Final Supplementary Rule for the Public Lands Administered by the Bureau of Land Management, Arizona State Office, Relating to Possession of Open Containers of Alcohol While Operating or Riding on/in Motor Vehicles, 48438-48440 [05-16314]
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Federal Register / Vol. 70, No. 158 / Wednesday, August 17, 2005 / Notices
profit’’ use, the land, as stated in the
Act, ‘‘shall revert to the United States’’
(43 U.S.C. 869–2(a)). The State of
Nevada proposes to change the use of
the 102.5 acre parcel, located wholly
within the above described 480 acre
tract of land from a State prison use to
a commercial (for profit) work related,
privately owned industrial facility. If
pursued, this new use would trigger the
R&PP Act reverter or require its
enforcement. Consequently, the State of
Nevada has applied to the BLM to
purchase, pursuant to section 203 of the
Federal Land Policy Management Act of
1976 (Pub. L. 94–579), as amended, 43
U.S.C. 1713, of the following described
parcel of land, free and clear of the
R&PP Act reversionary interest of the
United States, as pertaining to the
particular parcel:
Mount Diablo Meridian, Nevada
T. 25 S., R. 59 E.
Section 12: NE1⁄4NE1⁄4SW1⁄4SE1⁄4,
E1⁄2NW1⁄4NE1⁄4SW1⁄4SE1⁄4,
S1⁄2NE1⁄4SW1⁄4SE1⁄4,
E1⁄2NE1⁄4SW1⁄4SW1⁄4SE1⁄4,
SE1⁄4SW1⁄4SW1⁄4SE1⁄4, SE1⁄4SW1⁄4SE1⁄4,
SE1⁄4SE1⁄4
Section 13: NE1⁄4NE1⁄4
(Approximately 102.5 acres)
If the proposed sale is approved, the
State of Nevada would pay the fair
market value of this land in the sum of
$823,000.00, as determined by the BLM
authorized officer having taken into
account an appraisal, conducted in
accordance with the applicable
appraisal standards and that assumed
the land to be free and clear of the
outstanding reversionary interest now
held by the United States.
Direct sale procedures to the State of
Nevada are considered appropriate, in
this case, as the 102.5 acre parcel of
land described above was patented
previously to the State of Nevada, and
transfer of the Federal reversionary
interest to any other entity would not
protect existing equities of the State of
Nevada in the land. The direct sale is
consistent with current BLM land use
planning for the area. The commercial
use of this parcel would benefit the
State of Nevada by use of prison labor
to train them with skills to return to
society.
The conveyance for the reversionary
interest of the 102.5 acres will be subject
to the provisions of the Federal Land
Policy and Management Act and
applicable regulations of the Secretary
of the Interior, and the land will
continue to be subject to the following:
1. The reservation of a right-of-way
thereon for ditches or canals
constructed by the authority of the
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13:34 Aug 16, 2005
Jkt 205001
United States, Act of August 30, 1890
(26 Stat. 391, 43 U.S.C. 945).
2. All minerals shall be reserved to
the United States, together with the
right to prospect for, mine and remove
such deposits from the same under
applicable law and such regulations as
the Secretary of the Interior may
prescribe.
3. Subject to:
a. Valid existing rights;
b. A right-of-way for railroad purposes
granted to the San Pedro, Los Angeles
and Salt Lake Railroad Company, its
successors or assigns, on April 20, 1906,
by right-of-way CC–00360, pursuant to
the Act of March 3, 1875, (18 Stat. 482,
43 U.S.C. 934–939);
c. A right-of-way for pipeline
purposes granted to the Calnev Pipeline
Company, its successors or assigns, on
October 21, 1960, under the Act of
February 15, 1901, 31 Stat. 790, 43
U.S.C. 959. (Nev–056213);
d. A right-of-way for roadway and
communication purposes granted to the
American Towers Corporation, its
successors or assigns on March 22,
1960, by right-of-way No. Nev–053815,
pursuant to the Act of October 21, 1976
(43 U.S.C. 1761) with an expiration date
of March 21, 2010.
Detailed information concerning this
action, including the environmental
report and approved appraisal report, is
available for review at the Las Vegas
Field Office, Bureau of Land
Management, 4701 N. Torrey Pines Dr.,
Las Vegas, Nevada 89130.
