Federal Register / Vol. 61, No. 120 / Thursday, June 20, 1996 / Rules and Regulations 31459

Authority: 49 U.S.C. 5103, 60102, 60104,

60108, 60109, 60110, 60113 and 60118; 49

CFR 1.53.

* * * * *

2. Part 192 is amended by adding

§ 192.381 to subpart H to read as

follows:

§ 192.381 Service lines: Excess flow valve

performance standards.

(a) Excess flow valves to be used on

single residence service lines that

operate continuously throughout the

year at a pressure not less than 10 psig

must be manufactured and tested by the

manufacturer according to an industry

specification, or the manufacturer’s

written specification, to ensure that

each valve will:

(1) Function properly up to the

maximum operating pressure at which

the valve is rated;

(2) Function properly at all

temperatures reasonably expected in the

operating environment of the service

line;

(3) At 10 psig:

(i) Be sized to close at, or not more

than 50 percent above the rated closure

flow rate specified by the manufacturer;

and

(ii) Upon closure, reduce gas flow—

(A) For an excess flow valve designed

to allow pressure to equalize across the

valve, to no more than 5 percent of the

manufacturer’s specified closure flow

rate, up to a maximum of 20 cubic feet

per hour; or

(B) For an excess flow valve designed

to prevent equalization of pressure

across the valve, to no more than 0.4

cubic feet per hour; and

(4) Not close when the pressure is less

than the manufacturer’s minimum

specified operating pressure and the

flow rate is below the manufacturer’s

minimum specified closure flow rate.

(b) An excess flow valve must meet

the applicable requirements of Subparts

B and D of this part.

(c) An operator must mark or

otherwise identify the presence of an

excess flow valve in the service line.

(d) An operator should locate an

excess flow valve beyond the hard

surface and as near as practical to the

fitting connecting the service line to its

source of gas supply.

(e) An operator should not install an

excess flow valve on a service line

where the operator has prior experience

with contaminants in the gas stream,

where these contaminants could be

expected to cause the excess flow valve

to malfunction or where the excess flow

valve would interfere with necessary

operation and maintenance activities on

the service, such as blowing liquids

from the line.

Issued in Washington, DC, on June 14,

1996.

D.K. Sharma,

Administrator, Research and Special

Programs Administration.

[FR Doc. 96–15564 Filed 6–19–96; 8:45 am]

BILLING CODE 4910–60–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 32

RIN 1018–AD43

Addition of Ohio River Islands National

Wildlife Refuge to the List of Open

Areas for Sport Fishing in West

Virginia, Pennsylvania, and Kentucky

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Final rule.

SUMMARY: The U.S. Fish and Wildlife

Service (Service) adds Ohio River

Islands National Wildlife Refuge to the

list of areas open for sport fishing in

West Virginia, Pennsylvania, and

Kentucky, along with pertinent refugespecific 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, helps implement

Executive Order 12962, (Recreational

Fisheries), and is otherwise in the

public interest by providing additional

recreational opportunities at a national

wildlife refuge.

EFFECTIVE DATE: This rule is effective

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, Division of Refuges,

U.S. Fish and Wildlife Service,

Washington, DC 20240; 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 must otherwise be in

the public interest. This rulemaking

opens Ohio River Islands National

Wildlife Refuge to sport fishing.

In the November 29, 1995, issue of the

Federal Register (60 FR 61239–61240)

the Service published a proposed

rulemaking and invited public

comment. A description of the refuge

and the proposed fishing program was

provided. No comments were received

during the 60-day public comment

period.

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
31460 Federal Register / Vol. 61, No. 120 / Thursday, June 20, 1996 / Rules and Regulations

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.

Ohio River Islands National Wildlife

Refuge

Established in 1990, the Ohio River

Islands National Wildlife Refuge is

located on the Ohio River from

Shippingport, Pennsylvania to

Manchester, Ohio. There are currently

eighteen islands in the refuge totaling

1,020 acres. Through ongoing

acquisition efforts, the refuge has the

potential to include all, or a portion of,

38 islands located along 362 river miles

encompassing up to 3,500 acres of

wildlife habitat.

The Ohio River islands and their back

channels are recognized for high quality

fish and wildlife, recreation, scientific,

and natural heritage values. These areas

provide some of the regions’ highest

quality riverine, wetland, and

bottomland habitats, and are used by

waterfowl, shorebirds, songbirds,

warmwater fish, and freshwater

mussels.

The Ohio River Islands National

Wildlife Refuge was established under

the authority of the Fish and Wildlife

Act of 1956 (16 U.S.C. 742a–742j). The

refuge’s primary purposes are: ‘‘* * *

for the development, advancement,

management, conservation and

protection of fish and wildlife

resources’’, and ‘‘for the benefit of the

United States Fish and Wildlife Service,

in performing its activities and

services.’’ The objectives of the sport

fishing program are to:

(1) Provide for the wise use of

renewable natural resources;

(2) provide an opportunity for sport

fishing and minimal; interference from

other anglers and freedom to participate

in a natural setting; and

(3) provide sport fishing opportunity

when such use was not detrimental to

the refuge’s primary objective and is

compatible with other wildlifedependent recreation.

A total of 55 species of fish were

collected by the West Virginia

Department of Natural Resources and

the Service in the vicinity of the islands.

The shallow water areas against the

islands, particularly the back channels,

are important nursery areas for a variety

of game fish. Opening the refuge to sport

fishing will have a negligible impact on

the fishery resource.

The 18 refuge islands comprise 1,020

acres, and State surveys of recreational

fishing indicate little impact has been

realized on the island habitats. The

overwhelming majority of fish harvest

occurs at dam tailwaters and main

channel borders.

