Federal Register / Vol. 71, No. 156 / Monday, August 14, 2006 / Proposed Rules 46427 

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 Alaska; Kenai 

Peninsula Subsistence Resource 

Region 

AGENCIES: Forest Service, Agriculture; 

Fish and Wildlife Service, Interior. 

ACTION: Proposed rule. 

SUMMARY: We, the U.S. Forest Service 

and U.S. Fish and Wildlife Service, are 

proposing to amend 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: We must receive your public 

comments no later than 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 Rulemaking 

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 associated regional 

council will better ensure that residents 

with personal knowledge of the Kenai 

Peninsula area will have a meaningful 

role in subsistence use management on 

Federal public lands. The Board will 

create this Region by taking State Game 

Management Units 7, 14C, and 15, 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. 

Elsewhere in today’s Federal Register, 

we have published a direct final rule to 

promulgate the same regulatory changes 

to 36 CFR part 242 and 50 CFR part 100 

proposed here. We published the direct 

final rule because we anticipate no 

significant adverse public comment on 

these changes. If we receive no 

significant adverse comments regarding 

these amendments on or before 


jlentini on PROD1PC65 with PROPOSAL
46428 Federal Register / Vol. 71, No. 156 / Monday, August 14, 2006 / Proposed Rules 

September 18, 2006, then these changes 

will become effective September 29, 

2006, and we will withdraw this 

proposed rule. If we do receive 

significant adverse comments, then this 

proposed rule initiates the normal 

notice-and-comment rulemaking 

process. We are opening this comment 

period for 45 days as it is desirable to 

have this regulatory change in place 

prior to the councils’ recruitment and 

appointment process for the winter 2007 

meeting cycle. 

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 proposed rule 

would not have an economic impact on 

any entities, large or small. The Office 

of Management and Budget (OMB) has 

determined that this proposed rule is 

not a significant rule under E.O. 12866, 

and, therefore, OMB has not reviewed 

this proposed rule. 

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 

proposed rule would not have 

significant takings implications. A 

takings implication assessment is not 

required. 

Federalism 

In accordance with E.O. 13132, this 

proposed rule would 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 proposed rule would not 

unduly burden the judicial system and 

this proposed 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 proposed 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 proposed rule. This proposal 

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 propose to 

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 

would continue 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. 06–6905 Filed 8–11–06; 8:45 am] 

BILLING CODE 3410–11–P; 4310–55–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2006–0604; FRL–8208–7] 

Approval and Promulgation of Air 

Quality Implementation Plans; State of 

South Dakota; Revisions to the 

Administrative Rules of South Dakota 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to take 

direct final action approving a State 

Implementation Plan (SIP) revisions 

submitted by the State of South Dakota 

on January 14, 2005. The January 14, 

2005 submittal revises the 

Administrative Rules of South Dakota, 

Air Pollution Control Program, by 

modifying the chapters pertaining to 

definitions, ambient air quality, air 

quality episodes, operating permits for 

minor sources, regulated air pollutant 

emissions, new source review, 

performance testing, control of visible 

emissions, and continuous emission 

monitoring systems. In addition, the 

State made revisions to the Prevention 

of Significant Deterioration program, 

which has been delegated to the State. 

The intended effect of this action is to 

make these revisions federally 

enforceable. We are also announcing 

that on March 23, 2005, we updated the 

delegation of authority for the 

implementation and enforcement of the 

New Source Performance Standards to 

the State of South Dakota. These actions 

are being taken under sections 110 and 

111 of the Clean Air Act. 

In the ‘‘Rules and Regulations’’

section of this Federal Register, EPA is 

approving the State’s SIP revision as a 

direct final rule without prior proposal 

because the Agency views this as a 

noncontroversial SIP revision and 


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