46400 Federal Register / Vol. 71, No. 156 / Monday, August 14, 2006 / Rules and Regulations 

■ 3. In part 250 remove the words 

‘‘District or Regional Supervisor’’

wherever they appear and add, in their 

place, the words, ‘‘District Manager or 

Regional Supervisor.’’

■ 4. In part 250 remove the words 

‘‘Regional or District Supervisor’’

wherever they appear and add, in their 

place, the words ‘‘District Manager or 

Regional Supervisor.’’

PART 254—OIL-SPILL RESPONSE 

REQUIREMENTS FOR FACILITIES 

LOCATED SEAWARD OF THE COAST 

LINE 

■ 5. The authority citation for part 254 

continues to read as follows: 

Authority: 44 U.S.C. 3501 et seq. 

PART 254—[NOMENCLATURE 

CHANGE] 

■ 6. In part 254 remove the words 

‘‘District Supervisor’’ wherever they 

appear and add, in their place, the 

words, ‘‘District Manager.’’

[FR Doc. 06–6884 Filed 8–11–06; 8:45 am] 

BILLING CODE 4310–MR–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

36 CFR Part 242 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 100 

RIN 1018–AU92 

Subsistence Management Regulations 

for Public Lands in AK; Kenai 

Peninsula Subsistence Resource 

Region 

AGENCIES: Forest Service, Agriculture; 

Fish and Wildlife Service, Interior. 

ACTION: Direct final rule. 

SUMMARY: We, the U.S. Forest Service 

and U.S. Fish and Wildlife Service, are 

amending the regulations governing 

subsistence use of fish and wildlife in 

Alaska by creating an additional 

subsistence resource region for the 

Kenai Peninsula. This addition of a 

separate subsistence resource region 

will allow for the creation of a separate 

Federal subsistence regional advisory 

council for that region. A new regional 

council responsible for only the Kenai 

Peninsula area will better ensure that 

residents with personal knowledge of 

the Kenai Peninsula area will have a 

meaningful role in the complex issues 

and management challenges of 

subsistence management on the Federal 

lands of the Kenai Peninsula. 

DATES: This rule will be effective on 

September 29, 2006, unless we receive 

significant adverse comments on or 

before September 18, 2006. 

ADDRESSES: You may submit comments 

electronically to Subsistence@fws.gov. 

See SUPPLEMENTARY INFORMATION for file 

format and other information about 

electronic filing. You may also submit 

written comments to the Office of 

Subsistence Management, 3601 C Street, 

Suite 1030, Anchorage, AK 99503. 

FOR FURTHER INFORMATION CONTACT: For 

Forest Service questions, contact Steve 

Kessler, Regional Subsistence Program 

Leader, USDA–FS Alaska Region, at 

(907) 786–3592. For Fish and Wildlife 

Service questions, contact Pete Probasco 

at (907) 786–3888. 

SUPPLEMENTARY INFORMATION: 

Comments 

You may submit electronic comments 

(preferred method) and other data to 

Subsistence@fws.gov. Please submit as a 

PDF or MS Word file, avoiding the use 

of any special characters and any form 

of encryption. The existing Southcentral 

Regional Council will hold a meeting 

Thursday, August 24, 2006, in 

Anchorage, Alaska, to receive testimony 

and discuss the proposed Kenai 

Peninsula subsistence Resource Region. 

The specific time and place will be 

noticed in local and regional 

newspapers and by press release. 

Background 

In Title VIII of the Alaska National 

Interest Lands Conservation Act 

(ANILCA) (16 U.S.C. 3111–3126), 

Congress found that ‘‘the situation in 

Alaska is unique in that, in most cases, 

no practical alternative means are 

available to replace the food supplies 

and other items gathered from fish and 

wildlife which supply rural residents 

dependent on subsistence uses * * *’’

and that ‘‘continuation of the 

opportunity for subsistence uses of 

resources on public and other lands in 

Alaska is threatened * * *’’ As a result, 

Title VIII requires, among other things, 

that the Secretary of the Interior and the 

Secretary of Agriculture (Secretaries) 

implement a joint program to grant a 

preference for subsistence uses of fish 

and wildlife resources on public lands 

in Alaska, unless the State of Alaska 

enacts and implements laws of general 

applicability that are consistent with 

ANILCA and that provide for the 

subsistence definition, preference, and 

participation specified in Sections 803, 

804, and 805 of ANILCA. 