Opening the refuge to fishing is

compatible with refuge purposes. The

fishing program will be reviewed, as

appropriate, to ensure that sensitive

habitats are protected from disturbance.

Sufficient funds will be available within

the refuge budget to operate this fishing

program.

Paperwork Reduction Act

The Service has examined this

regulation under the Paperwork

Reduction Act of 1995 and found it to

contain no information collection

requirements.

Economic Effect

Service review has revealed that this

rulemaking will increase fishermen

visitation to the surrounding area of the

refuge before, during or after

recreational uses, 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 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 Ohio River

Islands NWR results in the following:

1200 fisherman are expected to spend

$12,200 annually in pursuit of their

sport.

This rulemaking was not subject to

review by the Office of Management and

Budget under Executive Order 12866. A

review under the Regulatory Flexibility

Act of 1980 (5 U.S.C. 601 et seq.) has

revealed that this rulemaking would not

have a significant effect on a substantial

number of small entities, which include

businesses, organizations, or

governmental jurisdictions. Hunters

and/or fishermen increase visitation and

expenditures in the surrounding area of

the refuge and contribute in a positive

manner, but the total amounts are not

significant to the local area, therefore,

this rule would have minimal effect on

such entities.

Federalism

This rule will not have substantial

direct effects on the States, in their

relationship between the Federal

Government and the States, or on the

distribution of power and

responsibilities among the various

levels of government. Therefore, in

accordance with Executive Order 12612,

the Service has determined that this rule

does not have sufficient Federalism

implications to warrant the preparation

of a Federalism Assessment.

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
Federal Register / Vol. 61, No. 120 / Thursday, June 20, 1996 / Rules and Regulations 31461

of $100 million or more in any given

year on local or State governments or

private entities.

Civil Justice Reform

The Service has determined that these

final regulations meet the applicable

standards provided in Sections (a) and

(b) of Executive Order 12988.

Environmental Effects

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 prepared for this

opening. Based upon the Environmental

Assessment, the Service issued a

Finding of No Significant Impact with

respect to the opening. A Section 7

evaluation pursuant to the Endangered

Species Act was conducted. The Service

determined that this action will not

affect any 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

making preliminary arrangements with

the primary author noted below.

Primary Author: Stephen R. Vehrs,

Division of Wildlife Refuges, U.S. Fish and

Wildlife Service, Washington, DC, is the

primary author of this rulemaking document.

List of Subjects in 50 CFR Part 32

Fishing, Hunting, Reporting and

recordkeeping requirements, Wildlife,

Wildlife refuges.

Accordingly, part 32 of chapter I of

Title 50 of the Code of Federal

Regulations is 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.

§ 32.7 [Amended]

2. Section 32.7, List of refuge units

open to hunting and/or fishing, is

amended by alphabetical adding ‘‘Ohio

River Islands National Wildlife Refuge’’

to the States of Kentucky and

Pennsylvania.

3. Section 32.36 Kentucky is amended

by adding ‘‘Ohio River Islands National

Wildlife Refuge’’ in alphabetical order

to read as follows:

§ 32.36 Kentucky.

* * * * *

Ohio River Islands National Wildlife

Refuge

A. Hunting of Migratory Game Birds.

[Reserved]

B. Upland Game Hunting. [Reserved]

C. Big Game Hunting. [Reserved]

D. Sport Fishing. Sport fishing is

permitted on designated areas of the

refuge under Kentucky’s State fishing

regulations and guidelines, unless

otherwise posted on the refuge.

* * * * *

4. Section 32.57, Pennsylvania is

amended by adding ‘‘Ohio River Islands

National Wildlife’’ alphabetically to

read as follows:

§ 32.57 Pennsylvania.

* * * * *

Ohio River Islands National Wildlife

Refuge

A. Hunting of Migratory Game Birds.

[Reserved]

B. Upland Game Hunting. [Reserved]

C. Big Game Hunting. [Reserved]

D. Sport Fishing. Sport fishing is

permitted on designated areas of the

refuge under Pennsylvania’s State

fishing regulations and guidelines,

unless otherwise posted on the refuge.

* * * * *

5. Section 32.68, West Virginia is

amended by revising paragraph D,

under ‘‘Ohio River Islands National

Wildlife Refuge’’ to read as follows:

§ 32.68 West Virginia.

* * * * *

Ohio River Islands National Wildlife

Refuge

* * * * *

D. Sport fishing. Sport fishing is

permitted on designated areas of the

refuge under West Virginia’s State

regulations and guidelines, unless

otherwise posted on the refuge.

* * * * *

Dated: April 16, 1996.

George T. Frampton, Jr.,

Assistant Secretary for Fish and Wildlife and

Parks.

[FR Doc. 96–15738 Filed 6–19–96; 8:45 am]

BILLING CODE 4310–55–P

50 CFR Part 32

RIN 1018–AD44

Addition of Great Bay National Wildlife

Refuge to the List of Open Areas for

Hunting in New Hampshire

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Final rule.

SUMMARY: The U.S. Fish and Wildlife

Service (Service) adds Great Bay

National Wildlife Refuge to the list of

areas open for hunting in New

Hampshire along with pertinent refugespecific 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 wildlife

management, and is otherwise in the

public interest by providing additional

recreational opportunities at a national

wildlife refuge.

EFFECTIVE DATE: This rule is effective

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 until opened by rulemaking.

The Secretary of the Interior (Secretary)

may open refuge areas to hunting 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 wildlife

management, and otherwise must be in

the public interest. The Service opens

Great Bay National Wildlife Refuge to

hunting migratory birds, and big game.

In the November 29, 1995, issue of the

Federal Register (60 FR 61237–61239)

the Service published a proposed

rulemaking and invited public

comment. A description of the refuge

and the proposed hunting program was

provided. No comments were received

during the 60-day public comment

period.

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