Any adverse comments regarding the
proposed action will be reviewed by the
State Director. In the absence of any
adverse comments, the decision relative
to the proposed action, when made by
the Field Manager, BLM Las Vegas Field
Office, will become effective October 17,
2005. The lands will not be offered for
conveyance until after the decision
becomes effective.
Authority: 43 CFR 2711.1–2(a) and (c).
Dated: July 11, 2005.
Sharon DiPinto,
Assistant Field Manager, Division of Lands,
Las Vegas, NV.
[FR Doc. 05–16315 Filed 8–16–05; 8:45 am]
BILLING CODE 4310–HC–P
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[WO–120–05–1630–PD]
Final Supplementary Rule for the
Public Lands Administered by the
Bureau of Land Management, Arizona
State Office, Relating to Possession of
Open Containers of Alcohol While
Operating or Riding on/in Motor
Vehicles
Bureau of Land Management,
Interior.
ACTION: Final supplementary rule.
AGENCY:
SUMMARY: The Bureau of Land
Management (BLM) is publishing a final
supplementary rule to apply to the
public lands administered by the
Arizona State Office. The final
supplementary rule prohibits the illegal
use of alcohol on public lands. BLM
needs the final supplementary rule to
protect natural resources and the health
and safety of public land users. The
final supplementary rule will allow
BLM law enforcement officers to enforce
a regulation prohibiting the possession
of open containers of alcohol while
operating or riding on/in motor vehicles
on public lands in a manner consistent
with current Arizona State law and BLM
California supplementary rules.
DATES: Effective August 17, 2005.
ADDRESSES: Suggestions and inquiries
may be sent to Lyle Shaver, Special
Agent-in-Charge, Bureau of Land
Management, Arizona State Office, 222
N. Central Avenue, Phoenix, AZ 85004,
(602) 417–9317.
FOR FURTHER INFORMATION CONTACT: Lyle
Shaver, Special Agent-in-Charge, BLM
Arizona State Office, 222 N. Central
Avenue, Phoenix, AZ 85004, (602) 417–
9317.
SUPPLEMENTARY INFORMATION:
I. Discussion of the Final
Supplementary Rule
The final supplementary rule will
apply to all public lands administered
by BLM’s Arizona State Office, i.e., all
public lands in Arizona. In keeping with
BLM’s performance goal to reduce
threats to public health and safety and
property, the final supplementary rule is
necessary to protect the natural
resources and to provide for safe public
recreation and public health. Alcoholrelated offenses are a growing problem
on the public lands. Hundreds of people
are injured each year while operating or
riding on/in motor vehicles on public
lands. A large percentage of these injury
accidents are alcohol-related. The final
supplementary rule will provide BLM
E:\FR\FM\17AUN1.SGM
17AUN1
Federal Register / Vol. 70, No. 158 / Wednesday, August 17, 2005 / Notices
with a tool to increase law enforcement
efforts related to driving under the
influence and ultimately reduce the
number of alcohol related incidents and
deaths.
A proposed supplementary rule was
published in the Federal Register on
November 26, 2004, and no comments
were received (69 FR 68974). Therefore,
BLM Arizona State Office is proceeding
with the final supplementary rule as
proposed, with a minor editorial change
in the definition section for clarity. The
definition section in the proposed rule
seemed to imply that some other
provision might change the meaning of
defined terms. Since that is not the case,
we removed the language suggesting
that possibility.
BLM finds good cause to make this
supplementary rule effective the date of
publication. The supplementary rule is
urgently needed for protection of public
safety and health, and is noncontroversial, as demonstrated by the
absence of public comments on the
proposed supplementary rule. The
absence of public comments supports a
finding of good cause because a delay in
the effective date of this rule would be
unnecessary given the level of public
interest.
II. Procedural Information
Executive Order 12866, Regulatory
Planning and Review
This final supplementary rule is not a
significant regulatory action and is not
subject to review by the Office of
Management and Budget under
Executive Order 12866. The final
supplementary rule will not have an
annual effect of $100 million or more on
the economy. It will not adversely affect
in a material way the economy,
productivity, competition, jobs, the
environment, public health or safety, or
State, local, or tribal governments or
communities. It is directed at preventing
unlawful personal behavior on public
lands for purposes of protecting public
health and safety.
