issue-1996-06-21•Federal Register proposed rules — 1996-06-21
Federal Register proposed rules — 1996-06-21
issue-1996-06-21Federal Register proposed rules — 1996-06-21Proposed Regulation
Published Federal Register documents, not public-inspection drafts. The GPO XML/text rendition is a research aid; the linked complete official PDF retains the printed layout and all graphics. Graphics are retained in that PDF and are not independently reproduced in this text rendition. Publication does not establish that every provision remains legally in force.
FR Doc. 96-15900 Depositaries and Financial Agents of the Federal Government
[Federal Register Volume 61, Number 121 (Friday, June 21, 1996)]
[Proposed Rules]
[Pages 31879-31881]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15900]
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DEPARTMENT OF THE TREASURY
Fiscal Service
31 CFR Part 202
RIN 1510-AA42
Depositaries and Financial Agents of the Federal Government
AGENCY: Financial Management Service, Fiscal Service, Treasury.
ACTION: Proposed rule.
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SUMMARY: This proposes to revise regulations which govern the
designation of Depositaries and Financial Agents of the Federal
Government (depositaries); their authorization to accept deposits of
public money and to perform other specific services; and the securing
of public money. The proposed revisions update, clarify, and simplify
current requirements, but do not change them. Outdated references to
specific acceptable insurers are deleted. Existing language concerning
the types and valuation of acceptable collateral securities and the
authorization for depositaries to perform services other than
acceptance of insured deposits is clarified. In addition, various
references are updated.
DATES: Comments must be submitted on or before August 5, 1996.
ADDRESSES: All comments concerning these proposed regulations should be
addressed to the Cash Management Policy and Planning Division,
Financial Management Service, 401 14th Street, S.W., Room 420,
Washington, DC 20227, Attn. Donald E. Clark.
FOR FURTHER INFORMATION CONTACT: Donald E. Clark, (202) 874-7106
(Financial Program Specialist, Cash Management Policy and Planning
Division) or Cynthia L. Johnson, (202) 874-6590 (Director, Cash
Management Policy and Planning Division).
SUPPLEMENTARY INFORMATION:
Background
Depositaries accepting deposits of public money and providing other
financial agency services to the United States are required to pledge
adequate acceptable securities as collateral, as directed by the
Secretary of the Treasury (Secretary). The Secretary previously
promulgated regulations, codified at 31 CFR part 202, setting forth the
general requirements for designating depositaries and the pledging of
collateral to secure public money held by depositaries.
Since these regulations were last amended, the Secretary has
revised the types and valuations of acceptable collateral for securing
public money referenced in this part. In addition, these regulations
reference the Federal Savings and Loan Insurance Corporation (FSLIC) as
an acceptable insurer of deposits. FSLIC has been abolished.
Summary of Changes
1. Types and Valuation of Acceptable Collateral Securities
The current rule provides that certain identified securities are
acceptable as collateral at face value, unless otherwise specified by
the Secretary. The Secretary has recognized that the use of face value
for managing the level of pledged collateral is problematic because the
true value of a security is rarely the face value, except on the day of
redemption. A common practice of the Federal Reserve bank and United
States Department of the Treasury when valuing collateral is to apply
market discounts, i.e., subtractions, to the value of the collateral to
account for market volatility due to interest rate fluctuations, the
quality of the security pledged, or the financial instability of the
pledging institution. Therefore, since this Part was last amended, the
Secretary has ``otherwise specified'' that certain securities,
including certain of those expressly referenced in the current rule,
are acceptable only at 90% of face value, rather than at 100% of face
value.
Because the Secretary has otherwise specified the types and
valuations of acceptable collateral securities, revision of this part
will eliminate any possible confusion regarding acceptable collateral
security types and valuation under this part. The proposed rule
provides that types and valuation of acceptable collateral securities
will be specified in Treasury procedural instructions. Treasury issued
these procedural instructions to Federal Reserve banks, which
disseminated them to financial institutions pledging collateral under
this Part.
2. Financial Institution Insurers
The current rule provides that eligible banks insured by the
Federal Deposit Insurance Corporation (FDIC) and eligible institutions
insured by FSLIC are designated as depositaries. The proposed rule
deletes references to FSLIC, which has been abolished, and
[[Page 31880]]
provides that eligible financial institutions insured by the FDIC are
designated as depositaries.
3. Authorities
The current rule includes as authorities 12 U.S.C. 1709(a) and 12
U.S.C. 1725(d). The proposed rule corrects a typographical error,
replacing 12 U.S.C. 1709(a) with 12 U.S.C. 1789a, and removes citations
to 12 U.S.C. 1725(d), as that statute has been repealed. In addition,
the proposed rule lists 12 U.S.C. 90 and 12 U.S.C. 391 as additional
applicable authorities. These authorities pertain to national banking
associations and Federal Reserve banks, respectively, as depositaries
when so designated by the Secretary.
4. Depositary Authorization to Perform Services Other than Acceptance
of Insured Deposits
The current rule provides that upon the request of a Federal
agency, the Secretary may authorize a depositary to perform services
(other than the acceptance of Federal or state insured deposits)
specifically requested by the agency, ``including'' various listed
services. The proposed rule deletes references to ``upon the request
of'' and ``specifically requested by'' a Government agency, and revises
the term ``including'' to read ``including, but not limited to'' in
order to clarify Treasury's longstanding interpretation of these
provisions.
5. Disposition of Principal and Interest Payments on Pledged Collateral
after a Depositary is Declared Insolvent
The current rule provides that in the event of a depositary's
insolvency or closure, or in the event of the appointment of certain
officers to terminate its business, the depositary agrees that all
principal and interest payments on any security pledged to protect
public monies due on or after the date of insolvency or closure shall
be held separate and apart from any other assets and be available to
satisfy any claim of the United States. The proposed rule clarifies
Treasury's longstanding interpretation that the term ``any claim of the
United States'' includes claims not arising out of the depositary
relationship for which the collateral was pledged.
6. Additional Administrative Revisions
The proposed rule makes certain administrative revisions necessary
to update existing regulatory language. These administrative revisions
include (1) notification that financial institutions may obtain forms
from Federal Reserve banks; (2) removal of the word ``every'' from
certain listed classes of financial institutions designated as
depositaries, for consistency reasons; (3) removal of references to
Treasury Tax and Loan depositaries governed by 31 CFR part 203
receiving deposits representing payments for certain United States
obligations, as such depositaries are no longer authorized to perform
these functions; (4) revision of references to a depositary's entering
into a ``contract of deposit'' with Treasury to read ``agreement of
deposit,'' in order to reaffirm Treasury's longstanding interpretation
that such agreements are not procurements; (5) updating the address for
Treasury's Financial Management Service; and (6) updating citations to
applicable equal employment opportunity statutes and regulations.
Rulemaking Analysis
Executive Order 12866
It has been determined that this regulation is not a significant
regulatory action as defined in Executive Order 12866. Therefore, a
Regulatory Assessment is not required.
Regulatory Flexibility Act
It is hereby certified pursuant to the Regulatory Flexibility Act
that this revision will not have a significant economic impact on a
substantial number of small business entities. This revision makes no
change to current procedures and only updates, clarifies, and
simplifies the current rule. Accordingly, a Regulatory Flexibility Act
analysis is not required.
Notice and Comment
Public comment is solicited on all aspects of this proposed
regulation. Treasury will consider all comments made on the substance
of this proposed regulation, but does not intend to hold hearings.
List of Subjects in 31 CFR Part 202
Banks, Banking.
For the reasons set out in the preamble, 31 CFR part 202 is
proposed to be amended as follows.
PART 202--DEPOSITARIES AND FINANCIAL AGENTS OF THE FEDERAL
GOVERNMENT
1. The authority citation for part 202 is revised, and the
authority citations at the end of the sections are removed, to read as
follows:
Authority: 12 U.S.C. 90; 12 U.S.C. 265-266; 12 U.S.C. 391; 12
U.S.C. 1464(k); 12 U.S.C. 1789a; 12 U.S.C. 3101-3102.
2. Section 202.1 is revised to read as follows:
Sec. 202.1 Scope of regulations.
The regulations in this part govern the designation of Depositaries
and Financial Agents of the Federal Government (hereinafter referred to
as depositaries), and their authorization to accept deposits of public
money and to perform other services as may be required of them. Public
money includes, but is not limited to, revenue and funds of the United
States, and any funds the deposit of which is subject to the control or
regulation of the United States or any of its officers, agents, or
employees. The designation and authorization of Treasury Tax and Loan
depositaries for the receipt of deposits representing Federal taxes are
governed by the regulations in part 203 of this chapter.
3. Section 202.2 is amended by revising paragraph (a)(1), removing
paragraph (a)(2), by redesignating paragraphs (a)(3) and (a)(4) as
(a)(2) and (a)(3), and by revising redesignated paragraphs (a)(2) and
(a)(3) to read as follows:
Sec. 202.2 Designations.
(a) * * *
(1) Financial institutions insured by the Federal Deposit Insurance
Corporation.
(2) Credit unions insured by the Administrator of the National
Credit Union Administration.
(3) Banks, savings banks, savings and loan, building and loan, and
homestead associations, credit unions created under the laws of any
State, the deposits or accounts of which are insured by a State or
agency thereof or by a corporation chartered by a State for the sole
purpose of insuring deposits or accounts of such financial
institutions, United States branches of foreign banking corporations
authorized by the State in which they are located to transact
commercial banking business, and Federal branches of foreign banking
corporations, the establishment of which has been approved by the
Comptroller of the Currency.
(b) * * *
4. Section 202.3 is amended by revising paragraphs (a), (b)(1)
introductory text, (b)(2), introductory text, and (b)(2)(i) to read as
follows:
Sec. 202.3 Authorization.
(a) To accept deposits covered by the appropriate Federal or State
insurer. Every depositary is authorized to accept a deposit of public
money in an official account, other than an account in the name of the
United States Treasury, in
[[Page 31881]]
which the maximum balance does not exceed the ``Recognized Insurance
Coverage.'' ``Recognized Insurance Coverage'' means the insurance
provided by the Federal Deposit Insurance Corporation, the National
Credit Union Share Insurance Fund, and by insurance organizations
specifically qualified by the Secretary of the Treasury.
(b) To perform other services. (1) The Secretary of the Treasury
may authorize a depositary to perform other services including, but not
limited to: * * *
(2) To obtain authorization to perform services, a depositary must:
(i) File with the Secretary of the Treasury an appropriate
agreement and resolution of its board of directors authorizing the
agreement (both on forms prescribed by the Financial Management Service
and available from Federal Reserve banks), and
* * * * *
5. Section 202.4 is amended by revising introductory text and
paragraphs (c), (d), and (e) to read as follows:
Sec. 202.4 Agreement of deposit.
A depositary which accepts a deposit under this part enters into an
agreement of deposit with the Treasury Department. The terms of this
agreement include:
* * * * *
(c) The provisions prescribed in Executive Order 11246, entitled
``Equal Employment Opportunity,'' as amended by Executive Orders 11375
and 12086, and regulations issued thereunder at 41 CFR Chapter 60, as
amended.
(d) The requirements of section 503 of the Rehabilitation Act of
1973, as amended, and the regulations issued thereunder at 41 CFR part
60-741, requiring Federal contractors to take affirmative action to
employ and advance in employment qualified individuals with
disabilities.
(e) The requirements of section 503 of the Vietnam Era Veterans'
Readjustment Assistance Act of 1972, as amended, 38 U.S.C. 4212,
Executive Order 11701, and the regulations issued thereunder at 41 CFR
parts 60-250 and 61-250, requiring Federal contractors to take
affirmative action to employ and advance in employment qualified
special disabled and Vietnam Era veterans.
6. Section 202.6 is amended by revising paragraphs (b) and (e)(1)
to read as follows:
Sec. 202.6 Collateral security.
* * * * *
(b) Acceptable security. Types and valuations of acceptable
collateral security will be specified by the Secretary of the Treasury
in Treasury procedural instructions.
* * * * *
(e) Disposition of principal and interest payments of the pledged
securities after a depositary is declared insolvent--(1) General. In
the event of the depositary's insolvency or closure, or in the event of
the appointment of a receiver, conservator, liquidator, or other
similar officer to terminate its business, the depositary agrees that
all principal and interest payments on any security pledged to protect
public monies due as of the date of the insolvency or closure, or
thereafter becoming due, shall be held separate and apart from any
other assets and shall constitute a part of the pledged security
available to satisfy any claim of the United States, including those
not arising out of the depositary relationship.
* * * * *
7. Section 202.7 is amended by revising paragraph (a) to read as
follows:
Sec. 202.7 Maintenance of balances within authorizations.
(a) Government agencies shall contact the Department of the
Treasury, Financial Management Service, before making deposits with a
financial institution insured by a State or agency thereof or by a
corporation chartered by a State for the sole purpose of insuring
deposits or accounts. The contact should be directed to the Cash
Management Policy and Planning Division, Federal Finance, Financial
Management Service, Department of the Treasury, Washington, DC 20227.
* * * * *
Dated: June 14, 1996.
Russell D. Morris,
Commissioner.
[FR Doc. 96-15900 Filed 6-20-96; 8:45 am]
BILLING CODE 4810-35-P
Complete official Federal Register PDF
FR Doc. 96-15885 Approval and Promulgation of Implementation Plans; Commonwealth of Puerto Rico
[Federal Register Volume 61, Number 121 (Friday, June 21, 1996)]
[Proposed Rules]
[Pages 31885-31888]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15885]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[Region II Docket No. 150, PR4-1, FRL-5523-9]
Approval and Promulgation of Implementation Plans; Commonwealth
of Puerto Rico
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing approval of revisions to the Puerto Rico
Regulations for the Control of Atmospheric Pollution, submitted to EPA
by the Puerto Rico Environmental Quality Board (EQB) on September 29,
1995. This action proposes approval of 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 Puerto Rico State Implementation Plan (SIP). EPA is
also announcing the withdrawal of Rules 411, 418, 419, 420 and 421 from
the Puerto Rico SIP at the request of the EQB. However, although
requested by the EQB, EPA is not withdrawing Rule 404 from the SIP. A
revision to Rule 423 was also submitted by the EQB on September 29,
1995, however, EPA determined the revision to Rule 423 to be
administratively incomplete and returned it to EQB and it, therefore,
is not included in this rulemaking.
DATES: Comments must be received on or before July 22, 1996.
ADDRESSES: All comments should be addressed to: William S. Baker,
Chief, Air Programs Branch, Environmental Protection Agency, Region II
Office, 290 Broadway, New York, New York 10007-1866.
Copies of the Commonwealth's submittal(s) are available at the
following addresses for inspection during normal business hours:
Environmental Protection Agency, Region II Office, Air Programs Branch,
290 Broadway, 20th Floor, New York, New York 10007-1866
Environmental Protection Agency, Region II Caribbean Field Office,
Centro Europa Building, Suite 417, 1492 Ponce de Leon Avenue, Stop 22,
Santurce, Puerto Rico 00909
Commonwealth of Puerto Rico, Environmental Quality Board, Banco
National Plaza, 8th Floor, 431 Ponce De Leon Avenue, Hato Rey, Puerto
Rico, 00917.
FOR FURTHER INFORMATION CONTACT: Kirk J. Wieber, Air Programs Branch,
Environmental Protection Agency, 290
[[Page 31886]]
Broadway, 20th Floor, New York, New York 10007-1866, (212) 637-4249.
SUPPLEMENTARY INFORMATION:
Background
On September 29, 1995, the Puerto Rico Environmental Quality Board
(EQB) submitted to EPA a request for approval of revisions to the
Puerto Rico Regulations for the Control of Atmospheric Pollution (the
Regulations). On February 5, 1996, EPA sent a letter to Hector Russe
Martinez, Chairman of the EQB, announcing EPA's determination that the
revisions to the Regulations, excluding those to Rule 423, are
administratively complete. Under the context of the Clean Air Act
(Act), the Commonwealth of Puerto Rico is regarded as a state. For the
purposes of discussing and analyzing Puerto Rico's State Implementation
Plan (SIP) submittal, EPA has broken it into the following elements: I)
revisions to the general Regulations, II) regulations needed to support
the Title V of the Act Operating Permits Program, III) Revisions to the
Puerto Rico PM10 SIP for the Municipality of Guaynabo, and, IV) a
request that certain rules of the Regulations which are currently
included as part of Puerto Rico's approved SIP be withdrawn from the
SIP, however, these regulations will remain enforceable by Puerto Rico.
Item V) addresses regulations concerning Hazardous Air Pollutants
(HAPs) which were approved pursuant to section 112(l) of the Act.
EPA is proposing approval of the revisions to the general
Regulations and the request made by EQB that certain rules be withdrawn
from the SIP. Generally the changes to the Regulations involve
administrative and grammatical changes which improve the clarity of the
rules. They do not change the emission limitations nor add significant
new requirements.
I. Revisions to the General Puerto Rico Regulations
Several of the revisions in this section consist of clarification
type changes such as revised dates, public law cites, word changes
(facility to source), renumbering of rules, etc. A summary of the
various revisions are given below. EPA generally feels that the
revisions improve the effectiveness of the Regulations and will have no
negative effect on maintaining the national health related standards.
A. Part I--General Provisions
1. Rule 102, ``Definitions'': There are approximately 30 new or
revised definitions in the revised Rule 102. The definitions are mainly
for SIP purposes, although, some clarify the Title V Operating Permit
Program contained in Part VI of the Regulations and the requirements
under section 112 of the Act.
2. Rule 106, ``Test Methods'' was revised to reference the
available EPA approved alternative test methods, new EPA test methods,
or methods previously not listed in the regulation by oversight. The
test methods specified are those found in 40 CFR Part 51 Appendix M; 40
CFR Part 60 Appendix A, B, and F; and 40 CFR Part 61 Appendix B, C, D
and E.
3. Rule 112, ``Compliance Determination/Certification'' was revised
to incorporate a range of compliance and certification options that are
available to the ``Board'' to ensure compliance with the provisions of
this regulation.
4. Other revisions to Part I of the Regulations, which include
revisions to Rules 105, 107, 109, 110, 111, 114, 117, and 121, are
clarification type changes which bring these rules up to date. None of
the revisions involve changing the stringency of these provisions.
EPA has thoroughly reviewed all of the revisions contained in Part
I of the Regulations and has determined them to meet EPA guidance and
requirements; therefore, EPA is proposing approval of these revised
rules.
B. Part II--Approval and Permit
1. Rule 203, ``Permit to Construct a Source'' was revised by
extending the period for which a permit shall automatically lapse or be
revoked if no construction has commenced or construction has been
suspended to three years (after the date of its issuance). This is
approvable provided EQB does not have Prevention of Significant
Deterioration of Air Quality (PSD) delegation. If EQB were to request
PSD delegation from EPA, the time for which a permit shall
automatically lapse or be revoked if no construction has commenced or
construction has been suspended should be reduced to 18 months.
