Published Proposed Rule

Federal Register / Vol. 88, No. 38 / Monday, February 27, 2023 / Proposed Rules
public hearing is scheduled, notice of
the date, time, and place of the public
hearing will be published in the Federal
Register.
Drafting Information
The principal author of these
proposed regulations is Brandon Ford,
Office of Associate Chief Counsel
(Employee Benefits, Exempt
Organizations, and Employment Taxes).
However, other personnel from the
Treasury Department and the IRS
participated in the development of these
regulations.
List of Subjects in 26 CFR Part 1
Income taxes, Reporting and
recordkeeping requirements.
Proposed Amendments to the
Regulations
Accordingly, the Treasury Department
and the IRS propose to amend 26 CFR
part 1 as follows:

(1) Forfeitures will be used for one or
more of the following purposes:
(i) To pay plan administrative
expenses;
(ii) To reduce employer contributions
under the plan; or
(iii) To increase benefits in other
participants’ accounts in accordance
with plan terms; and
(2) Forfeitures will be used no later
than 12 months following the close of
the plan year in which the forfeitures
were incurred under plan terms.
(c) Transition rule for forfeitures
incurred during plan years beginning
before January 1, 2024. For purposes of
paragraph (b)(2) of this section,
forfeitures incurred during any plan
year that begins before January 1, 2024,
will be treated as having been incurred
in the first plan year that begins on or
after January 1, 2024.
(d) Applicability date. This section
applies for plan years beginning on or
after January 1, 2024.
Melanie R. Krause,
Acting Deputy Commissioner for Services and
Enforcement.

PART 1—INCOME TAXES
Paragraph 1. The authority citation
for part 1 continues to read in part as
follows:

■

[FR Doc. 2023–03778 Filed 2–24–23; 8:45 am]
BILLING CODE 4830–01–P

Authority: 26 U.S.C. 7805 * * *
§ 1.401–1

[Amended]

DEPARTMENT OF AGRICULTURE

Par. 2. Section 1.401–1 is amended by
removing the fourth sentence of
paragraph (b)(1)(i).
■ Par. 3. Section 1.401–7 is revised to
read as follows:
■

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§ 1.401–7 Forfeitures under a qualified
retirement plan.

19:44 Feb 24, 2023

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36 CFR Part 242
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

(a) Forfeitures under a qualified
defined benefit plan. In the case of a
trust forming a part of a qualified
defined benefit plan (as described in
section 414(j)), the plan must expressly
provide that forfeitures may not be
applied to increase the benefits any
employee would otherwise receive
under the plan at any time prior to the
termination of the plan or the complete
discontinuance of employer
contributions thereunder. However, the
effect of forfeitures may be anticipated
in determining the costs under the plan.
See sections 430(h)(1), 431(c)(3), and
433(c)(3), as applicable, regarding the
use of reasonable actuarial assumptions
in determining the amount of
contributions required to be made under
a plan to which one of those sections
applies.
(b) Forfeitures under a qualified
defined contribution plan. In the case of
a trust forming a part of a qualified
defined contribution plan (as described
in section 414(i)) that provides for
forfeitures, the plan must provide that:

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Forest Service

50 CFR Part 100
[Docket No. FWS–R7–SM–2022–0105;
FXRS12610700000 FF07J00000 234]
RIN 1018–BG72

Subsistence Management Regulations
for Public Lands in Alaska—2024–25
and 2025–26 Subsistence Taking of
Wildlife Regulations
Forest Service, Agriculture;
Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
AGENCY:

This proposed rule would
establish regulations for hunting and
trapping seasons, harvest limits, and
methods and means related to taking of
wildlife for subsistence uses during the
2024–25 and 2025–26 regulatory years.
The Federal Subsistence Board (Board)
is on a schedule of completing the
process of revising subsistence taking of
wildlife regulations in even-numbered
years and subsistence taking of fish and
shellfish regulations in odd-numbered

SUMMARY:

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12285

years; public proposal and review
processes take place during the
preceding year. The Board also
addresses customary and traditional use
determinations during the applicable
cycle. When final, the resulting
rulemaking will replace the existing
subsistence wildlife taking regulations.
This proposed rule could also amend
the general regulations on subsistence
taking of fish and wildlife.
DATES:
Public meetings: The Federal
Subsistence Regional Advisory Councils
(Councils) will hold public meetings to
receive comments and make proposals
to change this proposed rule February
22 through April 4, 2023, and will hold
another round of public meetings to
discuss and receive comments on the
proposals, and make recommendations
on the proposals to the Federal
Subsistence Board, on several dates
between September 19 and November 1,
2023. The Board will discuss and
evaluate proposed regulatory changes
during a public meeting in Anchorage,
AK, in April 2024. See SUPPLEMENTARY
INFORMATION for specific information on
dates and locations of the public
meetings.
Public comments: Comments and
proposals to change this proposed rule
must be received or postmarked by
April 12, 2023.
Information collection requirements:
If you wish to comment on the
information collection requirements in
this proposed rule, please note that the
Office of Management and Budget
(OMB) is required to make a decision
concerning the collection of information
contained in this proposed rule between
30 and 60 days after publication of this
proposed rule in the Federal Register.
Therefore, comments should be
submitted to the Service Information
Collection Clearance Officer, U.S. Fish
and Wildlife Service, (see ‘‘Information
Collection’’ section below under
ADDRESSES) by April 28, 2023.
ADDRESSES:
Public meetings: The public meetings
of the Federal Subsistence Board and
the Federal Subsistence Regional
Advisory Councils are held at various
locations in Alaska. See SUPPLEMENTARY
INFORMATION for specific information on
dates and locations of the public
meetings.
Public comments: You may submit
comments by one of the following
methods:
Electronically: Go to the Federal
eRulemaking Portal: https://
www.regulations.gov. In the Search box,
enter Docket number FWS–R7–SM–
2022–0105. Then, click on the Search

