Proposed Supplementary Rules for Public Lands Within the Lower Lake Creek Special Recreation Management Area, Eugene District, OR, 47662-47665 [2012-19533]
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Federal Register / Vol. 77, No. 154 / Thursday, August 9, 2012 / Notices
Issue topic
A—No action alternative
Facilities Issue 1:
Roads.
Cooperate with county maintenance
personnel for refuge entrance road,
and maintain other refuge roads.
Facilities Issue 2:
Development of
Administrative
Complex.
Administrative operations conducted
out of three portable structures.
B—Optimal habitat management and
public use (proposed action) alternative
Same as Alternative A; plus acquire jurisdiction and maintenance responsibilities of existing refuge entrance
road and widen to two full lanes;
bury powerline along entrance road;
evaluate and remove services roads
where necessary.
Develop and approve site plan for new
integrated administrative complex.
Comments
We solicited comments on the draft
CCP and the EA for the Attwater Prairie
Chicken NWR from December 12, 2011,
to January 23, 2012 (76 FR77245). The
public was notified of the release of the
draft CCP and the EA through the NOA,
through local media outlets, and public
notices were posted on various
community bulletin boards. The draft
CCP and EA were made available,
online, at the Regional Office in
Albuquerque, at the Refuge, and at three
public libraries in surrounding
communities. A public open house
meeting was held on January 14, 2012.
The Service received four comment
letters. The comments were thoroughly
reviewed and the CCP did not change
substantially based on public comment.
Selected Alternative
After considering the comments we
received, we have selected Alternative B
for implementation. Alternative B was
selected over the other alternatives
because it best meets the Refuge’s vision
for the future, the purposes for which
the Refuge was established, and the
habitat, wildlife and visitor services
goals identified in the CCP. This
alternative is the basis for the CCP and
describes how habitat objectives will be
accomplished through a combination of
management activities to encourage
ecological integrity, control invasive
species, improve or maintain habitats,
C—Maximal habitat management and
public use alternative
Same as Alternative B.
Same as Alternative B.
and most importantly support recovery
of the Attwater’s prairie-chicken.
Opportunities for wildlife-dependent
recreation activities will be enhanced.
Future management actions will have a
neutral or positive impact on the local
economy and the recommendations in
the CCP will ensure that Refuge
management is consistent with the
mission of the National Wildlife Refuge
System and U.S. Fish and Wildlife
Service.
Public Availability of Documents
In addition to the methods in
you can view or obtain
documents at the following locations:
• At the following libraries:
ADDRESSES,
Library
Address
Eula and David Wintermann Library .......
Nesbitt Memorial Library ..........................
Virgil and Josephine Gordon Memorial
Library.
101 North Walnut Ave., Eagle Lake, TX 77434 .......................................................
529 Washington Street, Columbus, TX 78934 ........................................................
917 North Circle Dr., Sealy, TX 77474 ....................................................................
Dated: August 3, 2012.
Joy E. Nicholopoulos,
Acting Regional Director, Southwest Region.
[FR Doc. 2012–19538 Filed 8–8–12; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLORE05000.L63320000.AL0000.HAG–11–
0172]
tkelley on DSK3SPTVN1PROD with NOTICES
Proposed Supplementary Rules for
Public Lands Within the Lower Lake
Creek Special Recreation Management
Area, Eugene District, OR
Bureau of Land Management,
Interior.
ACTION: Notice of proposed
supplementary rules.
AGENCY:
The Bureau of Land
Management (BLM) Oregon State Office
SUMMARY:
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is proposing supplementary rules for
public lands within the State of Oregon,
Eugene District, Siuslaw Resource Area,
on identified, BLM-managed lands
within the boundaries of the Lower Lake
Creek Special Recreation Management
Area (LLCSRMA). These proposed
supplementary rules would partially
revise existing supplementary rules in
order to protect public land natural
resources and provide for the public’s
health and safety.
Comments on these proposed
supplementary rules must be received
or postmarked by October 9, 2012, to be
assured consideration. Comments
received in person or by electronic mail
after this date may not be considered by
the BLM in developing final
supplementary rules.
DATES:
You may submit comments
by mail, hand delivery, or electronic
mail.
