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]

Download as PDF 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. VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 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 PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 [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 E:\FR\FM\02SEN1.SGM 02SEN1 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 VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 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. PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 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? E:\FR\FM\02SEN1.SGM 02SEN1 52442 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 VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 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. PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 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. E:\FR\FM\02SEN1.SGM 02SEN1 52443 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. VerDate Aug<18>2005 18:00 Sep 01, 2005 Jkt 205001 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 PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 Estimated numbers of Responses Volunteers-In-Parks Program Assessment E:\FR\FM\02SEN1.SGM 02SEN1 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]


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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

[[Page 52441]]

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?

[[Page 52442]]

    (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.

[[Page 52443]]

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