Federal Register / Vol. 60, No. 37 / Friday, February 24, 1995 / Rules and Regulations 10317

(6) At the end of the one minute

warning period, if no river traffic is

approaching or under the drawspan, the

remote bridge operator may begin

lowering the drawspan. Navigation

lights located at the center of the

drawspan change from green to red

when the drawspan is not in the fully

open to navigation position. The

drawspan takes approximately 90

seconds to lower.

(7) If the presence of a vessel or other

obstruction is discovered approaching

or under the drawspan, during the

lowering sequence, before the drawspan

is fully lowered and locked, the

drawspan shall be stopped and raised to

the fully open position. When the vessel

or obstruction has cleared the drawspan,

the remote operator shall confirm that

the channel is clear and reinitiate the

one minute warning cycle before

lowering the drawspan.

(8) If no marine traffic is present the

drawspan may be lowered and seated.

When the drawspan is lowered and

locked in the closed to navigation

position, the remote bridge operator

broadcasts, at least twice, via marine

radio channel 16, that: ‘‘The drawspan

of the EJ&E Railroad bridge is closed to

navigation.’’

(9) Failure of the radar system, radio

telephone system, infrared boat

detectors or electronic motion sensors

shall prevent lowering the drawspan

from the remote location.

(10) When rail traffic has cleared the

bridge, the remote bridge operator shall

raise the drawspan to the fully open to

navigation position. When the drawspan

is raised and in the fully open to

navigation position, the remote bridge

operator broadcast, at least twice, via

marine radio channel 16, that: ‘‘The

drawspan of the EJ&E Railroad bridge is

open to navigation.’’ The center

drawspan navigation lights change from

red to green when the drawspan is fully

open to navigation.

Dated: January 23, 1995.

Paul M. Blayney,

Rear Admiral, U.S. Coast Guard Commander,

Second Coast Guard District.

[FR Doc. 95–4408 Filed 2–23–95; 8:45 am]

BILLING CODE 4910–14–M

DEPARTMENT OF AGRICULTURE

Forest Service

36 CFR Part 242

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 100

RIN 1018–AB43

Subsistence Management Regulations

for Public Lands in Alaska, Subparts C

& D; Board Determinations and

Subsistence Taking of Fish and

Wildlife Regulations; Correcting

Amendments

AGENCY: Forest Service, USDA; Fish and

Wildlife Service, Interior.

ACTION: Correcting amendments.

SUMMARY: These corrections amend the

Subsistence Management Regulations

for Public Lands in Alaska, published in

the Federal Register on May 29, 1992,

and June 3, 1994, implementing the

subsistence priority for rural residents

of Alaska under Title VIII of the Alaska

National Interest Lands Conservation

Act (ANILCA) of 1980. These

corrections will allow rural Alaska

residents to continue to harvest fish and

wildlife resources on Federal public

lands.

EFFECTIVE DATE: Effective July 1, 1994.

FOR FURTHER INFORMATION CONTACT:

Richard S. Pospahala, Office of

Subsistence Management, U.S. Fish and

Wildlife Service, 1011 E. Tudor Road,

Anchorage, Alaska 99503; telephone

(907) 786–3447. For questions specific

to National Forest System lands, contact

Norman Howse, Assistant Director,

Subsistence, USDA—Forest Service,

Alaska Region, P.O. Box 21628, Juneau,

Alaska 99802; telephone (907) 586–

8890.

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, unless the State of Alaska

enacts and implements laws of general

applicability which are consistent with

ANILCA, and which 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

Subsistence Management Regulations

for Public Lands in Alaska were

published in the Federal Register (55

FR 27114–27170). Consistent with

Subparts A, B, and C of these

regulations, a Federal Subsistence Board

(Board) was established 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 Area Director,

U.S. Bureau of Indian Affairs; and the

Alaska Regional Forester, USDA Forest

Service. Through the Board, these

agencies have participated in

development of regulations for Subparts

A, B, and C, and the annual Subpart D

regulations. All Board members have

reviewed these corrections and agree

with their substance. Because Subparts

C and D relate to public lands managed

by an agency or agencies in both the

Departments of Agriculture and the

Interior, identical correcting text will be

incorporated into 36 CFR Part 242 and

50 CFR Part 100.

Final Subpart C regulations were

published on June 29, 1992, in the

Federal Register (57 FR 22957–22964)

and were amended on May 27, 1994 (59

FR 27462). Proposed Subpart D

regulations for the 1994–1995 seasons

and bag limits, and methods and means

were published on September 2, 1993,

in the Federal Register (58 FR 46678–

46706). A 60-day comment period

providing for public review of the

proposed Subpart D rule was advertised

by mail, radio, and newspaper.

