Federal Register / Vol. 71, No. 164 / Thursday, August 24, 2006 / Rules and Regulations 49997 

■ 2. Add temporary § 165.T01–108 to 

read as follows: 

§ 165.T01–108 Safety Zone; Blasting 

Operations, Demolition of Mattabassett 

Outfall, Connecticut River, Cromwell, CT. 

(a) Location. The following area is a 

safety zone: All waters of the 

Connecticut River, from surface to 

bottom, within a three hundred (300) 

yard radius of the blasting operations at 

Mattabassett Outfall located off 

Cromwell, CT. 

(b) Enforcement period. This rule is 

effective from 7 a.m. EDT August 9, 

2006 through 6 p.m. EDT on August 30, 

2006. 

(c) Definitions. (1) As used in this 

section, designated representative 

means a Coast Guard Patrol 

Commander, including a Coast Guard 

coxswain, petty officer, or other officer 

operating a Coast Guard vessel and a 

Federal, State, and local officer 

designated by or assisting the Captain of 

the Port (COTP). 

(2) [Reserved] 

(d) Regulations. ( 1) In accordance 

with the general regulations in § 165.23 

of this part, entry into or movement 

within this zone by any person or vessel 

is prohibited unless authorized by the 

Captain of the Port (COTP), Long Island 

Sound or the COTP’s designated 

representative. 

(2) The safety zone is closed to all 

vessel traffic during blasting operations, 

except as may be permitted by the COTP 

or the COTP’s designated representative. 

(3) Vessel operators desiring to enter 

or operate within the safety zone must 

contact the COTP or the COTP’s 

designated representative to obtain 

permission to do so. Vessel operators 

given permission to enter or operate in 

the safety zone must comply with all 

directions given to them by the COTP or 

the COTP’s designated representative. 

Dated: August 3, 2006. 

P. J. Boynton, 

Captain, U.S. Coast Guard, Captain of the 

Port, Long Island Sound. 

[FR Doc. E6–14069 Filed 8–23–06; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

36 CFR Part 242 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 100 

RIN 1018–AU70 

Subsistence Management Regulations 

for Public Lands in Alaska, Subpart A; 

Makhnati Island Area 

AGENCIES: Forest Service, Agriculture; 

Fish and Wildlife Service, Interior. 

ACTION: Final rule. 

SUMMARY: This rule revises the 

jurisdiction of the Federal Subsistence 

Management Program by adding 

submerged lands and waters in the area 

of Makhnati Island, near Sitka, Alaska. 

This would then allow Federal 

subsistence users to harvest marine 

resources in this area under seasons, 

harvest limits, and methods specified in 

Federal Subsistence Management 

regulations. 

DATES: This rule will be effective 

September 25, 2006. 

FOR FURTHER INFORMATION CONTACT: 

Chair, Federal Subsistence Board, c/o 

U.S. Fish and Wildlife Service, 

Attention: Peter J. Probasco, Office of 

Subsistence Management; (907) 786–

3888. For questions specific to National 

Forest System lands, contact Steve 

Kessler, Regional Subsistence Program 

Leader, USDA, Forest Service, Alaska 

Region, (907) 786–3888. 

ADDRESSES: You may obtain additional 

information by contacting the Office of 

Subsistence Management, 3601 C Street, 

Suite 1030, Anchorage, Alaska 99503. 

SUPPLEMENTARY INFORMATION: 

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 program to 

provide for rural Alaska residents a 

priority for the taking 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, 

priority, 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 priority in the State subsistence 

statute violated the Alaska Constitution. 

The Court’s ruling in McDowell caused 

the State to delete the rural priority from 

the subsistence statute, an action which 

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 Departments 

published the Temporary Subsistence 

Management Regulations for Public 

Lands in Alaska in the Federal Register 

(55 FR 27114). Permanent regulations 

were jointly published on May 29, 1992 

(57 FR 22940), and have been amended 

since then. 

As a result of this joint process 

between Interior and Agriculture, these 

regulations can be found in the Code of 

Federal Regulations (CFR) both in title 

36, ‘‘Parks, Forests, and Public 

Property,’’ and title 50, ‘‘Wildlife and 

Fisheries,’’ at 36 CFR 242.1–28 and 50 

CFR 100.1–28, respectively. The 

regulations contain the following 

subparts: Subpart A, General Provisions; 

Subpart B, Program Structure; Subpart 

C, Board Determinations; and Subpart 

D, Subsistence Taking of Fish and 

Wildlife. 

Consistent with Subparts A, B, and C 

of these regulations, as revised May 7, 

2002 (67 FR 30559), and December 27, 

2005 (70 FR 76400), the Departments 

established a Federal Subsistence Board 

(Board) to administer the Federal 

Subsistence Management Program, as 

established by the Secretaries. The 

Board’s composition includes 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, U.S. National Park Service; the 

Alaska State Director, U.S. Bureau of 


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49998 Federal Register / Vol. 71, No. 164 / Thursday, August 24, 2006 / Rules and Regulations 

Land Management (BLM); the Alaska 

Regional Director, U.S. Bureau of Indian 

Affairs; and the Alaska Regional 

Forester, USDA Forest Service. Through 

the Board, these agencies participated in 

the development of regulations for 

Subparts A, B, and C, and the annual 

Subpart D regulations. 

