31888 Federal Register / Vol. 61, No. 121 / Friday, June 21, 1996 / Proposed Rules

Rule 404 should be withdrawn from the

SIP. None of these rules has a direct

impact on NAAQS pollutants and,

therefore, will not affect the attainment

or maintenance plans which have been

approved. It should also be noted that

it is EPA policy that no odor regulations

be included in SIPs because there is no

NAAQS specifically for odor. EPA is

proposing approval of Puerto Rico’s

request to withdraw Rules 411, 418,

419, 420, and 421 from the SIP. These

rules, however, will remain enforceable

by Puerto Rico.

V. Regulations Concerning HAPs which

were Approved Pursuant to Section

112(l) of the Clean Air Act

Section 112(l) of the Act enables

Puerto Rico to develop a program for the

implementation and enforcement of

HAP emissions standards. Approval by

EPA of such program would provide for

the delegation of the EPA

Administrator’s authorities and

responsibilities to implement and

enforce the HAP emissions standards to

Puerto Rico. Puerto Rico has revised

Rule 211 of the Puerto Rico Regulations

pursuant to section 112(l) of the Act in

order to provide sources with a

mechanism to limit potential HAP

emissions.

EPA can only approve a program

under 112(l) if Puerto Rico meets the

following criteria: (1) adequate authority

to assure compliance with any section

112 standard or requirements; (2)

adequate resources; (3) the program

provides for an expeditious schedule for

assuring compliance with section 112

requirements; and (4) the program is

otherwise likely to satisfy the objectives

of the Act. EQB has already

demonstrated through Title V that it has

adequate authority to implement and

enforce all section 112 requirements for

both Title V and non-Title V sources.

EQB also demonstrated sufficient fees to

implement all section 112 requirements

in its Title V Fee Demonstration. While

EPA is approving Rule 211 as part of the

SIP, Rule 211 will also have the effect

of limiting HAP emissions pursuant to

its approval under section 112(l) of the

Act.

Conclusion

EPA is proposing approval the

revisions to the Regulations, which

include revisions to Rules 102, 105, 106,

107, 109, 110, 111, 112, 114, 117, 121,

201, 203, 204, 205, 206, 209, 211, 301,

401, 402, 403, 404, 405, 406, 408, 409,

410, 412, 413, 414, 417, and 501. EPA

is not incorporating new Rule 422 into

the federally approved SIP. In addition,

EPA is proposing approval of the

withdrawal of Rules 411, 418, 419, 420

and 421 from the SIP, which contain the

federally approved regulations,

however, EPA is not approving the

withdrawal of Rule 404 from the SIP.

Nothing in this proposed rule should

be construed as permitting or allowing

or establishing a precedent for any

future request for revision to any state

implementation plan. Each request for

revision to the SIP shall be considered

separately in light of specific technical,

economic, and environmental factors

and in relation to relevant statutory and

regulatory requirements.

Under the Regulatory Flexibility Act,

5 U.S.C. 600 et. seq., EPA must prepare

a regulatory flexibility analysis

assessing the impact of any proposed or

final rule on small entities. 5 U.S.C. 603

and 604. Alternatively, EPA may certify

that the rule will not have a significant

impact on a substantial number of small

entities. Small entities include small

businesses, small not for-profit

enterprises, and government entities

with jurisdiction over populations of

less than 50,000.

SIP approvals under section 110 and

subchapter I, part D of the Clean Air Act

do not create any new requirements, but

simply approve requirements that the

State is already imposing. Therefore,

because the federal SIP-approval does

not impose any new requirements, I

certify that it does not have a significant

impact on any small entities affected.

Moreover, due to the nature of the

federal-state relationship under the

Clean Air Act, preparation of a

regulatory flexibility analysis would

constitute federal inquiry into the

economic reasonableness of state action.

The Clean Air Act forbids EPA to base

its actions concerning SIPs on such

grounds. Union Electric Co. v US EPA,

427 US 246, 256–66 (S.Ct. 1976); 42

U.S.C. 7410(a)(2).