Subsequent to that 60-day review

period, the Board prepared a booklet

describing all proposals for change to
10318 Federal Register / Vol. 60, No. 37 / Friday, February 24, 1995 / Rules and Regulations

Subpart D. The public then had an

additional 60 days in which to comment

on the proposals for changes to the

regulations. The Federal Subsistence

Regional Advisory Councils (Regional

Councils) met in regional centers,

received public comments, and

formulated recommendations to the

Board on proposals for their respective

regions. The final regulations, published

on June 3, 1994, (59 FR 29032–29063)

reflect Board review and consideration

of Regional Council recommendations

and public comments submitted to the

Board during their April meeting.

Additional Regional Council meetings

were held during October 1994, and the

Board heard public testimony and

deliberated Requests for

Reconsideration and Special Action in

public forum on November 14, 1994.

The sections dealing with shellfish were

published on June 1, 1993, (58 FR

31252–31295) and their effective period

was revised by an interim rule

published on June 27, 1994, (59 FR

32923–32925).

These correcting amendments are a

result of deferred proposal from the

Board’s April meeting, Requests for

Reconsideration of some of the Board’s

decisions in April, some requests for

Special Action as a result of resource

concerns, and some administrative

errors, omissions and typographical

mistakes that have been brought to our

attention. Below are summaries of each

action.

Subpart C

Unit 12—Sheep—A transcription

error from State records was made in the

Customary and Traditional use

eligibility determination for sheep in

Unit 12. This document corrects that

error.

Unit 18—Caribou—The Board acted

on a request for Special Action for a

season on caribou north of the Yukon

River in Unit 18. Preliminary data

indicates that a number of villages have

traditionally harvested caribou in that

area. Therefore, the Board has made an

interim finding of customary and

traditional use eligibility determination

for the villages of Alakanuk,

Andreafsky, Emmonak, Kotlik,

Marshall, Mountain Village, Pilot

Station, Pitka’s Point, Russian Mission,

St. Mary’s, St. Michael, Sheldon Point,

and Stebbins for caribou in Unit 18

north of the Yukon River. This action

was supported by the affected Regional

Council.

Subpart D

Units 7 and 15—Black Bear—A

typographic error is being corrected

identifying the Units in which sealing is

required for the hide and skull of black

bears.

Unit 6(D)—Goat—A typographical

error identifying a harvest area is being

corrected.

Units 6, 11–14, 16, 20 and 25(C)—

Lynx—The Board acted on a request

from the Alaska Department of Fish and

Game (ADF&G) to close the trapping

season for lynx in Units 6, 14 and 16,

lengthen the season in Units 11 and 13,

and shorten the season in Units 12, 20

and 25(C). This follows the Board’s

previous agreement to follow a harvest

tracking strategy where possible. The

strategy calls for shortening or closing

trapping seasons when lynx numbers

are low and lengthening or opening

seasons when lynx are abundant. The

Regional Councils affected supported

this action to protect the viability of the

lynx populations in those Units.

Unit 9(C)—Caribou—The Board

received a request to close Federal lands

to the non-subsistence hunting of

caribou in order to ensure the continued

viability of the North Alaska Peninsula

caribou herd. The population of this

herd has declined 20 percent over the

last year. On the recommendation of the

Regional Council, the Board acted to

close the lands for the current regulatory

year.

Unit 12—Sheep—The transcription

error that was made in the customary

and traditional use eligibility

determination also incorrectly omitted a

season for sheep in this Unit. This

document inserts the correct season.