The State implemented a program that 

the Department of the Interior 

previously found to be consistent with 

ANILCA. However, in December 1989, 

the Alaska Supreme Court ruled in 

McDowell v. State of Alaska that the 

rural preference in the State subsistence 

statute violated the Alaska Constitution. 

The Court’s ruling in McDowell required 

the State to delete the rural preference 

from its subsistence statute and, 

therefore, negated State compliance 

with ANILCA. The Court stayed the 

effect of the decision until July 1, 1990. 

As a result of the McDowell decision, 

the Department of the Interior and the 

Department of Agriculture 

(Departments) assumed, on July 1, 1990, 

responsibility for implementation of 

Title VIII of ANILCA on public lands. 

On June 29, 1990, the Temporary 

Subsistence Management Regulations 

for Public Lands in Alaska were 

published in the Federal Register (55 

FR 27114). 

Federal Subsistence Regional Advisory 

Councils 

Pursuant to the Subsistence 

Management Regulations for Federal 

Public Lands in Alaska, April 6, 1992, 

and the Subsistence Management 

Regulations for Federal Public Lands in 

Alaska, 36 CFR 242.11 (2002) and 50 

CFR 100.11 (2002), and for the purposes 

identified therein, we divided Alaska 

into 10 subsistence resource regions, 

each of which is represented by a 

Federal Subsistence Regional Advisory 

Council (Regional Council). The 

Regional Councils provide a forum for 

residents of the regions, who have 

personal knowledge of local conditions 

and resource requirements, to have a 

meaningful role in the subsistence 

management of fish and wildlife on 

Alaska public lands. The Regional 

Council members represent varied 

geographical, cultural, and user 

diversity within each region. 

Current Rule 

The Kenai Peninsula has unique fish 

and wildlife management challenges 

due to intense use of the Peninsula’s 

fish and wildlife by local and nonlocal 

residents and by nonresidents, and due 

to the recent Board actions to begin to 

provide a meaningful subsistence 

priority for fisheries in Federally 

managed fresh waters on the Kenai 

Peninsula. Kenai Peninsula lands 

primarily under Federal management 

include the Chugach National Forest 

and the Kenai National Wildlife Refuge. 

A new region and regional council will 

better ensure that residents with 

personal knowledge of the Kenai 

Peninsula area will have a meaningful 


jlentini on PROD1PC65 with RULES
Federal Register / Vol. 71, No. 156 / Monday, August 14, 2006 / Rules and Regulations 46401 

role in subsistence use management on 

Federal public lands. 

By this direct final rule, the Federal 

Subsistence Board is establishing an 

additional subsistence resource region, 

the Kenai Peninsula Subsistence 

Resource Region. This Region will be 

composed of State Game Management 

Units 7, 14C, and 15, taken from the 

Southcentral Subsistence Resource 

Region. 

The Board will recommend to the 

Secretaries that current Southcentral 

Regional Council members residing 

within the Kenai Peninsula Region be 

appointed to membership on the Kenai 

Peninsula Subsistence Regional 

Advisory Council and that members 

who reside in what will be the new 

Southcentral Region remain members of 

that Council. A special membership 

recruitment effort will be conducted this 

summer and fall to fill the additional 

vacancies on the Kenai Peninsula 

Council and to replace members on the 

Southcentral Council being appointed to 

the Kenai Peninsula Council. 

We are publishing this rule without a 

prior proposal because we view this 

action as an administrative action by the 

Federal Subsistence Board. This rule 

will be effective, as published in this 

document, September 29, 2006, unless 

we receive significant adverse 

comments on or before September 18, 

2006. Significant adverse comments are 

comments that provide strong 

justifications why the rule should not be 

adopted or for changing the rule. If we 

receive significant adverse comments, 

we will publish a notice in the Federal 

Register withdrawing this rule before 

the effective date. In the event that we 

do receive any significant adverse 

comments, we will engage in the normal 

rulemaking process to promulgate these 

changes to the CFR. Therefore, in this 

issue of the Federal Register, we have 

published a proposed rule regarding 

these regulatory changes. We will give 

the same consideration to comments 

submitted in response to either this 

direct final rule or the proposed rule; 

you do not need to submit separate 

comments for both documents. 