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Federal Register / Vol. 88, No. 38 / Monday, February 27, 2023 / Proposed Rules

button. On the resulting page, in the
Search panel on the left side of the
screen, under the Document Type
heading, check the Proposed Rule box to
locate this document. You may submit
a comment by clicking on ‘‘Comment.’’
By hard copy: Submit by U.S. mail or
hand delivery: Public Comments
Processing, Attn: FWS–R7–SM–2022–
0105; U.S. Fish and Wildlife Service;
5275 Leesburg Pike, MS: PRB (JAO/3W);
Falls Church, VA 22041–3803.
If in-person Federal Subsistence
Regional Advisory Council meetings are
held, you may also deliver a hard copy
to the Designated Federal Official
attending any of the Council public
meetings. See SUPPLEMENTARY
INFORMATION for additional information
on locations of the public meetings.
We will post all comments on https://
www.regulations.gov. This generally
means that we will post any personal
information you provide us (see the
Public Review Process section below for
more information).
Information collection requirements:
Send your comments on the information
collection request by mail to the Service
Information Collection Clearance
Officer, U.S. Fish and Wildlife Service,
by email to [email protected]; or by
mail to 5275 Leesburg Pike, MS: PRB
(JAO/3W), Falls Church, VA 22041–
3803. Please reference OMB Control
Number 1018–0075 in the subject line of
your comments.
FOR FURTHER INFORMATION CONTACT:
Chair, Federal Subsistence Board, c/o
U.S. Fish and Wildlife Service,
Attention: Sue Detwiler, Assistant
Regional Director, Office of Subsistence
Management; (907) 786–3888 or
[email protected]. For questions
specific to National Forest System
lands, contact Gregory Risdahl, Regional
Subsistence Program Leader, USDA,
Forest Service, Alaska Region; (907)
302–7354 or [email protected].
Individuals in the United States who are
deaf, deafblind, hard of hearing, or have
a speech disability may dial 711 (TTY,
TDD, or TeleBraille) to access
telecommunications relay services.
Individuals outside the United States
should use the relay services offered
within their country to make
international calls to the point-ofcontact in the United States.
SUPPLEMENTARY INFORMATION:
Background
Under title VIII of the Alaska National
Interest Lands Conservation Act
(ANILCA; 16 U.S.C. 3111–3126), the
Secretary of the Interior and the
Secretary of Agriculture (hereafter
referred to as ‘‘the Secretaries’’) jointly

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implement the Federal Subsistence
Management Program (hereafter referred
to as ‘‘the Program’’). The Program
provides a preference for take of fish
and wildlife resources for subsistence
uses on Federal public lands and waters
in Alaska. Only Alaska residents of
areas identified as rural are eligible to
participate in the Program. The
Secretaries published temporary
regulations to carry out the Program in
the Federal Register on June 29, 1990
(55 FR 27114), and final regulations on
May 29, 1992 (57 FR 22940). Program
officials have subsequently amended
these regulations a number of times.
Because the Program is a joint effort
between the Departments of the Interior
and Agriculture, these regulations are
located in two titles of the Code of
Federal Regulations (CFR): The
Agriculture regulations are at title 36,
‘‘Parks, Forests, and Public Property,’’
and the Interior regulations are at title
50, ‘‘Wildlife and Fisheries,’’ at 36 CFR
242.1–28 and 50 CFR 100.1–28,
respectively. Consequently, to indicate
that identical changes are proposed for
regulations in both titles 36 and 50, in
this document we will present
references to specific sections of the
CFR as shown in the following example:
§ __.24.
The Program regulations contain
subparts as follows: Subpart A, General
Provisions; Subpart B, Program
Structure; Subpart C, Board
Determinations; and Subpart D,
Subsistence Taking of Fish and Wildlife.
Consistent with subpart B of these
regulations, the Secretaries established a
Federal Subsistence Board to administer
the Program. The Board comprises:
• A Chair appointed by the Secretary
of the Interior with concurrence of the
Secretary of Agriculture;
• The Alaska Regional Director, U.S.
Fish and Wildlife Service;
• The Alaska Regional Director,
National Park Service;
• The Alaska State Director, Bureau
of Land Management;
• The Alaska Regional Director,
Bureau of Indian Affairs;
• The Alaska Regional Forester,
USDA Forest Service; and
• Two public members appointed by
the Secretary of the Interior with
concurrence of the Secretary of
Agriculture.
Through the Board, these agencies
and public members participate in the
development of regulations for subparts
C and D. Subpart C sets forth important
Board determinations regarding program
eligibility, i.e., which areas of Alaska are
considered rural and which species are
harvested in those areas as part of a
‘‘customary and traditional use’’ for

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subsistence purposes. Subpart D sets
forth specific harvest seasons and limits.
In administering the Program, the
Secretaries divided Alaska into 10
subsistence resource regions, each of
which is represented by a Federal
Subsistence Regional Advisory Council.
The Councils provide a forum for rural
residents with personal knowledge of
local conditions and resource
requirements to have a meaningful role
in the subsistence management of fish
and wildlife on Federal public lands in
Alaska. The Council members represent
varied geographical, cultural, and user
interests within each region.
Public Review Process—Comments,
Proposals, and Public Meetings
The Federal Subsistence Regional
Advisory Councils will have a
substantial role in reviewing this
proposed rule and making
recommendations for the final rule. The
Federal Subsistence Board, through the
Councils, will hold public meetings, or
teleconference meetings if public health
and safety restrictions are in effect, on
this proposed rule at the following
locations in Alaska, on the following
dates:
Region 1—Southeast Regional Council
Juneau February 28, 2023
Region 2—Southcentral Regional
Council Anchorage March 15, 2023
Region 3—Kodiak/Aleutians Regional
Council Kodiak March 29, 2023
Region 4—Bristol Bay Regional Council
Naknek March 8, 2023
Region 5—Yukon–Kuskokwim Delta
Regional Council St. Mary’s April
4, 2023
Region 6—Western Interior Regional
Council Aniak April 4, 2023
Region 7—Seward Peninsula Regional
Council Nome March 22, 2023
Region 8—Northwest Arctic Regional
Council Kotzebue March 6, 2023
Region 9—Eastern Interior Regional
Council Arctic Village March 1,
2023
Region 10—North Slope Regional
Council Kaktovik February 22,
2023
During April 2023, the written
proposals to change the regulations at
subpart D, take of wildlife, and subpart
C, customary and traditional use
determinations, will be compiled and
distributed for public review. Written
public comments will be accepted on
the distributed proposals during a
second 30-day public comment period,
which will be announced in statewide
newspaper and radio ads and posted to
the program web page and social media.
The Board, through the Councils, will
hold a second series of public meetings

