Federal Register / Vol. 83, No. 100 / Wednesday, May 23, 2018 / Rules and Regulations 23813

DEPARTMENT OF AGRICULTURE Anchorage, AK 99503, or on the Office concurrence of the Secretary of of Subsistence Management website Agriculture. Forest Service (https://www.doi.gov/subsistence). Through the Board, these agencies FOR FURTHER INFORMATION CONTACT: participate in the development of 36 CFR Part 242 Chair, Federal Subsistence Board, c/o regulations for subparts C and D, which, U.S. Fish and Wildlife Service, among other things, set forth program DEPARTMENT OF THE INTERIOR Attention: Eugene R. Peltola, Jr., Office eligibility and specific harvest seasons of Subsistence Management; (907) 786– and limits. Fish and Wildlife Service 3888 or [email protected]. For In administering the program, the questions specific to National Forest Secretaries divided into 10 50 CFR Part 100 System lands, contact Thomas Whitford, subsistence resource regions, each of Regional Subsistence Program Leader, which is represented by a Federal [Docket No. FWS–R7–SM–2015–0159; Subsistence Regional Advisory Council FXFR13350700640–167–FF07J00000; USDA, Forest Service, Alaska Region; FBMS#4500096963] (907) 743–9461 or [email protected]. (Council). The Councils provide a forum SUPPLEMENTARY INFORMATION: for rural residents with personal RIN 1018–BB22 knowledge of local conditions and Background resource requirements to have a Subsistence Management Regulations meaningful role in the subsistence for Public Lands in Alaska— Under Title VIII of the Alaska National Interest Lands Conservation management of fish and wildlife on Applicability and Scope; Tongass Federal public lands in Alaska. The National Forest Submerged Lands Act (ANILCA) (16 U.S.C. 3111–3126), the Secretary of the Interior and the Council members represent varied AGENCY: Forest Service, Agriculture; Secretary of Agriculture (Secretaries) geographical, cultural, and user interests Fish and Wildlife Service, Interior. jointly implement the Federal within each region. ACTION: Final rule. Subsistence Management Program. This Jurisdictional Background and program provides a preference for take Perspective SUMMARY: The U.S. District Court for of fish and wildlife resources for Alaska in its October 17, 2011, order in subsistence uses on Federal public The Peratrovich case dates back to Peratrovich et al. v. United States and lands and waters in Alaska. The 1992 and has a long and involved the State of Alaska, 3:92–cv–0734–HRH Secretaries published temporary procedural history. The plaintiffs in that (D. Alaska), enjoined the United States regulations to carry out this program in litigation raised the question of which marine waters in the Tongass National ‘‘to promptly initiate regulatory the Federal Register on June 29, 1990 Forest, if any, are subject to the proceedings for the purpose of (55 FR 27114), and published final jurisdiction of the Federal Subsistence implementing the subsistence regulations in the Federal Register on Management Program. In its May 31, provisions in Title VIII of the Alaska May 29, 1992 (57 FR 22940). The 2011, order, the U.S. District Court for National Interest Lands Conservation Program has subsequently amended Alaska (Court) stated that ‘‘it is the duty Act (ANILCA) with respect to these regulations a number of times. of the Secretaries [Agriculture & submerged public lands within Tongass Because this program is a joint effort Interior] to identify any submerged National Forest’’ and directed entry of between Interior and Agriculture, these lands (and the marine waters overlying judgment. To comply with the order, the regulations are located in two titles of them) within the Tongass National Federal Subsistence Board (Board) the Code of Federal Regulations (CFR): initiated a regulatory proceeding to Forest to which the United States holds Title 36, ‘‘Parks, Forests, and Public title.’’ It also stated that, if such title identify those submerged lands within Property,’’ and Title 50, ‘‘Wildlife and the that did not exists, it ‘‘creates an interest in [the Fisheries,’’ at 36 CFR 242.1–242.28 and overlying] waters sufficient to make pass to the State of Alaska at statehood 50 CFR 100.1–100.28, respectively. The and, therefore, remain Federal public those marine waters public lands for regulations contain subparts as follows: purposes of [the subsistence provisions] lands subject to the subsistence Subpart A, General Provisions; Subpart provisions of ANILCA. Following the of ANILCA.’’ B, Program Structure; Subpart C, Board Most of the marine waters within the Court’s decision, the Bureau of Land Determinations; and Subpart D, Tongass National Forest were not Management (BLM) and the USDA– Subsistence Taking of Fish and Wildlife. initially identified in the regulations as Forest Service (USDA–FS) started a Consistent with subpart B of these public lands subject to the subsistence review of hundreds of potential pre- regulations, the Secretaries established a priority based upon a determination that statehood (January 3, 1959) withdrawals Federal Subsistence Board to administer the submerged lands were State lands, in the marine waters of the Tongass the Federal Subsistence Management and later through reliance upon a National Forest. In April and October of Program. The Board comprises: disclaimer of interest filed by the United 2015, BLM submitted initial lists of • A Chair appointed by the Secretary States in Alaska v. United States, No. submerged public lands to the Board. of the Interior with concurrence of the 128 Orig., 546 U.S. 413 (2006). In that This rule adds those submerged parcels Secretary of Agriculture; case, the State of Alaska had sought to to the subsistence regulations to ensure • The Alaska Regional Director, U.S. quiet title to all lands underlying marine compliance with the Court order. Fish and Wildlife Service; waters in , which Additional listings will be published as • The Alaska Regional Director, includes most of the Tongass National BLM and the USDA–FS continue their National Park Service; • Forest. Ultimately, the United States review of pre-statehood withdrawals. The Alaska State Director, Bureau of Land Management; disclaimed ownership to most of the DATES: This rule is effective June 22, • The Alaska Regional Director, submerged lands in the Tongass 2018. Bureau of Indian Affairs; National Forest. The Supreme Court ADDRESSES: The Board meeting • The Alaska Regional Forester, accepted the disclaimer by the United transcripts are available for review at USDA Forest Service; and States to title to the marine waters the Office of Subsistence Management, • Two public members appointed by within the Tongass National Forest, 1011 East Tudor Road, Mail Stop 121, the Secretary of the Interior with excepting from that disclaimer several