Jurisdictional Perspective 

Federal Subsistence Management 

Regulations (50 CFR 100.3 and 36 CFR 

242.3) currently specify that ‘‘The 

public lands described in paragraphs (b) 

and (c) of this section remain subject to 

change through rulemaking pending a 

Department of the Interior review of title 

and jurisdictional issues regarding 

certain submerged lands beneath 

navigable waters in Alaska.’’ In April 

2005, the Board requested a review by 

the U.S. Department of the Interior’s 

Office of the Solicitor to determine 

whether a Federal interest presently 

exists in certain areas of southeastern 

Alaska. The specific areas were 

originally identified by the Sitka Tribe 

of Alaska and presented before the 

Southeast Alaska Subsistence Regional 

Advisory Council, who forwarded a 

request for review to the Board. In 

November 2005, the Office of the 

Solicitor responded that the Makhnati 

Island area withdrawal in Executive 

Order 8877 (August 29, 1941) was not 

rescinded until after statehood, so the 

submerged land did not transfer to the 

State at statehood. Since this submerged 

land is not included in any other 

withdrawal, reservation, or 

administrative setaside, the marine 

submerged lands, including any filled 

lands owned by the United States, are 

under the administration of the BLM. 

Accordingly, the Solicitor’s Office 

indicated that this area should be 

included within the jurisdiction of the 

Federal Subsistence Management 

Program. See 70 FR 76400 (December 

27, 2005). 

Public Review and Comment 

The Secretaries published a proposed 

rule (71 FR 25528) on May 1, 2006, 

soliciting comments through June 15, 

2006, on the proposed revision to 

jurisdiction in the Makhnati Island area. 

During a May 10, 2006, teleconference, 

the Southeast Alaska Regional Advisory 

Council (Council) provided the public 

an opportunity to offer comments so 

that the Council could develop its 

recommendation to the Board. During 

the public comment period, the 

Secretaries (we) received four 

comments: one from a State entity, one 

from a Native organization, one from a 

private citizen, and one from a Regional 

Council. All concurred with the 

proposal to include the Makhnati Island 

area under jurisdiction of the Federal 

Subsistence Management Program, and 

none offered comments needing to be 

addressed herein. 

Therefore, we are amending the 

Federal Subsistence Management 

Regulations for Public Lands in Alaska 

to reflect Federal subsistence 

management jurisdiction in the area of 

Makhnati Island, near Sitka, Alaska. 

The specific area encompasses 

approximately 610 acres of land and 

water adjacent to Japonski Island. 

Whiting Harbor and numerous small 

islands are included within the 

boundary of the withdrawal. The Board 

recommends the inclusion of this area 

in the Federal Subsistence Management 

Program. A map is available for this 

area. The purpose of this map is to 

provide to the subsistence user an 

overall graphic representation of the 

extent of the area. To view the map, go 

to the Office of Subsistence 

Management Web site at http:// 

alaska.fws.gov/asm/home.html. If you 

do not have access to the Internet, you 

may contact the Office of Subsistence 

Management at the phone number or 

address shown at FOR FURTHER

INFORMATION CONTACT or ADDRESSES, 

respectively, and we will send the map 

to you. 

We are amending § l.3(b), which 

includes those areas where marine 

waters are included, and where the 

regulations contained in 50 CFR 100 

and 36 CFR 242 apply to both navigable 

and non-navigable waters. If additional 

marine submerged lands are determined 

in the future to be held by the United 

States, those additional lands would be 

the subject of future rulemakings. 

Because the Federal Subsistence 

Management Program relates to public 

lands managed by an agency or agencies 

in both the Departments of Agriculture 

and the Interior, we would propose to 

incorporate identical text into 36 CFR 

part 242 and 50 CFR part 100. 

Required Determinations 

Regulatory Planning and Review (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 

for this rule because this rule will not 

have an economic impact on any 

entities, large or small. This rule is not 

a significant rule under E.O. 12866 and, 

therefore, was not reviewed by the 

Office of Management and Budget. 

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 Executive Order 

12630, this rule does not have 

significant takings implications. A 

takings implication assessment is not 

required. 

Federalism 

In accordance with Executive Order 

13132, this rule does not have 

significant Federalism effects. A 

Federalism assessment is not required. 

Civil Justice Reform 

In accordance with Executive Order 

12988, the Office of the Solicitor has 

determined that this rule does not 

unduly burden the judicial system and 

that it meets the requirements of 

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

Government-to-Government Relations 

In accordance with the President’s 

memorandum of April 29, 1994, 

‘‘Government-to-Government Relations 

with Native American Tribal 

Governments’’ (59 FR 22951), 512 DM 2, 

and E.O. 13175, we have evaluated 

possible effects on Federally recognized 

Indian tribes and have determined that 

there are no effects. The Bureau of 

Indian Affairs is a participating agency 

in this rulemaking. 

