Notice of Proposed Supplementary Rules for Motorized Dispersed Camping at the Sand Spring and Dry Lake Bed Sites Managed by the Kanab Field Office, Kane County, UT, 63014-63017 [E8-25153]
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Federal Register / Vol. 73, No. 205 / Wednesday, October 22, 2008 / Notices
boundaries and subdivisional lines, and
the subdivision of section 33.
T. 12 S., R. 26 E., approved July 28,
2008, for Group 918 NM; of the
corrective resurvey of the north
boundary and subdivisional lines, the
dependent resurvey of the north
boundary and subdivisional lines, and
subdivision of sections 5 and 17.
Cebolleta Grant; approved August 21,
2008, for Group 1069 NM; of the
dependent resurvey of the west
boundary and the metes-and-bounds
survey of the Mt. Taylor Ranch Tracts 1
and 2.
If a protest against a survey, as shown
on any of the above plats, is received
prior to the date of official filing, the
filing will be stayed pending
consideration of the protest. A plat will
not be officially filed until the day after
all protests have been dismissed and
become final or appeals from the
dismissal affirmed.
A person or party who wishes to
protest against any of these surveys
must file a written protest with the NM
State Director, Bureau of Land
Management, stating that they wish to
protest.
A statement of reasons for a protest
may be filed with the notice of a protest
to the State Director, or the statement of
reasons must be filed with the State
Director within thirty (30) days after the
protest is filed. The above-listed plats
represent dependent resurveys, surveys,
and subdivisions.
FOR FURTHER INFORMATION CONTACT:
These plats will be available for
inspection in the New Mexico State
Office, Bureau of Land Management,
P.O. Box 27115, Santa Fe, New Mexico,
87502–0115. Copies may be obtained
from this office upon payment of $1.10
per sheet.
Dated: October 15, 2008.
Robert A. Casias,
Chief Cadastral Surveyor for New Mexico.
[FR Doc. E8–25127 Filed 10–21–08; 8:45 am]
BILLING CODE 4310–FB–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
sroberts on PROD1PC70 with NOTICES
[UT–110–07–1220–PM–24–1A]
Notice of Proposed Supplementary
Rules for Motorized Dispersed
Camping at the Sand Spring and Dry
Lake Bed Sites Managed by the Kanab
Field Office, Kane County, UT
Bureau of Land Management,
Interior.
ACTION: Proposed Supplementary Rules.
AGENCY:
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SUMMARY: The Bureau of Land
Management (BLM) is proposing
supplementary rules for motorized
camping at two undeveloped sites
within the Moquith Mountain
Wilderness Study Area (WSA). The
proposed supplementary rules would
help protect public health, and maintain
Wilderness Study Area values and
public land recreation opportunities in
the area.
DATES: Comments on the proposed
supplementary rules must be received
or postmarked by November 21, 2008 to
be assured consideration. In developing
final supplementary rules, BLM may not
consider comments postmarked or
received in person or by electronic mail
after this date.
ADDRESSES: Mail or hand deliver all
comments concerning the proposed
supplementary rule to the Bureau of
Land Management, 318 North First East,
Kanab, Utah 84741 or e-mail comments
to Mail_UT-Kanab@ut.blm.gov
FOR FURTHER INFORMATION CONTACT:
Documents associated with the
development of these supplementary
rules, including but not limited to
environmental and other analyses, can
be viewed by contacting Tom
Christensen, Outdoor Recreation
Planner, BLM Kanab Field Office, 318
North First East, Kanab, Utah 84741, or
telephone 435–644–4600.
SUPPLEMENTARY INFORMATION:
I. Public Comment Procedures
This notice and a map depicting the
area included under this requirement
are available for public review at the
Kanab Field Office. The area covered by
this requirement is also shown on a map
on the Kanab Field Office’s Web site at
https://www.blm.gov/ut/st/en/fo/
kanab.html.
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 rule that the
comment is addressing. The BLM need
not consider (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
proposed supplementary rules at the
Federal eRulemaking Portal by
following the instructions at that site
(see ADDRESSES).
