Federal Register / Vol. 71, No. 243 / Tuesday, December 19, 2006 / Rules and Regulations 75883 

in the relevant territory. In addition, the 

regulations provide for relief in case’’ is 

corrected to read ‘‘States, even if the 

individual is physically present in the 

United States, and will treat such days 

as days of presence in the relevant 

territory. In addition, the regulations 

provide for similar relief in case’’. 

8. On page 66233, column 2, in the 

preamble, under the paragraph heading, 

‘‘Explanation of Provisions’’, third 

paragraph of the column, lines 8 and 9, 

the language ‘‘accommodate the realities 

of business cycles and life in the 

territories. The IRS’’ is corrected to read 

‘‘accommodate the reality that business 

cycles and life in the territories may 

require more time away from the 

territories in some years than in others. 

The IRS’’. 

La Nita VanDyke, 

Chief, Publications and Regulations Branch, 

Legal Processing Division, Office of Associate 

Chief Counsel (Procedure and 

Administration). 

[FR Doc. E6–21566 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 

Subsistence Management Regulations 

for Public Lands in Alaska, Subpart D; 

Seasonal Adjustments—Tustumena 

Lake 

AGENCIES: Forest Service, USDA; Fish 

and Wildlife Service, Interior. 

ACTION: Seasonal adjustment. 

SUMMARY: This provides notice of the 

Federal Subsistence Board’s action to 

provide winter subsistence harvest 

opportunities for lake trout, Dolly 

Varden, and rainbow trout in 

Tustumena Lake. The fishing 

opportunity in Tustumena Lake 

provides an exception to the 

Subsistence Management Regulations 

for Public Lands in Alaska, published in 

the Federal Register on March 29, 2006. 

Those regulations established seasons, 

harvest limits, methods, and means 

relating to the taking of fish and 

shellfish for subsistence uses during the 

2006 regulatory year. 

DATES: This Board action is effective 

November 17, 2006, through March 31, 

2007. 

FOR FURTHER INFORMATION CONTACT: 

Peter J. Probasco, Office of Subsistence 

Management, U.S. Fish and Wildlife 

Service, telephone (907) 786–3888. For 

questions specific to National Forest 

System lands, contact Steve Kessler, 

Subsistence Program Manager, USDA—

Forest Service, Alaska Region, 

telephone (907) 786–3592. 

SUPPLEMENTARY INFORMATION: 

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 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. In December 1989, the Alaska 

Supreme Court ruled that the rural 

preference in the State subsistence 

statute violated the Alaska Constitution 

and, therefore, negated State compliance 

with ANILCA. 

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. 

The Departments administer title VIII 

through regulations at title 50, part 100 

and title 36, part 242 of the Code of 

Federal Regulations (CFR). Consistent 

with subparts A, B, and C of these 

regulations, as revised January 8, 1999 

(64 FR 1276), 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, National 

Park Service; the Alaska State Director, 

Bureau of Land Management; the Alaska 

Regional Director, 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, which establish 

the program structure and determine 

which Alaska residents are eligible to 

take specific species for subsistence 

uses, and the annual subpart D 

regulations, which establish seasons, 

harvest limits, and methods and means 

for subsistence take of species in 

specific areas. Subpart D regulations for 

the 2006 fishing seasons, harvest limits, 

and methods and means were published 

on March 29, 2006 (71 FR 15569). 

Because this action relates to public 

lands managed by an agency or agencies 

in both the Departments of Agriculture 

and the Interior, identical closures and 

adjustments would apply to 36 CFR part 

242 and 50 CFR part 100. 

The Alaska Department of Fish and 

Game (ADF&G), under the direction of 

the Alaska Board of Fisheries (BOF), 

manages sport, commercial, personal 

use, and State subsistence harvest on all 

lands and waters throughout Alaska. 

However, on Federal lands and waters, 

the Federal Subsistence Board 

implements a subsistence priority for 

rural residents as provided by title VIII 

of ANILCA. In providing this priority, 

the Board may, when necessary, 

preempt State harvest regulations for 

fish or wildlife on Federal lands and 

waters. 

Current Management Actions 

These actions are authorized and in 

accordance with 50 CFR 100.19(d–e) 

and 36 CFR 242.19(d–e). 

Tustumena Lake 

The Ninilchik Traditional Council 

requested a special winter subsistence 

fishery through the ice in Tustumena 

Lake. The Southcentral Alaska Regional 

Advisory Council recommended 

adopting this seasonal adjustment with 

minor modifications during their fall 

2006 meeting. The Board met in public 

work session on November 16–17, 2006, 

during which it took up and approved 

this request with modifications. The 

resulting seasonal adjustment will 

expire March 31, 2007. 

