Notice of Proposed Supplementary Rule for Public Lands at Virgin River Canyon Recreation Area in Mohave County, Arizona, 31665-31668 [2021-12279]
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Federal Register / Vol. 86, No. 113 / Tuesday, June 15, 2021 / Proposed Rules
(a) Within CONUS for a period of
service of not less than 12 months
following the effective date of
appointment or transfer;
(b) OCONUS for an agreed upon
period of service of not more than 36
months or less than 12 months
following the effective date of
appointment or transfer;
(c) Department of Defense Overseas
Dependent School System teachers for a
period of not less than one school year
as determined under chapter 25 of Title
20, United States Code;
(d) For renewal agreement travel, a
period of not less than 12 months from
the date of return to the same or
different overseas official station; and
(e) For assignment under GETA, not
less than three times the length of the
training period as prescribed by the
head of the agency.
§ 302–17.1
this Part?
PART 302–12—USE OF A
RELOCATION SERVICES COMPANY
■
18. The authority citation for 41 CFR
part 302–12 continues to read as
follows:
■
Authority: 5 U.S.C. 5738 and 20 U.S.C.
905(c).
§ 302–12.100
[Amended]
19. Amend § 302–12.100 by removing
from the first sentence the words ‘‘a
transferred employee in relocating to the
new official station’’ and adding the
words ‘‘an employee who relocates.’’ in
its place.
■
PART 302–15—ALLOWANCE FOR
PROPERTY MANAGEMENT SERVICES
20. The authority citation for 41 CFR
part 302–15 continues to read as
follows:
■
Authority: 5 U.S.C. 5738; 20 U.S.C 905(a);
E.O. 11609, as amended, 3 CFR, 1971–1975
Comp., p 586.
§ 302–15.13
[Amended]
21. Amend § 302–15.13 by removing
in the first sentence the word ‘‘service’’
and adding the word ‘‘services’’ in its
place.
■
khammond on DSKJM1Z7X2PROD with PROPOSALS
PART 302–17—TAXES ON
RELOCATION EXPENSES
22. The authority citation for 41 CFR
part 302–17 continues to read as
follows:
■
Authority: 5 U.S.C. 5724b; 5 U.S.C. 5738;
E.O. 11609, as amended, 3 CFR, 1971–1975
Comp., p. 586.
What special terms apply to
*
*
*
*
*
Relocation income tax allowance
(RITA) means the payment to
individuals to cover the difference
between the withholding tax allowance
(WTA), if any, and the actual income tax
liability incurred by the individual, and
such individual’s spouse (if filing
jointly), as a result of their taxable
relocation benefits, RITA is paid
whenever the actual income tax liability
exceeds the WTA and applies to any
travel, transportation, and relocation
expenses reimbursed or furnished in
kind pursuant to chapter 57, subchapter
II of title 5 U.S.C. and 5 U.S.C. chapter
41.
*
*
*
*
*
§ 302–17.3
[Amended]
24. Amend § 302–17.3 by removing
the words ‘‘transferred employees’’ and
adding the words ‘‘employees or
individuals eligible for relocation
expense allowances under § 302–1.1’’ in
its place.
■ 25. Amend § 302–17.5 by revising the
second sentence and adding a third
sentence to read as follows:
§ 302–17.5
the RITA?
Who is eligible for the WTA and
* * * You are eligible for the WTA
and the RITA if you are relocating in the
interest of the Government, and your
agency’s reimbursements to you for
relocation expenses result in you being
liable for additional income taxes.
Eligibility for WTA and RITA includes,
among others, transferred employees,
appointments (new or political),
assignments under the Government
Employees Training Act, and those
returning from an overseas assignment
for the purpose of separation from
Government service.
§ 302–17.6
■
[Removed]
26. Remove § 302–17.6.
§§ 302–17.7 through 302–17.13
[Redesignated as §§ 302–17.6 through 302–
17.12]
27. Redesignate §§ 302–17.7 through
302–17.13 as §§ 302–17.6 through 302–
17.12.
■
[FR Doc. 2021–11086 Filed 6–14–21; 8:45 am]
BILLING CODE 6820–14–P
23. Amend § 302–17.1 by revising the
definition for ‘‘Relocation income tax
allowance (RITA)’’ to read as follows:
■
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31665
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 8365
[212.LLAZA01000.L1220000.DD0000]
Notice of Proposed Supplementary
Rule for Public Lands at Virgin River
Canyon Recreation Area in Mohave
County, Arizona
Bureau of Land Management,
Interior.
ACTION: Proposed supplementary rule.