Unit 18—Caribou—Upon receipt of a

request for Special Action, the Board, at

its November 17, 1994, meeting

deliberated the issue of opening Unit 18

north of the Yukon River to caribou

hunting. There appears to be an influx

of caribou into the area, primarily from

the Western Arctic caribou herd which

currently numbers about 500,000

animals. The Board opened a season to

coincide with the State season. They

also indicated that if large numbers of

animals move into Unit 18, they will

further increase the harvest limit.

Unit 19(A)—Moose—This proposal

was a carry-over from the April 1994

Board meeting. One of the two Regional

Councils that were affected by this

1994–95 proposal had not reviewed it

prior to the April meeting, so the Board

delayed action. During the October

round of Regional Council meetings, the

two Regional Councils reached

consensus and the Board passed their

compromise version that established a

subarea and revised the season

structure.

Unit 21(E)—Moose—This proposal

was also a carry-over from the April

1994 Board meeting. One of the two

Regional Councils that were affected by

this 1994–95 proposal had not reviewed

it prior to the April meeting, so the

Board delayed action. The proposal

would prohibit hunting within one-half

mile of the Yukon River during the

February season. Although the two

involved Regional Councils could not

agree, data indicated that harvest by

residents of one region was almost

nonexistent in the affected area. The

Board therefore adopted the

recommendation of the region primarily

impacted and instituted the one-half

mile restriction.

Unit 26(A)—Moose—A typographic

error is being corrected, identifying a

subarea of Unit 26(A).

Kodiak Area—Shellfish—The Board

received a Request for Reconsideration

from the Alaska Department of Fish and

Game (ADF&G) to institute a minimum

shell size on king crabs taken for

subsistence uses. A full review of the

issue and a concern for the viability of

the population led the Board to close

Federal waters to the non-subsistence

taking of king crab. This action was

supported by the Regional Council.

Only the items described above are

being changed; but for clarity, the entire

table or text section for the pertinent

species in each Unit is reproduced. The

above actions were supported as

indicated by the Regional Councils in

the affected areas. Notice of the Board

meeting and the subjects to be

considered were widely circulated and

the public had an opportunity to

comment and participate.

The Board finds that additional public

notice and comment requirements

under the Administrative Procedures

Act (APA) for this extension are

impracticable, unnecessary, and

contrary to the public interest.

Therefore, the Board finds good cause

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

the public notice and comment

procedures prior to publication of this

rule correction. The Board also finds

good cause under 5 U.S.C. 553(d)(3) to

make this rule correction effective July

1, 1994, the effective date of the

Subsistence Management Regulations

for Public Lands in Alaska.

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
Federal Register / Vol. 60, No. 37 / Friday, February 24, 1995 / Rules and Regulations 10319

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 22940–22964)

implements the Federal Subsistence

Management Program and includes a

framework for an annual cycle for

subsistence hunting and fishing

regulations.

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 appears 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.

Paperwork Reduction Act

These rules contain information

collection requirements subject to Office

of Management and Budget (OMB)

approval under 44 U.S.C. 3501–3520.

They apply to the use of public lands in

Alaska. The information collection

requirements described above are

approved by the OMB under 44 U.S.C.

3501 and have been assigned clearance

number 1018–0075.

Public reporting burden for this form

is estimated to average .1382 hours per

response, including time for reviewing

instructions, gathering and maintaining

data, and completing and reviewing the

form. Direct comments on the burden

estimate or any other aspect of this form

to: Information Collection Officer, U.S.

Fish and Wildlife Service, 1849 C Street,

NW, MS 224 ARLSQ, Washington, DC

20240; and the Office of Management

and Budget, Paperwork Reduction

Project (1018–0075), Washington, DC

20503. Additional information

collection requirements may be imposed

if Local Advisory Committees subject to

the Federal Advisory Committee Act are

established under Subpart B. Such

requirements will be submitted to OMB

for approval prior to their

implementation.

Economic Effects

This rule is not subject to 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

Departments have determined 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.

This rulemaking will impose no

significant costs on small entities; 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 positive economic effect on

a number of small entities. The number

of small entities affected is unknown;

but, 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.

These regulations do not meet the

threshold criteria of ‘‘Federalism

Effects’’ as set forth in Executive Order

12612. 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, these

regulations have no significant takings

implication relating to any property

rights as outlined by Executive Order

12630.

