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Federal Register / Vol. 86, No. 148 / Thursday, August 5, 2021 / Rules and Regulations Compliance with the rule is not expected to result in additional costs to Industry that it has not already borne under all previous ITRs. Realistically, these costs are minimal in comparison to those related to actual oil and gas exploration, development, and production operations. The actual costs to Industry to develop the request for promulgation of regulations and LOA
requests probably do not exceed $500,000 per year, short of the major rule threshold that would require preparation of a regulatory impact analysis. As is presently the case, profits will accrue to Industry; royalties and taxes will accrue to the Government;
and the rule will have little or no impact on decisions by Industry to relinquish tracts and write off bonus payments.
Small Business Regulatory Enforcement Fairness Act We have determined that this rule is not a major rule under 5 U.S.C. 8042, the Small Business Regulatory Enforcement Fairness Act. The rule is also not likely to result in a major increase in costs or prices for consumers, individual industries, or government agencies or have significant adverse effects on competition, employment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreignbased enterprises in domestic or export markets.
Regulatory Flexibility Act We have also determined that this rule 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.. Oil companies and their contractors conducting exploration, development, and production activities in Alaska have been identified as the only likely applicants under the regulations, and these potential applicants have not been identified as small businesses.
Therefore, neither a regulatory flexibility analysis nor a small entity compliance guide is required.

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Takings Implications This rule does not have takings implications under Executive Order 12630 because it authorizes the nonlethal, incidental, but not intentional, take of walruses and polar bears by Industry and thereby, exempts these companies from civil and criminal liability as long as they operate in compliance with the terms of their LOAs. Therefore, a takings implications assessment is not required.

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Federalism Effects This rule does not contain policies with federalism implications sufficient to warrant preparation of a federalism assessment under Executive Order 13132. The MMPA gives the Service the authority and responsibility to protect walruses and polar bears.
Unfunded Mandates Reform Act In accordance with the Unfunded Mandates Reform Act 2 U.S.C. 1501 et seq., this rule will not significantly or uniquely affect small governments. A
Small Government Agency Plan is not required. The Service has determined and certifies pursuant to the Unfunded Mandates Reform Act 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. This rule will not produce a Federal mandate of $100 million or greater in any year, i.e., it is not a significant regulatory action under the Unfunded Mandates Reform Act.
Government-to-Government Coordination It is our responsibility to communicate and work directly on a Government-to-Government basis with federally recognized Tribes in developing programs for healthy ecosystems. We are also required to consult with Alaska Native Corporations. We seek their full and meaningful participation in evaluating and addressing conservation concerns for protected species. It is our goal to remain sensitive to Alaska Native culture and to make information available to Alaska Natives. Our efforts are guided by the following policies and directives:
1 The Native American Policy of the Service January 20, 2016;
2 the Alaska Native Relations Policy currently in draft form;
3 Executive Order 13175 January 9, 2000;
4 Department of the Interior Secretarial Orders 3206 June 5, 1997, 3225 January 19, 2001, 3317
December 1, 2011, and 3342 October 21, 2016;
5 the Department of the Interiors policies on consultation with Tribes and with Alaska Native Corporations; and 6 the Presidential Memorandum on Tribal Consultation and Strengthening Nation-to-Nation Relationships January 21, 2021.
We have evaluated possible effects of the ITR on federally recognized Alaska Native Tribes and corporations and have concluded the issuance of the ITR does not require formal consultation with
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Alaska Native Tribes and corporations.
Through the ITR process identified in the MMPA, the AOGA has presented a communication process, culminating in a POC if needed, with the Native organizations and communities most likely to be affected by their work. The applicant has engaged these groups in informational communications. We invite continued discussion about the ITR and sent an outreach letter regarding this ITR to Alaska Native Tribes and corporations on May 27, 2021.
In addition, to facilitate comanagement activities, the Service maintains cooperative agreements with the Eskimo Walrus Commission EWC
and the Qayassiq Walrus Commission QWC and is working towards developing such an agreement with the newly formed Alaska Nannut CoManagement Council ANCC. The cooperative agreements fund a wide variety of management issues, including: Commission co-management operations; biological sampling programs; harvest monitoring; collection of Native knowledge in management;
international coordination on management issues; cooperative enforcement of the MMPA; and development of local conservation plans. To help realize mutual management goals, the Service, EWC, ANCC, and QWC regularly hold meetings to discuss future expectations and outline a shared vision of comanagement.
The Service also has ongoing cooperative relationships with the North Slope Borough and the InupiatInuvialuit Game Commission where we work cooperatively to ensure that data collected from harvest and research are used to ensure that polar bears are available for harvest in the future;
provide information to co-management partners that allows them to evaluate harvest relative to their management agreements and objectives; and provide information that allows evaluation of the status, trends, and health of polar bear subpopulations.
Civil Justice Reform The Departments Office of the Solicitor has determined that these regulations do not unduly burden the judicial system and meet the applicable standards provided in sections 3a and 3b2 of Executive Order 12988.
Paperwork Reduction Act This rule does not contain any new collections of information that require approval by the Office of Management and Budget OMB under the Paperwork Reduction Act of 1995 44 U.S.C. 3501

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