VerDate Sep<11>2014 16:18 May 22, 2018 Jkt 244001 PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 E:\FR\FM\23MYR1.SGM 23MYR1 daltland on DSKBBV9HB2PROD with RULES 23814 Federal Register / Vol. 83, No. 100 / Wednesday, May 23, 2018 / Rules and Regulations

classes of submerged public lands that ongoing and expected to take quite some patents 50–68–0194 and 50–90–0276. generally involve small tracts. Alaska v. time. Neither of the patents includes the United States, 546 U.S. at 415. submerged lands that are the subject of Current Rule When the United States took over the this rule. Specifically, patent number subsistence program in Alaska in 1990, The Departments published a 50–68–0194 includes Lot 82 of U.S. the Departments of the Interior and proposed rule on June 8, 2016 (81 FR Survey 1763, which encompasses the Agriculture stated in response to 36836), to amend the applicability and upland area of Makhnati Island. comments on the scope of the program scope section of subpart A of 36 CFR However, the patent does not include during promulgation of the interim part 242 and 50 CFR part 100. The either the adjacent submerged lands or regulations that ‘‘the United States proposed rule opened a comment the fill lands that connect Makhnati generally does not hold title to period, which closed on August 8, 2016, Island to the rest of the chain of islands. navigable waters and thus navigable and also announced public meetings to Similarly, patent 50–90–0267 includes waters generally are not included within be held in several different locations lands surveyed on Japonski Island in the definition of public lands’’ (55 FR throughout the state between September U.S. Survey 1496, but it does not grant 27115; June 29, 1990). That position was 28 and November 2, 2016. The ownership to the State of any adjacent changed in 1999 when the subsistence Departments advertised the proposed submerged lands. priority was extended to waters subject rule by mail, email, web page, social The Southeast Alaska Regional to a Federal reserved water right media, radio, and newspaper, and Advisory Council had no objections to following the Katie John litigation. The comments were submitted via these lands coming under Federal Board identified certain submerged www.regulations.gov to Docket No. subsistence jurisdiction. They did marine lands that did not pass to the FWS–R7–SM–2015–0159. During that comment that they felt they could not State and, therefore, where the period, the Councils met and, in offer constructive discussion or provide subsistence priority applied. However, addition to other Council business, a valuable recommendation; they the Board did not attempt to identify received comments from the public and addressed the desire for maps to be each and every small parcel of developed recommendations to the produced on each of these parcels, submerged public lands and thereby Board. The Councils had an opportunity asked if the lands were aids to marine water possibly subject to the to review the proposed rule and make navigation, were the lands fully or Federal Subsistence Management recommendations for the final rule as partially submerged, and if there was a Program because of the potentially described in more detail below. Federal interest in these lands. The Board met via a public overwhelming administrative burden. Responses will have to be researched teleconference on May 25, 2017. All Instead the Board invited the public to since it was not provided in the listings briefings and documents presented to petition to have submerged marine provided by BLM. The North Slope and the Board were available to the public lands included. Over the years, several Yukon-Kuskokwim Regional Advisory on the Program’s web page and was small areas of submerged marine lands Councils deferred to the Southeast advertised by mail, email, web page, in the Tongass National Forest have Council. The Northwest Arctic Regional social media, radio, and newspaper. been identified as public lands subject Advisory Council approved as written After a briefing and deliberation the to the subsistence priority. in the proposed rule. The Kodiak, In its May 31, 2011, order, the Court Board decided on the following Southcentral Alaska, Eastern Interior stated that the petition process was not recommendation to the Secretaries: Alaska, Seward Peninsula, and Bristol sufficient and found that ‘‘concerns ‘‘The Federal Subsistence Board Bay Regional Advisory Councils had no about costs and management problems recommends to the Secretaries that the comments and took no action. simply cannot trump the congressional lands listed in the proposed rule of June Tribal consultation was offered policy that the subsistence lifestyle of 8, 2016 (81 FR 36836) be included in the statewide. No tribal entity requested rural Alaskans be preserved as to public Subsistence Management Regulations specific consultation and no comments lands.’’ The Court acknowledged in its for Public Lands in Alaska (36 CFR 242 were offered via correspondence, during order that inventorying all these lands and 50 CFR 100) for the purpose of public hearings, or during consultations could be an expensive undertaking, but implementing the subsistence on different issues. that it is a burden ‘‘necessitated by the provisions in Title VIII of the Alaska Because this rule concerns public ‘complicated regulatory scheme’ which National Interest Lands Conservation lands managed by an agency or agencies has resulted from the inability of the Act.’’ in both the Departments of Agriculture State of Alaska to implement Title VIII These final regulations reflect the and the Interior, identical text will be of ANILCA.’’ The Court then ‘‘enjoined’’ Board’s recommendation to the incorporated into 36 CFR part 242 and the United States ‘‘to promptly initiate Secretaries after review and 50 CFR part 100. regulatory proceedings for the purpose consideration of Council of implementing the subsistence recommendations, Tribal and Alaska Conformance With Statutory and provisions in Title VIII of ANILCA with Native corporation consultations, and Regulatory Authorities respect to submerged public lands public comments. The public received within Tongass National Forest’’ and Administrative Procedure Act extensive opportunity to review and Compliance directed entry of judgment. comment on all changes. The BLM and USDA–FS started a The Board has provided extensive time- and resource-consuming review of Summary of Comments Received and opportunity for public input and hundreds of potential pre-statehood Responses involvement in compliance with (January 3, 1959) withdrawals in the The Board received one public Administrative Procedure Act marine waters of the Tongass National comment from the State of Alaska. They requirements, including publishing a Forest. Both agencies are reviewing their did not object to the new listings, proposed rule in the Federal Register, records to identify dock sites, log however they did claim ownership over participation in multiple Council transfer sites, and other areas that may the Makhnati Island submerged lands. meetings, additional public review and not have passed to the State at We conferred with the Bureau of Land comment on all proposals for regulatory statehood. The review process is Management regarding the scope of change, and opportunity for additional

