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Protesters are asked to contact the ■ 2. In § 165.164, revise paragraph (a)(3) • Instructions: Comments will not be person listed in the FOR FURTHER to read as follows: accepted by fax, email, or in any way INFORMATION CONTACT section to (a) * * * other than those specified above. All coordinate protest activities so that your (3) Marine Air Terminal, LaGuardia submissions received must include the message can be received without Airport Security Zone: All waters of words ‘‘National Park Service’’ or jeopardizing the safety or security of Bowery Bay, Queens, New York, inside ‘‘NPS’’ and must include the docket people, places, or vessels. of a line drawn from the start of the number or RIN (1024–AE38) for this Rikers Island Bridge in Queens at rulemaking. Comments received will be V. Public Participation and Request for approximate position 40°46′37″ N, posted without change to http:// Comments 073°53′30″ W to the intersecting point www.regulations.gov, including any We view public participation as on the southern side of Rikers Island at personal information provided. essential to effective rulemaking, and approximate position 40°47′12″ N, • Docket: For access to the docket to will consider all comments and material 073°53′06″ W, then a line drawn east to read background documents or received during the comment period. the western end of LaGuardia Airport at comments received, go to http:// Your comment can help shape the approximate position 40°47′00″ N, www.regulations.gov. 073°52′44″ W, then a line drawn south outcome of this rulemaking. If you FOR FURTHER INFORMATION CONTACT: following the shoreline back to the point submit a comment, please include the Herbert C. Frost, Regional Director, of origin at 40°46′37″ N, 073°53′30″ W docket number for this rulemaking, Alaska Regional Office, 240 West 5th (NAD 1983). indicate the specific section of this Ave., Anchorage, AK 99501. Phone document to which each comment Dated: May 7, 2018. (907) 644–3510. Email: AKR_ applies, and provide a reason for each M.H. Day, [email protected]. suggestion or recommendation. Captain, U.S. Coast Guard, Captain of the SUPPLEMENTARY INFORMATION: We encourage you to submit Port New York. comments through the Federal [FR Doc. 2018–10899 Filed 5–21–18; 8:45 am] Background eRulemaking Portal at http:// BILLING CODE 9110–04–P On October 23, 2015, the National www.regulations.gov. If your material Park Service (NPS) published a final cannot be submitted using http:// rule (Final Rule) to amend its www.regulations.gov, contact the person DEPARTMENT OF THE INTERIOR regulations for sport hunting and in the FOR FURTHER INFORMATION trapping in national preserves in Alaska CONTACT section of this document for National Park Service (80 FR 64325). The Final Rule codified alternate instructions. prohibitions on certain types of harvest We accept anonymous comments. All 36 CFR Part 13 practices that are otherwise permitted comments received will be posted [NPS–AKRO–25579; PPAKAKROZ5, by the State of Alaska. The practices are: without change to http:// PPMPRLE1Y.L00000] Taking any black bear, including cubs www.regulations.gov and will include and sows with cubs, with artificial light any personal information you have RIN 1024–AE38 at den sites; harvesting brown bears over provided. For more about privacy and bait; taking wolves and coyotes Alaska; Hunting and Trapping in the docket, visit http:// (including pups) during the denning National Preserves www.regulations.gov/privacyNotice. season (between May 1 and August 9); Documents mentioned in this NPRM AGENCY: National Park Service, Interior. taking swimming caribou; taking as being available in the docket, and all ACTION: Proposed rule. caribou from motorboats under power; public comments, will be in our online taking black bears over bait; and using docket at http://www.regulations.gov SUMMARY: The National Park Service dogs to hunt black bears. This rule is and can be viewed by following that proposes to amend its regulations for inconsistent with State of Alaska’s website’s instructions. Additionally, if sport hunting and trapping in national hunting regulations found at 5 AAC Part you go to the online docket and sign up preserves in Alaska. This proposed rule 85. for email alerts, you will be notified would remove a regulatory provision Since the publication of the Final when comments are posted or a final issued by the National Park Service in Rule, the Secretary of the Interior issued rule is published. 