Establishment of Special Recreation Management Special Recreation Permit Fee Area, and Interim Final Supplementary Rules on Public Lands Within the Knolls Special Recreation Management Area Managed by the Salt Lake Field Office, UT, 52440-52443 [05-17507]
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52440
Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
Paperwork Reduction Act
Penalties
DEPARTMENT OF THE INTERIOR
These supplementary rules do 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.
Under section 303(a) of the Federal
Land Policy and Management Act of
1976 (43 U.S.C. 1733(a)) and 43 CFR
8360.0–7 if you violate any of these
supplementary rules on public lands
within the boundaries established in the
rules, you may be tried before a United
States Magistrate and fined no more
than $1,000 or imprisoned for no more
than 12 months, or both. Such
violations may also be subject to the
enhanced fines provided for by 18
U.S.C. 3571.
Bureau of Land Management
Author
The principal author of these
supplementary rules is Leah
Quesenberry, Outdoor Recreation
Planner, Royal Gorge Field Office,
Bureau of Land Management.
Supplementary Rules for the Gold Belt
Travel Management Plan Area
Under 43 CFR 8341.1, 8364.1, and
8365.1–6, the Bureau of Land
Management will enforce the following
rules on the public lands within the
Gold Belt Travel Management Plan area,
Royal Gorge Field Office, Colorado. You
must follow these rules:
Rules
1. In the Gold Belt Travel
Management Plan area (138,600 acres of
public land)—
a. You must not park a motorized
vehicle farther than 100 feet from a
designated road or trail;
b. You must not use a motorized
vehicle for camping more than 100 feet
from a designated road or trail;
c. You must not use a motorized
vehicle for retrieving game more than
100 feet from a designated road and
trail.
2. You must not ride mountain bikes
other than on designated roads and
trails on public lands in the Gold Belt
Travel Management Plan area.
3. You must not engage in recreational
target shooting on public lands in the
following areas: Garden Park Fossil Area
(3,000 acres), the Shelf Road
campgrounds and climbing area (2,900
acres), a one-quarter mile wide corridor
along Phantom Canyon Road (4,200
acres), and Penrose Commons (3,100
acres).
Exceptions
These supplementary rules do not
apply to emergency, law enforcement,
and Federal or other government
vehicles while being used for official or
other emergency purposes, or to any
other vehicle use that is expressly
authorized or otherwise officially
approved by BLM. The prohibition of
target shooting in rule 3 has no effect on
hunting by licensed hunters in
legitimate pursuit of game during the
proper season with appropriate
firearms, as defined by the Colorado
Division of Wildlife.
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Ron Wenker,
State Director, Colorado State Office.
[FR Doc. 05–17503 Filed 9–1–05; 8:45 am]
BILLING CODE 4310–JB–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[AZ–411–1232–FH]
Floating Permit To Change at Gila Box
Riparian National Conservation Area
AGENCY:
Bureau of Land Management,
Interior.
Change the permit required for
floating the Gila River from a Recreation
Use Permit to a Special Recreation
Permit.
ACTION:
SUMMARY: The Federal Lands Recreation
Enhancement Act (FLREA) requires that
the Bureau of Land Management (BLM)
change its fee collection at the Gila Box
Riparian National Conservation Area
(RNCA) from Recreation Use Permits to
Special Recreation Permits. This change
will only affect the Gila River floatboat
put-in facility along the Gila River. The
fee remains the same.
This change becomes effective
immediately upon termination of the
required 30-day public notification
process following publication of this
Notice.
DATES:
Jeff
Wilbanks, BLM Safford Field Office, 711
14th Avenue, Safford, AZ 85546; call
(928) 348–4573; or e-mail
Jeff_Wilbanks@blm.gov.
FOR FURTHER INFORMATION CONTACT:
Congress
passed the FLREA in 2004 as Public
Law 108–447.
SUPPLEMENTARY INFORMATION:
Dated: July 7, 2005.
Bonnie Winslow,
Acting Field Manager.
[FR Doc. 05–17506 Filed 9–1–05; 8:45 am]
BILLING CODE 4310–32–P
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[UT–020–1220–MA]
Establishment of Special Recreation
Management Special Recreation
Permit Fee Area, and Interim Final
Supplementary Rules on Public Lands
Within the Knolls Special Recreation
Management Area Managed by the Salt
Lake Field Office, UT
Bureau of Land Management,
Interior.
ACTION: Establishment of Special
Recreation Management Special
Recreation Permit Fee Area, and Interim
Final Supplementary Rules with request
for comments.
AGENCY:
SUMMARY: In accordance with the Knolls
Recreation Area Management Plan, the
Bureau of Land Management (BLM),
Salt Lake Field Office, is establishing a
special recreation permit fee area, and
issuing interim final supplementary
rules and requesting comments. These
interim final supplementary rules will
apply to public lands within the Knolls
Special Recreation Management Area
(SRMA) and will be effective until the
publication of a final supplementary
rule. The BLM has determined these
interim final supplementary rules are
necessary to enhance the safety of
visitors, protect natural resources,
improve recreation opportunities, and
protect public health.