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Comments, including names, street
addresses, and other contact
information of respondents, will be
available for public review at the Kanab
Field Office, 318 North First East,
Kanab, Utah 84741, during regular
business hours (7:45 a.m. to 4:30 p.m.),
Monday through Friday, except Federal
holidays.
Before including your address,
telephone 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 any time.
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.
II. Background
The BLM established the 14,830-acre
Moquith Mountain WSA in 1980 upon
determining that the public lands that
now comprise the WSA contain
wilderness characteristics of
naturalness, outstanding opportunities
for solitude, and primitive and
unconfined recreation values. The
Wilderness Act (16 U.S.C. 1131–1136)
and section 603 of the Federal Land
Policy and Management Act (43 U.S.C.
1782) provided the authority for
establishing the WSA. The BLM Kanab
Field Office in Kane County, Utah
manages the WSA.
The following supplementary rules
are proposed to implement the
Vermilion Management Framework Plan
(MFP) Amendment and associated
Decision Record (August 2000) with
respect to motorized dispersed camping
at two sites within the WSA. These
sites, which are known as Sand Spring
and the dry lake bed, are located on the
periphery of the Coral Pink Sand Dunes.
The northern portion of the Coral Pink
Sand Dunes (approximately 1,500 acres)
is part of the Moquith Mountain WSA.
The remaining 2,000 acres of the Dunes
are within Coral Pink Sand Dunes State
Park. No distinctive land form features
separate BLM and State Park lands.
Recreation facilities in the Coral Pink
Sand Dunes State Park consist of a 22unit developed campground (with
water, rest room, and shower facilities),
a day-use area, parking lot, interpretive
board walk, utility facilities and an
office. The BLM administers the nineunit Ponderosa Grove Campground at
the northern end of the sand dunes.
Facilities at Ponderosa Grove include
picnic tables, grills, and fire rings, vault
toilets, and limited vehicle parking. At
times during the year, especially on
holiday weekends, these developed
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campgrounds are not sufficient to meet
camping needs.
For this reason, the MFP Amendment
provides for alternative, undeveloped
camping areas at Sand Spring and up to
four acres of the dry lake bed, and
includes some rules to prevent harm to
visitors or resources. This type of
recreation is known as dispersed
camping. The MFP Amendment also
provides for cooperation with the State
Park in the management of the WSA.
The BLM has shared management of the
dunes portion of the WSA with the State
Park since 2002, under the terms of an
Assistance Agreement. The BLM
contributes funding in exchange for
enhanced staffing and patrols provided
by State Park personnel. At present, no
supplementary rules are in effect for
Sand Spring or the dry lake bed.
III. Discussion of Proposed
Supplementary Rules
As noted in the Vermilion MFP
Amendment, the BLM has allowed
dispersed motorized and non-motorized
camping at Sand Spring and the dry
lake bed for several years, and has been
monitoring camping activities at the two
sites. Recently BLM has observed
increasing hazards to visitors and to
natural resources due to fires and
improper disposal of garbage, ashes, and
wastewater (also known as gray water)
from sinks, baths or laundry machines.
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A. Proposed Fire Rules
At Sand Spring, the BLM has
observed damage to vegetation and
adjacent fencing caused by fires, as well
as safety and sanitation hazards
resulting from trash left in fire rings.
Since these impacts are nearly always
associated with campers situated beside
the main dunes access route, the BLM
has determined that a prohibition on all
ground fires within a 500-foot radius of
the designated motorized entry path to
the sand dunes within the Moquith
Mountain WSA is necessary in order to
safeguard public safety and to prevent
damage to the wilderness characteristics
of the WSA.
At the dry lake bed, the BLM has
observed that the camping areas can
become tightly confined. In these
circumstances, open fires and fires in
fire rings put visitors’ safety at risk, and
can adversely impact the wilderness
characteristics of the Moquith Mountain
WSA. The BLM has determined that,
while an outright prohibition on ground
fires is unwarranted at the dry lake bed,
requiring fire pans at that location
would help contain fire, and facilitate
the collection and removal of ashes.
Safety hazards and impacts to the
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ground and vegetation would thus be
reduced.