Under sections 202, 203, and 205 of

the Unfunded Mandates Reform Act of

1995 (‘‘Unfunded Mandates Act’’),

signed into law on March 22, 1995, EPA

must undertake various actions in

association with proposed or final rules

that include a federal mandate that may

result in estimated annual costs of $100

million or more to the private sector, or

to state, local, or tribal governments in

the aggregate.

Through submission of this SIP or

plan revision, the state and any affected

local or tribal governments have elected

to adopt the program provided for under

section 112(l) and 110 of the Clean Air

Act. These rules may bind state, local

and tribal governments to perform

certain actions and also require the

private sector to perform certain duties.

To the extent that the rules being

approved by this action would impose

any mandate upon the state, local or

tribal governments either as the owner

or operator of a source or as a regulator,

or would impose any mandate upon the

private sector, EPA’s action will impose

no new requirements; such sources are

already subject to these regulations

under state law. Accordingly, no

additional costs to state, local, or tribal

governments, or to the private sector,

result from this action. EPA has also

determined that this direct final action

does not include a mandate that may

result in estimated annual costs of $100

million or more to state, local, or tribal

governments in the aggregate or to the

private sector.

The Office of Management and Budget

has exempted this action from review

under Executive Order 12866.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Incorporation by

reference, Intergovernmental relations,

Particulate matter, Reporting and

recordkeeping requirements, Volatile

organic compounds.

Dated: May 31, 1996.

William J. Muszynski,

Acting Regional Administrator.

[FR Doc. 96–15885 Filed 6–20–96; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 32

RIN 1018–AD78

Addition of Cossatot National Wildlife

Refuge to the List of Open Areas for

Hunting and Sport Fishing in Arkansas

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Proposed rule.

SUMMARY: The U.S. Fish and Wildlife

Service (Service) proposes to add

Cossatot National Wildlife Refuge to the

list of areas open for hunting and sport

fishing in Arkansas along with pertinent

refuge-specific regulations for such

activities. The Service has determined

that such use will be compatible with

the purposes for which the refuge was

established. The Service has further

determined that this action is in

accordance with the provisions of all

applicable laws, is consistent with

principles of sound fish and wildlife

management, and is otherwise in the

public interest by providing additional

recreational opportunities at national

wildlife refuges.
Federal Register / Vol. 61, No. 121 / Friday, June 21, 1996 / Proposed Rules 31889

DATES: Comments may be submitted on

or before July 22, 1996.

ADDRESSES: Assistant Director—Refuges

and Wildlife, U.S. Fish and Wildlife

Service, 1849 C Street, NW, MS 670

ARLSQ, Washington, DC 20240.

FOR FURTHER INFORMATION CONTACT:

Stephen R. Vehrs, at the address above;

Telephone (703) 358–2397.

SUPPLEMENTARY INFORMATION: National

wildlife refuges generally are closed to

hunting and sport fishing until opened

by rulemaking. The Secretary of the

Interior (Secretary) may open refuge

areas to hunting and/or fishing upon a

determination that such uses are

compatible with the purpose(s) for

which the refuge was established. The

action also must be in accordance with

provisions of all laws applicable to the

areas, must be consistent with the

principles of sound fish and wildlife

management, and otherwise must be in

the public interest. The Service

proposes to open Cossatot National

Wildlife Refuge to hunting migratory

game birds, upland game, big game, and

sport fishing.

Request for Comments

Department of the Interior policy is,

whenever practicable, to afford the

public a meaningful opportunity to

participate in the rulemaking process. A

30-day comment period is specified in

order to facilitate public input.

Accordingly, interested persons may

submit written comments concerning

this proposed rule to the person listed

above under the heading ADDRESSES.

All substantive comments will be

reviewed and considered.

Statutory Authority

The National Wildlife Refuge System

Administration Act (NWRSAA) of 1966,

as amended (16 U.S.C. 668dd), and the

Refuge Recreation Act of 1962 (16

U.S.C. 460k) govern the administration

and public use of national wildlife

refuges. Specifically, Section 4(d)(1)(A)

of the NWRSAA authorizes the

Secretary of the Interior to permit the

use of any area within the Refuge

System for any purpose, including but

not limited to, hunting, fishing and

public recreation, accommodations and

access, when he determines that such

uses are compatible with the major

purpose(s) for which the area was

established.