AGENCY:
The Bureau of Land
Management (BLM) proposes to
establish a supplementary rule
reinstating a 14-day camping limit at the
Virgin River Canyon Recreation Area
within the Arizona Strip Field Office,
Arizona Strip District, Mohave County,
Arizona. The rule is needed to protect
public health and safety, reduce user
conflicts within the designated
recreation area, and protect the area’s
natural resources.
DATES: Interested parties may submit
comments to the BLM at one of the
addresses below on or before August 16,
2021.
ADDRESSES: Comments concerning this
notice should be addressed to the
Bureau of Land Management, Attention:
Amanda Sparks, BLM Arizona Strip
Field Office, 345 East Riverside Drive,
St George, AZ 84790, or email: blm_az_
asdo_comments@blm.gov.
FOR FURTHER INFORMATION CONTACT:
Amanda Sparks, Assistant Field
Manager, Arizona Strip Field Office, at
435–688–3271 or by email at BLM_AZ_
ASDO Comments@blm.gov. Persons
who use a telecommunications device
for the deaf (TDD) may call the Federal
Relay Service (FRS) at 1–800–877–8339
to contact the above individual. The
FRS is available 24 hours a day, seven
days a week, to leave a message or
question with the above individual. You
will receive a reply during normal
business hours.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background Information
The BLM is proposing this
supplementary rule under the authority
of 43 Code of Federal Regulations (CFR)
8365.1–6, which allows BLM State
Directors to establish supplementary
rules for the protection of persons,
property, and public lands and
resources. This provision allows the
BLM to issue rules of less than national
effect by publishing the rule in the
Federal Register, without codifying it in
the CFR. This proposed supplementary
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Federal Register / Vol. 86, No. 113 / Tuesday, June 15, 2021 / Proposed Rules
rule applies to public lands managed by
the Arizona Strip Field Office. You may
contact the Arizona Strip Field Office
(see ADDRESSES) for maps of the
management area and boundary or to
review the notice.
khammond on DSKJM1Z7X2PROD with PROPOSALS
II. Public Comment Procedures
Please submit your written comments
on issues related to this proposed rule
to Amanda Sparks at one of the
addresses shown above (see ADDRESSES).
Comments on the proposed rule should
be specific, confined to issues pertinent
to the rule, and explain the reason for
any recommended change. The BLM is
not obligated to consider, or include in
the Administrative Record for the rule,
comments delivered to an address other
than those listed above (see ADDRESSES)
or 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 your name and
address, will be available for public
review upon request. Before including
your address, phone number, email
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.
III. Discussion of Proposed
Supplementary Rule
On March 31, 1994, the BLM Arizona
State Office established supplementary
rules for the Virgin River Canyon
Recreation Area (59 FR 15214). The
1994 camping and occupancy rule
exempted the Virgin River Canyon
Recreation Area from the Arizona Strip
District’s 14-day camping limit that
prohibits camping longer than 14
consecutive days within a 28-day period
and requires campers to move at least 30
air miles from a previously occupied
camping location. The 1994
supplementary rule therefore allowed
for unlimited overnight stays within the
Virgin River Canyon Recreation Area.
The proposed supplementary rule
would revise the 1994 rule by
reinstating the 14 consecutive day
camping limit within a 28-day period on
public land within the Virgin River
Canyon Recreation Area, making it
consistent with all other public lands
within the Arizona Strip Field Office.
No other changes to the 1994
supplementary rules are proposed and
they will continue to be enforced as
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described in the 1994 notice. The
reinstatement of a camping limit would
help the BLM maintain public access for
recreational purposes, reduce conflicts
among visitors, and preserve public
health and safety.
This action is necessary because an
increasing number of users of the Virgin
River Canyon Recreation Area have
established long-term residency under
the pretext of recreational camping.
Public concern about the effects of this
long-term occupancy requires the BLM
to address this issue. The proliferation
of residential use interferes with
legitimate recreational use of public
lands and creates other health and
safety concerns including hygiene and
sanitation issues (i.e., no access to
showers or waste dump stations;
accumulation of miscellaneous
equipment and housewares and the
occasional long-term presence of dogs
and their associated waste). In addition,
this action would reduce damages to
natural resources that occur from trash
dumping, accumulation or
abandonment of equipment or vehicles,
loss of vegetation, and contamination of
nearby waters.
The proposed supplementary rule is
consistent with the Arizona Strip Field
Office Resource Management Plan
(RMP), approved by the BLM (January
29, 2008). The BLM analyzed the
proposed change in an environmental
assessment (EA) (DOI–BLM–AZ–A010–
2018–0030–EA) and issued a Finding of
No Significant Impact (FONSI) and a
Decision Record on February 6, 2019.