The final supplementary rule will not
create a serious inconsistency or
otherwise interfere with an action taken
or planned by another agency. The final
supplementary rule will not materially
alter the budgetary effects of
entitlements, grants, user fees or loan
programs or the rights or obligations of
their recipients, and will not raise novel
legal or policy issues. The final
supplementary rule will merely enable
BLM law enforcement personnel to
enforce a regulation pertaining to
unlawful possession of an open
container of alcohol on public lands in
a manner that mirrors current State of
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13:34 Aug 16, 2005
Jkt 205001
Arizona law and BLM California
supplementary rule.
Regulatory Flexibility Act
Congress enacted the Regulatory
Flexibility Act of 1980, as amended, 5
U.S.C. 601–612, (RFA) to ensure that
Government regulations do not
unnecessarily or disproportionately
burden small entities. The RFA requires
a regulatory flexibility analysis if a rule
would have a significant economic
impact, either detrimental or beneficial,
on a substantial number of small
entities. The final supplementary rule
will protect the health and safety of
individuals, property, and resources on
the public lands, including those
connected to small businesses,
organizations, and governments, and
will have no effect on legal activities of
these small entities. Therefore, BLM has
determined under the RFA that these
rules would not have a significant
economic impact on a substantial
number of small entities.
Small Business Regulatory Enforcement
Fairness Act (SBREFA)
This final supplementary rule does
not constitute a ‘‘major rule’’ as defined
at 5 U.S.C. 804(2). Again, the final
supplementary rule only pertains to
individuals who may be unlawfully
using alcohol on the public lands. The
final rule will assist in the protection of
the public lands and those who use
them, including small business
concessionaires and outfitters. The final
supplementary rule will have no effect
on costs, prices, competition, or
commercial use of the public lands.
Unfunded Mandates Reform Act
This final supplementary rule will not
impose an unfunded mandate on State,
local, or tribal governments, in the
aggregate, or the private sector of more
than $100 million in any year; nor will
this final supplementary rule have
significant or unique effects on small
governments. The final supplementary
rule will be patterned on Arizona State
law and the BLM California
supplementary rule. Therefore, BLM is
not required to prepare a statement
containing the information required by
the Unfunded Mandates Reform Act at
2 U.S.C. 1532.
Executive Order 12630, Governmental
Action and Interference With
Constitutionally Protected Property
Rights (Takings)
The final supplementary rule does not
have significant takings implications,
and does not cause the impairment of
any private property rights. The final
supplementary rule will not provide for
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48439
the surrender or confiscation of any
legal personal or real property.
Therefore, the Department of the
Interior has determined that the final
supplementary rule does not require
preparation of a takings assessment
under this Executive Order.
Executive Order 13132, Federalism
The final supplementary rule will not
have a substantial direct effect on the
States, on the relationship between the
national government and the States, or
on the distribution of power and the
responsibilities among the various
levels of government. The final
supplementary rule applies only to
public lands administered by the
Arizona State Office and does not
address jurisdictional issues involving
the Arizona State government.
Therefore, in accordance with Executive
Order 13132, BLM has determined that
the final supplementary rule does not
have sufficient federalism implications
to warrant preparation of a federalism
assessment.
Executive Order 13175, Consultation
and Coordination With Indian Tribal
Governments
In accordance with E.O. 13175, we
have found that this final
supplementary rule does not include
policies that have tribal implications.
Since the rule does not change BLM
policy and does not involve Indian
reservation lands or resources, we have
determined that the government-togovernment relationships should remain
unaffected. The final supplementary
rule only prohibits the unlawful
possession of alcoholic beverages on
public lands.
Executive Order 12988, Civil Justice
Reform
Under Executive Order 12988, the
Office of the Solicitor has determined
that this final supplementary rule will
not unduly burden the judicial system
and that it meets the requirements of
sections 3(a) and 3(b)(2) of the Order.
Paperwork Reduction Act
This final supplementary rule does
not contain information collection
requirements that the Office of
Management and Budget must approve
under the Paperwork Reduction Act of
1995, 44 U.S.C. 3501 et seq.