The BLM does not propose to require
any specific type of fire pan in these
supplementary rules. However, BLM
recommends the use of a metal tray with
rigid sides, at least 3 inches high, and
a stand that elevates the fire pan above
the ground.
B. Proposed Disposal Rules
Recently the BLM has observed
unsanitary conditions at both Sand
Spring and the dry lake bed, as a result
of the disposal of garbage, ashes, and
gray water. Visitors’ health, safety, and
recreational experience are at risk, as is
the naturalness character of the WSA.
Existing regulations at 43 CFR 8365.1
through 8365.1–7 address the use and
occupancy of all public lands, including
the undeveloped campsites at Sand
Spring and the dry lake bed. One of
these regulations provides that no
person shall dispose of ‘‘sewage or
petroleum products or dump refuse or
waste other than wash water from any
trailer or other vehicle except in places
or receptacles provided for that
purpose.’’ 43 CFR 8365.1–1(b)(3). Since
Sand Spring and the dry bed are
undeveloped sites without designated
disposal places or receptacles, the BLM
construes this existing regulation as a
prohibition against disposal of water
from toilets at those locations. The
existing regulation thus mitigates some,
but not all, of the unsanitary conditions
that have been observed at Sand Spring
and the dry lake bed.
In order to further improve
conditions, the proposed supplementary
rules would prohibit the disposal of
garbage, ashes and gray water, and the
digging of holes for the purpose of such
disposal. The objectives of such
supplementary rules would be to
safeguard public health and safety,
restore a high-quality recreational
experience for all visitors, and minimize
the human imprint on the WSA.
If these proposed supplementary rules
become effective, the BLM will include
information about them on signs at or
leading to major camping areas in the
WSA.
63015
affect commercial activity, but impose
rules of conduct on recreational visitors
for health protection reasons in a
limited area of public lands. The
supplementary rules would 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. The
proposed supplementary rules would
not create a serious inconsistency or
otherwise interfere with an action taken
or planned by another agency. 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.
Executive Order 12866, Regulatory
Planning and Review
Clarity of the Rules
Executive Order 12866 requires each
agency to write regulations that are
simple and easy to understand. The
BLM invites 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
SUPPLMENTARY 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.
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 would not have an
annual effect of $100 million or more on
the economy. They are not intended to
National Environmental Policy Act
As documented in Environmental
Assessment No. UT–110–08–012
(‘‘Supplementary Rules for Dry Lakebed
and Sand Spring at Coral Pink Sand
Dunes’’), and an associated Finding of
No Significant Impact and Decision
Record, the proposed supplementary
IV. Procedural Matters
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Federal Register / Vol. 73, No. 205 / Wednesday, October 22, 2008 / Notices
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, 42
U.S.C. 4332(2)(C).
Regulatory Flexibility Act
Congress enacted the Regulatory
Flexibility Act (RFA), 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 pertain specifically to commercial or
governmental entities of any size, but to
public recreational use of 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 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 not affect
business, commercial, or industrial use
of the public lands.
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Unfunded Mandates Reform Act
The proposed supplementary rules
would 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. Theses 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
the Unfunded Mandates Reform Act, 2
U.S.C. 1531 et seq.
Executive Order 12630, Governmental
Actions and Interference with
Constitutionally Protected Property
Rights (Takings)
The 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 in any form, and do not
cause the impairment of anybody’s
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17:50 Oct 21, 2008
Jkt 217001
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
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
proposed supplementary rules apply on
a limited area of land in only one State,
Utah. 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, the
BLM has determined that the proposed
supplementary rules would 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.
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, 44
U.S.C. 3501 et seq.
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
These proposed supplementary rules
do not comprise a significant energy
action. The supplementary rules would
not have an adverse effect on energy
supplies, production, or consumption.
They only address motorized dispersed
camping at two sites on BLM-
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administered public lands, and have no
connection with energy policy.
Author
The principal author of the proposed
supplementary rules is Tom
Christensen, Outdoor Recreation
Planner, Kanab Field Office, Bureau of
Land Management.
