Final Supplementary Rule for Public Lands in the Lower Lake Creek Falls Special Recreation Management Area, Lane County, OR, 69204-69206 [2022-25015]
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69204
Federal Register / Vol. 87, No. 222 / Friday, November 18, 2022 / Rules and Regulations
Governments’’ (65 FR 67249, November
9, 2000) do not apply to this action. In
addition, this action does not impose
any enforceable duty or contain any
unfunded mandate as described under
Title II of the Unfunded Mandates
Reform Act (UMRA) (2 U.S.C. 1501 et
seq.).
This action does not involve any
technical standards that would require
Agency consideration of voluntary
consensus standards pursuant to section
12(d) of the National Technology
Transfer and Advancement Act
(NTTAA) (15 U.S.C. 272 note).
VII. Congressional Review Act
Pursuant to the Congressional Review
Act (5 U.S.C. 801 et seq.), EPA will
submit a report containing this rule and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. This action is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides,
and pests, Reporting and recordkeeping
requirements.
Dated: November 15, 2022.
Daniel Rosenblatt,
Acting Director, Registration Division, Office
of Pesticide Programs.
Therefore, for the reasons stated in the
preamble, EPA is amending 40 CFR
chapter 1 as follows:
PART 180—TOLERANCES AND
EXEMPTIONS FOR PESTICIDE
CHEMICAL RESIDUES IN FOOD
1. The authority citation for part 180
continues to read as follows:
■
Authority: 21 U.S.C. 321(q), 346a and 371.
2. In § 180.694, amend the table in
paragraph (a) by:
■ a. Adding a heading;
■ b. Adding in alphabetical order the
entries ‘‘Artichoke, globe’’, ‘‘Pepper/
eggplant subgroup 8–10B’’, ‘‘Sunflower
subgroup 20B’’, and ‘‘Tomato subgroup
8–10A’’; and
■ c. Removing the entry for ‘‘Vegetable,
fruiting, group 8–10’’.
The additions read as follows:
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■
§ 180.694 Cyclaniliprole; tolerances for
residues.
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a speech disability may dial 711 (TTY,
TDD, or TeleBraille) to access
telecommunications relay services.
Parts
per
Individuals outside the United States
million
should use the relay services offered
within their country to make
international calls to the point-of*
1.5 contact in the United States.
SUPPLEMENTARY INFORMATION:
TABLE 1 TO PARAGRAPH (a)
Commodity
*
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Artichoke, globe ..........................
*
*
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*
Pepper/eggplant subgroup 8–
10B ..........................................
*
I. Background
The BLM Northwest Oregon District,
Siuslaw Field Office manages the Lower
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Lake Creek SRMA. This popular
Sunflower subgroup 20B ............
0.4 recreation site contains unique
waterfalls and natural water slide
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Tomato subgroup 8–10A ............
0.7 features that draw visitors from
throughout the region. Visitors hike
along a short trail to Lake Creek and
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enjoy swimming in natural pools and
other in-water recreational activities.
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The consumption of alcoholic beverages
[FR Doc. 2022–25185 Filed 11–17–22; 8:45 am]
in the SRMA has resulted in increased
BILLING CODE 6560–50–P
occurrences of unsafe behavior by
visitors, such as wading in fast-moving
and shallow sheet water flowing over
DEPARTMENT OF THE INTERIOR
natural rock formations. This final
supplementary rule will ban the
Bureau of Land Management
possession and consumption of
alcoholic beverages in the area and, as
43 CFR Part 8360
a result, return the area to a safer and
[LLORN03000.L63000000.HD0000.
more family-friendly outdoor recreation
22X.241A.HAG 22–0018]
opportunity for all members of the
public to enjoy.
