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Federal Register / Vol. 86, No. 148 / Thursday, August 5, 2021 / Rules and Regulations
River to beaver trapping downstream from its confluence with the Little Chena River by State trapping regulations, and the closure area encompasses the segment of the Rivers riparian corridor adjoining the BLM
Fairbanks District Office administrative site.
Supplementary rules 34, 7, and 10
11 are consistent with existing State laws or regulations and municipal ordinances and will facilitate cooperation between BLM Law Enforcement Rangers and local or State authorities. Supplementary rules 1, 5, and 89 are new. Supplementary rules 2, 6, and 1213 implement minor modifications or revisions to existing BLM regulations in order to improve enforcement and better align with the Fairbanks administrative sites urban environment.
The BLM published proposed supplementary rules in the Federal Register on November 21, 2017 82 FR
55340. Publication of the proposed rules started a 60-day public comment period that ended on January 22, 2018.
The BLM received 80 written comments on the proposed rule. One comment from a member of the public was supportive of prohibiting hunting and trapping at the administrative site.
The Alaska Department of Fish and Game asked for clarification that the rule would not prohibit the Department from issuing permits for the harvest of nuisance beavers from the Administrative site. The Department has issued such permits along the Chena River, near the Administrative site in the past. The BLM did not make any changes to the supplementary rules in response to Alaska Department of Fish and Games comment because the rule allows the BLM to provide exemptions for this type of activity. Persons, agencies, municipalities or companies holding a valid special-use permit from the BLM and operating within the scope of their permit are exempt from any of the supplementary rules that are in conflict with the permit. Additionally, the Authorized Officer has discretion to authorize exemptions from the supplementary rules. Therefore, the BLM could exempt a permittee authorized by the Alaska Department of Fish and Game to harvest nuisance beavers from the Administrative site from these supplementary rules either by issuing a BLM special-use permit or by issuing a specific exemption.
The remaining comments are not pertinent to these supplementary rules.
The BLM has not revised the rules in response to them.
On its own initiative, the BLM revised the proposed supplementary rules in
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order to clarify, simplify, and remove duplicative or unnecessary rules.
Through this process, the BLM reduced the number of rules from 27 to 13. For example, the proposed rule included three prohibited acts related to weapons and/or firearms. The BLM determined that these were duplicative and that prohibited act 3 is sufficient. The BLM
clarified that the definition of camping is limited to lands above mean high water on the Chena River.
The BLM revised the definition of explosives in order to update the definitions reference to a list of explosive materials published and revised at least annually in the Federal Register by the U.S. Department of Justice.
III. Procedural Matters Executive Order 12866 and 13563, Regulatory Planning and Review Executive Order 12866 provides that the Office of Information and Regulatory Affairs in the Office of Management and Budget will review all significant rules.
These supplementary rules are not a significant regulatory action and are not subject to review by the Office of Information and Regulatory Affairs under Executive Order 12866.
Executive Order 13563 reaffirms the principles of Executive Order 12866
while calling for improvements in the nations regulatory system to promote predictability, to reduce uncertainty, and to use the best, most innovative, and least burdensome tools for achieving regulatory ends. The executive order directs agencies to consider regulatory approaches that reduce burdens and maintain flexibility and freedom of choice for the public where these approaches are relevant, feasible, and consistent with regulatory objectives. Executive Order 13563
emphasizes further that regulations must be based on the best available science and that the rulemaking process must allow for public participation and an open exchange of ideas. The BLMs State Office in Alaska has developed these supplementary rules in a manner consistent with these requirements.
National Environmental Policy Act NEPA
These supplementary rules do not constitute a major Federal action significantly affecting the quality of the human environment. A detailed statement under the National Environmental Policy Act of 1969 is not required because the BLM reached a Finding of No Significant Impact FONSI. Through an interdisciplinary review, the BLM Eastern Interior Field
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Office prepared an Environmental Assessment DOIBLMAKF020
20170006EA and made it available on the BLM Eastern Interior Field Office NEPA register for public inspection on February 14, 2017, along with a draft FONSI. The Environmental Assessment and draft FONSI were available for public review on the BLM NEPA
register for 30 days. The BLMs State Office in Alaska did not receive any comments. The Eastern Interior Field Manager signed a Decision Record to move forward with the proposed supplementary rule on March 17, 2017.
These documents are available online at https eplanning.blm.gov/eplanning-ui/
project/71962/510.
Regulatory Flexibility Act These supplementary rules will not have a significant economic effect on a substantial number of small entities under the Regulatory Flexibility Act 5
U.S.C. 601 et seq..
Small Business Regulatory Enforcement Fairness Act These supplementary rules do not comprise a major rule under 5 U.S.C.
8042, the Small Business Regulatory Enforcement Fairness Act. These supplementary rules:
a Do not have an annual effect on the economy of $100 million or more.
b Will not cause a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions.
c Do not have significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S.-based enterprises to compete with foreign-based enterprises.
These supplementary rules merely establish rules of conduct for use of certain public lands and do not affect commercial or business activities of any kind.
Unfunded Mandates Reform Act These supplementary rules do not impose an unfunded mandate on State, local, or tribal governments, or the private sector of more than $100 million per year. These rules do not have a significant or unique effect on State, local, or tribal governments or the private sector. A statement containing the information required by the Unfunded Mandates Reform Act 2
U.S.C. 1531 et seq. is not required.
Executive Order 12630, Takings These supplementary rules do not effect a taking of private property or otherwise have taking implications under Executive Order 12630. These
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