Final Supplementary Rule for Public Lands at Virgin River Canyon Recreation Area in Mohave County, Arizona, 732-735 [2022-00025]
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Federal Register / Vol. 87, No. 4 / Thursday, January 6, 2022 / Rules and Regulations
One comment supported the proposed
rule and asked whether foreign states
understand the determination criteria
set forth in § 802.1001(a). The Treasury
Department notes that there is
additional information with respect to
the factors that the Committee will
consider in making determinations
under §§ 800.1001(a) and 802.1001(a) on
its website, available at https://
home.treasury.gov/policy-issues/
international/the-committee-on-foreigninvestment-in-the-united-states-cfius/
cfius-excepted-foreign-states. The public
disclosure of the factors that CFIUS will
consider in its determinations is
informative to foreign states of the
progress needed to meet the definitions
of excepted foreign state and excepted
real estate foreign state. CFIUS also
engages with foreign counterparts on
investment screening issues.
Another comment asked about the
impact of the pandemic and the
excepted foreign state determinations.
Extending the effective date of the
second criterion in each definition
provides foreign states with additional
time to meet the determination factors.
As stated in the preamble to the
proposed rule, the Committee had
determined that extending the time
period before which such requirements
become applicable is desirable given
certain ongoing changes to foreign
investment review regimes. The
proposed rule does not make any
change to the two-part conjunctive tests
or to the factors set forth under
§§ 800.1001(a) and 802.1001(a) for the
second criterion. These tests and factors
continue to provide the basis for CFIUS
to designate excepted foreign states and
excepted real estate foreign states.
Upon review and consideration of
these comments, the Treasury
Department has determined that the
proposed rule is desirable given certain
ongoing changes to foreign investment
review regimes. The final rule therefore
adopts the proposed rule without
change.
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Executive Order 12866
These regulations are not subject to
the general requirements of Executive
Order 12866, which covers review of
regulations by the Office of Information
and Regulatory Affairs in the Office of
Management and Budget (OMB),
because they relate to a foreign affairs
function of the United States, pursuant
to section 3(d)(2) of that order. In
addition, these regulations are not
subject to review under section 6(b) of
Executive Order 12866 pursuant to
section 7(c) of the April 11, 2018,
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Regulatory Flexibility Act
The Regulatory Flexibility Act (5
U.S.C. 601 et seq., RFA) generally
requires an agency to prepare a
regulatory flexibility analysis unless the
agency certifies that the rule will not,
once implemented, have a significant
economic impact on a substantial
number of small entities. The final rule
extends the delayed effectiveness period
for the second criterion in each of 31
CFR part 800 and 31 CFR part 802
without making any change to the twocriteria conjunctive test in either the
definition of excepted foreign state or
excepted real estate foreign state. The
final rule therefore does not change the
circumstances of any investor. Both
before and after the final rule’s
effectiveness, any investor with
sufficiently close ties to an eligible
foreign state may be excepted from
certain aspects of CFIUS’s jurisdiction,
including if engaging in a transaction
with a small business. Such exception
would be expected to lessen the burden
on any such small business. The final
rule therefore does not impose any
additional burden on potential filers,
including small businesses. Considering
the foregoing, the Secretary of the
Treasury certifies, pursuant to 5 U.S.C.
605(b), that this final rule will not have
a significant economic impact on a
substantial number of small entities.
Congressional Review Act
This rule has been submitted to the
Office of Information and Regulatory
Affairs (OIRA), which has determined
that the rule is not a ‘‘major’’ rule under
the Congressional Review Act.
31 CFR Part 800
Foreign investments in the United
States, Investments.
31 CFR Part 802
Frm 00004
Fmt 4700
1. The authority citation for part 800
continues to read:
■
Authority: 50 U.S.C. 4565; E.O. 11858, as
amended, 73 FR 4677.
Subpart B—Definitions
§ 800.218
[Amended]
2. Amend § 800.218 introductory text
by removing the year ‘‘2022’’ wherever
it appears and adding in its place
‘‘2023’’.
