Subsistence Management Regulations for Public Lands in Alaska; Kenai Peninsula Subsistence Resource Region, 56356-56357 [06-8276]

Download as PDF 56356 Federal Register / Vol. 71, No. 187 / Wednesday, September 27, 2006 / Rules and Regulations Environment We have analyzed this temporary rule under Commandant Instruction M16475.1D and Department of Homeland Security Management Directive 5100.1, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321–4370f), and have concluded that there are not factors in this case that would limit the use of a categorical exclusion under section 2.B.2 of the Instruction. Therefore, this rule is categorically excluded, under figure 2–1, paragraph (34)(h), of the Instruction, from further environmental documentation. Under figure 2–1, paragraph (34)(h), of the Instruction, and ‘‘Environmental Analysis Check List’’ and a ‘‘Categorical Exclusion Determination’’ are not required for this rule. List of Subjects in 33 CFR Part 100 Marine Safety, Navigation (water), Reporting and record keeping requirements, Waterways. I For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 100 as follows: PART 100—SAFETY OF LIFE ON NAVIGABLE WATERS 1. The authority citation for part 100 continues to read as follows: I Authority: 33 U.S.C. 1233; Department of Homeland Security Delegation No. 0170.1. I 2. Add § 100.T13–032 to read as follows: sroberts on PROD1PC70 with RULES § 100.T13–032 Special Local Regulations, Strait Thunder Hydroplane Races, Port Angeles, WA. (a) Regulated areas. (1) The regulated area encompasses all waters located inside of a line connecting the following points located near Port Angeles, Washington: Point 1: 48° 07′ 24″ N, 123° 25′ 32″ W; Point 2: 48° 07′ 26″ N, 123° 24′ 35″ W; Point 3: 48° 07′ 12″ N, 123° 25′ 31″ W; Point 4: 48° 07′ 15″ N, 123° 24′ 34″ W. [Datum: NAD 1983]. (2) The spectator area encompasses all waters located within a box bounded by the following points located near Port Angeles, Washington: Point 1: 48° 07′ 32″ N, 123° 25′ 33″ W; Point 2: 48° 07′ 29″ N, 123° 24′ 36″ W; Point 3: 48° 07′ 24″ N, 123° 25′ 32″ W, Point 4: 48° 07′ 26″ N, 123° 24′ 35″ W. [Datum: NAD 1983]. (b) Coast Guard Patrol Commander. The Coast Guard Patrol Commander is a commissioned, warrant, or petty officer of the Coast Guard who has been designated by Commander, Coast Guard Group Port Angeles. The Patrol VerDate Aug<31>2005 16:20 Sep 26, 2006 Jkt 208001 Commander is empowered to control the movement of vessels on the racecourse and in the adjoining waters described in paragraph (a) above during the periods this regulation is in effect. The Coast Guard will maintain a patrol consisting of Coast Guard vessels, assisted by Coast Guard Auxiliary vessels. The Patrol Commander may be assisted by other federal, state and local law enforcement agencies as well as Strait Thunder event craft. (c) Special Local Regulations. From 9 a.m. until 5 p.m. on September 29, 30, and October 1, 2006, non-participant vessels are prohibited from entering the regulated area unless authorized by the Coast Guard Patrol Commander. Spectator craft may remain in the designated spectator area but must follow the directions of the Coast Guard Patrol Commander. Spectator craft entering, exiting or moving within the spectator area must operate at speeds which will create a minimum wake, and not exceed seven knots. The maximum speed may be reduced at the discretion of the Patrol Commander. (d) A succession of sharp, short signals by whistle or horn from vessels patrolling the areas under the discretion of the Patrol Commander shall serve as a signal to stop. Vessels signaled shall stop and shall comply with the orders of the patrol vessel. Failure to do so may result in expulsion from the area, citation for failure to comply, or both. Dated: September 11, 2006. Richard R. Houck, Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard District. [FR Doc. E6–15843 Filed 9–26–06; 8:45 am] BILLING CODE 4910–15–P DEPARTMENT OF AGRICULTURE Forest Service 36 CFR Part 242 DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 100 RIN 1018–AU92 Subsistence Management Regulations for Public Lands in Alaska; Kenai Peninsula Subsistence Resource Region AGENCIES: Forest Service, Agriculture; Fish and Wildlife Service, Interior. ACTION: Direct final rule; withdrawal. PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 SUMMARY: We, the Federal Subsistence Board, are withdrawing the direct final rule that would have amended the regulations governing subsistence use of fish and wildlife in Alaska by creating an additional subsistence resource region for the Kenai Peninsula. We predicate this withdrawal on the fact that we have received significant adverse comments, specifically relating to the lack of public input on this issue. DATES: This withdrawal is effective September 27, 2006. ADDRESSES: You may submit comments electronically to Subsistence@fws.gov or via the Federal E-Rulemaking Portal at https://www.regulations.gov. See SUPPLEMENTARY INFORMATION for file format and other information about electronic filing. You may also submit written comments to the Office of Subsistence Management, 3601 C Street, Suite 1030, Anchorage, AK 99503. FOR FURTHER INFORMATION CONTACT: For general subsistence management program questions, contact Pete Probasco at (907) 786–3888. For Forest Service questions, contact Steve Kessler, Regional Subsistence Program Leader, USDA—FS Alaska Region, at (907) 786– 3592. SUPPLEMENTARY INFORMATION: Background In Title VIII of the Alaska National Interest Lands Conservation Act (ANILCA) (16 U.S.C. 3111–3126), Congress found that ‘‘the situation in Alaska is unique in that, in most cases, no practical alternative means are available to replace the food supplies and other items gathered from fish and wildlife which supply rural residents dependent on subsistence uses * * *’’ and that ‘‘continuation of the opportunity for subsistence uses of resources on public and other lands in Alaska is threatened * * *.’’ As a result, Title VIII requires, among other things, that the Secretary of the Interior and the Secretary of Agriculture (Secretaries) implement a joint program to grant a preference for subsistence uses of fish and wildlife resources on public lands in Alaska, unless the State of Alaska enacts and implements laws of general applicability that are consistent with ANILCA and that provide for the subsistence definition, preference, and participation specified in Sections 803, 804, and 805 of ANILCA. 