46398 Federal Register / Vol. 71, No. 156 / Monday, August 14, 2006 / Rules and Regulations 

The Small Business Regulatory 

Enforcement Fairness Act of 1996 

This rule is not a major rule as 

defined by 5 U.S.C. 804, for purposes of 

congressional review of agency 

rulemaking under the Small Business 

Regulatory Enforcement Fairness Act of 

1996, Public Law 104–121. This rule 

will not result in an annual effect on the 

economy of $100 million or more; a 

major increase in costs or prices; or 

adverse effects on competition, 

employment, investment, productivity, 

innovation, or the ability of United 

States-based companies to compete with 

foreign based companies in domestic 

and import markets. 

The Unfunded Mandates Reform Act of 

1995 

Section 202 of the Unfunded 

Mandates Reform Act of 1995 (UFMA), 

Public Law 104–4; 109 Stat. 48; 2 U.S.C. 

1532, generally requires agencies to 

prepare a statement before proposing 

any rule that may result in an annual 

expenditure of $100 million or more by 

State, local, or tribal governments, or by 

the private sector. This rule does not 

result in any such expenditure nor will 

it significantly or uniquely affect small 

governments. Therefore, no actions were 

deemed necessary. 

Executive Order 13132: Federalism 

The Department of State finds that 

this regulation will not have substantial 

direct effects on the States, on the 

relationship between the national 

government and the States, or the 

distribution of power and 

responsibilities among the various 

levels of government. Nor does the rule 

have federalism implications warranting 

the application of Executive Orders No. 

12372 and No. 13132. 

Executive Order 12866: Regulatory 

Review 

The Department of State considers 

this rule to be a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

section 3(f), Regulatory Planning and 

Review. Therefore, the Department has 

submitted the rule to the Office of 

Management and Budget for its review. 

Executive Order 12988: Civil Justice 

Reform 

The Department has reviewed the 

regulations in light of sections 3(a) and 

3(b)(2) of Executive Order No. 12988 to 

eliminate ambiguity, minimize 

litigation, establish clear legal 

standards, and reduce burden. 

The Paperwork Reduction Act of 1995 

This rule does not impose information 

collection requirements under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C., Chapter 35. 

List of Subjects in 22 CFR Part 51 

Administrative practice and 

procedure, Drug traffic control, 

Passports and Visas. 

■ Accordingly, for the reason set forth 

above, 22 CFR part 51 is amended as 

follows: 

PART 51—PASSPORTS 

■ 1. The authority citation for Part 51 is 

revised to read as follows: 

Authority: 8 U.S.C. 1153 note, 1351, 1351 

note; 10 U.S.C. 2602(c); 22 U.S.C. 214, 

2504(a), 4201, 4206, 4215, 4219; 31 U.S.C. 

9701; Public Law 105–277, 112 Stat. 2681 et 

seq.; Public Law 109–167, 119 Stat. 3578; 

Public Law 108–447, 118 Stat. 2809 et seq.; 

E.O. 10718, 22 FR 4632, 3 CFR, 1954–1958 

Comp., p. 382; E.O. 11295, 31 FR 10603, 3 

CFR, 1966–1970 Comp., p. 570. 

■ 2. Section 51.61 is amended by 

redesignating paragraphs (b) and (c) as 

paragraphs (c) and (d) and adding a new 

paragraph (b) to read as follows: 

§ 51.61 Passport fees. 

* * * * * 

(b) A surcharge of six dollars on the 

filing of each application for a passport 

in order to cover the costs of meeting 

the increased demand for passports as a 

result of actions taken to comply with 

section 7209(b) of the Intelligence 

Reform and Terrorism Prevention Act of 

2004 (8 U.S.C. 1165 note). The 

surcharge will be recovered by the 

Department of State from within the 

passport fee reflected in Schedule of 

Consular Fees. The surcharge will be 

imposed until October 1, 2010. 

* * * * * 

Dated: August 4, 2006. 

Henrietta Fore, 

Under Secretary for Management, 

Department of State. 

[FR Doc. E6–13300 Filed 8–11–06; 8:45 am] 

BILLING CODE 4710–06–P 

DEPARTMENT OF THE INTERIOR 

Minerals Management Service 

30 CFR Parts 250 and 254 

RIN 1010–AD35 

Oil and Gas and Sulphur Operations in 

the Outer Continental Shelf (OCS) and 

Oil-Spill Response Requirements for 

Facilities Located Seaward of the 

Coast Line—Change in Reference to 

Official Title 

AGENCY: Minerals Management Service 

(MMS), Interior. 