DATES: The interim final supplementary
rules are effective September 2, 2005.
We invite comments until November 1,
2005.
ADDRESSES: Mail or hand deliver all
comments concerning the interim final
supplementary rules to the Bureau of
Land Management, Salt Lake Field
Office, 2370 S. 2300 W. Salt Lake City,
Utah 84119 or e-mail comments to
Mail_UT-Salt_Lake@ut.blm.gov.
FOR FURTHER INFORMATION CONTACT:
Mandy Rigby, Outdoor Recreation
Planner, 2370 S. 2300 W. Salt Lake City,
Utah 84119, 801–977–4300.
SUPPLEMENTARY INFORMATION:
I. Public Comment Procedures
Written comments on the interim
final supplementary rules should be
specific, confined to issues pertinent to
the interim final supplementary rules,
and should explain the reason for any
recommended change. Where possible,
comments should reference the specific
section or paragraph of the proposal
which the comment is addressing. BLM
may not necessarily consider or include
in the Administrative Record for the
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Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
final rule comments that BLM receives
after the close of the comment period
(see DATES), unless they are postmarked
or electronically dated before the
deadline, or comments delivered to an
address other than those listed above
(See ADDRESSES).
Comments, including names, street
addresses, and other contact
information of respondents, will be
available for public review at the Salt
Lake Field Office, 2370 S. 2300 W. Salt
Lake City, Utah 84119, during regular
business hours (7:45 a.m. to 3:45 p.m.),
Monday through Friday, except Federal
holidays. Individual respondents may
request confidentiality. If you wish to
request that BLM consider withholding
your name, street address, and other
contact information (such as: Internet
address, fax or phone number) from
public review or from disclosure under
the Freedom of Information Act, you
must state this prominently at the
beginning of your comment. BLM will
honor requests for confidentiality on a
case-by-case basis to the extent allowed
by law. BLM will make available for
public inspection in their entirety all
submissions from organizations or
businesses, and from individuals
identifying themselves as
representatives or officials of
organizations or businesses.
II. Background
The BLM is establishing these interim
final supplementary rules under the
authority of 43 CFR 8365.1–6, which
allows BLM State Directors to establish
such rules for the protection of persons,
property, and public lands and
resources. This provision allows the
BLM to issue rules of less than national
effect without codifying the rules in the
Code of Federal Regulations. Upon
completion, the rules will be available
for inspection in the Salt Lake Field
Office; the rules will be posted at the
Knolls Special Recreation Management
Area; and they will be published in a
newspaper of general circulation in the
affected vicinity. The overall program
authority for the operation of this
recreation site is found in sections 302
and 310 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C.
1732, 1740).
BLM finds good cause to publish
these supplementary rules on an interim
final basis, effective the date of
publication, because of health and
safety concerns due to current offhighway vehicle use within the Knolls
SRMA. A high amount of visitation is
occurring within the SRMA, which has
led to numerous safety concerns
including, but not limited to: glass and
campfire remains left in sand dune
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areas, target shooting, use of dangerous
motorcycle jumps, and excessive motor
vehicle speed on maintained roads.
The Knolls SRMA will be established
as a fee site requiring the issuance of
individual Special Recreation Permits.
The permit requirement and an
associated fee payment under 43 CFR
2932.31 will be enforced beginning on
March 1, 2006.
The public has been extensively
involved in planning for the
management of the area through the
Knolls Recreation Area Management
Plan (RAMP) process and review under
National Environmental Policy Act
(NEPA). The Knolls RAMP includes a
list of the supplementary rules that are
to be published concerning rules of
conduct for public use within the
SRMA. With the exception of the
prohibition of ramps and jumps without
a permit (see Section II.2 [l] below), all
of the interim final supplementary rules
were identified in the RAMP. The
prohibition against jumps and ramps is
a result of recent incidents of these
structures being constructed on sand
dunes in the SRMA, whose use can
result in serious injuries and death. The
comment period for these interim final
supplementary rules will allow the
public to comment on this additional
supplementary rule, as well as the
supplementary rules discussed in the
RAMP.
The Salt Lake Field Office has taken
the following steps to involve the public
in planning for the area and developing
the policies contained in the interim
final supplementary rules:
• As part of the NEPA process, we
published public notice of the initiation
of the Knolls RAMP and the
environmental review process on July
11, 2003.
• In February 2004, members of the
public, affected agencies, and interested
organizations were notified of the
completion of Draft Knolls RAMP.
Several methods were used to solicit
review and comments including the
mailing of copies of the Draft RAMP, a
news release issued in local papers and
on the Internet, and a mass mailing of
informational postcards.