Drafting Information

These regulations were drafted under

the guidance of Richard S. Pospahala, of

the Office of Subsistence Management,

Alaska Regional Office, U.S. Fish and

Wildlife Service, Anchorage, Alaska.

Additional guidance was provided by

Thomas H. Boyd, Alaska State Office,

Bureau of Land Management; Lou

Waller, Alaska Regional Office, National

Park Service; John Borbridge, Alaska

Area Office, Bureau of Indian Affairs;

and Norman Howse, USDA-Forest

Service.

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

procedures, Alaska, Fish, Public Lands,

Reporting and recordkeeping

requirements, Subsistence, Wildlife.

For the reasons set out in the

preamble, Title 36, Part 242, and Title

50, Part 100, of the Code of Federal

Regulations, are amended as set forth

below.

PART ll —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.

2. Section l.24(a)(1) is amended in

the table under ‘‘Area,’’ ‘‘Species,’’ and

‘‘Determination’’ by removing the entry

for ‘‘GMU 12’’ ‘‘Sheep’’ and adding two

new entries in its place to read as

follows:

§l.24 Customary and traditional use determinations.

(a) * * *

(1) * * *
10320 Federal Register / Vol. 60, No. 37 / Friday, February 24, 1995 / Rules and Regulations

Area Species Determination

* * * * * * *

12 Tok Management area ........................................................................................................................ Sheep ............... No subsistence.

12 Remainder ........................................................................................................................................... Sheep ............... No determination.

* * * * * * *

* * * * *

3. Section l.24(a)(1) is amended in the table under ‘‘Area,’’ ‘‘Species,’’ and ‘‘Determination’’ by removing the two

entries for ‘‘GMU 18’’ ‘‘Caribou’’ and adding three new entries in their place to read as follows:

§l.24 Customary and traditional use determinations.

(a) * * *

(1) * * *

Area Species Determination

* * * * * * *

18 ....................................................................... Caribou (Kilbuk caribou herd only) .................. Residents of Kwethluk.

18 North of the Yukon River ............................ Caribou (except Kilbuk caribou herd) .............. Residents of Alakanuk, Andreafsky,

Emmonak, Kotlik, Marshall, Mountain Village, Pilot Station, Pitka’s Point, Russian

Mission, St. Mary’s, St. Michael, Sheldon

Point, and Stebbins.

18 Remainder .................................................. Caribou (except Kilbuk caribou herd) .............. Residents of Kwethluk.

* * * * * * *

* * * * *

4. Section l.25(e)(1) is revised to

read as follows:

§l.25 Subsistence taking of wildlife.

(e) * * *

(1) Sealing requirements for bear shall

apply to brown bears taken in all Units,

except as specified below, and black

bears of all color phases taken in Units

1–7, 11–16, and 20.

* * * * *

5. Section l.25(k)(6)(iii)(B) is

amended in the table under ‘‘Hunting’’

by revising the entry for Goat to read as

follows:

* * * * *

(k) * * *

(6) * * *

(iii) * * *

(B) * * *

Harvest limits Open season

Hunting:

* * * * * * * * * *

Goat:

Unit 6(A), (B)—1

goat by State registration permit

only

Aug. 20–Jan. 31.

Unit 6(C) ................... No open season.

Harvest limits Open season

Unit 6(D) (subareas

RG242, RG243,

RG244, RG249,

RG266 and RG252

only)—1 goat by

Federal registration

permit only

Aug. 20–Jan. 31.

In each of the Unit

6(D) subareas,

goat seasons will

be closed when

harvest limits for

that subarea are

reached. Harvest

quotas are as follows: RG242—2

goats, RG243—2

goats, RG244—2

goats, RG249—2

goats, RG266—4

goats, RG252—1

goat

Unit 6(D) (subarea

RG245)—The taking of goats is prohibited on all public

lands

No open season.

* * * * * ............ * * * * *

* * * * *

6. Section l.25(k)(6)(iii)(B) is

amended in the table under ‘‘Trapping’’

by revising the entry for Lynx to read as

follows:

* * * * *

(k) * * *

(6) * * *

(iii) * * *

(B) * * *

Harvest limits Open season

* * * * *

Harvest limits Open season

Trapping:

* * * * * * * * * *

Lynx ............................. No open season.

