Proposed Supplementary Rules for the Hot Well Dunes Recreation Area, Public Lands Administered by the Bureau of Land Management Gila District and Safford Field Office, Graham County, AZ, 61437-61439 [E8-24580]
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Federal Register / Vol. 73, No. 201 / Thursday, October 16, 2008 / Notices
comments should be specific and
explain the reason for any
recommendation. The BLM appreciates
any and all comments, but those most
useful and likely to influence decisions
on management and protection of wild
horses and burros are those that are
either supported by quantitative
information or studies or those that
include citations to and analysis of
applicable laws and regulations. Except
for comments provided in electronic
format, speakers should submit two
copies of their written comments where
feasible. The BLM will not necessarily
consider comments received after the
time indicated under the DATES section
or at locations other than that listed in
the ADDRESSES section.
In the event there is a request under
the Freedom of Information Act (FOIA)
for a copy of your comments, the BLM
will make them available in their
entirety, including your name and
address. Before including your address,
phone number, e-mail address, or other
personal identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so. The BLM will release all
submissions from organizations or
businesses, and from individuals
identifying themselves as
representatives or officials of
organizations or businesses, in their
entirety, including names and
addresses.
Electronic Access and Filing Address
Speakers may transmit comments
electronically via the Internet to:
ramona_delorme@blm.gov. Please
include the identifier ‘‘WH&B’’ in the
subject of your message and your name
and address in the body of your
message.
Dated: October 9, 2008.
Edwin L. Roberson,
Assistant Director, Renewable Resources and
Planning.
[FR Doc. E8–24631 Filed 10–15–08; 8:45 am]
BILLING CODE 4310–84–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLAZG01000 L12320000 AL0000
LVRDAZ020000]
Proposed Supplementary Rules for the
Hot Well Dunes Recreation Area,
Public Lands Administered by the
Bureau of Land Management Gila
District and Safford Field Office,
Graham County, AZ
Bureau of Land Management,
Interior.
ACTION: Proposed Supplementary Rules.
AGENCY:
SUMMARY: The Bureau of Land
Management (BLM) is proposing new
supplementary rules for the Hot Well
Dunes (HWD) Recreation Area, public
lands managed by the Gila District and
Safford Field Office in Graham County,
Arizona. The rules relate to the health
and safety of public land users and
protection of natural resources. These
supplementary rules will be enforced by
BLM law enforcement rangers within
the HWD Recreation Area.
Proposed rules address vehicle rider
capacity, clinging to or being towed by
a vehicle, safety flags, vehicle use,
public nudity, firearms, pets, speed
limit, camping, waste disposal, and
length of stay. All current
supplementary rules will be rescinded
and replaced by these revised rules for
the HWD Recreation Area.
DATES: We invite comments until
December 15, 2008. In developing final
rules, the BLM may not consider
comments postmarked or received after
this date.
ADDRESSES: Written comments may be
sent to the following address via regular
mail or other delivery service: Bureau of
Land Management, Safford Field Office,
711 14th Avenue, Safford, Arizona
85546. Comments may also be
submitted via e-mail to
Larry_Ramirez@blm.gov or faxed to
928–348–4450. You may access the
Federal eRulemaking Portal at https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Scott Cooke, Field Manager, or Larry
Ramirez, Law Enforcement Ranger,
Bureau of Land Management, Safford
Field Office, 711 14th Avenue, Safford,
Arizona 85546, telephone 928–348–
4400.
SUPPLEMENTARY INFORMATION:
I. Comment Procedures
II. Background and Purpose
III. Discussion of Supplementary Rules
IV. Procedural Matters
61437
I. Comment Procedures
Written comments on the proposed
supplementary rules should be specific,
confined to issues pertinent to the
proposed supplementary rules, and
should explain the reason for any
recommended change. Where possible,
comments should reference the specific
section or paragraph of the rules that the
comment is addressing. You may also
access and comment on the proposed
supplementary rules at the Federal
eRulemaking Portal by following the
instructions at that site (see ADDRESSES).