• An open house meeting was
conducted on February 24, 2004. Those
attending included members of the
public, representatives from state and
Federal agencies, and off-highway
vehicle clubs and organizations.
• Comments were accepted through
mail, personal delivery, or by e-mail.
The Draft Knolls RAMP was available
for review at the Field Office or on the
Internet until March 2004. Comments
received were responded to in the Final
Knolls RAMP completed in July 2004.
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52441
Under these circumstances, the BLM
finds good cause to issue these interim
final supplementary rules to allow for
the protection of public health and
safety. The public is now invited to
provide additional comments on the
interim final supplementary rules. See
the DATES and ADDRESSES sections for
information on submitting comments.
III. Procedural Matters
Executive Order 12866, Regulatory
Planning and Review
These interim final supplementary
rules are not a significant regulatory
action and are not subject to review by
the Office of Management and Budget
under Executive Order 12866. These
interim final supplementary rules will
not have an effect of $100 million or
more on the economy. They are not
intended to affect commercial activity,
but contain rules of conduct for public
use of a certain recreational area. They
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.
These interim final supplementary rules
will not create a serious inconsistency
or otherwise interfere with an action
taken or planned by another agency.
The interim final supplementary rules
do not alter the budgetary effects of
entitlements, grants, user fees, or loan
programs or the right or obligations of
their recipients; nor do they raise novel
legal or policy issues. They mere impose
certain rules on recreational activities
on a limited portion of the public lands
in Utah in order to protect human
health, safety, and the environment.
Clarity of the Interim Final
Supplementary Rules
Executive Order 12866 requires each
agency to write regulations that are
simple and easy to understand. We
invite your comments on how to make
these interim final supplementary rules
easier to understand, including answers
to questions such as the following:
(1) Are the requirements in the
interim final supplementary rules
clearly stated?
(2) Do the interim final
supplementary rules contain technical
language or jargon that interferes with
their clarity?
(3) Does the format of the interim final
supplementary rules (grouping and
order of sections, use of headings,
paragraphing, etc.) air or reduce their
clarity?
(4) Would the interim final
supplementary rules be easier to
understand if they were divided into
more (but shorter) sections?
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Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
(5) Is the description of the interim
final supplementary rules in the
SUPPLMENTARY INFORMATION section of
this preamble helpful in understanding
the interim final supplementary rules?
How could this description be more
helpful in making the interim final
supplementary rules easier to
understand?
Please send any comments you have
on the clarity of the interim final
supplementary rules to the address
specified in the ADDRESSES section.
National Environmental Policy Act
BLM has prepared an environmental
assessment (EA) and has found that the
interim final supplementary rules
would not constitute a major Federal
action significantly affecting the quality
of the human environment under
section 102(2)(C) of the National
Environmental Policy Act of 1969
(NEPA), 42 U.S.C. 4332(2)(C). The
interim final supplementary rules
merely contain rules of conduct for the
Knolls SRMA. These rules are designed
to protect the environment and the
public health and safety. A detailed
statement under NEPA is not required.
BLM has placed the EA and the Finding
of No Significant Impact (FONSI) on file
in the BLM Administrative Record at
the address specified in the ADDRESSES
section.
Regulatory Flexibility Act
Congress enacted the Regulatory
Flexibility Act (RFA) of 1980, as
amended, 5 U.S.C. 601–612, 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 interim final
supplementary rules do not pertain
specifically to commercial or
governmental entities of any size, but to
public recreational use of specific
public lands. Therefore, BLM has
determined under the RFA that these
interim final supplementary rules
would not have a significant economic
impact on a substantial number of small
entities.
Small Business Regulatory Enforcement
Fairness Act (SBREFA)
These interim final supplementary
rules do not constitute a ‘‘major rule’’ as
defined at 5 U.S.C. 804(2). The interim
final supplementary rules merely
contain rules of conduct for recreational
use of certain public lands. The interim
final supplementary rules have no effect
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on business, commercial, or industrial
use of the public lands.
Consultation and Coordination With
Indian Tribal Governments (E.O. 13175)
Unfunded Mandates Reform Act
These interim final supplementary
rules do not impose an unfunded
mandate on state, local, or Tribal
governments or the private sector of
more than $100 million per year; nor do
these interim final supplementary rules
have a significant or unique effect on
state, local, or tribal governments or the
private sector. The interim final
supplementary rules do not require
anything of state, local, or Tribal
governments. Therefore, BLM is not
required to prepare a statement
containing the information required by
the Unfunded Mandates Reform Act (2
U.S.C. 1531 et seq.).
In accordance with Executive Order
13175, we have found that these interim
final supplementary rules do not
include policies that have Tribal
implications. The interim final
supplementary rules do not affect lands
held for the benefit of Indians, Aleuts,
or Eskimos.