ADDRESSES:
PO 00000
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Phone number
979–234–5411
979–732–3392
979–885–7469
Mail or hand-delivery: BLM Eugene
District Office, 3106 Pierce Parkway,
Suite E, Springfield, Oregon 97477.
Electronic mail:
OR_Eugene_mail@blm.gov. If you
submit comments by electronic mail,
please indicate ‘‘Attn: Siuslaw Resource
Area Recreation’’ in your subject line,
and include your name and return
address.
FOR FURTHER INFORMATION CONTACT:
Alan Corbin, Siuslaw Resource Area
Field Manager, BLM Eugene District
Office, 3106 Pierce Parkway, Suite E,
Springfield, Oregon 97477, telephone
541–683–6792. Persons who use a
telecommunications device for the deaf
(TDD) may call the Federal Information
Relay Service (FIRS) at 1–800–877–8339
to contact the above individual during
normal business hours. The FIRS is
available 24 hours a day, 7 days a week,
to leave a message or question with the
above individual. You will receive a
reply during normal business hours.
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Federal Register / Vol. 77, No. 154 / Thursday, August 9, 2012 / Notices
SUPPLEMENTARY INFORMATION:
tkelley on DSK3SPTVN1PROD with NOTICES
I. Public Comment Procedures
You may mail or hand-deliver
comments to the BLM, Eugene District
Office, 3106 Pierce Parkway, Suite E,
Springfield, Oregon 97477. You may
also comment via the Internet email
address: OR_Eugene_mail@blm.gov. If
you submit comments by electronic
mail, please indicate ‘‘Attn: Siuslaw
Resource Area Recreation’’ in your
subject line, and include your name and
return address.
Written comments on the proposed
supplementary rules should be specific,
be confined to issues pertinent to these
proposed supplementary rules, and
explain the reason for any
recommended change. Where possible,
comments should reference the specific
section or paragraph of the proposal
which the comment is addressing. The
BLM will not necessarily consider or
include in the Administrative Record
for the final supplementary rules
comments that the BLM receives after
the close of the comment period (see
DATES) unless they are postmarked or
electronically dated before the deadline.
Comments, including names, street
addresses, and other contact
information of respondents, will be
available for public review at 333 SW
1st Avenue, Portland, Oregon 97204,
during regular business hours (8 a.m. to
4 p.m.), Monday through Friday, except
Federal holidays. Before including your
address, telephone number, email
address, or other personal indentifying
information in your comment, you
should be aware that your entire
comment—including your personal
indentifying 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.
II. Discussion of Proposed
Supplementary Rules
The BLM Oregon State Office is
proposing supplementary rules for
public lands within the recreational
boundaries of the LLCSRMA. The
LLCSRMA is located south of Triangle
Lake, Oregon, within Sections 19, 20,
27–30, and 32–34 of Township 16
South, Range 7 West of the Willamette
Meridian. Inside the LLCSRMA
boundaries is the Lake Creek Falls/Slide
Area, a popular recreation destination of
major significance for thousands of
summer visitors.
These proposed supplementary rules
would revise an existing set of
supplementary rules, which were
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published at 62 FR 36303 (July 7, 1997).
This proposed revision is necessary in
order to protect public land natural
resources and provide for the public’s
health and safety.
The existing supplementary rules for
the LLCSRMA include provisions
regulating a variety of activities,
including operation of motorized
vehicles, travel by bicycle, and
overnight camping. The existing
supplementary rule regarding alcoholic
beverages in the LLCSRMA states,
‘‘Consumption, possession, or
furnishing of any alcoholic beverage in
violation of Oregon State law is
prohibited.’’ 62 FR at 36303. The
existing supplementary rules do not ban
consumption, possession, or furnishing
of alcohol by anyone who is of legal
drinking age in Oregon nor do they
include a penalties provision.