■
PART 802—REGULATIONS
PERTAINING TO CERTAIN
TRANSACTIONS BY FOREIGN
PERSONS INVOLVING REAL ESTATE
IN THE UNITED STATES
3. The authority citation for part 802
continues to read:
■
Authority: 50 U.S.C. 4565; E.O. 11858, as
amended, 73 FR 4677.
Subpart B—Definitions
§ 802.214
[Amended]
4. Amend § 802.214 introductory text
by removing the year ‘‘2022’’ wherever
it appears and adding in its place
‘‘2023’’.
■
Larry McDonald,
Acting Assistant Secretary for International
Markets.
[FR Doc. 2021–28599 Filed 1–5–22; 8:45 am]
BILLING CODE 4810–AK–P
DEPARTMENT OF THE INTERIOR
43 CFR Part 8365
[212.LLAZA01000.L1220000.DD0000]
Final Supplementary Rule for Public
Lands at Virgin River Canyon
Recreation Area in Mohave County,
Arizona
Bureau of Land Management,
Interior.
ACTION: Final supplementary rule.
AGENCY:
The Bureau of Land
Management (BLM) is finalizing a
supplementary rule to reinstate 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 supplementary rule is needed to
protect public health and safety, reduce
user conflicts within the designated
SUMMARY:
Real estate transactions in the United
States, Investments.
For the reasons set forth in the
preamble, the Treasury Department
amends 31 CFR parts 800 and 802
regarding the definition of excepted
foreign state and excepted real estate
foreign state as follows:
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PART 800—REGULATIONS
PERTAINING TO CERTAIN
INVESTMENTS IN THE UNITED
STATES BY FOREIGN PERSONS
Bureau of Land Management
List of Subjects
III. Rulemaking Requirements
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Memorandum of Agreement between
the Treasury Department and OMB,
which states that CFIUS regulations are
not subject to OMB’s standard
centralized review process under
Executive Order 12866.
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Federal Register / Vol. 87, No. 4 / Thursday, January 6, 2022 / Rules and Regulations
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recreation area, and protect the area’s
natural resources.
DATES: The final supplementary rule is
effective February 7, 2022.
ADDRESSES: You may submit inquiries
by any of the following methods:
Mail: BLM Arizona Strip Field Office,
345 East Riverside Drive, St. George, UT
84790. Attention: Amanda Sparks.
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:
I. Background Information
The supplementary rule is needed
because an increasing number of users
of the Virgin River Canyon Recreation
Area have established long-term
residency under the pretext of
recreational camping. 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 (e.g., no access to
showers or waste dump stations,
accumulation of miscellaneous items,
and the occasional long-term presence
of dogs and their associated waste). The
supplementary rule will provide more
recreational opportunities for the public
and reduce damage to natural resources
that occur from trash dumping,
accumulation or abandonment of
equipment or vehicles, loss of
vegetation, and contamination of nearby
waters.
Efforts to contain the problems
associated with long-term occupancy
without imposing a 14-day stay have
proven insufficient and concerns with
public health and safety have
intensified. Establishment of this
supplementary rule will: (1) Provide
more opportunities for the recreating
public to utilize the campground
facilities and access the surrounding
area; (2) create consistent camping
limitations across the Arizona Strip
Field Office; (3) allow for management
of the site for recreational purposes
while preserving the health and safety
of visitors; and (4) enable law
enforcement personnel to cite persons
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17:53 Jan 05, 2022
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for unlawful camping and use of public
land for residential purposes, thereby
increasing campsite availability to the
recreating public.
This 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
Decision Record on February 6, 2019.
The BLM is establishing this
supplementary rule under the authority
of 43 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 Code of Federal Regulations.
This final 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. You
may contact the Arizona Strip Field
Office (see ADDRESSES) for maps of the
management area and boundary or to
review the notice.
II. Discussion on Public Comment and
Final 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.
This final supplementary rule will
revise the 1994 rule by reinstating the
camping limit of 14 consecutive days
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 area.
