtenances, or 

as specified by a rule that otherwise 

establishes a compliance date for these 

facilities. Both the extension and delay 

of the compliance date provide time for 

certain facilities to undertake the 

actions necessary to prepare or amend 

their SPCC Plans, as well as implement 

them. 

DATES: This final rule is effective on 

October 14, 2010. 

ADDRESSES: The public docket for this 

rulemaking, Docket ID No. EPA–HQ– 

OPA–2009–0880, contains the 

information related to this rulemaking, 

including the response to comment 

document. All documents in the docket 

are listed in the index at http:// 

www.regulations.gov. Although listed in 

the index, some information may not be 

publicly available, such as Confidential 

Business Information (CBI) or other 

information the disclosure of which is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically at http:// 

www.regulations.gov or in hard copy at 

the EPA Docket, EPA/DC, EPA West, 

Room 3334, 1301 Constitution Ave., 

NW., Washington, DC. The Public 

Reading Room is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, 


emcdonald on DSK2BSOYB1PROD with RULES