The season adjustment provides for 

the take of fish in Tustumena Lake using 

a single gillnet not to exceed 10 fathoms 

fished under the ice or jigging gear used 

through the ice, under authority of a 

Federal subsistence fishing permit. The 

total annual harvest quota for this 

fishery is 200 lake trout, 200 rainbow 

trout, and 500 Dolly Varden. Gillnets are 

not allowed within 1⁄4 mile of any 

tributary or outlet stream of Tustumena 

Lake. All harvests must be reported to 

the Federal fisheries manager within 72 

hours upon leaving the fishing location. 

Gill nets must be checked at least once 

in every 48-hour period. Incidentally 

caught fish may be retained and must be 

recorded on the permit. When a harvest 

quota for any of the three species is 

reached, the gillnet fishery will be 

closed. 

This fishery, along with ongoing 

existing fisheries, is within 


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75884 Federal Register / Vol. 71, No. 243 / Tuesday, December 19, 2006 / Rules and Regulations 

recommended sustainable harvest 

guidelines based upon currently 

available information. 

Conformance With Statutory and 

Regulatory Authorities 

Administrative Procedure Act 

The Board finds that additional public 

notice and comment requirements 

under the Administrative Procedure Act 

(APA) for this adjustment is 

impracticable, unnecessary, and 

contrary to the public interest. Lack of 

appropriate and immediate measures 

could adversely impact subsistence 

opportunities for rural Alaskans and 

would generally fail to serve the overall 

public interest. Therefore, the Board 

finds good cause pursuant to 5 U.S.C. 

553(b)(3)(B) to waive additional public 

notice and comment procedures prior to 

implementation of this action and 

pursuant to 5 U.S.C. 553(d)(3) to make 

this rule effective as indicated in the 

DATES section. 

National Environmental Policy Act 

Compliance 

A Final Environmental Impact 

Statement (FEIS) was published on 

February 28, 1992, and a Record of 

Decision on Subsistence Management 

for Federal Public Lands in Alaska 

(ROD) was signed April 6, 1992. 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 related to 

expansion of jurisdiction for fisheries 

was prepared in November 1998. A final 

rule that redefined the jurisdiction of 

the Federal Subsistence Management 

Program to include waters subject to the 

subsistence priority was published on 

January 8, 1999 (64 FR 1276). 

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, under Alternative IV with an 

annual process for setting hunting and 

fishing regulations, may have some local 

impacts on subsistence uses, but the 

program is not likely to significantly 

restrict subsistence uses. 

Paperwork Reduction Act 

The information collection 

requirements contained in this seasonal 

adjustment 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. 

Federal Agencies may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

unless it displays a currently valid OMB 

control number. 

Other Requirements 

This seasonal adjustment has been 

exempted from OMB review under 

Executive Order 12866. 

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 effect 

on a substantial number of small 

entities, which include small 

businesses, organizations, or 

governmental jurisdictions. The exact 

number of businesses and the amount of 

trade that will result from this Federal 

land-related activity is unknown. The 

aggregate effect is an insignificant 

economic effect (both positive and 

negative) on a small number of small 

entities supporting subsistence 

activities, such as boat, fishing gear, and 

gasoline dealers. The number of small 

entities affected is unknown; however, 

the effects will be seasonally and 

geographically limited in nature and 

will likely not be significant. The 

Departments certify that the adjustment 

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 

preference on public lands. The scope of 

this program is limited by definition to 

certain public lands. Likewise, the 

adjustment has no potential takings of 

private property implications as defined 

by Executive Order 12630. 

The Service has determined and 

certifies under the Unfunded Mandates 

Reform Act, 2 U.S.C. 1502 et seq., that 

the adjustment will not impose a cost of 

$100 million or more in any given year 

on local or State governments or private 

entities. The implementation is by 

Federal agencies, and no cost is 

involved to any State or local entities or 

Tribal governments. 

The Service has determined that the 

adjustment meets 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 adjustment 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. Cooperative salmon run 

assessment efforts with ADF&G will 

continue. 

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 

action is not expected to significantly 

affect energy supply, distribution, or 

use, it is not a significant energy action 

and no Statement of Energy Effects is 

required. 

Drafting Information 

Bill Knauer drafted this document 

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; Jerry Berg, Alaska 

Regional Office, U.S. Fish and Wildlife 

Service; Nancy Swanton, Alaska 

Regional Office, National Park Service; 

Dr. Glenn Chen, Alaska Regional Office, 

Bureau of Indian Affairs; and Steve 

Kessler, USDA-Forest Service, provided 

additional guidance. 