For the reasons stated in the
Preamble, and under the authority for
supplementary rules at 43 U.S.C. 1740
and 43 CFR 8365.1–6, the Utah State
Director, Bureau of Land Management,
proposes to issue these supplementary
rules for public lands managed by the
BLM in Utah, to read as follows:
Supplementary Rules for Dispersed
Camping at the Sand Spring and Dry
Lake Bed Sites Managed by the Kanab
Field Office, Kane County, UT
Definitions
Gray water: Wastewater from a sink,
bath or laundry machine.
Motorized dispersed camping: The
erecting of a tent or other shelter, with
the parking of a motor vehicle, motor
home or trailer, on public lands away
from developed recreation facilities, for
the apparent purpose of overnight
occupancy while engaged in
recreational activities such as hiking,
hunting, fishing, bicycling, sightseeing,
off-road vehicle activities, or other
generally recognized forms of
recreation.
Supplementary Rules
1. These supplementary rules apply,
except as specifically exempted, to all
motorized dispersed camping in and
adjacent to Sand Spring and the dry lake
bed campsites within the Moquith
Mountain Wilderness Study Area
(WSA). These campsites are comprised
of public lands administered by the
Bureau of Land Management near
Kanab, Utah inclusive of the following
sections: T. 43 S., R. 7 W., Section 17
and 18; and T. 43 S., R. 8 W., Section
14.
2. These supplementary rules are in
effect on a year-round basis and will
remain in effect until modified by the
authorized officer.
3. Ground fires are prohibited at Sand
Spring within a 500-foot radius of the
designated motorized entry path to the
sand dunes within the Moquith
Mountain WSA.
4. Ground fires that are not contained
within a fire pan are prohibited at the
dry lake bed.
5. Disposal of garbage, ashes or gray
water is prohibited at Sand Spring and
the dry lake bed. The digging of holes
for the purpose of disposal of garbage,
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Federal Register / Vol. 73, No. 205 / Wednesday, October 22, 2008 / Notices
ashes or gray water at Sand Spring and
the dry lake bed is also prohibited.
Enforcement
Any person who violates any of these
supplementary rules may be tried before
a United States Magistrate and fined no
more than $1,000, imprisoned no more
than 12 months, or both, in accordance
with 43 U.S.C. 1733(a) and 43 CFR
8360.0–7. Such violations may also be
subject to the enhanced penalties
provided by 18 U.S.C 3571 and 3581. In
accordance with 43 CFR 8365.1–7, State
or local officials may also impose
penalties for violations of Utah law.
Jeff Rawson,
Acting State Director.
[FR Doc. E8–25153 Filed 10–21–08; 8:45 am]
BILLING CODE 4310–DQ–P
DEPARTMENT OF THE INTERIOR
Minerals Management Service
[Docket No. MMS–2008–OMM–0026]
MMS Information Collection Activity:
1010–00570, Pollution Prevention and
Control, Extension of a Collection;
Submitted for Office of Management
and Budget (OMB) Review; Comment
Request
Minerals Management Service
(MMS), Interior.
ACTION: Notice of an extension of an
information collection (1010–0057).
sroberts on PROD1PC70 with NOTICES
AGENCY:
SUMMARY: To comply with the
Paperwork Reduction Act of 1995
(PRA), we are notifying the public that
we have submitted to OMB an
information collection request (ICR) to
renew approval of the paperwork
requirements in the regulations under
30 CFR Part 250, Subpart C, Pollution
Prevention and Control and related
documents. This notice also provides
the public a second opportunity to
comment on the paperwork burden of
these regulatory requirements.
DATE: Submit written comments by
November 21, 2008.
ADDRESSES: You should submit
comments directly to the Office of
Information and Regulatory Affairs,
OMB, Attention: Desk Officer for the
Department of the Interior (1010–0057),
either by fax (202) 395–6566 or e-mail
(OIRA_DOCKET@omb.eop.gov).