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or teleconference meetings in September
through November 2023, to receive
comments on specific proposals and to
develop recommendations to the Board
on the following dates:
Region 1—Southeast Regional Council
Sitka October 24, 2023
Region 2—Southcentral Regional
Council Kenai October 2, 2023
Region 3—Kodiak/Aleutians Regional
Council King Cove September 19,
2023
Region 4—Bristol Bay Regional Council
Dillingham October 24, 2023
Region 5—Yukon–Kuskokwim Delta
Regional Council Anchorage
October 10, 2023
Region 6—Western Interior Regional
Council Fairbanks October 11,
2023
Region 7—Seward Peninsula Regional
Council Nome November 1, 2023
Region 8—Northwest Arctic Regional
Council Kotzebue October 16, 2023
Region 9—Eastern Interior Regional
Council Tok October 4, 2023
Region 10—North Slope Regional
Council Utqiagvik November 1,
2023
A notice will be published of specific
dates, times, and meeting locations in
local and statewide newspapers prior to
both series of meetings; in addition, this
information will be shared on local
radio and television announcements
and postings to social media and the
program website at https://www.doi.gov/
subsistence/regions. Locations and dates
may change based on weather or local
circumstances, and teleconferences will
substitute for in-person meetings based
on current public health and safety
restrictions in effect. In the case of
teleconferences, a public notice of
specific dates, times, call-in number(s),
and how to participate and provide
public testimony will be published in
local and statewide newspapers prior to
each meeting.
The amount of work on each
Council’s agenda determines the length
of each Council meeting, but typically
the meetings are scheduled to last 2
days. Occasionally a Council will lack
information necessary during a
scheduled meeting to make a
recommendation to the Board or to
provide comments on other matters
affecting subsistence in the region. If
this situation occurs, the Council may
announce on the record a later
teleconference to address the specific
issue when the requested information or
data is available; please note that any
followup teleconference would be an
exception and must be approved, in
advance, by the Assistant Regional
Director for the Office of Subsistence

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Management. These teleconferences
would be open to the public, along with
opportunities for public comment; the
date and time would be announced
during the scheduled meeting, and that
same information would be announced
through news releases and local radio,
television, and social media ads.
The Board will discuss and evaluate
proposed changes to the subsistence
management regulations during a public
meeting scheduled to be held in
Anchorage, Alaska, in April 2024. The
Federal Subsistence Regional Advisory
Council Chairs, or their designated
representatives, will present their
respective Councils’ recommendations
at the Board meeting. Additional oral
testimony may be provided on specific
proposals before the Board at that time.
At that public meeting, the Board will
deliberate and take final action on
proposals received that request changes
to this proposed rule.
Proposals to the Board to modify the
general fish and wildlife regulations,
wildlife harvest regulations, and
customary and traditional use
determinations must include the
following information:
a. Name, address, and telephone
number of the requester;
b. Each section and/or paragraph
designation in this proposed rule for
which changes are suggested, if
applicable;
c. A description of the regulatory
change(s) desired;
d. A statement explaining why each
change is necessary;
e. Proposed wording changes; and
f. Any additional information that you
believe will help the Board in
evaluating the proposed change.
The Board immediately rejects
proposals that fail to include the above
information, or proposals that are
beyond the scope of authorities in
§ _.24, subpart C (the regulations
governing customary and traditional use
determinations) and §§ _.25 and _.26 of
subpart D (the general and specific
regulations governing the subsistence
take of wildlife). If a proposal needs
clarification, prior to being distributed
for public review, the proponent may be
contacted, and the proposal could be
revised based on their input. Once a
proposal is distributed for public
review, no additional changes may be
made as part of the original submission.
During the April 2024 meeting, the
Board may defer review and action on
some proposals to allow time for
cooperative planning efforts, or to
acquire additional needed information.
The Board may elect to defer taking
action on any given proposal if the
workload of staff, Councils, or the Board

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becomes excessive. These deferrals may
be based on recommendations by the
affected Council(s) or staff members, or
on the basis of the Board’s intention to
do least harm to the subsistence user
and the resource involved. A proponent
of a proposal may withdraw the
proposal provided it has not been
considered, and a recommendation has
not been made, by a Council. The Board
may consider and act on alternatives
that address the intent of a proposal
while differing in approach.
You may submit written comments
and materials concerning this proposed
rule by one of the methods listed in
ADDRESSES. If you submit a comment via
https://www.regulations.gov, your entire
comment, including any personal
identifying information, will be posted
on the website. If you submit a
hardcopy comment that includes
personal identifying information, you
may request at the top of your document
that we withhold this information from
public review. However, we cannot
guarantee that we will be able to do so.
We will post all hardcopy comments on
https://www.regulations.gov.
Comments and materials we receive,
as well as supporting documentation we
used in preparing this proposed rule,
will be available for public inspection
on https://www.regulations.gov at
Docket No. FWS–R7–SM–2022–0105, or
by appointment, provided no public
health or safety restrictions are in effect,
between 8 a.m. and 3 p.m., Monday
through Friday, except Federal holidays,
at: USFWS, Office of Subsistence
Management, 1011 East Tudor Road,
Anchorage, AK 99503.
Reasonable Accommodations
The Federal Subsistence Board is
committed to providing access to these
meetings for all participants. Please
direct all requests for sign language
interpreting services, closed captioning,
or other accommodation needs to
Robbin LaVine, 907–786–3880,
[email protected], or 800–877–8339
(TTY), 7 business days prior to the
meeting you would like to attend.
Tribal Consultation and Comment
As expressed in Executive Order
13175, ‘‘Consultation and Coordination
with Indian Tribal Governments,’’ the
Federal officials that have been
delegated authority by the Secretaries
are committed to honoring the unique
government-to-government political
relationship that exists between the
Federal Government and federally
recognized Indian Tribes (Tribes) as
listed in 82 FR 4915 (January 17, 2017).
Consultation with Alaska Native
corporations is based on Public Law

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108–199, div. H, Sec. 161, Jan. 23, 2004,
118 Stat. 452, as amended by Public
Law 108–447, div. H, title V, Sec. 518,
Dec. 8, 2004, 118 Stat. 3267, which
provides that: ‘‘The Director of the
Office of Management and Budget and
all Federal agencies shall hereafter
consult with Alaska Native corporations
on the same basis as Indian tribes under
Executive Order No. 13175.’’
ANILCA does not provide specific
rights to Tribes for the subsistence
taking of wildlife, fish, and shellfish.
However, because Tribal members are
affected by subsistence fishing, hunting,
and trapping regulations, the
Secretaries, through the Board, will
provide federally recognized Tribes and
Alaska Native corporations an
opportunity to consult on this proposed
rule.
The Board will engage in outreach
efforts for this proposed rule, including
a notification letter, to ensure that
Tribes and Alaska Native corporations
are advised of the mechanisms by which
they can participate. The Board
provides a variety of opportunities for