The BLM need not consider or include
in the Administrative Record for the
final supplementary rules: (a)
Comments that the 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).
Before including your address, phone
number, e-mail address, or other
personal identifying information in your
comment, be advised that your entire
comment—including your personal
identifying information—may be made
publicly available at the Safford Field
Office, 711 14th Avenue, Safford,
Arizona 85546, during regular business
hours (8 a.m. to 4 p.m.), Monday
through Friday, except Federal holidays.
While you can ask us in your comment
to withhold from public review your
personal identifying information, we
cannot guarantee that we will be able to
do so. The BLM will make available for
public inspection in their entirety all
submissions from organizations,
businesses, and government agencies, or
from individuals identifying themselves
as representatives or officials of such
entities.
II. Background and Purpose
These proposed supplementary rules
apply to the designated HWD Recreation
Area, public lands administered by the
Gila District and Safford Field Office.
Due to increases in visitation at the
HWD, the nature of the terrain and
vegetation, and the types of vehicles in
use, the following rules are proposed to
reduce threats to public health, safety,
and property.
These supplementary rules will allow
the BLM to increase law enforcement
efforts that will help mitigate damage to
natural resources and provide for public
health and safe public recreation.
III. Discussion of Supplementary Rules
The Gila District/Safford Field Office
proposes to rescind all prior
supplementary rules for the HWD
61438
Federal Register / Vol. 73, No. 201 / Thursday, October 16, 2008 / Notices
Recreation Area and issue these new
supplementary rules under the Federal
Land Policy and Management Act
(FLPMA), Title 43 U.S.C. 1740 and Title
43 CFR 8365.1–6. The supplementary
rules set forth requirements and
prohibited acts that are applicable
within the HWD Recreation Area,
Graham County, Arizona.
IV. Procedural Matters
The principal author of the proposed
supplementary rules is Larry Ramirez,
Gila District/Safford Field Office Law
Enforcement Ranger for the Bureau of
Land Management.
Executive Order 12866, Regulatory
Planning and Review
These proposed 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. The proposed
supplementary rules will not have an
annual effect of $100 million or more on
the economy. They are not intended to
affect commercial activity, but impose
rules of conduct on recreational visitors
for health protection reasons in a
limited area of the public lands. The
supplementary rules will not adversely
affect, in a material way, the economy,
productivity, competition, jobs,
environment, public health or safety, or
State, local, or tribal governments or
communities. The proposed
supplementary rules do not materially
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 merely
strive to protect human health, safety,
and the environment.
Clarity of the Proposed 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 proposed supplementary rules
easier to understand, including answers
to questions such as the following:
(1) Are the requirements in the
proposed supplementary rules clearly
stated?
(2) Do the proposed supplementary
rules contain technical language or
jargon that interferes with their clarity?
(3) Does the format of the proposed
supplementary rules (grouping and
order of sections, use of headings,
paragraphing, etc.) aid or reduce their
clarity?
(4) Would the proposed
supplementary rules be easier to
understand if they were divided into
more (but shorter) sections?
(5) Is the description of the proposed
supplementary rules in the
SUPPLEMENTARY INFORMATION section of
this preamble helpful in understanding
the proposed supplementary rules? How
could this description be more helpful
in making the proposed supplementary
rules easier to understand?
Please send any comments you may
have on the clarity of the proposed
supplementary rules to one of the
addresses specified in the ADDRESSES
section.
National Environmental Policy Act
The proposed supplementary rules do
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, Title 42 U.S.C.
4332(2)(C). This conclusion is set forth
in a Finding of No Significant Impact
signed by the Field Manager and
supported by an Environmental
Assessment.
Regulatory Flexibility Act
Congress enacted the Regulatory
Flexibility Act (RFA) of 1980, as
amended, Title 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 proposed supplementary
rules do not have a significant economic
impact on entities of any size, but
provide for the protection of persons,
property, and resources on specific
public lands. Therefore, the BLM has
determined under the RFA that the
proposed supplementary rules would
not have a significant economic impact
on a substantial number of small
entities.