No other changes to the 1994
supplementary rules will occur and they
will continue to be enforced as
described in the 1994 notice. The
reinstatement of a camping limit will
help the BLM maintain public access for
recreational purposes, reduce conflicts
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733
among visitors, and preserve public
health and safety.
The BLM Arizona State Director
proposed the supplementary rule in the
Federal Register on June 15, 2021 (86
FR 31665). The notice announced a 60day public comment period on the
proposed supplementary rule to
reinstate a 14-day camping limit within
a 28-day period at the Virgin River
Canyon Recreation Area within the
Arizona Strip Field Office area, Arizona
Strip District, Mohave County, Arizona.
The BLM also published a news release
announcing the comment period. The
comment period ended on August 16,
2021. The BLM received five comments
by email, all in support of the proposed
rule.
III. Procedural Matters
Executive Order 12866 and 13563,
Regulatory Planning and Review
This supplementary rule is not a
significant regulatory action and is not
subject to review by the Office of
Management and Budget under
Executive Orders 12866 or 13563. The
rule will not have an effect of $100
million or more on the economy. This
rule establishes a duration for camping
stays and does not adversely affect, in
a material way, the economy,
productivity, competition, jobs,
environment, public health or safety, or
state, local, or tribal governments or
communities. This rule will 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
will 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.
National Environmental Policy Act
The BLM prepared an EA and found
that the 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 effects of 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
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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 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 in the Arizona Strip
Field Office area. Therefore, the BLM
has determined, under the RFA, that
this supplementary rule does not have
a significant economic impact on a
substantial number of small entities.
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Small Business Regulatory Enforcement
Fairness Act (SBREFA)
This supplementary rule does not
constitute ‘‘major rules’’ as defined at 5
U.S.C. 804(2). The supplementary rule
establishes 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) create
consistent camping limitations across
the Arizona Strip Field Office; (3) allow
for management of 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. The supplementary rule will
have no effect on business, commercial,
or industrial use of the public lands.
Unfunded Mandates Reform Act
This 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 supplementary
rule have a significant or unique effect
on state, local or Tribal governments or
the private sector. The 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.).
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Executive Order 12630, Governmental
Actions and Interference With
Constitutionally Protected Property
Rights (Takings)
This supplementary rule does not
represent a government action capable
of interfering with constitutionally
protected property rights. The
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 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 supplementary rule will 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. The
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 the
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
supplementary rule will 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
supplementary rule does not include
policies that have tribal implications
and will 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
supplementary rule does not change
BLM policy and does not involve Indian
reservation lands or resources, the BLM
has determined that the government-togovernment relationships remain
unaffected. The supplementary rule will
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
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Fmt 4700
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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 supplementary rule
will not impede the facilitation of
cooperative conservation. The
supplementary rule will 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.
Information Quality Act
In developing this 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 supplementary rule does not
constitute a ‘‘significant energy action’’
as defined in Executive Order 13211.
The supplementary rule will 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 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.
Final Supplementary Rule
Author
The principal author of this
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 establishes 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:
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Federal Register / Vol. 87, No. 4 / Thursday, January 6, 2022 / Rules and Regulations
Definitions
DEPARTMENT OF COMMERCE
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.
National Oceanic and Atmospheric
Administration
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 his or her 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,
State Director, Arizona.
[FR Doc. 2022–00025 Filed 1–5–22; 8:45 am]
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BILLING CODE 4310–32–P
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50 CFR Part 679
[Docket No. 210210–0018; RTID 0648–
XB704]
Fisheries of the Exclusive Economic
Zone Off Alaska; Pacific Cod by
Catcher Vessels Using Hook-and-Line
Gear in the Western Regulatory Area of
the Gulf of Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS is prohibiting directed
fishing for Pacific cod by catcher vessels
using hook-and-line (HAL) gear in the
Western Regulatory Area of the Gulf of
Alaska (GOA). This action is necessary
to prevent exceeding the A season
allowance of the 2022 total allowable
catch of Pacific cod by catcher vessels
using HAL gear in the Western
Regulatory Area of the GOA.