Final Supplementary Rule for Public
BLM law enforcement, recreation
Lands in the Lower Lake Creek Falls
personnel, local law enforcement, and
Special Recreation Management Area,
local search and rescue professionals
Lane County, OR
agree that some visitors’ consumption of
alcohol has been a major factor in
AGENCY: Bureau of Land Management,
contributing to increased public safety
Interior.
risks at the recreation site. Such public
ACTION: Final supplementary rule.
safety issues include an increase in fatal
traffic accidents involving travelers
SUMMARY: The Bureau of Land
Management (BLM) Oregon/Washington driving to and from the recreation area,
as well as increased problems associated
State Director is finalizing a
with litter, sanitation, and noise. This
supplementary rule prohibiting the use
and possession of alcoholic beverages in final supplementary rule is needed to
ensure a safe recreational setting for all
the Lower Lake Creek Falls Special
visitors and the local communities of
Recreation Management Area (SRMA).
Triangle Lake and Blachly, Oregon.
DATES: This final supplementary rule is
This final supplementary rule is
effective on December 19, 2022.
established under the authority of 43
ADDRESSES: Inquiries may be directed to CFR 8365.1–6, which allows BLM State
the BLM Northwest Oregon, Siuslaw
Directors to establish supplementary
Field Office at (541) 683–6600 or 3106
rules for ‘‘the protection of persons,
Pierce Pkwy., E Springfield, OR 97477.
property, and public lands and
The final supplementary rule and
resources.’’ This final supplementary
accompanying environmental
rule prohibits visitors of all ages from
documents are available for inspection
consuming, possessing, or furnishing
at the BLM Northwest Oregon, Siuslaw
any beverage defined as an alcoholic
Field Office and on the ePlanning
beverage by Oregon State Law within
website at: https://eplanning.blm.gov/
the boundaries of the Lower Lake Creek
eplanning-ui/project/67998/510.
SRMA, including, but not limited to, the
FOR FURTHER INFORMATION CONTACT:
parking lot, day-use area and
Morgan Schneider, Team Lead,
surrounding hillside, Lower Lake Creek
Telephone: (541) 683–6407, email:
Falls swimming area, and pathways
BLM_OR_NO_SIU_NEPA@blm.gov.
leading to the swimming area and
Individuals in the United States who are waterfalls site. Prohibited acts under
deaf, deafblind, hard of hearing, or have this provision include the consumption,
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Federal Register / Vol. 87, No. 222 / Friday, November 18, 2022 / Rules and Regulations
possession, and furnishing of any
alcoholic beverage within motor
vehicles, tents, or other structures in the
area described herein.
II. Discussion of Public Comments
On August 9, 2012, the BLM
published a proposed supplementary
rule (77 FR 47662) to replace an existing
supplementary rule on alcohol use
within the Lower Lake Creek SRMA.
The existing supplementary rule,
adopted in 1997, prohibits
‘‘consumption, possession, or furnishing
of any alcoholic beverage in violation of
Oregon State law.’’ Because of the way
it is written, the existing supplementary
rule does not actually ban the
consumption, possession, or furnishing
of alcohol in the SRMA.
The substance of the ‘‘Prohibited Act’’
in this final supplementary rule, which
is the same as the substance of the
proposed supplementary rule (i.e.,
alcoholic beverages), would prohibit
consumption, possession, or furnishing
of ‘‘any beverage defined as an alcoholic
beverage by Oregon State law while on
public lands’’ within the boundaries of
the Lower Lake Creek SRMA. In the
proposed supplementary rule, the BLM
explained that the existing
supplementary rule is insufficient to
control an increasing population of
visitors who consume, possess, or
furnish alcohol, and the proposed
supplementary rule would put in place
an enforceable ban on alcoholic
beverages for all visitors, regardless of
age.
The BLM received no comments on
the proposed supplementary rule. The
BLM signed a decision record on the
Proposed Rules for public land within
the Lower Lake Creek SRMA
Environmental Assessment (DOI–BLM–
ORWA–E050–2012–0002–EA), which
was posted on the BLM’s ePlanning
website on October 11, 2016. The BLM
received two comments during the
environmental assessment’s (EA) 30-day
comment period. These commenters
thanked the BLM for moving forward
with a ban on alcoholic beverages at the
Lower Lake Creek Falls SRMA.