Small Business Regulatory Enforcement
Fairness Act
These proposed supplementary rules
do not constitute a ‘‘major rule’’ as
defined at Title 5 U.S.C. 804(2). The
proposed supplementary rules merely
contain rules of conduct for recreational
use of certain public lands. The
proposed supplementary rules would
have little or no effect on the economy.
Unfunded Mandates Reform Act
The proposed supplementary rules do
not impose an unfunded mandate on
State, local, or tribal governments in the
aggregate, or the private sector, of more
than $100 million per year; nor would
they have a significant or unique effect
on small governments. These proposed
supplementary rules do not require
anything of State, local, or tribal
governments. Therefore, the BLM is not
required to prepare a statement
containing the information required by
section 202 of the Unfunded Mandates
Reform Act (Title 2 U.S.C. 1532).
Executive Order 12630, Governmental
Actions and Interference With
Constitutionally Protected Property
Rights (Takings)
The proposed supplementary rules
are not a government action capable of
interfering with constitutionally
protected property rights. The proposed
supplementary rules do not address
property rights or cause the impairment
of anybody’s property rights. Therefore,
the BLM has determined that these
proposed 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 proposed supplementary rules
will not have substantial direct effects
on the States, on the relationship
between the Federal Government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. The
proposed supplementary rules apply to
a limited area of land in only one State,
Arizona. Therefore, the BLM has
determined that the proposed
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, we
have determined that the proposed
supplementary rules will not unduly
burden the judicial system and that the
requirements of sections 3(a) and 3(b)(2)
of the Order are met. The
supplementary rules contain rules of
conduct for recreational use of certain
public lands to protect human health
and the environment.
Executive Order 13175, Consultation
and Coordination With Indian Tribal
Governments
In accordance with Executive Order
13175, the BLM has found that these
proposed supplementary rules do not
include policies that have tribal
implications. The proposed
supplementary rules do not affect lands
held for the benefit of Indians, Aleuts,
or Eskimos.
Federal Register / Vol. 73, No. 201 / Thursday, October 16, 2008 / Notices
Paperwork Reduction Act
These proposed supplementary rules
do not contain information collection
requirements that the Office of
Management and Budget must approve
under the Paperwork Reduction Act,
Title 44 U.S.C. 3501 et seq.
Supplementary Rules for the Hot Well
Dunes Recreation Area, Graham
County, Arizona
1. Vehicle Rider Capacity
A person operating an off-road vehicle
within the HWD Recreation Area shall
ride only on the permanent, regular seat
attached to the off-road vehicle. The
operator of an off-road vehicle shall not
carry any additional person(s) on an offroad vehicle unless the vehicle is
designed and manufactured to carry
such additional person(s). No person
shall ride an off-road vehicle unless the
vehicle is designed and manufactured to
carry that person.
2. Clinging to or Being Towed by a
Vehicle
No person operating an off-road
vehicle within the HWD Recreation
Area shall attach the off-road vehicle to
any object or person and tow such
object or person. No person shall cling
to, or be towed by, an off-road vehicle.
3. Safety Flags
Safety flags are required on all offroad vehicles used within the HWD
Recreation Area. An exception to this
requirement is made for Recreation
Vehicles (RVs), Sport Utility Vehicles
(SUVs), pickup trucks, and passenger
sedans. Safety flags must be brilliant
orange or red in color, and at least six
(6) inches by 12 inches in size. Masts
must be securely mounted on the offroad vehicle and extend eight (8) feet
from the ground to the mast tip. Safety
flags must be firmly attached to the top
portion of a mast.
4. Vehicle Use
No off-road vehicle within the HWD
Recreation Area will be allowed within
areas enclosed by the metal, tube
railings there or where signed as
prohibited.
5. Nudity
Public nudity within the HWD
Recreation Area and, in particular, in
the hot tubs there, is prohibited.
