Federal Register / Vol. 71, No. 243 / Tuesday, December 19, 2006 / Proposed Rules 75899 

shareholders. The text of those 

regulations also serves as the text of 

these proposed regulations. 

DATES: Written or electronic comments 

and requests for a public hearing must 

be received by March 19, 2007. 

ADDRESSES: Send submissions to: 

CC:PA:LPD:PR (REG–125632–06), 

Internal Revenue Service, PO Box 7604, 

Ben Franklin Station, Washington, DC 

20044. Submissions may be hand 

delivered to CC:PA:LPD:PR (REG–

125632–06), Courier Desk, Internal 

Revenue Service, Crystal Mall 4, 1901 

South Bell Street, Arlington, Virginia, or 

sent electronically, via the IRS Internet 

site at http://www.irs.gov/regs or via the 

Federal eRulemaking Portal at http:// 

www.regulations.gov (IRS REG–125632–

06). 

FOR FURTHER INFORMATION CONTACT: 

Concerning the proposed regulations, 

Bruce A. Decker, (202) 622–7550; 

concerning submissions of comments, 

the hearing, and/or to be placed on the 

access list to attend the hearing, Kelly 

Banks, (202) 622–7180 (not toll-free 

numbers). 

SUPPLEMENTARY INFORMATION: 

Background 

Temporary regulations in the Rules 

and Regulations section of this issue of 

the Federal Register amend 26 CFR part 

1. The temporary regulations provide 

guidance on circumstances where the 

distribution of stock and/or securities 

under section 354(b)(1)(B) will be 

deemed satisfied in the absence of an 

actual issuance of stock and/or 

securities pursuant to a reorganization 

described in section 368(a)(1)(D). The 

text of those regulations also serves as 

the text of these proposed regulations. 

The preamble to the temporary 

regulations explains the amendments. 

Explanation of Provisions 

These temporary regulations provide 

guidance regarding the circumstances in 

which the distribution requirement 

under sections 368(a)(1)(D) and 

354(b)(1)(B) is deemed satisfied despite 

the fact that no stock and/or securities 

are actually issued in a transaction 

otherwise described in section 

368(a)(1)(D). These regulations will 

affect certain cash sales of assets 

between two corporations that have the 

same direct or indirect shareholders or 

a de minimis variation in shareholder 

identity and proportionality. 

Special Analyses 

It has been determined that this notice 

of proposed rulemaking is not a 

significant regulatory action as defined 

in Executive Order 12866. Therefore, a 

regulatory assessment is not required. It 

also has been determined that section 

553(b) of the Administrative Procedure 

Act (5 U.S.C. chapter 5) does not apply 

to these regulations, and because the 

regulation does not impose a collection 

of information on small entities, the 

Regulatory Flexibility Act (5 U.S.C. 

chapter 6) does not apply. Pursuant to 

section 7805(f) of the Internal Revenue 

Code, this notice of proposed 

rulemaking will be submitted to the 

Chief Counsel for Advocacy of the Small 

Business Administration for comment 

on its impact on small business. 

Comments and Requests for a Public 

Hearing 

Before these proposed regulations are 

adopted as final regulations, 

consideration will be given to any 

written (a signed original and eight (8) 