These proposed supplementary rules
would prohibit visitors of all ages from
consuming, possessing, or furnishing
any alcoholic beverage within the
recreational boundaries of the
LLCSRMA, including, but not limited
to, the parking lot/day-use area and
surrounding hillside, Lower Lake Creek
Falls swimming and play area, and
pathways leading to the swimming area/
falls site. Prohibited acts under this
provision would include the
consumption, possession, and
furnishing of any alcoholic beverage
within motor vehicles, tents, or other
structures, but would not include any
lawful consumption prior to entering
the described area. These proposed
supplementary rules would also include
a penalties provision that would apply
solely to the alcohol ban.
The BLM has determined that this
rule is necessary to provide a safe and
healthy environment at the Lake Creek
Falls/Slide Area. This area’s regional
popularity has led to undesirable
impacts associated with large numbers
of visitors congregating at a relatively
small, remote site. Over the years,
increased problems with trash,
sanitation, and noise have been
routinely documented in addition to
increased incidence of traffic accidents
for travelers driving to and from the
popular area. Each year, the local, rural
fire department responds to injuries that
occur at the site, many of them alcoholrelated. Notably, it is clear to law
enforcement and recreation personnel
that the use and abuse of alcohol in this
area has been a major causal factor of
the aforementioned negative impacts to
the area. Though law enforcement
patrols have been frequent at times, the
supplementary rules in place at present
for this recreation area are insufficient
to control an increasing population of
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visitors of legal and non-legal age who
abuse alcohol. This abuse has helped to
foster an unruly, unsafe, and unhealthy
recreation experience that is contrary to
the BLM’s stated intention, which is to
promote a safe, clean, healthy
environment for visitors to BLMmanaged lands.
The intent of these proposed
supplementary rules is to put in place
an enforceable alcohol ban for the
LLCSRMA and return the area to a safer
and healthier recreation destination.
The proposed ban, together with the
proposed penalties provision, would
give BLM administrators another tool to
utilize in promoting a safe and healthy
environment for visitors to the site.
These supplementary rules are
proposed under the authority of the
Federal Land Policy and Management
Act (FLPMA) of 1976 (43 U.S.C. 1733(a)
and 1740) and 43 CFR 8365.1–6.
III. 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. These proposed
supplementary rules would not have an
effect of $100 million or more on the
economy. They 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. These proposed
supplementary rules would not create a
serious inconsistency or otherwise
interfere with an action taken or
planned by another agency. These
proposed supplementary rules would
not 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 would
merely impose rules of conduct and
impose other limitations on certain
recreational activities on certain public
lands to protect natural resources and
human health and safety.
National Environmental Policy Act
The BLM generated an EA,
Environmental Assessment (DOI–BLM–
OR–E050–2012–002–EA) to satisfy the
environmental review associated with
the proposed supplementary rules.
Based on an analysis of the
environmental impacts contained in the
environmental assessment, it was
determined that impacts to the human
environment are not expected to be
significant.
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Federal Register / Vol. 77, No. 154 / Thursday, August 9, 2012 / Notices
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 proposed supplementary
rules would have no effect on business
entities of any size. They would merely
impose reasonable restrictions on
certain recreational or commercial
activities on public lands in order to
protect natural resources and the
environment and provide for human
health and safety. Therefore, the BLM
has determined, under the RFA, that
these proposed supplementary rules
would not have a significant economic
impact on a substantial number of small
entities.
preparation of a takings assessment
under this Executive Order.
Small Business Regulatory Enforcement
Fairness Act
These final supplementary rules are
not considered a ‘‘major rule’’ as
defined under 5 U.S.C. 804(2). They
would merely establish rules of conduct
for public use of a limited area of public
lands. They would not affect
commercial or business activities of any
kind.
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 would
not result in significant changes to BLM
policy and that tribal governments
would not be unduly affected by these
proposed supplementary rules. These
proposed supplementary rules would
have no bearing on trust lands or on
lands for which title is held in fee status
by Indian tribes or U.S. Governmentowned lands managed by the Bureau of
Indian Affairs.
tkelley on DSK3SPTVN1PROD with NOTICES
Unfunded Mandates Reform Act
These proposed supplementary rules
would not impose an unfunded
mandate on State, local or tribal
governments or the private sector of
more than $100 million per year nor
would these proposed supplementary
rules have a significant or unique effect
on State, local, or tribal governments or
the private sector. They would merely
impose reasonable restrictions on
certain recreational activities on certain
public lands to protect natural resources
and the environment and human health
and safety. 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)
These proposed supplementary rules
would not comprise a government
action capable of interfering with
constitutionally protected property
rights. Therefore, the BLM has
determined that these proposed
supplementary rules would not cause a
taking of private property or require
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Executive Order 13132, Federalism
These proposed supplementary rules
would not have a substantial, direct
effect 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. Therefore,
in accordance with Executive Order
13132, the BLM has determined that
these proposed supplementary rules
would not have sufficient Federalism
implications to warrant preparation of a
Federalism Assessment.
