Notice of Interim Final Supplementary Rules on Public Lands in Shasta County, CA, 20725-20729 [E6-5991]

Download as PDF Federal Register / Vol. 71, No. 77 / Friday, April 21, 2006 / Notices Classification Comments: Interested parties may submit comments involving the suitability of the land for a public safety training center. Comments on the classification are restricted to whether the land is physically suited for the proposal, whether the use will maximize the future use or uses of the land, whether the use is consistent with local planning and zoning, or if the use is consistent with State and Federal programs. The classification of the land described in this Notice will become effective 60 days from the date of publication of this notice in the Federal Register. The lands will not be offered for lease/conveyance until after the classification becomes effective. Application Comments: Interested parties may submit comments regarding the specific use proposed in the application and plan of development, whether the BLM followed proper administrative procedures in reaching the decision, or any other factor not directly related to the suitability of the land for a public safety training center. Any adverse comments will be reviewed by the State Director who may sustain, vacate, or modify this realty action. In the absence of any adverse comments, this realty action will become the final determination of the Department of the Interior. Dated: March 14, 2006. Frederic Marcell, Acting Assistant Field Manager, Division of Lands, Las Vegas, NV. [FR Doc. E6–5952 Filed 4–20–06; 8:45 am] BILLING CODE 4310–HC–P DEPARTMENT OF INTERIOR Bureau of Land Management [NV–010–06–1220–PA] Notice of Travel Restriction to OffRoad Vehicles Bureau of Land Management, Interior. ACTION: Notice of off-road vehicle (ORV), also referred to as off-highway vehicle (OHV), travel restriction to motorized use on public lands in the Elko Field Office, Spruce Mountain Area, Nevada Department of Wildlife Hunt Unit 105. AGENCY: Pursuant to 43 Code of Federal Regulations 8341.2, effective on publication of this Notice; off-road vehicles (ORV) travel is restricted to existing roads and two-tracks (approximately 850 miles) on public lands on and in the vicinity of Spruce Mountain, south of Wells, Nevada. The public lands affected by this restriction rwilkins on PROD1PC63 with NOTICES SUMMARY: VerDate Aug<31>2005 17:21 Apr 20, 2006 Jkt 208001 are located in portions of T. 29 N., R. 64 E; T. 30 N., R. 63 thru 65 E.; and T. 31 thru 34 N., R. 62 thru 66 E., MDM, Elko County, Nevada. This notice also prohibits competitive events on public lands in the area. The purpose of this action is to protect important cultural resources and wildlife habitats. DATES: Effective Dates: This notice is effective immediately and shall remain in effect until BLM completes a land use plan revision (currently scheduled for 2009) and a Record of Decision. FOR FURTHER INFORMATION CONTACT: Clinton R. Oke, Assistant Field Manager, Non Renewable Resources, Elko Field Office. 3900 E. Idaho Street, Elko, Nevada, 89801, telephone (775)– 753–0200. SUPPLEMENTARY INFORMATION: In 1985, the Wells and Elko Resource Management Plans (RMP) designated the majority of public lands managed by the BLM Elko Field Office as ‘‘open’’ to off-road vehicle use. Since that time, improvements to OHV and all-terrain vehicle design, capability, affordability and popularity have led to more numerous and widespread presence of these motorized vehicles. This increased use is creating adverse impacts to important cultural resources and wildlife habitat. The BLM Elko Field Office is seeking input from interested publics, organizations, and agencies for a Travel Management Plan for the Spruce Mountain Area, NDOW Hunt Unit 105. This Travel Management Plan will also have input from the Northeastern Great Basin Resource Advisory Council (RAC). Any travel limitations recommended will be considered in the Resource Management Plan (RMP) revision process. Maps of the travel restricted area are available for review at the above address. The purpose of the temporary travel restriction is to protect important cultural resources and wildlife habitat, and address imminent adverse impacts from ORV use off of existing roads and two-tracks. Authority: This notice issued under the authority of 43 CFR 8341.2. Violations of this restriction are punishable by a fine not to exceed $1,000 and/or imprisonment not to exceed 12 months as provided. Exemptions from this restriction will apply for BLM authorized permittees related to their ranching operations as described within the terms and conditions of their existing permits, official Nevada State and Elko County business and BLM law enforcement. The authorized officer may make other exemptions to the restrictions on a caseby-case basis. PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 20725 Dated: February 23, 2006. Helen M. Hankins, Field Office Manager. [FR Doc. E6–5992 Filed 4–20–06; 8:45 am] BILLING CODE 4310–HC–P DEPARTMENT OF THE INTERIOR Bureau of Land Management [CA–360–05–1220–DA] Notice of Interim Final Supplementary Rules on Public Lands in Shasta County, CA Bureau of Land Management, Interior. ACTION: Notice of Interim Final Supplementary Rules for public lands within the Swasey Drive Planning Area, Redding Field Office, Redding, California. AGENCY: SUMMARY: The Bureau of Land Management (BLM) Redding Field Office is publishing interim final supplementary rules applicable to public lands within the Swasey Drive Planning Area, as identified in the Swasey Drive Area Implementation Plan. The interim final supplementary rules will govern activities such as target shooting, motor vehicle use, and camping on public lands managed by the Redding Field Office. These interim final supplementary rules are needed to protect recreation opportunities, public health and safety, and cultural and natural resources in accordance with the Swasey Drive Area Implementation Plan/Environmental Assessment and Decision Record (DR) of September 2004. DATES: The interim final supplementary rules are effective April 21, 2006. We invite comments until June 