ACTION: Final rule. 

SUMMARY: MMS is changing the title 

‘‘District Supervisor’’ to ‘‘District 

Manager’’ in regulations to make them 

consistent with a change in the title 

within MMS. 

DATES: This rule is effective on August 

14, 2006. 

FOR FURTHER INFORMATION CONTACT: 

Cheryl Blundon, Regulatory Specialist 

at (703) 787–1607 or FAX (703) 787–

1555. 

SUPPLEMENTARY INFORMATION: 

Background: On August 14, 2003, an 

official change of title for District 

Supervisor positions was approved by 

the Offshore Minerals Management 

Associate Director, and by the 

Administration and Budget Associate 

Director. The titles were changed from 

‘‘District Supervisor’’ to ‘‘District 

Manager’’ due to the breadth and scope 

of the District Supervisors’ mission. The 

regulations at 30 CFR parts 250 and 254 

need to be amended to reflect the 

official change of the title. 

Because this rule only changes the 

reference to the official title of an MMS 

intermediate-level manager position and 

makes no substantive change in any rule 

or requirement, MMS for good cause 

finds that notice and public comment 

are impracticable and unnecessary 

pursuant to 5 U.S.C. 553(b)(B). For the 

same reason, MMS finds good cause to 

waive the delay in effectiveness 

pursuant to 5 U.S.C. 553(d)(3), no party 

needing to adjust its conduct to conform 

to the rule. 

Procedural Matters 

Regulatory Planning and Review 

(Executive Order 12866) 

This document is not a significant 

rule as determined by the Office of 

Management and Budget (OMB) and is 

not subject to review under E.O. 12866. 

(1) This rule will not have an effect of 

$100 million or more on the economy. 

It will not adversely affect in a material 

way the economy, productivity, 

competition, jobs, the environment, 

public health or safety, or State, local, 

or tribal governments or communities. 

(2) This rule will not create a serious 

inconsistency or otherwise interfere 

with an action taken or planned by 

another agency. It will have no effect on 

any other agency. 

(3) This rule does not alter the 

budgetary effects or entitlements, grants, 

user fees, or loan programs or the rights 

or obligations of their recipients. The 

rule only addresses a change of title. 

(4) This rule does not raise novel legal 

or policy issues. 


jlentini on PROD1PC65 with RULES
Federal Register / Vol. 71, No. 156 / Monday, August 14, 2006 / Rules and Regulations 46399 

Regulatory Flexibility Act (RFA) 

The Department certifies that this rule 

will not have a significant economic 

effect on a substantial number of small 

entities as defined under the RFA (5 

U.S.C. 601 et seq.). 

Comments from the public are 

important to us. The Small Business and 

Agriculture Regulatory Enforcement 

Ombudsman and 10 Regional Fairness 

Boards were established to receive 

comments from small business about 

Federal agency enforcement actions. 

The Ombudsman will annually evaluate 

the enforcement activities and rate each 

agency’s responsiveness to small 

business. If you wish to comment on the 

actions of MMS, call 1–888–734–3247. 

You may comment to the Small 

Business Administration without fear of 

retaliation. Disciplinary action for 

retaliation by an MMS employee may 

include suspension or termination from 

employment with the Department of the 

Interior. 

Small Business Regulatory Enforcement 

Fairness Act (SBREFA) 

This rule is not a major rule under the 

SBREFA (5 U.S.C. 804(2)). This rule: 

a. Does not have an annual effect on 

the economy of $100 million or more. 

b. Will not cause an increase in costs 

or prices for consumers, individual 

industries, Federal, State, or local 

government agencies, or geographic 

regions. 

c. Does 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. 

Unfunded Mandates Reform Act 

(UMRA) of 1995 

This rule does not impose an 

unfunded mandate on State, local, or 

tribal governments or the private sector 

of more than $100 million per year. The 

rule does not have a significant or 

unique effect on State, local or tribal 

governments or the private sector. A 

statement containing the information 

required by the UMRA (2 U.S.C. 1531 et 

seq.) is not required. 

Takings Implications Assessment 

(Executive Order 12630) 

This rule is not a governmental action 

capable of interference with 

constitutionally protected property 

rights. Thus, MMS did not need to 

prepare a Takings Implication 

Assessment according to E.O. 12630, 

Governmental Actions and Interference 

with Constitutionally Protected Property 

Rights. 