The proposed supplementary rule
applies to public lands at the Virgin
River Canyon Recreation Area within
sections 14 & 15 of Township 41 North,
Range 14 West of the Gila and Salt River
Meridian. The EA was prepared to
disclose and analyze potential impacts
(positive or negative) associated with
changing the 1994 supplementary rules
by reinstating a 14-day stay limit within
the recreation area campground. The
BLM Arizona Strip Field Office
conducted an 18-day public comment
period during the preparation of the EA
and received minimal public interest
regarding reinstatement of the 14-day
stay limit. The concerns that were raised
by the public and agency partners
focused on how long-term occupancy
detracted from the quality and safety of
recreation at this popular recreation area
near the communities of St. George,
Utah and Mesquite, Nevada.
Efforts to contain the problems
associated with long-term occupancy
without imposing a 14-day stay limit
have proven insufficient, and concerns
with public health and safety have
intensified. The BLM is proposing this
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rule to: (1) Provide more opportunities
for the recreating public to utilize the
campground facilities and access the
surrounding area; (2) have consistent
camping limitations across the Arizona
Strip Field Office; (3) manage the site
for recreational purposes while
preserving the health and safety of
visitors; and (4) enable law enforcement
personnel to cite persons for unlawful
camping and use of public land for
residential purposes, thereby increasing
campsite availability to the recreating
public. This notice, with detailed maps,
will be available at the Arizona Strip
Field Office for review.
The BLM invites public comment on
this proposed supplementary rule until
August 16, 2021. The BLM will publish
a final rule in the Federal Register that
responds to any substantive comments
received and explains how significant
issues raised by those comments were
resolved.
IV. Procedural Matters
Executive Order 12866 and 13563,
Regulatory Planning and Review
This proposed supplementary rule is
not a significant regulatory action and is
not subject to review by the Office of
Management and Budget under
Executive Order 12866 or 13563. The
rule would not have an effect of $100
million or more on the economy. This
rule would establish a duration for
camping stays and 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. This rule would not
create a serious inconsistency or
otherwise interfere with an action taken
or planned by another agency. This rule
does not alter the budgetary effects of
entitlements, grants, user fees, or loan
programs or the right or obligations of
their recipients, nor does the rule raise
novel legal or policy issues. This rule
would enable law enforcement
personnel to efficiently track occupancy
and enforce regulations pertaining to
unlawful occupancy in a manner
consistent with current Arizona State
and county laws, where appropriate on
public lands.
Clarity of the Supplementary Rule
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 the proposed supplementary rule
easier to understand, including answers
to questions such as the following:
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Federal Register / Vol. 86, No. 113 / Tuesday, June 15, 2021 / Proposed Rules
1. Are the requirements in this
proposed supplementary rule clearly
stated?
2. Does this proposed supplementary
rule contain technical language or
jargon that interferes with its clarity?
3. Does the format of this proposed
supplementary rule (grouping and order
of sections, use of headings,
paragraphing, etc.) aid or reduce its
clarity?
4. Would this proposed
supplementary rule be easier to
understand if it was divided into more
(but shorter) sections?
5. Is the description of this proposed
supplementary rule in the
SUPPLEMENTARY INFORMATION section of
this preamble helpful to your
understanding of the proposed
supplementary rule? How could this
description be more helpful in making
the proposed supplementary rule easier
to understand?
Please send any comments you have
on the clarity of the rule to one of the
addresses specified in the ADDRESSES
section.
khammond on DSKJM1Z7X2PROD with PROPOSALS
National Environmental Policy Act
The BLM prepared an EA and found
that this proposed supplementary rule
does not constitute a major Federal
action significantly affecting the quality
of the human environment under
Section 102(2)(C) of the National
Environmental Policy Act of 1969
(NEPA), 42 U.S.C. 4332(2)(C). The BLM
completed the EA to analyze the change
in the stay limit in the Virgin River
Canyon Recreation Area. The Decision
Record for this EA was signed on
February 6, 2019. The BLM has placed
the EA and the FONSI on file in the
BLM Administrative Record at the
Arizona Strip Field Office address
specified in the ADDRESSES section.
Regulatory Flexibility Act (RFA)
Congress enacted the Regulatory
Flexibility Act of 1980, as amended, 5
U.S.C. 601, et seq., to ensure that
Government regulations do not
unnecessarily or disproportionately
burden small entities. The RFA requires
a regulatory flexibility analysis if a rule
has a significant economic impact,
either detrimental or beneficial, on a
substantial number of small entities.