Executive Order 12630, Governmental
Actions and Interference With
Constitutionally Protected Property
Rights (Takings)
The interim final supplementary rules
do not represent a government action
capable of interfering with
constitutionally protected property
rights. The interim final supplementary
rules do not address property rights in
any form, and do not cause the
impairment of anybody’s property
rights. Therefore, the Department of the
Interior has determined that these
interim final supplementary rules
would not cause a taking of private
property or require further discussion of
takings implications under this
Executive Order.
Executive Order 13132, Federalism
The interim final supplementary rules
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 responsibilities among the
various levels of government. The
interim final supplementary rules affect
land in only one state, Utah, and do not
address jurisdictional issues involving
the state government. Therefore, in
accordance with Executive Order 13132,
BLM has determined that these interim
final supplementary rules do not have
sufficient Federalism implications to
warrant preparation of a Federalism
Assessment.
Executive Order 12988, Civil Justice
Reform
Under Executive Order 12988, the
Office of the Solicitor has determined
that these interim final supplementary
rules will not unduly burden the
judicial system and that they meet the
requirements of sections 3(a) and 3(b)(2)
of the Order.
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Paperwork Reduction Act
These interim final supplementary
rules do not contain information
collection requirements that the Office
of Management and Budget must
approve under the Paperwork Reduction
Act, 44 U.S.C. 3501 et seq.
Author
The principal author of these interim
final supplementary rules is Mandy
Rigby, Outdoor Recreation Planner, Salt
Lake Field Office, Bureau of Land
Management.
Interim Final Supplementary Rules for
the Knolls Special Recreation
Management Area
Sec. 1 Definitions
Knolls Special Recreation
Management Area (SRMA). The Knolls
SRMA encompasses public lands
located in:
T. 1 S., R. 12 W., SLM, Secs. 19–23
south of the railroad grade, and 26–
35.
T. 2 S., R. 12 W., SLM, Secs. 2–11, and
14–18.
T. 1 S., R. 13 W., SLM, Secs. 19–24
south of the railroad grade, and 25–
36.
T. 2 S., R. 13 W., SLM, Secs. 1–13.
Off-highway vehicle. Any motorized
vehicle capable of, or designed for,
travel on or immediately over land,
water, or other natural terrain,
excluding: (1) Any nonamphibious
registered motorboat; (2) Any military,
fire, emergency, or law enforcement
vehicle being used for emergency
purposes; (3) Any vehicle whose use is
expressly authorized by the authorized
officer, or otherwise officially approved;
(4) Vehicles in official use; and (5) Any
combat or combat support vehicle when
used in times of national defense
emergencies.
Primary vehicle: A street legal vehicle
used for transportation to the recreation
site.
Dangerous weapon(s): Any weapon
that in the manner of its use, or
intended use, is capable of causing
death or serious bodily injury.
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Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
Sec. 2 Prohibited Acts
a. You must not discharge or use
firearms or other dangerous weapons for
the purpose of target shooting. This does
not include the discharge of firearms or
dangerous weapons while person(s) are
engaged in bona fide hunting activities
during established hunting seasons and
are properly licensed for these activities.
b. You must not use or possess to use
any glass containers outside of enclosed
vehicles, camp trailers, or tents.
c. You must not use or possess to use
as firewood any materials containing
nails, screws, or other metal hardware,
including, but not limited to, wood
pallets and/or construction debris.
d. You must not use an accelerant for
the purposes of igniting a campfire.
However, you may ignite any campfire
or other material used for cooking
purposes, by using any commercially
purchased charcoal igniter or other nonhazardous fuels.
e. You must not drive a motor vehicle
through any campfire, or through any
flaming debris or other flaming
material(s).
f. You must not burn any potentially
hazardous material including, but not
limited to, gasoline, oil, plastic, and
magnesium.
g. You must not ignite a campfire
outside the confines of a fire pan or
other container. All ashes and unburned
fuel from campfires may be disposed of
in a small pit excavated with hand tools
as long as the material being disposed
of is mostly ash. You must not dispose
of non-flammable materials in a fire on
public lands. BLM may authorize large
bonfires, which would go beyond the
limit of a fire pan, by permit on a caseby-case basis.
h. You must not operate a motorized
vehicle in excess of the posted speed
limit on any maintained roadway within
the SRMA.
i. You must not operate a motorized
vehicle in excess of 15 m.p.h. off of
established or maintained roadways
within 50 feet of any animals, people, or
vehicles.
j. You must not operate or use any
audio device, including, but not limited
to, a radio, television, musical
instrument, other noise producing
device, or motorized equipment
between the hours of 10 p.m. and 6 a.m.
in a manner that makes unreasonable
noise that disturbs other visitors.
k. You must not operate an offhighway vehicle without a properly
installed spark arrestor.
l. You must not use or possess any
man-made ramp or jump, for the
purposes of performing acrobatic or
aerial stunts.