2015 that prohibited certain sport two Secretarial Orders regarding how hunting practices that are otherwise the Department of the Interior should List of Subjects in 33 CFR Part 165 permitted by the State of Alaska. These manage recreational hunting and Harbors, Marine safety, Navigation proposed changes are consistent with trapping in the lands and waters it (water), Reporting and recordkeeping Secretary of the Interior Orders 3347 administers, and directing greater requirements, Security measures, and 3356. collaboration with state, tribe, and Waterways. DATES: Comments on the proposed rule territorial partners in doing so. For the reasons discussed in the must be received by 11:59 p.m. EST on On March 2, 2017, Secretary Zinke preamble, the Coast Guard proposes to July 23, 2018. signed Secretarial Order 3347, amend 33 CFR part 165 as follows: ADDRESSES: You may submit comments, Conservation Stewardship and Outdoor identified by Regulation Identifier Recreation. Part of the stated purpose of PART 165—REGULATED NAVIGATION Number (RIN) 1024–AE38, by either of Secretarial Order 3347 is to increase AREAS AND LIMITED ACCESS AREAS the following methods: outdoor recreation and improve the • Federal eRulemaking Portal: http:// management of game species and their ■ 1. The authority citation for part 165 www.regulations.gov. Follow the habitat. Secretarial Order 3347 directs continues to read as follows: instructions for submitting comments. the Department of the Interior to • Authority: 33 U.S.C. 1231; 50 U.S.C. 191; Mail or hand deliver to: National identify specific actions to (1) expand 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Park Service, Regional Director, Alaska access significantly for recreational Department of Homeland Security Delegation Regional Office, 240 West 5th Ave., hunting and fishing on public lands; No. 0170.1. Anchorage, AK 99501. and (2) improve recreational hunting

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and fishing cooperation, consultation, under applicable laws, policies, and humans. Paragraph (g) sets forth a table and communication with state wildlife regulations. of prohibited methods of taking wildlife managers. Taking into account the Secretarial for sport purposes in national preserves On September 15, 2017, Secretary Orders described above, NPS has re- in Alaska. Most of these prohibited Zinke signed Secretarial Order 3356, considered its earlier conclusions and methods are also prohibited by the State Hunting, Fishing, Recreational determined that these previously of Alaska. Some of them, however, Shooting, and Wildlife Conservation prohibited practices can be allowed conflict with authorizations by the State Opportunities and Coordination with consistent with the goal of aligning its of Alaska as explained above. The NPS State, Tribes, and Territories. Part of the rules with those of the State. Allowing believes that removing paragraphs (f) stated purpose of Secretarial Order 3356 these practices is consistent with NPS and (g) would implement the directive is to increase outdoor recreation Management Policy 4.4.3 which announced in Secretarial Orders 3347 opportunities for all Americans in provides that NPS does not allow and 3356 by increasing hunting greater collaboration with state partners, activities to reduce the numbers of opportunities in national preserves and including opportunities to hunt. native species for the purpose of promoting consistency between federal Secretarial Order 3356 directs the NPS increasing the numbers of harvested regulations and state wildlife harvest to (1) identify whether hunting species. The discussion in the 2015 rule regulations. In addition, the proposed opportunities on Department lands of an action’s ‘‘intent or potential’’ to rule would remove the definitions of could be expanded; (2) work manipulate predator dynamics goes ‘‘Big game’’, ‘‘Cub bear’’, ‘‘Fur animal’’, cooperatively with state wildlife beyond the plain language of section and ‘‘Furbearer’’ from section 13.1 agencies to enhance their access to 4.4.3 of Management Policies. because those terms are only used in Department lands for wildlife Additionally, the State of Alaska paragraphs (f) and (g). management actions; (3) work disputes that the hunting methods and cooperatively with state wildlife seasons (allowed by the state but Compliance With Other Laws, agencies to ensure that hunting prohibited by current NPS regulations) Executive Orders and Department regulations for Department lands and are intended to function as a predator Policy waters complement the regulations on control program. Rather, the State Regulatory Planning and Review the surrounding lands and waters; and asserts the hunting regulations are (Executive Orders 12866 and 13563) (4) work in close coordination and intended to provide opportunity for Executive Order 12866 provides that cooperation with the appropriate state harvests of wolves, coyotes, bears, and the Office of Information and Regulatory wildlife agency to begin the necessary other species as requested by the public. Affairs in the Office of Management and process to modify regulations in order to The State also maintains that any effects Budget will review all significant rules. advance shared wildlife conservation to the natural abundances, diversities, The Office of Information and goals/objectives that align predator distributions, densities, age-class Regulatory Affairs has determined that management programs, seasons, and distributions, populations, habitats, this rule is not significant. methods of take permitted on all genetics, and behaviors of wildlife from Executive Order 13563 reaffirms the Department-managed lands and waters