Please also send a copy to MMS by
either of the following methods:
• https://www.regulations.gov. Under
the tab, More Search Options, click
Advanced Docket Search, then select,
Minerals Management Service from the
agency drop-down menu, then click
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17:50 Oct 21, 2008
Jkt 217001
submit. In the Docket ID column, select
MMS–2008–OMM–0026 to submit
public comments and to view
supporting and related materials
available for this rulemaking.
Information on using Regulations.gov,
including instructions for accessing
documents, submitting comments, and
viewing the docket after the close of the
comment period, is available through
the site’s User Tips link. Submit
comments to regulations.gov by
November 21, 2008. The MMS will post
all comments.
• Mail or hand-carry comments to the
Department of the Interior; Minerals
Management Service; Attention: Cheryl
Blundon; 381 Elden Street, MS–4024;
Herndon, Virginia 20170–4817. Please
reference, Information Collection 1010–
0057, in your subject line and mark your
message for return receipt. Include your
name and return address in your
message text.
FOR FURTHER INFORMATION CONTACT:
Cheryl Blundon, Regulations and
Standards Branch, (703) 787–1607. You
may also contact Cheryl Blundon to
obtain a copy, at no cost, of the
regulation that requires the subject
collection of information.
SUPPLEMENTARY INFORMATION:
Title: 30 CFR Part 250, Subpart C,
Pollution Prevention and Control.
OMB Control Number: 1010–0057.
Abstract: The Outer Continental Shelf
(OCS) Lands Act, as amended (43 U.S.C.
1331 et seq., and 43 U.S.C. 1801 et seq.),
authorizes the Secretary of the Interior
(Secretary) to prescribe rules and
regulations to manage the mineral
resources of the OCS. Such rules and
regulations will apply to all operations
conducted under a lease, right-of-use
and easement, and pipeline right-ofway. Operations on the OCS must
preserve, protect, and develop oil and
natural gas resources in a manner that
is consistent with the need to make such
resources available to meet the Nation’s
energy needs as rapidly as possible; to
balance orderly energy resource
development with protection of human,
marine, and coastal environments; to
ensure the public a fair and equitable
return on the resources of the OCS; and
to preserve and maintain free enterprise
competition.
Section 1332(6) states that
‘‘operations in the [O]uter Continental
Shelf should be conducted in a safe
manner by well-trained personnel using
technology, precautions, and techniques
sufficient to prevent or minimize the
likelihood of blowouts, loss of well
control, fires, spillages, physical
obstruction to other users of the waters
or subsoil and seabed, or other
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63017
occurrences which may cause damage to
the environment or to property, or
endanger life or health.’’ Section
1334(a)(8) requires that regulations
prescribed by the Secretary include
provisions ‘‘for compliance with the
National Ambient Air Quality Standards
[NAAQS] pursuant to the Clean Air Act
(42 U.S.C. 7401 et seq.), to the extent
that activities authorized under this Act
significantly affect the air quality of any
State.’’ Section 1843(b) calls for
‘‘regulations requiring all materials,
equipment, tools, containers, and all
other items used on the Outer
Continental Shelf to be properly color
coded, stamped, or labeled, wherever
practicable, with the owner’s
identification prior to actual use.’’
Regulations implementing these
responsibilities are under 30 CFR Part
250, Subpart C. Responses are
mandatory. No questions of a sensitive
nature are asked. The MMS protects
information considered proprietary
according to 30 CFR 250.197, Data and
information to be made available to the
public or for limited inspection, and the
Freedom of Information Act (5 U.S.C.
552) and its implementing regulations
(43 CFR 2).
The MMS OCS Regions collect
information required under part 250,
subpart C, to ensure that:
• There is no threat of serious,
irreparable, or immediate damage to the
marine environment and to identify
potential hazards to commercial fishing
caused by OCS oil and gas exploration,
development, and production activities;
• The operator records the location of
items lost overboard to aid in recovery
during site clearance activities on the
lease;
• Operations are conducted according
to all applicable regulations, permit
conditions and requirements, and
conducted in a safe and workmanlike
manner;
• OCS oil and gas operations
minimize air pollution of the OCS and
adjacent onshore areas and comply with
the required emission levels;
• A data baseline is established for
the meteorological conditions in frontier
areas of the OCS to determine that
offshore facilities and operational
practices can withstand the expected
environmental forces in an area;
• Discharge or disposal of drill
cuttings, sand, and other well solids,
including those containing naturally
occurring radioactive materials (NORM),
are properly handled for the protection
of OCS workers and the environment;
and
• Facilities are inspected daily for the
prevention of pollution, and problems
observed are corrected.