6. Firearms and Archery
Archery and the discharge of firearms
or other weapons, including pneumatic
and spring-loaded BB guns and pellet
guns, are prohibited within the HWD
Recreation Area.
7. Pets
Pets must be leashed or otherwise
physically restricted at all times within
the HWD Recreation Area.
8. Speed Limit
The speed limit for off-road vehicles
within the HWD Recreation Area is 10
miles per hour on the main access road
and within 50 feet on either side of the
main access road. The speed limit is
also 10 miles per hour within 50 feet of
a campsite or any concentration of three
(3) or more people. Operating an offroad vehicle above this speed is
prohibited.
9. Camping
Camping within the HWD Recreation
Area is not allowed within the
designated parking area; within areas
enclosed by metal, tube railings; or
where signed as prohibited.
10. Waste Disposal
Dumping of sewage or gray water is
prohibited within the HWD Recreation
Area.
11. Length of Stay
To ensure that everyone has an
opportunity to enjoy the area, camping
is limited to 14 days within any 28-day
period.
Penalties
Under the Federal Land Policy and
Management Act of 1976 (Title 43
U.S.C. 1733(a)), 43 CFR 8365.1–6, and
43 CFR 8360.0–7, persons who violate
any of these supplementary rules are
subject to arrest and, upon conviction,
may be fined up to $1,000 and/or
imprisoned for not more than 12
months, and may be subject to the
enhanced penalties under Title 18
U.S.C. 3571.
Dated: October 8, 2008.
Helen M. Hankins,
Acting Arizona State Director.
[FR Doc. E8–24580 Filed 10–15–08; 8:45 am]
BILLING CODE 4310–32–P
DEPARTMENT OF THE INTERIOR
National Park Service
Notice of Availability of an
Environmental Assessment on a
Proposed Transfer of Jurisdiction of a
Portion of Fort Dupont Park,
Washington, DC
National Park Service,
Department of the Interior.
ACTION: Notice of Availability of an
Environmental Assessment for the
transfer of jurisdiction to the District of
AGENCY:
61439
Columbia of a portion of Fort Dupont
Park.
SUMMARY: In accordance with Sec.
102(2)(C) of the National Environmental
Policy Act, 42 U.S.C. 4321 et seq.,
(NEPA), and the National Park Service’s
Director’s Order 12: Conservation
Planning, Environmental Impact
Analysis, and Decision-making, the
National Park Service (NPS) has
prepared an Environmental Assessment
(EA) for transferring jurisdiction of a
portion of NPS property within Fort
Dupont Park, one of the Fort Circle
Parks, to the District of Columbia
(District) for recreational development
and uses, and resulting in the possible
amendment of the NPS’ 2004 Final
Management Plan for Fort Circle Parks
(Management Plan).
DATES: Public comment on the EA will
be accepted until November 17, 2008.
ADDRESSES: Comments may be
submitted through the Planning,
Environment and Public Comment
(PEPC) Web site at https://
parkplanning.nps.gov/NACE or by mail
to: Superintendent, National Capital
Parks-East, RE: Fort Dupont Park Land
Transfer Proposal, 1900 Anacostia
Drive, SE., Washington, DC 20020.
Before including your address, phone
number, e-mail address, or other
personal identifying information in your
comment, you should be aware that
your entire comment, including your
personal identifying information, may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
FOR FURTHER INFORMATION CONTACT:
Gayle Hazelwood, Superintendent,
National Capital Parks-East, RE: Fort
Dupont Park Land Transfer Proposal, at
1900 Anacostia Drive, SE., Washington,
DC 20020 or by telephone at (202) 690–
5127, or by e-mail at
gayle_hazelwood@nps.gov.