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 E:\FR\FM\27SER1.SGM 27SER1 Federal Register / Vol. 71, No. 187 / Wednesday, September 27, 2006 / Rules and Regulations statute violated the Alaska Constitution. The Court’s ruling in McDowell required the State to delete the rural preference from its 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). sroberts on PROD1PC70 with RULES Federal Subsistence Regional Advisory Councils Pursuant to the Subsistence Management Regulations for Federal Public Lands in Alaska, April 6, 1992, and the Subsistence Management Regulations for Federal Public Lands in Alaska, 36 CFR 242.11 (2002) and 50 CFR 100.11 (2002), and for the purposes identified therein, we divided Alaska into 10 subsistence resource regions, each of which is represented by a Federal Subsistence Regional Advisory Council (Regional Council). The Regional Councils provide a forum for residents of the regions, who have personal knowledge of local conditions and resource requirements, to have a meaningful role in the subsistence management of fish and wildlife on Alaska public lands. The Regional Council members represent varied geographical, cultural, and user diversity within each region. Withdrawal of Direct Final Rule The Kenai Peninsula has unique fish and wildlife management challenges due to intense use of the Peninsula’s fish and wildlife by local and nonlocal residents and by nonresidents, and due to the recent Board actions to begin to provide a meaningful subsistence priority for fisheries in Federally managed fresh waters on the Kenai Peninsula. Kenai Peninsula lands primarily under Federal management include the Chugach National Forest and the Kenai National Wildlife Refuge. We published a direct final rule on August 14, 2006 (71 FR 46400), that would have created a separate subsistence resource region for the Kenai Peninsula because we viewed this action as an uncontroversial administrative action by the Federal Subsistence Board. That direct final rule would have become effective September 29, 2006, unless we received significant adverse comments. VerDate Aug<31>2005 16:20 Sep 26, 2006 Jkt 208001 During a Southcentral Federal Subsistence Regional Advisory Council meeting held in Anchorage, Alaska on August 24, 2006, we heard significant adverse testimony regarding the creation of a new Kenai Peninsula Subsistence Resource Region. Additionally, the Southcentral Regional Council unanimously recommended against the formation of such a region without providing more opportunity for public input. Letters from the public also strongly opposed the formation of such a region without providing more opportunity for public input. Therefore, we are withdrawing the direct final rule and will hold hearings in the affected area to obtain additional public input before deciding whether to proceed with the formation of a new subsistence resource region. In addition, on the same date that we published the direct final rule, we published a proposed rule (71 FR 46427) to create an additional subsistence resource region for the Kenai Peninsula. For the reasons stated above, the Federal Subsistence Board withdraws the direct final rule of August 14, 2006 (71 FR 46400). Dated: September 19, 2006. Peter J. Probasco, Acting Chair, Federal Subsistence Board. Dated: September 19, 2006. Steve Kessler, Subsistence Program Leader, USDA-Forest Service. [FR Doc. 06–8276 Filed 9–26–06; 8:45 am] BILLING CODE 3410–11–P; 4310–55–P NATIONAL ARCHIVES AND RECORDS ADMINISTRATION 36 CFR Parts 1253 and 1280 [Docket NARA–06–0007] RIN 3095–AB52 Changes in NARA Research Room Hours National Archives and Records Administration (NARA). ACTION: Final rule. AGENCY: SUMMARY: NARA is further modifying the research room hours at its facilities in the Washington, DC, area to retain, on a monthly basis, Saturday and some evening hours. We are taking this action in response to the many comments received on the interim final rule on this subject published in July. As noted in the previous rulemaking, NARA is reducing the research room hours as one of several measures the agency must take in Fiscal Year 2007 to ensure that our expenditures are in line with our PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 56357 expected resources. This regulation will affect individuals who use our archival research rooms in the National Archives Building and National Archives at College Park facility. DATES: Effective Date: This final rule is effective October 2, 2006. FOR FURTHER INFORMATION CONTACT: Nancy Allard at 301–837–1477 or Jennifer Davis Heaps at 301–837–1801 or via fax number 301–837–0319. SUPPLEMENTARY INFORMATION: NARA published an interim final rule with request for comments on July 25, 2006 (71 FR 42058). The interim rule specified changes to NARA research room hours at the National Archives Building in Washington, DC, and the National Archives at College Park, MD and a revision of the public hours for visiting the National Archives Experience and the Rotunda exhibits in the National Archives Building. We received more than 530 timely comments. In addition, approximately 70 individuals attended a public meeting on the rule on August 3, 2006, at which 24 individuals spoke. Virtually all of the responsive comments concerned the research room hours in our DC area facilities. In this final rule, we are further amending the interim final rule to specify that the research room hours at the National Archives Building and the National Archives at College Park will include, one week a month, evening hours from 5 p.m. to 8:45 p.m. on Thursday and Friday and Saturday hours from 8:45 a.m. to 4:45 p.m. This rule and the other provisions of the interim final rule published at 71 FR 42058 will go into effect on October 2, 2006. Summary of Public Comments Received The total number of comments received included submissions made through https://www.regulations.gov, individual letters that were mailed or faxed (or both) to NARA, letters forwarded from Congressional offices, and two petitions. Comments received on or before 11:59 p.m. on September 8, 2006, and those postmarked on or before September 8, were considered timely. Because of the time constraints in revising the rule before October 2, 2006, we were not able to consider late comments. Many comments expressed appreciation for the important role NARA plays in providing public access to records and offered suggestions for ways in which NARA might be able to retain some or all extended hours. We address the most frequently stated suggestions in the next sections of this E:\FR\FM\27SER1.SGM 27SER1