DATES: Effective 1200 hours, Alaska
local time (A.l.t.), January 3, 2022,
through 1200 hours, A.l.t., June 10,
2022.
FOR FURTHER INFORMATION CONTACT:
Krista Milani, 907–581–2062.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
GOA exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Gulf of
Alaska (FMP) prepared by the North
Pacific Fishery Management Council
under authority of the MagnusonStevens Fishery Conservation and
Management Act. Regulations governing
fishing by U.S. vessels in accordance
with the FMP appear at subpart H of 50
CFR part 600 and 50 CFR part 679.
The A season allowance of the 2022
Pacific cod total allowable catch (TAC)
apportioned to catcher vessels using
HAL gear in the Western Regulatory
Area of the GOA is 47 metric tons (mt)
as established by the final 2021 and
2022 harvest specifications for
groundfish in the GOA (86 FR 10184,
February 19, 2021) and inseason
adjustment (86 FR 74384, December 30,
2021). The Regional Administrator has
SUMMARY:
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735
determined that the 2022 TAC
apportioned to catcher vessels using
HAL gear in the Western Regulatory
Area of the GOA is necessary to account
for the incidental catch of this species
in other anticipated groundfish fisheries
for the 2022 fishing year. Therefore, in
accordance with § 679.20(d)(1)(i), the
Regional Administrator establishes the
directed fishing allowance for catcher
vessels using HAL gear in the Western
Regulatory Area of the GOA as zero mt.
Consequently, in accordance with
§ 679.20(d)(1)(iii), NMFS is prohibiting
directed fishing for catcher vessels using
HAL gear in the Western Regulatory
Area of the GOA.
While this closure is effective the
maximum retainable amounts at
§ 679.20(e) and (f) apply at any time
during a trip.
Classification
NMFS issues this action pursuant to
section 305(d) of the Magnuson-Stevens
Act. This action is required by 50 CFR
part 679, which was issued pursuant to
section 304(b), and is exempt from
review under Executive Order 12866.
Pursuant to 5 U.S.C. 553(b)(B), there
is good cause to waive prior notice and
an opportunity for public comment on
this action, as notice and comment
would be impracticable and contrary to
the public interest, as it would prevent
NMFS from responding to the most
recent fisheries data in a timely fashion
and would delay the closure of Pacific
cod by catcher vessels using HAL gear
in the Western Regulatory Area of the
GOA. NMFS was unable to publish a
notification providing time for public
comment because the most recent,
relevant data only became available as
of December 30, 2021.
The Assistant Administrator for
Fisheries, NOAA also finds good cause
to waive the 30-day delay in the
effective date of this action under 5
U.S.C. 553(d)(3). This finding is based
upon the reasons provided above for
waiver of prior notice and opportunity
for public comment.
Authority: 16 U.S.C. 1801 et seq.
Dated: January 3, 2022.
Ngagne Jafnar Gueye,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2022–00042 Filed 1–3–22; 4:15 pm]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 87, Number 4 (Thursday, January 6, 2022)]
[Rules and Regulations]
[Pages 732-735]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00025]
=======================================================================
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 8365
[212.LLAZA01000.L1220000.DD0000]
Final Supplementary Rule for Public Lands at Virgin River Canyon
Recreation Area in Mohave County, Arizona
AGENCY: Bureau of Land Management, Interior.
ACTION: Final supplementary rule.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Land Management (BLM) is finalizing a
supplementary rule to reinstate 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 supplementary rule
is needed to protect public health and safety, reduce user conflicts
within the designated
[[Page 733]]
recreation area, and protect the area's natural resources.
DATES: The final supplementary rule is effective February 7, 2022.
ADDRESSES: You may submit inquiries by any of the following methods:
Mail: BLM Arizona Strip Field Office, 345 East Riverside Drive, St.
George, UT 84790. Attention: Amanda Sparks.