This proposed supplementary rule does
not pertain specifically to commercial or
governmental entities of any size, but
contains a rule to limit the duration of
overnight camping on public lands
within the Virgin River Canyon
Recreation Area on the Arizona Strip
Field Office. Therefore, the BLM has
determined, under the RFA, that this
proposed supplementary rule does not
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have a significant economic impact on
a substantial number of small entities.
Small Business Regulatory Enforcement
Fairness Act (SBREFA)
This proposed supplementary rule
does not constitute ‘‘major rules’’ as
defined at 5 U.S.C. 804(2). This
proposed supplementary rule would
establish a 14-day stay limit on
overnight camping during a 28-day
period and within 30 air miles on lands
within the Virgin River Canyon
Recreation Area. The limitation is
necessary to: (1) Provide more
opportunities for the recreating public
to utilize the campground facilities and
access the surrounding area; (2) Have
consistent camping limitations across
the Arizona Strip Field Office; (3)
Manage the site for recreational
purposes while preserving the health
and safety of visitors; and (4) Enable law
enforcement personnel to cite persons
for unlawful camping and use of public
land for residential purposes. This
proposed supplementary rule would
have no effect on business, commercial,
or industrial use of the public lands.
Unfunded Mandates Reform Act
This proposed supplementary rule
does not impose an unfunded mandate
on state, local, or tribal governments or
the private sector of more than $100
million per year, nor does the proposed
supplementary rule have a significant or
unique effect on state, local, or tribal
governments or the private sector. The
proposed supplementary rule does 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)
This proposed supplementary rule
does not represent a Government action
capable of interfering with
constitutionally protected property
rights. The proposed supplementary
rule does not address property rights in
any form and does not cause the
impairment of anyone’s property rights.
Therefore, the BLM has determined that
this proposed supplementary rule does
not cause a taking of private property or
require further discussion of takings
implications under this Executive
Order.
Executive Order 13132, Federalism
This proposed supplementary rule
would not have a substantial, direct
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31667
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. This
proposed supplementary rule applies in
only one state, Arizona, and does not
address jurisdictional issues involving
the Arizona State government.
Therefore, in accordance with Executive
Order 13132, the BLM has determined
that this proposed supplementary rule
does 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 this proposed
supplementary rule would not unduly
burden the judicial system and that the
rule meets the requirements of sections
3(a) and 3(b)(2) of the Order.
Executive Order 13175, Consultation
and Coordination With Indian Tribal
Governments
In accordance with Executive Order
13175, the BLM has found this proposed
supplementary rule does not include
policies that have tribal implications
and 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. Since this
proposed supplementary rule does not
change BLM policy and does not
involve Indian reservation lands or
resources, the BLM has determined that
the government-to-government
relationships remain unaffected. This
proposed supplementary rule would
only prohibit camping longer than 14
days in any 28-day period and within 30
air miles of the Virgin River Canyon
Recreation Area on public lands
managed by the BLM Arizona Strip
Field Office.
Executive Order 13352, Facilitation of
Cooperative Conservation
Under Executive Order 13352, the
Arizona State Office of the BLM has
determined that this proposed
supplementary rule would not impede
the facilitation of cooperative
conservation. This proposed
supplementary rule would take
appropriate account of and consider the
interests of persons with ownership or
other legally recognized interests in
land or other natural resources; properly
accommodate local participation in the
Federal decision-making process; and
provide that the programs, projects, and
activities are consistent with protecting
public health and safety.
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Federal Register / Vol. 86, No. 113 / Tuesday, June 15, 2021 / Proposed Rules
Information Quality Act
In developing this proposed
supplementary rule, 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).
Recreation Area for more than 14
consecutive days in a 28-day period.
2. After the 14th consecutive day,
campers must move beyond a 30-mile
radius from the boundary of the Virgin
River Canyon Recreation Area.
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
This proposed supplementary rule
does not constitute a ‘‘significant energy
action,’’ as defined in Executive Order
13211. This proposed supplementary
rule would not have an adverse effect on
energy supplies, production, or
consumption. The rule only addresses
unauthorized occupancy on public
lands and has no connection with
energy policy.
The following persons are exempt
from this rule: Any Federal, State, local,
and/or military employee acting within
the scope of their official duties;
members of any organized rescue or
firefighting force in performance of an
official duty; and any person
authorized, in writing, by the BLM
authorized officer.
Paperwork Reduction Act
This proposed supplementary rule
does 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. 3501–3521.
Notice of Proposed Supplementary Rule
Author
The principal author of this proposed
supplementary rule is Jon Jasper,
Outdoor Recreation Planner, Arizona
Strip Field Office, Bureau of Land
Management.
