Federal Register / Vol. 61, No. 113 / Tuesday, June 11, 1996 / Rules and Regulations 29495

introductory text, S5.2(e)(1), and the

introductory paragraph of S5.3 to read

as follows:

§ 571.120 Standard No. 120, Tire selection

and rims for motor vehicles other than

passenger cars.

* * * * *

S5.1.1 Except as specified in S5.1.3,

each vehicle equipped with pneumatic

tires for highway service shall be

equipped with tires that meet the

requirements of § 571.109, New

pneumatic tires, or § 571.119, New

pneumatic tires for vehicles other than

passenger cars, and rims that are listed

by the manufacturer of the tires as

suitable for use with those tires, in

accordance with S4.4 of § 571.109 or

S5.1 of § 571.119, as applicable, except

that vehicles may be equipped with a

non-pneumatic spare tire assembly that

meets the requirements of § 571.129,

New non-pneumatic tires for passenger

cars, and S8 of this standard. Vehicles

equipped with such an assembly shall

meet the requirements of S5.3.3, S7, and

S9 of this standard.

* * * * *

S5.2 Rim marking. Each rim or, at

the option of the manufacturer in the

case of a single-piece wheel, wheel disc

shall be marked with the information

listed in paragraphs (a) through (e) of

this paragraph, in lettering not less than

3 millimeters high, impressed to a depth

or, at the option of the manufacturer,

embossed to a height of not less than

0.125 millimeters. The information

listed in paragraphs (a) through (c) of

this paragraph shall appear on the

weather side. In the case of rims of

multi piece construction, the

information listed in paragraphs (a)

through (e) of this paragraph shall

appear on the rim base and the

information listed in paragraphs (b) and

(d) of this paragraph shall also appear

on each other part of the rim.

* * * * *

S5.2(e)(1) Any manufacturer that

elects to express the date of manufacture

by means of a symbol shall notify

NHTSA in writing of the full names and

addresses of all manufacturers and

brand name owners utilizing that

symbol and the name and address of the

trademark owner of that symbol, if any.

The notification shall describe in

narrative form and in detail how the

month, day, and year or the month and

year are depicted by the symbol. Such

description shall include an actual size

graphic depiction of the symbol,

showing and/or explaining the

interrelationship of the component parts

of the symbol as they will appear on the

rim or single piece wheel disc,

including dimensional specifications,

and where the symbol will be located on

the rim or single piece wheel disc. The

notification shall be received by NHTSA

at least 60 calendar days prior to first

use of the symbol. The notification shall

be mailed to the Office of Vehicle Safety

Compliance, National Highway Traffic

Safety Administration, 400 Seventh

Street SW., Washington, DC 20590. All

information provided to NHTSA under

this paragraph will be placed in the

public docket. * * *

S5.3 Label information. Each vehicle

shall show the information specified in

S5.3.1 and S5.3.2 and, in the case of a

vehicle equipped with a non-pneumatic

spare tire, the information specified in

S5.3.3, in the English language, lettered

in block capitals and numerals not less

than 2.4 millimeters high and in the

format set forth following this section.

This information shall appear either—

* * * * *

In consideration of the foregoing, 49

CFR Part 574 is amended to read as

follows:

PART 574—TIRE IDENTIFICATION AND

RECORDKEEPING

7. The authority citation for Part 574

continues to read as follows:

Authority: 49 U.S.C. 322, 30111, 30115,

30117, and 30166; delegation of authority at

49 CFR 1.50.

8. Sections 574.2, 574.3(a), and 574.6

introductory text, are revised to read as

follows:

§ 574.2 Purpose.

The purpose of this part is to facilitate

notification to purchasers of defective or

nonconforming tires, pursuant to

Sections 30118 and 30119 of Title 49,

United States Code, so that they may

take appropriate action in the interest of

motor vehicle safety.

§ 574.3 Definitions.

(a) Statutory definitions. All terms in

this part that are defined in Section

30102 of Title 49, United States Code,

are used as defined therein.

* * * * *

§ 574.6 Identification mark.