Executive Order 12988, Civil Justice
Reform
The BLM has determined that these
proposed supplementary rules would
not unduly burden the judicial system
and meet the requirements of sections
3(a) and 3(b)(2) of Executive Order
12988.
Information Quality Act
In developing these proposed
supplementary rules, the BLM did not
conduct or use a study, experiment, or
survey requiring peer review under the
Information Quality Act (Section 515 of
Pub. L. 106–554.).
Executive Order 13211, Effects on the
Nation’s Energy Supply
These proposed supplementary rules
would have no effect on the nation’s
energy supply, distribution, or use as
defined by Executive Order 13211.
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 of
1995, 44 U.S.C. 3501 et seq.
Clarity of the Supplementary Rules
Executive Order 12866 requires each
agency to write regulations that are
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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 these proposed
supplementary rules clearly stated? (2)
Do these proposed supplementary rules
contain technical language or jargon that
interferes with their clarity? (3) Does the
format of these proposed supplementary
rules (grouping and order of sections,
use of headings, paragraphing, etc.) aid
or reduce clarity? (4) Would these
proposed supplementary rules be easier
to understand if they were divided into
more (but shorter) sections? (5) Is the
description of these proposed
supplementary rules in the
SUPPLEMENTARY INFORMATION section of
this preamble helpful to your
understanding of these proposed
supplementary rules? How could this
description be more helpful in making
these proposed supplementary rules
easier to understand? Please send any
comments you have on the clarity of
these proposed supplementary rules to
the address specified in the ADDRESSES
section.
Conclusion
For the reasons stated in the preamble
and under the authorities for
supplementary rules at 43 CFR 8365.1–
6 and 43 U.S.C. 1733(a) and 1740, the
BLM Oregon/Washington State Director
proposes to:
(1) Remove supplementary rule 2,
published at 62 FR 36303 (July 7, 1997)
that states, ‘‘Consumption, possession,
or furnishing of any alcoholic beverage
in violation of Oregon State law is
prohibited’’;
(2) Establish supplementary rules for
public lands managed by the BLM in
Oregon and Washington, to read as
follows:
(a) ‘‘You must not consume, possess,
or furnish any beverage defined as an
alcoholic beverage by Oregon State law
while on public lands within the
recreation area boundaries of the
LLCSRMA’’; and
(b) ‘‘Penalties: On public lands under
section 303(a) of the Federal Land
Policy and Management Act of 1976, 43
U.S.C. 1733(a) and 43 CFR 8360–7, any
person who consumes, possesses, or
furnishes any beverage defined as an
alcoholic beverage by Oregon State law,
while on public lands within the
recreation area boundaries of the
LLCSRMA, 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
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Federal Register / Vol. 77, No. 154 / Thursday, August 9, 2012 / Notices
unless as a result of a review conducted
prior to the expiration date pursuant to
Section 204(f) of the Federal Land
Policy and Management Act of 1976, 43
U.S.C. 1714(f), the Secretary determines
that the withdrawal shall be further
extended.
may also be subject to the enhanced
fines provided for by 18 U.S.C. 3571.’’
Michael S. Mottice,
Bureau of Land Management, Acting State
Director, Oregon/Washington.
[FR Doc. 2012–19533 Filed 8–8–12; 8:45 am]
BILLING CODE 4310–33–P
Order
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[UTW0000000–LR14300000–ET0000; UTU–
65685]
Public Land Order No. 7794; Extension
of Public Land Order No. 6941; Utah
Bureau of Land Management,
Interior.
ACTION: Public Land Order.