The Refuge Recreation Act (RRA)

authorizes the Secretary to administer

areas within the Refuge System for

public recreation as an appropriate

incidental or secondary use only to the

extent that it is practicable and not

inconsistent with the primary

purpose(s) for which the areas were

established.

In many cases, refuge-specific

regulations are developed to ensure the

compatibility of the programs with the

purposes for which the refuge was

established. Initial compliance with the

NWRSAA and the RRA has been

ensured for hunting and sport fishing on

a newly acquired refuge like Cossatot

through an interim determination of

compatibility made at the time of

acquisition. This has ensured that the

determinations required by these acts

have been made prior to the addition of

refuges to the lists of areas open to

hunting and fishing in 50 CFR part 32.

Continued compliance is ensured by the

development of long-term hunting and

sport fishing plans and by annual

review of hunting and sport fishing

programs and regulations.

The Service has determined that this

action is in accordance with the

provisions of all applicable laws, is

consistent with principles of sound fish

and wildlife management, helps

implement Executive Order 12962

(Recreational Fisheries), and is

otherwise in the public interest by

providing additional recreational

opportunities at national wildlife

refuges. Sufficient funds will be

available within the refuge budget to

operate the hunting and sport fishing

programs as proposed.

Opening Package

In preparation for this opening, the

following documents are included in

the refuge’s ‘‘openings package’’ for

Regional review and approval from the

Washington Office: an interim hunting

and fishing management plan; an

environmental action memorandum and

categorical exclusion certification; a

Section 7 determination pursuant to the

Endangered Species Act, that these

openings will have no effect on listed

species or critical habitats; a letter of

concurrence from the affected State;

interim compatibility determination;

and refuge-specific regulations to

administer the hunting and fishing

programs. Upon review of these

documents, the Secretary has

determined that the opening of the

Cossatot National Wildlife Refuge to

hunting and fishing is compatible with

the principles of sound fish and wildlife

management and otherwise will be in

the public interest. A brief description

of the refuge program follows.

Cossatot National Wildlife Refuge

Cossatot National Wildlife Refuge,

located in Sevier County, Arkansas, was

established in 1994 to preserve both

habitat and wintering areas vital to the

long-term conservation of migratory

waterfowl and afford protection to

threatened and endangered species. The

Service plans to increase the refuge from

its current 1,933 acres to encompass

Millwood Lake, a 30,000-acre Corps of

Engineers impoundment adjoining the

refuge. The protection of these habitats

benefits all fish and wildlife species in

the area and makes available additional

lands for public recreational use. All

consumptive public use programs are

planned and administered to

complement and/or assist with the

primary goal of habitat and fish and

wildlife management without

conflicting with other primary

objectives of the refuge.

The area is especially notable for its

abundant water resources. The Cossatot

River is designated as an Arkansas

Scenic Stream just north of the refuge.

The Little River, Red Lake, Wilson

Creek, Roberts Branch, Pond Creek,

Clear Creek and several old oxbow lakes

also contribute to the areas wetland

values.

The refuge provides outstanding

habitat for a diversity of birds, mammals

and aquatic life. The flooded green and

dead timber provide excellent wintering

habitat for waterfowl, and wood duck

breeding and nesting habitat. The

primary waterfowl species in this part of

Arkansas are mallards and wood ducks;

however, other species such as gadwall,

green-winged teal and ring-necked

ducks use the flooded timber, sloughs

and beaver ponds. The refuge is

positioned to receive ducks from both

the Central and Mississippi Flyways

and has a long history of good waterfowl

hunting. Wading birds frequent these

wetlands and four rookeries are present

on the subject property.