copies) or electronic comments that are 

submitted timely to the IRS. The IRS 

and Treasury Department request 

comments on the clarity of the proposed 

rules and how they can be made easier 

to understand. The IRS and Treasury 

Department request comments on 

several issues relating to acquisitive 

reorganizations described in section 

368(a)(1)(D). Specifically, the IRS and 

Treasury Department request comments 

on whether the meaningless gesture 

doctrine is inconsistent with the 

distribution requirement in sections 

368(a)(1)(D) and 354(b)(1)(B), especially 

in situations in which the cash 

consideration received equals the full 

fair market value of the property 

transferred such that there is no missing 

consideration for which the nominal 

share of stock deemed received and 

distributed could substitute. The IRS 

and Treasury Department also request 

comments on the extent, if any, to 

which the continuity of interest 

requirement should apply to a 

reorganization described in section 

368(a)(1)(D). The IRS and Treasury 

Department request comments on 

whether these temporary regulations 

should apply when the parties to the 

reorganization are members of a 

consolidated group. Finally, the IRS and 

Treasury Department request comments 

on the continued vitality of various 

liquidation-reincorporation authorities 

after the enactment of the Tax Reform 

Act of 1986, Public Law 99–514 (100 

Stat. 2085 (1986)). All comments will be 

available for public inspection and 

copying. A public hearing will be 

scheduled if requested in writing by any 

person that timely submits written 

comments. If a public hearing is 

scheduled, notice of the date, time, and 

place for the public hearing will be 

published in the Federal Register. 

Drafting Information 

The principal author of these 

regulations is Bruce A. Decker, Office of 

Associate Chief Counsel (Corporate). 

List of Subjects in 26 CFR Part 1 

Income taxes, Reporting and 

recordkeeping requirements. 

Proposed Amendments to the 

Regulations 

Accordingly, 26 CFR part 1 is 

proposed to be amended as follows: 

PART 1—INCOME TAXES 

Paragraph 1. The authority citation 

for part 1 continues to read in part as 

follows: 

Authority: 26 U.S.C. 7805 * * * 

Par. 2. Section 1.368–2 is amended by 

revising paragraph (l) to read as follows: 

§ 1.368–2 Definition of terms. 

* * * * * 

(l) [The text of this proposed 

amendment to § 1.368–2(l) is the same 

as the text of § 1.368–2T(l)(1) through 

(l)(4)(i) published elsewhere in this 

issue of the Federal Register] 

Mark E. Matthews, 

Deputy Commissioner for Services and 

Enforcement. 

[FR Doc. E6–21572 Filed 12–18–06; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

36 CFR Part 242 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 100 

RIN 1018–AU71 

Subsistence Management Regulations 

for Public Lands in Alaska, Subpart C 

and Subpart D: 2008–09 Subsistence 

Taking of Fish and Shellfish 

Regulations 

AGENCIES: Forest Service, Agriculture; 

Fish and Wildlife Service, Interior. 

ACTION: Proposed rule. 

SUMMARY: This proposed rule would 

establish regulations for fishing seasons, 

harvest limits, methods, and means 

related to taking of fish and shellfish for 

subsistence uses during the 2008–09 

regulatory year. The rulemaking is 

necessary because Subpart D is subject 

to an annual public review cycle. When 


pwalker on PRODPC60 with PROPOSALS
75900 Federal Register / Vol. 71, No. 243 / Tuesday, December 19, 2006 / Proposed Rules 

final, this rulemaking would replace the 

fish and shellfish taking regulations 

included in the ‘‘Subsistence 

Management Regulations for Public 

Lands in Alaska, Subpart D: 2007–08 

Subsistence Taking of Fish and Wildlife 

Regulations,’’ which expire on March 

31, 2008. This rule would also amend 

the Customary and Traditional Use 

Determinations of the Federal 

Subsistence Board and the General 

Regulations related to the taking of fish 

and shellfish. 

DATES: The Federal Subsistence Board 

must receive your written public 

comments and proposals to change this 

proposed rule no later than March 23, 

2007. Federal Subsistence Regional 

Advisory Councils (Regional Councils) 

will hold public meetings to receive 

proposals to change this proposed rule 

between February 19, 2007, and March 

21, 2007. See SUPPLEMENTARY

INFORMATION for additional information 

on the public meetings. 

ADDRESSES: You may submit proposals 

by any of the following methods: 

• E-mail: Subsistence@fws.gov. 

• Fax: 907–786–3898. 

• Mail: Office of Subsistence 

Management, 3601 C Street, Suite 1030, 

Anchorage, Alaska 99503. 