To obtain the identification mark

required by 574.5(a), each manufacturer

of new or retreaded pneumatic tires,

non-pneumatic tires or non-pneumatic

tire assemblies shall apply in writing to

the Office of Vehicle Safety Compliance,

National Highway Traffic Safety

Administration, 400 Seventh Street SW.,

Washington, DC 20590, identify itself as

a tire manufacturer or retreader and

furnish the following information:

* * * * *

Issued on June 4, 1996.

Barry Felrice,

Associate Administrator for Safety

Performance Standards.

[FR Doc. 96–14491 Filed 6–10–96; 8:45 am]

BILLING CODE 4910–59–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR PART 36

RIN 1018–AD–30

Public Use Regulations for the Alaska

Peninsula/Becharof National Wildlife

Refuge Complex

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Final rule.

SUMMARY: The U.S. Fish and Wildlife

Service adopts regulations to implement

portions of the Alaska Peninsula/

Becharof National Wildlife Refuge

Complex Public Use Management Plan.

The rule will allow the Fish and

Wildlife Service to manage public uses

by adopting regulations addressing offroad vehicles, camping, and temporary

facilities. The regulations will provide

for continued public use of the refuge

complex while protecting refuge

resources and resolving conflicts

between refuge users.

EFFECTIVE DATE: This rule is effective

July 11, 1996.

ADDRESSES: U.S. Fish and Wildlife

Service, Alaska Peninsula/Becharof

National Wildlife Refuge Complex, P.O.

Box 277, King Salmon, AK 99613.

FOR FURTHER INFORMATION CONTACT:

Ronald E. Hood, Refuge Manager,

Alaska Peninsula/Becharof National

Wildlife Refuge Complex, P.O. Box 277,

King Salmon, AK 99613, telephone:

(907) 246–3339.

SUPPLEMENTARY INFORMATION: The

Alaska National Interest Lands

Conservation Act (ANILCA) (16 U.S.C.

3101 et seq.) was signed into law on

December 2, 1980. The broad purpose of

this law is to provide for the disposition

and use of a variety of federally owned

lands in Alaska. Section 303 of ANILCA

established Alaska Peninsula and

Becharof National Wildlife Refuges and

Section 304 of ANILCA expanded

Alaska Maritime National Wildlife

Refuge. The Alaska National Interest

Lands Conservation Act states that

purposes for which Alaska Maritime,

Alaska Peninsula and Becharof Refuges

were established and shall be managed

include:
29496 Federal Register / Vol. 61, No. 113 / Tuesday, June 11, 1996 / Rules and Regulations

(i) [Alaska Maritime Refuge] to

conserve fish and wildlife populations

and habitats in their natural diversity

including, but not limited to marine

mammals, marine birds and other

migratory birds, the marine resources

upon which they rely, bears, caribou

and other mammals;

(i) [Alaska Peninsula Refuge] to

conserve fish and wildlife populations

and habitats in their natural diversity

including, but not limited to, brown

bears, the Alaska Peninsula caribou

herd, moose, sea otters and other marine

mammals, shorebirds and other

migratory birds, raptors, including bald

eagles and peregrine falcons, and

salmonids and other fish;

(i) [Becharof Refuge] to conserve fish

and wildlife populations and habitats in

their natural diversity including, but not

limited to, brown bears, salmon,

migratory birds, the Alaskan Peninsula

caribou herd, and marine birds and

mammals;

(ii) to fulfill the international treaty

obligations of the United States with

respect to fish and wildlife and their

habitats;

(iii) to provide, in a manner consistent

with the purposes set forth in

subparagraphs (i) and (ii), the

opportunity for continued subsistence

uses by local residents; and

(iv) to ensure, to the maximum extent

practicable and in a manner consistent

with the purposes set forth in paragraph

(i), water quality and necessary water

quantity within the refuge[s].

In 1987, the Fish and Wildlife Service

(Service) decided to manage the Ugashik

and Chignik units of the Alaska

Peninsula Refuge, the Seal Cape area of

the Alaska Maritime Refuge and the

Becharof Refuge as a ‘‘complex.’’ These

units share a contiguous boundary and

common resources and resource issues.

Legislation to formalize the ‘‘complex’’

has been drafted. The Public Use

Management Plan and the regulations

cover the Ugashik and Chignik Units of

Alaska Peninsula Refuge, the Seal Cape

area of the Alaska Maritime Refuge, and

Becharof Refuge.