VerDate Sep<11>2014 16:18 May 22, 2018 Jkt 244001 PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 E:\FR\FM\23MYR1.SGM 23MYR1 daltland on DSKBBV9HB2PROD with RULES Federal Register / Vol. 83, No. 100 / Wednesday, May 23, 2018 / Rules and Regulations 23815

public comment during the Board subsistence regulations. A lapse in alternatives for developing a Federal meeting prior to deliberation. regulatory control could affect the Subsistence Management Program was Additionally, an administrative continued viability of fish or wildlife distributed for public comment on mechanism exists (and has been used by populations and future subsistence October 7, 1991. The Final the public) to request reconsideration of opportunities for rural Alaskans, and Environmental Impact Statement (FEIS) the Board’s decision on any particular would generally fail to serve the overall was published on February 28, 1992. proposal for regulatory change (36 CFR public interest. Therefore, the Board The Record of Decision (ROD) on 242.20 and 50 CFR 100.20). Therefore, finds good cause pursuant to 5 U.S.C. Subsistence Management for Federal the Board believes that sufficient public 553(d)(3) to make this rule effective Public Lands in Alaska was signed April notice and opportunity for involvement upon the date set forth in DATES to 6, 1992. The selected alternative in the have been given to affected persons ensure continued operation of the FEIS (Alternative IV) defined the regarding Board decisions. subsistence program. administrative framework of an annual In the more than 25 years that the National Environmental Policy Act regulatory cycle for subsistence Program has been operating, no benefit Compliance regulations. to the public has been demonstrated by A Draft Environmental Impact The following Federal Register delaying the effective date of the Statement that described four 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 activi- ties 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 Subsist- ence Board’s management to all Federal lands se- lected under the Alaska Native Claims Settlement Act and the Alaska Statehood Act and situated with- in 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 Alas- ka 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 Federal Subsistence Board may delegate to agency field officials and clarified the procedures for enacting emergency or temporary restrictions, closures, or openings. 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 require- ment that Regional Advisory Councils must have an odd number of members. 68 FR 23035 ...... April 30, 2003 ...... Affirmation of Direct Final Because no adverse comments were received on the Rule. direct final rule (67 FR 30559), 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 def- inition 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 ju- risdiction 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 sub- sistence 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. 75 FR 63088 ...... October 14, 2010 ...... Final Rule ...... Amended the regulations for accepting and addressing special action requests and the role of the Regional Advisory Councils in the process.

VerDate Sep<11>2014 16:18 May 22, 2018 Jkt 244001 PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 E:\FR\FM\23MYR1.SGM 23MYR1 daltland on DSKBBV9HB2PROD with RULES 23816 Federal Register / Vol. 83, No. 100 / Wednesday, May 23, 2018 / Rules and Regulations

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

76 FR 56109 ...... September 12, 2011 ...... Final Rule ...... Revised the composition of the Federal Subsistence Board by expanding the Board by two public mem- bers who possess personal knowledge of and direct experience with subsistence uses in rural Alaska. 77 FR 12477 ...... March 1, 2012 ...... Final Rule ...... Extended the compliance date for the final rule (72 FR 25688) that revised nonrural determinations until the Secretarial program review is complete or in 5 years, whichever comes first. 80 FR 68249 ...... November 4, 2015 ...... Final Rule ...... Revised the nonrural determination process and al- lowed the Federal Subsistence Board to define which communities and areas are nonrural.