For the reasons stated in the
preamble, and under the authority of 43
CFR 8365.1–6 and 43 U.S.C. 1740, the
Arizona State Director proposes to
establish the following supplementary
rule for public lands managed by the
BLM in Mohave County, Arizona,
subject to the Arizona Strip Field Office
Resource Management Plan, to read as
follows:
khammond on DSKJM1Z7X2PROD with PROPOSALS
Definitions
Camp means erecting a tent or shelter
of natural or synthetic material;
preparing a sleeping bag or other
bedding material; parking a motor
vehicle, motor home, or trailer, or
mooring a vessel for the apparent
purpose of overnight occupancy.
Prohibited Acts
Unless otherwise authorized, the BLM
will enforce the following rule on public
lands within the Virgin River Canyon
Recreation Area, within the Arizona
Strip Field Office, Arizona Strip
District, Arizona;
Camping and Occupancy
1. You must not remain or camp
within the Virgin River Canyon
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Exemptions
Penalties
Any person who violates this rule
may be tried before a United States
Magistrate and fined in accordance with
18 U.S.C. 3571, imprisoned no more
than 12 months under 43 U.S.C. 8365.1–
7, or both. In accordance with 43 CFR
8365.1–7, State or local officials may
also impose penalties for violations of
Arizona law.
Raymond Suazo,
Bureau of Land Management, State Director,
Arizona.
[FR Doc. 2021–12279 Filed 6–14–21; 8:45 am]
BILLING CODE 4310–32–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 64
[CG Docket Nos. 03–123 and 10–51; FCC
21–61; FRS 31248]
Video Relay Service Compensation;
Correction
Federal Communications
Commission.
ACTION: Proposed rule; correction.
www.fcc.gov/ecfs/filings. Follow the
instructions for submitting comments.
• Paper Filers: Parties who choose to
file by paper must file an original and
one copy of each filing. Filings can be
sent by hand or messenger delivery, by
commercial overnight courier, or by
first-class or overnight U.S. Postal
Service mail. Currently, the Commission
does not accept any hand delivered or
messenger delivered filings as a
temporary measure taken to help protect
the health and safety of individuals, and
to mitigate the transmission of COVID–
19. All filings must be addressed to the
Commission’s Secretary, Office of the
Secretary, Federal Communications
Commission.
For detailed instructions for
submitting comments and additional
information on the rulemaking process,
see document FCC 21–61 at https://
docs.fcc.gov/public/attachments/FCC21-61A1.pdf.
FOR FURTHER INFORMATION CONTACT:
Michael Scott, Consumer and
Governmental Affairs Bureau, (202)
418–1264, or email Michael.Scott@
fcc.gov.
SUPPLEMENTARY INFORMATION:
Correction
In the proposed rules document
published at 86 FR 29969, June 4, 2021,
make the following correction. On page
29969 in the third column, add after the
SUMMARY the following: ‘‘DATES:
Comments are due July 15, 2021. Reply
comments are due July 30, 2021.’’
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2021–12323 Filed 6–14–21; 8:45 am]
BILLING CODE 6712–01–P
AGENCY:
This document corrects the
inadvertent omission of the DATES
section in the preamble to a proposed
rule document published in the Federal
Register on June 4, 2021. This
correction provides the due dates for
comments and reply comments to the
Notice of Proposed Rulemaking
summarized in the Federal Register
document.
SUMMARY:
Comments are due July 15, 2021.
Reply comments are due July 30, 2021.
ADDRESSES: You may submit comments,
identified by CG Docket Nos. 03–123
and 10–51, by either of the following
methods:
• Federal Communications
Commission’s website: https://
DATES:
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R1–ES–2020–0076;
FF09E21000 FXES11110900000 212]
RIN 1018–BE71
Endangered and Threatened Wildlife
and Plants; Threatened Species Status
for Mount Rainier White-Tailed
Ptarmigan With a Section 4(d) Rule
Fish and Wildlife Service,
Interior.
ACTION: Proposed rule.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), propose to
list the Mount Rainier white-tailed
SUMMARY:
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]]>Agencies
[Federal Register Volume 86, Number 113 (Tuesday, June 15, 2021)]
[Proposed Rules]
[Pages 31665-31668]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-12279]
=======================================================================
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 8365
[212.LLAZA01000.L1220000.DD0000]
Notice of Proposed Supplementary Rule for Public Lands at Virgin
River Canyon Recreation Area in Mohave County, Arizona
AGENCY: Bureau of Land Management, Interior.
ACTION: Proposed supplementary rule.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Land Management (BLM) proposes to establish a
supplementary rule reinstating a 14-day camping limit at the Virgin
River Canyon Recreation Area within the Arizona Strip Field Office,
Arizona Strip District, Mohave County, Arizona. The rule is needed to
protect public health and safety, reduce user conflicts within the
designated recreation area, and protect the area's natural resources.