Refuge Planning

Section 304(g) of ANILCA directs the

Secretary of the Interior to prepare a

comprehensive conservation plan

(comprehensive plan) for each national

wildlife refuge in Alaska. The Alaska

Maritime comprehensive plan was

completed in 1988; the Alaska

Peninsula comprehensive plan was

completed in 1987; and the Becharof

comprehensive plan was completed in

1985. A number of public use

management issues were identified and

resolved in the comprehensive plans.

Other issues involving public use of the

refuges were identified as needing more

thorough investigation. These issues

were addressed in the Public Use

Management Plan (public use plan)

approved in May 1994.

Extensive public involvement was

conducted for the public use plan from

1989 to 1994 including workbooks,

three sets of public meetings in all

refuge area communities, Anchorage

and Kodiak and several mailings. A

number of changes were made in the

final public use plan responding to

comments received on the draft. Those

comments also were used to prepare

these regulations.

Draft regulations to implement the

public use plan were published on July

17, 1995 (60 FR 36576) with a 60-day

public comment period. The public

comment period was reopened for

another 45 days to allow additional

review and comment by interested

persons and groups on October 16,

1995, (60 FR 53576).

The July 17, 1995 Federal Register

notice said public hearings would be

held in Chignik Bay, Chignik Lake,

Chignik Lagoon, Egegik, Ivanof Bay,

Naknek, Perryville, Pilot Point, Port

Heiden, and South Naknek, Alaska.

Informal public hearings were held in

Egegik (October 23, 1995), Naknek

(October 26, 1995), and South Naknek

(November 2, 1995), Alaska. When

leaders of both municipal and tribal

governments in the other villages were

contacted to arrange public hearings,

they indicated that hearings were not

necessary. Therefore, because these

villages are all isolated and people from

other communities would not likely

attend public hearings, the hearings

were not held.

Summary of Public Comments

Eleven people attended the Egegik

hearing and one comment on the

regulations was noted. Six people

attended the Naknek hearing. Questions

were asked about the regulations, but no

comments about the regulations were

received. Two people attended the

South Naknek hearing and one

comment on the regulations was noted.

Seven written comments were

received from the State of Alaska, one

regional corporation, the Coalition to

Protect Animals in Parks and Refuges,

and four individuals (one in Alaska and

three out-of-state). One person met with

Service personnel to discuss the

regulations.

The State of Alaska had no specific

comments on the regulations. One

person suggested re-writing the

regulations in seventh grade English and

translating them into Native languages.

One person opposed the use of off-road

vehicles, camping, and any temporary

or permanent improvements within the

refuge. The Coalition to Protect Animals

in Parks and Refuges suggested there

should be some areas where off-road

vehicles not be allowed, and approved

of off-road vehicle weight limits and

confining general public off-road

vehicle use to trails. The Native

Corporation noted that the off-road

vehicle weight restrictions would not

apply to activities associated with

exploration or development of their

subsurface estate within the refuge. One

person said that subsistence campers

should be able to leave their camp

foundation to be used year after year.

Most other comments did not address

the regulations and were about other

aspects of refuge management (for

example, opposing sport hunting on

refuges or requesting information about

special use permits). The comment at

the Egegik hearing suggested that offroad vehicle trailers be required to use

low pressure tires. One person at the

South Naknek hearing suggested that

temporary facilities be prohibited

throughout the refuge complex. The

person meeting with Service staff was

concerned that the regulations not affect

a road he is proposing to use within the

refuge. He was assured that the

regulations would have no effect on his

proposal.

Based on public comments received

the Service proposes only one change

from the proposed regulations. A

typographical error appeared in

subsection 36.39(c)(4)(iii). It stated that

new temporary facilities are prohibited

within ‘‘1⁄2 mile’’ of the shoreline of

Upper and Lower Ugashik Lakes. It

should have read ‘‘1⁄4 mile’’ of the

shoreline of Upper and Lower Ugashik

Lakes. The final rule reads 1⁄4 mile.

While the Service agrees with the

suggestion to require the use of low

pressure tires on off-road vehicle

trailers, as stated in the notice of

proposed rule-making the Service does

not believe it is necessary to regulate

off-road vehicle trailers at this time.