AGENCY:
This order extends the
duration of the withdrawal created by
Public Land Order No. 6941 for an
additional 20-year period. The
extension is necessary to continue the
protection of the unique geologic,
recreational, and visual resources of the
Bonneville Salt Flats, which would
otherwise expire on August 5, 2012.
DATES: Effective Date: August 6, 2012.
FOR FURTHER INFORMATION CONTACT:
Shauna Derbyshire, Bureau of Land
Management, Utah State Office, P. O.
Box 45155, Salt Lake City, Utah 84145–
0155, 801–539–4132, or Dave Watson,
Bureau of Land Management, Salt Lake
Field Office, 2370 South 2300 West, Salt
Lake City, Utah 84119, 801–977–4368.
Persons who use a telecommunications
device for the deaf (TDD) may call the
Federal Information Relay Service
(FIRS) at 1–800–877–8339 to contact
either of the above individuals. The
FIRS is available 24 hours a day, 7 days
a week, to leave a message or question
with the above individuals. You will
receive a reply during normal business
hours.
SUPPLEMENTARY INFORMATION: The
purpose for which the withdrawal was
first made requires this extension to
continue protection of the Bonneville
Salt Flats. The withdrawal extended by
this order will expire on August 5, 2032,
SUMMARY:
By virtue of the authority vested in
the Secretary of the Interior by Section
204 of the Federal Land Policy and
Management Act of 1976, 43 U.S.C.
1714, it is ordered as follows:
Public Land Order No. 6941 (57 FR
34685 (1992)), as corrected (76 FR 81525
(2011)), which withdrew approximately
30,203.06 acres of public land from
settlement, sale, location, or entry under
the general land laws, including the
United States mining laws, but not from
leasing, under the mineral leasing laws,
to protect the Bonneville Salt Flats, is
hereby extended for an additional 20year period until August 5, 2032. An
additional 3,200.24 acres of non-Federal
land described in PLO No. 6941 and
located within the exterior boundary of
the Bonneville Salt Flats, if acquired by
the United States, would also be
withdrawn by this order.
Dated: July 26, 2012.
Rhea S. Suh,
Assistant Secretary—Policy, Management
and Budget.
[FR Doc. 2012–19503 Filed 8–8–12; 8:45 am]
BILLING CODE 4310–DQ–P
DEPARTMENT OF JUSTICE
[OMB Number 1105–0084]
Agency Information Collection
Activities: Collection; Comments
Requested. Application for Approval
as a Nonprofit Budget and Credit
Counseling Agency
30-Day Notice of Application
Under Review.
ACTION:
The Department of Justice, Executive
Office for United States Trustees, will be
submitting the following application to
the Office of Management and Budget
(OMB) for review and clearance in
47665
accordance with the Paperwork
Reduction Act of 1995. The application
is published to obtain comments from
the public and affected agencies. This
application was previously published in
the Federal Register Volume 77,
Number 105, page 32134, on May 31,
2012, allowing for a 60-day comment
period.
The purpose of this notice is to allow
for an additional 30 days for public
comment until September 10, 2012.
This process is conducted in accordance
with 5 CFR 1320.10.
Written comments and suggestions
regarding the items contained in this
notice, especially the estimated public
burden and associated response time,
should be directed to the Office of
Management and Budget, Office of
Information and Regulatory Affairs,
Attention: Department of Justice Desk
Officer, Washington, DC 20503.
Additionally, comments may be
submitted to OMB via facsimile to (202)
395–7285.
Written comments and suggestions
from the public and affected agencies
concerning the application are
encouraged. Your comments should
address one or more of the following
four points:
1. Evaluate whether the application is
necessary for the proper performance of
the functions of the agency, including
whether the information will have
practical utility;
2. Evaluate the accuracy of the
agency’s estimate of the burden of the
collection of information, including the
validity of the methodology and
assumptions used;
3. Enhance the quality, utility, and
clarity of the information to be
collected; and
4. Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses.
Overview of the Information
tkelley on DSK3SPTVN1PROD with NOTICES
Type of information collection
Application form
The title of the form/collection ............................................
The agency form number, if any, and the applicable component of the department sponsoring the collection.
Affected public who will be asked or required to respond,
as well as a brief abstract.