implementing its regulations are likely principles of Executive Order 12866 with corresponding programs, seasons, negligible. As noted below, NPS will while calling for improvements in the and methods established by state prepare an environmental assessment nation’s regulatory system to promote wildlife management agencies. for this regulation to determine whether predictability, to reduce uncertainty, The purpose of this proposed rule is it will have any significant impacts on and to use the best, most innovative, to align sport hunting regulations in wildlife or other resources. and least burdensome tools for national preserves in Alaska with State With respect to the practices that NPS achieving regulatory ends. The of Alaska regulations and to enhance previously determined to be executive order directs agencies to consistency with harvest regulations on inconsistent with federal law consider regulatory approaches that surrounding non-federal lands and authorizing harvest for sport purposes reduce burdens and maintain flexibility waters in furtherance of Secretarial in national preserves in Alaska, no and freedom of choice for the public Orders 3347 and 3356. The proposed applicable federal law or regulation where these approaches are relevant, rule would apply the State of Alaska’s defines ‘‘sport hunting.’’ With regard to feasible, and consistent with regulatory hunting regulations to national preserve NPS’s statement in the 2015 rule that objectives. Executive Order 13563 lands, with limited exceptions found baiting poses an increased public safety emphasizes further that regulations elsewhere in NPS regulations. See, e.g., risk, the State of Alaska’s position is must be based on the best available 36 CFR 13.42(d). that baiting does not cause bears to science and that the rulemaking process The 2015 Final Rule prohibits the become food-conditioned, and therefore must allow for public participation and hunting practices otherwise permitted a greater safety concern. an open exchange of ideas. The NPS has by the State of Alaska because NPS Proposed Rule developed this rule in a manner found those practices: (1) To have intent consistent with these requirements. or potential to alter or manipulate For the above stated reasons, the NPS natural predator-prey dynamics, and proposes to remove paragraphs (f) and Reducing Regulation and Controlling associated natural ecological processes (g) of 36 CFR 13.42. Paragraph (f) states Regulatory Costs (Executive Order for the purpose of increasing harvest of that State of Alaska management actions 13771) ungulates by man; (2) to adversely or laws or regulations that authorize This rule is not an E.O. 13771 impact public safety; or (3) to be taking of wildlife are not adopted in regulatory action because this rule is not inconsistent with federal law park areas if they are related to predator significant under Executive Order authorizing sport hunting in national reduction efforts, which is defined as 12866. preserves in Alaska. However, states efforts with the intent or potential to have primary jurisdiction to manage alter or manipulate natural predator- Regulatory Flexibility Act wildlife throughout their state. In prey dynamics and associated natural This rule will not have a significant addition, NPS has broad discretion in ecological processes, in order to economic effect on a substantial number managing wildlife on national preserves increase harvest of ungulates by of small entities under the Regulatory

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Flexibility Act (5 U.S.C. 601 et seq.). summary impact statement is not Effects on the Energy Supply (Executive This certification is based on the cost- required. Order 13211) benefit and regulatory flexibility Civil Justice Reform (Executive Order This rule is not a significant energy analyses found in the report entitled 12988) action under the definition in Executive ‘‘Cost-Benefit and Regulatory Flexibility Order 13211. A Statement of Energy Analyses: Proposed Revisions to Sport This rule complies with the Effects in not required. Hunting and Trapping Regulations in requirements of Executive Order 12988. National Preserves in Alaska’’ which This rule: Clarity of This Rule can be viewed online at http:// (a) Meets the criteria of section 3(a) The NPS is required by Executive parkplanning.nps.gov/akro. requiring that all regulations be Orders 12866 (section 1(b)(12)) and Small Business Regulatory Enforcement reviewed to eliminate errors and 12988 (section 3(b)(1)(B)), and 13563 Fairness Act ambiguity and be written to minimize (section 1(a)), and by the Presidential litigation; and This rule is not a major rule under 5 Memorandum of June 1, 1998, to write (b) Meets the criteria of section 3(b)(2) all rules in plain language. This means U.S.C. 804(2), the Small Business requiring that all regulations be written Regulatory Enforcement Fairness Act. that each rule the NPS publishes must: in clear language and contain clear legal (a) Be logically organized; This rule: standards. (a) Does not have an annual effect on (b) Use the active voice to address the