2. Rule 206, ``Exemptions'' was revised to create a list of
insignificant activities for Title V purposes, in addition, these
activities are also exempt from Puerto Rico's permitting program. Rule
206 states that a location approval, construction permit or operating
permit is not required for sources listed in this rule as long as
potential emissions are below two tons per year (tpy) of a criteria
pollutant, five tpy of a combination of criteria pollutants, or two tpy
or the emission levels defined in Appendix E of the Regulations for HAP
emissions, whichever is lower.
3. Rule 211, ``Synthetic Minor Source Emission Certification'' is a
new rule added for Title V purposes which provides sources with a
federally enforceable mechanism to limit the potential to emit of
criteria pollutants, and to establish requirements for all sources that
maintain emissions below the Title V major source thresholds. Minor
sources (emitting 75% or less of major source threshold, excluding
sources subject to New Source Performance Standards (NSPS), National
Emission Standard for Hazardous Air Pollutants (NESHAPS), or Maximum
Achievable Control Technology (MACT) standards) must summarize in a
monthly log, maintained on site for five years, the following types of
information: all raw materials and other substances used, description
of equipment design and specifications, hours of operation, fuel type
and use, control effectiveness of equipment, etc. The minor source must
request coverage under this rule within twelve months of the effective
date of Rule 211 or by the application deadline under Puerto Rico's
Title V program, whichever is sooner. Such request must include a sworn
statement stating that emissions do not exceed the minor source levels,
and must identify the methods used to determine emissions (i.e., stack
test, monitoring). EQB may also request a performance test to verify
the emissions are below 75% of major source threshold. Upon receipt of
a complete request, the Board will issue a notification for coverage
for a fixed term of five years. The minor source must submit annual
process statements, including all information contained in the monthly
log. De minimis sources (sources which emit two tpy or less of a
regulated air pollutant except HAPs or five tpy or less of any
combination of regulated air pollutants excluding HAPs or an amount
equal to or less than the emission thresholds for HAPs listed in
Appendix E) only need to maintain records sufficient to determine
actual emissions on site for three years.
Intermediate sources (emissions are below major source threshold)
are required to have a federally enforceable operating permit by
January 1997. The limitations in the permit issued pursuant to Rule 204
must specify at a minimum: (a) technically accurate limitations and the
portions of the source subject to the limitations; (b) the time period
applicable to the limitation; (c) the method to determine compliance,
including appropriate monitoring, recordkeeping, and reporting; (d)
permanent and quantifiable limitations,
[[Page 31887]]
controls, and requirements; and (e) that the emission limitations,
controls, and other requirements imposed in the permit are at least as
stringent as any other applicable limitation contained in the SIP or
enforceable under the SIP. Rule 211 states that permits issued under
Rule 204 that do not meet the criteria for intermediate sources in Rule
211 are enforceable by EQB.
This rule also requires a 30 day public comment period prior to the
issuance of permits to intermediate sources. Because this rule meets
the five criteria outlined in the June 28, 1989 Federal Register (54 FR
27281), EPA is proposing approval of this mechanism for EQB to issue
federally enforceable operating permits. In addition, because EPA has
determined that the recordkeeping, reporting and certification
requirements for minor sources are enforceable and that the rule is
consistent with the January 25, 1995 Guidance on Potential to Emit, EPA
finds the mechanism for limiting the potential to emit for minor
sources to be approvable. Furthermore, Rule 211 states that violations
of Rule 211 may subject the source to major source requirements and to
enforcement actions.
4. Other revisions to Part II of the Regulations, which include
revisions to Rules 201, 204, 205, and 209, are clarification type
changes which bring these rules up to date.
EPA has thoroughly reviewed all of the revisions contained in Part
II of the Regulations and has determined them to meet EPA guidance and
requirements, therefore, EPA is proposing approval of these revised
rules.
C. Part III--Variance
1. Rule 301, ``Variance Authorized'' was revised by combining two
paragraphs into a more clearly written single paragraph. The paragraph
relates to the conditions which may be imposed by EQB on preliminary
approval of variances. Since this minor change does not deviate from
EPA guidance EPA is, therefore, proposing approval of revised Rule 301.
D. Part IV--Prohibitions
1. Rule 405, ``Incineration'' was revised to read more clearly and
also to bring the regulation up to date. The revisions reflect minor
changes to the applicability, maintenance, and compliance requirements.
2. Old Rule 422, ``Air Pollution Control Equipment,'' the
provisions of old Rule 422 were incorporated into Rule 108 ``Air
Pollution Control Equipment'' of the Regulations. Therefore, old Rule
422 was removed from the Regulations. The Commonwealth used this number
for a new Rule 422, ``Asbestos Containing Material Management.'' These
provisions of the new Rule 422 do not relate to the National Ambient
Air Quality Standards (NAAQS) emission reduction strategies and they
parallel other Federal laws which already regulate these matters. EPA
has determined that it is not appropriate for Rule 422 to be
incorporated into the federally approved SIP. Accordingly, the new Rule
422 is and will remain enforceable by Puerto Rico only.
3. Other revisions to Part IV of the Regulations, which include
revisions to Rules 401, 402, 403, 404, 406, 408, 409, 410, 412, 413,
414, and 417 are clarification type changes which bring these rules up
to date.
EPA has thoroughly reviewed all of the revisions contained in Part
IV of the Regulations and has determined them to meet EPA guidance and
requirements, therefore, EPA is proposing approval of these revised
rules. However, EPA has determined that it is not appropriate for Rule
422 to be incorporated into the federally approved SIP. In addition,
EPA cannot take action on the revisions to Rule 423, ``Limitations for
the Guaynabo PM10 Nonattainment Area'', in this rulemaking. Rule
423 is discussed later in more detail under section III--Revisions to
the Puerto Rico PM10 SIP for the Municipality of Guaynabo.
E. Part V--Fees
1. Rule 501, ``Permit Fees'' was revised based on clarification
type changes and merely to bring this rule up to date. The revisions
reflect changes to the price, applicability, and validity of permits
issued by EQB.
EPA has thoroughly reviewed all of the revisions contained in Part
V of the Regulations and has determined them to meet EPA guidance and
requirements, therefore, EPA is proposing approval of revised Rule 501.
II. Regulations Needed to Support the Title V of the Clean Air Act
Operating Permits Program
Although revisions to Part VI, ``Operating Permits Rules for Title
V Sources'' of the Puerto Rico Regulations were submitted to EPA as
part of the September 29, 1995 submittal, on February 26, 1996, EPA
fully approved the Operating Permits Program submitted by Puerto Rico
(See 60 FR 7073). However, while EPA has approved Puerto Rico's program
it is EPA's policy not to include it as part of the federally approved
SIP.
III. Revisions to the Puerto Rico PM10 SIP for the
Municipality of Guaynabo
Also submitted as part of the September 29, 1995 SIP revision
submittal were revisions to Rule 423 ``Limitations for the Guaynabo
PM10 Nonattainment Area'' of the Puerto Rico Regulations. Although
not identified by Puerto Rico in the September 29, 1995 SIP submittal,
EPA considers these revisions as a SIP revision to the Puerto Rico
PM10 SIP for the Municipality of Guaynabo. In a May 31, 1995
Federal Register notice (60 FR 28333), EPA approved Rule 423 as part of
the Puerto Rico PM10 SIP for the Municipality of Guaynabo.
In a February 5, 1996 letter to Hector Russe Martinez, Chairman of
the EQB, EPA determined that revised Rule 423 is administratively
incomplete and returned it to the Commonwealth of Puerto Rico.
Therefore, Rule 423 is not included in this rulemaking.
In addition, included in Puerto Rico's September 29, 1995 SIP
revision submittal EQB requested that EPA withdraw Rule 404 ``Fugitive
Emissions'' from the Puerto Rico SIP. However, Rule 404 was submitted
on November 15, 1993 to EPA as part of the Puerto Rico PM10 SIP
for the Municipality of Guaynabo and approved by EPA on May 31, 1995
(60 FR 28333). EQB demonstrated in the PM10 SIP that Rule 404 was
needed to attain and maintain the PM10 NAAQS. EQB's September 29,
1995 request to withdraw Rule 404 did not include technical support or
a demonstration that Rule 404 is no longer needed to attain and
maintain the PM10 NAAQS. Therefore, EPA is not withdrawing Rule
404 from the SIP.
IV. Request that Certain Rules of the Regulations be Withdrawn From
the Puerto Rico SIP
EQB requested in their September 29, 1995 SIP submittal, that
certain rules currently included in the federally approved Puerto Rico
SIP be withdrawn from the SIP since these rules are not a part of
Puerto Rico's strategy to achieve and maintain compliance with the
NAAQS. The rules requested to be withdrawn include Rule 404 ``Fugitive
Emissions'', Rule 411 ``Hydrogen Sulfide'', Rule 418 ``Waste Gas
Disposal'', Rule 419 ``Volatile Organic Compounds'', Rule 420
``Objectionable Odors'', and, Rule 421 ``Increments Of Progress.'' Rule
424 ``Roof Surface Coating'' is an entirely new regulation which EQB
provided for information but is not to be part of the SIP. Rule 424
will be enforced by Puerto Rico. EPA agrees that all the above rules
except
[[Page 31888]]
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
Complete official Federal Register PDF
FR Doc. 96-15880 Notice of Intent to Form an Advisory Committee for the Industrial Combustion Coordinated Rulemaking and Request for Nomination of Candidates
[Federal Register Volume 61, Number 121 (Friday, June 21, 1996)]
[Proposed Rules]
[Pages 31883-31885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15880]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Chapter I
[AD-FRL-5523-6]
Notice of Intent to Form an Advisory Committee for the Industrial
Combustion Coordinated Rulemaking and Request for Nomination of
Candidates
AGENCY: U.S. Environmental Protection Agency (EPA).
ACTION: Intent to Form Industrial Combustion Coordinated Rulemaking
Advisory Committee and request for nomination of candidates.
-----------------------------------------------------------------------
SUMMARY: The EPA is planning to establish an Industrial Combustion
Coordinating Rulemaking (ICCR) Advisory Committee under the Federal
Advisory Committee Act (FACA). The purpose of this Federal Advisory
Committee (hereafter referred to as ``Coordinating Committee'') is to
advise and assist the EPA in coordinating the development of
regulations to control emissions of air pollutants from industrial,
commercial, and institutional combustion of fuels and non-hazardous
solid wastes.
The EPA is also requesting nominations for candidates for
[[Page 31884]]
membership on both the Coordinating Committee as well as several Work
Groups. The Work Groups will work in concert with the Coordinating
Committee to develop recommendations and provide advice to the EPA. The
membership of both the Coordinating Committee and the Work Groups will
include a balanced representation of interested persons with personal
and professional qualifications and experience to contribute to the
functions of the Coordinating Committee and the Work Groups. The EPA
will hold a public meeting to discuss the ICCR and answer any questions
on the nomination process.
DATES: A public meeting will be held on July 24, 1996. Submit
nominations of candidates no later than August 20, 1996. Any interested
person or organization may submit the names and information on the
qualifications of persons who are interested in serving on the
Coordinating Committee or a Work Group.
ADDRESSES: Inspection of Documents: Docket. A document entitled
``Industrial Combustion Coordinated Rulemaking: Proposed Organizational
Structure and Process'' (the ICCR document) which describes the ICCR
Project and contains an example nomination form is available for public
inspection at EPA Air Docket No. A-96-17 and is also available on the
Technology Transfer Network (TTN) (see below). The docket is open for
public inspection and copying between 8:00 a.m. and 4:00 p.m., Monday
through Friday, except for Federal holidays, at the following address:
U.S. Environmental Protection Agency, Air and Radiation Docket and
Information Center (6102), 401 M Street SW, Washington, DC 20460;
telephone: (202) 260-7548. The docket is located at the above address
in Room M-1500, Waterside Mall (ground floor). A reasonable fee may be
charged for copying.
Technology Transfer Network. The ICCR document and other relevant
materials are available electronically on the TTN. Choose the ``ICCR-
Industrial Combustion Coordinated Rulemaking Process'' selection from
the Technical Information Areas menu. The TTN is one of the EPA's
electronic bulletin boards and provides information and technology
exchange in various areas of air pollution control. The service is free
except for the cost of a phone call. Dial (919) 541-5472 for up to a
14,400 bits-per-second (bps) modem. The TTN is also accessible through
the Internet at ``TELNET ttnbbs.rtpnc.epa.gov.'' If more information on
the TTN is needed, call the help desk at (919) 541-5384. The help desk
is staffed from 11:00 a.m. to 5:00 p.m., Eastern time. The help desk
utilizes a voice menu system at other times.
ADDRESSES: The public meeting will be held at the Sheraton City Center,
Washington, D.C. Submit nominations for candidates to: U.S.
Environmental Protection Agency, Air and Radiation Docket and
Information Center (6102), Attention: Docket Number A-96-17, Room M-
1500, 401 M Street SW, Washington, DC 20460, and to Ms. Amanda Agnew,
Combustion Group (MD-13), U.S. Environmental Protection Agency,
Research Triangle Park, North Carolina 27711. Nominations may also be
submitted to Ms. Agnew electronically through the TTN.
FOR FURTHER INFORMATION CONTACT: Mr. Fred Porter, Combustion Group (MD-
13), U.S. Environmental Protection Agency, Research Triangle Park,
North Carolina 27711, phone number (919) 541-5251; Mr. Sims Roy, phone
number (919) 541-5263; Ms. Agnew, phone number (919) 541-5268; or Mr.
Jim Eddinger, phone number (919) 541-5426, all at the same address.
SUPPLEMENTARY INFORMATION:
Scope of ICCR Project
Seven categories of Industrial-Commercial-Institutional (ICI)
combustion sources (industrial boilers, commercial-institutional
boilers, process heaters, industrial-commercial solid waste
incinerators, other solid waste incinerators, stationary gas turbines,
and stationary internal combustion [IC] engines) are listed for
regulatory development under section 112 (national emission standards
for hazardous air pollutants [NESHAP]) or section 129 (solid waste
combustion) of the Clean Air Act (the Act). The Act requires the EPA to
develop these regulations by the year 2000. Furthermore, existing
section 111 (new source performance standards [NSPS]) regulations
affecting some of these source categories are periodically reviewed and
may be developed or revised as part of this project. These seven
combustion source categories encompass thousands of combustion units at
a wide range of industries, institutions, and businesses.
An Industrial Combustion Coordinated Rulemaking that addresses the
seven combustion source categories at the same time will result in more
consistent regulations with greater environmental benefits at a lower
cost than regulating each source category individually. It will avoid
the potential for conflicting or duplicative regulations for the
various combustion sources. Furthermore, by involving knowledgeable
stakeholders in the regulatory development process, the scientific
basis for the regulations will be improved. The major advantages of the
ICCR are that stakeholders will have substantial input in a very direct
way into the final regulations, and that they will be allowed to
leverage resources by working in concert with other groups in gathering
information, analyzing alternatives, and recommending actions. The goal
of the ICCR is to develop a unified set of Federal air emissions
regulations that will result in maximum gains to the environment at
reasonable cost to ICI sources and, ultimately, to the public.
Organization Structure
In order to realize the potential of the ICCR, all interested
stakeholders must play a key role in all phases of regulatory
development. The proposed organizational structure consists of Source
Work Groups working in concert with a Coordinating Committee to make
recommendations directly to the EPA decision makers. Members must be
chosen for the Coordinating Committee and the various Source Work
Groups.
It is expected that there will be five Source Work Groups to
represent all seven source categories, and two Work Groups to address
issues that cut across all source categories; however, this proposed
structure may be refined by the Coordinating Committee. The Source Work
Groups are the focus of regulatory development activities for each
source category. The five Source Work Groups are for boilers, process
heaters, stationary gas turbines, stationary IC engines, and waste
incineration. The boilers Work Group combines two of the source
categories (industrial boilers with commercial/institutional boilers)
and the Waste Incinerators Work Group combines two of the source
categories (industrial/commercial incinerators with other solid waste
incinerators) into one Work Group. The function of the Source Work
Groups is to carry out information collection and analyses, identify
regulatory alternatives, assess the impacts of the regulatory
alternatives, and make preliminary recommendations for their source
category. The Testing and Monitoring Protocol Work Group and the
Economic Analysis Work Group are responsible for dealing with the named
issues as they relate to all source categories. These Work Groups will
provide support and assistance to all of the Source Work Groups. The
EPA will select recommended members from nominations and place these
recommendations before the
[[Page 31885]]
Coordinating Committee, who will choose the members of the Work Groups.
The Coordinating Committee will be chartered under the FACA and
will serve the role of planning and coordinating the regulatory
development process. The committee will communicate with the Source
Work Groups to ensure general consistency and thoroughness of data
analyses and preliminary regulatory recommendations. The Coordinating
Committee will consider and discuss the regulatory recommendations made
by the Source Work Groups and present final recommendations to the EPA
management. The Source Work Groups and Coordinating Committee will
strive for consensus, but if consensus is not reached, the Coordinating
Committee will present majority and minority recommendations to the EPA
management. The FACA requires that the Coordinating Committee members
be chosen by the EPA Administrator.
Criteria for Work Group and Coordinating Committee Membership
Source Work Group members should meet the following criteria:
represent an affected party and, preferably, be able to represent the
interests of other affected parties; commit to spending a significant
amount of their time (perhaps 20 to 25 percent) over a multiple year
period; and possess insight, understanding, and technical knowledge of
the source category. It is preferable that Source Work Group members
also have regulatory process experience. Source Work Groups should
include representatives of sources affected by the rule, State/local
regulatory agencies, environmental groups, and the EPA. Criteria for
membership in the testing and monitoring protocol and economic analyses
work groups are similar, but also require expertise in the named
technical areas.
Criteria for membership on the Coordinating Committee includes the
ability to: represent an affected party; be able to represent the
interests of other affected parties; communicate with other affected
parties; commit a significant amount of their time (perhaps 20 to 25
percent) over a multi-year period; and have substantive experience with
the EPA air programs regulatory process (particularly NSPS or NESHAP
regulatory development). The Coordinating Committee should be made up
of representatives of the following: environmental, public health, and
environmental justice groups; State/local regulatory agencies; affected
sources; manufacturers of combustion, emission control, and emission
monitoring/testing equipment; fuel producers and suppliers; labor; and
the EPA.
Nomination Process
Nominations are being solicited for members of the Coordinating
Committee as well as members of the Work Groups. The nominations must
indicate whether the nomination is for one of the Work Groups or for
the Coordinating Committee. Each nomination must discuss and explain
how the nominee meets or satisfies the membership criteria discussed
above. A brief resume and several current references should be
included. The ICCR document includes an example nomination form. It is
recommended that this form be used in order to assure that the
nomination includes all of the necessary information.
Before submitting a nomination, individuals or organizations should
obtain and thoroughly read the ICCR document. This document is
available on the TTN or may be obtained by calling or writing the Air
and Radiation Docket and Information Center. See Inspection of
Documents section for more details.
Public Information
The EPA plans to accomplish several tasks at a public meeting to be
held in July. The ICCR project will be discussed in general, and
information will be provided on how to follow the progress of this
rulemaking. The EPA also plans to describe the roles and membership
criteria for the various Work Groups and the Coordinating Committee,
along with an explanation of the nomination process. The EPA will try
to answer any questions raised by the public on any of these processes.