SUPPLEMENTARY INFORMATION: The NPS
is considering transferring jurisdiction
to the District over a 15-acre parcel at
one end of Fort Dupont Park (the Project
Area), that is currently used for
recreational purposes. The transfer
would facilitate the development of new
recreational facilities and programs in
the Project Area by the District,
including a proposal to create a baseball
academy for area youth and another to
expand an existing indoor ice skating
arena. The District’s proposal would
involve the help of private-sector
partners. If the decision is made to go
forward with this transfer, it would
]]>Agencies
[Federal Register Volume 73, Number 201 (Thursday, October 16, 2008)]
[Notices]
[Pages 61437-61439]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-24580]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLAZG01000 L12320000 AL0000 LVRDAZ020000]
Proposed Supplementary Rules for the Hot Well Dunes Recreation
Area, Public Lands Administered by the Bureau of Land Management Gila
District and Safford Field Office, Graham County, AZ
AGENCY: Bureau of Land Management, Interior.
ACTION: Proposed Supplementary Rules.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Land Management (BLM) is proposing new
supplementary rules for the Hot Well Dunes (HWD) Recreation Area,
public lands managed by the Gila District and Safford Field Office in
Graham County, Arizona. The rules relate to the health and safety of
public land users and protection of natural resources. These
supplementary rules will be enforced by BLM law enforcement rangers
within the HWD Recreation Area.
Proposed rules address vehicle rider capacity, clinging to or being
towed by a vehicle, safety flags, vehicle use, public nudity, firearms,
pets, speed limit, camping, waste disposal, and length of stay. All
current supplementary rules will be rescinded and replaced by these
revised rules for the HWD Recreation Area.
DATES: We invite comments until December 15, 2008. In developing final
rules, the BLM may not consider comments postmarked or received after
this date.
ADDRESSES: Written comments may be sent to the following address via
regular mail or other delivery service: Bureau of Land Management,
Safford Field Office, 711 14th Avenue, Safford, Arizona 85546. Comments
may also be submitted via e-mail to Larry_Ramirez@blm.gov or faxed to
928-348-4450. You may access the Federal eRulemaking Portal at https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Scott Cooke, Field Manager, or Larry
Ramirez, Law Enforcement Ranger, Bureau of Land Management, Safford
Field Office, 711 14th Avenue, Safford, Arizona 85546, telephone 928-
348-4400.
SUPPLEMENTARY INFORMATION:
I. Comment Procedures
II. Background and Purpose
III. Discussion of Supplementary Rules
IV. Procedural Matters
I. Comment Procedures
Written comments on the proposed supplementary rules should be
specific, confined to issues pertinent to the proposed supplementary
rules, and should explain the reason for any recommended change. Where
possible, comments should reference the specific section or paragraph
of the rules that the comment is addressing. You may also access and
comment on the proposed supplementary rules at the Federal eRulemaking
Portal by following the instructions at that site (see ADDRESSES). The
BLM need not consider or include in the Administrative Record for the
final supplementary rules: (a) Comments that the 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).
Before including your address, phone number, e-mail address, or
other personal identifying information in your comment, be advised that
your entire comment--including your personal identifying information--
may be made publicly available at the Safford Field Office, 711 14th
Avenue, Safford, Arizona 85546, during regular business hours (8 a.m.
to 4 p.m.), Monday through Friday, except Federal holidays. While you
can ask us in your comment to withhold from public review your personal
identifying information, we cannot guarantee that we will be able to do
so. The BLM will make available for public inspection in their entirety
all submissions from organizations, businesses, and government
agencies, or from individuals identifying themselves as representatives
or officials of such entities.
II. Background and Purpose
These proposed supplementary rules apply to the designated HWD
Recreation Area, public lands administered by the Gila District and
Safford Field Office. Due to increases in visitation at the HWD, the
nature of the terrain and vegetation, and the types of vehicles in use,
the following rules are proposed to reduce threats to public health,
safety, and property.
These supplementary rules will allow the BLM to increase law
enforcement efforts that will help mitigate damage to natural resources
and provide for public health and safe public recreation.