III. Procedural Matters
khammond on DSKJM1Z7X2PROD with RULES
Executive Order (E.O.) 12866,
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 E.O.
12866. This supplementary rule would
not have an annual effect of $100
million or more on the economy. It is
not intended to affect commercial
activity but imposes a rule of conduct
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15:59 Nov 17, 2022
Jkt 259001
on recreational visitors for public safety
in a limited area of public lands. This
supplementary rule 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 supplementary rule
would not create a serious inconsistency
or otherwise interfere with an action
taken or planned by another agency.
This supplementary rule does not
materially alter the budgetary effects of
entitlements, grants, user fees, or loan
programs or the right or obligations of
their recipients, nor does it raise novel
legal or policy issues; it merely strives
to protect public safety.
National Environmental Policy Act
A ban on alcoholic beverages was
analyzed in the EA titled ‘‘Proposed
Rules for Public Land Within the Lower
Lake Creek SRMA’’ (DOI–BLM–ORWA–
E050–2012–0002–EA). This document
was subject to a 30-day public comment
period. On July 23, 2012, BLM
determined that this supplementary rule
did 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 (NEPA) of 1969, 42 U.S.C. On
October 11, 2016, BLM signed a
decision record based on the EA, which
analyzed a permanent restriction on
consuming alcohol. This supplementary
rule merely regulates conduct on the
BLM lands administered by the Siuslaw
Field Office within the boundaries of
the Lower Lake Creek Falls SRMA in
order to protect public safety. A detailed
environmental impact statement under
NEPA is not required.
The BLM reviewed and signed a
Determination of NEPA Adequacy
(DNA) in 2018 (DOI–BLM–ORWA–
N030–2017–0005–DNA) after
confirming that the EA’s analysis is still
valid. Circumstances in the SRMA have
not changed since then.
The BLM has placed the EA, the
decision record, the finding of no
significant impact, and the DNA on file
in the BLM administrative record at the
address specified in the ADDRESSES
section.
Regulatory Flexibility Act
This final supplementary rule will not
have a significant economic effect on a
substantial number of small entities
under the Regulatory Flexibility Act
(RFA) of 1980, 5 U.S.C. 601, et seq.
Congress enacted the RFA to ensure that
Government regulations do not
unnecessarily or disproportionately
burden small entities. The RFA requires
a regulatory flexibility analysis if a rule
PO 00000
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69205
would have a significant economic
impact, either detrimental or beneficial,
on a substantial number of small
entities. The supplementary rule does
not pertain specifically to commercial,
not-for-profit, or governmental entities
of any size, but to public consumption
of alcoholic beverages on specific public
lands.
Small Business Regulatory Enforcement
Fairness Act
This rule is not a major rule under 5
U.S.C. 804(2), the Small Business
Regulatory Enforcement Fairness Act.
This rule:
(a) Does not have an annual effect on
the economy of $100 million or more;
(b) Will not cause a major increase in
costs or prices for consumers;
individual industries; Federal, State, or
local Government agencies; or
geographic regions; and
(c) Does not have significant adverse
effects on competition, employment,
investment, productivity, innovation, or
the ability of U.S.-based enterprises to
compete with foreign-based enterprises.
Unfunded Mandates Reform Act
This supplementary rule does not
impose an unfunded mandate on State,
local, or Tribal Governments of more
than $100 million per year; nor does it
have a significant or unique effect on
State, local, or Tribal Governments or
the private sector. This supplementary
rule does not impose requirements on
State, local, or Tribal Governments. A
statement containing the information
required by the Unfunded Mandates
Reform Act, 2 U.S.C. 1531 et seq., is not
required.
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 et seq.
Executive Order 12630, Governmental
Actions and Interference With
Constitutionally Protected Property
Rights (Takings)
This rule does not affect a taking of
private property or otherwise have
takings implications under E.O. 12630.