See SUPPLEMENTARY INFORMATION for 

file formats and other information about 

electronic filing. The public meetings 

will be held at various locations in 

Alaska. See SUPPLEMENTARY INFORMATION

for additional information on locations 

of the public meetings. 

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) 786–3592. 

SUPPLEMENTARY INFORMATION: 

Public Review Process—Regulation 

Comments, Proposals, and Public 

Meetings 

The Federal Subsistence Program will 

hold meetings on this proposed rule at 

the following locations in Alaska: 

Region 1—Southeast Regional Council, 

Kake, February 26, 2007 

Region 2—Southcentral Regional 

Council, Anchorage, March 13, 2007 

Region 3—Kodiak/Aleutians Regional 

Council, King Cove, March 12, 2007 

Region 4—Bristol Bay Regional Council, 

Naknek, February 20, 2007 

Region 5—Yukon-Kuskokwim Delta 

Regional Council, Hooper Bay, March 

15, 2007 

Region 6—Western Interior Regional 

Council, Aniak, March 6, 2007 

Region 7—Seward Peninsula Regional 

Council, Nome, February 20, 2007 

Region 8—Northwest Arctic Regional 

Council, Kotzebue, March 8, 2007 

Region 9—Eastern Interior Regional 

Council, Arctic Village, March 20, 

2007 

Region 10—North Slope Regional 

Council, Barrow, March 1, 2007 

We will publish notice of specific 

dates, times, and meeting locations in 

local and Statewide newspapers prior to 

the meetings. We may need to change 

locations and dates based on weather or 

local circumstances. The amount of 

work on each Regional Councils agenda 

will determine the length of each 

Regional Council meetings. 

Electronic filing of comments 

(preferred method): Please submit 

electronic comments (proposals) and 

other data to Subsistence@fws.gov. 

Please submit as either MS Word or 

Adobe Acrobat (PDF) files. 

During May 2007, we will compile 

and distribute for additional public 

review the written proposals to change 

Subpart D fishing regulations and 

Subpart C customary and traditional use 

determinations. A 30-day public 

comment period will follow distribution 

of the compiled proposal packet. We 

will accept written public comments on 

distributed proposals during the public 

comment period, which is presently 

scheduled to end on June 29, 2007. 

We will hold a second series of 

Regional Council meetings in September 

and October 2007, at which the Regional 

Councils will develop recommendations 

to the Board. You may also present 

comments on published proposals to 

change fishing and customary and 

traditional use determination 

regulations to the Regional Councils at 

those fall meetings. 

The Federal Subsistence Board 

(Board) will discuss and evaluate 

proposed changes to the subsistence 

taking of fish and shellfish regulations 

during a public meeting to be held in 

Anchorage in January 2008. You may 

provide additional oral testimony on 

specific proposals before the Board at 

that time. The Board will then 

deliberate and take final action on 

proposals received that request changes 

to this proposed rule at that public 

meeting. 

Please Note: The Board will not consider 

proposals for changes relating to hunting or 

trapping regulations at this time. The Board 

anticipates calling for proposed changes to 

those regulations in August 2007. 

The Board’s review of your comments 

and fish and shellfish proposals will be 

facilitated if you provide the following 

information: (a) Your name, address, 

and telephone number; (b) The section 

and/or paragraph of the proposed rule 

for which your change is being 

suggested; (c) A statement explaining 

why the change is necessary; (d) The 

proposed wording change; (e) Any 

additional information you believe will 

help the Board in evaluating your 

proposal. Proposals that fail to include 

the above information, or proposals that 

are beyond the scope of authorities in 

§ l.24, subpart C, and §§ l.25,l .27, 

or l.28, subpart D, may be rejected. The 

Board may defer review and action on 

some proposals to allow time for local 

cooperative planning efforts, or to 

acquire additional needed information, 

or if workload exceeds work capacity of 

staff, Regional Councils, or Board. These 

deferrals will be based on 

recommendations of the affected 

Regional Council, staff members, and on 

the basis of least harm to the subsistence 

user and the resource involved. 