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]]>Agencies
[Federal Register Volume 73, Number 205 (Wednesday, October 22, 2008)]
[Notices]
[Pages 63014-63017]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-25153]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[UT-110-07-1220-PM-24-1A]
Notice of Proposed Supplementary Rules for Motorized Dispersed
Camping at the Sand Spring and Dry Lake Bed Sites Managed by the Kanab
Field Office, Kane County, UT
AGENCY: Bureau of Land Management, Interior.
ACTION: Proposed Supplementary Rules.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Land Management (BLM) is proposing supplementary
rules for motorized camping at two undeveloped sites within the Moquith
Mountain Wilderness Study Area (WSA). The proposed supplementary rules
would help protect public health, and maintain Wilderness Study Area
values and public land recreation opportunities in the area.
DATES: Comments on the proposed supplementary rules must be received or
postmarked by November 21, 2008 to be assured consideration. In
developing final supplementary rules, BLM may not consider comments
postmarked or received in person or by electronic mail after this date.
ADDRESSES: Mail or hand deliver all comments concerning the proposed
supplementary rule to the Bureau of Land Management, 318 North First
East, Kanab, Utah 84741 or e-mail comments to Mail_UT-Kanab@ut.blm.gov
FOR FURTHER INFORMATION CONTACT: Documents associated with the
development of these supplementary rules, including but not limited to
environmental and other analyses, can be viewed by contacting Tom
Christensen, Outdoor Recreation Planner, BLM Kanab Field Office, 318
North First East, Kanab, Utah 84741, or telephone 435-644-4600.
SUPPLEMENTARY INFORMATION:
I. Public Comment Procedures
This notice and a map depicting the area included under this
requirement are available for public review at the Kanab Field Office.
The area covered by this requirement is also shown on a map on the
Kanab Field Office's Web site at https://www.blm.gov/ut/st/en/fo/
kanab.html.
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 rule that the comment is addressing. The BLM need not consider
(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
proposed 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
Kanab Field Office, 318 North First East, Kanab, Utah 84741, during
regular business hours (7:45 a.m. to 4:30 p.m.), Monday through Friday,
except Federal holidays.
Before including your address, telephone 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 any time. 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.
II. Background
The BLM established the 14,830-acre Moquith Mountain WSA in 1980
upon determining that the public lands that now comprise the WSA
contain wilderness characteristics of naturalness, outstanding
opportunities for solitude, and primitive and unconfined recreation
values. The Wilderness Act (16 U.S.C. 1131-1136) and section 603 of the
Federal Land Policy and Management Act (43 U.S.C. 1782) provided the
authority for establishing the WSA. The BLM Kanab Field Office in Kane
County, Utah manages the WSA.
The following supplementary rules are proposed to implement the
Vermilion Management Framework Plan (MFP) Amendment and associated
Decision Record (August 2000) with respect to motorized dispersed
camping at two sites within the WSA. These sites, which are known as
Sand Spring and the dry lake bed, are located on the periphery of the
Coral Pink Sand Dunes. The northern portion of the Coral Pink Sand
Dunes (approximately 1,500 acres) is part of the Moquith Mountain WSA.
The remaining 2,000 acres of the Dunes are within Coral Pink Sand Dunes
State Park. No distinctive land form features separate BLM and State
Park lands.
Recreation facilities in the Coral Pink Sand Dunes State Park
consist of a 22-unit developed campground (with water, rest room, and
shower facilities), a day-use area, parking lot, interpretive board
walk, utility facilities and an office. The BLM administers the nine-
unit Ponderosa Grove Campground at the northern end of the sand dunes.
