Federal Register / Vol. 71, No. 154 / Thursday, August 10, 2006 / Notices 45847 

Executive Order 13132, Federalism 

The supplementary rules will not 

have a substantial direct effect on the 

states, on the relationship between the 

national government and the states, or 

on the distribution of power and 

responsibilities among the various 

levels of government. The 

supplementary rules in several 

instances call for compliance with state 

law. Therefore, in accordance with 

Executive Order 13132, BLM has 

determined that these supplementary 

rules do not have sufficient Federalism 

implications to warrant preparation of a 

Federalism Assessment. 

Executive Order 12988, Civil Justice 

Reform 

Under Executive Order 12988, the 

Office of the Solicitor determined that 

these supplementary rules will not 

unduly burden the judicial system and 

that they meet the requirements of 

sections 3(a) and 3(b)(2) of the Order. 

Executive Order 13175, Consultation 

and Coordination With Indian Tribal 

Governments 

In accordance with Executive Order 

13175, we have found that these 

supplementary rules do not include 

policies that have tribal implications. 

There are no Indian Reservations 

adjacent to the Fort Meade Recreation 

Area, nor are there any Indian Trust 

responsibilities issues such as mineral 

extraction or leases that affect the 

subject lands. 

Paperwork Reduction Act 

These supplementary rules do not 

contain information collection 

requirements that the Office of 

Management and Budget must approve 

under the Paperwork Reduction Act of 

1995, 44 U.S.C. 3501 et seq. 

Author 

The principal authors of these 

supplementary rules are William 

McDonald, Law Enforcement Ranger, 

South Dakota Field Office, and Jason 

Caffey, Law Enforcement Ranger, 

Montana State Office, BLM. 

For the reasons stated in the preamble 

and under the authorities for 

supplementary rules found under 43 

CFR 8365.1–6, 43 CFR 8364.1, 43 U.S.C. 

1740, 16 U.S.C. 670h(c)(5), and 43 

U.S.C. 315a, the Montana/Dakotas State 

Director, Bureau of Land Management is 

issuing supplementary rules for public 

lands managed by the BLM in South 

Dakota, to read as follows: 

Supplementary Rules for Fort Meade 

Recreation Area 

The following regulations apply to 

public lands in the Fort Meade 

Recreation Area: 

1. The use of tree stands must adhere 

to the regulations listed in South Dakota 

Game, Fish & Parks Department Code 

(section 41:03:01:19). 

2. You may hunt with firearms and 

legally pursue game under state law 

within the northern portion of Fort 

Meade Recreation Area. However, 

discharge of firearms for other than 

hunting and the pursuit of game under 

state law within the northern portion of 

the Fort Meade Recreation Area is 

prohibited. The northern portion of the 

Fort Meade Recreation Area is defined 

as the northern-most quarter of the area 

which lies north of the ridgeline near 

Sly Hill. The area includes the portions 

of Township 6 North, Range 5 East, 

Sections 25, 26, 27, 34, 35 & 36, and 

Township 6 North, Range 5 East, 

Sections 2, 3, and 10 that are east of Old 

Highway 79. Actual boundaries are well 

marked with signs. 

3. All firearms use is prohibited 

within the remaining portion of the Fort 

Meade Recreation Area. This includes 

the small area west of Old Highway 79, 

as well as the southern three-quarters of 

the Recreation Area. This includes 

target shooting as well as the legal 

pursuit of game with firearms during 

hunting seasons established by the state. 

The only exception is the use of 

muzzleloaders within the authorized 

range in the northwest quarter of 

Township 5 North, Range 5 East, 

Section 11. 

4. The use or possession afield of 

metal detectors within the Fort Meade 

Recreation Area is prohibited. 

5. Uncased firearms and bows are 

prohibited year round in established 

campgrounds. 

6. Gasoline motors are prohibited on 

Fort Meade Reservoir. 

7. Snowmobiles are prohibited within 

the Fort Meade Recreation Area. 

Penalties 

On all public lands, under section 

303(a) of the Federal Land Policy and 

Management Act of 1976, 43 U.S.C. 

1733(a), 43 CFR 8360.0–7 and 43 CFR 

9212.4, any person who violates any of 

these supplementary rules, closures or 

restrictions on public lands within the 

boundaries established in the rules may 

be tried before a United States 

Magistrate and fined no more than 

$1,000 or imprisoned for no more than 

12 months, or both. Such violations may 

also be subject to the enhanced fines 

provided for by 18 U.S.C. 3571. 

On public lands within grazing 

districts (43 U.S.C. 315) and grazing 

leased lands (43 U.S.C. 315m), under 

the Taylor Grazing Act, 43 U.S.C. 315(a), 

any person who violates any of these 

supplementary rules on public lands 

within the boundaries established in the 

rules may be tried before a United States 

Magistrate and fined no more than 

$500.00. Such violations may also be 

subject to the enhanced fines provided 

for by 18 U.S.C. 3571. 