Application for Approval as a Nonprofit Budget and Credit Counseling Agency.
No form number.
Executive Office for United States Trustees, Department of Justice.
Primary: Agencies who wish to offer credit counseling services.
Other: None.
Congress passed a bankruptcy law that requires any individual who wishes to file for
bankruptcy to, within 180 days of filing for bankruptcy relief, first obtain credit
counseling from a nonprofit budget and credit counseling agency that has been
approved by the United States Trustee.
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]]>Agencies
[Federal Register Volume 77, Number 154 (Thursday, August 9, 2012)]
[Notices]
[Pages 47662-47665]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-19533]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLORE05000.L63320000.AL0000.HAG-11-0172]
Proposed Supplementary Rules for Public Lands Within the Lower
Lake Creek Special Recreation Management Area, Eugene District, OR
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice of proposed supplementary rules.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Land Management (BLM) Oregon State Office is
proposing supplementary rules for public lands within the State of
Oregon, Eugene District, Siuslaw Resource Area, on identified, BLM-
managed lands within the boundaries of the Lower Lake Creek Special
Recreation Management Area (LLCSRMA). These proposed supplementary
rules would partially revise existing supplementary rules in order to
protect public land natural resources and provide for the public's
health and safety.
DATES: Comments on these proposed supplementary rules must be received
or postmarked by October 9, 2012, to be assured consideration. Comments
received in person or by electronic mail after this date may not be
considered by the BLM in developing final supplementary rules.
ADDRESSES: You may submit comments by mail, hand delivery, or
electronic mail.
Mail or hand-delivery: BLM Eugene District Office, 3106 Pierce
Parkway, Suite E, Springfield, Oregon 97477.
Electronic mail: OR_Eugene_mail@blm.gov. If you submit comments
by electronic mail, please indicate ``Attn: Siuslaw Resource Area
Recreation'' in your subject line, and include your name and return
address.
FOR FURTHER INFORMATION CONTACT: Alan Corbin, Siuslaw Resource Area
Field Manager, BLM Eugene District Office, 3106 Pierce Parkway, Suite
E, Springfield, Oregon 97477, telephone 541-683-6792. Persons who use a
telecommunications device for the deaf (TDD) may call the Federal
Information Relay Service (FIRS) at 1-800-877-8339 to contact the above
individual during normal business hours. The FIRS is available 24 hours
a day, 7 days a week, to leave a message or question with the above
individual. You will receive a reply during normal business hours.
[[Page 47663]]
SUPPLEMENTARY INFORMATION:
I. Public Comment Procedures
You may mail or hand-deliver comments to the BLM, Eugene District
Office, 3106 Pierce Parkway, Suite E, Springfield, Oregon 97477. You
may also comment via the Internet email address: OR_Eugene_mail@blm.gov. If you submit comments by electronic mail, please
indicate ``Attn: Siuslaw Resource Area Recreation'' in your subject
line, and include your name and return address.
Written comments on the proposed supplementary rules should be
specific, be confined to issues pertinent to these proposed
supplementary rules, and explain the reason for any recommended change.
Where possible, comments should reference the specific section or
paragraph of the proposal which the comment is addressing. The BLM will
not necessarily consider or include in the Administrative Record for
the final supplementary rules comments that the BLM receives after the
close of the comment period (see DATES) unless they are postmarked or
electronically dated before the deadline. Comments, including names,
street addresses, and other contact information of respondents, will be
available for public review at 333 SW 1st Avenue, Portland, Oregon
97204, during regular business hours (8 a.m. to 4 p.m.), Monday through
Friday, except Federal holidays. Before including your address,
telephone number, email address, or other personal indentifying
information in your comment, you should be aware that your entire
comment--including your personal indentifying 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.
II. Discussion of Proposed Supplementary Rules
The BLM Oregon State Office is proposing supplementary rules for
public lands within the recreational boundaries of the LLCSRMA. The
LLCSRMA is located south of Triangle Lake, Oregon, within Sections 19,
20, 27-30, and 32-34 of Township 16 South, Range 7 West of the
Willamette Meridian. Inside the LLCSRMA boundaries is the Lake Creek
Falls/Slide Area, a popular recreation destination of major
significance for thousands of summer visitors.