There will also be a satellite video presentation to discuss the
ICCR at 190 sites across the United States. This video presentation
will serve to educate the public on the same topics to be covered at
the public meeting. Viewers of the satellite presentation will also
have the opportunity to have their questions answered by the EPA. This
video presentation will be shown at the public meeting.
Dated: June 14, 1996.
Mary D. Nichols,
Assistant Administrator For Air and Radiation.
[FR Doc. 96-15880 Filed 6-20-96; 8:45 am]
BILLING CODE 6560-50-P
Complete official Federal Register PDF
FR Doc. 96-15837 Petition for Rulemaking; University of Cincinnati
[Federal Register Volume 61, Number 121 (Friday, June 21, 1996)]
[Proposed Rules]
[Pages 31874-31875]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15837]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 61, No. 121 / Friday, June 21, 1996 /
Proposed Rules
[[Page 31874]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 20
[Docket No. PRM-20-24]
Petition for Rulemaking; University of Cincinnati
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice of receipt of petition for rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Nuclear Regulatory Commission (NRC) is docketing, as a
petition for rulemaking, a document dated April 7, 1996, and filed with
the Commission by the University of Cincinnati. The petition was
assigned Docket No. PRM-20-24 on April 15, 1996. The petitioner
requests that the Commission amend its regulations to authorize
specified visitors of radiation patients, as members of the public, to
receive up to 500 mrem per year. In this document, the NRC is
announcing the receipt of the petition and requesting public comment on
the suggested amendment.
DATES: Submit comments by September 4, 1996.
Comments received after this date will be considered if it is
practical to do so. However, assurance of consideration cannot be given
except as to comments received on or before this date.
ADDRESSES: Submit comments to the Nuclear Regulatory Commission,
Attention: Docketing and Service Branch, Office of the Secretary,
Washington, DC 20555-001. For a copy of the petition, write to the
Rules Review Section, Rules Review and Directives Branch, Division of
Freedom of Information and Publications Services, Office of
Administration, U.S. Nuclear Regulatory Commission, Washington, DC
20555.
Deliver comments to 11555 Rockville Pike, Rockville, Maryland,
between 7:30 a.m. and 4:15 p.m. on Federal workdays.
For information on submitting comments electronically, see
``Electronic Access'' under the Supplementary Information section of
this notice.
FOR FURTHER INFORMATION CONTACT: Michael T. Lesar, Chief, Rules Review
Section, at the same address as above or by telephone, 301-415-7163, or
toll free, 1-800-368-5642, or E-mail, [email protected]
SUPPLEMENTARY INFORMATION:
Background
In Sec. 20.1301(a)(1), each licensee is required to conduct
operations so that the total effective radiation dose limit for members
of the public does not exceed 0.1 rem (1 millisievert) in a year. The
dose equivalent must be exclusive of the dose contributions from
background radiation, any medical administration the individual has
received, voluntary participation in medical research programs, and the
licensee's disposal of radioactive material into sanitary sewerage in
accordance with Sec. 20.2003. The current regulations state in
Sec. 20.1301(c) that a licensee or license applicant may apply for
prior NRC authorization to operate up to an annual dose limit for an
individual member of the public of 0.5 rem (5 mSv).
Petitioner's Request
The petitioner states that, as recommended in a report from the
National Committee on Radiation Protection (NCRP 91), the proposed
amendment would permit a small population of the general public to be
infrequently exposed to an annual exposure limit of 500 mrem total
effective dose equivalent. The petitioner presents the following
specific recommendations concerning the requested amendment:
1. The individuals to whom the 500 mrem annual limit applies
would be specified visitors of radiation therapy patients
hospitalized under 10 CFR 35.75 or specified visitors of radiation
therapy patients receiving temporary brachytherapy implants under 10
CFR 35.400.
2. The dose limit is not requested for all visitors of all
radiation therapy patients hospitalized under 10 CFR 35.75 or
receiving a temporary implant under 10 CFR 35.400. The dose limit
would apply only to specified visitors determined by the physician
to be necessary for the emotional and/or physical support of the
patient (e.g., parents of children, elderly patients who need
support from a familiar individual, etc.).
3. The specified visitors would be limited to adult (18 or
older) non-pregnant individuals who are members of the family or are
individuals with a significant personal relationship to the patient.
4. The specified visitors would be instructed by the licensee or
authorized user to maintain their exposure as low as reasonable
achievable (ALARA). The instruction would emphasize the radiation
safety precautions of time, distance and shielding.
5. The dose limit would apply only to dose received while the
patient is hospitalized under 10 CFR 35.75 and/or receiving a
temporary brachytherapy implant under 10 CFR 35.400. A personnel
monitor (pocket dosimeter, film badge, TLD or electronic dosimeter)
would document compliance.
The Petitioner's Proposed Amendment
The petitioner proposes that Sec. 20.1301 be amended to permit
specified visitors of radiation patients to be exposed to an exposure
limit of 500 mrem total effective dose per year.
Electronic Access
Comments may be submitted electronically, in either ASCII text or
WordPerfect format (version 5.1 or later), by calling the NRC
Electronic Bulletin Board (BBS) on FedWorld. The bulletin board may be
accessed using a personal computer, a modem, and one of the commonly
available communications software packages, or directly via Internet.
Background documents on this petition also are available for
downloading and viewing on the bulletin board.
If using a personal computer and modem, the NRC rulemaking
subsystem on FedWorld can be accessed directly by dialing the toll-free
number 800 303-9672. Set communication software parameters as follows:
parity to none, data bits to 8, and stop bits to 1 (N,8,1). Using the
ANSI or VT-100 terminal emulation, the NRC rulemaking subsystem can
then be accessed by selecting the ``rules menu'' option from the ``NRC
main menu.'' Users will find the ``FedWorld On-line User's Guides''
particularly helpful. Many NRC subsystems and data bases also have a
``Help/Information Center'' option that is tailored to the particular
subsystem.
The NRC subsystem on FedWorld also can be accessed by a direct-dial
telephone number for the main FedWorld BBS, (703)321-3339, or by using
Telnet via Internet: fedworld.gov. If using (703)321-3339 to contact
FedWorld, the NRC subsystem will be
[[Page 31875]]
accessed from the FedWorld main menu by selecting the ``Regulatory,
Government Administration and State Systems,'' then selecting
``Regulatory Information Mall.'' At that point, a menu will be
displayed that has an option ``U.S. Nuclear Regulatory Commission''
that will take you to the NRC on-line main menu. The NRC on-line area
also can be accessed directly by typing ``/go nrc'' at a FedWorld
command line. If NRC is accessed from FedWorld's main menu, the user
may return to FedWorld by selecting the ``Return to FedWorld'' option
from the NRC on-line main menu. However, if NRC at FedWorld is accessed
by using NRC's toll-free number, the user will have full access to all
NRC systems but not to the main FedWorld system.
If FedWorld is contacted using Telnet, the user will see the NRC
area and menus, including the rules menu. Although the user will be
able to download documents and leave messages, he or she will not be
able to write comments or upload files (comments). If FedWorld is
contacted using File Transfer Program (FTP), all files can be accessed
and downloaded but uploading files is not allowed--the user will see
only a list of files without descriptions (normal gopher look). An
index file is available that lists all files within a subdirectory,
with descriptions of those files. There is a 15-minute time limit for
FTP access.
Although FedWorld also can be accessed through the Worldwide Web,
like FTP, that mode only provides access for downloading files and does
not display the NRC rules menu.
For more information on NRC bulletin boards call Mr. Arthur Davis,
Systems Integration and Development Branch, NRC, Washington, DC 20555-
0001, telephone (301)415-5780; E-mail AXD[email protected].
Single copies of this petition may be obtained by written request
or telefax ((301)415-5144) from the Rules Review Section, Rules Review
and Directives Branch, Division of Freedom of Information and
Publications Services, Office of Administration, Mail Stop T6-D59, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001. Certain
documents related to this petition, including comments received, may be
examined at the NRC Public Document Room, 2120 L Street NW. (Lower
Level), Washington, DC. These same documents also may be viewed and
downloaded electronically via the Electronic Bulletin Board established
by NRC for this petition as indicated above.
Dated at Rockville, MD., the 17th day of June, 1996.
For the Nuclear Regulatory Commission.
John C. Hoyle,
Secretary of the Commission.
[FR Doc. 96-15837 Filed 6-20-96; 8:45 am]
BILLING CODE 7590-01-P
Complete official Federal Register PDF
FR Doc. 96-15681 Drawbridge Operation Regulations; Passaic River, NJ
[Federal Register Volume 61, Number 121 (Friday, June 21, 1996)]
[Proposed Rules]
[Pages 31881-31883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15681]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD01-95-171]
RIN 2115-AE47
Drawbridge Operation Regulations; Passaic River, NJ
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing a change to the regulations
governing the Routes 1 & 9 (Lincoln Highway) Bridge, mile 1.8, the
Point-No-Point Railroad Bridge, mile 2.6, both in Newark, New Jersey,
and the Route 7 (Rutgers Street) Bridge, mile 8.9, in Belleville, New
Jersey which cross the Passaic River. The proposal would provide
openings on signal if at least four hours notice is given. This change
was requested by the Consolidated Rail Corporation (CONRAIL) and New
Jersey Department of Transportation (NJDOT) because of the limited
openings of these bridges. This action should relieve the bridge owners
of the burden of having personnel constantly available to open the
bridges and should provide for the reasonable needs of navigation.
Other changes are proposed that would remove redundant requirements
that are included in Part 117, general operating regulations, provide
maximum allowable time delays for specific railroad bridge openings,
remove unnecessary language, and reorder the paragraphs for clarity and
consistency.
DATES: Comments must be received on or before August 20, 1996.
ADDRESSES: Comments may be mailed to Commander (obr), First Coast Guard
District, Building 135A, Governors Island, New York, 10004-5073, or may
be hand-delivered to the same address between 6:30 a.m. and 3 p.m.,
Monday through Friday, except federal holidays. The telephone number is
(212) 668-7170. The comments will become part of this docket and will
be available for inspection and copying by appointment at the above
address.
FOR FURTHER INFORMATION CONTACT:
Gary Kassof, Bridge Program Manager, First Coast Guard District, (212)
668-7069.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in
this rulemaking by submitting written views, comments, data, or
arguments. Persons submitting comments should include their names and
addresses, identify this rulemaking (CGD01-95-171), the specific
section of this proposal to which each comment applies, and give
reasons for each comment. The Coast Guard requests that all comments
and attachments be submitted in an unbound format no longer than 8\1/
2\'' by 11'', suitable for copying and electronic filing. If that is
not practical, a second copy of any bound material is requested.
Persons desiring acknowledgment that their comments have been received
should enclose a stamped, self-addressed post card or envelope.
The Coast Guard will consider all comments received during the
comment
[[Page 31882]]
period, and may change this proposal in light of comments received. The
Coast Guard plans no public hearing. Persons may request a public
hearing by writing to Commander (obr), First Coast Guard District at
the address listed under ADDRESSES. The request should include reasons
why a hearing would be beneficial. If the Coast Guard determines that
the opportunity for oral presentations will aid this rulemaking, the
Coast Guard will hold a public hearing at a time and place announced by
a later notice in the Federal Register.
Background and Purpose
The Routes 1 & 9 (Lincoln Highway), Point-No-Point Railroad, and
Route 7 (Rutgers Street) Bridges have respective vertical clearances,
when in the closed position, of 40', 16', and 8' above mean high water
(MHW) and 45', 30', and 21', above mean low water (MLW). All three
bridges are presently required to open on signal. The proposed
regulations would permit these bridges to open on signal if at least
four hours notice is given.
Due to the closure of the River Oil Terminal in August, 1992,
requests for openings of bridges across Passaic River have decreased.
For the years 1992, 1993, and 1994, the Routes 1 & 9 (Lincoln Highway)
Bridge opened 95, 35 and 29 times, respectively, for vessel transits;
the Point-No-Point Bridge opened 243, 145 and 124 times; the Route 7
(Rutgers Street) Bridge opened 129, 161 and 169 times. These
regulations are being proposed to provide CONRAIL and NJDOT relief from
having an operator in constant attendance at the bridges since there is
limited demand for bridge openings.
Discussion of Proposed Amendments
The Coast Guard proposes to amend 33 CFR 117.739 to require a four
hour advance notice for openings of the Routes 1 & 9 (Lincoln Highway)
Bridge, mile 1.8; Point-No-Point Railroad Bridge, mile 2.6; and Route 7
(Rutgers Street) Bridge, mile 8.9. Redundant requirements that are
included in Part 117, general operating regulations, would be deleted.
Maximum allowable time delays in railroad bridge openings would be
added to appropriate paragraphs. Finally, 33 CFR 117.739 would be
revised to remove unnecessary language and the paragraphs would be
reordered for clarity and consistency.
The Coast Guard proposes to amend Sec. 117.739 by adding new
paragraphs (b), (c), and (j) requiring a four hour advance notice for
openings be given for the Routes 1 & 9 (Lincoln Highway), Point-No-
Point Railroad, and Route 7 (Rutgers Street) Bridges, respectively.
Requests for openings of these three bridges have been markedly reduced
since 1991.
The Coast Guard proposes to amend Sec. 117.739(a)(1) to delete the
requirement to allow public vessels to pass without delay. The
regulatory requirements for operating in emergency situations are
provided in 33 CFR 117.31.
The Coast Guard proposes to delete the requirements in
Sec. 117.739(a)(3) which control trains and locomotives and the maximum
allowable time delay in providing openings. The explanation of the
train interlock system (block method) is described in 33 CFR 117.9.
Paragraphs (c), (e), (h), and (j) of Sec. 117.739 are proposed to be
amended by including maximum allowable opening delays of ten minutes.
The Coast Guard proposes to revise Sec. 117.739 by redesignating
paragraphs (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (l), and
(m), as (d), (e), (f), (g), (h), (i), (k), (l), (m), (n), (0), and (p),
respectively. Text modifications to be consistent with other proposed
changes would be made in these paragraphs, as appropriate.
Regulatory Evaluation
This proposal is not a significant regulatory action under section
3(f) of Executive Order 12866 and does not require an assessment of
potential costs and benefits under section 6(a)(3) of that order. It
has not been reviewed by the Office of Management and Budget under that
order. It is not significant under the regulatory policies and
procedures of the Department of Transportation (DOT) (44 FR 11040;
February 26, 1979). The Coast Guard expects the economic impact of this
proposal to be so minimal that a full Regulatory Evaluation under
paragraph 10e of the regulatory policies and procedures of DOT is
unnecessary. The proposed regulations would not prevent mariners from
passing through the Routes 1 & 9, the Point-No-Point Railroad, and the
Route 7 bridges, but would require giving four hours advance notice of
arrival. Currently, two facilities in Newark, New Jersey, National
Fuels and W.A. Steamlines, receive some of their product by barge.
During the winter months, National Fuels occasionally receives heating
oil crude by barge in anticipation of demand for home heating fuel.
Similarly, W.A. Steamlines sometimes has gasoline delivered by barge to
increase its reserves in the winter months. Since these deliveries are
scheduled well in advance, the proposed advance notice requirement will
have minimal impact on these facilities. Small marinas located along
the Passaic River provide dockage for less than 100 recreational
vessels, many transiting the drawbridges without requiring openings.
Considering the recreational nature of these trips, an advance notice
requirement will have minimal economic impact on recreational boating
facilities and recreational boaters.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this proposal, if adopted, will have
a significant economic impact on a substantial number of small
entities. ``Small entities'' include independently owned and operated
small businesses that are not dominant in their fields and that
otherwise qualify as ``small business concerns'' under section 3 of the
Small Business Act (15 U.S.C. 632). Because of the reasons discussed in
the Regulatory Evaluation above, the Coast Guard finds that this rule
will not have a significant economic impact on a substantial number of
small entities. If however, you think that your business or
organization qualifies as a small entity and that this rule will have a
significant economic impact on your business or organization, please
submit a comment (See ADDRESSES) explaining why you think it qualifies
and in what way and to what degree this rule will economically affect
it.
Collection of Information
This rule contains no collection of information requirements under
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this proposal in accordance with the
principles and criteria contained in Executive Order 12612 and it has
determined that this proposed regulation does not have sufficient
federalism implications to warrant preparation of a Federalism
Assessment.
Environment
The Coast Guard considered the environmental impact of this
proposal and concluded that, under section 2.B.2.e.(32)(e) of
Commandant Instruction M16475.1B (as revised by 59 FR 38654, July 29,
1994), this proposal is categorically excluded from further
environmental documentation since it is a proposed operating regulation
for drawbridges.
List of Subjects in 33 CFR Part 117
Bridges.
[[Page 31883]]
Proposed Regulations
For the reasons set out in the preamble, the Coast Guard proposes
to amend 33 CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
1. The authority citation for Part 117 continues to read as
follows:
Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 CFR 1.05-1(g); section
117.255 also issued under the authority of Pub. L. 102-587, 106
Stat. 5039.
2. Section 117.739 is revised to read as follows:
Sec. 117.739 Passaic River.
(a) The following requirements apply to all bridges across the
Passaic River:
(1) The owners of these bridges shall provide, and keep in good
legible condition, clearance gauges with figures not less than twelve
(12) inches high designed, installed and maintained according to the
provisions of section 118.160 of this chapter.
(2) New Jersey Transit Rail Operations' (NJTRO) roving crews shall
consist of two qualified operators, on each shift, each having a
vehicle which is equipped with marine and railroad radios, a cellular
telephone, and emergency bridge repair and maintenance tools. This crew
shall be split with one drawtender stationed at the Upper Hack and the
other drawtender at the HX (Jacknife) drawbridge on the Hackensack
River. ``Adequate security measures'' shall be provided to prevent
vandalism to the bridge operating controls and mechanisms to insure
prompt openings of NJTRO bridges.
(b) The draw of the Routes 1 & 9 (Lincoln Highway) Bridge, mile
1.8, at Newark, shall open on signal if at least four hours notice is
given.
(c) The draw of CONRAIL's Point-No-Point Railroad Bridge, mile 2.6,
at Newark, shall open on signal if at least four hours notice is given
to the CONRAIL Movement Desk. After the signal to open is given, the
opening may be delayed no more than ten minutes.
(d) The draw of the Jackson Street Bridge, mile 4.6, at Harrison,
shall open on signal; except that notice must be given before 2:30 a.m.
for openings between 3 a.m. and 8:30 a.m. and before 2:30 p.m. for
openings between 4:30 p.m. and 7 p.m.
(e) The draw of Amtrak's Dock Bridge, mile 5.0, at Harrison, shall
open on signal; except that from 7:20 a.m. to 9:20 a.m. and 4:30 p.m.
to 6:50 p.m., Monday through Friday except federal holidays, the draw
need not be opened. At all other times, an opening may be delayed no
more than ten minutes, unless the drawtender and the vessel operator,
communicating by radiotelephone, agree to a longer delay.
(f) The draw of the Bridge Street Bridge, mile 5.6, at Harrison,
shall open on signal; except that notice must be given before 2:30 a.m.
for openings between 3 a.m. and 8:30 a.m. and before 2:30 p.m. for
openings between 4:30 p.m. and 7 p.m.