Agencies

[Federal Register Volume 71, Number 187 (Wednesday, September 27, 2006)]
[Rules and Regulations]
[Pages 56356-56357]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-8276]


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DEPARTMENT OF AGRICULTURE

Forest Service

36 CFR Part 242

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 100

RIN 1018-AU92


Subsistence Management Regulations for Public Lands in Alaska; 
Kenai Peninsula Subsistence Resource Region

AGENCIES: Forest Service, Agriculture; Fish and Wildlife Service, 
Interior.

ACTION: Direct final rule; withdrawal.

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SUMMARY: We, the Federal Subsistence Board, are withdrawing the direct 
final rule that would have amended the regulations governing 
subsistence use of fish and wildlife in Alaska by creating an 
additional subsistence resource region for the Kenai Peninsula. We 
predicate this withdrawal on the fact that we have received significant 
adverse comments, specifically relating to the lack of public input on 
this issue.

DATES: This withdrawal is effective September 27, 2006.

ADDRESSES: You may submit comments electronically to 
Subsistence@fws.gov or via the Federal E-Rulemaking Portal at https://
www.regulations.gov. See SUPPLEMENTARY INFORMATION for file format and 
other information about electronic filing. You may also submit written 
comments to the Office of Subsistence Management, 3601 C Street, Suite 
1030, Anchorage, AK 99503.