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m. You must not enter, camp, park or
stay longer than one half hour within
the SRMA without properly paying
required permit fees. Permits must be
purchased and visibly displayed in the
windshield of all primary vehicles with
the date side facing out.
n. You must not camp or use
motorized vehicles within 200 feet of
any perennial water source or
impoundment.
improved, streamlined program, but
may also serve as a model for other
Federal agencies.
Sec. 3 Penalties
Any person who violates any of these
supplementary rules may be tried before
a United States Magistrate and fined no
more than $1,000 or imprisoned for no
more than 12 months, or both. 43 U.S.C.
1733(a); 43 CFR 8360.0–7. Such
violations may also be subject to the
enhanced fines provided for by 18
U.S.C. 3571.
Under provisions of the Paperwork
Reduction Act of 1995 and 5 CFR part
1320, Reporting and Record Keeping
Requirements, the NPS invites
comments on the need for gathering the
information in the proposed survey.
Comments are invited on: (1) The
practical utility of the information being
gathered; (2) the accuracy of the burden
hour estimate; (3) ways to enhance the
quality, utility, and clarity of the
information to be collected; and (4)
ways to minimize the burden to
respondents, including use of
automated information collection
techniques or other forms of information
technology.
DATES: Public comments will be
accepted on or before November 1,
2005.
Send Comments To: Joy M.
Pietschmann, National Park Service,
Servicewide Volunteer Program
Coordinator, 1849 C Street NW., 2450,
Washington, DC 20240.
FOR FURTHER INFORMATION CONTACT: Joy
M. Pietschmann, 202–513–7141.
SUPPLEMENTARY INFORMATION: Title:
National Park Service Volunteers-InParks Program Assessment.
OMB Number: To be requested.
Expiration Date: To be requested.
Type of Request: Request for new
clearance.
Description of Need: The NPS
Volunteers-In-Parks program is
authorized by the Volunteers in the
Parks Act of 1969 (16 U.S.C. 18g–18j).
The Volunteers in the Parks Act of 1969
as originally enacted was Public Law
91–357. Volunteering is an American
tradition that over the years has made
an immeasurable contribution to
communities, organizations, and
individuals throughout the country.
Volunteers are vital to the success of the
NPS. The VIP program can accept and
use voluntary help and services from
the public, in a way that is mutually
beneficial to the NPS and the volunteer.
In FY2004 140,000 volunteers donated 5
million hours of service to their national
parks at a value of $85.9 million. VIPs
come from every state and many
different countries to help preserve and
protect America’s natural and cultural
Dated: June 15, 2005.
Sally Wisely,
State Director.
[FR Doc. 05–17507 Filed 9–1–05; 8:45 am]
BILLING CODE 4310–DK–P
DEPARTMENT OF THE INTERIOR
National Park Service
60-Day Notice of Intention To Request
Clearance of Collection of Information;
Opportunity for Public Comment
Department of the Interior,
National Park Service.
ACTION: Notice and request for
comments.
AGENCY:
SUMMARY: The National Park Service
(NPS) Volunteers-In-Parks (VIP)
program (Pub. L. 91–357) is collecting
information from volunteers in the form
of a survey for the purposes of
evaluating the program and its
effectiveness. In order to effectively
manage the increasing trend of
volunteerism in the NPS, it is
imperative that the agency assess its
strengths and weaknesses and
determine methods for improved
efficiency. A servicewide volunteer
program assessment has not been
conducted to date. Current VIPs will be
surveyed (mail-back/Internet-based
questionnaire) during this process to
collect information about the current
status and needs of the program. In
addition, follow-up focus groups (3 with
up to 20 participants each) and
telephone interviews (up to 40) will be
conducted to acquire detailed data
expanding on questionnaire results).
Recommendations for improvements
will be made based on the findings. This
process will not only aid in creating an
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Estimated
numbers of
Responses
Volunteers-In-Parks
Program Assessment
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6,100
Burden
hours
1,630
]]>Agencies
[Federal Register Volume 70, Number 170 (Friday, September 2, 2005)]
[Notices]
[Pages 52440-52443]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-17507]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[UT-020-1220-MA]
Establishment of Special Recreation Management Special Recreation
Permit Fee Area, and Interim Final Supplementary Rules on Public Lands
Within the Knolls Special Recreation Management Area Managed by the
Salt Lake Field Office, UT
AGENCY: Bureau of Land Management, Interior.
ACTION: Establishment of Special Recreation Management Special
Recreation Permit Fee Area, and Interim Final Supplementary Rules with
request for comments.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Knolls Recreation Area Management Plan,
the Bureau of Land Management (BLM), Salt Lake Field Office, is
establishing a special recreation permit fee area, and issuing interim
final supplementary rules and requesting comments. These interim final
supplementary rules will apply to public lands within the Knolls
Special Recreation Management Area (SRMA) and will be effective until
the publication of a final supplementary rule. The BLM has determined
these interim final supplementary rules are necessary to enhance the
safety of visitors, protect natural resources, improve recreation
opportunities, and protect public health.