DATES: Interested parties may submit comments to the BLM at one of the
addresses below on or before August 16, 2021.
ADDRESSES: Comments concerning this notice should be addressed to the
Bureau of Land Management, Attention: Amanda Sparks, BLM Arizona Strip
Field Office, 345 East Riverside Drive, St George, AZ 84790, or email:
[email protected].
FOR FURTHER INFORMATION CONTACT: Amanda Sparks, Assistant Field
Manager, Arizona Strip Field Office, at 435-688-3271 or by email at
BLM_AZ_ASDO [email protected]. Persons who use a telecommunications
device for the deaf (TDD) may call the Federal Relay Service (FRS) at
1-800-877-8339 to contact the above individual. The FRS is available 24
hours a day, seven days a week, to leave a message or question with the
above individual. You will receive a reply during normal business
hours.
SUPPLEMENTARY INFORMATION:
I. Background Information
The BLM is proposing this supplementary rule under the authority of
43 Code of Federal Regulations (CFR) 8365.1-6, which allows BLM State
Directors to establish supplementary rules for the protection of
persons, property, and public lands and resources. This provision
allows the BLM to issue rules of less than national effect by
publishing the rule in the Federal Register, without codifying it in
the CFR. This proposed supplementary
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rule applies to public lands managed by the Arizona Strip Field Office.
You may contact the Arizona Strip Field Office (see ADDRESSES) for maps
of the management area and boundary or to review the notice.
II. Public Comment Procedures
Please submit your written comments on issues related to this
proposed rule to Amanda Sparks at one of the addresses shown above (see
ADDRESSES). Comments on the proposed rule should be specific, confined
to issues pertinent to the rule, and explain the reason for any
recommended change. The BLM is not obligated to consider, or include in
the Administrative Record for the rule, comments delivered to an
address other than those listed above (see ADDRESSES) or 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 your name and address, will be available for
public review upon request. Before including your address, phone
number, email 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.
III. Discussion of Proposed Supplementary Rule
On March 31, 1994, the BLM Arizona State Office established
supplementary rules for the Virgin River Canyon Recreation Area (59 FR
15214). The 1994 camping and occupancy rule exempted the Virgin River
Canyon Recreation Area from the Arizona Strip District's 14-day camping
limit that prohibits camping longer than 14 consecutive days within a
28-day period and requires campers to move at least 30 air miles from a
previously occupied camping location. The 1994 supplementary rule
therefore allowed for unlimited overnight stays within the Virgin River
Canyon Recreation Area.
The proposed supplementary rule would revise the 1994 rule by
reinstating the 14 consecutive day camping limit within a 28-day period
on public land within the Virgin River Canyon Recreation Area, making
it consistent with all other public lands within the Arizona Strip
Field Office.
No other changes to the 1994 supplementary rules are proposed and
they will continue to be enforced as described in the 1994 notice. The
reinstatement of a camping limit would help the BLM maintain public
access for recreational purposes, reduce conflicts among visitors, and
preserve public health and safety.
This action is necessary because an increasing number of users of
the Virgin River Canyon Recreation Area have established long-term
residency under the pretext of recreational camping. Public concern
about the effects of this long-term occupancy requires the BLM to
address this issue. The proliferation of residential use interferes
with legitimate recreational use of public lands and creates other
health and safety concerns including hygiene and sanitation issues
(i.e., no access to showers or waste dump stations; accumulation of
miscellaneous equipment and housewares and the occasional long-term
presence of dogs and their associated waste). In addition, this action
would reduce damages to natural resources that occur from trash
dumping, accumulation or abandonment of equipment or vehicles, loss of
vegetation, and contamination of nearby waters.
The proposed supplementary rule is consistent with the Arizona
Strip Field Office Resource Management Plan (RMP), approved by the BLM
(January 29, 2008). The BLM analyzed the proposed change in an
environmental assessment (EA) (DOI-BLM-AZ-A010-2018-0030-EA) and issued
a Finding of No Significant Impact (FONSI) and a Decision Record on
February 6, 2019.
The proposed supplementary rule applies to public lands at the
Virgin River Canyon Recreation Area within sections 14 & 15 of Township
41 North, Range 14 West of the Gila and Salt River Meridian. The EA was
prepared to disclose and analyze potential impacts (positive or
negative) associated with changing the 1994 supplementary rules by
reinstating a 14-day stay limit within the recreation area campground.