20, 2006. ADDRESSES: Mail or hand deliver all comments concerning the interim final supplementary rules to the Bureau of Land Management, Redding Field Office, 355 Hemsted Drive, Redding, CA 96002; or you may access the Federal eRulemaking Portal: http:// www.regulations.gov. Copies of the Swasey Drive Area Implementation Plan and Decision Record can be obtained at the BLM Redding Field Office, 355 Hemsted Drive, Redding, CA 96002, (530) 224– 2100. FOR FURTHER INFORMATION CONTACT: William Kuntz, Outdoor Recreation Planner, Bureau of Land Management, Redding Field Office, 355 Hemsted Drive, Redding, CA 96002, phone (530) 224–2100 or by e-mail at wkuntz@ca.blm.gov. Internet access to E:\FR\FM\21APN1.SGM 21APN1 20726 Federal Register / Vol. 71, No. 77 / Friday, April 21, 2006 / Notices the Swasey Drive Area Implementation Plan and Decision Record is available at: http://www.ca.blm.gov/redding. BLM will also announce the interim final supplementary rules through local media outlets and post this notice with a map of the affected areas at key locations that provide access to the area. SUPPLEMENTARY INFORMATION: I. Public Comment Procedures II. Background III. Procedural Matters IV. Interim Final Supplementary Rules rwilkins on PROD1PC63 with NOTICES I. Public Comment Procedures Written comments on these 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 rule that the comment is addressing. BLM need not consider or include in the Administrative Record for the final rule: (a) Comments that BLM receives after the close of the comment period (see DATES), unless they are postmarked or electronically dated before the deadline, or (b) comments delivered to an address other than those listed above (See ADDRESSES). You may also access and comment on the interim final supplementary rules at the Federal eRulemaking Portal by following the instructions at that site (see ADDRESSES). Comments, including names, street addresses, and other contact information of respondents, will be available for public review at the Redding Field Office, 355 Hemsted Drive, Redding, CA 96002, 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-bycase 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. VerDate Aug<31>2005 17:21 Apr 20, 2006 Jkt 208001 II. Background In the Redding Resource Management Plan and Record of Decision of June 1993, the area known as Swasey Drive was designated an Area of Critical Environmental Concern (ACEC). Because of this decision, BLM identified these lands for retention and decided to write a subsequent management plan for the area. The Swasey Drive ACEC and surrounding planning area includes approximately 1,250 acres. It is used by researchers, hikers, mountain bikers, equestrians, campers, off-road vehicle users, and target shooters. Trails within this area are linked to the National Park Service’s Whiskeytown National Recreation Area. Because of the intensive use of the area by the public, BLM implemented some restrictions in 1998 to limit off-road vehicle use and target shooting. These restrictions were designed to protect public health and safety and to protect sensitive cultural resources within the ACEC and the surrounding areas until BLM could complete a detailed management plan. As a result of a growing population, the development of residential housing on private lands around the Swasey Drive area, and the increasing popularity of the area for non-motorized recreation activities, the human use of the area has increased. Target shooting in the area has also increased, as has illegal trash dumping and underage drinking. The combination of increased recreational use as well as increased levels of target shooting, trash dumping, and underage drinking has created a condition that places the public at risk. In May 2001, BLM held an initial public scoping meeting for the development of the Swasey Drive Implementation Plan. The meeting was attended by a broad range of individuals, groups, tribes, and agencies. In 2004, the BLM completed the Swasey Drive Area Implementation Plan. As a result of the plan, the specific restrictions in the decision record are implemented in these interim final supplementary rules. The purpose of the interim final supplementary rules is to protect the historic and prehistoric cultural resources and public health and safety. Also, the rules will help maintain the natural resources and recreation opportunities within the Swasey Drive ACEC and associated public lands. Restrictions on camping and nighttime use will curtail illegal trash dumping and underage drinking, which have been ongoing concerns for many years. BLM provided for substantial public participation and coordination during PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 the development of the Swasey Drive Implementation Plan and Environmental Assessment. Public participation included one public scoping meeting attended by 65 individuals. BLM received 29 formal responses (letters and e-mails) as a result of the scoping solicitation. The timing of this action is important due to the danger that long rifle target shooting poses for local residents and other users of the area. Numerous reports from local area residents have stated that bullets have been found lodged in the walls of their homes or in the area around their homes. As recreational use increases with a parallel increase in target shooting, the likelihood of an accident occurring rises dramatically. In 2001, BLM used a risk management process to determine the low, medium, high, and extremely high risk management levels of target shooting in this area. We determined that the risk of death caused by this activity could not be mitigated sufficiently over the long term with BLM’s limited personnel and current regulations. In short, if these interim final rules are not issued, there is an increasing risk that a recreational visitor or local resident in the adjacent subdivision will be seriously injured or killed by a poorly aimed or skipping/ ricocheting bullet. These issues were fully discussed in the scoping meeting. Therefore, due to the increased and increasing safety concerns, and the previous opportunities for public participation, BLM finds that promulgating these supplementary rules as proposed rules would be impracticable, unnecessary, and contrary to the public interest. As such, there is good cause to publish these supplementary rules in interim final form. Similar considerations of good cause support an immediate effective date, i.e. the date of publication for these rules. We will publish final supplementary rules that respond to any public comments, or confirm the supplementary rules as final if we receive no compelling arguments to amend the interim final supplementary rules. The authorities for these interim final supplementary rules are 43 CFR 8360.0– 7, 8364.1 and 8365.1–6. 