National Environmental Policy Act
BLM has determined this final
supplementary rule is categorically
excluded from environmental review
under section 102(2)(C) of the National
Environmental Policy Act, pursuant to
516 Departmental Manual (DM) Chapter
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17AUN1
48440
Federal Register / Vol. 70, No. 158 / Wednesday, August 17, 2005 / Notices
2, Appendix 1. Section 1.4 provides a
categorical exclusion for law
enforcement and legal transactions,
including arrests and investigations. In
addition, the final supplementary rule
does not meet any of the ten criteria for
exceptions to categorical exclusions
listed in 516 DM, Chapter 2, Appendix
2. Pursuant to Council on
Environmental Quality regulations (40
CFR 1508.4) and the environmental
policies and procedures of the
Department of the Interior, the term
‘‘categorical exclusion’’ means a
category of actions which do not
individually or cumulatively have a
significant effect on the human
environment and that have been found
to have no such effect in procedures
adopted by a Federal agency, and for
which neither an environmental
assessment nor environmental impact
statement is required.
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
This final supplementary rule is not a
significant energy action. The final rule
will not have an adverse effect on
energy supplies, production or
consumption. It only addresses the
possession of alcoholic beverages on
public lands, and has no conceivable
connection with energy policy.
Author
The principal author of this
supplementary rule is Lyle Shaver,
Special Agent-in-Charge, Arizona State
Office, Bureau of Land Management,
Department of the Interior.
Under the authority of 43 CFR
8365.1–6 and 43 U.S.C. 1733(a), the
Arizona State Director, Bureau of Land
Management, issues a final
supplementary rule for public lands
administered by the Arizona State
Office.
Supplementary Rule on Possession of
Open Containers of Alcoholic
Beverages on Public Lands in the State
of Arizona
The Arizona State Office issues this
supplementary rule under the Federal
Land Policy and Management Act
(FLPMA), 43 U.S.C. 1733(a), 1740, and
43 CFR 8365.1–6.
No person shall have in their
possession, or on their person, an open
container that contains an alcoholic
beverage while operating or riding on/
in a motor vehicle or off-road vehicle on
public lands in the State of Arizona
administered by the BLM, Arizona State
Office.
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1. Definitions
The following definitions will apply
to the supplementary rule:
a. A motor vehicle is defined as any
self-propelled device in, upon, or by
which a person is or may be
transported, including a vehicle that is
propelled by electric power. Exempt
from this definition are motorized
wheelchairs. ‘‘Off-road vehicle’’ is
defined in 43 CFR 8340.0–5(a).
b. Operator means any person who
operates, drives, controls, or otherwise
has charge of a mechanical mode of
transportation or any other mechanical
equipment.
c. Public lands means any lands and
interests in lands owned by the United
States and administered by the
Secretary of the Interior through the
Bureau of Land Management without
regard to how the United States
acquired ownership. This includes, but
is not limited to, a paved or unpaved
parking lot or other paved or unpaved
area where vehicles are parked or areas
where the public may drive a motorized
vehicle, paved or unpaved roads, roads,
routes or trails.
d. Open container means any bottle,
can, jar or other receptacle that contains
alcohol and that has been opened, has
had its seal broken or the contents of
which have been partially removed.
2. Limitations
a. This section does not apply to:
i. An open container stored in the
trunk of a motor vehicle or, if a motor
vehicle is not equipped with a trunk, to
an open container stored in some other
portion of the motor vehicle designed
for the storage of luggage and not
normally occupied by or readily
accessible to the operator or passengers;
or
ii. An open container stored in the
living quarters of a motor home or
camper; or
iii. Unless otherwise prohibited, an
open container carried or stored in a
motor vehicle that is parked and the
vehicle’s occupant(s) are camping.
iv. For the purpose of paragraph (a)(i)
of this section, a utility compartment or
glove compartment is deemed to be
readily accessible to the operator and
passengers of a motor vehicle.
Penalties
Under the Federal Land Policy and
Management Act of 1976 43 U.S.C.
1733(a), and the Sentencing Reform Act
of 1984, as amended, 18 U.S.C. 3551,
3571, persons who violate this
restriction are subject to arrest and,
upon conviction, may be fined up to
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$100,000 and/or imprisoned for not
more than 12 months.
Elaine Y. Zielinski,
Arizona State Director.
[FR Doc. 05–16314 Filed 8–16–05; 8:45 am]
BILLING CODE 4310–32–P
INTERNATIONAL TRADE
COMMISSION
[Investigations Nos. 701–TA–401 and 731–
TA–853 and 854 (Review)]
Structural Steel Beams From Japan
and Korea
United States International
Trade Commission.