(g) Phd draw of the NJTRO Newark-Harrison (Morristown Line) Bridge,
mile 5.8, at Harrison, New Jersey shall open on signal if at least one
hour advance notice is given to the drawtender at Upper Hack bridge
mile 6.9, across the Hackensack River at Secaucus, NJ. In the event the
HX drawtender is at the Lower Hack bridge, mile 3.4 on the Hackensack
River, at Jersey City then up to an additional half hour delay in
opening is permitted. After the signal to open is given, the opening
may be delayed no more than ten minutes. From 7:15 a.m. to 9 a.m. and
from 4:30 p.m. to 6:50 p.m., Monday through Friday except federal
holidays, the draw need not open.
(h) The draw of the Route 280 (Stickel Memorial) Bridge, mile 5.8,
at Harrison, shall open on signal if at least eight hours notice is
given. In an emergency, the draw shall open as soon as possible but not
more than two hours after the opening request.
(i) The draw of the Clay Street Bridge, mile 6.0, at Harrison,
shall open on signal; except that notice must be given before 2:30 a.m.
for openings between 3 a.m. and 8:30 a.m. and before 2:30 p.m. for
openings between 4:30 p.m. and 7 p.m.
(j) The draw of the Route 7 (Rutgers Street) Bridge, mile 6.9, at
Belleville, shall open on signal if at least four hours notice is
given.
(k) The draw of the NJTRO (West Arlington) Bridge, mile 8.0, at
Kearney, shall open on signal from 7 a.m. to 11 p.m. if at least eight
hours notice is given. After the signal to open is given, the opening
may be delayed no more than ten minutes. From 11 p.m. to 7 a.m., the
draw need not be opened.
(l) The draw of the Avondale Bridge, mile 10.7, at Lyndhurst, shall
open on signal; except that notice must be given before 2:30 a.m. for
openings between 3 a.m. and 8:30 a.m. and before 2:30 p.m. for openings
between 4:30 p.m. and 7 p.m.
(m) The draw of the NJTRO Bridge, mile 11.7, at Lyndhurst, shall
open on signal from 8 a.m. to 4 p.m. if at least six hours notice is
given. After the signal to open is given, the opening may be delayed no
more than ten minutes. From 4 p.m. to 8 a.m., the draw need not be
opened.
(n) The draw of the Route 3 Bridge, mile 11.8, at Rutherford, shall
open on signal if at least six hours notice is given.
(o) The draw of the Douglas O. Mead (Union Avenue) Bridge, mile
13.2, at Rutherford, shall open on signal; except that:
(1) From 4 p.m. to 8 a.m., the draw shall open if at least eight
hours notice is given; and
(2) On Christmas and New Year's Day, the draw shall open if notice
is given prior to 4 p.m. today prior.
(p) The draw of the following bridges need not be opened for the
passage of vessels:
(1) Gregory Avenue Bridge, mile 14.0, at Wallington.
(2) Second Street Bridge, mile 14.7, at Wallington.
(3) West Eighth Street Bridge, mile 15.3, at Garfield.
Dated: May 28, 1996.
J.L. Linnon,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 96-15681 Filed 6-20-96; 8:45 am]
BILLING CODE 4910-14-M
Complete official Federal Register PDF
FR Doc. 96-15598 Release of Information
[Federal Register Volume 61, Number 121 (Friday, June 21, 1996)]
[Proposed Rules]
[Pages 32258-32261]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15598]
[[Page 32257]]
_______________________________________________________________________
Part IV
Department of Justice
_______________________________________________________________________
Bureau of Prisons
_______________________________________________________________________
28 CFR Part 513
Release of Information; Proposed Rule
Federal Register / Vol. 61, No. 121 / Friday, June 21, 1996 /
Proposed Rules
[[Page 32258]]
DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Part 513
[BOP-1015-P]
RIN 1120-AA06
Release of Information
AGENCY: Bureau of Prisons, Justice.
ACTION: Proposed rule and withdrawal of prior proposed rule.
-----------------------------------------------------------------------
SUMMARY: In this document, the Bureau of Prisons (``Bureau'') is
withdrawing a prior proposed rule and publishing a new proposed rule on
release of information. The rule is intended to consolidate procedures
for the release of requested records in the possession of the Bureau.
The rule has been developed to help ensure the Bureau is in compliance
with the statutory requirements of the Freedom of Information Act (5
U.S.C. 552) and the Privacy Act (5 U.S.C. 552a), and to supplement
Department of Justice regulations implementing those statutes (28 CFR
part 16).
DATES: Comments must be submitted by August 20, 1996.
ADDRESSES: Send comments to the Office of General Counsel, Bureau of
Prisons, Room 754, 320 First Street, NW., Washington, D. C. 20534.
Comments received by the closing date will be available for examination
by interested persons at the above address.
FOR FURTHER INFORMATION CONTACT: Roy M. Nanovic, Office of General
Counsel, Bureau of Prisons, Telephone (202) 514-6655.
SUPPLEMENTARY INFORMATION: Pursuant to the rulemaking authority vested
in the Attorney General in 5 U.S.C. 552(a) and delegated to the
Director of the Bureau of Prisons in 28 CFR 0.96(p), notice is given
that the Bureau of Prisons intends to publish in the Federal Register
its proposed rule on Release of Information. A proposed rule on this
subject was published in the Federal Register on March 17, 1989 (at 54
FR 11326). That proposed rule is withdrawn and comments received in
response to that rulemaking will not be considered when finalizing this
new proposed rule.
Interested persons may participate in this proposed rulemaking by
submitting data, views, or arguments in writing to the Bureau of
Prisons, Room 754, 320 First Street, NW., Washington, D.C. 20534.
Comments received during the comment period will be considered before
final action is taken. The proposed rule may be changed in light of the
comments received. No oral hearings are contemplated.
The Bureau of Prisons has determined that this rule is not a
significant regulatory action for the purpose of Executive Order 12866
and accordingly, this rule was not reviewed by the Office of Management
and Budget. After review of the law and regulations, the Director of
the Bureau of Prisons has certified that this rule, for the purpose of
the Regulatory Flexibility Act (Pub. L. 96-354), does not have a
significant impact on a substantial number of small entities.
List of Subjects in 28 CFR Part 513
Archives and records, Freedom of information, Prisoners, Privacy.
Kathleen M. Hawk,
Director, Bureau of Prisons.
In consideration of the foregoing, it is proposed to amend 28 CFR,
Chapter V, Subchapter A as follows:
SUBCHAPTER A--GENERAL MANAGEMENT AND ADMINISTRATION
PART 513--ACCESS TO RECORDS
1. The authority citation for 28 CFR part 513 is revised to read as
follows:
Authority: 5 U.S.C. 301, 552, 552a; 13 U.S.C. Ch. 1 et seq.; 18
U.S.C. 3621, 3622, 3624, 4001, 4042, 4081, 4082 (Repealed in part as
to conduct occurring on or after November 1, 1987), 5006-5024
(Repealed October 12, 1984 as to conduct occurring after that date),
5039; 28 U.S.C. 509, 510; 31 U.S.C. 3711(f); 5 CFR part 297; 28 CFR
0.95-0.99 and parts 16 and 301.
2. Subpart D, consisting of Secs. 513.30 through 513.68, is added
to read as follows:
Subpart D--Release of Information
General Provisions and Procedures
Sec.
513.30 Purpose and scope.
513.31 Limitations.
513.32 Guidelines for disclosure.
513.33 Production of records in court.
513.34 Protection of individual privacy--disclosure of records to
third parties.
513.35 Accounting/nonaccounting of disclosures to third parties.
513.36 Government contractors.
Inmate Requests to Institution for Information
513.40 Inmate access to Inmate Central File.
513.41 Inmate access to Inmate Central File in connection with
parole hearings.
513.42 Inmate access to medical records.
513.43 Fees for copies of Inmate Central File and medical records.
Privacy Act Requests for Information
513.50 Privacy Act requests by inmates.
Freedom of Information Act Requests for Information
513.60 Freedom of Information Act requests.
513.61 Freedom of Information Act requests by inmates.
513.62 Freedom of Information Act requests by former inmates.
513.63 Freedom of Information Act requests on behalf of an inmate
or former inmate.
513.64 Acknowledgement of Freedom of Information Act requests.
513.65 Review of documents for Freedom of Information Act requests.
513.66 Denials and appeals of Freedom of Information Act requests.
513.67 Fees for Freedom of Information Act requests.
513.68 Time limits for responses to Freedom of Information Act
requests.
Subpart D--Release of Information
General Provisions and Procedures
Sec. 513.30 Purpose and scope.
This subpart establishes procedures for the release of requested
records in possession of the Federal Bureau of Prisons (``Bureau''). It
is intended to implement provisions of the Freedom of Information Act
(FOIA), 5 U.S.C. 552, and the Privacy Act, 5 U.S.C. 552a, and to
supplement Department of Justice (DOJ) regulations concerning the
production or disclosure of records or information, 28 CFR part 16.
Sec. 513.31 Limitations.
(a) Social Security Numbers. As of September 27, 1975, Social
Security Numbers may not be used in their entirety as a method of
identification for any Bureau record system, unless such use is
authorized by statute or by regulation adopted prior to January 1,
1975.
(b) Employee records. Access and amendment of employee personnel
records under the Privacy Act are governed by Office of Personnel
Management regulations published in 5 CFR part 297 and by Department of
Justice regulations published in 28 CFR part 16.
Sec. 513.32 Guidelines for disclosure.
The Bureau provides for the disclosure of agency information
pursuant to applicable laws, e.g. the Freedom of Information Act (5
U.S.C. 552), and the Privacy Act (5 U.S.C. 552a).
Sec. 513.33 Production of records in court.
Bureau records are often sought by subpoena, court order, or other
court demand, in connection with court proceedings. The Attorney
General has directed that these records may not be produced in court
without the approval of the Attorney General or his or her
[[Page 32259]]
designee. The guidelines are set forth in 28 CFR part 16, subpart B.
Sec. 513.34 Protection of individual privacy--disclosure of records to
third parties.
(a) Information that concerns an individual and is contained in a
system of records maintained by the Bureau shall not be disclosed to
any person, or to another agency except under the provisions of the
Privacy Act, 5 U.S.C. 552a, or the Freedom of Information Act, 5 U.S.C.
552.
(b) Lists of Bureau inmates shall not be disclosed.
Sec. 513.35 Accounting/nonaccounting of disclosures to third parties.
Accounting/nonaccounting of disclosures to third parties shall be
made in accordance with Department of Justice regulations contained in
28 CFR 16.52.
Sec. 513.36 Government contractors.
(a) No Bureau component may contract for the operation of a record
system by or on behalf of the Bureau without the express written
approval of the Director or the Director's designee.
(b) Any contract which is approved shall contain the standard
contract requirements promulgated by the General Services
Administration (GSA) to ensure compliance with the requirements imposed
by the Privacy Act. The contracting component shall have the
responsibility to ensure that the contractor complies with the contract
requirements relating to privacy.
Inmate Requests to Institution for Information
Sec. 513.40 Inmate access to Inmate Central File.
Inmates are encouraged to use the simple access procedures
described in this section to review disclosable records maintained in
his or her Inmate Central File, rather than the FOIA procedures
described in Secs. 513.60 through 513.68. Disclosable records in the
Inmate Central File include, but are not limited to, documents relating
to the inmate's sentence, detainer, participation in Bureau programs
such as the Inmate Financial Responsibility Program, classification
data, parole information, mail, visits, property, conduct, work,
release processing, and general correspondence. This information is
available without filing a FOIA request. If any information is withheld
from the inmate, staff will provide the inmate with a general
description of that information and also will notify the inmate that he
or she may file a formal FOIA request.
(a) Inmate review of his or her Inmate Central File. An inmate may
at any time request to review all disclosable portions of his or her
Inmate Central File by submitting a request to a staff member
designated by the Warden. Staff are to acknowledge the request and
schedule the inmate, as promptly as is practical, for a review of the
file at a time which will not disrupt institution operations.
(b) Procedures for inmate review of his or her Inmate Central File.
(1) Prior to the inmate's review of the file, staff are to remove the
Inmate Privacy Folder which contains documents withheld from disclosure
pursuant to Sec. 513.32.
(2) During the file review, the inmate is to be under direct and
constant supervision by staff. The staff member monitoring the review
shall enter the date of the inmate's file review on the Inmate Activity
Record and initial the entry. Staff shall also ask the inmate to
initial the entry, and if the inmate refuses to do so, shall enter a
notation to that effect.
(3) Staff shall advise the inmate if there are documents withheld
from disclosure and, if so, shall advise the inmate of the inmate's
right under the provisions of Sec. 513.61 to make a FOIA request for
the withheld documents.
Sec. 513.41 Inmate access to Inmate Central File in connection with
parole hearings.
A parole-eligible inmate (an inmate who is currently serving a
sentence for an offense committed prior to November 1, 1987) may review
disclosable portions of the Inmate Central File prior to the inmate's
parole hearing, under the general procedures set forth in Sec. 513.40.
In addition, the following guidelines apply:
(a) A parole-eligible inmate may request to review his or her
Inmate Central File by submitting the appropriate Parole Commission
form. This form shall ordinarily be available to each eligible inmate
within five work days after a list of eligible inmates is prepared.
(b) Bureau staff ordinarily shall schedule an eligible inmate for a
requested Inmate Central File review within seven work days of the
request after the inmate has been scheduled for a parole hearing. A
reasonable extension of time is permitted for documents which have been
provided (prior to the inmate's request) to originating agencies for
clearance, or which are otherwise not available at the institution.
(c) A report received from another agency which is determined to be
nondisclosable (see Sec. 513.40 (b)) will be summarized by that agency,
in accordance with Parole Commission regulations. Bureau staff shall
place the summary in the appropriate disclosable section of the Inmate
Central File. The original report (or portion which is summarized in
another document) will be placed in the portion of the Inmate Privacy
File for Joint Use by the Bureau and the Parole Commission.
(d) Bureau documents which are determined to be nondisclosable to
the inmate will be summarized for the inmate's use. A copy of the
summary will be placed in the disclosable section of the Inmate Central
File. The document from which the summary is taken will be placed in
the Joint Use Section of the Inmate Privacy Folder. Nondisclosable
documents not summarized for the inmate's use are not available to the
Parole Commission and are placed in a nondisclosable section of the
Inmate Central File.
(e) When no response regarding disclosure has been received from an
originating agency in time for inmate review prior to the parole
hearing, Bureau staff are to inform the Parole Commission Hearing
Examiner.
Sec. 513.42 Inmate access to medical records.
(a) Except for the limitations of paragraphs (c) and (d) of this
section, an inmate may review records from his or her medical file
(including dental records) by submitting a request to a staff member
designated by the Warden.
(b) Laboratory Reports which contain only scientific testing
results and which contain no staff evaluation or opinion (such as
Standard Form 514A, Urinalysis) are ordinarily disclosable. Lab results
of HIV testing may be reviewed by the inmate. However, an inmate may
not retain a copy of his or her test results while the inmate is
confined in a Bureau facility or a Community Corrections Center. A copy
of an inmate's HIV test results may be forwarded to a third party
outside the institution and chosen by the inmate, provided that the
inmate gives written authorization for the disclosure.
(c) Medical records containing subjective evaluations and opinions
of medical staff relating to the inmate's care and treatment will be
provided to the inmate only after the staff review required by
paragraph (d) of this section. These records include, but are not
limited to, outpatient notes, consultation reports, narrative summaries
or reports by a specialist, operative reports by the physician,
summaries by specialists as the result of laboratory analysis, or in-
patient progress reports.
(d) Prior to release to the inmate, records described in paragraph
(c) of
[[Page 32260]]
this section shall be reviewed by staff to determine if the release of
this information would present a harm to either the inmate or other
individuals. Any records determined not to present a harm will be
released to the inmate at the conclusion of the review by staff. If any
records are determined by staff not to be releasable based upon the
presence of harm, the inmate will be so advised in writing and provided
the address of the agency component to which the inmate may address a
formal request for the withheld records. An accounting of any medical
records will be maintained in the inmate's medical file.
Sec. 513.43 Fees for copies of Inmate Central File and medical
records.
Within a reasonable time after a request, Bureau staff are to
provide an inmate personal copies of requested disclosable documents
maintained in the Inmate Central File and Medical Record. Fees for the
copies are to be calculated in accordance with 28 CFR 16.10.
Privacy Act Requests for Information
Sec. 513.50 Privacy Act requests by inmates.
Because inmate records are exempt from disclosure under the Privacy
Act, (see 28 CFR 16.97) inmate requests for records under the Privacy
Act will be processed in accordance with the FOIA. See Secs. 513.61
through 513.68.
Freedom of Information Act Requests for Information
Sec. 513.60 Freedom of Information Act requests.
Requests for any Bureau record (including Program Statements and
Operations Memoranda) ordinarily shall be processed pursuant to the
Freedom of Information Act, 5 U.S.C. 552. Such a request must be made
in writing and addressed to the Director, Federal Bureau of Prisons,
320 First Street, NW., Washington, D.C. 20534. The requester shall
clearly mark on the face of the letter and the envelope ``FREEDOM OF
INFORMATION REQUEST,'' and shall clearly describe the records sought.
See Secs. 513.61 through 513.63 for additional requirements.
Sec. 513.61 Freedom of Information Act requests by inmates.
(a) Inmates are encouraged to use the simple access procedures
described in Sec. 513.40 to review disclosable records maintained in
his or her Inmate Central File.
(b) An inmate may make a request for access to documents in his or
her Inmate Central File or Medical File (including documents which have
been withheld from disclosure during the inmate's review of his or her
Inmate Central File pursuant to Sec. 513.40) and/or other documents
concerning the inmate which are not contained in the Inmate Central
File or Medical File. Staff shall process such a request pursuant to
the applicable provisions of the Freedom of Information Act, 5 U.S.C.
552.
(c) The inmate requester shall clearly mark on the face of the
letter and on the envelope ``FREEDOM OF INFORMATION ACT REQUEST'', and
shall clearly describe the records sought, including the approximate
dates covered by the record. An inmate making such a request must
provide his or her full name, current address, date and place of birth.
In addition, if the inmate requests documents to be sent to a third
party, the inmate must provide with the request an example of his or
her signature, which must be verified and dated within three (3) months
of the date of the request.
Sec. 513.62 Freedom of Information Act requests by former inmates.
Former federal inmates may request copies of their Bureau records
by writing to the Director, Federal Bureau of Prisons, 320 First
Street, NW., Washington, D.C. 20534. Such requests shall be processed
pursuant to the provisions of the Freedom of Information Act. The
request must be clearly marked on the face of the letter and on the
envelope ``FREEDOM OF INFORMATION ACT REQUEST'', and must describe the
record sought, including the approximate dates covered by the record. A
former inmate making such a request must provide his or her full name,
current address, date and place of birth. In addition, the requester
must provide with the request an example of his or her signature, which
must be either notarized or sworn under penalty of perjury, and dated
within three (3) months of the date of the request.