Facilities at Ponderosa Grove include picnic tables, grills, and fire
rings, vault toilets, and limited vehicle parking. At times during the
year, especially on holiday weekends, these developed
[[Page 63015]]
campgrounds are not sufficient to meet camping needs.
For this reason, the MFP Amendment provides for alternative,
undeveloped camping areas at Sand Spring and up to four acres of the
dry lake bed, and includes some rules to prevent harm to visitors or
resources. This type of recreation is known as dispersed camping. The
MFP Amendment also provides for cooperation with the State Park in the
management of the WSA. The BLM has shared management of the dunes
portion of the WSA with the State Park since 2002, under the terms of
an Assistance Agreement. The BLM contributes funding in exchange for
enhanced staffing and patrols provided by State Park personnel. At
present, no supplementary rules are in effect for Sand Spring or the
dry lake bed.
III. Discussion of Proposed Supplementary Rules
As noted in the Vermilion MFP Amendment, the BLM has allowed
dispersed motorized and non-motorized camping at Sand Spring and the
dry lake bed for several years, and has been monitoring camping
activities at the two sites. Recently BLM has observed increasing
hazards to visitors and to natural resources due to fires and improper
disposal of garbage, ashes, and wastewater (also known as gray water)
from sinks, baths or laundry machines.
A. Proposed Fire Rules
At Sand Spring, the BLM has observed damage to vegetation and
adjacent fencing caused by fires, as well as safety and sanitation
hazards resulting from trash left in fire rings. Since these impacts
are nearly always associated with campers situated beside the main
dunes access route, the BLM has determined that a prohibition on all
ground fires within a 500-foot radius of the designated motorized entry
path to the sand dunes within the Moquith Mountain WSA is necessary in
order to safeguard public safety and to prevent damage to the
wilderness characteristics of the WSA.
At the dry lake bed, the BLM has observed that the camping areas
can become tightly confined. In these circumstances, open fires and
fires in fire rings put visitors' safety at risk, and can adversely
impact the wilderness characteristics of the Moquith Mountain WSA. The
BLM has determined that, while an outright prohibition on ground fires
is unwarranted at the dry lake bed, requiring fire pans at that
location would help contain fire, and facilitate the collection and
removal of ashes. Safety hazards and impacts to the ground and
vegetation would thus be reduced.
The BLM does not propose to require any specific type of fire pan
in these supplementary rules. However, BLM recommends the use of a
metal tray with rigid sides, at least 3 inches high, and a stand that
elevates the fire pan above the ground.
B. Proposed Disposal Rules
Recently the BLM has observed unsanitary conditions at both Sand
Spring and the dry lake bed, as a result of the disposal of garbage,
ashes, and gray water. Visitors' health, safety, and recreational
experience are at risk, as is the naturalness character of the WSA.
Existing regulations at 43 CFR 8365.1 through 8365.1-7 address the
use and occupancy of all public lands, including the undeveloped
campsites at Sand Spring and the dry lake bed. One of these regulations
provides that no person shall dispose of ``sewage or petroleum products
or dump refuse or waste other than wash water from any trailer or other
vehicle except in places or receptacles provided for that purpose.'' 43
CFR 8365.1-1(b)(3). Since Sand Spring and the dry bed are undeveloped
sites without designated disposal places or receptacles, the BLM
construes this existing regulation as a prohibition against disposal of
water from toilets at those locations. The existing regulation thus
mitigates some, but not all, of the unsanitary conditions that have
been observed at Sand Spring and the dry lake bed.
In order to further improve conditions, the proposed supplementary
rules would prohibit the disposal of garbage, ashes and gray water, and
the digging of holes for the purpose of such disposal. The objectives
of such supplementary rules would be to safeguard public health and
safety, restore a high-quality recreational experience for all
visitors, and minimize the human imprint on the WSA.
If these proposed supplementary rules become effective, the BLM
will include information about them on signs at or leading to major
camping areas in the WSA.