consultation: proposing changes to the
existing rule; commenting on proposed
changes to the existing rule; engaging in
dialogue at the Regional Council
meetings; engaging in dialogue at the
Board’s meetings; and providing input
in person, by mail, email, or phone at
any time during the rulemaking process.
The Board will commit to efficiently
and adequately providing an
opportunity to Tribes and Alaska Native
corporations for consultation in regard
to subsistence rulemaking.
The Board will consider Tribes’ and
Alaska Native corporations’
information, input, and
recommendations, and address their
concerns as much as practicable.
Developing the 2024–25 and 2025–26
Wildlife Seasons and Harvest Limit
Proposed Regulations
In titles 36 and 50 of the CFR, the
subparts C and D regulations are subject
to periodic review and revision. The
Board currently completes the process
of revising subsistence take of wildlife
regulations in even-numbered years and

fish and shellfish regulations in oddnumbered years; public proposal and
review processes take place during the
preceding year. The Board also
addresses customary and traditional use
determinations during the applicable
cycle.
Based on Board policy, the Board
reviews closures to the take of fish/
shellfish and wildlife during each
applicable cycle. The following table
lists the current closures being reviewed
for this cycle. In reviewing a closure, the
Board may maintain, modify, or rescind
the closure. If a closure is rescinded, the
regulations will revert to the existing
regulations in place prior to the closure,
or if no regulations were in place, any
changes or the establishment of seasons,
methods and means, and harvest limits
must go through the full public review
process. The public is encouraged to
comment on these closures, and anyone
recommending that a closure be
rescinded should submit a proposal to
establish regulations for the area that
was closed.

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TABLE 1—WILDLIFE CLOSURES TO BE REVIEWED BY THE FEDERAL SUBSISTENCE BOARD FOR THE 2024–2025 AND
2025–2026 REGULATORY YEARS
Unit and area descriptor

Species

7, draining into King’s Bay .................................
9C, remainder .....................................................
9C, remainder .....................................................
22B .....................................................................
22D, remainder ...................................................
23, south of Kotzebue Sound and west of and
including the Buckland River drainage.
24, Kanuti Controlled Use Area .........................
25A, Arctic Village Sheep Management Area ....
22D, west of the Tisuk River drainage and Canyon Creek.
22D, remainder ...................................................

Moose .........................
Caribou .......................
Caribou .......................
Musk ox ......................
Moose .........................
Musk ox ......................

Closed
Closed
Closed
Closed
Closed
Closed

Moose .........................
Sheep .........................
Musk ox ......................

Closed to non-federally qualified users.
Closed to non-federally qualified users.
Closed except for residents of Nome and Teller.

Musk ox ......................

22E .....................................................................
26B, remainder and 26C ....................................
12, east of the Nabesna River and the
Nabesna Glacier and south of the Winter
Trail running southeast from Pickerel Lake to
the Canadian border.
18, Kuskokwim River hunt area .........................

Musk ox ......................
Moose .........................
Caribou (Chisana caribou herd).

Closed except for residents of Elim, White Mountain, Nome, Teller,
and Brevig Mission.
Closed to non-federally qualified users.
Closed except for residents of Kaktovik.
Closed to non-federally qualified users.

6C .......................................................................

Moose .........................

12, within Wrangell-St. Elias National Park that
lies west of the Nabesna River and the
Nabesna Glacier.
19A, remainder ...................................................

Caribou (Mentasta caribou herd).

22D, Kuzitrin River drainage ..............................

Musk ox ......................

The current subsistence program
regulations form the starting point for
consideration during each new
rulemaking cycle. Consequently, in this

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Moose .........................

Moose .........................

Closure
except for residents of Chenega Bay and Tatitlek.
except for residents of Unit 9C and Egegik.
except for residents of Unit 9C and Egegik.
to non-federally qualified users.
to non-federally qualified users.
to non-federally qualified users.

Closed except for residents of Tuntutuliak, Eek, Napakiak,
Napaskiak, Kasigluk, Nunapitchuk, Atmautlauk, Oscarville, Bethel,
Kwethluk, Akiachak, Akiak, Tuluksak, Lower Kalskag, and Kalskag.
Closed to non-federally qualified users during the months of November and December.
Closed to all users.
Closed except for residents of Tuluksak, Lower Kalskag, Upper
Kalskag, Aniak, Chuathbaluk, and Crooked Creek.
Closed except for residents of Council, Golovin, White Mountain,
Nome, Teller, and Brevig Mission.

rulemaking action pertaining to wildlife,
the Board will consider proposals to
revise the regulations in any of the

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following sections of titles 36 and 50 of
the CFR:
• § _.24: customary and traditional
use determinations;

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• § _.25: general provisions governing
the subsistence take of wildlife, fish,
and shellfish; and
• § _.26: specific provisions
governing the subsistence take of
wildlife.
As such, the text of the proposed
2024–26 subparts C and D subsistence
regulations in titles 36 and 50 is the
combined text of previously issued rules
that revised these sections of the
regulations. The following Federal
Register citation shows when these CFR
sections were last revised. Therefore,
the regulations established by the cited
final rule constitute the text of this
proposed rule:
The text of the proposed amendments
to 36 CFR 242.24, 242.25, and 242.26
and 50 CFR 100.24, 100.25, and 100.26
is the final rule for the 2022–2024
regulatory period for wildlife (87 FR
44846, July 26, 2022).
The regulations established by the
July 26, 2022, final rule (87 FR 44846)
will remain in effect until subsequent
Board action changes elements of them
as a result of the public review process
outlined above in this document and a
final rule is published.
Compliance With Statutory and
Regulatory Authorities

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National Environmental Policy Act
A draft environmental impact
statement that described four
alternatives for developing a Federal
Subsistence Management Program was
distributed for public comment on
October 7, 1991. The final
environmental impact statement (FEIS)
was published on February 28, 1992.
The Record of Decision (ROD) on
Subsistence Management for Federal
Public Lands in Alaska was signed April
6, 1992. The selected alternative in the
FEIS (Alternative IV) defined the
administrative framework of an annual
regulatory cycle for subsistence
regulations.
A 1997 environmental assessment
dealt with the expansion of Federal
jurisdiction over fisheries and is
available at the office listed under FOR
FURTHER INFORMATION CONTACT. The
Secretary of the Interior, with
concurrence of the Secretary of
Agriculture, determined that expansion
of Federal jurisdiction does not
constitute a major Federal action
significantly affecting the human
environment and, therefore, signed a
finding of no significant impact.
Section 810 of ANILCA
An ANILCA section 810 analysis was
completed as part of the FEIS process on
the Federal Subsistence Management