On public lands fitting the criteria in 

the Sikes Act, 16 U.S.C. 670j(a)(2), any 

person who violates any of these 

supplementary rules on public lands 

within the boundaries established in the 

rules may be tried before a United States 

Magistrate and fined no more than 

$500.00 or imprisoned for no more than 

six months, or both. Such violations 

may also be subject to the enhanced 

fines provided for by 18 U.S.C. 3571. 

On public lands designated under the 

National Trails System (16 U.S.C. 1241–

1249) any person who violates any of 

these supplementary rules on public 

lands within the boundaries established 

in the rules may be tried before a United 

States Magistrate and fined no more 

than $500.00 or imprisoned for no more 

than six months, or both. Such 

violations may also be subject to the 

enhanced fines provided for by 18 

U.S.C. 3571. 

Martin C. Ott, 

Montana/Dakotas State Director, Bureau of 

Land Management. 

[FR Doc. E6–12927 Filed 8–9–06; 8:45 am] 

BILLING CODE 4310–33–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Reclamation 

Notice of Intention To Bill for Trinity 

Public Utilities District Assessment 

AGENCY: Bureau of Reclamation, 

Interior. 

ACTION: Notice of interim billing 

procedures. 

SUMMARY: To comply with the 

requirements of Public Law 106–377, 

the Mid-Pacific Region of the Bureau of 

Reclamation (Reclamation) will be 

billing Central Valley Project (CVP) 

water contractors for their share of the 

Trinity Public Utilities District (TPUD) 

assessment. This will be an interim 

process until supplementary rate setting 

policies are established that ensure full 

recovery of the assessment without 

further appropriation as required in the 

law. Billings will be prepared with 

payment due within 30 days and the 

billing period will cover the TPUD 


rwilkins on PROD1PC61 with NOTICES
45848 Federal Register / Vol. 71, No. 154 / Thursday, August 10, 2006 / Notices 

assessment for Fiscal Years 2006 and 

2007. 

DATES: Submit written comments on the 

direct billing of the TPUD assessment 

on or before August 18, 2006 to the 

address below. 

ADDRESSES: Written comments on this 

change in process for collecting the 

TPUD assessment should be addressed 

to the Bureau of Reclamation, Attention: 

Tom Ruthford, MP–3600, 2800 Cottage 

Way, Sacramento, CA 95825. 

FOR FURTHER INFORMATION CONTACT: For 

additional information, please contact 

Katherine Thompson at (916) 978–5550 

or E-mail: kthompson@mp.usbr.gov. 

SUPPLEMENTARY INFORMATION: Beginning 

in Fiscal Year 2001 and thereafter, 

Public Law 106–377, Section 203 

required Reclamation to collect 

annually from CVP water contractors an 

assessment for TPUD. Section 203 

states: ‘‘Beginning in fiscal year 2001 

and thereafter, the Secretary of the 

Interior shall assess and collect annually 

from Central Valley Project (CVP) water 

and power contractors the sum of 

$540,000 (June 2000 price levels) and 

remit, without further appropriation, the 

amount collected annually to the Trinity 

Public Utilities District (TPUD). This 

assessment shall be payable 70 percent 

by CVP Preference Power Customers 

and 30 percent by CVP Water 

Customers. The CVP Water Contractor 

share of this assessment shall be 

collected by the Secretary through 

established Bureau of Reclamation 

(Reclamation) Operation and 

Maintenance rate setting practices. The 

CVP Power Contractor share of this 

assessment shall be assessed by 

reclamation to the Western Area Power 

Administration, Sierra Nevada Region 

(Western), and collected by Western 

through established power rate setting 

practices.’’

Prior to FY 2006, these funds had 

been collected as a component of the 

water rates through the water rate 

setting process. Further, the Mid-Pacific 

Region’s system to account for water 

deliveries and resultant revenues remits 

revenue directly to the U.S. Treasury. 

While this is appropriate for water 

revenues, the system is not capable of 

collecting and accounting for the TPUD 

assessment separately from water 

revenue. Consequently, the Mid-Pacific 

Region is in the process of (1) 

developing a supplementary rate setting 

policy to collect the TPUD assessment 

separately from water revenue; (2) 

analyzing the extent of system changes, 

costs, and time required to account for 

TPUD assessment separately from water 

revenues; and (3) identifying and 

implementing preferred system changes. 

As an interim measure, the MidPacific Region will bill water 

contractors for the TPUD assessment. 

Billings will cover collections for Fiscal 

Years 2006 and 2007 and the TPUD 

surcharge will be eliminated from the 

published water rates for this time 

period. 