DATES: The interim final supplementary rules are effective September 2,
2005. We invite comments until November 1, 2005.
ADDRESSES: Mail or hand deliver all comments concerning the interim
final supplementary rules to the Bureau of Land Management, Salt Lake
Field Office, 2370 S. 2300 W. Salt Lake City, Utah 84119 or e-mail
comments to Mail--UT-Salt--Lake@ut.blm.gov.
FOR FURTHER INFORMATION CONTACT: Mandy Rigby, Outdoor Recreation
Planner, 2370 S. 2300 W. Salt Lake City, Utah 84119, 801-977-4300.
SUPPLEMENTARY INFORMATION:
I. Public Comment Procedures
Written comments on the interim final supplementary rules should be
specific, confined to issues pertinent to the interim final
supplementary rules, and should explain the reason for any recommended
change. Where possible, comments should reference the specific section
or paragraph of the proposal which the comment is addressing. BLM may
not necessarily consider or include in the Administrative Record for
the
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final rule comments that BLM receives after the close of the comment
period (see DATES), unless they are postmarked or electronically dated
before the deadline, or comments delivered to an address other than
those listed above (See ADDRESSES).
Comments, including names, street addresses, and other contact
information of respondents, will be available for public review at the
Salt Lake Field Office, 2370 S. 2300 W. Salt Lake City, Utah 84119,
during regular business hours (7:45 a.m. to 3:45 p.m.), Monday through
Friday, except Federal holidays. Individual respondents may request
confidentiality. If you wish to request that BLM consider withholding
your name, street address, and other contact information (such as:
Internet address, fax or phone number) from public review or from
disclosure under the Freedom of Information Act, you must state this
prominently at the beginning of your comment. BLM will honor requests
for confidentiality on a case-by-case basis to the extent allowed by
law. BLM will make available for public inspection in their entirety
all submissions from organizations or businesses, and from individuals
identifying themselves as representatives or officials of organizations
or businesses.
II. Background
The BLM is establishing these interim final supplementary rules
under the authority of 43 CFR 8365.1-6, which allows BLM State
Directors to establish such rules for the protection of persons,
property, and public lands and resources. This provision allows the BLM
to issue rules of less than national effect without codifying the rules
in the Code of Federal Regulations. Upon completion, the rules will be
available for inspection in the Salt Lake Field Office; the rules will
be posted at the Knolls Special Recreation Management Area; and they
will be published in a newspaper of general circulation in the affected
vicinity. The overall program authority for the operation of this
recreation site is found in sections 302 and 310 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1732, 1740).
BLM finds good cause to publish these supplementary rules on an
interim final basis, effective the date of publication, because of
health and safety concerns due to current off-highway vehicle use
within the Knolls SRMA. A high amount of visitation is occurring within
the SRMA, which has led to numerous safety concerns including, but not
limited to: glass and campfire remains left in sand dune areas, target
shooting, use of dangerous motorcycle jumps, and excessive motor
vehicle speed on maintained roads.
The Knolls SRMA will be established as a fee site requiring the
issuance of individual Special Recreation Permits. The permit
requirement and an associated fee payment under 43 CFR 2932.31 will be
enforced beginning on March 1, 2006.
The public has been extensively involved in planning for the
management of the area through the Knolls Recreation Area Management
Plan (RAMP) process and review under National Environmental Policy Act
(NEPA). The Knolls RAMP includes a list of the supplementary rules that
are to be published concerning rules of conduct for public use within
the SRMA. With the exception of the prohibition of ramps and jumps
without a permit (see Section II.2 [l] below), all of the interim final
supplementary rules were identified in the RAMP. The prohibition
against jumps and ramps is a result of recent incidents of these
structures being constructed on sand dunes in the SRMA, whose use can
result in serious injuries and death. The comment period for these
interim final supplementary rules will allow the public to comment on
this additional supplementary rule, as well as the supplementary rules
discussed in the RAMP.
The Salt Lake Field Office has taken the following steps to involve
the public in planning for the area and developing the policies
contained in the interim final supplementary rules:
As part of the NEPA process, we published public notice of
the initiation of the Knolls RAMP and the environmental review process
on July 11, 2003.
In February 2004, members of the public, affected
agencies, and interested organizations were notified of the completion
of Draft Knolls RAMP. Several methods were used to solicit review and
comments including the mailing of copies of the Draft RAMP, a news
release issued in local papers and on the Internet, and a mass mailing
of informational postcards.
An open house meeting was conducted on February 24, 2004.
Those attending included members of the public, representatives from
state and Federal agencies, and off-highway vehicle clubs and
organizations.
Comments were accepted through mail, personal delivery, or
by e-mail. The Draft Knolls RAMP was available for review at the Field
Office or on the Internet until March 2004. Comments received were
responded to in the Final Knolls RAMP completed in July 2004.