Proposals should be specific to 

customary and traditional use 

determinations or to subsistence fishing 

seasons, harvest limits, and/or methods 

and means. 

Background 

Title VIII of the Alaska National 

Interest Lands Conservation Act 

(ANILCA) (16 U.S.C. 3111–3126) 

requires 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, 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 the 

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 


pwalker on PRODPC60 with PROPOSALS
Federal Register / Vol. 71, No. 243 / Tuesday, December 19, 2006 / Proposed Rules 75901 

Subsistence Management Regulations 

for Public Lands in Alaska were 

published in the Federal Register (55 

FR 27114). Consistent with subparts A, 

B, and C of these regulations, as revised 

October 14, 2004 (69 FR 60957), the 

Departments established a Federal 

Subsistence Board to administer the 

Federal Subsistence Management 

Program. 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 Land 

Management; the Alaska Regional 

Director, U.S. Bureau of Indian Affairs; 

and the Alaska Regional Forester, USDA 

Forest Service. Through the Board, these 

agencies participate in the development 

of regulations for subparts A, B, and C, 

and the annual subpart D regulations. 

All Board members have reviewed 

this proposed rule and agree with its 

substance. Because this proposed rule 

relates to public lands managed by an 

agency or agencies in both the 

Departments of Agriculture and the 

Interior, identical text would be 

incorporated into 36 CFR part 242 and 

50 CFR part 100. 

Applicability of Subparts A, B, and C 

Subparts A, B, and C (unless 

otherwise amended) of the Subsistence 

Management Regulations for Public 

Lands in Alaska, 50 CFR 100.1 to 100.23 

and 36 CFR 242.1 to 242.23, remain 

effective and apply to this proposed 

rule. Therefore, all definitions located at 

50 CFR 100.4 and 36 CFR 242.4 would 

apply to regulations found in this 

subpart. 

Federal Subsistence Regional Advisory 

Councils 

Pursuant to the Record of Decision, 

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 

(2004) and 50 CFR 100.11 (2004), and 

for the purposes identified therein, we 

divide Alaska into 10 subsistence 

resource regions, each of which is 

represented by a Regional Council. The 

Regional Councils provide a forum for 

rural residents with 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. 

The Regional Councils have a 

substantial role in reviewing the 

proposed rule and making 

recommendations for the final rule. 

Moreover, the Council Chairs, or their 

designated representatives, will present 

their Council’s recommendations at the 

Board meeting in January 2008. 

Proposed Changes From 2007–08 

Seasons and Harvest Limit Regulations 

Subpart D regulations are subject to 

an annual cycle and require 

development of an entire new rule each 

year. Customary and traditional use 

determinations (§ l.24 of subpart C) are 

also subject to an annual review process 

providing for modification each year. 

The text of the 2006–07 subparts C and 

D final rule, as modified by Federal 

Subsistence Board actions during their 

January 9–11, 2007, public meeting, 

serves as the foundation for the 2008–

09 subparts C and D proposed rule. 

Please see the 2006–07 subparts C and 

D final rule published in the March 29, 

2006 (71 FR 15569), issue of the Federal 

Register. The modifications for 2007–08 

made by the Board during their January 

2007 meeting may be viewed on the 

Office of Subsistence Management Web 

site at www.alaska.fws.gov/asm/ 

home.html. The regulations contained 

in this proposed rule would take effect 

on April 1, 2008, unless elements are 

changed by subsequent Board action 

following the public review process 

outlined herein. 

Conformance With Statutory and 

Regulatory Authorities 

National Environmental Policy Act 

Compliance—A Draft Environmental 

Impact Statement (DEIS) that described 

four alternatives for developing a 

Federal Subsistence Management 

Program was distributed for public 

comment on October 7, 1991. That 

document described the major issues 

associated with Federal subsistence 

management as identified through 

public meetings, written comments, and 

staff analysis and examined the 

environmental consequences of the four 

alternatives. Proposed regulations 

(subparts A, B, and C) that would 

implement the preferred alternative 

were included in the DEIS as an 

appendix. The DEIS and the proposed 

administrative regulations presented a 

framework for an annual regulatory 

cycle regarding subsistence hunting and 

fishing regulations (subpart D). The 

Final Environmental Impact Statement 

(FEIS) was published on February 28, 

1992. 