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Program. The intent of all Federal
subsistence regulations is to accord
subsistence uses of fish and wildlife on
public lands a priority over the taking
of fish and wildlife on such lands for
other purposes, unless restriction is
necessary to conserve healthy fish and
wildlife populations. The final section
810 analysis determination appeared in
the April 6, 1992, ROD and concluded
that the Federal Subsistence
Management Program, under
Alternative IV with an annual process
for setting subsistence regulations, may
have some local impacts on subsistence
uses, but will not likely restrict
subsistence uses significantly.
During the subsequent environmental
assessment process for extending
fisheries jurisdiction, an evaluation of
the effects of the subsistence program
regulations was conducted in
accordance with section 810. That
evaluation also supported the
Secretaries’ determination that the
regulations will not reach the ‘‘may
significantly restrict’’ threshold that
would require notice and hearings
under ANILCA section 810(a).
Paperwork Reduction Act of 1995 (PRA)
This proposed rule contains existing
and new information collections. All
information collections require approval
by the Office of Management and
Budget (OMB) under the Paperwork
Reduction Act of 1995 (PRA, 44 U.S.C.
3501 et seq.). We may not conduct or
sponsor, and you are not required to
respond to, a collection of information
unless it displays a currently valid OMB
control number. The OMB has reviewed
and approved the information collection
requirements associated with
subsistence management regulations on
public lands in Alaska and assigned the
OMB Control Number 1018–0075.
In accordance with the PRA and its
implementing regulations at 5 CFR
1320.8(d)(1), we provide the general
public and other Federal agencies with
an opportunity to comment on our
proposal to renew, with revisions, OMB
Control Number 1018–0075. This input
will help us assess the impact of our
information collection requirements and
minimize the public’s reporting burden,
and it will help the public understand
these requirements and provide the
requested data in the desired format.
As part of our continuing effort to
reduce paperwork and respondent
burdens, and in accordance with 5 CFR
1320.8(d)(1), we invite the public and
other Federal agencies to comment on
any aspect of this proposed information
collection, including:
(1) Whether or not the collection of
information is necessary for the proper

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performance of the functions of the
agency, including whether or not the
information will have practical utility;
(2) The accuracy of our estimate of the
burden for this collection of
information, including the validity of
the methodology and assumptions used;
(3) Ways to enhance the quality,
utility, and clarity of the information to
be collected; and
(4) Ways to minimize the burden of
the collection of information on those
who are to respond, including through
the use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
response.
Comments that you submit in
response to this proposed rulemaking
are a matter of public record. Before
including your address, phone number,
email address, or other personal
identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
We also propose to renew the existing
reporting and/or recordkeeping
requirements identified below:
(1) Form 3–2326, ‘‘Federal
Subsistence Hunt Application, Permit,
and Report’’—Completed by Federally
qualified subsistence users who want to
harvest wildlife.
• Applicants provide information on
the permit to identify:
(1) They are a federally qualified
subsistence user;
(2) Their community of primary
residence for community harvest
allocations; and
(3) The unit, season, hunt number,
and permit number.
• Question 1 identifies whether the
applicant hunted or used a designated
hunter.
• Questions 2a through 2e identify
success rates by time, location, and take
of animal.
• Question 3 identifies date of take
and biological data of animal.
(2) Form 3–2327, ‘‘Designated Hunter
Application, Permit, and Report’’—
Completed by Federally qualified
subsistence users who want to harvest
wildlife for other federally qualified
subsistence users.
• Applicants provide information on
the permit to identify:
(1) They are a federally qualified
subsistence user;

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(2) Their community of primary
residence for community harvest
allocations; and
(3) The unit, season, hunt number,
and permit number.
• Applicants provide a list of names
of other persons they hunted for, their
harvest ticket/registration permit and
their community to ensure they are
federally qualified subsistence users.
• Remaining information provides
harvest data such as unit, drainage or
specific location, and number, by sex, of
animals taken.
(3) Form 3–2328, ‘‘Federal
Subsistence Fishing Application,
Permit, and Report’’—Completed by
federally qualified subsistence users
who want to harvest fish.
• Applicants provide information on
the permit to identify:
(1) They are a federally qualified
subsistence user;
(2) Their community of primary
residence for community harvest
allocations; and
(3) The unit, season, hunt number,
and permit number.
• Remaining information identifies
dates, locations, types of gear, fish
species, and number of fish harvested
for biological and anthropological
analysis.
• Depending on in-season
management requirements, a condition
may be included for certain fisheries
that requires a time-specific reporting
requirement. This management tool is
used only when conservation concerns
exist that may require the emergency
closure of the fishery to prevent
overharvest.
• Must be completed and returned by
date designated on permit.
(4) Form 3–2378, ‘‘Designated Fishing
Application, Permit, and Report’’—
Completed by federally qualified
subsistence users who want to harvest
fish for other federally qualified
subsistence users. Federally qualified
subsistence users may designate another
federally qualified subsistence user to
take fish on their behalf. The designated
subsistence user must obtain a
designated harvest permit prior to
attempting to harvest fish and must
return a completed harvest report. The
designated subsistence user may fish for
any number of beneficiaries but may
have no more than two harvest limits in
their possession at any one time.
Subsistence users may not designate
more than one person to take or attempt
to take fish on their behalf at one time.
Subsistence users may not personally
take or attempt to take fish at the same
time that their designated subsistence
user is taking or attempting to take fish
on their behalf.

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• Applicants provide information on
the permit to identify:
(1) They are a federally qualified
subsistence user;
(2) Their community of primary
residence for community harvest
allocations; and
(3) The unit, season, hunt number,
and permit number.
• Applicants identify both for whom
they fished and their subsistence permit
number. The permit number verifies
they are federally qualified users and
tracks usage by communities.
• Remaining information tracks
species taken, number retained, and
gear for biological and anthropological
analysis.
(5) Form 3–2379, ‘‘Federal
Subsistence Customary Trade
Recordkeeping Form’’—Completed by
federally qualified subsistence users
who want to take part in customary
trade. Staff anthropologists use the
information to make customary and
traditional use determinations and to
write an analysis based on the
provisions in section 804 of ANILCA.
These analyses further reduce the pool
of eligible subsistence users and may
allocate harvests by community, in part,
based on documented uses of the
resource.
• Applicants provide information on
the permit to identify:
(1) They are a federally qualified
subsistence user;
(2) Their community of primary
residence for community harvest
allocations; and
(3) The unit, season, hunt number,
and permit number.
• Remaining information tracks date
of sales, buyers, and buyers’ addresses,
total dollar amount, species taken, and
fish parts.
(6) Petition to Repeal Subsistence
Rules and Regulations (Nonform
Requirement)—If the State of Alaska
enacts and implements laws that are
consistent with sections 803, 804, and
805 of ANILCA, the State may submit a
petition to the Secretary of the Interior
for repeal of Federal subsistence rules.
The State’s petition shall:
(1) Be submitted to the Secretary of
the Interior and the Secretary of
Agriculture;
(2) Include the entire text of
applicable State legislation indicating
compliance with sections 803, 804, and
805 of ANILCA; and
(3) Set forth all data and arguments
available to the State in support of
legislative compliance with sections
803, 804, and 805 of ANILCA.
If the Secretaries find that the State’s
petition contains adequate justification,
a rulemaking proceeding for repeal of