Sec. 513.63 Freedom of Information requests on behalf of an inmate or
former inmate.
A request for records concerning an inmate or former inmate made by
an authorized representative of that inmate or former inmate will be
treated as in Sec. 513.61, on receipt of the inmate's or former
inmate's written authorization. This authorization must be dated within
three (3) months of the date of the request letter. Identification
data, as listed in 28 CFR 16.41, must be provided.
Sec. 513.64 Acknowledgement of Freedom of Information Act requests.
(a) All requests for records under the Freedom of Information Act
received by the FOI/PA Administrator, Office of General Counsel, will
be reviewed and may be forwarded to the appropriate Regional Office for
proper handling. Requests for records located at a Bureau facility
other than the Central Office or Regional Office may be referred to the
appropriate staff at that facility for proper handling.
(b) The requester shall be notified of the status of his or her
request by the office with final responsibility for processing the
request.
Sec. 513.65 Review of documents for Freedom of Information Act
requests.
If a document is deemed to contain information exempt from
disclosure, any reasonably segregable portion of the record shall be
provided to the requester after deletion of the exempt portions. If
documents, or portions of documents, in an Inmate Central File have
been determined to be nondisclosable by institution staff but are later
released by Regional or Central Office staff pursuant to a request
under this section, appropriate instructions will be given to the
institution to move those documents, or portions, from the Inmate
Privacy Folder into the disclosable section of the Inmate Central File.
Sec. 513.66 Denials and appeals of Freedom of Information Act
requests.
If a request made pursuant to the Freedom of Information Act is
denied in whole or in part, a denial letter must be issued and signed
by the Director or his or her designee, and shall state the basis for
denial under Sec. 513.32. The requester who has been denied such access
shall be advised that he or she may appeal that decision to the Office
of Information and Privacy, U.S. Department of Justice, Suite 570, Flag
Building, Washington, D.C. 20530. Both the envelope and the letter of
appeal itself should be clearly marked: ``Freedom of Information Act
Appeal.''
[[Page 32261]]
Sec. 513.67 Fees for Freedom of Information Act requests.
Fees for copies of records disclosed under the FOIA, including fees
for a requester's own records, may be charged in accordance with
Department of Justice regulations contained in 28 CFR 16.10.
Sec. 513.68 Time limits for responses to Freedom of Information Act
requests.
Consistent with sound administrative practice and the provisions of
28 CFR 16.1, the Bureau strives to comply with the time limits set
forth in the Freedom of Information Act. These time limits begin when
the request is received at the Central Office.
[FR Doc. 96-15598 Filed 6-20-96; 8:45 am]
BILLING CODE 4410-05-P
Complete official Federal Register PDF
FR Doc. 96-15501 Appeals From Administrative Actions
[Federal Register Volume 61, Number 121 (Friday, June 21, 1996)]
[Proposed Rules]
[Pages 31875-31879]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15501]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
25 CFR Part 2
RIN 1076-AD50
Appeals From Administrative Actions
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Indian Affairs is proposing to amend its
regulations on appeals. We are proposing this amendment as part of the
President's National Performance Review regulatory reform initiative.
The proposal will enhance its usability by clarifying the language.
DATES: Comments must be received on or before September 19, 1996.
ADDRESSES: Mail comments to Deborah Maddox, Director of the Office of
Tribal Services, Bureau of Indian Affairs, 1849 C Street, NW, MS 4603-
MIB, Washington, D.C. 20240. Comments may be hand delivered to the same
address from 9:00 a.m. to 4:00 p.m. Monday through Friday.
FOR FURTHER INFORMATION CONTACT: Deborah Maddox, Office of Tribal
Services at 202-208-3463.
SUPPLEMENTARY INFORMATION: The authority to issue rules and regulations
is vested in the Secretary of the Interior by 5 U.S.C. Sec. 301 and
sections 463 and 465 of the Revised Statutes, 25 U.S.C. Secs. 2 and 9.
The proposed rule has been written to facilitate its use by the general
public, tribes, and individual Indians affected by the rule. No
substantive revisions are proposed in this rule.
Public Participation Statement
Publication of the proposed rule by the Department of the Interior
(Department) provides the public an opportunity to participate in the
rulemaking process. Interested persons may submit written comments
regarding the proposed rule to the location identified in the
``addresses'' section of this document.
Executive Order 12778
The Department has certified to the Office of Management and Budget
(OMB) that these proposed regulations meet the applicable standards
provided in sections 2(a) and 2(b)(2) of Executive Order 12778.
Executive Order 12866
This proposed rule is not a significant regulatory action under
Executive Order 12866 and has not been reviewed by the Office of
Management and Budget.
Regulatory Flexibility Act
This proposed rule will not have a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.).
Executive Order 12630
The Department has determined that this proposed rule does not have
``significant takings'' implications. The proposed rule does not
pertain to ``taking'' of private property interests, nor does it impact
private property.
Executive Order 12612
The Department has determined that this proposed rule does not have
significant federalism effects because it pertains solely to Federal-
tribal relations and will not interfere with the roles, rights and
responsibilities of states.
NEPA Statement
The Department has determined that this proposed rule does not
constitute a major Federal action significantly affecting the quality
of the human environment and that no detailed statement is required
under the National Environmental Policy Act of 1969.
Unfunded Mandates Act of 1995
This rule imposes no unfunded mandates on any governmental or
private entity and is in compliance with the provisions of the Unfunded
Mandates Act of 1995.
Paperwork Reduction Act of 1995
This rule has been examined under the Paperwork Reduction Act of
1995 and has been found to contain no information collection
requirements.
Drafting Information
The primary author of this document is Kimberly Toyekoyah, Bureau
of Indian Affairs, Department of the Interior.
List of Subjects in 25 CFR Part 2
Indians-law, Indians--administrative practice and procedure,
Indians--administrative appeals.
For the reasons given in the preamble, part 2 of title 25, chapter
I of the Code of Federal Regulations is proposed to be revised as set
forth below.
[[Page 31876]]
PART 2--APPEALS FROM ADMINISTRATIVE ACTIONS
Sec.
2.1 Information collection.
2.2 Definitions.
2.3 Applicability.
2.4 Who will decide my appeal?
2.5 What can I do if the appeal causes delays and financial losses?
2.6 When is an administrative decision final?
2.7 How will I know an administrative decision has been made?
2.8 What may I do if an official fails to act?
2.9 How do I appeal an administrative decision?
2.10 What documents must I file other than a notice of appeal?
2.11 If someone else files an appeal that affects my interest, may
I respond to the appeal?
2.12 How do I serve appeal documents?
2.13 How do I file an appeal document?
2.14 Who is responsible for keeping record addresses up to date?
2.15 How are periods of time computed?
2.16 May the time period for filing or serving a document be
extended?
2.17 Can an appeal be dismissed before it is reviewed?
2.18 Can appeals be consolidated?
2.19 How do Area Directors and Education Line Officers render
decisions?
2.20 Can the Assistant Secretary--Indian Affairs render a decision
after I have filed an appeal with the Interior Board of Indian
Appeals?
2.21 What information may the reviewing official consider?
Authority: 5 U.S.C. 301; 25 U.S.C. 2, 9.
Sec. 2.1 Information collection.
In accordance with Office of Management and Budget regulations in 5
CFR 1320.4, approval of information collections contained in this
regulation is not required.
Sec. 2.2 Definitions.
Administrative decision means a decision or action made by an
official of the Bureau of Indian Affairs.
Appeal means a written request for review of an action or the
inaction of an official of the Bureau of Indian Affairs that is claimed
to adversely affect the interested party making the request.
Appellant means any interested party who files an appeal under this
part.
Commissioner of Indian Affairs means the Commissioner of Indian
Affairs or the Deputy Commissioner of Indian Affairs.
Interested party means any person whose interests could be
adversely affected by a decision in an appeal.
Legal holiday means a Federal holiday as designated by the
President or Congress of the United States.
Must means a mandatory or imperative act or requirement.
Notice of appeal means the written document sent to the official
designated in this part, indicating that a decision is being appealed
(see Sec. 2.9).
Person includes any Indian or non-Indian individual, corporation,
tribe or other organization.
Statement of reasons means a written document submitted by the
appellant explaining why the decision being appealed is in error (see
Sec. 2.10).
Sec. 2.3 Applicability.
(a) Except as provided in paragraph (b) of this section, this part
applies to all appeals from decisions made by officials of the Bureau
of Indian Affairs by persons who may be adversely affected by these
decisions.
(b) This part does not apply if any other regulation or Federal
statute provides a different administrative appeal procedure applicable
to a specific type of decision.
Sec. 2.4 Who will decide my appeal?
(a) An Area Director, if the subject of appeal is a decision by a
person under the authority of that Area Director.
(b) An Area Director, an Education Line Officer, a President of a
Post-Secondary School, or the Director, Office of Indian Education
Programs if the appeal is from a decision of an Office of Indian
Education programs official under his/her jurisdiction.
(c) The Assistant Secretary--Indian Affairs under the provisions of
Sec. 2.20.
(d) The Commissioner of Indian Affairs under the provisions of
Sec. 2.20(c).
(e) The Interior Board of Indian Appeals, under the provisions of
43 CFR part 4, subpart D, if the appeal is from a decision made by an
Area Director or the Commissioner of Indian Affairs.
Sec. 2.5 What can I do if the appeal causes delays and financial
losses?
(a) If you believe that you may suffer a measurable and substantial
financial loss as a direct result of the delay caused by an appeal
filed by someone else, you may request that the official before whom
the appeal is pending require the appellant to post a reasonable bond
adequate to protect against that financial loss.
(b) If you request a bond, you are responsible for proving the
likelihood that you may suffer a measurable and substantial financial
loss as a direct result of the delay caused by the appeal.
(c) The official before whom an appeal is pending may require the
posting of a bond on his or her own initiative, if the official
determines that a bond is necessary to protect the financial interests
of an Indian or Indian tribe.
(d) The official before whom an appeal is pending must give notice
of the decision that a bond be posted or the decision denying a request
that a bond be posted under Sec. 2.7.
Sec. 2.6 When is an administrative decision final?
(a) No decision, which at the time of its rendition is subject to
appeal to a superior authority in the Department, will be considered
final so as to constitute Departmental action subject to judicial
review under 5 U.S.C. 704, unless when an appeal is filed, the official
to whom the appeal is made determines that public safety, protection of
trust resources, or other public exigency requires that the decision be
made effective immediately.
(b) Decisions made by officials of the Bureau of Indian Affairs
will be effective when the time for filing a notice of appeal has
expired and no notice of appeal has been filed.
(c) Decisions made by the Assistant Secretary--Indian Affairs will
be final for the Department and effective immediately unless the
Assistant Secretary--Indian Affairs provides otherwise in the decision.
Sec. 2.7 How will I know an administrative decision has been made?
(a) The official making a decision must give the appellant and all
known interested parties written notice of the decision by certified or
registered mail, return receipt requested. These receipts will become a
permanent part of the record.
(b) Failure of the official making a decision to give written
notice will not affect the validity of the decision or action. However,
the time to file a notice of appeal regarding such a decision will not
begin to run until notice has been given in accordance with paragraph
(c) of this section.
(c) All written decisions, except decisions which are final for the
Department under Sec. 2.6(c), must include a statement that the
decision may be appealed under this part, identify the official to whom
it may be appealed and indicate the appeal procedures, including the
30-day time limit for filing a notice of appeal.
Sec. 2.8 What may I do if an official fails to act?
(a) If your interests are adversely affected, or your ability to
protect your interests is impeded by the failure of an official to act
on a request to the official, you can make the official's inaction the
subject of appeal. You must:
(1) Request in writing that the official take the action originally
asked of the official;
[[Page 31877]]
(2) Describe the interest adversely affected by the official's
inaction, including a description of the loss, impairment or impediment
of the interest caused by the official's inaction; and
(3) State that, unless the official involved either takes action on
the merits of the written request within 10 days of receipt of the
request by the official, or establishes a date by which action will be
taken, an appeal will be filed in accordance with this part.
(b) The official receiving a request as specified in paragraph (a)
of this section must either:
(1) Make a decision on the merits of the initial request within 10
days from receipt of the request for a decision; or
(2) Establish a reasonable later date by which the decision will be
made, not to exceed 60 days from the date of request.
(c) If an official establishes a date by which a requested decision
will be made, this date will be the date by which failure to make a
decision will be appealable under this part.
(d) If the official, within the 10-day period specified in
paragraph (a) of this section, fails to make a decision on the merits
of the initial request or to establish a later date by which a decision
will be made, the official's inaction will be appealable to the next
official in the process established in this part.
Sec. 2.9 How do I appeal an administrative decision?
(a) You must file a written notice of appeal in the office of the
official whose decision is being appealed. You must also send a copy of
the notice of appeal to the official who will decide the appeal and to
all known interested parties. The notice of appeal must be filed in the
office of the official whose decision is being appealed within 30 days
of your receipt of the notice of administrative action described in
Sec. 2.7.
(1) A notice of appeal that is filed by mail is considered filed on
the date that it is postmarked. You are responsible for proving that
your notice of appeal is timely filed.
(2) No extension of time will be granted for filing a notice of
appeal. Notices of appeal not filed in the specified time will not be
considered, and the decision involved will be considered final for the
Department and effective in accordance with Sec. 2.6(a).
(b) If you are an Indian or Indian tribe and not represented by
counsel, you may request assistance in preparing your appeal from the
official who issued the decision. If you request assistance, the
official who issued the decision appealed must give you appropriate
assistance in preparing the appeal.
(c) Your notice of appeal must:
(1) Include your name, address, and phone number.
(2) Be clearly labeled or titled with the words ``NOTICE OF
APPEAL.''
(3) Contain a statement of the decision being appealed that is
sufficient to permit identification of the decision.
(4) Certify that copies of the notice of appeal have been served on
interested parties, as prescribed in Sec. 2.12(a).
(d) Your notice of appeal should:
(1) Have on the face of any envelope in which the notice is mailed
or delivered, in addition to the address, the clearly visible words
``NOTICE OF APPEAL.''
(2) If possible, attach either a copy of the notice of the
administrative decision received under Sec. 2.7, or when an official
has failed to make a decision or take any action, attach a copy of your
request for a decision or action under Sec. 2.8 with a written
statement that the official failed to make a decision or take any
action or to establish a date by which a decision would be made upon
the request.
Sec. 2.10 What documents must I file other than a notice of appeal?
(a) You must file a statement of reasons in every appeal, and it
must be accompanied by or otherwise incorporate all supporting
documents.
(b) The statement of reasons may be included in or filed with the
notice of appeal.
(c) If the statement of reasons is not filed with the notice of
appeal, you must file a separate statement of reasons in the office of
the official whose decision is being appealed within 30 days after the
notice of appeal was filed in that office.
(d) The statement of reasons whether filed with the notice of
appeal or filed separately should:
(1) Be clearly labeled ``STATEMENT OF REASONS''.
(2) Have on the face of any envelope in which the statement of
reasons is mailed or delivered, in addition to the address, the clearly
visible words ``STATEMENT OF REASONS''.
Sec. 2.11 If someone else files an appeal that affects my interest,
may I respond to the appeal?
Yes. You are an interested party.
(a) Any interested party may file a written answer responding to
the appellant's notice of appeal and statement of reasons.
(b) Any interested party may file a written answer describing the
affected interest and a response to the appeal. This answer may be
submitted in any appropriate manner. The written answer may be
accompanied by or otherwise incorporate supporting documents.
(c) The written answer must be filed within 30 days after the
statement of reasons is received.
(d) The written answer and any supporting documents must be filed
in the office of the official before whom the appeal is pending as
specified in Sec. 2.13.
(e) The written answer should:
(1) Be clearly labeled or titled with the words ``ANSWER OF
INTERESTED PARTY'';
(2) Have on the face of any envelope in which the answer is mailed
or delivered, in addition to the address, the clearly visible words
``ANSWER OF INTERESTED PARTY''; and
(3) Contain a statement of the decision being appealed that is
sufficient to permit identification of the decision.
Sec. 2.12 How do I serve appeal documents?
(a) All persons filing documents in an appeal must serve copies of
those documents on all other interested parties known to the person
making the filing.
(1) The documents must be served on all other interested parties,
either by mail or personal delivery, at the time the document is filed.
(2) A written statement must be filed certifying that the document
has been served on each interested party. The statement should show the
document involved, the name and address of the party served, and the
date of service.
(b) If an appeal is filed with the Interior Board of Indian
Appeals, a copy of the notice of appeal must also be sent to the
Assistant Secretary--Indian Affairs: The notice of appeal sent to the
Interior Board of Indian Appeals must certify that a copy has been sent
to the Assistant Secretary--Indian Affairs.
(c) If the appellant is an Indian or Indian tribe not represented
by counsel, and has requested assistance in preparing the appeal from
the official who issued the decision, the official will, in the manner
prescribed in this section, personally or by mail serve a copy of all
appeal documents on the official who will decide the appeal and on each
interested party known to the serving official.
(d) Service of any document under this part must be by personal
delivery or by mail to the record address as specified in Sec. 2.14.
Service on a tribe will be to the principal or designated tribal
official or to the governing body.
(e) In all cases where a party is represented by an attorney in an
appeal, service of any document on the attorney is service on the party
represented. Where a party is represented by more
[[Page 31878]]
than one attorney, service on any one attorney is sufficient. The
certificate of service on an attorney will include the name of the
party whom the attorney represents and indicate that service was made
on the attorney representing that party.
(f) When an official deciding an appeal determines that there has
not been service of a document affecting a person's interest, the
official will either serve the document on the person or direct the
appropriate legal counsel to serve the document on the person and allow
the person an opportunity to respond.
Sec. 2.13 How do I file an appeal document?
(a) An appeal document is properly filed with an official of the
Bureau of Indian Affairs:
(1) By personal delivery during regular business hours to the
person designated to receive mail in the immediate office of the
official; or
(2) By mail to the facility officially designated for receipt of
mail addressed to the official. The document is considered filed by
mail on the date that it is postmarked.
(b) Bureau of Indian Affairs offices receiving a misdirected appeal
document will forward the document to the proper office promptly. If a
person delivers an appeal document to the wrong office or mails an
appeal document to an incorrect address, no extension of time should be
allowed because of the time necessary for a Bureau office to redirect
the document to the correct address.
(c) Notwithstanding any other provision of this section, an
official deciding an appeal will allow late filing of a misdirected
document, including a notice of appeal, where the official finds that
the misdirection is the fault of the government.
Sec. 2.14 Who is responsible for keeping record addresses up to date?
(a) Every interested party who files a document in connection with
an appeal must, when filing the document, indicate his/her address.
(1) Any change of address must be promptly reported to the official
with whom the previous address was filed.
(2) The most current address on file under this subsection will be
deemed the proper address for all purposes under this part.
(b) The successors in interest of a party must also promptly inform
the official specified in paragraph (a) of this section of their
interest in the appeal and their address.
(c) An appellant or interested party failing to file an address or
change of address as specified in this section may not object to lack
of notice or service attributable to his/her failure to indicate a new
address.
Sec. 2.15 How are periods of time computed?