Based on the public comment 

received, the analysis contained in the 

FEIS, and the recommendations of the 

Federal Subsistence Board and the 

Department of the Interior’s Subsistence 

Policy Group, it was the decision of the 

Secretary of the Interior, with the 

concurrence of the Secretary of 

Agriculture, through the U.S. 

Department of Agriculture–Forest 

Service, to implement Alternative IV as 

identified in the DEIS and FEIS (Record 

of Decision on Subsistence Management 

for Federal Public Lands in Alaska 

(ROD), signed April 6, 1992). The DEIS 

and the selected alternative in the FEIS 

defined the administrative framework of 

an annual regulatory cycle for 

subsistence hunting and fishing 

regulations. The final rule for 

Subsistence Management Regulations 

for Public Lands in Alaska, subparts A, 

B, and C (57 FR 22940, published May 

29, 1992), implemented the Federal 

Subsistence Management Program and 

included a framework for an annual 

cycle for subsistence hunting and 

fishing regulations. 

An environmental assessment was 

prepared in 1997 on the expansion of 

Federal jurisdiction over fisheries and is 

available from 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 has, therefore, signed 

a Finding of No Significant Impact. 

Compliance with section 810 of 

ANILCA—A section 810 analysis was 

completed as part of the FEIS process on 

the Federal Subsistence Management 

Program. 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. The final section 

810 analysis determination appeared in 

the April 6, 1992, ROD, which 

concluded that the Federal Subsistence 

Management Program, under 

Alternative IV with an annual process 

for setting hunting and fishing 

regulations, may have some local 

impacts on subsistence uses, but it does 

not appear that the program may 

significantly restrict subsistence uses. 

During the environmental assessment 

process, an evaluation of the effects of 

this rule was also conducted in 

accordance with section 810. This 

evaluation supports the Secretaries’

determination that the rule will not 

reach the ‘‘may significantly restrict’’

threshold for notice and hearings under 


pwalker on PRODPC60 with PROPOSALS
75902 Federal Register / Vol. 71, No. 243 / Tuesday, December 19, 2006 / Proposed Rules 

ANILCA section 810(a) for any 

subsistence resources or uses. 

Paperwork Reduction Act—The 

information collection requirements 

contained in this rule have been 

approved by the Office of Management 

and Budget (OMB) under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.) and assigned OMB control 

number 1018–0075, which expires 

October 31, 2009. We may not conduct 

or sponsor, and you are not required to 

respond to, a collection of information 

unless it displays a current valid OMB 

control number. 

Economic Effects—This rule is not a 

significant rule subject to OMB review 

under Executive Order 12866. This 

rulemaking will impose no significant 

costs on small entities; this rule does 

not restrict any existing sport or 

commercial fishery on the public lands, 

and subsistence fisheries will continue 

at essentially the same levels as they 

presently occur. The exact number of 

businesses and the amount of trade that 

will result from this Federal landrelated activity is unknown. The 

aggregate effect is an insignificant 

positive economic effect on a number of 

small entities, such as tackle, boat, and 

gasoline dealers. The number of small 

entities affected is unknown; however, 

the fact that the positive effects will be 

seasonal in nature and will, in most 

cases, merely continue preexisting uses 

of public lands indicates that they will 

not be significant. 

In general, the resources to be 

harvested under this rule are already 

being harvested and consumed by the 

local harvester and do not result in an 

additional dollar benefit to the 

economy. However, we estimate that 

about 26.2 million pounds of fish 

(including about 9 million pounds of 

salmon) are harvested Statewide by the 

local subsistence users annually and, if 

based on a replacement value of $3.00 

per pound, would equate to $78.6 

million in food value Statewide. The 

cultural benefits of maintaining a 

subsistence lifestyle can be of 

considerable value to the participants. 