The BLM Arizona Strip Field Office conducted an 18-day public comment
period during the preparation of the EA and received minimal public
interest regarding reinstatement of the 14-day stay limit. The concerns
that were raised by the public and agency partners focused on how long-
term occupancy detracted from the quality and safety of recreation at
this popular recreation area near the communities of St. George, Utah
and Mesquite, Nevada.
Efforts to contain the problems associated with long-term occupancy
without imposing a 14-day stay limit have proven insufficient, and
concerns with public health and safety have intensified. The BLM is
proposing this rule to: (1) Provide more opportunities for the
recreating public to utilize the campground facilities and access the
surrounding area; (2) have consistent camping limitations across the
Arizona Strip Field Office; (3) manage the site for recreational
purposes while preserving the health and safety of visitors; and (4)
enable law enforcement personnel to cite persons for unlawful camping
and use of public land for residential purposes, thereby increasing
campsite availability to the recreating public. This notice, with
detailed maps, will be available at the Arizona Strip Field Office for
review.
The BLM invites public comment on this proposed supplementary rule
until August 16, 2021. The BLM will publish a final rule in the Federal
Register that responds to any substantive comments received and
explains how significant issues raised by those comments were resolved.
IV. Procedural Matters
Executive Order 12866 and 13563, Regulatory Planning and Review
This proposed supplementary rule is not a significant regulatory
action and is not subject to review by the Office of Management and
Budget under Executive Order 12866 or 13563. The rule would not have an
effect of $100 million or more on the economy. This rule would
establish a duration for camping stays and 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. This rule would not create a serious
inconsistency or otherwise interfere with an action taken or planned by
another agency. This rule does not alter the budgetary effects of
entitlements, grants, user fees, or loan programs or the right or
obligations of their recipients, nor does the rule raise novel legal or
policy issues. This rule would enable law enforcement personnel to
efficiently track occupancy and enforce regulations pertaining to
unlawful occupancy in a manner consistent with current Arizona State
and county laws, where appropriate on public lands.
Clarity of the Supplementary Rule
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 the proposed supplementary rule easier to understand,
including answers to questions such as the following:
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1. Are the requirements in this proposed supplementary rule clearly
stated?
2. Does this proposed supplementary rule contain technical language
or jargon that interferes with its clarity?
3. Does the format of this proposed supplementary rule (grouping
and order of sections, use of headings, paragraphing, etc.) aid or
reduce its clarity?
4. Would this proposed supplementary rule be easier to understand
if it was divided into more (but shorter) sections?
5. Is the description of this proposed supplementary rule in the
SUPPLEMENTARY INFORMATION section of this preamble helpful to your
understanding of the proposed supplementary rule? How could this
description be more helpful in making the proposed supplementary rule
easier to understand?
Please send any comments you have on the clarity of the rule to one
of the addresses specified in the ADDRESSES section.
National Environmental Policy Act
The BLM prepared an EA and found that this proposed supplementary
rule does not constitute a major Federal action significantly affecting
the quality of the human environment under Section 102(2)(C) of the
National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4332(2)(C).
The BLM completed the EA to analyze the change in the stay limit in the
Virgin River Canyon Recreation Area. The Decision Record for this EA
was signed on February 6, 2019. The BLM has placed the EA and the FONSI
on file in the BLM Administrative Record at the Arizona Strip Field
Office address specified in the ADDRESSES section.
Regulatory Flexibility Act (RFA)
Congress enacted the Regulatory Flexibility Act of 1980, as
amended, 5 U.S.C. 601, et seq., to ensure that Government regulations
do not unnecessarily or disproportionately burden small entities. The
RFA requires a regulatory flexibility analysis if a rule has a
significant economic impact, either detrimental or beneficial, on a
substantial number of small entities. This proposed supplementary rule
does not pertain specifically to commercial or governmental entities of
any size, but contains a rule to limit the duration of overnight
camping on public lands within the Virgin River Canyon Recreation Area
on the Arizona Strip Field Office. Therefore, the BLM has determined,
under the RFA, that this proposed supplementary rule does not have a
significant economic impact on a substantial number of small entities.
Small Business Regulatory Enforcement Fairness Act (SBREFA)
This proposed supplementary rule does not constitute ``major
rules'' as defined at 5 U.S.C. 804(2). This proposed supplementary rule
would establish a 14-day stay limit on overnight camping during a 28-
day period and within 30 air miles on lands within the Virgin River
Canyon Recreation Area. The limitation is necessary to: (1) Provide
more opportunities for the recreating public to utilize the campground
facilities and access the surrounding area; (2) Have consistent camping
limitations across the Arizona Strip Field Office; (3) Manage the site
for recreational purposes while preserving the health and safety of
visitors; and (4) Enable law enforcement personnel to cite persons for
unlawful camping and use of public land for residential purposes. This
proposed supplementary rule would have no effect on business,
commercial, or industrial use of the public lands.