A 1997 environmental assessment Office of Management and Budget the resources to be harvested under this dealt with the expansion of Federal (OMB) control number. This rule does rule are already being harvested and jurisdiction over fisheries and is not contain any new collections of consumed by the local harvester and do available at the office listed under FOR information that require OMB approval. not result in an additional dollar benefit FURTHER INFORMATION CONTACT. The OMB has reviewed and approved the to the economy. However, we estimate Secretary of the Interior, with collections of information associated that two million pounds of meat are concurrence of the Secretary of with the subsistence regulations at 36 harvested by subsistence users annually Agriculture, determined that expansion CFR part 242 and 50 CFR part 100, and and, if given an estimated dollar value of Federal jurisdiction does not assigned OMB Control Number 1018– of $3.00 per pound, this amount would constitute a major Federal action 0075, which expires June 30, 2019. equate to about $6 million in food value significantly affecting the human Statewide. Based upon the amounts and Regulatory Planning and Review environment and, therefore, signed a values cited above, the Departments (Executive Orders 12866 and 13563) Finding of No Significant Impact. certify that this rulemaking will not Executive Order 12866 provides that have a significant economic effect on a Section 810 of ANILCA the Office of Information and Regulatory substantial number of small entities An ANILCA section 810 analysis was Affairs (OIRA) in the Office of within the meaning of the Regulatory completed as part of the FEIS process on Management and Budget will review all Flexibility Act. the Federal Subsistence Management significant rules. OIRA has determined Program. The intent of all Federal that this rule is not significant. Small Business Regulatory Enforcement subsistence regulations is to accord Executive Order 13563 reaffirms the Fairness Act subsistence uses of fish and wildlife on principles of E.O. 12866 while calling Under the Small Business Regulatory public lands a priority over the taking for improvements in the nation’s Enforcement Fairness Act (5 U.S.C. 801 of fish and wildlife on such lands for regulatory system to promote et seq.), this rule is not a major rule. It other purposes, unless restriction is predictability, to reduce uncertainty, does not have an effect on the economy necessary to conserve healthy fish and and to use the best, most innovative, of $100 million or more, will not cause wildlife populations. The final section and least burdensome tools for a major increase in costs or prices for 810 analysis determination appeared in achieving regulatory ends. The consumers, and does not have the April 6, 1992, ROD and concluded executive order directs agencies to significant adverse effects on that the Program, under Alternative IV consider regulatory approaches that competition, employment, investment, with an annual process for setting reduce burdens and maintain flexibility productivity, innovation, or the ability subsistence regulations, may have some and freedom of choice for the public of U.S.-based enterprises to compete local impacts on subsistence uses, but where these approaches are relevant, with foreign-based enterprises. will not likely restrict subsistence uses feasible, and consistent with regulatory significantly. objectives. E.O. 13563 emphasizes Executive Order 12630 During the subsequent environmental further that regulations must be based Title VIII of ANILCA requires the assessment process for extending on the best available science and that Secretaries to administer a subsistence fisheries jurisdiction, an evaluation of the rulemaking process must allow for priority on public lands. The scope of the effects of this rule was conducted in public participation and an open this Program is limited by definition to accordance with section 810. That exchange of ideas. We have developed certain public lands. Likewise, these evaluation also supported the this rule in a manner consistent with regulations have no potential takings of Secretaries’ determination that the rule these requirements. private property implications as defined will not reach the ‘‘may significantly by Executive Order 12630. Regulatory Flexibility Act restrict’’ threshold that would require Unfunded Mandates Reform Act notice and hearings under ANILCA The Regulatory Flexibility Act of 1980 section 810(a). (5 U.S.C. 601 et seq.) requires The Secretaries have determined and preparation of flexibility analyses for certify pursuant to the Unfunded Paperwork Reduction Act of 1995 (PRA) rules that will have a significant effect Mandates Reform Act, 2 U.S.C. 1502 et An agency may not conduct or on a substantial number of small seq., that this rulemaking will not sponsor and you are not required to entities, which include small impose a cost of $100 million or more respond to a collection of information businesses, organizations, or in any given year on local or State unless it displays a currently valid governmental jurisdictions. In general, governments or private entities. The

VerDate Sep<11>2014 16:18 May 22, 2018 Jkt 244001 PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 E:\FR\FM\23MYR1.SGM 23MYR1 daltland on DSKBBV9HB2PROD with RULES Federal Register / Vol. 83, No. 100 / Wednesday, May 23, 2018 / Rules and Regulations 23817