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 supplementary rule is needed because an increasing number of
users of the Virgin River Canyon Recreation Area have established long-
term residency under the pretext of recreational camping. 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 (e.g., no access to
showers or waste dump stations, accumulation of miscellaneous items,
and the occasional long-term presence of dogs and their associated
waste). The supplementary rule will provide more recreational
opportunities for the public and reduce damage to natural resources
that occur from trash dumping, accumulation or abandonment of equipment
or vehicles, loss of vegetation, and contamination of nearby waters.
Efforts to contain the problems associated with long-term occupancy
without imposing a 14-day stay have proven insufficient and concerns
with public health and safety have intensified. Establishment of this
supplementary rule will: (1) Provide more opportunities for the
recreating public to utilize the campground facilities and access the
surrounding area; (2) create consistent camping limitations across the
Arizona Strip Field Office; (3) allow for management of 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 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 Decision Record on February 6, 2019.
The BLM is establishing this supplementary rule under the authority
of 43 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 Code of Federal
Regulations. This final 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.
You may contact the Arizona Strip Field Office (see ADDRESSES) for maps
of the management area and boundary or to review the notice.
II. Discussion on Public Comment and Final 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. This final supplementary rule will revise the
1994 rule by reinstating the camping limit of 14 consecutive days
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 area.
No other changes to the 1994 supplementary rules will occur and
they will continue to be enforced as described in the 1994 notice. The
reinstatement of a camping limit will help the BLM maintain public
access for recreational purposes, reduce conflicts among visitors, and
preserve public health and safety.
The BLM Arizona State Director proposed the supplementary rule in
the Federal Register on June 15, 2021 (86 FR 31665). The notice
announced a 60-day public comment period on the proposed supplementary
rule to reinstate a 14-day camping limit within a 28-day period at the
Virgin River Canyon Recreation Area within the Arizona Strip Field
Office area, Arizona Strip District, Mohave County, Arizona. The BLM
also published a news release announcing the comment period. The
comment period ended on August 16, 2021. The BLM received five comments
by email, all in support of the proposed rule.
III. Procedural Matters
Executive Order 12866 and 13563, Regulatory Planning and Review
This supplementary rule is not a significant regulatory action and
is not subject to review by the Office of Management and Budget under
Executive Orders 12866 or 13563. The rule will not have an effect of
$100 million or more on the economy. This rule establishes a duration
for camping stays and does not adversely affect, in a material way, the
economy, productivity, competition, jobs, environment, public health or
safety, or state, local, or tribal governments or communities. This
rule will 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 will 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.
National Environmental Policy Act
The BLM prepared an EA and found that the 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 effects of 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
[[Page 734]]
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 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 in the
Arizona Strip Field Office area. Therefore, the BLM has determined,
under the RFA, that this supplementary rule does not have a significant
economic impact on a substantial number of small entities.
Small Business Regulatory Enforcement Fairness Act (SBREFA)
This supplementary rule does not constitute ``major rules'' as
defined at 5 U.S.C. 804(2). The supplementary rule establishes 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) create consistent camping limitations across the
Arizona Strip Field Office; (3) allow for management of 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. The
supplementary rule will have no effect on business, commercial, or
industrial use of the public lands.
Unfunded Mandates Reform Act
This 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 supplementary rule have a
significant or unique effect on state, local or Tribal governments or
the private sector. The 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 supplementary rule does not represent a government action
capable of interfering with constitutionally protected property rights.
The 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 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 supplementary rule will 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. The 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 the 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
supplementary rule will 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
supplementary rule does not include policies that have tribal
implications and will 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
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. The
supplementary rule will 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 supplementary rule will not impede the
facilitation of cooperative conservation. The supplementary rule will
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.
Information Quality Act
In developing this 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 supplementary rule does not constitute a ``significant energy
action'' as defined in Executive Order 13211. The supplementary rule
will 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 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.
Final Supplementary Rule
Author
The principal author of this 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
establishes 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:
[[Page 735]]
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 his
or her 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,
State Director, Arizona.
[FR Doc. 2022-00025 Filed 1-5-22; 8:45 am]
BILLING CODE 4310-32-P