These proposed supplementary rules would revise an existing set of
supplementary rules, which were published at 62 FR 36303 (July 7,
1997). This proposed revision is necessary in order to protect public
land natural resources and provide for the public's health and safety.
The existing supplementary rules for the LLCSRMA include provisions
regulating a variety of activities, including operation of motorized
vehicles, travel by bicycle, and overnight camping. The existing
supplementary rule regarding alcoholic beverages in the LLCSRMA states,
``Consumption, possession, or furnishing of any alcoholic beverage in
violation of Oregon State law is prohibited.'' 62 FR at 36303. The
existing supplementary rules do not ban consumption, possession, or
furnishing of alcohol by anyone who is of legal drinking age in Oregon
nor do they include a penalties provision.
These proposed supplementary rules would prohibit visitors of all
ages from consuming, possessing, or furnishing any alcoholic beverage
within the recreational boundaries of the LLCSRMA, including, but not
limited to, the parking lot/day-use area and surrounding hillside,
Lower Lake Creek Falls swimming and play area, and pathways leading to
the swimming area/falls site. Prohibited acts under this provision
would include the consumption, possession, and furnishing of any
alcoholic beverage within motor vehicles, tents, or other structures,
but would not include any lawful consumption prior to entering the
described area. These proposed supplementary rules would also include a
penalties provision that would apply solely to the alcohol ban.
The BLM has determined that this rule is necessary to provide a
safe and healthy environment at the Lake Creek Falls/Slide Area. This
area's regional popularity has led to undesirable impacts associated
with large numbers of visitors congregating at a relatively small,
remote site. Over the years, increased problems with trash, sanitation,
and noise have been routinely documented in addition to increased
incidence of traffic accidents for travelers driving to and from the
popular area. Each year, the local, rural fire department responds to
injuries that occur at the site, many of them alcohol-related. Notably,
it is clear to law enforcement and recreation personnel that the use
and abuse of alcohol in this area has been a major causal factor of the
aforementioned negative impacts to the area. Though law enforcement
patrols have been frequent at times, the supplementary rules in place
at present for this recreation area are insufficient to control an
increasing population of visitors of legal and non-legal age who abuse
alcohol. This abuse has helped to foster an unruly, unsafe, and
unhealthy recreation experience that is contrary to the BLM's stated
intention, which is to promote a safe, clean, healthy environment for
visitors to BLM-managed lands.
The intent of these proposed supplementary rules is to put in place
an enforceable alcohol ban for the LLCSRMA and return the area to a
safer and healthier recreation destination. The proposed ban, together
with the proposed penalties provision, would give BLM administrators
another tool to utilize in promoting a safe and healthy environment for
visitors to the site.
These supplementary rules are proposed under the authority of the
Federal Land Policy and Management Act (FLPMA) of 1976 (43 U.S.C.
1733(a) and 1740) and 43 CFR 8365.1-6.
III. 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. These proposed supplementary rules
would not have an effect of $100 million or more on the economy. They
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. These
proposed supplementary rules would not create a serious inconsistency
or otherwise interfere with an action taken or planned by another
agency. These proposed supplementary rules would not 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 would merely impose rules of conduct
and impose other limitations on certain recreational activities on
certain public lands to protect natural resources and human health and
safety.
National Environmental Policy Act
The BLM generated an EA, Environmental Assessment (DOI-BLM-OR-E050-
2012-002-EA) to satisfy the environmental review associated with the
proposed supplementary rules. Based on an analysis of the environmental
impacts contained in the environmental assessment, it was determined
that impacts to the human environment are not expected to be
significant.
[[Page 47664]]
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 proposed supplementary
rules would have no effect on business entities of any size. They would
merely impose reasonable restrictions on certain recreational or
commercial activities on public lands in order to protect natural
resources and the environment and provide for human health and safety.
Therefore, the BLM has determined, under the RFA, that these proposed
supplementary rules would not have a significant economic impact on a
substantial number of small entities.