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 E:\FR\FM\21APN1.SGM 21APN1 Federal Register / Vol. 71, No. 77 / Friday, April 21, 2006 / Notices not have an annual effect of $100 million or more on the economy. 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. These interim final supplementary rules do not materially alter the budgetary effects of entitlements, grants, user fees, or loan programs or the rights or obligations of their recipients, nor do they raise novel legal or policy issues. They merely impose rules of conduct and other limitations on certain recreational activities at a limited planning area to protect natural and cultural resources and human health and safety. rwilkins on PROD1PC63 with NOTICES 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.) aid or reduce their clarity? (4) Would the interim final supplementary rules be easier to understand if they were divided into more (but shorter) sections? (5) Is the discussion of the interim final supplementary rules in the SUPPLEMENTARY INFORMATION section of this preamble helpful to your understanding of these supplementary rules? How could this material 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 a Decision Record for the Swasey Drive Implementation Plan. Within the Plan/EA and subsequent DR, analysis was provided as a basis for the interim final supplementary rules. The Swasey Drive Implementation Plan/EA provided VerDate Aug<31>2005 17:21 Apr 20, 2006 Jkt 208001 management alternatives, public participation, law enforcement logs, soil analyses, and projected firearm ammunition distances. The Plan and EA called for the restriction of firearms target shooting to the use of shotguns within the existing Swasey Drive target shooting area, and for this use to be phased out over four years, while reserving to the Redding Field Office Manager the authority to allow exceptions to this restriction during the phase-out period by issuing special recreation permits. The Plan, supported by the EA, also requires the use of biodegradable materials for targets. The Plan called for a prohibition of night use of motor vehicles within the area beyond the main developed trailhead parking area near Swasey Drive, and a requirement that campers have a special recreation permit. These interim final supplementary rules expressly implement these Plan elements, as included in the Decision Record on the Plan and fully considered in the EA supporting the Plan. The supplementary rules are designed to mitigate potential user-related issues discussed in the environmental assessment. Also, the Plan/EA informed the public that rules for use of the area would be developed to reduce user conflicts and protect important cultural and natural resources and values. The interim final supplementary rules are designed to mitigate the specific issues addressed in the Plan/EA. BLM has found, therefore, 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 Environmental Protection Act of 1969 (NEPA), 42 U.S.C. 4332(2)(C). The Plan/EA and DR are available for review in the BLM Administrative Record at the address specified in the ADDRESSES section. Regulatory Flexibility Act Congress enacted the Regulatory Flexibility Act of 1980 (RFA), 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. These interim final supplementary rules should have little economic effect on business, organizational, or governmental entities of whatever size. They merely would impose reasonable restrictions on certain recreational activities in the Swasey Drive Planning Area to protect PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 20727 cultural and natural resources and the environment, and human health and safety. 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 are not a ‘‘major rule’’ as defined at 5 U.S.C. 804(2). They would not result in an annual effect on the economy of $100 million or more, in a major increase in costs or prices, or in significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreignbased enterprises in domestic and export markets. They would merely impose reasonable restrictions on certain recreational activities in the Swasey Drive Planning Area to protect natural resources and the environment, and human health and safety. Unfunded Mandates Reform Act These interim final supplementary rules do not impose an unfunded mandate on state, local, or Tribal governments, in the aggregate, or the private sector, of $100 million or more in any one year, nor do they have a significant or unique effect on small governments. They would merely impose reasonable restrictions on certain recreational activities in the Swasey Drive Planning Area to protect natural and cultural resources and the environment, and human health and safety. Tribal groups and Shasta County were involved in the development of the Swasey Drive Implementation Plan. Therefore, BLM is not required to prepare a statement containing the information required by the Unfunded Mandates Reform Act at 2 U.S.C. 1532. Executive Order 12630, Governmental Actions and Interference With Constitutionally Protected Property Rights (Takings) These interim final supplementary rules are not a government action capable of interfering with constitutionally protected property rights. The interim final supplementary rules would have no effect on private lands or property. Therefore, the Department of the Interior has determined that the rule would not cause a taking of private property or require preparation of a takings assessment under this Executive Order. E:\FR\FM\21APN1.SGM 21APN1 20728 Federal Register / Vol. 71, No. 77 / Friday, April 21, 2006 / Notices Executive Order 13132, Federalism These interim final supplementary rules would 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 would have no effect on state or local government, and specifically exempt state and local government law enforcement and emergency personnel and activities from the effect of the interim final supplementary rules. Shasta County was involved in the development of the underlying Swasey Drive Implementation Plan, which the interim final supplementary rules help implement. 