implementation of this rule is by actions. However, this rule is not a remove ‘‘145 51′ ’’ and add in its place Federal agencies, and there is no cost significant regulatory action under E.O. ‘‘145°51′ ’’; imposed on any State or local entities or 13211, affecting energy supply, ■ d. In paragraph (b)(3), remove the tribal governments. distribution, or use, and no Statement of word ‘‘cape’’ and add in its place the Energy Effects is required. word ‘‘Cape’’ and remove ‘‘161 46′ ’’ and Executive Order 12988 ° ′ Drafting Information add in its place ‘‘161 46 ’’; and The Secretaries have determined that ■ e. Revise paragraph (b)(5). these regulations meet the applicable Theo Matuskowitz drafted these The revision reads as follows: standards provided in sections 3(a) and regulations under the guidance of 3(b)(2) of Executive Order 12988, Eugene R. Peltola, Jr. of the Office of § ll.3 Applicability and scope. regarding civil justice reform. Subsistence Management, Alaska * * * * * Regional Office, U.S. Fish and Wildlife Executive Order 13132 (b) * * * Service, Anchorage, Alaska. Additional (5) Southeastern Alaska, including In accordance with Executive Order assistance was provided by the: 13132, the rule does not have sufficient • Daniel Sharp, Alaska State Office, (i) Makhnati Island Area: Land and Federalism implications to warrant the Bureau of Land Management; waters beginning at the southern point preparation of a Federalism summary • Mary McBurney, Alaska Regional of Fruit Island, 57°02′35″ north latitude, impact statement. Title VIII of ANILCA Office, National Park Service; 135°21′07″ west longitude as shown on precludes the State from exercising • Dr. Glenn Chen, Alaska Regional United States Coast and Geodetic subsistence management authority over Office, Bureau of Indian Affairs; Survey Chart No. 8244, May 21, 1941; fish and wildlife resources on Federal • Carol Damberg, Alaska Regional from the point of beginning, by metes lands unless it meets certain Office, U.S. Fish and Wildlife Service; and bounds; S 58° W, 2,500 feet, to the requirements. and • Thomas Whitford, Alaska Regional southern point of Nepovorotni Rocks; S Executive Order 13175 Office, USDA Forest Service. 83° W, 5,600 feet, on a line passing through the southern point of a small The Alaska National Interest Lands List of Subjects Conservation Act, Title VIII, does not island lying about 150 feet south of ° provide specific rights to tribes for the 36 CFR Part 242 Makhnati Island; N 6 W, 4,200 feet, on a line passing through the western point subsistence taking of wildlife, fish, and Administrative practice and of a small island lying about 150 feet shellfish. However, the Board provided procedure, Alaska, Fish, National west of Makhnati Island, to the Federally recognized Tribes and Alaska forests, Public lands, Reporting and Native corporations opportunities to northwestern point of Signal Island; N recordkeeping requirements, Wildlife. ° ° ′ ″ consult on this rule. Consultation with 24 E, 3,000 feet, to a point, 57 03 15 ° ′ ″ Alaska Native corporations are based on 50 CFR Part 100 north latitude, 134 23 07 west Public Law 108–199, div. H, Sec. 161, Administrative practice and longitude; East, 2,900 feet, to a point in Jan. 23, 2004, 118 Stat. 452, as amended procedure, Alaska, Fish, National course No. 45 in meanders of U.S. by Public Law 108–447, div. H, title V, forests, Public lands, Reporting and Survey No. 1496, on west side of Sec. 518, Dec. 8, 2004, 118 Stat. 3267, recordkeeping requirements, Wildlife. Japonski Island; southeasterly, with the which provides that: ‘‘The Director of meanders of Japonski Island, U.S. Regulation Promulgation the Office of Management and Budget Survey No. 1,496 to angle point No. 35, and all Federal agencies shall hereafter For the reasons set out in the on the southwestern point of Japonski ° consult with Alaska Native corporations preamble, the Federal Subsistence Island; S 60 E, 3,300 feet, along the on the same basis as Indian tribes under Board amends title 36, part 242, and boundary line of Naval reservation Executive Order No. 13175.’’ title 50, part 100, of the Code of Federal described in Executive Order No. 8216, The Secretaries, through the Board, Regulations, as set forth below. July 25, 1939, to the point of beginning, provided a variety of opportunities for and that part of Sitka Bay lying south of consultation: commenting on proposed PART—SUBSISTENCE MANAGEMENT Japonski Island and west of the main changes to the existing rule; engaging in REGULATIONS FOR PUBLIC LANDS IN channel, but not including Aleutski dialogue at the Council meetings; ALASKA Island as revoked in Public Land Order 925, October 27, 1953, described by engaging in dialogue at the Board’s ■ 1. The authority citation for both 36 meetings; and providing input in metes and bounds as follows: Beginning CFR part 242 and 50 CFR part 100 at the southeast point of Japonski Island person, by mail, email, or phone at any continues to read as follows: time during the rulemaking process. at angle point No. 7 of the meanders of On January 10, 2017, the Board Authority: 16 U.S.C. 3, 472, 551, 668dd, U.S. Survey No. 1496; thence east provided Federally recognized Tribes 3101–3126; 18 U.S.C. 3551–3586; 43 U.S.C. approximately 12.00 chains to the and Alaska Native Corporations a 1733. center of the main channel; thence S 45° E. along the main channel specific opportunity to consult on this Subpart A—General Provisions rule prior to the start of its public approximately 20.00 chains; thence S ° regulatory meeting. Federally ■ 2. In subpart A of 36 CFR part 242 and 45 W, approximately 9.00 chains to the recognized Tribes and Alaska Native 50 CFR part 100, amend § ll.3 as southeastern point of Aleutski Island; ° Corporations were notified by mail and follows: thence S 79 W, approximately 40.00 telephone and were given the ■ a. In paragraph (a), remove the words chains to the southern point of Fruit opportunity to attend in person or via ‘‘Title VIII or ANILCA’’ and add in their Island; thence N 60° W, approximately teleconference. place the words ‘‘Title VIII of ANILCA’’; 50.00 chains to the southwestern point ■ b. In paragraph (b)(1)(iii), remove the of Japonski Island at angle point No. 35 Executive Order 13211 word ‘‘A’’ and add in its place the word of U.S. Survey No. 1496; thence easterly This Executive Order requires ‘‘All’’; with the meanders of Japonski Island to agencies to prepare Statements of ■ c. In paragraph (b)(2), remove ‘‘70 the point of beginning including Energy Effects when undertaking certain 10′ ’’ and add in its place ‘‘70°10′ ’’ and Charcoal, Harbor, Alice, Love, and Fruit