In computing any period of time prescribed or allowed in this part,
calendar days will be used. Computation will not include the day on
which a decision being appealed was made, service or notice was
received, a document was filed, or other event occurred causing time to
begin to run. Computation will include the last day of the period,
unless it is a Saturday, a Sunday, or a legal holiday, in which event
the period runs until the end of the next day which is not a Saturday,
a Sunday, or a legal holiday.
Sec. 2.16 May the time for filing or serving a document be extended?
An official to whom an appeal is made may, upon a showing of good
cause by a party and with notice to all other parties, extend the
period for filing or serving any document; provided, however, that no
extension will be granted for filing a notice of appeal under Sec. 2.9
or serve by itself to extend any period specified by law or regulation
other than in this part.
Sec. 2.17 Can an appeal be dismissed before it is reviewed?
(a) An appeal under this part will be dismissed if the notice of
appeal is not filed within the time specified in Sec. 2.9(a).
(b) An appeal under this part may be subject to summary dismissal
for the following causes:
(1) If after the appellant is given an opportunity to amend them,
the appeal documents do not state the reasons why the appellant
believes the decision being appealed is in error, or the reasons for
the appeal are not otherwise evident in the documents; or
(2) If the appellant has been required to post a bond and fails to
do so.
Sec. 2.18 Can appeals be consolidated?
Separate proceedings pending before one official under this part
and involving common questions of law or fact may be consolidated by
the official conducting the proceedings, under a motion by any party or
on the initiative of the official.
Sec. 2.19 How do Area Directors or Education Line Officers render
decisions?
(a) Area Directors, Education Line Officers and the Director,
Office of Indian Education Programs must render written decisions in
all cases appealed to them within 60 days after all time for pleadings
(including all extensions granted) has expired. The decision must
include a statement that the decision may be appealed and indicate the
appeal procedures, including the 30-day time limit for filing a notice
of appeal.
(b) The official deciding the appeal must send a copy of the
decision to the appellant and each known interested party by certified
or registered mail, return receipt requested.
These receipts will become a permanent part of the record.
Sec. 2.20 Can the Assistant Secretary--Indian Affairs render a
decision after I have filed an appeal with the Interior Board of Indian
Appeals?
(a) When a decision is appealed to the Interior Board of Indian
Appeals, a copy of the notice of appeal must be sent to the Assistant
Secretary--Indian Affairs.
(b) The notice of appeal sent to the Interior Board of Indian
Appeals must certify that a copy has been sent to the Assistant
Secretary--Indian Affairs.
(c) Under 43 CFR 4.332(b), a notice of appeal to the Board of
Indian Appeals will not be effective until 20 days after receipt by the
Board. During this time, the Assistant Secretary--Indian Affairs will
have authority to issue a decision in the appeal or assign
responsibility to issue a decision in the appeal to the Commissioner of
Indian Affairs. The Assistant Secretary--Indian Affairs will not
consider petitions to exercise this authority.
(1) If the Assistant Secretary--Indian Affairs decides to issue a
decision in the appeal or to assign responsibility to the Commissioner
of Indian Affairs, he/she will notify the Board of Indian Appeals, the
deciding official, the appellant, and interested parties within 15 days
of his/her receipt of a copy of the notice of appeal.
(2) Upon receipt of the notification, the Board of Indian Appeals
will transfer the appeal to the Assistant Secretary--Indian Affairs.
The decision must be signed by the Assistant Secretary--Indian Affairs
or the Commissioner of Indian Affairs within 60 days after all time for
pleadings (including all extensions granted) has expired.
(3) If the decision is signed by the Assistant Secretary--Indian
Affairs, it will be final for the Department and effective immediately
unless the Assistant Secretary--Indian Affairs provides otherwise in
the decision. Except as otherwise provided in Sec. 2.20(g), if the
decision is signed by the Commissioner of Indian Affairs, it may be
appealed to the Board of Indian Appeals under the provisions of 43 CFR
part 4, subpart D.
(d) The official deciding the appeal must send a copy of the
decision to the
[[Page 31879]]
appellant and each known interested party by certified or registered
mail, return receipt requested. These receipts will become a permanent
part of the record.
(e) If the Assistant Secretary--Indian Affairs or the Commissioner
of Indian Affairs does not make a decision within 60 days after all
time for pleadings (including all extensions granted) has expired, any
party may move the Board of Indian Appeals to assume jurisdiction
subject to 43 CFR 4.337(b). A motion for Board decision under this
section will invest the Board with jurisdiction as of the date the
motion is received by the Board.
(f) When the Board of Indian Appeals, in accordance with 43 CFR
4.337(b), refers an appeal containing one or more discretionary issues
to the Assistant Secretary--Indian Affairs for further consideration,
the Assistant Secretary--Indian Affairs will take action on the appeal
consistent with the procedures in this section.
(g) The Assistant Secretary--Indian Affairs will render a written
decision in an appeal from a decision of the Director, Office of Indian
Education Programs within 60 days after all time for pleadings
(including extensions granted) has expired. A copy of the decision must
be sent to the appellant and each known interested party by certified
or registered mail, return receipt requested. These receipts will
become a permanent part of the record. The decision will be final for
the Department and effective immediately unless the Assistant
Secretary--Indian Affairs provides otherwise in the decision.
Sec. 2.21 What information may the reviewing official consider?
(a) When a decision has been appealed, any information available to
the reviewing official may be used in reaching a decision whether part
of the record or not.
(b) When the official deciding an appeal believes it appropriate to
consider documents or information not contained in the record on
appeal, the official must notify all interested parties of the
information and give them not less than 10 days to comment on the
information before the appeal is decided. The deciding official will
include in the record copies of documents or a description of the
information used in arriving at the decision. Except where disclosure
of the actual documents used may be prohibited by law, copies of the
information will be made available to the parties upon request and at
their expense.
Dated: May 31, 1996.
Ada E Deer,
Assistant Secretary--Indian Affairs.
[FR Doc. 96-15501 Filed 6-20-96; 8:45 am]
BILLING CODE 4310-02-P
Complete official Federal Register PDF
FR Doc. 96-15292 Addition of Emiquon National Wildlife Refuge to the List of Open Areas for Hunting and Sport Fishing in Illinois
[Federal Register Volume 61, Number 121 (Friday, June 21, 1996)]
[Proposed Rules]
[Pages 31893-31895]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15292]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
50 CFR Part 32
RIN 1018-AD85
Addition of Emiquon National Wildlife Refuge to the List of Open
Areas for Hunting and Sport Fishing in Illinois
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Fish and Wildlife Service (Service) proposes to add
Emiquon National Wildlife Refuge to the list of areas open for hunting
and sport fishing in Illinois 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 a national wildlife refuge.
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 Emiquon National Wildlife Refuge to migratory
game bird hunting, upland game hunting, big game hunting 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
[[Page 31894]]
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 these openings are not likely to adversely
affect a listed species or critical habitat; a letter of concurrence
from the affected State; 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 Emiquon 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 fishing is compatible and
consistent with the primary purposes for which the refuge was
established. A brief description of the refuge program follows:
Emiquon National Wildlife Refuge
In 1993, the Emiquon National Wildlife Refuge, along the Spoon
River in Fulton County, Illinois, was established. When fully acquired,
the refuge could increase from its current 312 acres to 11,122 acres.
Historically, this segment of the Illinois River system was a vast
wetland complex composed of shallow marshes, bottomland forest,
backwater lake and upland habitats. Two backwater lakes, Thompson Lake
(1,800 acres) and Flag Lake (1,000 acres), occupied a former channel of
the Illinois River. They provided excellent habitat for migratory
birds, fish, and resident wildlife and were renowned for their
recreational opportunities. The large floodplain is a remnant of the
former course of the Mississippi River; the last glaciation blocked the
ancient Mississippi River between Rock Island and Princeton, Illinois,
and forced the Mississippi River to the west.
The refuge was acquired to protect, restore, and manage wetlands,
enhance waterfowl and other migratory bird habitat, protect habitat for
threatened and endangered wildlife, promote and preserve biodiversity,
and provide wildlife-dependent recreation and education. Allowing
hunting and fishing provides an opportunity that will facilitate the
revival of the Thompson Lake and Flag Lake wetland complex as a natural
area available for public use. Approximately 500,000 people live within
a one hour drive of the refuge.
Currently, the refuge is held in the public domain, and is governed
by a number of public laws which encourage recreational use of the
lands. The refuge is managed as part of the Illinois River National
Wildlife and Fish Refuges. Refuge objectives include:
Provide resting, feeding, nesting, and migration habitat
for waterfowl and other birds;
Protect, restore, and manage wetlands, bottomland forests
and backwater lake habitat in support of the North American Waterfowl
Management Plan and the National Wetlands Priority Conservation Plan;
Restore, protect, and manage backwater lake habitat to
create and maintain high quality fisheries habitat capable of
supporting a self-sustaining, balanced fish community in support of the
Illinois River fisheries resource;
Promote natural biological diversity through the
protection, restoration, and management of a backwater lake, bottomland
forest, and floodplain wetland complex;
Protect bald eagles and other endangered and threatened
species and their habitats, and;
Increase public opportunities for outdoor recreation,
interpretation, and environmental education that are compatible with
the preceding purposes.
Paperwork Reduction Act
The Service has examined this regulation under the Paperwork
Reduction Act of 1995 and has found it 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 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.
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 urban/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 fishing and hunting 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
[[Page 31895]]
hunters $20, and migratory bird hunters $33.
Applying these national averages to projected visitation at Emiquon
NWR results in the following: 600 fishermen are expected to spend
$24,600 annually in pursuit of their sport, while an estimated 400
hunters will spend $13,200 annually while hunting 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
although the rulemaking would increase visitation and expenditures in
the surrounding area of the refuge, 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 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 the proposed 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.
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.
Sec. 32.7 [Amended]
2. Section 32.7 List of refuge units open to hunting and/or
fishing is amended by adding the alphabetical listing of ``Emiquon
National Wildlife Refuge'' under the State of Illinois.
3. Section 32.32 Illinois is amended by adding in alphabetical
order Emiquon National Wildlife Refuge to read as follows:
Sec. 32.32 Illinois.
* * * * *
Emiquon National Wildlife Refuge
A. Hunting of Migratory Game Birds. Hunting of migratory game
birds is permitted on designated areas of the refuge subject to
posted conditions.
B. Upland Game Hunting. Hunting of upland game is permitted on
designated areas of the refuge subject to posted conditions.
C. Big Game Hunting. Hunting of big game is permitted on
designated areas of the refuge subject to posted conditions.
D. Sport Fishing. Sport fishing is permitted on designated areas
of the refuge subject to the following conditions:
1. Sport fishing is allowed on all refuge waters during daylight
hours from January 15, through October 15.
2. Private boats may not be left in refuge waters overnight.
3. Motorboats are restricted to slow speed/minimum wake.
* * * * *
Dated: June 7, 1996.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 96-15292 Filed 6-20-96; 8:45 am]
BILLING CODE 4310-55-P
Complete official Federal Register PDF
FR Doc. 96-15291 Addition of Mandalay National Wildlife Refuge to the List of Open Areas for Sport Fishing in Louisiana
[Federal Register Volume 61, Number 121 (Friday, June 21, 1996)]
[Proposed Rules]
[Pages 31901-31904]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15291]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
50 CFR Part 32
RIN 1018-AD82
Addition of Mandalay National Wildlife Refuge to the List of Open
Areas for Sport Fishing in Louisiana
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
-----------------------------------------------------------------------
[[Page 31902]]
SUMMARY: The U.S. Fish and Wildlife Service (Service) proposes to add
Mandalay National Wildlife Refuge to the list of areas open for sport
fishing in Louisiana 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 a
national wildlife refuge.
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 Mandalay National Wildlife Refuge to 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 refuge-specific regulations to administer
the hunting and fishing programs. Upon review of these documents, the
Secretary has determined that the opening of the Mandalay 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.
Mandalay National Wildlife Refuge
The Mandalay NWR is located 5 miles west of Houma, in south central
Louisiana. It contains 4,618 acres of freshwater marshes, bordering
swamps, upland ridges, oil field canals, and other bodies of water. The
refuge is bisected by the Gulf Intracoastal Waterway and bordered by
private marshes on three sides. Swamps, bottom land hardwoods and
agricultural (sugarcane) areas border the refuge to the north.
Parts of the project area are seasonally flooded by the Lower
Atchafalaya River and water is impounded in the marshes because
drainage is slow. High tides further complicate drainage. The area's
poor interior drainage has caused some changes in the vegetation, but
in general the existing plant communities remain essentially the same.
The refuge was established to preserve and protect freshwater
marshes in the Western Terrebonne Parish. The refuge is a top priority
wetland conservation project of the Gulf Coast Joint Venture of the
North American Waterfowl Management Plan. The refuge contains cypress-
tupelo swamp and numerous canals that are used by the petroleum
industry. It provides excellent habitat for water birds, other
migratory birds, white-tailed deer, furbearers and many other wildlife
species.
The primary purpose of the Mandalay NWR is to manage the area from
an ecosystem perspective for the benefit of migratory birds and other
wildlife. In order to meet specific refuge and other broader Service
directives, the following objectives have been established for Mandalay
NWR:
To provide the highest quality migratory bird habitat
possible;
[[Page 31903]]
To provide for the needs of endangered plants and animals;
To allow compatible public uses such as fishing, trapping,
wildlife observation and photography;
To promote research and restoration of wetland resources;
and
To provide opportunities for environmental education and
interpretation when possible.
The proposed sport fishing program is designed to contribute to or
be compatible with refuge objectives. It will provide high quality,
wildlife-dependent recreation to the general public and the opportunity
to utilize a renewable resource. It would also maintain fish
populations at optimum levels.
The species represented include largemouth bass, bluegill, red-ear
and other sunfishes, and channel catfish and are all capable of
sustaining fishing pressure. Areas that will support the fisheries
resources are limited to Lake Hatch, canals and ponds on the refuge.
Areas open to sport fishing would depend on migratory bird use
during the migration period. Resting and feeding areas will be closed
to fishing to protect migratory birds from disturbance during the
winter months. Other areas may be open to sport fishing throughout the
fishing season. An existing 1,972 acre private hunting and fishing
lease surrounds Lake Hatch and will be closed to public use until May
15, 2000.
Paperwork Reduction Act
The Service has examined this regulation under the Paperwork
Reduction Act of 1995 and has 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.
The 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. 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 fishing 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
Mandalay NWR results in the following: 500 fishermen are expected to
spend $20,500 annually in pursuit of their sport while 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
although the rulemaking would increase visitation and expenditures in
the surrounding area of the refuge, it 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 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 the proposed 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 contacting the primary author.
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 20240, 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 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.
Sec. 32.7 [Amended]
2. Section 32.7 List of refuge units open to hunting and/or
fishing, is amended by alphabetically adding the listing ``Mandalay
National Wildlife Refuge'' under the State of Louisiana.
3. Section 32.37 Louisiana is amended by adding in alphabetical
order Mandalay National Wildlife Refuge to read as follows:
Sec. 32.37 Louisiana.
* * * * *
Mandalay 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 subject to the
following conditions:
1. Refuge permits required (Free).
2. Any person entering, using or occupying the refuge must abide
by all terms and conditions set forth in the appropriate refuge
permit (brochure).
* * * * *
[[Page 31904]]
Dated: June 7, 1996.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 96-15291 Filed 6-20-96; 8:45 am]
BILLING CODE 4310-55-P
Complete official Federal Register PDF
FR Doc. 96-15290 Addition of Bald Knob National Wildlife Refuge to the List of Open Areas for Hunting and Sport Fishing in Arkansas
[Federal Register Volume 61, Number 121 (Friday, June 21, 1996)]
[Proposed Rules]
[Pages 31891-31893]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15290]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
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 refuge-specific 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
[[Page 31892]]
recognized as a major concentration area for wintering pintails in
Arkansas.
Prior to acquisition by the Service, consistent winter flood
regimes did not exist. Emphasis was placed on maintenance of drainage
systems, water control structures, and levee construction/maintenance
to maximize farming opportunities. These intensive agricultural
practices on the area were generally conducted at times or in a manner
that impacts were generally negative or marginally beneficial to the
wildlife resource.
The refuge is located in the Mississippi Alluvial Valley Ecosystem
and historically consisted of bottomland hardwood forests and
associated forested wetland wildlife species. Only remnants of the
bottomland hardwood forests exist today with the majority of the refuge
properties being composed of open agricultural fields. Approximately
12,700 acres of the proposed 14,000 acre refuge consists of open farm
fields. The remaining acreage consists of sloughs and forested habitat
types. Although the refuge consists primarily of open land, it is
utilized by a variety of resident and non-resident wildlife species,
including white-tailed deer, coyote, beaver, mink, muskrat, raccoon,
rabbit, waterfowl, and neo-tropical songbirds. The refuge also is
utilized by bald eagles, peregrine falcons, marsh hawks, red-tailed
hawks, barred owls and a host of other raptors, especially during the
winter months. In addition, aquatic habitats of the refuge support a
variety of indigenous fresh water fish, reptiles, amphibians, and fresh
water mussel species.
Refuge hunting and fishing plans have been developed to ensure the
associated public recreation and wildlife management objectives are met
in a responsible and consistent manner. The primary purpose of the
refuge is to preserve wintering habitat for waterfowl. Bald Knob NWR is
administered as part of the Cache River NWR and any operational plans
developed for Bald Knob NWR will be under the umbrella and guidance of
the Comprehensive Management Plan for the Cache/Lower White Rivers
Ecosystem. The goals identified in this plan are:
To provide continued public use opportunity, which is not
incompatible with restoration and/or conservation of ecosystem function
or legal mandates; and
To actively promote and encourage public use, which
facilitates ecosystem functional restoration and management.
In keeping with the intent of this goal the following objectives
for the Bald Knob NWR were developed:
To provide and maintain optimum habitat for migratory
waterfowl;
To provide habitat and protection for endangered species;
To provide for a natural diversity of wildlife species;
and
To provide opportunities for wildlife-oriented recreation
and environmental education when compatible with other refuge
objectives.
The objectives for the refuge hunting and fishing programs are as
follows:
To provide the general public with a quality wildlife-
oriented recreational experience and an opportunity to utilize a
renewable natural resource; and
To maintain wildlife populations at levels compatible with
the refuge habitat.
Hunting and fishing was a traditional recreational use of the
refuge property prior to inclusion into the refuge system. Hunting and
fishing are also very popular recreational pursuits with the local
public. However, opportunities have become very limited in the
surrounding area because of the posting of private land, expansion of
private leases, and a significant decline in available habitat. Refuge
hunting and fishing will provide much needed opportunities in this
area. The development of refuge regulations, zoning, and other
management will be designed to promote a quality outdoor experience
with reasonable harvest opportunities and uncrowded conditions.
Paperwork Reduction Act
The Service has examined this regulation under the Paperwork
Reduction Act of 1995 and has found it 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 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.
The 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. 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 fishing and hunting 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 Bald
Knob NWR results in the following: 300 fishermen are expected to spend
$12,300 annually in pursuit of their sport, while an estimated 200
hunters will spend $6,600 annually hunting 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
although the rulemaking would increase visitation and expenditures in
the surrounding area of the refuge, it 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 prepared for this
[[Page 31893]]
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 the proposed 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 contacting the primary
author.