John F. Davis, 

Deputy Regional Director, Mid-Pacific Region. 

[FR Doc. 06–6816 Filed 8–9–06; 8:45 am] 

BILLING CODE 4310–MN–M 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Partial Consent 

Decree Under the National Marine 

Sanctuaries Act 

Notice is hereby given that on July 25, 

2006, a proposed Partial Consent Decree 

with All Oceans Transportation, Inc., 

Italia Marittima S.p.A. (formerly Lloyd 

Triestino Di Navigazione), and Yang 

Ming Marine Transport Corporation, in 

personam; and against the M/V YM 

PROSPERITY (previously known as the 

M/V MED TAIPEI), in rem, in United 

States v. All Oceans Transportation, 

Inc., et al., No. 06–4519–JF (N.D. Cal.), 

was lodged with the United States 

District Court for the Northern District 

of California. 

In this action, the United States seeks 

to recover from various defendants, 

pursuant to the National Marine 

Sanctuaries Act, 16 U.S.C. 1443(a)(1), 

response costs and damages resulting 

from destruction of or injury to natural 

resources caused by the loss of 

approximately fifteen shipping 

containers from the M/V YM Prosperity 

in the Monterey Bay Marine Sanctuary 

on or about February 26, 2004. Under 

the proposed Partial Consent Decree, 

defendants will pay $3,250,000.00 to the 

United States. 

The Department of Justice will receive 

for a period of thirty (30) days from the 

date of this publication comments 

relating to the Partial Consent Decree. 

Comments should be addressed to the 

Assistant Attorney General, 

Environment and Natural Resources 

Division, P.O. Box 7611, U.S. 

Department of Justice, Washington, DC 

20044–7611, and should refer to United 

States v. All Oceans Transportation, 

Inc., et al., (N.D. Cal.), DOJ Ref. No. 90–

5–1–1–08681. 

The Partial Consent Decree may be 

examined at the office of the Monterey 

Bay National Marine Sanctuary, 299 

Foam Street, Monterey, California. 

During the public comment period, the 

Partial Consent Decree may also be 

examined on the following Department 

of Justice Web site, http:// 

www.usdoj.gov/enrd/open.html. A copy 

of the Partial Consent Decree may also 

be obtained by mail from the Consent 

Decree Library, U.S. Department of 

Justice, P.O. Box 7611, Washington, DC 

20044–7611 or by faxing or e-mailing a 

request to Tonia Fleetwood 

(tonia.fleetwood@usdoj.gov), fax no. 

(202) 514–0097, phone confirmation 

number (202) 514–1547. In requesting a 

copy from the Consent Decree Library, 

please refer to United States v. All 

Oceans Transportation, Inc., et al., (N.D. 

Cal.), DOJ Ref. No. 90–5–1–1–08681, 

and enclose a check in the amount of 

$10.00 (25 cents per page reproduction 

cost) payable to the U.S. Treasury or, if 

by e-mail or fax, forward a check in that 

amount to the Consent Decree Library at 

the stated address. 

Henry S. Friedman, 

Assistant Section Chief, Environmental 

Enforcement Section, Environment and 

Natural Resources Division. 

[FR Doc. 06–6810 Filed 8–9–06; 8:45 am] 

BILLING CODE 4410–15–M 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Under the Clean Air Act 

Notice is hereby given that on July 21, 

2006 a proposed consent decree in 

United States v. American Iron Oxide 

Company and Magnetics International, 

Inc., Civil Action No. 2: 06–cv–00251–

WCL–APR was lodged with the United 

States District Court for the Northern 

District of Indiana. 

In this action the United States sought 

civil penalties and injunctive relief for 

alleged violations of Section 113(b) of 

the Clean Air Act, 42 U.S.C. 7413(b), 

more specifically the National Emission 

Standards for Hazardous Air Pollutants 

(NESHAP) for steel pickling—HC1, at 

three steel pickling facilities: American 

Iron Oxide’s facilities in Portage, 

Indiana, and Grandview, Indiana, and 

Magnetics International, Inc.’s facility in 

Burns Harbor, Indiana. The proposed 

Consent Decree requires the Defendants 

to: (a) Pay a total civil penalty of 

$100,000; (b) undertake two 

community-based Supplemental 

Environmental Projects; (c) make 

process and equipment modifications at 

the three facilities; (d) conduct stack 

tests to demonstrate compliance with 

the NESHAP at the Portage and 

Magnetic Facilities, with AMROX using 

a stack test to determine if the Rockport 

Facility is subject to the NESHAP; and 

(e) comply with all of the requirements 

of the NESHAP at the Portage and 

Magnetics Facilities, as well as at the 


rwilkins on PROD1PC61 with NOTICES