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 determined that these interim final supplementary rules would not unduly burden the judicial system and that they meet the requirements of sections 3(a) and 3(b)(2) of the Order. rwilkins on PROD1PC63 with NOTICES Executive Order 13175, Consultation and Coordination With Indian Tribal Governments In accordance with Executive Order 13175 we have found that these interim final supplementary rules do not include policies that have tribal implications. Policies that have tribal implications refer to regulations that have substantial direct effects on one or more Indian tribes, or the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. Over one-half of the planning area is identified as an ACEC because of the presence of fragile historic and prehistoric resources of National Register of Historic Places level. Thus, a paramount consideration in the planning effort was archaeological site protection, conservation, research, and interpretation. We recognize that many of the cultural resources of the planning area are considered significant to local Wintu people, based on numerous interactions between them and BLM staff members. Several Wintu serve as local site stewards. The presence of VerDate Aug<31>2005 17:21 Apr 20, 2006 Jkt 208001 burials at certain locations in the planning area correlates with spiritual locations significant in Wintu religion. Tribal groups were invited to participate in the development of the Swasey Drive Implementation Plan. We contacted the Bureau of Indian Affairs and the following Tribal entities: Redding Rancheria; Wintu Cultural and Educational Council; and the Wintu Tribe and Toyon-Wintu Center. None of these entities commented on the plan. The interim final supplementary rules are intended to help protect these cultural, historic, and prehistoric resources. Accordingly, under Executive Order 13175, we have found that these interim final supplementary rules for the planning area do not include policies that have tribal implications. 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 of 1995, 44 U.S.C. 3501 et seq. Author The principal author of these interim final supplementary rules is William Kuntz, Supervisory Outdoor Recreation Planner, Redding Field Office, Bureau of Land Management. IV. Interim Final Supplementary Rules The State Director, California State Office, Bureau of Land Management, issues the following supplementary rules for the Swasey Drive Planning Area on an interim final basis. Supplementary Rules for the Swasey Drive Planning Area Section 1. Definitions a. ‘‘Firearm’’ means any device from which is expelled through a barrel a projectile by the force of any explosion or other form of combustion, including but not limited to shotguns, rifles, pistols, starting pistols, flintlock rifles and muskets, and revolvers. b. ‘‘Motorized vehicle’’ means any self-propelled device in, upon, or by which any person or property is or may be propelled, moved, or drawn, including but not limited to, cars, trucks, vans, motorcycles, motor-driven cycles, motorized scooters, motorized skateboards, and snowmobiles. ‘‘Motorized vehicle’’ does not include a self-propelled wheelchair, invalid tricycle, or motorized quadricycle when operated by a person who, by reason of physical disability, is otherwise unable to move about as a pedestrian. c. ‘‘Public entity’’ means any county, city, public district, public agency, PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 public authority, or public or municipal corporation; the Federal Government or any Federal department or agency; a state, or any state department or agency. d. ‘‘Camping’’ means the act of occupying ground on which temporary shelters are erected. Section 2. Supplementary Rules a. Firearms target shooting is restricted to the use of shotguns within the existing Swasey Drive target shooting area (boundary is marked by signs). This type of target shooting with shotguns will be phased out over a fouryear period beginning April 21, 2006. BLM signs will accurately depict the extent of the target area. During the phase-out period, the Redding Field Office Manager or his representative may authorize an exception to the restriction on target shooting with shotguns by issuing a special recreation permit b. It is unlawful for any person, other than an employee of a public entity acting within the scope of that employment, e.g., a law enforcement officer, or pursuant to the authority of the BLM, to use a motorized vehicle within the area posted and described below from sunset to sunrise beyond the main developed trailhead parking area near Swasey Drive. c. Camping is allowed by BLM special recreation permit issued only by the Redding Field Office Manager or his representative. Section 3. Affected Lands These supplementary rules apply to all public lands within the Swasey Drive Planning Area, as identified in the Swasey Drive Area Implementation Plan and Decision Record and described as follows: Mount Diablo Meridian T. 31 N., R. 5 W, Sec. 6, lots 29, and 30; Sec. 7, lots 7 to 10, inclusive, lots 14 to 28, inclusive, and lots 32, 33, and 36. T. 31 N., R. 6 W., Sec. 12. Totaling approximately 1,250 acres. Section 4. Exceptions to the Supplementary Rules These supplementary rules do not apply to the following activities: access by authorized emergency rescue vehicles, BLM operation and maintenance vehicles, and fire and law enforcement vehicles, appropriate access to mining claims by the claimant and to