Under these circumstances, the BLM finds good cause to issue these
interim final supplementary rules to allow for the protection of public
health and safety. The public is now invited to provide additional
comments on the interim final supplementary rules. See the DATES and
ADDRESSES sections for information on submitting comments.
III. Procedural Matters
Executive Order 12866, Regulatory Planning and Review
These interim final supplementary rules are not a significant
regulatory action and are not subject to review by the Office of
Management and Budget under Executive Order 12866. These interim final
supplementary rules will not have an effect of $100 million or more on
the economy. They are not intended to affect commercial activity, but
contain rules of conduct for public use of a certain recreational area.
They 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. These
interim final supplementary rules will not create a serious
inconsistency or otherwise interfere with an action taken or planned by
another agency. The interim final supplementary rules do not alter the
budgetary effects of entitlements, grants, user fees, or loan programs
or the right or obligations of their recipients; nor do they raise
novel legal or policy issues. They mere impose certain rules on
recreational activities on a limited portion of the public lands in
Utah in order to protect human health, safety, and the environment.
Clarity of the Interim Final Supplementary Rules
Executive Order 12866 requires each agency to write regulations
that are simple and easy to understand. We invite your comments on how
to make these interim final supplementary rules easier to understand,
including answers to questions such as the following:
(1) Are the requirements in the interim final supplementary rules
clearly stated?
(2) Do the interim final supplementary rules contain technical
language or jargon that interferes with their clarity?
(3) Does the format of the interim final supplementary rules
(grouping and order of sections, use of headings, paragraphing, etc.)
air or reduce their clarity?
(4) Would the interim final supplementary rules be easier to
understand if they were divided into more (but shorter) sections?
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(5) Is the description of the interim final supplementary rules in
the SUPPLMENTARY INFORMATION section of this preamble helpful in
understanding the interim final supplementary rules? How could this
description be more helpful in making the interim final supplementary
rules easier to understand?
Please send any comments you have on the clarity of the interim
final supplementary rules to the address specified in the ADDRESSES
section.
National Environmental Policy Act
BLM has prepared an environmental assessment (EA) and has found
that the interim final supplementary rules would not constitute a major
Federal action significantly affecting the quality of the human
environment under section 102(2)(C) of the National Environmental
Policy Act of 1969 (NEPA), 42 U.S.C. 4332(2)(C). The interim final
supplementary rules merely contain rules of conduct for the Knolls
SRMA. These rules are designed to protect the environment and the
public health and safety. A detailed statement under NEPA is not
required. BLM has placed the EA and the Finding of No Significant
Impact (FONSI) on file in the BLM Administrative Record at the address
specified in the ADDRESSES section.
Regulatory Flexibility Act
Congress enacted the Regulatory Flexibility Act (RFA) of 1980, as
amended, 5 U.S.C. 601-612, 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 interim final supplementary
rules do not pertain specifically to commercial or governmental
entities of any size, but to public recreational use of specific public
lands. Therefore, BLM has determined under the RFA that these interim
final supplementary rules would not have a significant economic impact
on a substantial number of small entities.
Small Business Regulatory Enforcement Fairness Act (SBREFA)
These interim final supplementary rules do not constitute a ``major
rule'' as defined at 5 U.S.C. 804(2). The interim final supplementary
rules merely contain rules of conduct for recreational use of certain
public lands. The interim final supplementary rules have no effect on
business, commercial, or industrial use of the public lands.
Unfunded Mandates Reform Act
These interim final supplementary rules do not impose an unfunded
mandate on state, local, or Tribal governments or the private sector of
more than $100 million per year; nor do these interim final
supplementary rules have a significant or unique effect on state,
local, or tribal governments or the private sector. The interim final
supplementary rules do not require anything of state, local, or Tribal
governments. Therefore, BLM is not required to prepare a statement
containing the information required by the Unfunded Mandates Reform Act
(2 U.S.C. 1531 et seq.).
Executive Order 12630, Governmental Actions and Interference With
Constitutionally Protected Property Rights (Takings)
The interim final supplementary rules do not represent a government
action capable of interfering with constitutionally protected property
rights. The interim final supplementary rules do not address property
rights in any form, and do not cause the impairment of anybody's
property rights. Therefore, the Department of the Interior has
determined that these interim final supplementary rules would not cause
a taking of private property or require further discussion of takings
implications under this Executive Order.
Executive Order 13132, Federalism
The interim final supplementary rules 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
responsibilities among the various levels of government. The interim
final supplementary rules affect land in only one state, Utah, and do
not address jurisdictional issues involving the state government.
Therefore, in accordance with Executive Order 13132, BLM has determined
that these interim final supplementary rules do not have sufficient
Federalism implications to warrant preparation of a Federalism
Assessment.