* * * * * * * * * *

* * * * *

7. Section l.25(k)(9)(ii)(E) is

amended in the table under ‘‘Hunting’’

by revising the entry for Caribou to read

as follows:

* * * * *

(k) * * *

(9) * * *

(ii) * * *

(E) * * *

Harvest limits Open season

Hunting:

* * * * * * * * * *
Federal Register / Vol. 60, No. 37 / Friday, February 24, 1995 / Rules and Regulations 10321

Harvest limits Open season

Caribou:

Unit 9(A) and (C)—4

caribou; however,

no more than 2

caribou may be

taken Aug. 10–

Sept. 30 and no

more than 1 caribou may be taken

Oct. 1–Nov. 30.

Public lands in Unit

9(C) are closed for

the hunting of caribou except by

qualified rural Alaska residents during

the seasons identified above

Aug. 10–Mar. 31.

Unit 9(B)—5 caribou;

however no more

than 2 may be

bulls

Aug. 1–Apr. 15.

Unit 9(D) ................... No open season.

Unit 9(E)—that portion south of Seal

Cape on the Pacific side of the

Alaska Peninsula

divide—4 caribou;

only bulls may be

taken between July

1 and Aug. 9

July 1–Apr. 30.

Remainder of Unit

9(E)—4 caribou

Aug. 10–Apr. 30.

* * * * * * * * * *

* * * * *

8. Section ll .25(k)(11) is amended

in the table under ‘‘Trapping’’ by

revising the entry for Lynx to read as

follows:

* * * * *

(k) * * *

(11) * * *

Harvest limits Open season

Trapping:

* * * * * * * * * *

Lynx:

No limit ..................... Dec. 1–Jan. 15.

* * * * * * * * * *

* * * * * *

9. Section ll .25(k)(12) is amended

in the table under ‘‘Hunting’’ by adding

an entry for Sheep to read as follows:

* * * * *

(k) * * *

(12) * * *

Harvest limits Open season

Hunting:

* * * * * * * * * *

Sheep:

1 ram with full curl

horn or larger

Aug. 10–Sept. 20.

* * * * * * * * * *

* * * * *

10. Section ll .25(k)(12) is amended

in the table under ‘‘Trapping’’ by

revising the entry for Lynx to read as

follows:

* * * * *

(k) * * *

(12) * * *

Harvest limits Open season

* * * * *

Trapping:

* * * * * * * * * *

Lynx:

No limit ..................... Dec. 1–Jan. 15.

* * * * * * * * * *

* * * * *

11. Section ll .25(k)(13)(iii) is

amended in the table under ‘‘Trapping’’

by revising the entry for Lynx to read as

follows:

* * * * *

(k) * * *

(13) * * *

(iii) * * *

Harvest limits Open season

* * * * *

Trapping:

* * * * * * * * * *

Lynx:

No limit ..................... Dec. 1–Jan. 15.

* * * * * * * * * *

* * * * *

12. Section ll .25(k)(14)(iii)(B) is

amended in the table under ‘‘Trapping’’

by revising the entry for Lynx to read as

follows:

* * * * *

(k) * * *

(14) * * *

(iii) * * *

(B) * * *

Harvest limits Open season

* * * * *

Trapping:

* * * * * * * * * *

Lynx ............................. No open season.

* * * * * * * * * *

* * * * *

13. Section ll .25(k)(16) is amended

in the table under ‘‘Trapping’’ by

revising the entry for Lynx to read as

follows:

* * * * *

(k) * * *

(16) * * *

(iii) * * *

Harvest limits Open season

* * * * * * * * * *

Trapping:

* * * * * * * * * *

Lynx ............................. No open season.