private property by the property owners, as authorized by laws or by the BLM Field Manager or the acting Field Manager; activities consistent with the Redding Resource Management Plan E:\FR\FM\21APN1.SGM 21APN1 Federal Register / Vol. 71, No. 77 / Friday, April 21, 2006 / Notices Record of Decision and authorized by a special use permit from the BLM Field Manager or the acting Field Manager; and resource management activities conducted by BLM. These supplementary rules are not intended to affect legal hunting consistent with California Department of Fish and Game regulations. Section 5. Penalties 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 these supplementary rules on public lands within the boundaries established, 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. Mike Pool, State Director, California BLM State Office. [FR Doc. E6–5991 Filed 4–20–06; 8:45 am] BILLING CODE 4310–40–P DEPARTMENT OF THE INTERIOR Office of Surface Mining Reclamation and Enforcement Notice of Proposed Information Collection for 1029–0103 Office of Surface Mining Reclamation and Enforcement, Interior. ACTION: Notice and request for comments. rwilkins on PROD1PC63 with NOTICES AGENCY: SUMMARY: In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining (OSM) is announcing its intention to renew its authority for the collection of information for noncoal reclamation, 30 CFR part 875. DATES: Comments on the proposed information collection must be received by June 20, 2006, to be assured of consideration. ADDRESSES: Comments may be mailed to John A. Trelease, Office of Surface Mining Reclamation and Enforcement, 1951 Constitution Ave., NW., Room 202–SIB, Washington, DC 20240. Comments may also be submitted electronically to jtreleas@osmre.gov. FOR FURTHER INFORMATION CONTACT: To request a copy of the information collection request, explanatory information and related forms, contact John A. Trelease, at (202) 208–2783 or at the e-mail address listed above. SUPPLEMENTARY INFORMATION: The Office of Management and Budget (OMB) VerDate Aug<31>2005 17:21 Apr 20, 2006 Jkt 208001 regulations at 5 CFR 1320, which implement provisions of the Paperwork Reduction Act of 1995 (Pub. L. 104–13), require that interested members of the public and affected agencies have an opportunity to comment on information collection and recordkeeping activities [see 5 CFR 1320.8(d)]. This notice identifies an information collection activity that OSM will submit to OMB for extension. This collection is contained in 30 CFR part 875, Noncoal reclamation. OSM has revised burden estimates, where appropriate, to reflect current reporting levels or adjustments based on reestimates of burden or respondents. OSM will request a 3-year term of approval for this information collection activity. Comments are invited on: (1) The need for the collection of information for the performance of the functions of the agency; (2) the accuracy of the agency’s burden estimates; (3) ways to enhance the quality, utility and clarity of the information collection; and (4) ways to minimize the information collection burden on respondents, such as use of automated means of collection of the information. A summary of the public comments will accompany OSM’s submission of the information collection request to OMB. This notice provides the public with 60 days in which to comment on the following information collection activity: Title: Noncoal reclamation, 30 CFR 875. OMB Control Number: 1029–0103. Summary: This Part establishes procedures and requirements for State and Indian tribes to conduct noncoal reclamation under abandoned mine land funding. The information is needed to assure compliance with the Surface Mining Control and Reclamation Act of 1977. Bureau Form Numbers: OSM–47, OSM–49, OSM–51. Frequency of Collection: Once. Description of Respondents: State governments and Indian Tribes. Total Annual Responses: 1. Total Annual Burden Hours: 100. Dated: April 14, 2006. John A. Trelease, Acting Chief, Division of Regulatory Support. [FR Doc. 06–3806 Filed 4–20–06; 8:45 am] BILLING CODE 4310–05–M PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 20729 DEPARTMENT OF JUSTICE Drug Enforcement Administration Manufacturer of Controlled Substances; Notice of Application Pursuant to § 1301.33(a) of Title 21 of the Code of Federal Regulations (CFR), this is notice that on September 12, 2005, Guilford Pharmaceuticals, Inc., 6611 Tributary Street, Baltimore, MD 21224, made application by renewal to the Drug Enforcement Administration (DEA) to be registered as a bulk manufacturer of Cocaine (9041), a basic class of controlled substance listed in Schedules II. The company plans to manufacture a cocaine derivative to be used in clinical research studies. Any other such applicant and any person who is presently registered with DEA to manufacture such a substance may file comments or objections to the issuance of the proposed registration pursuant to 21 CFR 1301.33(a). Any such written comments or objections being sent via regular mail may be addressed, in quintuplicate, to the Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration, Washington, DC 20537, Attention: DEA Federal Register Representative, Liaison and Policy Section (ODL); or any being sent via express mail should be sent to DEA Headquarters, Attention: DEA Federal Register Representative/ODL, 2401 Jefferson-Davis Highway, Alexandria, VA 22301; and must be filed no later than June 20, 2006. Dated: April 17, 2006. Joseph T. Rannazzisi, Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration. [FR Doc. E6–5966 Filed 4–20–06; 8:45 am] BILLING CODE 4410–09–P DEPARTMENT OF JUSTICE Drug Enforcement Administration Importer of Controlled Substances; Notice of Application Pursuant to 21 U.S.C. 958(i), the Attorney General shall, prior to issuing a registration under this Section to a bulk manufacturer of a controlled substance in Schedule I or II and prior to issuing a regulation under 21 U.S.C. 952(a)(2)(B) authorizing the importation of such a substance, provide manufacturers holding registrations for the bulk manufacture of the substance an opportunity for a hearing. E:\FR\FM\21APN1.SGM 21APN1