ACTION: Notice of Commission
determination to conduct full five-year
reviews concerning the countervailing
duty order on structural steel beams
from Korea and the antidumping duty
orders on structural steel beams from
Japan and Korea.
AGENCY:
SUMMARY: The Commission hereby gives
notice that it will proceed with full
reviews pursuant to section 751(c)(5) of
the Tariff Act of 1930 (19 U.S.C.
1675(c)(5)) to determine whether
revocation of the countervailing duty
order on structural steel beams from
Korea and the antidumping duty orders
on structural steel beams from Japan
and Korea would be likely to lead to
continuation or recurrence of material
injury within a reasonably foreseeable
time. A schedule for the reviews will be
established and announced at a later
date. For further information concerning
the conduct of these reviews and rules
of general application, consult the
Commission’s Rules of Practice and
Procedure, part 201, subparts A through
E (19 CFR part 201), and part 207,
subparts A, D, E, and F (19 CFR part
207).
DATES:
Effective August 5, 2005.
FOR FURTHER INFORMATION CONTACT:
Mary Messer (202–205–3193), Office of
Investigations, U.S. International Trade
Commission, 500 E Street, SW.,
Washington, DC 20436. Hearingimpaired persons can obtain
information on this matter by contacting
the Commission’s TDD terminal on 202–
205–1810. Persons with mobility
impairments who will need special
assistance in gaining access to the
Commission should contact the Office
of the Secretary at 202–205–2000.
General information concerning the
Commission may also be obtained by
accessing its Internet server (https://
www.usitc.gov). The public record for
these reviews may be viewed on the
E:\FR\FM\17AUN1.SGM
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]]>Agencies
[Federal Register Volume 70, Number 158 (Wednesday, August 17, 2005)]
[Notices]
[Pages 48438-48440]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-16314]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[WO-120-05-1630-PD]
Final Supplementary Rule for the Public Lands Administered by the
Bureau of Land Management, Arizona State Office, Relating to Possession
of Open Containers of Alcohol While Operating or Riding on/in Motor
Vehicles
AGENCY: Bureau of Land Management, Interior.
ACTION: Final supplementary rule.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Land Management (BLM) is publishing a final
supplementary rule to apply to the public lands administered by the
Arizona State Office. The final supplementary rule prohibits the
illegal use of alcohol on public lands. BLM needs the final
supplementary rule to protect natural resources and the health and
safety of public land users. The final supplementary rule will allow
BLM law enforcement officers to enforce a regulation prohibiting the
possession of open containers of alcohol while operating or riding on/
in motor vehicles on public lands in a manner consistent with current
Arizona State law and BLM California supplementary rules.
DATES: Effective August 17, 2005.
ADDRESSES: Suggestions and inquiries may be sent to Lyle Shaver,
Special Agent-in-Charge, Bureau of Land Management, Arizona State
Office, 222 N. Central Avenue, Phoenix, AZ 85004, (602) 417-9317.
FOR FURTHER INFORMATION CONTACT: Lyle Shaver, Special Agent-in-Charge,
BLM Arizona State Office, 222 N. Central Avenue, Phoenix, AZ 85004,
(602) 417-9317.
SUPPLEMENTARY INFORMATION:
I. Discussion of the Final Supplementary Rule
The final supplementary rule will apply to all public lands
administered by BLM's Arizona State Office, i.e., all public lands in
Arizona. In keeping with BLM's performance goal to reduce threats to
public health and safety and property, the final supplementary rule is
necessary to protect the natural resources and to provide for safe
public recreation and public health. Alcohol-related offenses are a
growing problem on the public lands. Hundreds of people are injured
each year while operating or riding on/in motor vehicles on public
lands. A large percentage of these injury accidents are alcohol-
related. The final supplementary rule will provide BLM
[[Page 48439]]
with a tool to increase law enforcement efforts related to driving
under the influence and ultimately reduce the number of alcohol related
incidents and deaths.
A proposed supplementary rule was published in the Federal Register
on November 26, 2004, and no comments were received (69 FR 68974).
Therefore, BLM Arizona State Office is proceeding with the final
supplementary rule as proposed, with a minor editorial change in the
definition section for clarity. The definition section in the proposed
rule seemed to imply that some other provision might change the meaning
of defined terms. Since that is not the case, we removed the language
suggesting that possibility.