This makes the $78.6 million estimate 

for the consumptive value of this rule an 

underestimate of the total benefit. 

The Regulatory Flexibility Act of 1980 

(5 U.S.C. 601 et seq.) requires 

preparation of flexibility analyses for 

rules that will have a significant 

economic effect on a substantial number 

of small entities, which include small 

businesses, organizations, or 

governmental jurisdictions. The 

Departments certify based on the above 

figures that this rulemaking will not 

have a significant economic effect on a 

substantial number of small entities 

within the meaning of the Regulatory 

Flexibility Act. Under the Small 

Business Regulatory Enforcement 

Fairness Act (5 U.S.C. 801 et seq.), this 

rule is not a major rule. It does not have 

an effect on the economy of $100 

million or more, will not cause a major 

increase in costs or prices for 

consumers, and 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. 

Title VIII of ANILCA requires the 

Secretaries to administer a subsistence 

priority on public lands. The scope of 

this program is limited by definition to 

certain public lands. Likewise, these 

regulations have no potential takings of 

private property implications as defined 

by Executive Order 12630. 

The Secretaries have determined and 

certify pursuant to the Unfunded 

Mandates Reform Act, 2 U.S.C. 1502 et 

seq., that this rulemaking will not 

impose a cost of $100 million or more 

in any given year on local or State 

governments or private entities. The 

implementation of this rule is by 

Federal agencies and there is no cost 

imposed on any State or local entities or 

tribal governments. 

The Secretaries have determined that 

these regulations meet the applicable 

standards provided in Sections 3(a) and 

3(b)(2) of Executive Order 12988, 

regarding civil justice reform. 

In accordance with Executive Order 

13132, the rule does not have sufficient 

federalism implications to warrant the 

preparation of a Federalism Assessment. 

Title VIII of ANILCA precludes the State 

from exercising subsistence 

management authority over fish and 

wildlife resources on Federal lands 

unless it meets certain requirements. 

In accordance with the President’s 

memorandum of April 29, 1994, 

‘‘Government-to-Government Relations 

with Native American Tribal 

Governments’’ (59 FR 22951), Executive 

Order 13175, and 512 DM 2, we have 

evaluated possible effects on Federally 

recognized Indian tribes and have 

determined that there are no significant 

direct effects. The Bureau of Indian 

Affairs is a participating agency in this 

rulemaking. 

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. 

Drafting Information—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. 

Chuck Ardizzone, Alaska State Office, 

Bureau of Land Management; Nancy 

Swanton, Alaska Regional Office, 

National Park Service; Dr. Glenn Chen, 

Alaska Regional Office, Bureau of 

Indian Affairs; Jerry Berg, Alaska 

Regional Office, U.S. Fish and Wildlife 

Service; and Steve Kessler, 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 Federal Subsistence 

Board proposes to amend 36 CFR 242 

and 50 CFR 100 for the 2008–09 

regulatory year. The text of the 

amendments would be the same as the 

final rule for the 2006–07 regulatory 

year (71 FR 15569) as modified by 

Federal Subsistence Board actions on 

January 9–11, 2007. 

Dated: December 1, 2006. 

Peter J. Probasco, 

Acting Chair, Federal Subsistence Board. 

Dated: December 1, 2006. 

Steve Kessler, 

Subsistence Program Leader, USDA-Forest 

Service. 

[FR Doc. 06–9760 Filed 12–18–06; 8:45 am] 

BILLING CODE 4310–55–P; 3410–11–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 51 

[EPA–HQ–OAR–2003–0079, FRL–8256–8] 

RIN 2060–AJ99 

Phase 2 of the Final Rule To Implement 

the 8-Hour Ozone National Ambient Air 

Quality Standard—Notice of 

Reconsideration 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 


pwalker on PRODPC60 with PROPOSALS