III. Discussion of Supplementary Rules
The Gila District/Safford Field Office proposes to rescind all
prior supplementary rules for the HWD
[[Page 61438]]
Recreation Area and issue these new supplementary rules under the
Federal Land Policy and Management Act (FLPMA), Title 43 U.S.C. 1740
and Title 43 CFR 8365.1-6. The supplementary rules set forth
requirements and prohibited acts that are applicable within the HWD
Recreation Area, Graham County, Arizona.
IV. Procedural Matters
The principal author of the proposed supplementary rules is Larry
Ramirez, Gila District/Safford Field Office Law Enforcement Ranger for
the Bureau of Land Management.
Executive Order 12866, Regulatory Planning and Review
These proposed 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. The proposed supplementary rules
will not have an annual effect of $100 million or more on the economy.
They are not intended to affect commercial activity, but impose rules
of conduct on recreational visitors for health protection reasons in a
limited area of the public lands. The supplementary rules will not
adversely affect, in a material way, the economy, productivity,
competition, jobs, environment, public health or safety, or State,
local, or tribal governments or communities. The proposed supplementary
rules do not materially 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
merely strive to protect human health, safety, and the environment.
Clarity of the Proposed 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 proposed supplementary rules easier to understand,
including answers to questions such as the following:
(1) Are the requirements in the proposed supplementary rules
clearly stated?
(2) Do the proposed supplementary rules contain technical language
or jargon that interferes with their clarity?
(3) Does the format of the proposed supplementary rules (grouping
and order of sections, use of headings, paragraphing, etc.) aid or
reduce their clarity?
(4) Would the proposed supplementary rules be easier to understand
if they were divided into more (but shorter) sections?
(5) Is the description of the proposed supplementary rules in the
SUPPLEMENTARY INFORMATION section of this preamble helpful in
understanding the proposed supplementary rules? How could this
description be more helpful in making the proposed supplementary rules
easier to understand?
Please send any comments you may have on the clarity of the
proposed supplementary rules to one of the addresses specified in the
ADDRESSES section.
National Environmental Policy Act
The proposed supplementary rules do 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, Title 42 U.S.C. 4332(2)(C). This conclusion is set forth in a
Finding of No Significant Impact signed by the Field Manager and
supported by an Environmental Assessment.
Regulatory Flexibility Act
Congress enacted the Regulatory Flexibility Act (RFA) of 1980, as
amended, Title 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 proposed supplementary rules
do not have a significant economic impact on entities of any size, but
provide for the protection of persons, property, and resources on
specific public lands. Therefore, the BLM has determined under the RFA
that the proposed supplementary rules would not have a significant
economic impact on a substantial number of small entities.
Small Business Regulatory Enforcement Fairness Act
These proposed supplementary rules do not constitute a ``major
rule'' as defined at Title 5 U.S.C. 804(2). The proposed supplementary
rules merely contain rules of conduct for recreational use of certain
public lands. The proposed supplementary rules would have little or no
effect on the economy.
Unfunded Mandates Reform Act
The proposed supplementary rules do not impose an unfunded mandate
on State, local, or tribal governments in the aggregate, or the private
sector, of more than $100 million per year; nor would they have a
significant or unique effect on small governments. These proposed
supplementary rules do not require anything of State, local, or tribal
governments. Therefore, the BLM is not required to prepare a statement
containing the information required by section 202 of the Unfunded
Mandates Reform Act (Title 2 U.S.C. 1532).
Executive Order 12630, Governmental Actions and Interference With
Constitutionally Protected Property Rights (Takings)
The proposed supplementary rules are not a government action
capable of interfering with constitutionally protected property rights.
The proposed supplementary rules do not address property rights or
cause the impairment of anybody's property rights. Therefore, the BLM
has determined that these proposed 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 proposed supplementary rules will not have substantial direct
effects on the States, on the relationship between the Federal
Government and the States, or on the distribution of power and
responsibilities among the various levels of government. The proposed
supplementary rules apply to a limited area of land in only one State,
Arizona. Therefore, the BLM has determined that the proposed
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, we have determined that the proposed
supplementary rules will not unduly burden the judicial system and that
the requirements of sections 3(a) and 3(b)(2) of the Order are met. The
supplementary rules contain rules of conduct for recreational use of
certain public lands to protect human health and the environment.