IV. Procedural Matters
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
would 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 public lands. The supplementary rules would 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. The proposed supplementary
rules would not create a serious inconsistency or otherwise interfere
with an action taken or planned by another agency. 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 Rules
Executive Order 12866 requires each agency to write regulations
that are simple and easy to understand. The BLM invites 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
SUPPLMENTARY 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
As documented in Environmental Assessment No. UT-110-08-012
(``Supplementary Rules for Dry Lakebed and Sand Spring at Coral Pink
Sand Dunes''), and an associated Finding of No Significant Impact and
Decision Record, the proposed supplementary
[[Page 63016]]
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, 42 U.S.C. 4332(2)(C).
Regulatory Flexibility Act
Congress enacted the Regulatory Flexibility Act (RFA), 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 pertain
specifically to commercial or governmental entities of any size, but to
public recreational use of 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 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 not affect business,
commercial, or industrial use of the public lands.
Unfunded Mandates Reform Act
The proposed supplementary rules would 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. Theses 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 the Unfunded Mandates Reform
Act, 2 U.S.C. 1531 et seq.
Executive Order 12630, Governmental Actions and Interference with
Constitutionally Protected Property Rights (Takings)
The 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 in any
form, and do not 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 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 proposed
supplementary rules apply on a limited area of land in only one State,
Utah. 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, the BLM has determined that the
proposed supplementary rules would 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.
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, 44 U.S.C. 3501 et seq.
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
These proposed supplementary rules do not comprise a significant
energy action. The supplementary rules would not have an adverse effect
on energy supplies, production, or consumption. They only address
motorized dispersed camping at two sites on BLM-administered public
lands, and have no connection with energy policy.
Author
The principal author of the proposed supplementary rules is Tom
Christensen, Outdoor Recreation Planner, Kanab Field Office, Bureau of
Land Management.
For the reasons stated in the Preamble, and under the authority for
supplementary rules at 43 U.S.C. 1740 and 43 CFR 8365.1-6, the Utah
State Director, Bureau of Land Management, proposes to issue these
supplementary rules for public lands managed by the BLM in Utah, to
read as follows:
Supplementary Rules for Dispersed Camping at the Sand Spring and Dry
Lake Bed Sites Managed by the Kanab Field Office, Kane County, UT
Definitions
Gray water: Wastewater from a sink, bath or laundry machine.
Motorized dispersed camping: The erecting of a tent or other
shelter, with the parking of a motor vehicle, motor home or trailer, on
public lands away from developed recreation facilities, for the
apparent purpose of overnight occupancy while engaged in recreational
activities such as hiking, hunting, fishing, bicycling, sightseeing,
off-road vehicle activities, or other generally recognized forms of
recreation.
Supplementary Rules
1. These supplementary rules apply, except as specifically
exempted, to all motorized dispersed camping in and adjacent to Sand
Spring and the dry lake bed campsites within the Moquith Mountain
Wilderness Study Area (WSA). These campsites are comprised of public
lands administered by the Bureau of Land Management near Kanab, Utah
inclusive of the following sections: T. 43 S., R. 7 W., Section 17 and
18; and T. 43 S., R. 8 W., Section 14.
2. These supplementary rules are in effect on a year-round basis
and will remain in effect until modified by the authorized officer.
3. Ground fires are prohibited at Sand Spring within a 500-foot
radius of the designated motorized entry path to the sand dunes within
the Moquith Mountain WSA.
4. Ground fires that are not contained within a fire pan are
prohibited at the dry lake bed.
5. Disposal of garbage, ashes or gray water is prohibited at Sand
Spring and the dry lake bed. The digging of holes for the purpose of
disposal of garbage,
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ashes or gray water at Sand Spring and the dry lake bed is also
prohibited.
Enforcement
Any person who violates any of these supplementary rules may be
tried before a United States Magistrate and fined no more than $1,000,
imprisoned no more than 12 months, or both, in accordance with 43
U.S.C. 1733(a) and 43 CFR 8360.0-7. Such violations may also be subject
to the enhanced penalties provided by 18 U.S.C 3571 and 3581. In
accordance with 43 CFR 8365.1-7, State or local officials may also
impose penalties for violations of Utah law.
Jeff Rawson,
Acting State Director.
[FR Doc. E8-25153 Filed 10-21-08; 8:45 am]
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