economy of $100 million or more. Consultation With Indian Tribes readers directly; (b) Will not cause a major increase in (Executive Order 13175 and (c) Use common, everyday words and costs or prices for consumers, Department Policy) clear language rather than jargon; individual industries, federal, state, or The Department of the Interior strives (d) Be divided into short sections and local government agencies, or to strengthen its government-to sentences; and geographic regions. government relationship with Indian (e) Use lists and tables wherever (c) Does not have significant adverse Tribes through a commitment to possible. effects on competition, employment, consultation with Indian Tribes and If you feel that the NPS has not met investment, productivity, innovation, or recognition of their right to self- these requirements, send the NPS the ability of U.S.-based enterprises to governance and tribal sovereignty. We comments by one of the methods listed compete with foreign-based enterprises. have evaluated this rule under the in the ADDRESSES section. To better help Unfunded Mandates Reform Act (2 criteria in Executive Order 13175 and the NPS revise the rule, your comments U.S.C. 1531 et seq.) under the Department’s tribal should be as specific as possible. For This rule does not impose an consultation and Alaska Native Claims example, you should identify the unfunded mandate on state, local, or Settlement Act (ANCSA) Native numbers of the sections or paragraphs tribal governments or the private sector Corporation policies and have that you find unclear, which sections or of more than $100 million per year. The determined that the rule may have sentences are too long, the sections rule does not have a significant or substantial direct effect on federally where you feel lists or tables would be unique effect on state, local or tribal recognized Indian tribes. The NPS has useful, etc. invited Alaska native tribes and governments or the private sector. It Public Participation addresses public use of national park corporations to consult on the proposed lands, and imposes no requirements on rule and has consulted with those tribes It is the policy of the Department of other agencies or governments. A and corporations that have requested the Interior, whenever practicable, to statement containing the information consultation. afford the public an opportunity to participate in the rulemaking process. required by the Unfunded Mandates Paperwork Reduction Act Reform Act is not required. Accordingly, interested persons may This rule does not contain submit written comments regarding this Takings (Executive Order 12630) information collection requirements, proposed rule by one of the methods This rule does not effect a taking of and a submission to the Office of listed in the ADDRESSES section of this private property or otherwise have Management and Budget under the document. Paperwork Reduction Act is not takings implications under Executive Public Availability of Comments Order 12630. A takings implication required. The NPS may not conduct or assessment is not required. sponsor and you are not required to Before including your address, phone respond to a collection of information number, email address, or other Federalism (Executive Order 13132) unless it displays a currently valid OMB personal identifying information in your Under the criteria in section 1 of control number. comment, you should be aware that Executive Order 13132, the rule does your entire comment—including your National Environmental Policy Act not have sufficient federalism personal identifying information—may implications to warrant the preparation NPS will prepare an environmental be made publicly available at any time. of a Federalism summary impact assessment to determine whether this While you can ask the NPS in your statement. This proposed rule only rule will have a significant impact on comment to withhold your personal affects use of federally-administered the quality of the human environment identifying information from public lands and waters. It has no outside under the National Environmental review, the NPS cannot guarantee that it effects on other areas. A Federalism Policy Act of 1969 (NEPA). will be able to do so.

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List of Subjects in 36 CFR Part 13 PART 13—NATIONAL PARK SYSTEM § 13.1 [Amended] UNITS IN ALASKA ■ 2. In § 13.1 remove the definitions of Alaska, National Parks, Reporting and ‘‘Big game’’, ‘‘Cub bear’’, ‘‘Fur animal’’, recordkeeping requirements. ■ 1. The authority citation for part 13 and ‘‘Furbearer’’. In consideration of the foregoing, the continues to read as follows: § 13.42 [Amended] National Park Service proposes to Authority: 16 U.S.C. 3124; 54 U.S.C. ■ 3. In § 13.42, remove and reserve amend 36 CFR part 13 as set forth 100101, 100751, 320102; Sec. 13.1204 also paragraphs (f) and (g). below: issued under Sec. 1035, Pub. L. 104–333, 110 Stat. 4240. David L. Bernhardt, Deputy Secretary. [FR Doc. 2018–10735 Filed 5–21–18; 8:45 am] BILLING CODE 4310–EJ–P

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