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the regulations in this part will be
initiated. If the Secretaries find that the
State’s petition does not contain
adequate justification, the petition will
be denied by letter or other notice, with
a statement of the ground for denial.
(7) Propose Changes to Federal
Subsistence Regulations—The Board
will accept proposals for changes to the
Federal subsistence regulations in
subparts C or D of 356 CFR part 242 or
50 CFR part 100 according to a
published schedule, except for
proposals for emergency and temporary
special actions, which the Board will
accept according to procedures set forth
in § _.19. Members of the public may
propose changes to the subsistence
regulations by providing:
• Contact information (name,
organization, address, phone number,
fax number, email address).
• Type of change (harvest season,
harvest limit, method and means of
harvest, customary and traditional use
determination).
• Regulation to be changed.
• Language for proposed regulation.
• Why the change should be made.
• Impact on populations.
• How the change will affect
subsistence uses.
• How the change will affect other
uses.
• Communities that have used the
resource.
• Where the resource has been
harvested.
• Months in which the resource has
been harvested.
(8) Proposals for Emergency or
Temporary Special Actions—A special
action is an out-of-cycle change in a
season, harvest limit, or method of
harvest. The Federal Subsistence Board
may take a special action to restrict,
close, open, or reopen the taking of fish
and wildlife on Federal public lands: (1)
to ensure the continued viability of a
particular fish or wildlife population;
(2) to ensure continued subsistence use;
and (3) for reasons of public safety or
administration. Members of the public
may request a special action by
providing:
• Contact information (name,
organization, address, telephone
number, fax number, email address).
• Description of the requested action.
• Any unusual or significant changes
in resource abundance or unusual
conditions affecting harvest
opportunities that could not reasonably
have been anticipated and that
potentially could have significant
adverse effects on the health of fish and
wildlife populations or subsistence
users.

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• The necessity of the requested
action if required for reasons of public
safety or administration.
• Extenuating circumstances that
necessitate a regulatory change before
the next regulatory review.
(9) Requests for Reconsideration—
Any person adversely affected by a new
regulation may request that the Federal
Subsistence Board reconsider its
decision by filing a written request
within 60 days after a regulation takes
effect or is published in the Federal
Register, whichever comes first.
Requests for reconsideration must
provide the Board with sufficient
narrative evidence and argument to
show why the action by the Board
should be reconsidered. The Board will
accept a request for reconsideration only
if it is based upon information not
previously considered by the Board,
demonstrates that the existing
information used by the Board is
incorrect, or demonstrates that the
Board’s interpretation of information,
applicable law, or regulation is in error
or contrary to existing law. Requests for
reconsideration must include:
• Contact information (name,
organization, address, telephone
number, fax number, email address).
• Regulation and the date of Federal
Register publication.
• Statement of how the person is
adversely affected by the action.
• Statement of the issues raised by
the action, with specific reference to: (1)
information not previously considered
by the Board; (2) information used by
the Board that is incorrect; and (3) how
the Board’s interpretation of
information, applicable law, or
regulation is in error or contrary to
existing law.
(10) Other Permits and Reports
a. Traditional/Cultural/Educational
Permits—Organizations desiring to
harvest fish or wildlife for traditional,
cultural, or educational reasons must
provide a letter stating that the
requesting program has instructors,
enrolled students, minimum attendance
requirements, and standards for
successful completion. Harvest must be
reported, and any animals harvested
will count against any established
Federal harvest quota for the area in
which it is harvested.
b. Fishwheel, Fyke Net, and Under Ice
Permits—Persons who want to set up
and operate fishwheels and fyke nets, or
use a net under the ice must provide:
(1) Name and contact information and
other household member who will use
the equipment. Fishwheels must be
marked with registration permit
number; organization’s name and
address (if applicable), and primary

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contact person name and telephone
number; under ice nets must be marked
with the permittee’s name and address.
(2) Species of fish take, number of fish
taken, and dates of use.
The new reporting and/or
recordkeeping requirements identified
below require approval by OMB:
(1) Reports and Recommendations—
Subsistence Regional Advisory Councils
are required to send an annual report to
the Federal Subsistence Board
informing them of regional concerns or
problems pertaining to subsistence on
Federal public lands. In turn, the Board
is required to respond to each of the
Councils’ annual reports and address
their concerns and possible courses of
actions or solutions.
(2) Customary Trade Sales—The
Board manages each region differently
regarding customary trade, based
primarily on cultural beliefs and
traditional practices. As needed,
decisions also include conservation
concerns. This requirement is in place
to monitor customary trade and ensure
that subsistence resources are for
subsistence users and not commercial
trade.
(3) Transfer of Subsistence-Caught
Fish, Wildlife, or Shellfish—This
reporting requirement safeguards the
harvester and individual who receives
the harvested animal. It protects both
parties to show that an illegal
commercial enterprise is not ongoing or
that the animal was not poached.
(4) Meeting Request—The Board shall
meet at least twice per year and at such
other times as deemed necessary.
Meetings shall occur at the call of the
Chair, but any member may request a
meeting. There is no specified format to
request a meeting. Usually, the Service
recommends to the Board that they have
a meeting on a special topic, such as
pending litigation. This is not a
common occurrence.
(5) Cooperative Agreements—The
Board may enter into cooperative
agreements or otherwise cooperate with
Federal agencies, the State, Native
organizations, local governmental
entities, and other persons and
organizations, including international
entities to effectuate the purposes and
policies of the Federal subsistence
management program or to coordinate
respective management responsibilities.
Currently, cooperative agreements are
not generally used, and we are reporting
a placeholder burden of one response.
(6) Alternative Permitting Processes—
Developing alternative permitting
processes relating to the subsistence
taking of fish and wildlife ensures
continued opportunities for subsistence.
Currently, this requirement is not