* * * * * * * * * *

* * * * *

14. Section lll.25(k)(18)(iii) is

amended in the table under ‘‘Hunting’’

by revising the entry for Caribou to read

as follows:

* * * * *

(k) * * *

(18) * * *

(iii) * * *

Harvest limits Open season

Hunting:

* * * * * * * * * *

Caribou:

Unit 18—that portion

south of the Yukon

River—Kilbuck caribou herd; rural

Alaska residents

domiciled in

Tuluksak, Akiak,

Akiachak,

Kwethluk, Bethel,

Oscarville,

Napaaskiak,

Napakiak,

Kasigiuk,

Atmauthluak,

Nunapitchuk,

Tuntutuliak, Eek,

Quinhagak,

Goodnews Bay,

Platinum, Togiak,

and Twin Hills,

only. A Federal

registration permit

is required. The

number of permits

available for these

hunts will be determined at a later

date. The taking of

caribou will be prohibited when a

total Unit harvest

of 130 bulls has

been reached in either or both hunts

administered by

the Board or

ADF&G.

Dec. 15–Jan. 9.

Feb. 23–Mar. 15.

Unit 18—that portion

north of the Yukon

River—1 caribou.

Feb. 1–Mar. 31.

Remainder of Unit 18 No open season.

* * * * * * * * * *

* * * * *

15. Section lll.25(k)(19)(iii) is

amended in the table under ‘‘Hunting’’

by revising the entry for Moose to read

as follows:

* * * * *

(k) * * *

(19) * * *

(iii) * * *

Harvest limits Open season

Hunting:

* * * * * * * * * *
10322 Federal Register / Vol. 60, No. 37 / Friday, February 24, 1995 / Rules and Regulations

Harvest limits Open season

Moose:

Unit 19—Rural Alaska residents of

Lime Village only—

No individual harvest limit, but a village harvest quota

of 40 moose (including those taken

under the State

Tier II system); either sex. Reporting

will be by a community reporting

system.

July 1–June 30.

Unit 19(A)—that portion north of the

Kuskokwim River

upstream from, but

not including the

Kolmakof River

drainage and south

of the Kuskokwim

River upstream

from, but not including the

Holokuk River

drainage—1

moose; however,

antlerless moose

may be taken only

during the Feb. 1–

Feb. 10 season.

Sept. 1–Sept. 20.

Nov. 20–Nov. 30.

Jan. 1–Jan. 10.

Feb. 1–Feb. 10.

Unit 19(A)—remainder—1 bull.Sept. 1–Sept. 20.

Nov. 20–Nov. 30.

Jan. 1–Jan. 10.

Feb. 1–Feb. 10.

Unit 19(B)—1 antlered bull.Sept. 1–Sept. 30.

Unit 19(C)—1 antlered bull.Sept. 1–Oct. 10.

Unit 19(D)—that portion of the Upper

Kuskokwim Controlled Use Area

within the North

Fork drainage upstream from the

confluence of the

South Fork to the

mouth of the Swift

Fork—1 antlered

bull.

Sept. 1–Sept. 30.

Unit 19(D)—remainder of the Upper

Kuskokwim Controlled Use Area—

1 bull.

Sept. 1–Sept. 30.

Dec. 1—Feb. 28.

Remainder of Unit

19(D)—1 antlered

bull.

Sept. 1–Sept. 30.

Dec. 1–Dec. 15.

* * * * * * * * * *

* * * * *

16. Section lll.25(k)(20)(iii)(C) is

amended in the table under ‘‘Trapping’’

by revising the entry for Lynx to read as

follows:

* * * * *

(k) * * *

(20) * * *

(iii) * * *

(C) * * *

Harvest limits Open season

* * * * *

Trapping:

* * * * * * * * * *

Lynx:

No limit ..................... Dec. 1–Jan. 15.

* * * * * * * * * *

* * * * *

17. Section ll.25(k)(21)(iii)(D) is

amended in the table under ‘‘Hunting’’

by revising the entry for Moose to read

as follows:

* * * * *

(k) * * *

(21) * * *

(iii) * * *

(D) * * *

Harvest limits Open season

Hunting:

* * * * * * * * * *

Moose:

Unit 21(A)—1 antlered bull.Sept. 5–Sept. 30.

Nov. 1–Nov. 30.

Unit 21 (B) and (C)—

1 antlered bull.

Sept. 5–Sept. 25.

Unit 21(D)—1

moose; however,

antlerless moose

may be taken only

from Sept. 21—

Sept. 25 and Feb

1—Feb. 5; moose

may not be taken

within one-half mile

of the Yukon River

during the February season.