Executive Order 13175, Consultation and Coordination With Indian Tribal
Governments
In accordance with Executive Order 13175, the BLM has found that
these proposed supplementary rules do not include policies that have
tribal implications. The proposed supplementary rules do not affect
lands held for the benefit of Indians, Aleuts, or Eskimos.
[[Page 61439]]
Paperwork Reduction Act
These proposed supplementary rules do not contain information
collection requirements that the Office of Management and Budget must
approve under the Paperwork Reduction Act, Title 44 U.S.C. 3501 et seq.
Supplementary Rules for the Hot Well Dunes Recreation Area, Graham
County, Arizona
1. Vehicle Rider Capacity
A person operating an off-road vehicle within the HWD Recreation
Area shall ride only on the permanent, regular seat attached to the
off-road vehicle. The operator of an off-road vehicle shall not carry
any additional person(s) on an off-road vehicle unless the vehicle is
designed and manufactured to carry such additional person(s). No person
shall ride an off-road vehicle unless the vehicle is designed and
manufactured to carry that person.
2. Clinging to or Being Towed by a Vehicle
No person operating an off-road vehicle within the HWD Recreation
Area shall attach the off-road vehicle to any object or person and tow
such object or person. No person shall cling to, or be towed by, an
off-road vehicle.
3. Safety Flags
Safety flags are required on all off-road vehicles used within the
HWD Recreation Area. An exception to this requirement is made for
Recreation Vehicles (RVs), Sport Utility Vehicles (SUVs), pickup
trucks, and passenger sedans. Safety flags must be brilliant orange or
red in color, and at least six (6) inches by 12 inches in size. Masts
must be securely mounted on the off-road vehicle and extend eight (8)
feet from the ground to the mast tip. Safety flags must be firmly
attached to the top portion of a mast.
4. Vehicle Use
No off-road vehicle within the HWD Recreation Area will be allowed
within areas enclosed by the metal, tube railings there or where signed
as prohibited.
5. Nudity
Public nudity within the HWD Recreation Area and, in particular, in
the hot tubs there, is prohibited.
6. Firearms and Archery
Archery and the discharge of firearms or other weapons, including
pneumatic and spring-loaded BB guns and pellet guns, are prohibited
within the HWD Recreation Area.
7. Pets
Pets must be leashed or otherwise physically restricted at all
times within the HWD Recreation Area.
8. Speed Limit
The speed limit for off-road vehicles within the HWD Recreation
Area is 10 miles per hour on the main access road and within 50 feet on
either side of the main access road. The speed limit is also 10 miles
per hour within 50 feet of a campsite or any concentration of three (3)
or more people. Operating an off-road vehicle above this speed is
prohibited.
9. Camping
Camping within the HWD Recreation Area is not allowed within the
designated parking area; within areas enclosed by metal, tube railings;
or where signed as prohibited.
10. Waste Disposal
Dumping of sewage or gray water is prohibited within the HWD
Recreation Area.
11. Length of Stay
To ensure that everyone has an opportunity to enjoy the area,
camping is limited to 14 days within any 28-day period.
Penalties
Under the Federal Land Policy and Management Act of 1976 (Title 43
U.S.C. 1733(a)), 43 CFR 8365.1-6, and 43 CFR 8360.0-7, persons who
violate any of these supplementary rules are subject to arrest and,
upon conviction, may be fined up to $1,000 and/or imprisoned for not
more than 12 months, and may be subject to the enhanced penalties under
Title 18 U.S.C. 3571.
Dated: October 8, 2008.
Helen M. Hankins,
Acting Arizona State Director.
[FR Doc. E8-24580 Filed 10-15-08; 8:45 am]
BILLING CODE 4310-32-P