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Federal Register / Vol. 71, No. 243 / Tuesday, December 19, 2006 / Rules and Regulations 75885 

Authority: 16 U.S.C. 3, 472, 551, 668dd, 

3101–3126; 18 U.S.C. 3551–3586; 43 U.S.C. 

1733. 

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. 06–9761 Filed 12–18–06; 8:45 am] 

BILLING CODE 3410–11–P; 4310–55–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

Final Flood Elevation Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: Base (1% annual chance) 

Flood Elevations (BFEs) and modified 

BFEs are made final for the 

communities listed below. The BFEs 

and modified BFEs are the basis for the 

floodplain management measures that 

each community is required either to 

adopt or to show evidence of being 

already in effect in order to qualify or 

remain qualified for participation in the 

National Flood Insurance Program 

(NFIP). 

DATES: The date of issuance of the Flood 

Insurance Rate Map (FIRM) showing 

BFEs and modified BFEs for each 

community. This date may be obtained 

by contacting the office where the maps 

are available for inspection as indicated 

on the table below. 

ADDRESSES: The final BFEs for each 

community are available for inspection 

at the office of the Chief Executive 

Officer of each community. The 

respective addresses are listed in the 

table below. 

FOR FURTHER INFORMATION CONTACT: 

William R. Blanton, Jr., Engineering 

Management Section, Mitigation 

Division, Federal Emergency 

Management Agency, 500 C Street, SW., 

Washington, DC 20472, (202) 646–3151. 

SUPPLEMENTARY INFORMATION: The 

Federal Emergency Management Agency 

(FEMA) makes the final determinations 

listed below for the modified BFEs for 

each community listed. These modified 

elevations have been published in 

newspapers of local circulation and 

ninety (90) days have elapsed since that 

publication. The Mitigation Division 

Director of FEMA has resolved any 

appeals resulting from this notification. 

This final rule is issued in accordance 

with section 110 of the Flood Disaster 

Protection Act of 1973, 42 U.S.C. 4104, 

and 44 CFR part 67. FEMA has 

developed criteria for floodplain 

management in floodprone areas in 

accordance with 44 CFR part 60. 

Interested lessees and owners of real 

property are encouraged to review the 

proof Flood Insurance Study and FIRM 

available at the address cited below for 

each community. The BFEs and 

modified BFEs are made final in the 

communities listed below. Elevations at 

selected locations in each community 

are shown. 

National Environmental Policy Act. 

This final rule is categorically excluded 

from the requirements of 44 CFR part 

10, Environmental Consideration. An 

environmental impact assessment has 

not been prepared. 

Regulatory Flexibility Act. As flood 

elevation determinations are not within 

the scope of the Regulatory Flexibility 

Act, 5 U.S.C. 601–612, a regulatory 

flexibility analysis is not required. 

Regulatory Classification. This final 

rule is not a significant regulatory action 

under the criteria of section 3(f) of 

Executive Order 12866 of September 30, 

1993, Regulatory Planning and Review, 

58 FR 51735. 

Executive Order 13132, Federalism. 

This final rule involves no policies that 

have federalism implications under 

Executive Order 13132. 

Executive Order 12988, Civil Justice 

Reform. This final rule meets the 

applicable standards of Executive Order 

12988. 

List of Subjects in 44 CFR Part 67 

Administrative practice and 

procedure, Flood insurance, Reporting 

and recordkeeping requirements. 

■ Accordingly, 44 CFR part 67 is 

amended as follows: 

PART 67—[AMENDED] 

■ 1. The authority citation for part 67 

continues to read as follows: 

Authority: 42 U.S.C. 4001 et seq.; 

Reorganization Plan No. 3 of 1978, 3 CFR, 

1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 

3 CFR, 1979 Comp., p. 376. 

§ 67.11 [Amended] 

■ 2. The tables published under the 

authority of § 67.11 are amended as 

follows: 

State City/town/county Source of flooding Location 

# Depth in feet 

above ground 

* Elevation in feet 

(NGVD) 

+ Elevation in feet 

(NAVD) 

Modified 

Town of Brockton, Montana 

Docket No.: FEMA–B–7464 

Montana ........................ Town of Brockton ......... Missouri River ................... Approximately 12.7 miles downstream of

County Road Bridge.

+1,930 

Approximately 13.0 miles downstream of 

County Road Bridge.

+1,931 

# Depth in feet above ground. 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

ADDRESSES 

Town of Brockton 

Maps available for inspection at: City Office, 716 B Avenue, Brockton, Montana. 


cprice-sewell on PROD1PC66 with RULES