Agencies

[Federal Register Volume 71, Number 77 (Friday, April 21, 2006)]
[Notices]
[Pages 20725-20729]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-5991]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[CA-360-05-1220-DA]


Notice of Interim Final Supplementary Rules on Public Lands in 
Shasta County, CA

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of Interim Final Supplementary Rules for public lands 
within the Swasey Drive Planning Area, Redding Field Office, Redding, 
California.

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SUMMARY: The Bureau of Land Management (BLM) Redding Field Office is 
publishing interim final supplementary rules applicable to public lands 
within the Swasey Drive Planning Area, as identified in the Swasey 
Drive Area Implementation Plan. The interim final supplementary rules 
will govern activities such as target shooting, motor vehicle use, and 
camping on public lands managed by the Redding Field Office. These 
interim final supplementary rules are needed to protect recreation 
opportunities, public health and safety, and cultural and natural 
resources in accordance with the Swasey Drive Area Implementation Plan/
Environmental Assessment and Decision Record (DR) of September 2004.

DATES: The interim final supplementary rules are effective April 21, 
2006. We invite comments until June 20, 2006.

ADDRESSES: Mail or hand deliver all comments concerning the interim 
final supplementary rules to the Bureau of Land Management, Redding 
Field Office, 355 Hemsted Drive, Redding, CA 96002; or you may access 
the Federal eRulemaking Portal: http://www.regulations.gov.
    Copies of the Swasey Drive Area Implementation Plan and Decision 
Record can be obtained at the BLM Redding Field Office, 355 Hemsted 
Drive, Redding, CA 96002, (530) 224-2100.

FOR FURTHER INFORMATION CONTACT: William Kuntz, Outdoor Recreation 
Planner, Bureau of Land Management, Redding Field Office, 355 Hemsted 
Drive, Redding, CA 96002, phone (530) 224-2100 or by e-mail at 
wkuntz@ca.blm.gov. Internet access to

[[Page 20726]]

the Swasey Drive Area Implementation Plan and Decision Record is 
available at: http://www.ca.blm.gov/redding. BLM will also announce the 
interim final supplementary rules through local media outlets and post 
this notice with a map of the affected areas at key locations that 
provide access to the area.

SUPPLEMENTARY INFORMATION:

I. Public Comment Procedures
II. Background
III. Procedural Matters
IV. Interim Final Supplementary Rules

I. Public Comment Procedures

    Written comments on these 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 rule that the comment is addressing. BLM need not 
consider or include in the Administrative Record for the final rule: 
(a) Comments that BLM receives after the close of the comment period 
(see DATES), unless they are postmarked or electronically dated before 
the deadline, or (b) comments delivered to an address other than those 
listed above (See ADDRESSES).
    You may also access and comment on the interim final supplementary 
rules at the Federal eRulemaking Portal by following the instructions 
at that site (see ADDRESSES).
    Comments, including names, street addresses, and other contact 
information of respondents, will be available for public review at the 
Redding Field Office, 355 Hemsted Drive, Redding, CA 96002, 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

    In the Redding Resource Management Plan and Record of Decision of 
June 1993, the area known as Swasey Drive was designated an Area of 
Critical Environmental Concern (ACEC). Because of this decision, BLM 
identified these lands for retention and decided to write a subsequent 
management plan for the area.
    The Swasey Drive ACEC and surrounding planning area includes 
approximately 1,250 acres. It is used by researchers, hikers, mountain 
bikers, equestrians, campers, off-road vehicle users, and target 
shooters. Trails within this area are linked to the National Park 
Service's Whiskeytown National Recreation Area. Because of the 
intensive use of the area by the public, BLM implemented some 
restrictions in 1998 to limit off-road vehicle use and target shooting. 
These restrictions were designed to protect public health and safety 
and to protect sensitive cultural resources within the ACEC and the 
surrounding areas until BLM could complete a detailed management plan.
    As a result of a growing population, the development of residential 
housing on private lands around the Swasey Drive area, and the 
increasing popularity of the area for non-motorized recreation 
activities, the human use of the area has increased. Target shooting in 
the area has also increased, as has illegal trash dumping and underage 
drinking. The combination of increased recreational use as well as 
increased levels of target shooting, trash dumping, and underage 
drinking has created a condition that places the public at risk.
    In May 2001, BLM held an initial public scoping meeting for the 
development of the Swasey Drive Implementation Plan. The meeting was 
attended by a broad range of individuals, groups, tribes, and agencies. 
In 2004, the BLM completed the Swasey Drive Area Implementation Plan. 
As a result of the plan, the specific restrictions in the decision 
record are implemented in these interim final supplementary rules.
    The purpose of the interim final supplementary rules is to protect 
the historic and prehistoric cultural resources and public health and 
safety. Also, the rules will help maintain the natural resources and 
recreation opportunities within the Swasey Drive ACEC and associated 
public lands. Restrictions on camping and nighttime use will curtail 
illegal trash dumping and underage drinking, which have been ongoing 
concerns for many years.
    BLM provided for substantial public participation and coordination 
during the development of the Swasey Drive Implementation Plan and 
Environmental Assessment. Public participation included one public 
scoping meeting attended by 65 individuals. BLM received 29 formal 
responses (letters and e-mails) as a result of the scoping 
solicitation. The timing of this action is important due to the danger 
that long rifle target shooting poses for local residents and other 
users of the area. Numerous reports from local area residents have 
stated that bullets have been found lodged in the walls of their homes 
or in the area around their homes. As recreational use increases with a 
parallel increase in target shooting, the likelihood of an accident 
occurring rises dramatically. In 2001, BLM used a risk management 
process to determine the low, medium, high, and extremely high risk 
management levels of target shooting in this area. We determined that 
the risk of death caused by this activity could not be mitigated 
sufficiently over the long term with BLM's limited personnel and 
current regulations. In short, if these interim final rules are not 
issued, there is an increasing risk that a recreational visitor or 
local resident in the adjacent subdivision will be seriously injured or 
killed by a poorly aimed or skipping/ricocheting bullet. These issues 
were fully discussed in the scoping meeting. Therefore, due to the 
increased and increasing safety concerns, and the previous 
opportunities for public participation, BLM finds that promulgating 
these supplementary rules as proposed rules would be impracticable, 
unnecessary, and contrary to the public interest. As such, there is 
good cause to publish these supplementary rules in interim final form. 
Similar considerations of good cause support an immediate effective 
date, i.e. the date of publication for these rules. We will publish 
final supplementary rules that respond to any public comments, or 
confirm the supplementary rules as final if we receive no compelling 
arguments to amend the interim final supplementary rules.
    The authorities for these interim final supplementary rules are 43 
CFR 8360.0-7, 8364.1 and 8365.1-6.