BLM finds good cause to make this supplementary rule effective the
date of publication. The supplementary rule is urgently needed for
protection of public safety and health, and is non-controversial, as
demonstrated by the absence of public comments on the proposed
supplementary rule. The absence of public comments supports a finding
of good cause because a delay in the effective date of this rule would
be unnecessary given the level of public interest.
II. Procedural Information
Executive Order 12866, Regulatory Planning and Review
This final supplementary rule is not a significant regulatory
action and is not subject to review by the Office of Management and
Budget under Executive Order 12866. The final supplementary rule will
not have an annual effect of $100 million or more on the economy. It
will not adversely affect in a material way the economy, productivity,
competition, jobs, the environment, public health or safety, or State,
local, or tribal governments or communities. It is directed at
preventing unlawful personal behavior on public lands for purposes of
protecting public health and safety.
The final supplementary rule will not create a serious
inconsistency or otherwise interfere with an action taken or planned by
another agency. The final supplementary rule will not materially alter
the budgetary effects of entitlements, grants, user fees or loan
programs or the rights or obligations of their recipients, and will not
raise novel legal or policy issues. The final supplementary rule will
merely enable BLM law enforcement personnel to enforce a regulation
pertaining to unlawful possession of an open container of alcohol on
public lands in a manner that mirrors current State of Arizona law and
BLM California supplementary rule.
Regulatory Flexibility Act
Congress enacted the Regulatory Flexibility Act of 1980, as
amended, 5 U.S.C. 601-612, (RFA) to ensure that Government regulations
do not unnecessarily or disproportionately burden small entities. The
RFA requires a regulatory flexibility analysis if a rule would have a
significant economic impact, either detrimental or beneficial, on a
substantial number of small entities. The final supplementary rule will
protect the health and safety of individuals, property, and resources
on the public lands, including those connected to small businesses,
organizations, and governments, and will have no effect on legal
activities of these small entities. Therefore, BLM has determined under
the RFA that these rules would not have a significant economic impact
on a substantial number of small entities.
Small Business Regulatory Enforcement Fairness Act (SBREFA)
This final supplementary rule does not constitute a ``major rule''
as defined at 5 U.S.C. 804(2). Again, the final supplementary rule only
pertains to individuals who may be unlawfully using alcohol on the
public lands. The final rule will assist in the protection of the
public lands and those who use them, including small business
concessionaires and outfitters. The final supplementary rule will have
no effect on costs, prices, competition, or commercial use of the
public lands.
Unfunded Mandates Reform Act
This final supplementary rule will not impose an unfunded mandate
on State, local, or tribal governments, in the aggregate, or the
private sector of more than $100 million in any year; nor will this
final supplementary rule have significant or unique effects on small
governments. The final supplementary rule will be patterned on Arizona
State law and the BLM California supplementary rule. Therefore, BLM is
not required to prepare a statement containing the information required
by the Unfunded Mandates Reform Act at 2 U.S.C. 1532.
Executive Order 12630, Governmental Action and Interference With
Constitutionally Protected Property Rights (Takings)
The final supplementary rule does not have significant takings
implications, and does not cause the impairment of any private property
rights. The final supplementary rule will not provide for the surrender
or confiscation of any legal personal or real property. Therefore, the
Department of the Interior has determined that the final supplementary
rule does not require preparation of a takings assessment under this
Executive Order.
Executive Order 13132, Federalism
The final supplementary rule will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and the
responsibilities among the various levels of government. The final
supplementary rule applies only to public lands administered by the
Arizona State Office and does not address jurisdictional issues
involving the Arizona State government. Therefore, in accordance with
Executive Order 13132, BLM has determined that the final supplementary
rule does not have sufficient federalism implications to warrant
preparation of a federalism assessment.
Executive Order 13175, Consultation and Coordination With Indian Tribal
Governments
In accordance with E.O. 13175, we have found that this final
supplementary rule does not include policies that have tribal
implications. Since the rule does not change BLM policy and does not
involve Indian reservation lands or resources, we have determined that
the government-to-government relationships should remain unaffected.
The final supplementary rule only prohibits the unlawful possession of
alcoholic beverages on public lands.
Executive Order 12988, Civil Justice Reform
Under Executive Order 12988, the Office of the Solicitor has
determined that this final supplementary rule will not unduly burden
the judicial system and that it meets the requirements of sections 3(a)
and 3(b)(2) of the Order.