Small Business Regulatory Enforcement Fairness Act
These final supplementary rules are not considered a ``major rule''
as defined under 5 U.S.C. 804(2). They would merely establish rules of
conduct for public use of a limited area of public lands. They would
not affect commercial or business activities of any kind.
Unfunded Mandates Reform Act
These proposed supplementary rules would not impose an unfunded
mandate on State, local or tribal governments or the private sector of
more than $100 million per year nor would these proposed supplementary
rules have a significant or unique effect on State, local, or tribal
governments or the private sector. They would merely impose reasonable
restrictions on certain recreational activities on certain public lands
to protect natural resources and the environment and human health and
safety. 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)
These proposed supplementary rules would not comprise a government
action capable of interfering with constitutionally protected property
rights. Therefore, the BLM has determined that these proposed
supplementary rules would not cause a taking of private property or
require preparation of a takings assessment under this Executive Order.
Executive Order 13132, Federalism
These proposed supplementary rules would not have a substantial,
direct effect 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. Therefore, in
accordance with Executive Order 13132, the BLM has determined that
these proposed supplementary rules would not have sufficient Federalism
implications to warrant preparation of a Federalism Assessment.
Executive Order 12988, Civil Justice Reform
The BLM has determined that these proposed supplementary rules
would not unduly burden the judicial system and meet the requirements
of sections 3(a) and 3(b)(2) of Executive Order 12988.
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 would not result in significant
changes to BLM policy and that tribal governments would not be unduly
affected by these proposed supplementary rules. These proposed
supplementary rules would have no bearing on trust lands or on lands
for which title is held in fee status by Indian tribes or U.S.
Government-owned lands managed by the Bureau of Indian Affairs.
Information Quality Act
In developing these proposed supplementary rules, the BLM did not
conduct or use a study, experiment, or survey requiring peer review
under the Information Quality Act (Section 515 of Pub. L. 106-554.).
Executive Order 13211, Effects on the Nation's Energy Supply
These proposed supplementary rules would have no effect on the
nation's energy supply, distribution, or use as defined by Executive
Order 13211.
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 of 1995, 44 U.S.C. 3501 et
seq.
Clarity of the 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 these proposed supplementary rules clearly stated? (2)
Do these proposed supplementary rules contain technical language or
jargon that interferes with their clarity? (3) Does the format of these
proposed supplementary rules (grouping and order of sections, use of
headings, paragraphing, etc.) aid or reduce clarity? (4) Would these
proposed supplementary rules be easier to understand if they were
divided into more (but shorter) sections? (5) Is the description of
these proposed supplementary rules in the SUPPLEMENTARY INFORMATION
section of this preamble helpful to your understanding of these
proposed supplementary rules? How could this description be more
helpful in making these proposed supplementary rules easier to
understand? Please send any comments you have on the clarity of these
proposed supplementary rules to the address specified in the ADDRESSES
section.
Conclusion
For the reasons stated in the preamble and under the authorities
for supplementary rules at 43 CFR 8365.1-6 and 43 U.S.C. 1733(a) and
1740, the BLM Oregon/Washington State Director proposes to:
(1) Remove supplementary rule 2, published at 62 FR 36303 (July 7,
1997) that states, ``Consumption, possession, or furnishing of any
alcoholic beverage in violation of Oregon State law is prohibited'';
(2) Establish supplementary rules for public lands managed by the
BLM in Oregon and Washington, to read as follows:
(a) ``You must not consume, possess, or furnish any beverage
defined as an alcoholic beverage by Oregon State law while on public
lands within the recreation area boundaries of the LLCSRMA''; and
(b) ``Penalties: On public lands under section 303(a) of the
Federal Land Policy and Management Act of 1976, 43 U.S.C. 1733(a) and
43 CFR 8360-7, any person who consumes, possesses, or furnishes any
beverage defined as an alcoholic beverage by Oregon State law, while on
public lands within the recreation area boundaries of the LLCSRMA, 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
[[Page 47665]]
may also be subject to the enhanced fines provided for by 18 U.S.C.
3571.''
Michael S. Mottice,
Bureau of Land Management, Acting State Director, Oregon/Washington.
[FR Doc. 2012-19533 Filed 8-8-12; 8:45 am]
BILLING CODE 4310-33-P