Regarding the suggestion that there be

no use of off-road vehicles on some

parts of the refuge complex, ANILCA

Section 810 requires the Service to

allow ‘‘other means of surface

transportation’’ traditionally employed

for subsistence subject to reasonable

regulations. The regulations limit the

size and weight of off-road vehicles. All

areas of the refuge complex are open to

subsistence use of off-road vehicles, but

the distance of many areas from

communities, vast size, and extremely

rugged terrain of much of the area

effectively precludes off-road vehicle
Federal Register / Vol. 61, No. 113 / Tuesday, June 11, 1996 / Rules and Regulations 29497

use in many areas of the refuge

complex.

Section 1316 of ANILCA states, in

part, ‘‘* * * the Secretary shall permit,

subject to reasonable regulations to

ensure compatibility, the continuance of

existing uses, and the future

establishment and use, of temporary

campsites, tent platforms, shelters, and

other temporary facilities and

equipment directly and necessarily

related to such activities [the taking of

fish and wildlife] * * *.’’ Section 1316

also states that temporary facilities

could be denied if they would be

‘‘detrimental to the purposes for which

the * * * unit was established * * *.’’

In the public use plan, the Service

determined which areas of the refuge

temporary facilities would be

detrimental to refuge purposes and

these will be closed to new temporary

facilities by the regulations. The

establishment of new temporary

facilities elsewhere in the refuge

complex was generally found to be

compatible with the purposes of the

refuge. Each application for temporary

facilities will be evaluated by the refuge

complex staff and authorized only if

found to be directly and necessarily

related to the taking of fish and wildlife

and compatible with the purposes of the

refuge. Permits authorizing temporary

facilities contain special conditions to

ensure compatibility and minimizing

effects on other refuge users.

Conformance With Statutory and

Regulatory Authorities

The impact of these final regulations

on subsistence uses has been evaluated

as required by Section 810 of ANILCA.

A subsistence evaluation was included

in the public use management plan

environmental assessment and the

Regional Director found that the plan

would not significantly restrict

subsistence use on the Alaska

Peninsula/Becharof National Wildlife

Refuge Complex. Subsistence uses and

access are expected to differ little, if

any, from existing uses. The regulations

are consistent with the purposes and

intent of Section 810 and will result in

no significant restrictions on

subsistence uses.

These final regulations are consistent

with the purposes for which the Alaska

Maritime, Alaska Peninsula and

Becharof National Wildlife Refuges were

established. A compatibility

determination was approved for the

public use management plan.

Paperwork Reduction Act

These final regulations have been

examined under the Paperwork

Reduction Act of 1995 and have been

found to contain no information

collection requirements.

National Environmental Policy Act

Compliance

An environmental assessment

accompanied the draft public use

management plan. On May 21, 1994, a

Decision Notice and Finding of No

Significant Impact was signed by the

Regional Director. Copies of these

documents may be obtained from the

Alaska Peninsula/Becharof National

Wildlife Refuge Complex, P.O. Box 277,

King Salmon, Alaska 99613. Telephone:

(907) 246–3339. No further

documentation is required by the

National Environmental Policy Act (42

U.S.C. 4321–4347).

Economic Effects

The Department of Interior has

determined this rulemaking was not

subject to Office of Management and

Budget review under Executive Order

12866. A review under the Regulatory

Flexibility Act of 1980 (5 U.S.C. 601 et

seq.) has revealed that this final

rulemaking would not have a significant

effect on a substantial number of small

entities in the area, such as businesses,

organizations and governmental

jurisdictions. This rule impacts the

refuge complex only to the extent that

off-road vehicles and camping are better

administered. Temporary facilities are

only allowed for administrative and

subsistence purposes at particular sites.

These provisions are seen, therefore, as

administrative in nature and having

little or no impact on small entities.

This final rule will have minimal, if

any, impact on the economy of the

Alaska Peninsula.

Unfunded Mandates

The Service has determined and

certifies pursuant to the Unfunded

Mandates 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.

Primary Author: Helen Clough, Refuges

and Wildlife, Alaska Regional Office, U.S.

