[Federal Register Volume 82, Number 28 (Monday, February 13, 2017)]
[Rules and Regulations]
[Page 10442]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02890]



National Park Service

36 CFR Part 13

RIN 1024-AE28

Alaska; Subsistence Collections

AGENCY: National Park Service, Interior.

ACTION: Final rule; delay of effective date.


SUMMARY: In accordance with a January 20, 2017, memorandum of the Chief 
of Staff for the White House, we, the National Park Service, are 
delaying the effective date of a rule we published on January 12, 2017.

DATES: The effective date of the rule that published on January 12, 
2017, at 82 FR 3626, is delayed from February 13, 2017, to March 21, 

FOR FURTHER INFORMATION CONTACT: Andee Sears, Regional Law Enforcement 
Specialist, Alaska Regional Office, 240 West 5th Ave., Anchorage, AK 
99501. Phone (907) 644-3410. Email: [email protected].

SUPPLEMENTARY INFORMATION: On January 12, 2017, we published a rule to 
amend regulations for National Park System units in Alaska to allow 
qualified subsistence users to collect nonedible fish and wildlife 
parts and plants for creating handicrafts for barter and customary 
trade. The rule also clarifies that capturing, collecting or possessing 
living wildlife is generally prohibited and adopts restrictions on 
using human-produced foods to bait bears for subsistence uses. The rule 
was to be effective on February 13, 2017.
    On January 20, 2017, the Chief of Staff for the White House issued 
a memorandum instructing Federal agencies to temporarily postpone the 
effective date for 60 days after January 20, 2017, of any regulations 
that have published in the Federal Register but not yet taken effect, 
for the purpose of ``reviewing questions of fact, law, and policy they 
raise.'' We are, therefore, delaying the effective date of our rule 
published on January 12, 2017, at 82 FR 3626 (see DATES, above) to 
allow sufficient time for review of the rule relative to national 
wildlife management policy.
    To the extent that 5 U.S.C. 553 applies to this action, it is 
exempt from notice and comment because it constitutes a rule of 
procedure under 5 U.S.C. 553(b)(A). Alternatively, our implementation 
of this action without opportunity for public comment, effective 
immediately upon publication in the Federal Register, is based on the 
good cause exceptions in 5 U.S.C. 553(b)(B) and 553(d)(3). Pursuant to 
5 U.S.C. 553(b)(B), we have determined that good cause exists to forego 
the requirement to provide prior notice and an opportunity for public 
comment thereon for this rule as such procedures would be 
impracticable, unnecessary and contrary to the public interest. We are 
temporarily postponing for 60 days the effective date of this 
regulation pursuant to the previously-noted memorandum of the Chief of 
Staff. As a result, seeking public comment on this delay is unnecessary 
and contrary to the public interest. For these same reasons we find 
good cause to waive the 30-day delay in effective date provided for in 
5 U.S.C. 553(d).

    Authority:  16 U.S.C. 3124; 54 U.S.C. 100101, 100751, 320102; 
Sec. 13.1204 also issued under Sec. 1035, Public Law 104-333, 110 
Stat. 4240.

Maureen D. Foster,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2017-02890 Filed 2-10-17; 8:45 am]