This supplementary rule is not a
Government action capable of
interfering with constitutionally
protected property rights. This
supplementary rule does not address
property rights in any form and does not
cause the impairment of any private
property rights. A takings implication
assessment is not required.
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Federal Register / Vol. 87, No. 222 / Friday, November 18, 2022 / Rules and Regulations
Executive Order 13132, Federalism
Under the criteria in section 1 of E.O.
13132, this rule does not have sufficient
federalism implications to warrant the
preparation of a federalism summary
impact statement. 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. A
federalism summary impact statement is
not required.
Executive Order 12988, Civil Justice
Reform
This rule complies with the
requirements of E.O. 12988.
Specifically, the following rule:
(a) Meets the criteria of section 3(a)
requiring that all regulations be
reviewed to eliminate errors and
ambiguity and be written to minimize
litigation; and
(b) Meets the criteria of section 3(b)(2)
requiring that all regulations be written
in clear language and contain clear legal
standards.
Executive Order 13175, Consultation
and Coordination With Indian Tribal
Governments
The Department of the Interior strives
to strengthen its Government-toGovernment relationship with Indian
Tribes through a commitment to
consultation with Indian Tribes and
recognition of their right to selfgovernance and Tribal sovereignty. We
have evaluated this rule under the
Department’s consultation policy and
under the criteria in E.O. 13175 and
have determined that it has no
substantial direct effects on federally
recognized Indian Tribes and that
consultation under the Department’s
Tribal consultation policy is not
required.
Effects on the Energy Supply (E.O.
13211)
This rule is not a significant energy
action under the definition in E.O.
13211. A Statement of Energy Effects is
not required.
IV. Final Supplementary Rule
khammond on DSKJM1Z7X2PROD with RULES
Author
The principal author of this
supplementary rule is Cheryl Adcock,
Field Manager for the Siuslaw Field
Office, Oregon/Washington.
For the reasons stated in the
preamble, and under authority for
supplementary rules at 43 U.S.C. 1740
and 43 CFR 8365.1–6, the BLM Oregon/
Washington State Director establishes a
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15:59 Nov 17, 2022
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supplementary rule for public lands
administered by the BLM in Oregon/
Washington, to read as follows:
Final Supplementary Rule for Public
Lands in the Lower Lake Creek Falls
Special Recreation Management Area,
Lane County, OR
Definitions
Alcoholic beverage uses the definition
set forth in 2017 ORS 471.001(1).
Prohibited Acts
No person may consume, possess, or
furnish alcoholic beverages within the
boundaries of the Lower Lake Creek
Falls SRMA, including, but not limited
to, the parking lot, day-use area and
surrounding hillside, Lower Lake Creek
Falls swimming area, and pathways
leading to the swimming area and falls
site. Prohibited acts under this
provision also include the consumption,
possession, and furnishing of any
alcoholic beverage within motor
vehicles, tents, or other structures.
Exemptions
No persons, agencies, municipalities,
or companies are exempt from the
supplementary rule unless specifically
authorized in writing by the BLM.
Penalties
Any person who violates this
supplementary 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. 1733(a) and 43 CFR
8360.0–7, or both. In accordance with
43 CFR 8365.1–7, State or local officials
also impose penalties for violations of
Oregon law.
Barry R. Bushue,
Bureau of Land Management, State Director,
Oregon/Washington.
[FR Doc. 2022–25015 Filed 11–17–22; 8:45 am]
BILLING CODE 4310–33–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 64
[CG Docket No. 17–59, WC Docket 17–97,
FCC 22–37; FR ID 113860]
Advanced Methods To Target and
Eliminate Unlawful Robocalls; Call
Authentication Trust Anchor
Federal Communications
Commission.
ACTION: Final rule; announcement of
compliance date.