Sept. 5–Sept. 25.

Feb. 1–Feb. 5.

Unit 21(E)—1 moose;

however, only antlered bulls may be

taken from Sept.

5—Sept. 25;

moose may not be

taken within onehalf mile of the

Yukon River during

the February season.

Sept. 5–Sept. 25.

Feb. 1–Feb. 10.

* * * * * * * * * *

* * * * *

18. Section ll.25(k)(25)(iii)(b) is

amended in the table under ‘‘Trapping’’

by revising the entry for Lynx to read as

follows:

* * * * *

(k) * * *

(25) * * *

(iii) * * *

Harvest limits Open season

* * * * *

Trapping:

* * * * * * * * * *

Lynx:

Unit 25(C)—No limit . Dec. 1–Jan. 15.

Harvest limits Open season

Remainder of Unit

25—No limit.

Nov. 1–Feb. 28.

* * * * * * * * * *

* * * * *

19. Section ll.25(k)(26)(iii)(B) is

amended in the table under ‘‘Hunting’’

by revising the entry for Moose to read

as follows:

* * * * *

(k) * * *

(26) * * *

(iii) * * *

(B) * * *

Harvest limits Open season

Hunting:

* * * * * * * * * *

Moose:

Unit 26(A)—that portion of the Colville

River drainage upstream from and

including the Chandler River drainage—1 moose;

however, no person may take a

cow accompanied

by a calf..

Aug. 1–Mar. 31.

Remainder of Unit

26(A)—1 moose;

however, no person may take a

cow accompanied

by a calf..

Aug. 1–Dec. 31.

Unit 26(B)—that portion within two

miles of the Dalton

Highway.

No open season.

Unit 26(B) Remainder and (C)—1

moose.

Aug. 1–Dec. 31.

* * * * * * * * * *

* * * * *

20. Section ll.27 is amended by

adding a new paragraph (f)(3)(iv)(E) to

read as follows:

§ll.27 Subsistence taking of shellfish.

* * * * *

(f) * * *

(3) * * *

(iv) * * *

(E) the waters of the Pacific Ocean

enclosed by the boundaries of Womans

Bay, Gibson Cove, and an area defined

by a line 1⁄2 mile on either side of the

mouth of the Karluk River, and

extending seaward 3,000 feet, and all

waters within 1,500 feet seaward of the

shoreline of Afognak Island are closed

to the harvest of king crab except by

Federally-qualified rural Alaska

residents;

* * * * *
Federal Register / Vol. 60, No. 37 / Friday, February 24, 1995 / Rules and Regulations 10323

Dated: December 19, 1994.

William L. Hensley,

Chair, Federal Subsistence Board.

Dated: December 29, 1994.

Phil Janik,

Regional Forester, USDA-Forest Service.

[FR Doc. 95–4359 Filed 2–23–95; 8:45 am]

BILLING CODE 3410–11–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[SC–27–1–6735a; FRL–5145–8]

Approval and Promulgation of

Implementation Plans South Carolina:

Title V, Section 507, Small Business

Stationary Source Technical and

Environmental Compliance Assistance

Program

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving revisions to

the State Implementation Plan (SIP)

submitted by the State of South Carolina

through the South Carolina Department

of Health and Environmental Control for

the purpose of establishing a Small

Business Stationary Source Technical

and Environmental Compliance

Assistance Program (PROGRAM), which

will be fully implemented by November

15, 1994. This implementation plan was

submitted by the State on January 20,

1993, to satisfy the Federal mandate to

ensure that small businesses have access

to the technical assistance and

regulatory information necessary to

comply with the Clean Air Act as

amended in 1990 (CAA).

DATES: This final rule is effective April

25, 1995 unless notice is received March

27, 1995 that someone wishes to submit

adverse or critical comments. If the

effective date is delayed, timely notice

will be published in the Federal

Register.

ADDRESSES: Written comments should

be addressed to: Ms. Kimberly Bingham,

Regulatory Planning and Development

Section, Air Programs Branch, Air,

Pesticides & Toxics Management

Division, Region 4 Environmental

Protection Agency, 345 Courtland

Street, NE., Atlanta, Georgia 30365.