Executive Order 12988, Civil Justice Reform
Under Executive Order 12988, the Office of the Solicitor has
determined that these interim final supplementary rules will not unduly
burden the judicial system and that they meet the requirements of
sections 3(a) and 3(b)(2) of the Order.
Consultation and Coordination With Indian Tribal Governments (E.O.
13175)
In accordance with Executive Order 13175, we have found that these
interim final supplementary rules do not include policies that have
Tribal implications. The interim final supplementary rules do not
affect lands held for the benefit of Indians, Aleuts, or Eskimos.
Paperwork Reduction Act
These interim final supplementary rules do not contain information
collection requirements that the Office of Management and Budget must
approve under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
Author
The principal author of these interim final supplementary rules is
Mandy Rigby, Outdoor Recreation Planner, Salt Lake Field Office, Bureau
of Land Management.
Interim Final Supplementary Rules for the Knolls Special Recreation
Management Area
Sec. 1 Definitions
Knolls Special Recreation Management Area (SRMA). The Knolls SRMA
encompasses public lands located in:
T. 1 S., R. 12 W., SLM, Secs. 19-23 south of the railroad grade, and
26-35.
T. 2 S., R. 12 W., SLM, Secs. 2-11, and 14-18.
T. 1 S., R. 13 W., SLM, Secs. 19-24 south of the railroad grade, and
25-36.
T. 2 S., R. 13 W., SLM, Secs. 1-13.
Off-highway vehicle. Any motorized vehicle capable of, or designed
for, travel on or immediately over land, water, or other natural
terrain, excluding: (1) Any nonamphibious registered motorboat; (2) Any
military, fire, emergency, or law enforcement vehicle being used for
emergency purposes; (3) Any vehicle whose use is expressly authorized
by the authorized officer, or otherwise officially approved; (4)
Vehicles in official use; and (5) Any combat or combat support vehicle
when used in times of national defense emergencies.
Primary vehicle: A street legal vehicle used for transportation to
the recreation site.
Dangerous weapon(s): Any weapon that in the manner of its use, or
intended use, is capable of causing death or serious bodily injury.
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Sec. 2 Prohibited Acts
a. You must not discharge or use firearms or other dangerous
weapons for the purpose of target shooting. This does not include the
discharge of firearms or dangerous weapons while person(s) are engaged
in bona fide hunting activities during established hunting seasons and
are properly licensed for these activities.
b. You must not use or possess to use any glass containers outside
of enclosed vehicles, camp trailers, or tents.
c. You must not use or possess to use as firewood any materials
containing nails, screws, or other metal hardware, including, but not
limited to, wood pallets and/or construction debris.
d. You must not use an accelerant for the purposes of igniting a
campfire. However, you may ignite any campfire or other material used
for cooking purposes, by using any commercially purchased charcoal
igniter or other non-hazardous fuels.
e. You must not drive a motor vehicle through any campfire, or
through any flaming debris or other flaming material(s).
f. You must not burn any potentially hazardous material including,
but not limited to, gasoline, oil, plastic, and magnesium.
g. You must not ignite a campfire outside the confines of a fire
pan or other container. All ashes and unburned fuel from campfires may
be disposed of in a small pit excavated with hand tools as long as the
material being disposed of is mostly ash. You must not dispose of non-
flammable materials in a fire on public lands. BLM may authorize large
bonfires, which would go beyond the limit of a fire pan, by permit on a
case-by-case basis.
h. You must not operate a motorized vehicle in excess of the posted
speed limit on any maintained roadway within the SRMA.
i. You must not operate a motorized vehicle in excess of 15 m.p.h.
off of established or maintained roadways within 50 feet of any
animals, people, or vehicles.
j. You must not operate or use any audio device, including, but not
limited to, a radio, television, musical instrument, other noise
producing device, or motorized equipment between the hours of 10 p.m.
and 6 a.m. in a manner that makes unreasonable noise that disturbs
other visitors.
k. You must not operate an off-highway vehicle without a properly
installed spark arrestor.
l. You must not use or possess any man-made ramp or jump, for the
purposes of performing acrobatic or aerial stunts.
m. You must not enter, camp, park or stay longer than one half hour
within the SRMA without properly paying required permit fees. Permits
must be purchased and visibly displayed in the windshield of all
primary vehicles with the date side facing out.
n. You must not camp or use motorized vehicles within 200 feet of
any perennial water source or impoundment.
Sec. 3 Penalties
Any person who violates any of these supplementary rules may be
tried before a United States Magistrate and fined no more than $1,000
or imprisoned for no more than 12 months, or both. 43 U.S.C. 1733(a);
43 CFR 8360.0-7. Such violations may also be subject to the enhanced
fines provided for by 18 U.S.C. 3571.
Dated: June 15, 2005.
Sally Wisely,
State Director.
[FR Doc. 05-17507 Filed 9-1-05; 8:45 am]
BILLING CODE 4310-DK-P