Paperwork Reduction Act
This final supplementary rule does not contain information
collection requirements that the Office of Management and Budget must
approve under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et
seq.
National Environmental Policy Act
BLM has determined this final supplementary rule is categorically
excluded from environmental review under section 102(2)(C) of the
National Environmental Policy Act, pursuant to 516 Departmental Manual
(DM) Chapter
[[Page 48440]]
2, Appendix 1. Section 1.4 provides a categorical exclusion for law
enforcement and legal transactions, including arrests and
investigations. In addition, the final supplementary rule does not meet
any of the ten criteria for exceptions to categorical exclusions listed
in 516 DM, Chapter 2, Appendix 2. Pursuant to Council on Environmental
Quality regulations (40 CFR 1508.4) and the environmental policies and
procedures of the Department of the Interior, the term ``categorical
exclusion'' means a category of actions which do not individually or
cumulatively have a significant effect on the human environment and
that have been found to have no such effect in procedures adopted by a
Federal agency, and for which neither an environmental assessment nor
environmental impact statement is required.
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This final supplementary rule is not a significant energy action.
The final rule will not have an adverse effect on energy supplies,
production or consumption. It only addresses the possession of
alcoholic beverages on public lands, and has no conceivable connection
with energy policy.
Author
The principal author of this supplementary rule is Lyle Shaver,
Special Agent-in-Charge, Arizona State Office, Bureau of Land
Management, Department of the Interior.
Under the authority of 43 CFR 8365.1-6 and 43 U.S.C. 1733(a), the
Arizona State Director, Bureau of Land Management, issues a final
supplementary rule for public lands administered by the Arizona State
Office.
Supplementary Rule on Possession of Open Containers of Alcoholic
Beverages on Public Lands in the State of Arizona
The Arizona State Office issues this supplementary rule under the
Federal Land Policy and Management Act (FLPMA), 43 U.S.C. 1733(a),
1740, and 43 CFR 8365.1-6.
No person shall have in their possession, or on their person, an
open container that contains an alcoholic beverage while operating or
riding on/in a motor vehicle or off-road vehicle on public lands in the
State of Arizona administered by the BLM, Arizona State Office.
1. Definitions
The following definitions will apply to the supplementary rule:
a. A motor vehicle is defined as any self-propelled device in,
upon, or by which a person is or may be transported, including a
vehicle that is propelled by electric power. Exempt from this
definition are motorized wheelchairs. ``Off-road vehicle'' is defined
in 43 CFR 8340.0-5(a).
b. Operator means any person who operates, drives, controls, or
otherwise has charge of a mechanical mode of transportation or any
other mechanical equipment.
c. Public lands means any lands and interests in lands owned by the
United States and administered by the Secretary of the Interior through
the Bureau of Land Management without regard to how the United States
acquired ownership. This includes, but is not limited to, a paved or
unpaved parking lot or other paved or unpaved area where vehicles are
parked or areas where the public may drive a motorized vehicle, paved
or unpaved roads, roads, routes or trails.
d. Open container means any bottle, can, jar or other receptacle
that contains alcohol and that has been opened, has had its seal broken
or the contents of which have been partially removed.
2. Limitations
a. This section does not apply to:
i. An open container stored in the trunk of a motor vehicle or, if
a motor vehicle is not equipped with a trunk, to an open container
stored in some other portion of the motor vehicle designed for the
storage of luggage and not normally occupied by or readily accessible
to the operator or passengers; or
ii. An open container stored in the living quarters of a motor home
or camper; or
iii. Unless otherwise prohibited, an open container carried or
stored in a motor vehicle that is parked and the vehicle's occupant(s)
are camping.
iv. For the purpose of paragraph (a)(i) of this section, a utility
compartment or glove compartment is deemed to be readily accessible to
the operator and passengers of a motor vehicle.
Penalties
Under the Federal Land Policy and Management Act of 1976 43 U.S.C.
1733(a), and the Sentencing Reform Act of 1984, as amended, 18 U.S.C.
3551, 3571, persons who violate this restriction are subject to arrest
and, upon conviction, may be fined up to $100,000 and/or imprisoned for
not more than 12 months.
Elaine Y. Zielinski,
Arizona State Director.
[FR Doc. 05-16314 Filed 8-16-05; 8:45 am]
BILLING CODE 4310-32-P