Hunting and fishing will continue on

these lands in the interim during the

refuge master planning process. All

hunting and fishing seasons are

designed to provide optimum

opportunity for quality recreation

experiences. Management objectives of

the refuge are to:

• Preserve and manage the area’s

wetland and bottomland hardwood

habitat for a natural diversity of

wildlife;

• Provide habitat for neotropical

migratory birds;

• Provide wintering habitat for

migratory waterfowl;

• Provide breeding and nesting

habitat for wood ducks; and

• Provide opportunities for

compatible public recreation such as

hunting, fishing, hiking, birdwatching

and environmental education and

interpretation.
31890 Federal Register / Vol. 61, No. 121 / Friday, June 21, 1996 / Proposed Rules

Hunting will be allowed under permit

in accordance with State of Arkansas

regulations and licensing requirements

with the following exceptions:

• Vehicles will be restricted to

existing roads;

• All-terrain vehicles will be

restricted to designated trails and roads;

• Off-road travel will be limited to

foot travel;

• Firearms and bows will be

prohibited except during hunting

seasons;

• Hunting deer with dogs will not be

allowed;

• Camping will be restricted to

designated areas; and

• Non-toxic shot will be required for

shotgun hunting.

Paperwork Reduction Act

This regulation has been examined

under the Paperwork Reduction Act of

1995 and has been found to contain no

information collection requirements.

Economic Effect

Service review has revealed that this

rulemaking will increase hunter and

fishermen visitation to the surrounding

area of the refuge before, during or after

the recreational use, compared to the

refuge being closed to these recreational

uses. When the Service acquired this

land, all public use ceased under law

until opened to the public in accordance

with this rulemaking.

This refuge is located away from large

metropolitan areas. Businesses in the

area consist primarily of small family

owned stores, restaurants, gas stations

and other small commercial enterprises.

In addition, there are several small

commercial and recreational fishing and

hunting camps and marinas in the

general area. This proposed rule would

have a positive effect on such entities,

however, the amount of revenue

generated is not large.

Many area residents enjoy a rural

lifestyle that includes frequent

recreational use of the abundant natural

resources of the area. A high percentage

of the households enjoy hunting,

fishing, and boating in area wetlands,

rivers and lakes. Refuge lands were not

generally available for general public

use prior to government acquisition;

however, they were fished and hunted

upon by friends and relatives of the

landowners, and some were under

commercial hunting and fishing leases.

Many nearby residents also participate

in other forms of nonconsumptive

outdoor recreation, such as biking,

hiking, camping, birdwatching,

canoeing, and other outdoor sports.

Economic impacts of refuge hunting

and fishing programs on local

communities are calculated from

average expenditures in the 1995

National Survey of Fishing, Hunting,

and Wildlife-Associated Recreation. In

1995, 42 million U.S. residents 16 years

old and older hunted and/or fished.

More specifically, 37 million fished and

14.5 million hunted. Those who both

fished and hunted account for the 9.5

million overage. Nationwide

expenditures by sportsmen totaled $42

billion. Trip-related expenditures for

food, lodging, and transportation were

$16 billion or 37 percent of all fishing

and hunting expenditures; equipment

expenditures amounted to $19 billion,

or 46 percent of the total; other

expenditures such as those for

magazines, membership dues,

contributions, land leasing, ownership,

licenses, stamps, tags, and permits

accounted for $6.9 billion, or 16 percent

of all expenditures. Overall, anglers

spent an average of $41 per day. For

each day of hunting, big game hunters

averaged spending $40, small game

hunters $20, and migratory bird hunters

$33.

Applying these national averages to

projected visitation at Cossatot National

Wildlife Refuge results in the following:

800 hunters are expected to spend

$28,000 annually and 2,000 fishermen

will spend approximately $82,000 in

pursuit of their sports on the refuge.

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 the rulemaking would

increase visitation and expenditures in

the surrounding area of the refuge. The

rulemaking would not have a significant

effect on a substantial number of small

entities in the area, such as businesses,

organizations and governmental

jurisdictions.

Environmental Considerations

Pursuant to the requirements of

section 102(2)(C) of the National

Environmental Policy Act of 1969 (42

U.S.C. 4332(2)(C)), an environmental

assessment was not prepared for this

opening. The Service invoked a

categorical exclusion as provided by 516

DM6 Appendix 1 with respect to the

opening. A Section 7 evaluation

pursuant to the Endangered Species Act

was conducted. The Service determined

that the proposed action will have no

effect on three species and is not likely

to effect a fourth species of Federally

listed or proposed for listing threatened

or endangered species or their critical

habitats. These documents are on file at

the offices of the Service and may be

reviewed by contacting the primary

author noted below.