VerDate Sep<11>2014 16:18 May 22, 2018 Jkt 244001 PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 E:\FR\FM\23MYR1.SGM 23MYR1 daltland on DSKBBV9HB2PROD with RULES 23818 Federal Register / Vol. 83, No. 100 / Wednesday, May 23, 2018 / Rules and Regulations

islands and a number of smaller running across the point to 1,520 feet feet to an intersection with the low- unnamed islands. true south from the high-water line at water line; thence northwesterly and (ii) Tongass National Forest: the northernmost extremity. Map northerly following the windings of the (A) Beacon Point, Frederick Sound, includes all adjacent rocks and ledges low-water line to the point of the and Kupreanof Island are shown on the not covered at low water and also beginning (Approx. Long. 133°04′ W, U.S. Coast and Geodetic Survey Chart includes two rocks awash about 11⁄4 Lat. 56°20′ N). No. 8210—Sheet No. 16. The reference nautical miles east and South and 75° (J) Mountain Point and Wrangell location is marked as 57 south, 79 east, East, respectively, from the Narrows, Alaska, are shown on the U.S. CRM, SEC 8, U.S. Survey No. 1604. The aforementioned point (Approx. Long. Coast and Geodetic Survey Chart No. point begins on the low-water line at N 133°12′ W, Lat. 56°20′ N). 8170—Sheet No. 27. The location begins 63° W, true and approximately 1,520 (E) Vank Island and Stikine Strait are at a point on a low-water line southerly feet from Beacon Point beacon; thence shown on the U.S. Coast and Geodetic from the center of Mountain Point due south true 1,520 feet; thence true Survey Chart No. 8160—Sheet No. 18. Beacon and distant there from 1,520 feet East 1,800 feet, more or less to an Located at 62 south, 82 east, CRM, SEC in a direct line; thence true west 1,520 intersection with a low-water line; 34, on the map labeled as USS 1648. feet; thence true north, more or less, thence following, is the low-water line This part of the island is lying south of 3,480 feet to an intersection with the round the point to point of the a true east-and-west line that is drawn low-water line; thence southeasterly and beginning (Approx. Long. 133°00′ W, across the island from low water to low southerly following the windings of the Lat. 56°561⁄4′ N). water. Island is 760 feet due North from low-water line to the point of the (B) Bushy Island and Snow Passage the center of the concrete pier upon beginning (Approx. Long. 132°571⁄2′ W, are shown on the U.S. Coast and which the structure for the light is Lat. 56°44′ N). Geodetic Survey Chart, labeled No. erected (Approx. Long. 132°35′ W, Lat. (K) Angle Point, Revillagigedo 8160—Sheet No. 12. The reference 56°27′ N). Channel, and Bold Island are shown on location is marked as 64 south, 80 east, (F) High Point, and Woronkofski the U.S. Coast and Geodetic Survey CRM, SEC. 31/32 on the map labeled, Island, Alaska, are shown on the U.S. Chart No. 8075—Sheet No. 3. The USS 1607. The point begins on a low- Coast and Geodetic Survey Chart No. reference location is marked as 76 water line about 1⁄4 nautical miles and 8160—Sheet No. 18. The location begins south, 92 east, CRM, USS 1603. The southwesterly from the northwest point at a point on low water at the head of location begins at a point on a low-water of the island, from which a left tangent the first bight easterly of the point and line abreast of the lighthouse on Angle to an island that is 300 yards in about 1⁄8 nautical mile distant therefrom; Point, the southwestern extremity of diameter and 100 yards offshore, bears thence south true 1,520 feet; thence Bold Island; thence easterly along the the location—N 60° W, true; thence S west true 1,100 feet, more or less to an low-water line to a point that is 3,040 60° E, true and more or less 2,000 feet intersection with the low-water line; feet in a straight line from the beginning to an intersection with a low-water line thence northerly and easterly, following point; thence N 30° W, True 3,040 feet; on the easterly side of the island; thence the windings of the low-water line to thence true west to an intersection with forward along the winding of the low- point of the beginning (Approx. Long. the low-water line, 3,000 feet, more or water line northwesterly and 132°33′ W, Lat. 56°24′ N). less; thence southeasterly along the low- southwesterly to the point of the (G) Key Reef and Clarence Strait are water line to the point of the beginning beginning, including all adjacent rocks shown on the U.S Coast and Geodetic (Approx. Long. 131°26′ W, Lat. 55°14′ and reefs not covered at low water Survey Chart No. 8160—Sheet No. 11. N). (Approx. Long. 132°58′ W, Lat. 56°161⁄2′ The reef lies 13⁄4 miles S. 80° E, true, (L) Cape Chacon, , and N). from Bluff Island and becomes awash at Prince of Wales Island are shown on the (C) Cape Strait, Frederick Sound, and extreme high water. Chart includes all U.S Coast and Geodetic Survey Chart Kupreanof Island are shown on the U.S. adjacent ledges and rocks not covered at No. 8074—Sheet No. 29. The reference Coast and Geodetic Survey Chart No. low water (Approx. Long. 132°50′ W, location is marked as 83 south, 89 and 8210—Sheet No. 16. The reference Lat. 56°10′ N). 90 east, CRM, USS 1608. The location location is marked as 56 south, 77478 (H) Low Point and Zarembo Island, begins at a point at the low-water mark east, CRM, on the map labeled as USS Alaska, are shown on U.S. Coast and on the shore line of Dixon Entrance 1011. It begins at a point on a low-water Geodetic Survey Chart No. 8160—Sheet from which the southern extremity of line that is westerly from the lighthouse No. 22. The location begins at a point Cape Chacon bears south 64° true East and distant 1,520 feet in a direct line on a low-water line that is 760 feet in and approximately 3⁄4 nautical miles; from the center of the concrete pier a direct line, easterly, from the center of thence N 45° true East and about 1 upon which the light tower is erected; Low Point Beacon. The position is nautical mile, more or less, to an thence South 45° E, true by 1,520 feet; located on a point of shoreline about 1 intersection with a low-water line on thence east true by 1,520 feet, more or mile easterly from Low Point; thence S. the shore of Clarence Strait; thence less to an intersection with the low- 35° W, true 760 feet; thence N 800 feet southerly, following the meanderings of water line; thence north-westerly and and W 760 feet, more or less, to an the low-water line of the shore, to and westerly, following the windings of the intersection with the low-water line to around Cape Chacon, and continuing to low-water line to the point of beginning the point of beginning (Approx. Long. the point of the beginning. Reference (Approx. Long. 133°05′ W, Lat. 57°00′ 132°551⁄2′ W, Lat. 56°271⁄2′ N). includes all adjacent islands, islets, N). (I) McNamara Point and Zarembo rocks, and reefs that are not covered at (D) Point Colpoys and Sumner Strait Island, Alaska, are shown on U.S. Coast the low-water line (Approx. Long 132° are shown on the U.S. Coast and and Geodetic Survey Chart No. 8160— W, Lat. 54°42′ N). Geodetic Survey Chart No. 8160—Prince Sheet No. 25. Location begins at a point (M) Lewis Reef and Tongass Narrows of Wales Island—Sheet No. 12. The on a low-water line that is 1,520 feet in are shown on the U.S Coast and reference location is marked as 64 a direct line, northerly, from McNamara Geodetic Survey Chart No. 8094—Sheet south, 78 east, CRM, SECs. 10, 11, 12 on Point Beacon— a slatted tripod No. 71. The reference location is marked the map labeled as USS 1634. Location structure; thence true east 1,520 feet; as 75 south, 90 east, CRM, SEC 9. The is north of a true east-and-west line thence true south, more or less, 2,500 area point begins at the reef off of Lewis