Fish and Wildlife Service, Anchorage, Alaska

is the primary author of this final rulemaking

document.

List of Subjects in 50 CFR Part 36

Alaska, Recreation and recreation

areas, Reporting and recordkeeping

requirements, Wildlife refuges.

The U.S. Fish and Wildlife Service

amends Part 36 of Chapter I of Title 50

as follows:

PART 36—[AMENDED]

1. The authority citation for Part 36

continues to read as follows:

Authority: 16 U.S.C. 460(k) et seq., 668dd

et seq., 742(a) et seq., 3101 et seq., and 44

U.S.C. 3501 et seq.

2. Section 36.39 is amended by

adding paragraph (c) (1)–(4) as follows:

§ 36.39 Public use.

* * * * *

(c) Alaska Peninsula/Becharof

National Wildlife Refuge Complex.

(1) The Alaska Peninsula/Becharof

National Wildlife Refuge (Complex)

includes the Becharof National Wildlife

Refuge, the Chignik and Ugashik Units

of the Alaska Peninsula National

Wildlife Refuge and the Seal Cape Area

of the Alaska Maritime National

Wildlife Refuge.

(2) Off-road vehicles are permitted on

the refuge complex under

§ 36.12(a),§ 36.39(c)(2)(ii) or

§ 36.39(c)(2)(iii) and must meet the

following conditions:

(i) Vehicles are limited to three or

four-wheeled vehicles with a maximum

gross weight of 650 pounds as listed by

the manufacturer.

(ii) ORV’s are permitted on the

following trails only: Yantarni Bay

Airstrip; Yantarni Bay Airstrip to beach

trail; and Yantarni Bay Airstrip to oil

well site trail. Maps of the above areas

are available from the Refuge Manager.

(iii) Subject to the weight and size

restrictions listed in (i) above,

subsistence use of off-road vehicles, as

authorized by 50 CFR 36.12(a) is

allowed throughout the Alaska

Peninsula/Becharof National Wildlife

Refuge Complex.

(3) Camping is permitted on the

Refuge Complex subject to the following

restrictions:

(i) These camping limits do not apply

to subsistence users except at Big Creek

where they apply to all refuge complex

users.

(ii) No permanent improvements may

be made to campsites without a special

use permit. All materials brought on to

the refuge complex must be removed

upon cessation of camping unless

authorized by a special use permit.

(iii) Other than reserved sites

authorized by special use permits,

camping at one location is limited to

seven consecutive nights from August 1

through November 15 within 1⁄4 mile of

the following waters: Becharof Lake in

the Severson Peninsula area (Island

Arm); Becharof Lake Outlet; Ugashik

Narrows; Big Creek; Gertrude Lake; and

Gertrude Creek between Gertrude Lake

and the King Salmon River. Maps of the
29498 Federal Register / Vol. 61, No. 113 / Tuesday, June 11, 1996 / Rules and Regulations

above areas are available from the

Refuge Manager.

(iv) Tent camps must be moved a

minimum of one mile following each

seven-night camping stay during the

periods specified above.

(4) Temporary facilities may be

authorized on the Alaska Peninsula/

Becharof National Wildlife Refuge

Complex by special use permit only,

subject to the following conditions:

(i) Except for administrative or

subsistence purposes, new temporary

facilities are prohibited within 1⁄4 mile

of the Becharof Lake shoreline.

(ii) Except for administrative

purposes, new temporary facilities are

prohibited in the following areas: within

1⁄4 mile of the shorelines of Gertrude

Lake and Long Lake; within 1⁄4 mile of

the airstrip on the south side of the King

Salmon River approximately 1⁄2 mile

above the confluence of Gertrude Creek

and the King Salmon River; within 1⁄4

mile of the shoreline of Upper and

Lower Ugashik Lakes; within 1⁄4 mile of

the shoreline of Becharof Lake outlet;

and within 1⁄4 mile of the shoreline of

Big Creek. Maps of the above areas are

available from the Refuge Manager.

* * * * *

Dated: April 25, 1996.

George T. Frampton, Jr.,

Assistant Secretary for Fish and Wildlife and

Parks.

[FR Doc. 96–14775 Filed 6–10–96; 8:45 am]

BILLING CODE 4310–55–P