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

Stephen R. Vehrs, Division of Refuges,

U.S. Fish and Wildlife Service,

Washington, DC, is the primary author

of this proposed rulemaking document.

List of Subjects in 50 CFR Part 32

Fishing, Hunting, Reporting and

recordkeeping requirements, Wildlife,

and Wildlife refuges.

Accordingly, Part 32 of chapter I of

Title 50 of the Code of Federal

Regulations is proposed to be amended

as follows:

PART 32—[AMENDED]

1. The authority citation for Part 32

continues to read as follows:

Authority: 5 U.S.C. 301; 16 U.S.C. 460k,

664, 668dd, and 715i.

2. Section 32.7 List of refuge units

open to hunting and/or fishing is

amended by adding the alphabetical

listing of ‘‘Cossatot National Wildlife

Refuge’’ under the State of Arkansas.

3. Section 32.23 Arkansas is

amended by adding in alphabetical

order Cossatot National Wildlife Refuge

to read as follows:

§ 32.23 Arkansas.

* * * * *

Cossatot National Wildlife Refuge

A. Hunting of Migratory Game Birds.

Hunting of ducks, geese, coots, woodcock,

snipe, and mourning doves is permitted on

designated areas of the refuge subject to the

following condition:

1. Permits are required.

B. Upland Game Hunting. Hunting of

quail, rabbit, squirrel, raccoon, opossum and

beaver is permitted on designated areas of the

refuge subject to the following condition:

1. Permits are required.

C. Big Game Hunting. Hunting of white-tail

deer and turkey is permitted on designated

areas of the refuge subject to the following

condition:

1. Permits are required.

D. Sport Fishing. Fishing, frogging, and

taking of turtles and crawfish is permitted on

designated areas of the refuge subject to the

following conditions:

1. Fishing and the taking of turtles and

crawfish in accordance with applicable state

regulations.

2. Trotlines must be reset when receding

water levels expose them. The ends of
Federal Register / Vol. 61, No. 121 / Friday, June 21, 1996 / Proposed Rules 31891

Trotlines must consist of a length of cotton

line that extends from the point of

attachment into the water.

* * * * *

Dated: June 3, 1996.

George T. Frampton, Jr.,

Assistant Secretary for Fish and Wildlife and

Parks.

[FR Doc. 96–15130 Filed 6–20–96; 8:45 am]

BILLING CODE 4310–55–P

50 CFR Part 32

RIN 1018–AD80

Addition of Bald Knob National Wildlife

Refuge to the List of Open Areas for

Hunting and Sport Fishing in Arkansas

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Proposed rule.

SUMMARY: The U.S. Fish and Wildlife

Service (Service) proposes to add Bald

Knob National Wildlife Refuge to the

list of areas open for hunting and sport

fishing in Arkansas along with pertinent

refuge-specific regulations for such

activities. The Service has determined

that such use will be compatible with

the purposes for which the refuge was

established. The Service has further

determined that this action is in

accordance with the provisions of all

applicable laws, is consistent with

principles of sound fish and wildlife

management, and is otherwise in the

public interest by providing additional

recreational opportunities at national

wildlife refuges.

DATES: Comments may be submitted on

or before July 22, 1996.

ADDRESSES: Assistant Director—Refuges

and Wildlife, U.S. Fish and Wildlife

Service, 1849 C Street, NW, MS 670

ARLSQ, Washington, DC 20240.

FOR FURTHER INFORMATION CONTACT:

Stephen R. Vehrs, at the address above;

Telephone (703) 358–2397.

SUPPLEMENTARY INFORMATION: National

wildlife refuges generally are closed to

hunting and sport fishing until opened

by rulemaking. The Secretary of the

Interior (Secretary) may open refuge

areas to hunting and/or fishing upon a

determination that such uses are

compatible with the purpose(s) for

which the refuge was established. The

action also must be in accordance with

provisions of all laws applicable to the

areas, must be consistent with the

principles of sound fish and wildlife

management, and otherwise must be in

the public interest. The Service

proposes to open Bald Knob National

Wildlife Refuge to hunting migratory

game birds, upland game, big game and

sport fishing.