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 20240, 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 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.
Sec. 32.7 [Amended]
2. Section 32.7 List of refuge units open to hunting and/or
fishing, is amended by alphabetically adding the listing ``Bald Knob
National Wildlife Refuge'' under the State of Arkansas.
3. Section 32.23 Arkansas is amended by adding in alphabetical
order Bald Knob National Wildlife Refuge to read as follows:
Sec. 32.23 Arkansas.
* * * * *
Bald Knob National Wildlife Refuge
A. Hunting of Migratory Game Birds. Hunting of migratory game
birds is permitted on designated areas of the refuge subject to the
following condition:
1. Permits are required.
B. Upland Game Hunting. Hunting of upland game is permitted on
designated areas of the refuge subject to the following condition:
1. Permits are required.
C. Big Game Hunting. Hunting of big game is permitted on
designated areas of the refuge subject to the following condition:
1. Permits are required.
D. Sport Fishing. Fishing and frogging are permitted on
designated areas of the refuge subject to the following conditions:
1. Fishing and frogging is permitted only during published
refuge open seasons and in accordance with refuge regulations.
2. All applicable state fishing and frogging regulations must be
adhered to.
* * * * *
Dated: June 7, 1996.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 96-15290 Filed 6-20-96; 8:45 am]
BILLING CODE 4310-55-P
Complete official Federal Register PDF
FR Doc. 96-15289 Addition of Tallahatchie National Wildlife Refuge to the List of Open Areas for Sport Fishing in Mississippi
[Federal Register Volume 61, Number 121 (Friday, June 21, 1996)]
[Proposed Rules]
[Pages 31904-31906]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15289]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
50 CFR Part 32
RIN 1018-AD81
Addition of Tallahatchie National Wildlife Refuge to the List of
Open Areas for Sport Fishing in Mississippi
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Fish and Wildlife Service (Service) proposes to add
Tallahatchie National Wildlife Refuge to the list of areas open for
sport fishing in Mississippi 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 Tallahatchie National Wildlife Refuge to 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 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 refuge-specific regulations to administer the fishing
program. Upon review of these documents, the Secretary has determined
that the opening of the Tallahatchie National Wildlife Refuge to 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 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.
Tallahatchie National Wildlife Refuge
Tallahatchie National Wildlife Refuge is located in Grenada,
Quitman, and Tallahatchie Counties in the central portion of the
Mississippi Wetland Management District. Clarksdale is northwest of
Black Bayou and Grenada is east of Bear Lake. Mathews Brake National
Wildlife Refuge lies south of Bear Lake. Access to the property is by
county-maintained gravel roads, field roads, and State Highway 8.
The Service proposes to acquire approximately 15,000 acres in two
separate units. The northern unit, Black Bayou, is located in the
southeast corner of Quitman County and adjacent Tallahatchie County.
The southern unit, Bear Lake, lies along the Tallahatchie-Grenada
county line.
The refuge is located in an area of the Lower Mississippi River
Delta known as the Yazoo Basin, of which the Tallahatchie River Basin
is a component. The entire area is subject to seasonal backwater
flooding from the Tallahatchie River System.
This area is rich in biological diversity and is home for myriad
wildlife species such as deer, squirrel,
[[Page 31905]]
rabbit, raccoons, ducks, other small mammals and birds. The habitat
consists of bottomland hardwoods, cleared lands in agricultural use,
fallow fields, and a moist soil complex that contains eight separate
catfish pond units with complete water management control.
The refuge will be managed primarily as stopover and wintering
habitat for migrating waterfowl due to its importance for these
waterfowl in the Mississippi Flyway.
The primary fishery resources are found in the backwater lakes and
borrow pits. These lakes support populations of game fish including
largemouth bass, white and black crappie, bluegill, and other sunfish
species. These areas also contain several species of rough fish such as
catfish, gar, grennel, carp, buffalo, and freshwater drum.
The Service proposes that the refuge be opened to refuge-wide sport
fishing for both game fish and rough fish. Sport fishing on the refuge
will be controlled by field observations and limit checks, and by
designating access points and vehicle limitations. Activities and
methods would be regulated to provide the maximum allowable
recreational opportunity without jeopardizing the fishery resource or
refuge objectives. Zoning may be implemented, if necessary, to prevent
conflict with other public use activities or management objectives.
Areas such as those throughout the Mississippi River Delta have
been historically used for recreational and subsistence fishing. Large-
scale farming and other commercial land use has led to the destruction
or conversion of many wetland areas within the last two decades. This
has significantly reduced the opportunity for public sport fishing in
the area.
Paperwork Reduction Act
The Service has examined this regulation under the Paperwork
Reduction Act of 1995 and has found it 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 recreational uses, compared to the refuge being
closed to these recreational uses. Much of this land was open to
hunting and/or fishing before it attained refuge status, however, many
of the hunters and fishermen were guests of the previous landowner and
from the local area. When the Service acquired this land, all public
use ceased under law until opened to the public in accordance with this
rulemaking.
The 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 fishing and hunting 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
Tallahatchie NWR results in the following: 500 fishermen are expected
to spend $20,500 annually in pursuit of their sport 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
although the rulemaking would increase visitation and expenditures in
the surrounding area of the refuge, it 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 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 the proposed 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 contacting the primary author.
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 20240, 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 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.
Sec. 32.7 [Amended]
2. Section 32.7 List of refuge units open to hunting and/or
fishing, is amended by alphabetically adding the
[[Page 31906]]
listing ``Tallahatchie National Wildlife Refuge'' under the State of
Mississippi.
3. Section 32.43 Mississippi is amended by adding in alphabetical
order Tallahatchie National Wildlife Refuge to read as follows:
Sec. 32.43 Mississippi.
* * * * *
Tallahatchie National Wildlife Refuge
A. Hunting of Migratory Game Birds. [Reserved]
B. Upland Game Hunting. [Reserved]
C. Big Game Hunting. [Reserved]
D. Sport Fishing. Fishing is permitted on designated areas of
the refuge subject to the following conditions:
1. Commercial fishing is prohibited.
2. Daylight use only.
3. Camping is prohibited.
4. Vehicle use is restricted to designated roads.
5. Littering in any form is strictly prohibited.
6. Fires are not permitted on the refuge.
7. All terrain vehicles are not permitted.
8. All State regulations governing seasons, licenses, and creel
limits apply.
9. The use of nets, seines, trot lines, or any similar device
for taking of fish is prohibited.
* * * * *
Dated: June 7, 1996.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 96-15289 Filed 6-20-96; 8:45 am]
BILLING CODE 4310-55-P
Complete official Federal Register PDF
FR Doc. 96-15288 Addition of Big Muddy National Wildlife Refuge to the List of Open Areas for Hunting and Sport Fishing in Missouri
[Federal Register Volume 61, Number 121 (Friday, June 21, 1996)]
[Proposed Rules]
[Pages 31908-31910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15288]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 32
RIN 1018-AD88
Addition of Big Muddy National Wildlife Refuge to the List of
Open Areas for Hunting and Sport Fishing in Missouri
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Fish and Wildlife Service (Service) proposes to add
Big Muddy National Wildlife Refuge to the list of areas open for
hunting and sport fishing in Missouri 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 a national wildlife refuge.
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 Big Muddy 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.
Hunting and sport fishing plans are developed for each existing
refuge prior to opening it to hunting or fishing. 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
[[Page 31909]]
(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 refuge-specific regulations to administer
the hunting and fishing programs. Upon review of these documents, the
Secretary has determined that the opening of the Big Muddy 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. A brief description of the refuge program
follows.
Big Muddy National Wildlife Refuge.
The Big Muddy National Fish and Wildlife Refuge is located east of
Kansas City, Missouri, to slightly down river from Jefferson City. The
refuge was established on September 9, 1994, under the authority of the
Fish and Wildlife Act of 1954, ``* * * for the development,
advancement, management, conservation, and protection of fish and
wildlife resources * * *'' and currently consists of seven units. It is
intended to fill a public need to preserve and restore the Missouri
River floodplain, manage fish and wildlife habitats, and provide for
compatible public use. Approximately 60,000 acres of floodplain land
may eventually be purchased or protected in some way. A refuge of this
size will contribute to goals for river ecosystem conservation and
restoration, threatened and endangered species recovery, neotropical
migrant bird conservation, biological diversity, and fish and wildlife-
dependent public recreation on a portion of the Missouri River
floodplain.
The refuge also supports and complements the Missouri Department of
Conservation's (MDC) 10-year fisheries strategic plan for the Missouri
River and the U.S. Army Corps of Engineers' (Corps) Missouri River Fish
and Wildlife Mitigation Project authorized by the Water Resources
Development Act of 1986. The Service recognizes the task of restoring
sections of the Missouri River's natural floodplain and its associated
wildlife habitats and plant communities and the critically important
role of conservation partnerships with other agencies, States, Tribes,
organizations, and members of the general public. The Service action
along this section of the Missouri River, in cooperation with other
governmental entities, private groups, and individuals, will
demonstrate the type of restoration that is possible on other stretches
of the Missouri River. Hunting and fishing is intended to:
Fulfill the Service's commitment to provide the public
with opportunities for outdoor recreation;
Provide valid fish and wildlife management techniques to
influence the distribution and abundance of these animals and aid
refuge habitat restoration and management activities; and
Help keep healthy wildlife populations in balance with
available habitat.
Hunting and fishing will be allowed on some or all of the areas
acquired by the refuge after determining that:
Such activity is consistent with other resource
objectives; and
Biological monitoring programs on the refuge and local MDC
properties provide adequate assurances that target species support a
harvestable surplus.
Hunting and fishing would be conducted in accordance with all
applicable State and federal regulations. Coordination with MDC
biologists will promote continuity and understanding of Service and
State resource goals and objectives and will help assure that the
decision-making process takes into account all interests. White-tailed
deer, upland game and waterfowl will be the primary focus of most
hunting activity, although a minor amount of incidental hunting for
other species also will occur.
Fishing interests likely will concentrate on panfish and largemouth
bass in isolated ponds, oxbows, scour holes and side channels, while
catfish will make up the majority of the catch in the Missouri River.
Considering the limited acreage currently acquired by the refuge, it is
anticipated that hunters and anglers will record less than 500 use days
the first year. This figure will increase in proportion and at a rate
comparable to future refuge land acquisitions. Yearly updates will be
made to the Hunting and Fishing Plan to incorporate these acquisitions.
Paperwork Reduction Act
The Service has examined this regulation under the Paperwork
Reduction Act of 1995 and has found it 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 recreational uses, compared to the refuge being
closed to these recreational uses. Much of this land was open to
hunting and/or fishing before it attained refuge status, however, many
of the hunters and fishermen were guests of the previous landowner and
from the local area. When the Service acquired this land, all public
use ceased under law until opened to the public in accordance with this
rulemaking.
The refuge is located in proximity to large metropolitan areas.
Businesses in the area, however, 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 an urban 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 fishing and hunting 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
[[Page 31910]]
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 Big
Muddy NWR results in the following: 300 fishermen are expected to spend
$12,300 annually in pursuit of their sport, while an estimated 200
hunters will spend $6,600 annually hunting 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
although the rulemaking would increase visitation and expenditures in
the surrounding area of the refuge, it 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 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 the proposed 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 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 20240, 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 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.
Sec. 32.7 [Amended]
2. Section 32.7 List of refuge units open to hunting and/or
fishing, is amended by alphabetically adding the listing ``Big Muddy
National Wildlife Refuge'' under the State of Missouri.
3. Section 32.44 Missouri is amended by adding in alphabetical
order of Big Muddy National Wildlife Refuge to read as follows:
Sec. 32.44 Missouri.
* * * * *
Big Muddy National Wildlife Refuge
A. Hunting of Migratory Game Birds. Hunting of migratory game
birds is permitted on designated areas of the refuge subject to
posted regulations.
B. Upland Game Hunting. Hunting upland game is permitted on
designated areas of the refuge subject to posted regulations.
C. Big Game Hunting. Big game hunting is permitted on designated
areas of the refuge subject to posted regulations.
D. Sport Fishing. Fishing is permitted on designated areas of
the refuge subject to posted regulations.
* * * * *
Dated: June 7, 1996.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 96-15288 Filed 6-20-96; 8:45 am]
BILLING CODE 4310-55-P
Complete official Federal Register PDF
FR Doc. 96-15137 Addition of Big Branch Marsh National Wildlife Refuge to the List of Open Areas for Hunting and Sport Fishing in Louisiana
[Federal Register Volume 61, Number 121 (Friday, June 21, 1996)]
[Proposed Rules]
[Pages 31897-31899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15137]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
50 CFR Part 32
RIN 1018-AD79
Addition of Big Branch Marsh National Wildlife Refuge to the List
of Open Areas for Hunting and Sport Fishing in Louisiana
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Fish and Wildlife Service (Service) proposes to add
Big Branch Marsh National Wildlife Refuge to the list of areas open for
hunting and sport fishing in Louisiana 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 a national wildlife refuge.
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
[[Page 31898]]
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 Big Branch Marsh National
Wildlife Refuge to hunting of migratory game birds, 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.
Hunting and sport fishing plans are developed for each existing
refuge prior to opening it to hunting or fishing. 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 refuge-specific regulations to administer
the fishing and hunting programs. Upon review of these documents, the
Secretary has determined that the opening of the Big Branch Marsh
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. A brief description of the refuge
program follows.
Big Branch Marsh National Wildlife Refuge
Big Branch Marsh National Wildlife Refuge, established on September
30, 1994, includes lands and waters located in St. Tammany Parish,
Louisiana. Big Branch Marsh NWR objectives are to:
Provide habitat for a natural diversity of wildlife
associated with Big Branch Marsh;
Provide wintering habitat for migratory waterfowl;
Provide nesting habitat for wood ducks;
Provide habitat for non-game migratory birds; and
Provide opportunities for public outdoor recreation, such
as hunting, fishing, hiking, birdwatching, and environmental education
and interpretation, whenever they are compatible with the purposes for
the refuge.
The refuge management program has centered on basic resource
protection and management through law enforcement and forest habitat
management. Establishing a public hunting and fishing program on the
refuge will provide for the continuation of traditional uses of refuge
lands.
St. Tammany Parish has experienced tremendous population growth in
recent years with a fifty percent increase in rural growth during the
last decade alone. This continuing growth has resulted in a high demand
for outdoor recreational opportunities on public lands.
The Service proposes to open the refuge to recreational hunting and
sport fishing under conditions set forth in the refuge hunting and
fishing plans and in accordance with state regulations and refuge
specific regulations.
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 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 within commuting distance to a large
metropolitan area. 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 slight positive effect on such
entities; however, the amount of revenue generated is not large.
Many area residents enjoy a rural to urban 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
[[Page 31899]]
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 fishing and hunting 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 Big
Branch Marsh NWR results in the following: 20,000 fisherman are
expected to spend $820,000 annually in pursuit of their sport, while an
estimated 1,000 hunters will spend $35,000 annually hunting on the
refuge. While many of these fishermen and hunters already make such
expenditures prior to the refuge opening, minor amounts of these
additional expenditures are directly due to the land now being open to
the general public.
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
although the rulemaking would only slightly increase visitation and
expenditures in the surrounding area of the refuge, it 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 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 the proposed 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 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.
Sec. 32.7 [Amended]
2. Section 32.7 List of refuge units open to hunting and/or
fishing is amended by adding the alphabetical listing of ``Big Branch
Marsh National Wildlife Refuge'' under the State of Louisiana.
3. Section 32.37 Louisiana is amended by adding in alphabetical
order Big Branch Marsh National Wildlife Refuge to read as follows:
Sec. 32.37 Louisiana.
* * * * *
Big Branch Marsh National Wildlife Refuge
A. Hunting of Migratory Game Birds. Hunting of ducks, coots, and
snow geese is permitted on designated areas of the refuge subject to
the following conditions:
1. Permits are required.
B. Upland Game Hunting. [Reserved]
C. Big Game Hunting. Hunting of white-tailed deer is permitted
on designated areas of the refuge subject to the following
conditions:
1. Permits are required.
D. Sport Fishing. Fishing is permitted on designated areas of
the refuge subject to the following conditions:
1. Fishing is permitted during daylight hours only.
2. Only the use of rod and reel or pole and line is permitted.
3. The use of trotlines, slat traps and nets is prohibited.
4. The use of boats and motors larger than 25 horsepower is not
permitted.
5. Air-thrust boats, motorized pirogues, go-devils, and mud
boats are not permitted in refuge waters.
* * * * *
Dated: June 3, 1996.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 96-15137 Filed 6-20-96; 8:45 am]
BILLING CODE 4310-55-P
Complete official Federal Register PDF
FR Doc. 96-15133 Addition of Grand Cote National Wildlife Refuge to the List of Open Areas for Sport Fishing in Louisiana
[Federal Register Volume 61, Number 121 (Friday, June 21, 1996)]
[Proposed Rules]
[Pages 31899-31901]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15133]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
50 CFR Part 32
RIN 1018-AD77
Addition of Grand Cote National Wildlife Refuge to the List of
Open Areas for Sport Fishing in Louisiana
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Fish and Wildlife Service (Service) proposes to add
Grand Cote National Wildlife Refuge to the list of areas open for sport
fishing in Louisiana 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 a
national wildlife refuge.
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.
[[Page 31900]]
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 Grand Cote National Wildlife Refuge to 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.
Hunting and sport fishing plans are developed for each existing
refuge prior to opening it to hunting or fishing. 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 refuge-specific regulations to administer
the hunting and fishing programs. Upon review of these documents, the
Secretary has determined that the opening of the Grand Cote National
Wildlife Refuge to sport 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.
Grand Cote National Wildlife Refuge
Grand Cote National Wildlife Refuge (NWR), located in west-central
Avoyelles Parish, Louisiana, was established March 6, 1992 to provide
wintering habitat for mallards, pintails, and wood ducks and nesting
habitat for wood ducks to meet the goals of the North American
Waterfowl Management Plan. Additional Service objectives for the refuge
include:
Providing habitat for threatened and endangered species;
Providing habitat for a natural diversity of plant and
wildlife species; and
Providing opportunities for wildlife-dependent recreation
and environmental education when compatible with other refuge
objectives.
This 6,077 acre refuge is a natural sump bordered by the higher
ridge lands of the Red River on the north and east and by the terrace
uplands on the west and south. Although this area was once a very
productive bottomland hardwood ecosystem and formerly provided ideal
habitat for upland game, land clearing and a shift to agriculture have
made it more attractive to a wider variety of waterfowl species and
wading birds. Shorebird abundance has also escalated.
Except for an experimental crawfish season conducted the past few
years, and wildlife observation limited to foot travel, there are no
public use opportunities on Grand Cote NWR. The crawfishing season is
extremely popular, and there has been much public demand for opening of
traditional sport fishing.
Traditional sport fishing will be for game fish such as largemouth
bass, white and black crappie, bluegill, redear, and other sunfish
species; and rough fish such as channel, blue, and flathead catfish, as
well as other species such as gar, grennel, carp, and freshwater drum.