FOR FURTHER INFORMATION CONTACT: For general subsistence management 
program questions, contact Pete Probasco at (907) 786-3888. For Forest 
Service questions, contact Steve Kessler, Regional Subsistence Program 
Leader, USDA--FS Alaska Region, at (907) 786-3592.

SUPPLEMENTARY INFORMATION:

Background

    In Title VIII of the Alaska National Interest Lands Conservation 
Act (ANILCA) (16 U.S.C. 3111-3126), Congress found that ``the situation 
in Alaska is unique in that, in most cases, no practical alternative 
means are available to replace the food supplies and other items 
gathered from fish and wildlife which supply rural residents dependent 
on subsistence uses * * *'' and that ``continuation of the opportunity 
for subsistence uses of resources on public and other lands in Alaska 
is threatened * * *.'' As a result, Title VIII requires, among other 
things, that the Secretary of the Interior and the Secretary of 
Agriculture (Secretaries) implement a joint program to grant a 
preference for subsistence uses of fish and wildlife resources on 
public lands in Alaska, unless the State of Alaska enacts and 
implements laws of general applicability that are consistent with 
ANILCA and that provide for the subsistence definition, preference, and 
participation specified in Sections 803, 804, and 805 of ANILCA.
    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

[[Page 56357]]

statute violated the Alaska Constitution. The Court's ruling in 
McDowell required the State to delete the rural preference from its 
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).

Federal Subsistence Regional Advisory Councils

    Pursuant to the Subsistence Management Regulations for Federal 
Public Lands in Alaska, April 6, 1992, and the Subsistence Management 
Regulations for Federal Public Lands in Alaska, 36 CFR 242.11 (2002) 
and 50 CFR 100.11 (2002), and for the purposes identified therein, we 
divided Alaska into 10 subsistence resource regions, each of which is 
represented by a Federal Subsistence Regional Advisory Council 
(Regional Council). The Regional Councils provide a forum for residents 
of the regions, who have personal knowledge of local conditions and 
resource requirements, to have a meaningful role in the subsistence 
management of fish and wildlife on Alaska public lands. The Regional 
Council members represent varied geographical, cultural, and user 
diversity within each region.

Withdrawal of Direct Final Rule

    The Kenai Peninsula has unique fish and wildlife management 
challenges due to intense use of the Peninsula's fish and wildlife by 
local and nonlocal residents and by nonresidents, and due to the recent 
Board actions to begin to provide a meaningful subsistence priority for 
fisheries in Federally managed fresh waters on the Kenai Peninsula. 
Kenai Peninsula lands primarily under Federal management include the 
Chugach National Forest and the Kenai National Wildlife Refuge.
    We published a direct final rule on August 14, 2006 (71 FR 46400), 
that would have created a separate subsistence resource region for the 
Kenai Peninsula because we viewed this action as an uncontroversial 
administrative action by the Federal Subsistence Board. That direct 
final rule would have become effective September 29, 2006, unless we 
received significant adverse comments.
    During a Southcentral Federal Subsistence Regional Advisory Council 
meeting held in Anchorage, Alaska on August 24, 2006, we heard 
significant adverse testimony regarding the creation of a new Kenai 
Peninsula Subsistence Resource Region. Additionally, the Southcentral 
Regional Council unanimously recommended against the formation of such 
a region without providing more opportunity for public input. Letters 
from the public also strongly opposed the formation of such a region 
without providing more opportunity for public input. Therefore, we are 
withdrawing the direct final rule and will hold hearings in the 
affected area to obtain additional public input before deciding whether 
to proceed with the formation of a new subsistence resource region. In 
addition, on the same date that we published the direct final rule, we 
published a proposed rule (71 FR 46427) to create an additional 
subsistence resource region for the Kenai Peninsula.
    For the reasons stated above, the Federal Subsistence Board 
withdraws the direct final rule of August 14, 2006 (71 FR 46400).

    Dated: September 19, 2006.
Peter J. Probasco,
Acting Chair, Federal Subsistence Board.
    Dated: September 19, 2006.
Steve Kessler,
Subsistence Program Leader, USDA-Forest Service.
[FR Doc. 06-8276 Filed 9-26-06; 8:45 am]
BILLING CODE 3410-11-P; 4310-55-P

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