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

[[Page 20727]]

not have an annual effect of $100 million or more on the economy. 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. 
These interim final supplementary rules do not materially alter the 
budgetary effects of entitlements, grants, user fees, or loan programs 
or the rights or obligations of their recipients, nor do they raise 
novel legal or policy issues. They merely impose rules of conduct and 
other limitations on certain recreational activities at a limited 
planning area to protect natural and cultural resources and human 
health and safety.

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.) aid or reduce their clarity? (4) 
Would the interim final supplementary rules be easier to understand if 
they were divided into more (but shorter) sections? (5) Is the 
discussion of the interim final supplementary rules in the 
SUPPLEMENTARY INFORMATION section of this preamble helpful to your 
understanding of these supplementary rules? How could this material 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 a Decision 
Record for the Swasey Drive Implementation Plan. Within the Plan/EA and 
subsequent DR, analysis was provided as a basis for the interim final 
supplementary rules. The Swasey Drive Implementation Plan/EA provided 
management alternatives, public participation, law enforcement logs, 
soil analyses, and projected firearm ammunition distances. The Plan and 
EA called for the restriction of firearms target shooting to the use of 
shotguns within the existing Swasey Drive target shooting area, and for 
this use to be phased out over four years, while reserving to the 
Redding Field Office Manager the authority to allow exceptions to this 
restriction during the phase-out period by issuing special recreation 
permits. The Plan, supported by the EA, also requires the use of 
biodegradable materials for targets. The Plan called for a prohibition 
of night use of motor vehicles within the area beyond the main 
developed trailhead parking area near Swasey Drive, and a requirement 
that campers have a special recreation permit. These interim final 
supplementary rules expressly implement these Plan elements, as 
included in the Decision Record on the Plan and fully considered in the 
EA supporting the Plan. The supplementary rules are designed to 
mitigate potential user-related issues discussed in the environmental 
assessment. Also, the Plan/EA informed the public that rules for use of 
the area would be developed to reduce user conflicts and protect 
important cultural and natural resources and values.
    The interim final supplementary rules are designed to mitigate the 
specific issues addressed in the Plan/EA. BLM has found, therefore, 
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 Environmental Protection Act 
of 1969 (NEPA), 42 U.S.C. 4332(2)(C). The Plan/EA and DR are available 
for review in the BLM Administrative Record at the address specified in 
the ADDRESSES section.

Regulatory Flexibility Act

    Congress enacted the Regulatory Flexibility Act of 1980 (RFA), 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. These interim final supplementary 
rules should have little economic effect on business, organizational, 
or governmental entities of whatever size. They merely would impose 
reasonable restrictions on certain recreational activities in the 
Swasey Drive Planning Area to protect cultural and natural resources 
and the environment, and human health and safety. 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 are not a ``major rule'' as 
defined at 5 U.S.C. 804(2). They would not result in an annual effect 
on the economy of $100 million or more, in a major increase in costs or 
prices, or in significant adverse effects on competition, employment, 
investment, productivity, innovation, or on the ability of United 
States-based enterprises to compete with foreign-based enterprises in 
domestic and export markets. They would merely impose reasonable 
restrictions on certain recreational activities in the Swasey Drive 
Planning Area to protect natural resources and the environment, and 
human health and safety.

Unfunded Mandates Reform Act

    These interim final supplementary rules do not impose an unfunded 
mandate on state, local, or Tribal governments, in the aggregate, or 
the private sector, of $100 million or more in any one year, nor do 
they have a significant or unique effect on small governments. They 
would merely impose reasonable restrictions on certain recreational 
activities in the Swasey Drive Planning Area to protect natural and 
cultural resources and the environment, and human health and safety. 
Tribal groups and Shasta County were involved in the development of the 
Swasey Drive Implementation Plan. Therefore, BLM is not required to 
prepare a statement containing the information required by the Unfunded 
Mandates Reform Act at 2 U.S.C. 1532.

Executive Order 12630, Governmental Actions and Interference With 
Constitutionally Protected Property Rights (Takings)

    These interim final supplementary rules are not a government action 
capable of interfering with constitutionally protected property rights. 
The interim final supplementary rules would have no effect on private 
lands or property. Therefore, the Department of the Interior has 
determined that the rule would not cause a taking of private property 
or require preparation of a takings assessment under this Executive 
Order.

[[Page 20728]]

Executive Order 13132, Federalism

    These interim final supplementary rules would 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 would have no effect on state or 
local government, and specifically exempt state and local government 
law enforcement and emergency personnel and activities from the effect 
of the interim final supplementary rules. Shasta County was involved in 
the development of the underlying Swasey Drive Implementation Plan, 
which the interim final supplementary rules help implement. 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 determined 
that these interim final supplementary rules would not unduly burden 
the judicial system and that they meet the requirements of sections 
3(a) and 3(b)(2) of the Order.