Request for Comments

Department of the Interior policy is,

whenever practicable, to afford the

public a meaningful opportunity to

participate in the rulemaking process. A

30-day comment period is specified in

order to facilitate public input.

Accordingly, interested persons may

submit written comments concerning

this proposed rule to the person listed

above under the heading ADDRESSES. All

substantive comments will be reviewed

and considered.

Statutory Authority

The National Wildlife Refuge System

Administration Act (NWRSAA) of 1966,

as amended (16 U.S.C. 668dd), and the

Refuge Recreation Act of 1962 (16

U.S.C. 460k) govern the administration

and public use of national wildlife

refuges. Specifically, Section 4(d)(1)(A)

of the NWRSAA authorizes the

Secretary of the Interior to permit the

use of any area within the Refuge

System for any purpose, including but

not limited to, hunting, fishing and

public recreation, accommodations and

access, when he determines that such

uses are compatible with the major

purpose(s) for which the area was

established.

The Refuge Recreation Act (RRA)

authorizes the Secretary to administer

areas within the Refuge System for

public recreation as an appropriate

incidental or secondary use only to the

extent that it is practicable and not

inconsistent with the primary

purpose(s) for which the areas were

established. The NWRSAA and the RRA

also authorize the Secretary to issue

regulations to carry out the purposes of

the Acts and regulate uses.

In many cases, refuge-specific

regulations are developed to ensure the

compatibility of the programs with the

purposes for which the refuge was

established. Initial compliance with the

NWRSAA and the RRA has been

ensured for hunting and sport fishing on

newly acquired refuges through an

interim determination of compatibility

made at the time of acquisition. This has

ensured that the determinations

required by these acts have been made

prior to the addition of refuges to the

lists of areas open to hunting and

fishing in 50 CFR part 32. Continued

compliance is ensured by the

development of long-term hunting and

sport fishing plans and by annual

review of hunting and sport fishing

programs and regulations.

The Service has determined that this

action is in accordance with the

provisions of all applicable laws, is

consistent with principles of sound fish

and wildlife management, helps

implement Executive Order 12962

(Recreational Fisheries), and is

otherwise in the public interest by

providing additional recreational

opportunities at national wildlife

refuges. Sufficient funds will be

available within the refuge budget to

operate the hunting and sport fishing

programs as proposed.

Opening Package

In preparation for this opening, the

following documents are included in

the refuge’s ‘‘openings package’’ for

Regional review and approval from the

Washington Office: a hunting and

fishing management plan; an

environmental assessment; a Finding of

No Significant Impact (FONSI); a

Section 7 evaluation or statement,

pursuant to the Endangered Species Act,

that this opening is not likely to

adversely affect a listed species or

critical habitat; a letter of concurrence

from the affected State; and refugespecific regulations to administer the

hunting and fishing programs. Upon

review of these documents, the

Secretary has determined that the

opening of the Bald Knob National

Wildlife Refuge to hunting and sport

fishing is compatible with the principles

of sound fish and wildlife management

and otherwise will be in the public

interest.

In accordance with the NWRSAA and

the RRA, the Secretary also has

determined that this opening for

hunting and sport fishing is compatible

and consistent with the primary

purposes for which the refuge was

established and that sufficient funds are

available to conduct the activity. A brief

description of the refuge program

follows.

Bald Knob National Wildlife Refuge

Bald Knob National Wildlife Refuge

was established on September 22, 1993.

The initial purchase was the first of an

accepted multi-year purchase of 12,940

acres from John Hancock Mutual Life

Insurance Company. The refuge is

located in White County, Arkansas,

southwest of Bald Knob, Arkansas. The

refuge is bordered by the Little Red

River and is adjacent to the state-owned

Hurricane Wildlife Management Area.

This protected corridor of wetlands is

strategically located in the Mississippi

Flyway and has been identified as a

high priority site of the North American

Waterfowl Management Plan. The area

has historically wintered large

concentrations of waterfowl and is