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generally used and we are reporting a
placeholder burden of one response in
our burden estimate.
(7) Request for Individual Customary
and Traditional Use Determinations—
The Federal Subsistence Board has
determined that rural Alaska residents
of the listed communities, areas, and
individuals have customary and
traditional use of the specified species
on Federal public land in the specified
areas. Persons granted individual
customary and traditional use
determinations will be notified in
writing by the Board. The Service and
the local NPS Superintendent will
maintain the list of individuals having
customary and traditional use on
National Parks and Monuments. A copy
of the list is available upon request.
Currently, this requirement is not
generally used, and we are reporting a
placeholder burden of one response in
our burden estimate.
(8) Management Plans—Management
plans are not routinely used. When
created by the State or Alaska Native
communities for overall management of
a specific area, the plans are submitted
to the appropriate Federal agencies for
review/comment. Currently, this
requirement is not generally used, and
we are reporting a placeholder burden
of one response in our burden estimate.
(9) Labeling/Marking Requirements
• Bear Baiting—The requirement to
mark bear baiting stations and provide
contact information is for public safety
since attempting to draw bears into a
certain area could cause a significant
hazard for the public not involved in
hunting activities. Requirements to
register a bait station with the State is
to provide a single location for the
public to find information of possible
hazards prior to using public lands.
• Evidence of sex and identity—In
certain areas and with certain species of
both wildlife and fish, evidence of sex
and identity are required for biological
purposes and the data is used for future
management decisions. This
information is critical to assist in
assessing the health of a population, the
male/female ratios, ages of harvested
animals, identifying different genetic
populations, and other important factors
needed for sound management
decisions.
• Marking of fish gear—The marking
of various fishing gear types
(fishwheels, crab pots, certain types of
nets or their supporting buoys, stakes,
etc.) with contact information is based
on the fact that these gear types are
generally unattended while catching
fish. This information is used to
differentiate between users harvesting
under Federal or State regulations and

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also to protect the owners of the gear
should it be damaged or carried away.
The contact information can be used to
return the often expensive gear to the
proper owner. Requirements as to the
location of the contact information on
the gear types is to ease the task of field
managers so they can, if needed,
identify gear from a boat and not have
to land to search for the contact
information. In marine waters, the
information is used by the USCG for
safety in navigation concerns. The above
reasons also hold true regarding
registering a fishwheel with the State or
the Federal program.
• Marking of subsistence-caught
fish—Requirements in certain areas to
mark subsistence-caught fish by removal
of the tips of the tail or dorsal fin is used
to identify fish harvested under Federal
regulations and not under State sport or
commercial regulations. This is needed
as Federal subsistence harvest limits are
often larger than sport fishing bag limits
and protects the user from possible
citations from State law enforcement.
• Sealing requirements—Sealing
requirements for animals, primarily
bears and wolves, differ in parts of the
State. This requirement not only allows
biologists to gather important data to
evaluate the health of the various
populations but is also integral in
preventing the illegal harvest and
trafficking of animals and their parts
reporting a placeholder burden of one
response in our burden estimate.
(10) 3rd Party Notifications (Tags,
Marks, or Collar Notification and
Return)—Users must present the tags,
markings, or collars to ADF&G, or the
agency conducting the research. Much
of this equipment may be used again,
and the information regarding the take
of the animal is important to
management decisions.
Copies of the forms used with this
information collection are available to
the public by submitting a request to the
Service Information Collection
Clearance Officer using one of the
methods identified in ADDRESSES.
Title of Collection: Federal
Subsistence Regulations and Associated
Forms, 50 CFR part 100 and 36 CFR part
242.
OMB Control Number: 1018–0075.
Form Numbers: Forms 3–2300, 3–
2321 through 3–2323, 3–2326 through
3–2328, 3–2378, and 3–2379.
Type of Review: Revision of a
currently approved collection.
Respondents/Affected Public:
Individuals and State, local, and Tribal
governments. Most respondents are
individuals who are federally defined
rural residents in Alaska.

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Total Estimated Number of Annual
Respondents: 15,426.
Total Estimated Number of Annual
Responses: 15,426.
Estimated Completion Time per
Response: Varies from 5 minutes to 40
hours, depending on activity.
Total Estimated Number of Annual
Burden Hours: 6,947.
Respondent’s Obligation: Required to
obtain or retain a benefit.
Frequency of Collection: On occasion
for applications; annually or on
occasion for reports, recordkeeping, and
labeling/marking requirements.
Total Estimated Annual Non-hour
Burden Cost: None.
Send your written comments and
suggestions on this information
collection by the date indicated in
DATES to the Service Information
Collection Clearance Officer, U.S. Fish
and Wildlife Service, MS: PRB/PERMA
(JAO), 5275 Leesburg Pike, Falls
Church, VA 22041–3803 (mail); or by
email to [email protected]. Please
reference OMB Control Number 1018–
0075 in the subject line of your
comments.
Regulatory Planning and Review
(Executive Order 12866)
Executive Order 12866 provides that
the Office of Information and Regulatory
Affairs (OIRA) in the Office of
Management and Budget will review all
significant rules. OIRA has determined
that this proposed rule is not significant.
Executive Order 13563 reaffirms the
principles of E.O. 12866 while calling
for improvements in the nation’s
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. E.O. 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. We have developed
this proposed rule in a manner
consistent with these requirements.
Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980
(5 U.S.C. 601 et seq.) requires
preparation of flexibility analyses for
rules that will have a significant
economic impact on a substantial
number of small entities, which include
small businesses, organizations, or

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governmental jurisdictions. In general,
the resources to be harvested under this
proposed rule are already being
harvested and consumed by the local
harvester and do not result in an
additional dollar benefit to the
economy. However, we estimate that
two million pounds of meat are
harvested by subsistence users annually
and, if given an estimated dollar value
of $3.00 per pound, this amount would
equate to about $6 million in food value
statewide. Based upon the amounts and
values cited above, the Departments
certify that this rulemaking will not
have a significant economic impact on
a substantial number of small entities
within the meaning of the Regulatory
Flexibility Act.
Small Business Regulatory Enforcement
Fairness Act
Under the Small Business Regulatory
Enforcement Fairness Act (5 U.S.C. 801
et seq.), this proposed rule is not a major
rule. It will not have an effect on the
economy of $100 million or more, will
not cause a major increase in costs or
prices for consumers, and will 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.
Executive Order 12630
Title VIII of ANILCA requires the
Secretaries to administer a subsistence
priority on public lands. The scope of
this program is limited by definition to
certain public lands. Likewise, these
proposed regulations have no potential
takings of private property implications
as defined by Executive Order 12630.
Unfunded Mandates Reform Act
The Secretaries have determined and
certify pursuant to the Unfunded
Mandates Reform Act, 2 U.S.C. 1502 et
seq., that this proposed rulemaking will
not impose a cost of $100 million or
more in any given year on local or State
governments or private entities. The
implementation of this proposed rule
would be by Federal agencies, with no
cost imposed on any State or local
entities or Tribal governments.
Executive Order 12988
The Secretaries have determined that
these proposed regulations meet the
applicable standards provided in
sections 3(a) and 3(b)(2) of Executive
Order 12988, regarding civil justice
reform.
Executive Order 13132
In accordance with Executive Order
13132, this proposed rule does not have