Federalism (Executive Order 13132) 

With respect to E.O. 13132, this rule 

would not have federalism implications. 

This rule would not substantially and 

directly affect the relationship between 

the Federal and State governments. To 

the extent that State and local 

governments have a role in OCS 

activities, this rule would not affect that 

role. 

Civil Justice Reform (Executive Order 

12988) 

With respect to E.O. 12988, the Office 

of the Solicitor has determined that this 

rule does not unduly burden the judicial 

system and meets the requirements of 

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

Paperwork Reduction Act (PRA) 

The proposed revisions do not 

contain any information collection 

subject to the PRA and do not require 

a form OMB83–I be submitted to OMB 

for review and approval under section 

3507(d) of the PRA. The PRA provides 

that an agency may not conduct or 

sponsor a collection of information 

unless it displays a currently valid OMB 

control number. Until OMB approves a 

collection of information and assigns a 

control number, you are not required to 

respond. 

National Environmental Policy Act 

(NEPA) of 1969 

The MMS has determined that this 

final rule is strictly administrative in 

nature. This qualifies for a categorical 

exclusion under 516 Departmental 

Manual (DM) Chapter 2, Appendix 1.10. 

Therefore, it is categorically excluded 

from environmental review under 

section 102(2)(C) of the National 

Environmental Policy Act (NEPA), 

pursuant to 516 DM, Chapter 2, 

Appendix 1. In addition, the final rule 

does not involve any of the 10 

extraordinary circumstances listed in 

516 DM, Chapter 2, Appendix 2. 

Pursuant to Council on Environmental 

Quality regulations (40 CFR 1508.4) and 

the environmental policies and 

procedures of the Department of the 

Interior, the term ‘‘categorical 

exclusions’’ means a category of actions 

which do not individually or 

cumulatively have a significant effect on 

the human environment and that have 

been found to have no such effect in 

procedures adopted by a Federal agency 

and for which neither an environmental 

assessment nor an environmental 

impact statement is required. 

Energy Supply, Distribution or Use 

(Executive Order 13211) 

Executive Order 13211 requires the 

agency to prepare a Statement of Energy 

Effects when it takes a regulatory action 

that is identified as a significant energy 

action. This rule is not a significant 

energy action, and therefore would not 

require a Statement of Energy Effects 

because it: 

a. Is not a significant regulatory action 

under E.O. 12866, 

b. Is not likely to have a significant 

adverse effect on the supply, 

distribution, or use of energy, and 

c. Has not been designated by the 

Administrator of the Office of 

Information and Regulatory Affairs, 

OMB, as a significant energy action. 

Consultation With Indian Tribes 

(Executive Order 13175) 

Under the criteria in E.O. 13175, we 

have evaluated this proposed rule and 

determined that it has no potential 

effects on federally recognized Indian 

tribes. There are no Indian lands or 

tribes on the OCS. 

List of Subjects 

30 CFR Part 250 

Continental shelf, Environmental 

impact statements, Environmental 

protection, Government contracts, 

Investigations, Oil and gas exploration, 

Penalties, Pipelines, Public lands—

minerals resources, Public lands—rightof-way, Reporting and recordkeeping 

requirements, Sulphur. 

30 CFR Part 254 

Continental shelf, Environmental 

protection, Intergovernmental relations, 

Oil and gas exploration, Oil pollution, 

Penalties, Pipelines, Public lands—

mineral resources, Reporting and 

recordkeeping requirements. 

Dated: July 24, 2006. 

R.M. ‘‘Johnnie’’ Burton, 

Director, Minerals Management Service, 

Exercising the delegated authority of the 

Assistant Secretary, Land and Minerals 

Management. 

■ For the reasons stated above, MMS 

amends 30 CFR parts 250 and 254 as 

follows: 

PART 250—OIL AND GAS AND 

SULPHUR OPERATIONS IN THE 

OUTER CONTINENTAL SHELF 

■ 1. The authority citation for part 250 

continues to read as follows: 

Authority: 43 U.S.C. 1331 et seq., 31 U.S.C. 

9701. 

PART 250—[NOMENCLATURE 

CHANGE] 

■ 2. In part 250 remove the words 

‘‘District Supervisor’’ wherever they 

appear and add, in their place, the 

words ‘‘District Manager.’’


jlentini on PROD1PC65 with RULES
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