Energy Effects 

On May 18, 2001, the President issued 

Executive Order 13211 on regulations 

that significantly affect energy supply, 

distribution, or use. This Executive 

Order requires agencies to prepare 

Statements of Energy Effects when 

undertaking certain actions. As this rule 

is not a significant regulatory action 

under Executive Order 13211, affecting 

energy supply, distribution, or use, this 

action is not a significant action and no 

Statement of Energy Effects is required. 

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. Federal 

Agencies may not conduct or sponsor, 


rmajette on PROD1PC67 with RULES1
Federal Register / Vol. 71, No. 164 / Thursday, August 24, 2006 / Rules and Regulations 49999 

and a person is not required to respond 

to, a collection of information unless it 

displays a currently valid OMB control 

number. 

National Environmental Policy Act 

An environmental assessment was 

prepared in 1997 on the expansion of 

Federal jurisdiction over fisheries and is 

available by contacting the office listed 

under FOR FURTHER INFORMATION

CONTACT. The Secretary of the Interior 

with the concurrence of the Secretary of 

Agriculture determined that the 

expansion of Federal jurisdiction did 

not constitute a major Federal action 

significantly affecting the human 

environment, and therefore, signed a 

Finding of No Significant Impact. 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. 

Compliance With Section 810 of 

ANILCA 

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. A Section 810 analysis was 

completed as part of the FEIS process. 

The final Section 810 analysis 

determination appeared in the April 6, 

1992, ROD, which concluded that the 

Federal Subsistence Management 

Program may have some local impacts 

on subsistence uses, but that the 

program is not likely to significantly 

restrict subsistence uses. 

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 Secretaries amend title 

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

the Code of Federal Regulations, as set 

forth below. 

PART l—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 A—General Provisions 

■ 2. In Subpart A of 36 CFR part 242 

and 50 CFR part 100, § l.3 is revised 

by adding paragraph (b)(5) to read as 

follows: 

§l.3 Applicability and scope. 

* * * * * 

(b) * * * 

(5) Southeastern Alaska—Makhnati 

Island Area: Land and waters beginning 

at the southern point of Fruit Island, 

5°02′35′′north latitude, 135°21′07′′ west 

longitude as shown on United States 

Coast and Geodetic Survey Chart No. 

8244, May 21, 1941; from the point of 

beginning, by metes and bounds; S. 58° 

W., 2500 feet, to the southern point of 

Nepovorotni Rocks; S. 83° W., 5600 feet, 

on a line passing through the southern 

point of a small island lying about 150 

feet south of Makhnati Island; N. 6° W., 

4200 feet, on a line passing through the 

western point of a small island lying 

about 150 feet west of Makhnati Island, 

to the northwestern point of Signal 

Island; N. 24° E., 3000 feet, to a point, 

5°03′15′′ north latitude, 135°23′07′′ west 

longitude; East, 2900 feet, to a point in 

course No. 45 in meanders of U.S. 

Survey No. 1496, on west side of 

Japonski Island; Southeasterly, with the 

meanders of Japonski Island, U.S. 

Survey No. 1496 to angle point No. 35, 

on the southwestern point of Japonski 

Island; S. 60° E., 3300 feet, along the 

boundary line of Naval reservation 

described in Executive Order No. 8216, 

July 25, 1939, to the point beginning. 

* * * * * 

Dated: August 9, 2006. 

Dirk Kempthorne, 

Secretary of the Interior, Department of the 

Interior. 

Dated: August 15, 2006. 

Dennis E. Bschor, 

Regional Forester, USDA-Forest Service. 

[FR Doc. 06–7119 Filed 8–23–06; 8:45 am] 

BILLING CODE 3410–11–P; 4310–55–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[Docket No. EPA–R08–OAR–2004–MT–0001, 

FRL–8202–1] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Montana; Revisions to the 

Administrative Rules of Montana 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving State 

Implementation Plan (SIP) revisions 

submitted by the State of Montana on 

April 18, 2003. The revisions modify the 

open burning rules and references to 

federal regulations in the 

Administrative Rules of Montana. The 

intended effect of this action is to make 

federally enforceable those provisions 

that EPA is approving. This action is 

being taken under section 110 of the 

Clean Air Act. 

EFFECTIVE DATE: This final rule is 

effective September 25, 2006. 

ADDRESSES: EPA has established a 

docket for this action under Docket No. 

EPA–R08–OAR–2004–MT–0001. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

http://www.regulations.gov or in hard 

copy at the Air and Radiation Program, 

Environmental Protection Agency 

(EPA), Region 8, 999 18th Street, Suite 

300, Denver, Colorado 80202–2466. EPA 

requests that if at all possible, you 

contact the individual listed in the FOR


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