Unfunded Mandates Reform Act
This proposed supplementary rule does not impose an unfunded
mandate on state, local, or tribal governments or the private sector of
more than $100 million per year, nor does the proposed supplementary
rule have a significant or unique effect on state, local, or tribal
governments or the private sector. The proposed supplementary rule does
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)
This proposed supplementary rule does not represent a Government
action capable of interfering with constitutionally protected property
rights. The proposed supplementary rule does not address property
rights in any form and does not cause the impairment of anyone's
property rights. Therefore, the BLM has determined that this proposed
supplementary rule does not cause a taking of private property or
require further discussion of takings implications under this Executive
Order.
Executive Order 13132, Federalism
This proposed supplementary rule 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. This proposed
supplementary rule applies in only one state, Arizona, and does not
address jurisdictional issues involving the Arizona State government.
Therefore, in accordance with Executive Order 13132, the BLM has
determined that this proposed supplementary rule does 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 this
proposed supplementary rule would not unduly burden the judicial system
and that the rule meets the requirements of sections 3(a) and 3(b)(2)
of the Order.
Executive Order 13175, Consultation and Coordination With Indian Tribal
Governments
In accordance with Executive Order 13175, the BLM has found this
proposed supplementary rule does not include policies that have tribal
implications and 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. Since this
proposed supplementary rule does not change BLM policy and does not
involve Indian reservation lands or resources, the BLM has determined
that the government-to-government relationships remain unaffected. This
proposed supplementary rule would only prohibit camping longer than 14
days in any 28-day period and within 30 air miles of the Virgin River
Canyon Recreation Area on public lands managed by the BLM Arizona Strip
Field Office.
Executive Order 13352, Facilitation of Cooperative Conservation
Under Executive Order 13352, the Arizona State Office of the BLM
has determined that this proposed supplementary rule would not impede
the facilitation of cooperative conservation. This proposed
supplementary rule would take appropriate account of and consider the
interests of persons with ownership or other legally recognized
interests in land or other natural resources; properly accommodate
local participation in the Federal decision-making process; and provide
that the programs, projects, and activities are consistent with
protecting public health and safety.
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Information Quality Act
In developing this proposed supplementary rule, 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, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This proposed supplementary rule does not constitute a
``significant energy action,'' as defined in Executive Order 13211.
This proposed supplementary rule would not have an adverse effect on
energy supplies, production, or consumption. The rule only addresses
unauthorized occupancy on public lands and has no connection with
energy policy.
Paperwork Reduction Act
This proposed supplementary rule does 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. 3501-3521.
Notice of Proposed Supplementary Rule
Author
The principal author of this proposed supplementary rule is Jon
Jasper, Outdoor Recreation Planner, Arizona Strip Field Office, Bureau
of Land Management.
For the reasons stated in the preamble, and under the authority of
43 CFR 8365.1-6 and 43 U.S.C. 1740, the Arizona State Director proposes
to establish the following supplementary rule for public lands managed
by the BLM in Mohave County, Arizona, subject to the Arizona Strip
Field Office Resource Management Plan, to read as follows:
Definitions
Camp means erecting a tent or shelter of natural or synthetic
material; preparing a sleeping bag or other bedding material; parking a
motor vehicle, motor home, or trailer, or mooring a vessel for the
apparent purpose of overnight occupancy.
Prohibited Acts
Unless otherwise authorized, the BLM will enforce the following
rule on public lands within the Virgin River Canyon Recreation Area,
within the Arizona Strip Field Office, Arizona Strip District, Arizona;
Camping and Occupancy
1. You must not remain or camp within the Virgin River Canyon
Recreation Area for more than 14 consecutive days in a 28-day period.
2. After the 14th consecutive day, campers must move beyond a 30-
mile radius from the boundary of the Virgin River Canyon Recreation
Area.
Exemptions
The following persons are exempt from this rule: Any Federal,
State, local, and/or military employee acting within the scope of their
official duties; members of any organized rescue or firefighting force
in performance of an official duty; and any person authorized, in
writing, by the BLM authorized officer.
Penalties
Any person who violates this rule may be tried before a United
States Magistrate and fined in accordance with 18 U.S.C. 3571,
imprisoned no more than 12 months under 43 U.S.C. 8365.1-7, or both. In
accordance with 43 CFR 8365.1-7, State or local officials may also
impose penalties for violations of Arizona law.
Raymond Suazo,
Bureau of Land Management, State Director, Arizona.
[FR Doc. 2021-12279 Filed 6-14-21; 8:45 am]
BILLING CODE 4310-32-P