As discussed above, if we receive no 

significant adverse comments by the 

close of the comment period, then this 

direct final rule will become effective 

September 29, 2006. In that case, we 

will publish a document in the Federal 

Register, before the effective date of this 

direct final rule, confirming the effective 

date and withdrawing the related 

proposed rule. 

Required Determinations 

Regulatory Planning and Review 

[Executive Order (E.O.) 12866], 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.), and Small Business Regulatory 

Enforcement Fairness Act (5 U.S.C. 

804(2)) 

An economic analysis is not necessary 

because this rule will not have an 

economic impact on any entities, large 

or small. The Office of Management and 

Budget (OMB) has determined that this 

rule is not a significant rule under E.O. 

12866, and, therefore, OMB has not 

reviewed it. 

Unfunded Mandates Reform Act (2 

U.S.C. 1501 et seq.) 

In accordance with the Unfunded 

Mandates Reform Act: 

(a) This rule will not ’’significantly or 

uniquely’’ affect small governments. A 

Small Government Agency Plan is not 

required. 

(b) This rule will not produce a 

Federal mandate of $100 million or 

greater in any year; that is, it is not a 

’’significant regulatory action’’ under 

the Unfunded Mandates Reform Act. 

Takings 

In accordance with E.O. 12630, this 

rule does not have significant takings 

implications. A takings implication 

assessment is not required. 

Federalism 

In accordance with E.O. 13132, this 

rule does not have significant 

Federalism effects. A Federalism 

assessment is not required. 

Civil Justice Reform 

In accordance with E.O. 12988, the 

Office of the Solicitor has determined 

that this rule does not unduly burden 

the judicial system, and this rule meets 

the requirements of sections 3(a) and 

3(b)(2) of the Order. 

Paperwork Reduction Act (44 U.S.C. 

3501 et seq.) 

This rule does not contain any new 

information collection or recordkeeping 

requirements under the Paperwork 

Reduction Act of 1995. 

National Environmental Policy Act 

We have determined that an 

Environmental Assessment and/or an 

Environmental Impact Statement as 

defined by the National Environmental 

Policy Act of 1969 need not be prepared 

for this rule. This rule does not 

constitute a major Federal action 

significantly affecting the quality of the 

human environment. 

William Knauer drafted these 

regulations under the guidance of Peter 

J. Probasco of the Office of Subsistence 

Management, Alaska Regional Office, 

U.S. Fish and Wildlife Service, 

Anchorage, Alaska. Dennis Tol and 

Chuck Ardizzone, Alaska State Office, 

Bureau of Land Management; Greg Bos, 

Carl Jack, and Jerry Berg, Alaska 

Regional Office, U.S. Fish and Wildlife 

Service; Sandy Rabinowitch and Nancy 

Swanton, Alaska Regional Office, 

National Park Service; Dr. Warren 

Eastland, Pat Petrivelli, and Dr. Glenn 

Chen, Alaska Regional Office, Bureau of 

Indian Affairs; and Steve Kessler, 

Alaska Regional Office, USDA-Forest 

Service provided additional guidance. 

List of Subjects 

36 CFR Part 242 

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. 

■ For the reasons set out in the 

preamble, the Departments amend title 

36, part 242, and title 50, part 100, of 

the Code of Federal Regulations, as set 

forth below. 

PARTll—SUBSISTENCE 

MANAGEMENT REGULATIONS FOR 

PUBLIC LANDS IN ALASKA 

■ 1. The authority citation for both 36 

CFR part 242 and 50 CFR part 100 

continues to read as follows: 

Authority: 16 U.S.C. 3, 472, 551, 668dd, 

3101–3126; 18 U.S.C. 3551–3586; 43 U.S.C. 

1733. 

Subpart C—Board Determinations 

■ 2. In § ll.22, paragraph (a) is revised 

by adding ‘‘; and’’ at the end of 

paragraph (10) and a new paragraph (11) 

to read as follows: 

§ll.22 Subsistence resource regions. 

(a) * * * 

(11) Kenai Peninsula Region. 

* * * * * 

Dated: July 21, 2006. 

Peter J. Probasco, 

Acting Chair, Federal Subsistence Board. 

Dated: July 20, 2006. 

Steve Kessler, 

Subsistence Program Leader, 

USDA-Forest Service. 

[FR Doc. 06–6904 Filed 8–11–06; 8:45 am] 

BILLING CODE 3410–11–P;4310–55–P 


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