VerDate Sep<11>2014 16:18 May 22, 2018 Jkt 244001 PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 E:\FR\FM\23MYR1.SGM 23MYR1 daltland on DSKBBV9HB2PROD with RULES Federal Register / Vol. 83, No. 100 / Wednesday, May 23, 2018 / Rules and Regulations 23819

Point and partly bare at low water. This as 74 south, 90 east, CRM, SEC 31. That (Approx. Long. 132°16′ W, Lat. 55°441⁄2′ part of the reef is not covered at low part of the reef is not covered at low N). water and lies on the northeast side of water and lies east of a true north-and- (W) Round Island and Cordova Bay, a true northwest-and-southeast line that south line, located 600 feet true west Alaska, are shown on the U.S coast and is located 300 feet true southwest from from the center of the concrete pier of Geodetic Survey Chart No. 8145—Sheet the center of the concrete pier of Lewis Rosa Reef Light. The reef is covered at No. 36. The Southwestern Island of the Reef Light (Approx. Long. 131°441⁄2′ W, high water (Approx. Long. 131°48′ W, group is about 700 yards Lat. 55°22′25″ N). Lat. 55°24′ 15″ N). long, including off-lying rocks and (N) Lyman Point and Clarence Strait (R) Ship Island and Clarence Strait are reefs that are not covered at low water ° 1 ′ ° are shown on the U.S Coast and shown on the U.S. Coast and Geodetic (Approx. Long. 132 30 ⁄2 W, Lat. 54 46 Geodetic Survey, Chart No. 8076—Sheet Survey Chart No. 8100—Sheet No. 9. 1/2′ N). No. 8. The reference location is marked The reference location is marked as (X) Mary Island begins at a point that as 73 south, 86 east, CRM, SEC 13, on south, 8 east, CRM, SEC 27. The point is placed at a low-water mark. The a map labeled as USS 2174 TRC. It begins as a small island on the aforementioned point is southward 500 begins at a point at the low-water mark. northwesterly side of the Clarence feet from a crosscut on the side of a The aforementioned point is 300 feet in Strait, about 10 nautical miles large rock on the second point below a direct line easterly from Lyman Point northwesterly from Caamano Point and Point Winslow and Mary Island; thence 3 4 light; thence due south 300 feet; thence 1⁄4 mile off the shore of Cleveland due west ⁄ mile, statute; thence due due west to a low-water mark 400 feet, Peninsula. The sheet includes all north to a low-water mark; thence more or less; thence following the adjacent islets and rocks not connected following the winding of the low water winding of the low-water mark to place to the main shore and not covered at to the place of the beginning (Approx. of beginning (Approx. Long. 132°18′ W, ° ′ Long. 131°11′ 00″ W, Lat. 55°05′ 55″ N). ° ′ low water (Approx. Long. 132 12 W, Lat. 35 35 N). Lat. 55°36′ N). (Y) Tree Point starts a point of a low- (O) Narrow Point, Clarence Strait, and (S) Spire Island Reef and water mark. The aforementioned point Prince of Wales Island are shown on the 1 2 Revillagigedo Channel are shown on the is southerly ⁄ mile from extreme U.S. Coast and Geodetic Survey Chart U.S. Coast and Geodetic Survey Chart westerly point of a low-water mark on No. 8100—Sheet No. 9. The reference No. 8075—Sheet No. 3. The reference Tree Point, on the Alaska Mainland; location is marked as 70 south, 84 east, 3 4 location is marked as 76 south, 92 east, thence due true east, ⁄ mile; thence CRM, on a map labeled as USS 1628. CRM, SEC 19.The detached reef, due north 1 mile; thence due west to a The point begins at a point on a low- covered at high water and partly bare at low-water mark; thence following the water line about 1 nautical mile low water, is located northeast of Spire winding of the low-water mark to the southerly from Narrow Point Light, from Island. Spire Island Light is located on place of the beginning (Approx. Long. which point a left tangent to a high- ° ′ ″ ° ′ ″ the reef and consists of small houses 130 57 44 W, Lat. 54 48 27 N). water line of an islet about 500 yards in * * * * * diameter and about 300 yards off shore, and lanterns surmounting a concrete ° pier. See chart for ‘‘Angle Pt.’’ (Approx. Dated: April 20, 2018. bears south 30 true East; thence north ° ′ ° ′ 30° W, true 7,600 feet; thence N 60° E, Long 131 30 W, Lat. 55 16 N). David E. Schmid, 3,200 feet, more or less to an (T) Surprise Point and Nakat Inlet are Acting Regional Forester, USDA–Forest intersection with a low-water line; shown on the U.S. Coast and Geodetic Service. thence southeasterly, southerly, and Survey Chart No. 8051—Sheet No. 1. Dated: May 15, 2018. southwesterly, following the winding of The reference location is marked as 80 David L. Bernhardt, south, 89 east, CRM. This point lies the low-water line to the point of the Deputy Secretary. Fish and Wildlife Service. beginning. The map includes all north of a true east-and-west line. The true east-and-west line lies 3,040 feet [FR Doc. 2018–10938 Filed 5–22–18; 8:45 am] adjacent rocks not covered at low water BILLING CODE 4310–55–P; 3411–15–P (Approx. Long. 132°28′ W, Lat. 55°471⁄2′ true south from the northernmost N). extremity of the point together with (P) Niblack Point, Cleveland adjacent rocks and islets (Approx. Long. ENVIRONMENTAL PROTECTION Peninsula, and Clarence Strait, Alaska, 130°44′ W, Lat. 54°49′ N). AGENCY are shown on the U.S. coast and (U) Caamano Point, Cleveland Peninsula, and Clarence Strait, Alaska, Geodetic Survey Chart No. 8102—Sheet 40 CFR Part 180 No. 6, which is the same sheet used for are shown on the U.S. Coast and Caamano Point. The location begins at Geodetic Survey Chart No. 8102—Sheet [EPA–HQ–OPP–2017–0035; FRL–9977–13] a point on a low-water line from which No. 6. Location consists of everything Niblack Point Beacon, a tripod anchored apart of the extreme south end of the Clopyralid; Pesticide Tolerances to three concrete piers, bears Cleveland Peninsula lying on a south AGENCY: Environmental Protection southeasterly and is 1,520 feet in a side of a true east-and-west line that is Agency (EPA). direct line; thence true northeast 1,520 drawn across the point at a distance of ACTION: Final rule. feet; thence true southeast 3,040 feet; 800 feet true north from the thence true southwest at 600 feet, more southernmost point of the low-water SUMMARY: This regulation establishes or less, to an intersection with a low- line. This includes off-lying rocks and tolerances for residues of clopyralid in water line; thence northwesterly islets that are not covered at low water or on multiple commodities which are following the windings of the low-water (Approx. Long. 131°59′ W, Lat. 55°30′ identified and discussed later in this line to the point of the beginning N). document. In addition, it removes (Approx. Long. 132°07′ W, Lat. 55°33′ (V) Meyers Chuck and Clarence Strait, certain previously established N). Alaska, are shown on the U.S. and tolerances that are superseded by this (Q) Rosa Reef and Tongass Narrows Geodetic Survey Chart No. 8124—Sheet final rule. Interregional Research Project are shown on the U.S. Coast and No. 26. The small island is about 150 Number 4 (IR–4) requested these Geodetic Survey Chart No. 8094—Sheet yards in diameter and located about 200 tolerances under the Federal Food, No. 71. The reference location is marked yards northwest of Meyers Island Drug, and Cosmetic Act (FFDCA).

VerDate Sep<11>2014 16:18 May 22, 2018 Jkt 244001 PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 E:\FR\FM\23MYR1.SGM 23MYR1 daltland on DSKBBV9HB2PROD with RULES