Executive Order 13175, Consultation and Coordination With Indian Tribal 
Governments

    In accordance with Executive Order 13175 we have found that these 
interim final supplementary rules do not include policies that have 
tribal implications. Policies that have tribal implications refer to 
regulations that have substantial direct effects on one or more Indian 
tribes, or the relationship between the Federal Government and Indian 
tribes, or on the distribution of power and responsibilities between 
the Federal Government and Indian tribes. Over one-half of the planning 
area is identified as an ACEC because of the presence of fragile 
historic and prehistoric resources of National Register of Historic 
Places level. Thus, a paramount consideration in the planning effort 
was archaeological site protection, conservation, research, and 
interpretation. We recognize that many of the cultural resources of the 
planning area are considered significant to local Wintu people, based 
on numerous interactions between them and BLM staff members. Several 
Wintu serve as local site stewards. The presence of burials at certain 
locations in the planning area correlates with spiritual locations 
significant in Wintu religion.
    Tribal groups were invited to participate in the development of the 
Swasey Drive Implementation Plan. We contacted the Bureau of Indian 
Affairs and the following Tribal entities: Redding Rancheria; Wintu 
Cultural and Educational Council; and the Wintu Tribe and Toyon-Wintu 
Center. None of these entities commented on the plan.
    The interim final supplementary rules are intended to help protect 
these cultural, historic, and prehistoric resources. Accordingly, under 
Executive Order 13175, we have found that these interim final 
supplementary rules for the planning area do not include policies that 
have tribal implications.

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 of 1995, 44 U.S.C. 3501 et 
seq.

Author

    The principal author of these interim final supplementary rules is 
William Kuntz, Supervisory Outdoor Recreation Planner, Redding Field 
Office, Bureau of Land Management.

IV. Interim Final Supplementary Rules

    The State Director, California State Office, Bureau of Land 
Management, issues the following supplementary rules for the Swasey 
Drive Planning Area on an interim final basis.

Supplementary Rules for the Swasey Drive Planning Area

Section 1. Definitions
    a. ``Firearm'' means any device from which is expelled through a 
barrel a projectile by the force of any explosion or other form of 
combustion, including but not limited to shotguns, rifles, pistols, 
starting pistols, flintlock rifles and muskets, and revolvers.
    b. ``Motorized vehicle'' means any self-propelled device in, upon, 
or by which any person or property is or may be propelled, moved, or 
drawn, including but not limited to, cars, trucks, vans, motorcycles, 
motor-driven cycles, motorized scooters, motorized skateboards, and 
snowmobiles. ``Motorized vehicle'' does not include a self-propelled 
wheelchair, invalid tricycle, or motorized quadricycle when operated by 
a person who, by reason of physical disability, is otherwise unable to 
move about as a pedestrian.
    c. ``Public entity'' means any county, city, public district, 
public agency, public authority, or public or municipal corporation; 
the Federal Government or any Federal department or agency; a state, or 
any state department or agency.
    d. ``Camping'' means the act of occupying ground on which temporary 
shelters are erected.
Section 2. Supplementary Rules
    a. Firearms target shooting is restricted to the use of shotguns 
within the existing Swasey Drive target shooting area (boundary is 
marked by signs). This type of target shooting with shotguns will be 
phased out over a four-year period beginning April 21, 2006. BLM signs 
will accurately depict the extent of the target area. During the phase-
out period, the Redding Field Office Manager or his representative may 
authorize an exception to the restriction on target shooting with 
shotguns by issuing a special recreation permit
    b. It is unlawful for any person, other than an employee of a 
public entity acting within the scope of that employment, e.g., a law 
enforcement officer, or pursuant to the authority of the BLM, to use a 
motorized vehicle within the area posted and described below from 
sunset to sunrise beyond the main developed trailhead parking area near 
Swasey Drive.
    c. Camping is allowed by BLM special recreation permit issued only 
by the Redding Field Office Manager or his representative.
Section 3. Affected Lands
    These supplementary rules apply to all public lands within the 
Swasey Drive Planning Area, as identified in the Swasey Drive Area 
Implementation Plan and Decision Record and described as follows:

Mount Diablo Meridian

T. 31 N., R. 5 W,
    Sec. 6, lots 29, and 30;
    Sec. 7, lots 7 to 10, inclusive, lots 14 to 28, inclusive, and 
lots 32, 33, and 36.
T. 31 N., R. 6 W.,
    Sec. 12.

    Totaling approximately 1,250 acres.
Section 4. Exceptions to the Supplementary Rules
    These supplementary rules do not apply to the following activities: 
access by authorized emergency rescue vehicles, BLM operation and 
maintenance vehicles, and fire and law enforcement vehicles, 
appropriate access to mining claims by the claimant and to private 
property by the property owners, as authorized by laws or by the BLM 
Field Manager or the acting Field Manager; activities consistent with 
the Redding Resource Management Plan

[[Page 20729]]

Record of Decision and authorized by a special use permit from the BLM 
Field Manager or the acting Field Manager; and resource management 
activities conducted by BLM. These supplementary rules are not intended 
to affect legal hunting consistent with California Department of Fish 
and Game regulations.
Section 5. Penalties
    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 these 
supplementary rules on public lands within the boundaries established, 
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.

Mike Pool,
State Director, California BLM State Office.
 [FR Doc. E6-5991 Filed 4-20-06; 8:45 am]
BILLING CODE 4310-40-P