Copies of the material submitted by

the State of South Carolina may be

examined during normal business hours

at the following locations:

Air and Radiation Docket and

Information Center (Air Docket 6102),

U.S. Environmental Protection Agency,

401 M Street, SW., Washington, DC

20460.

Environmental Protection Agency,

Region 4 Air Programs Branch, 345

Courtland Street, NE., Atlanta, Georgia

30365.

State of South Carolina Department of

Health and Environmental Control,

Environmental Quality Control, Bureau

of Air Quality Control, 2600 Bull Street,

Columbia, South Carolina 29201.

FOR FURTHER INFORMATION CONTACT: Ms.

Kimberly Bingham, Regulatory Planning

and Development Section, Air Programs

Branch, Air, Pesticides & Toxics

Management Division, Region 4

Environmental Protection Agency, 345

Courtland Street, NE., Atlanta, Georgia

30365. The telephone number is 404/

347–3555 x4195.

SUPPLEMENTARY INFORMATION:

Implementation of the CAA will require

small businesses to comply with

specific regulations in order for areas to

attain and maintain the National

ambient air quality standards (NAAQS)

and reduce the emission of air toxics. In

anticipation of the impact of these

requirements on small businesses, the

CAA requires that states adopt a

PROGRAM, and submit this PROGRAM

as a revision to the federally approved

SIP. In addition, the CAA directs the

EPA to oversee the small business

assistance program and report to

Congress on their implementation. The

requirements for establishing a

PROGRAM are set out in section 507 of

title V of the CAA and the EPA guidance

document Guidelines for the

Implementation of Section 507 of the

1990 Clean Air Act Amendments. In

order to gain full approval, the state

submittal must provide for each of the

following PROGRAM elements: (1) The

establishment of a Small Business

Assistance Program (SBAP) to provide

technical and compliance assistance to

small businesses; (2) the establishment

of a state Small Business Ombudsman to

represent the interests of small

businesses in the regulatory process;

and (3) the creation of a Compliance

Advisory Panel (CAP) to determine and

report on the overall effectiveness of the

SBAP. The plan must also determine the

eligibility of small business stationary

sources for assistance in the PROGRAM.

The plan includes the duties, funding

and schedule of implementation for the

three PROGRAM components.

Section 507(a) and (e) of the CAA set

forth requirements the State must meet

to have an approvable PROGRAM. The

State of South Carolina has addressed

these requirements and established a

PROGRAM as described below.

1. Small Business Assistance Program

(SBAP)

South Carolina has established a

mechanism to implement the following

six requirements set forth in section 507

of title V of the CAA:

A. The establishment of adequate

mechanisms for developing, collecting

and coordinating information

concerning compliance methods and

technologies for small business

stationary sources, and programs to

encourage lawful cooperation among

such sources and other persons to

further comply with the CAA;

B. The establishment of adequate

mechanisms for assisting small business

stationary sources with pollution

prevention and accidental release

detection and prevention, including

providing information concerning

alternative technologies, process

changes, products and methods of

operation that help reduce air pollution;

C. The development of a compliance

and technical assistance program for

small business stationary sources which

assist small businesses in determining

applicable permit requirements under

the CAA in a timely and efficient

manner;

D. The development of adequate

mechanisms to assure that small

business stationary sources receive

notice of their rights under the CAA in

such manner and form as to assure

reasonably adequate time for such

sources to evaluate compliance methods

and any relevant or applicable proposed

or final regulation or standards issued

under the CAA;

E. The development of adequate

mechanisms for informing small

business stationary sources of their

obligations under the CAA, including

mechanisms for referring such sources

to qualified auditors, or at the option of

the State, for providing audits of the

operations of such sources to determine

compliance with the CAA; and

F. The development of procedures for

consideration of requests from a small

business stationary source for

modification of: (A) Any work practice

or technological method of compliance;

or (B) the schedule of milestones for

implementing such work practice or

method of compliance preceding any

applicable compliance date, based on

the technological and financial

capability of any such small business

stationary source.

The State of South Carolina

acknowledges the heart of the

PROGRAM is the Small Business

Assistance Program (SBAP), which

resides within the Department of Health

and Environmental Control. The SBAP