The refuge season will fall within the framework of the State of
Louisiana season established by the Louisiana Wildlife and Fisheries
Commission.
With implementation of this rule, traditional sport fishing and
crawfishing (referred to collectively as ``fishing'' throughout the
remainder of this plan) would be permitted, limited to those areas
specified in the refuge-specific regulations. All or parts of the
refuge may be closed to fishing at any time, if necessary, for public
safety, to provide wildlife sanctuary, or for administrative reasons.
Construction of a new refuge office/visitor contact station will
precede the opening of fishing. Additionally, a refuge fishing lake in
the existing crawfishing pond, construction of a handicapped-accessible
fishing pier, expanding and relocating crawfishing to a new area, and a
wildlife observation tower and nature trails are all in the planning
stages.
Opening fishing on Grand Cote NWR will allow harvest of a renewable
resource, promote a wildlife-dependent recreational opportunity that is
compatible with the purposes for which the refuge was established,
increase
[[Page 31901]]
awareness of Grand Cote NWR and the National Wildlife Refuge System,
and meet public demand.
Areas that will support a fishing program include the Bayou
Choctaw, Coulee des Grues, a proposed fishing lake in the existing
crawfishing pond, and various refuge drainages. Areas open to fishing
would depend on waterfowl use during the migration period. Resting and
feeding areas may be set aside to protect waterfowl from disturbance
during the winter months. These areas would be closed to fishing.
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
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.
The 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 fishing and hunting 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 Grand
Cote NWR results in the following: 2,500 fishermen are expected to
spend $102,500 annually while fishing 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 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 the proposed action is not likely to adversely 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 contacting the primary
author.
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 20240, 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 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.
Sec. 32.7 [Amended]
2. Section 32.7 List of refuge units open to hunting and/or
fishing is amended by adding the alphabetical listing of ``Grand Cote
National Wildlife Refuge'' under the State of Louisiana.
3. Section 32.37 Louisiana is amended by adding in alphabetical
order Grand Cote National Wildlife Refuge to read as follows:
Sec. 32.37 Louisiana.
* * * * *
Grand Cote National Wildlife Refuge
A. Hunting of Migratory Game Birds. [Reserved]
B. Upland Game Hunting. [Reserved]
C. Big Game Hunting. [Reserved]
D. Sport Fishing. Fishing and the taking of crawfish is
permitted on designated areas of the refuge subject to the following
conditions.
1. Permits are required to take crawfish.
2. Boats may not be left on the refuge overnight.
3. Yo-yos are permitted during daylight hours only.
4. Frogging is not permitted.
* * * * *
Dated: June 3, 1996.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 96-15133 Filed 6-20-96; 8:45 am]
BILLING CODE 4310-55-P
Complete official Federal Register PDF
FR Doc. 96-15132 Addition of Patoka River National Wildlife Refuge and Management Area to the List of Open Areas for Hunting and Sport Fishing in Indiana
[Federal Register Volume 61, Number 121 (Friday, June 21, 1996)]
[Proposed Rules]
[Pages 31895-31897]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15132]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
50 CFR Part 32
RIN 1018-AD86
Addition of Patoka River National Wildlife Refuge and Management
Area to the List of Open Areas for Hunting and Sport Fishing in Indiana
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Fish and Wildlife Service (Service) proposes to add
Patoka River National Wildlife Refuge and Management Area to the list
of areas open for hunting and sport fishing in Indiana 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 a national wildlife refuge.
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 Patoka River National Wildlife Refuge and
Management Area to hunting migratory 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
[[Page 31896]]
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.
Hunting and sport fishing plans are developed for each existing
refuge prior to opening it to hunting or fishing. 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 refuge-specific regulations to administer
the hunting and fishing programs. Upon review of these documents, the
Secretary has determined that the opening of the Patoka River National
Wildlife Refuge and Management Area to hunting and sport 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.
Patoka River National Wildlife Refuge and Management Area
Patoka River National Wildlife Refuge and Management Area is
located in Southwestern Indiana. The Refuge portion of the project
encompasses 6,800 acres. The area designated as Wildlife Management
Area includes 15,283 acres, for a total project size of 22,083 acres.
Since the area to be opened for hunting and fishing is presently
less than 2,000 acres, the anticipated hunter and angler use will be
small, probably consisting of approximately 300-500 use days per year.
Use will likely increase as additional areas are purchased and made
available. The following are hunting and fishing objectives for the
refuge:
To open lands to compatible recreational hunting as soon
as sufficient land has been acquired and biological data collected to
properly manage wildlife populations;
To open all suitable lands to compatible waterfowl
hunting, other than those lands needed to provide essential sanctuary;
To open lands to all forms of compatible traditional
resident game hunting after coordination with the Indiana Division of
Fish and Wildlife;
To assure, either spatially or chronologically, that
hunting use and general public use do not conflict or encroach upon
each other;
To allow compatible sport fishing within the framework of
Indiana Division of Fish and Wildlife regulations, subject to
additional regulation by the Service;
To encourage additional compatible use of the Patoka
River's fisheries resources by providing increased/improved access to
the river and its oxbows.
The hunting and fishing program is in direct support of the refuge
objective to increase public opportunities for outdoor recreation by
providing 300 to 500 use days immediately. As more land is acquired
these figures will increase accordingly. All proposed hunting and
fishing will be in accordance with state seasons and regulations.
Predominate waterfowl of the area are Canada geese, mallards and
wood ducks, however, other species common to the flyway also occur at
the site. Federal and State regulations permit hunting to utilize
harvestable surpluses of resident game and migratory birds and to
tailor harvest opportunities to local management needs. These
regulations permit harvests that are consistent with the well being of
waterfowl and game animal populations that utilize the area. A major
priority on the refuge is the re-establishment of native hardwood
trees. The harvest of white-tailed deer and cottontail rabbit, however
small, can improve seedling survival and growth. As refuge land
ownership increases, this harvest may become an increasingly important
component of the reforestation strategy.
Fish populations in refuge waters are healthy and can support
recreational fishing at least to levels that occurred prior to Service
acquisition. Surveys of the Patoka River in conjunction with
preparation of the environmental impact statement verified that
populations of fish most often targeted by sport fishermen are
sufficient to sustain a recreational fishery. Allowing sport fishing in
refuge waters will not inhibit other priority refuge objectives.
Orientation will be facilitated by the use of a hunting regulation
leaflet with a map delineating areas open for hunting and fishing.
These are available at refuge headquarters and posted at field
locations near traditional parking areas. The Service will update the
leaflets as new lands are acquired and approved for inclusion into the
hunting and fishing program. Because of the patchwork land
characteristics of newly established refuges, the public will be
apprised of the need to obtain landowner permission when refuge lands
are landlocked and lack public access.
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 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 proposed rule
would have a positive effect on such entities;
[[Page 31897]]
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 fishing and hunting 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 Patoka
River NWR results in the following: 500 fisherman are expected to spend
$20,500 annually in pursuit of their sport, while an estimated 500
hunters will spend $16,500 annually hunting on the refuge. While many
of these fishermen already made such expenditures prior to the refuge
opening, minor amounts of these additional expenditures are due
directly to the land now being open to the general public.
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
although the rulemaking would increase visitation and expenditures in
the surrounding area of the refuge, it 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 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 the proposed action is not likely to adversely 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 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 20240, 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 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.
Sec. 32.7 [Amended]
2. Section 32.7 List of refuge units open to hunting and/or fishing
is amended by adding the alphabetical listing of ``Patoka River
National Wildlife Refuge and Management Area'' under the State of
Indiana.
3. Section 32.33 Indiana is amended by adding in alphabetical
order Patoka River National Wildlife Refuge to read as follows:
Sec. 32.33 Indiana.
* * * * *
Patoka River National Wildlife Refuge
A. Hunting of Migratory Game Birds. Hunting of migratory game
birds is permitted on designated areas of the refuge subject to
posted regulations.
B. Upland Game Hunting. Upland game hunting is permitted on
designated areas of the refuge subject to posted regulations.
C. Big Game Hunting. Big game hunting is permitted on designated
areas of the refuge subject to posted regulations.
D. Sport Fishing. Fishing is permitted on designated areas of
the refuge subject to posted regulations.
Dated: June 3, 1996.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 96-15132 Filed 6-20-96; 8:45 am]
BILLING CODE 4310-55-P
Complete official Federal Register PDF
FR Doc. 96-15131 Addition of Boyer Chute National Wildlife Refuge to the List of Open Areas for Sport Fishing in Nebraska
[Federal Register Volume 61, Number 121 (Friday, June 21, 1996)]
[Proposed Rules]
[Pages 31906-31908]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15131]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
50 CFR Part 32
RIN 1018-AD89
Addition of Boyer Chute National Wildlife Refuge to the List of
Open Areas for Sport Fishing in Nebraska
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Fish and Wildlife Service (Service) proposes to add
Boyer Chute National Wildlife Refuge to the list of areas open for
sport fishing in Nebraska 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 a renewable natural resource area.
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 Boyer Chute National Wildlife Refuge to 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.
Hunting and sport fishing plans are developed for each existing
refuge prior to opening it to hunting or fishing. 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 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 refuge-specific regulations to administer fishing programs.
Upon review of these documents, the Secretary has determined that the
opening of the Boyer Chute National Wildlife Refuge to sport 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.
Boyer Chute National Wildlife Refuge
Boyer Chute National Wildlife Refuge, located in Washington County,
Nebraska, comprises approximately 2,000 acres of bottomland forest,
[[Page 31907]]
irrigated cropland, and wetland habitat. The majority of the refuge
consists of an island between the Missouri River and the restored river
chute, for which the refuge was named with additional land bordering
the west bank of Boyer Chute. The Service established the refuge to
provide the diversity associated with river floodplain, chutes and
bottomlands; and with secondary goals to provide educational
opportunities and compatible outdoor recreation. Refuge objectives are
to:
Provide resting, feeding, nesting, and migration habitat
for waterfowl and other birds.
Provide nesting, feeding, and resting habitat for the
fisheries resources that make use of the chute and backwaters. The
Missouri River floodplain serves as one of the more important migration
corridors for waterfowl, shorebirds, birds of prey, and songbirds;
Protect endangered and threatened species and their
habitats. The bald eagle, a federally-listed threatened species,
winters along the Missouri River. The lake and pallid sturgeon, known
to exist at the mouth of the Platte River, could exist in Boyer Chute;
Protect, restore, and manage wetlands, bottomland forests,
and backwater chute habitat in support of the North American Waterfowl
Management Plan and the National Wetlands Priority Conservation Plan.
Fishing opportunities primarily will focus on bank fishing along
the Boyer Chute and near the inlet and outlet to the chute in the
Missouri River. The Service will provide access to numerous locations
via two canoe launch boat ramps and five additional fishing access
points to distribute fishing pressure. Fishing, along the river or on
the interior ``island,'' will require foot travel over trails. Natural
access limitations such as seasonal water levels, which could restrict
use and limit walk-in access, will ensure that wildlife and habitat
management goals are maintained. It is doubtful that the average angler
will travel over a quarter-mile on foot to fish.
The Boyer Chute Refuge and the Missouri River support a naturally-
occurring fishery resource. The Service will open the refuge year-round
for fishing use, but may limit access seasonally. Low Missouri River
water levels in the fall may limit fishing opportunities during the
winter in the chute, and flooding may periodically occur.
Numbers and species of fish and wildlife allowed to be taken along
with the permitted methods of taking, are the same as current State of
Nebraska (State) regulations. Specific refuge regulations as delineated
in this proposed opening will supplement State fishing regulations. The
Service and the State will perform enforcement activities on the chute.
The Service will regulate and monitor bank fishing activities during
routine patrol of the refuge. The refuge manager also has discretion to
close all or portions of the refuge for public safety or resource
protection.
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
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.
The 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 fishing program 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 Boyer
Chute NWR results in the following: 500 fisherman are expected to spend
$20,500 annually while fishing on the refuge. While many of these
fishermen already made such expenditures prior to the refuge opening,
minor amounts of these additional expenditures are directly due to the
land now being open to the general public.
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 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 the proposed action is not likely to adversely 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 contacting the primary
author.
Unfunded Mandates
The Service has determined and certifies pursuant to the Unfunded
Mandates Act, 2 U.S.C. 1502 et seq., that
[[Page 31908]]
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 20240, 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 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.
Sec. 32.7 [Amended]
2. Section 32.7 List of refuge units open to hunting and/or fishing
is amended by adding the alphabetical listing of ``Boyer Chute National
Wildlife Refuge'' under the State of Nebraska.
3. Section 32.46 Nebraska is amended by adding in alphabetical
listing of Boyer Chute National Wildlife Refuge to read as follows:
Sec. 32.46 Nebraska.
* * * * *
Boyer Chute National Wildlife Refuge
A. Hunting of Migratory Game Birds. [Reserved]
B. Upland Game Hunting. [Reserved]
C. Big Game Hunting. [Reserved]
D. Sport Fishing. Designated areas of the refuge are open in
accordance with State fishing regulations and the special conditions
that follow:
1. Personally-attended hook and line fishing is permitted,
during daylight hours only.
2. Only non-motorized vessels are permitted in the Chute.
Vessels may not be left on the refuge overnight,
3. No floating, limb, or trot lines are permitted.
4. No bow, crossbow, snagging, or spear fishing is allowed.
5. No bait digging, netting, frog, or mussel (clam) collecting
is allowed.
* * * * *
Dated: June 3, 1996.
George T. Frampton, Jr.
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 96-15131 Filed 6-20-96; 8:45 am]
BILLING CODE 4310-55-P
Complete official Federal Register PDF
FR Doc. 96-15130 Addition of Cossatot National Wildlife Refuge to the List of Open Areas for Hunting and Sport Fishing in Arkansas
[Federal Register Volume 61, Number 121 (Friday, June 21, 1996)]
[Proposed Rules]
[Pages 31888-31891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15130]
=======================================================================
-----------------------------------------------------------------------
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.
[[Page 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.
[[Page 31890]]
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:
Sec. 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
[[Page 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
Complete official Federal Register PDF
FR Doc. 96-14813 Federal Acquisition Regulation; Inapplicability of Cost Accounting Standards to Contracts and Subcontracts for Commercial Items
[Federal Register Volume 61, Number 121 (Friday, June 21, 1996)]
[Proposed Rules]
[Page 32312]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14813]
[[Page 32311]]
_______________________________________________________________________
Part X
Department of Defense
General Services Administration
National Aeronautics and Space Administration
_______________________________________________________________________
48 CFR Part 12
Inapplicability of Cost Accounting Standards to Contracts and
Subcontracts for Commercial Items; Proposed Rule
Federal Register / Vol. 61, No. 121 / Friday, June 21, 1996 /
Proposed Rules
[[Page 32312]]
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 12
[FAR Case 96-310]
RIN 9000-AH01
Federal Acquisition Regulation; Inapplicability of Cost
Accounting Standards to Contracts and Subcontracts for Commercial Items
AGENCIES: Department of Defense (DOD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council are proposing to amend the Federal
Acquisition Regulation (FAR) Part 12 to implement Section 4205 of the
fiscal year (FY) 96 National Defense Authorization Act. Section 4205
amends Section 26(f) of the Office of Federal Procurement Policy (OFPP)
Act (41 U.S.C. 422(f)) by exempting contracts and subcontracts for
commercial items from the application of Cost Accounting Standards
(CAS) promulgated under 41 U.S.C. 422. This regulatory action was not
subject to Office of Management and Budget review under Executive Order
12866, dated September 30, 1993. This is not a major rule under 5
U.S.C. 804.
DATES: Comments should be submitted on or before August 20, 1996 to be
considered in the formulation of a final rule.
ADDRESSES: Interested parties should submit written comments to:
General Services Administration, FAR Secretariat (MVRS), 18th & F
Streets, NW, Room 4037, Washington, DC 20405.
Please cite FAR case 96-310 in all correspondence related to this
case.
FOR FURTHER INFORMATION CONTACT:
Mr. Jeremy Olson at (202) 501-3221 in reference to this FAR case. For
general information, contact the FAR Secretariat, Room 4037, GS
Building, Washington, DC 20405 (202) 501-4755. Please cite FAR case 96-
310.
SUPPLEMENTARY INFORMATION:
A. Background
This proposed rule amends FAR part 12 to implement Section 4205 of
the FY96 National Defense Authorization Act (Pub. L. 104-106). Section
4205 amends Section 26(f) of the OFPP Act (41 U.S.C. 422(f)), making
the application of CAS to commercial items ``nonmandatory.'' CAS
requirements can still be invoked as a matter of policy by the CAS
Board, pursuant to the authority provided in 41 U.S.C. 422. Any such
guidance would be placed in 48 CFR Chapter 99. Therefore, the new
coverage at FAR 12.214 indicates that CAS generally will not apply to
commercial items unless so indicated at 48 CFR 9903.201. A cross-
reference to FAR 12.214 is added at 12.503(c) and 12.504(c), to further
clarify the effect of Section 4205.
B. Regulatory Flexibility Act
This proposed rule is not expected to have a significant economic
impact on a substantial number of small entities within the meaning of
the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because
contracts and subcontracts with small businesses are exempt from CAS.
An initial regulatory flexibility analysis has therefore not been
performed. Comments are invited from small businesses and other
interested parties. Comments from small entities concerning the
affected FAR subparts will be considered in accordance with Section 610
of the Act. Such comments must be submitted separately and should cite
5 U.S.C. 601, et seq. (FAR case 96-310), in correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the proposed
changes to the FAR do not impose recordkeeping or information
collection requirements, or collections of information from offerors,
contractors, or members of the public which require the approval of the
Office of Management and Budget under 44 U.S.C. 3501, et seq.
List of Subjects in 48 CFR Part 12
Government procurement.
Dated: June 6, 1996.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.
Therefore, it is proposed that 48 CFR Part 12 be amended as set
forth below:
PART 12--ACQUISITION OF COMMERCIAL ITEMS
1. The authority citation for 48 CFR Part 12 continues to read as
follows:
Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
2. Section 12.214 is added to read as follows:
12.214 Cost Accounting Standards (CAS).
CAS generally will not apply to commercial items. If CAS does apply
pursuant to 48 CFR 9903.201 (appendix B, FAR loose-leaf edition), the
contracting officer shall insert the appropriate provisions and clauses
as prescribed in that section.
3. Section 12.503(c)(3) is revised to read as follows:
12.503 Applicability of certain laws to Executive agency contracts for
the acquisition of commercial items.
* * * * *
(c) * * *
(3) 41 U.S.C. 422, Cost Accounting Standards (48 CFR chapter 99)
(see 12.214).
* * * * *
4. Section 12.504(c)(3) is revised to read as follows:
12.504 Applicability of certain laws to subcontracts for the
acquisition of commercial items.
* * * * *
(c) * * *
(3) 41 U.S.C. 422, Cost Accounting Standards (48 CFR chapter 99)
(see 12.214).
[FR Doc. 96-14813 Filed 6-20-96; 8:45 am]
BILLING CODE 6820-EP-M
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