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sufficient federalism implications to
warrant the preparation of a federalism
assessment. Title VIII of ANILCA
precludes the State from exercising
subsistence management authority over
fish and wildlife resources on Federal
lands unless it meets certain
requirements.
Executive Order 13175
Title VIII of ANILCA does not provide
specific rights to Tribes for the
subsistence taking of wildlife, fish, and
shellfish. However, as described above
under Tribal Consultation and
Comment, the Secretaries, through the
Board, will provide federally recognized
Tribes and Alaska Native corporations a
variety of opportunities for consultation:
commenting on proposed changes to the
existing rule; engaging in dialogue at the
Regional Council meetings; engaging in
dialogue at the Board’s meetings; and
providing input in person, by mail,
email, or phone at any time during the
rulemaking process.

For the reasons set out in the
preamble, the Federal Subsistence
Board proposes to amend 36 CFR part
242 and 50 CFR part 100 for the 2024–
25 and 2025–26 regulatory years:
The text of the proposed amendments
to 36 CFR 242.24, 242.25, and 242.26
and 50 CFR 100.24, 100.25, and 100.26
is the final rule for the 2022–2024
regulatory period for wildlife (87 FR
44846, July 26, 2022).

■

Sue Detwiler,
Assistant Regional Director, U.S. Fish and
Wildlife Service.
Gregory Risdahl,
Subsistence Program Leader, USDA–Forest
Service.
[FR Doc. 2023–03825 Filed 2–24–23; 8:45 am]
BILLING CODE 4333–15–P, 3411–15–P

DEPARTMENT OF VETERANS
AFFAIRS

Executive Order 13211

38 CFR Part 21

This Executive order requires
agencies to prepare statements of energy
effects when undertaking certain
actions. However, this proposed rule is
not a significant regulatory action under
E.O. 13211, affecting energy supply,
distribution, or use, and no statement of
energy effects is required.

RIN 2900–AQ99

Drafting Information
Theo Matuskowitz drafted this
proposed rule under the guidance of
Sue Detwiler of the Office of
Subsistence Management, Alaska
Regional Office, U.S. Fish and Wildlife
Service, Anchorage, Alaska. Additional
assistance was provided by:
• Chris McKee, Alaska State Office,
Bureau of Land Management;
• Eva Patton, Alaska Regional Office,
National Park Service;
• Dr. Glenn Chen, Alaska Regional
Office, Bureau of Indian Affairs;
• Jill Klein, Alaska Regional Office,
U.S. Fish and Wildlife Service; and
• Gregory Risdahl, Alaska Regional
Office, USDA–Forest Service.
List of Subjects
36 CFR Part 242
ddrumheller on DSK120RN23PROD with PROPOSALS

Proposed Regulation Promulgation

Administrative practice and
procedure, Alaska, Fish, National
forests, Public lands, Reporting and
recordkeeping requirements, Wildlife.
50 CFR Part 100
Administrative practice and
procedure, Alaska, Fish, National
forests, Public lands, Reporting and
recordkeeping requirements, Wildlife.

VerDate Sep<11>2014

19:44 Feb 24, 2023

Jkt 259001

Bar to Approval
Department of Veterans Affairs.
Proposed rule.

AGENCY:
ACTION:

The Department of Veterans
Affairs (VA) is proposing to amend its
regulations that govern VA’s
administration of educational assistance
programs to implement a provision of
the Veterans Benefits and Transition Act
of 2018, which requires a State
Approving Agency (SAA), or the
Secretary of VA (when acting as the
SAA), to disapprove programs of
education provided by educational
institutions that do not permit
individuals using benefits under certain
VA educational assistance programs to
attend or participate in courses while
awaiting payment from VA and that
impose a penalty on an individual for
failure to meet financial obligations due
to a delayed VA payment. We would
also implement a provision that would
allow educational institutions to require
a claimant using education benefits to
submit certain documents. In addition,
we would make clear that an
educational institution may require a
claimant to pay certain fees or charges
if VA delays payment and ultimately
pays less than what an educational
institution anticipated receiving.
DATES: Comments must be received on
or before April 28, 2023.
ADDRESSES: Comments must be
submitted through www.regulations.gov.
Except as provided below, comments
SUMMARY:

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received before the close of the
comment period will be available at
www.regulations.gov for public viewing,
inspection, or copying, including any
personally identifiable or confidential
business information that is included in
a comment. We post the comments
received before the close of the
comment period on the following
website as soon as possible after they
have been received: https://
www.regulations.gov. VA will not post
on Regulations.gov public comments
that make threats to individuals or
institutions or suggest that the
commenter will take actions to harm the
individual. VA encourages individuals
not to submit duplicative comments. We
will post acceptable comments from
multiple unique commenters even if the
content is identical or nearly identical
to other comments. Any public
comment received after the comment
period’s closing date is considered late
and will not be considered in the final
rulemaking.
FOR FURTHER INFORMATION CONTACT:
Cheryl A. Amitay, Chief, Policy and
Regulation Development Staff (225C),
Education Service, Department of
Veterans Affairs, 810 Vermont Avenue
NW, Washington, DC 20420, (202) 461–
9800 (This is not a toll-free telephone
number).
SUPPLEMENTARY INFORMATION: Prior to
August 1, 2019, an educational
institution could prohibit an individual
utilizing educational assistance under
chapter 31 or chapter 33 of title 38,
U.S.C., from attending classes if either
part or all the claimant’s tuition and fees
had not been paid, even if the
delinquent tuition and fee payment was
due to a delay in VA paying the school.
On December 31, 2018, sec. 103 of the
Veterans Benefits and Transition Act of
2018, Public Law 115–407, added
subsection (e) to 38 U.S.C. 3697. Section
3679(e) requires a State Approving
Agency (SAA), or the Secretary of the
Department of Veterans Affairs (VA)
when acting as a SAA, to disapprove,
programs of education that do not
permit individuals using benefits under
either chapter 31 or chapter 33 to attend
or participate in courses while awaiting
payment from VA. Specifically,
beginning on August 1, 2019, an
educational institution is prohibited
from employing a policy which prevents
an individual from attending classes or
participating in a program of education
while awaiting payment from VA if the
individual provides the school with a
‘‘certificate of eligibility.’’ In addition,
an educational institution must not
impose any penalty on an individual for
failure to meet financial obligations due

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