AGENCY:
SUMMARY: In this document, the Federal
Communications Commission
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(Commission or FCC) announces that
the Office of Management and Budget
(OMB) has approved the public
information collection associated with a
rule that requires gateway providers to
block calls based on a ‘‘reasonable Do
Not Originate (DNO) list,’’ and that
compliance with the rule will be
required. This document is consistent
with the Sixth Report and Order in CG
Docket No. 17–59, Fifth Report and
Order in WC Docket No. 17–97, and
Gateway Provider Report and Order,
FCC 22–37 adopted on May 19, 2022
and released on May 20, 2022, which
states the Commission will publish a
document in the Federal Register
announcing a compliance date for the
rule section and revise the rules
accordingly.
DATES:
Effective date: The amendment is
effective December 19, 2022.
Compliance date: Compliance with 47
CFR 64.1200(o), published at 87 FR
42916, July 18, 2022, is required on
December 19, 2022.
FOR FURTHER INFORMATION CONTACT:
Jerusha Burnett, Consumer Policy
Division, Consumer and Governmental
Affairs Bureau, at (202) 418–0526, or
email: Jerusha.Burnett@fcc.gov.
SUPPLEMENTARY INFORMATION: This
document announces that OMB
approved the information collection
requirement in § 64.1200(o) on
November 3, 2022.
The Commission publishes this
document as an announcement of the
compliance date of the rule.
If you have any comments on the
burden estimates listed below, or how
the Commission can improve the
collections and reduce any burdens
caused thereby, please contact Cathy
Williams, Federal Communications
Commission, Room 3.317, 45 L Street
NE, Washington, DC 20554. Please
include the OMB Control Number,
3060–1303, in your correspondence.
The Commission will also accept your
comments via email at PRA@fcc.gov.
To request materials in accessible
formats for people with disabilities
(Braille, large print, electronic files,
audio format), send an email to fcc504@
fcc.gov or call the Consumer and
Governmental Affairs Bureau at (202)
418–0530 (voice), (202) 418–0432
(TTY).
This document also removes
§ 64.1200(p) of the Commission’s rules,
which advised that compliance was not
required until OMB approval was
obtained.
To request materials in accessible
formats for people with disabilities
(Braille, large print, electronic files,
E:\FR\FM\18NOR1.SGM
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]]>Agencies
[Federal Register Volume 87, Number 222 (Friday, November 18, 2022)]
[Rules and Regulations]
[Pages 69204-69206]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25015]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 8360
[LLORN03000.L63000000.HD0000. 22X.241A.HAG 22-0018]
Final Supplementary Rule for Public Lands in the Lower Lake Creek
Falls Special Recreation Management Area, Lane County, OR
AGENCY: Bureau of Land Management, Interior.
ACTION: Final supplementary rule.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Land Management (BLM) Oregon/Washington State
Director is finalizing a supplementary rule prohibiting the use and
possession of alcoholic beverages in the Lower Lake Creek Falls Special
Recreation Management Area (SRMA).
DATES: This final supplementary rule is effective on December 19, 2022.
ADDRESSES: Inquiries may be directed to the BLM Northwest Oregon,
Siuslaw Field Office at (541) 683-6600 or 3106 Pierce Pkwy., E
Springfield, OR 97477. The final supplementary rule and accompanying
environmental documents are available for inspection at the BLM
Northwest Oregon, Siuslaw Field Office and on the ePlanning website at:
https://eplanning.blm.gov/eplanning-ui/project/67998/510.
FOR FURTHER INFORMATION CONTACT: Morgan Schneider, Team Lead,
Telephone: (541) 683-6407, email: [email protected].
Individuals in the United States who are deaf, deafblind, hard of
hearing, or have a speech disability may dial 711 (TTY, TDD, or
TeleBraille) to access telecommunications relay services. Individuals
outside the United States should use the relay services offered within
their country to make international calls to the point-of-contact in
the United States.
SUPPLEMENTARY INFORMATION:
I. Background
The BLM Northwest Oregon District, Siuslaw Field Office manages the
Lower Lake Creek SRMA. This popular recreation site contains unique
waterfalls and natural water slide features that draw visitors from
throughout the region. Visitors hike along a short trail to Lake Creek
and enjoy swimming in natural pools and other in-water recreational
activities. The consumption of alcoholic beverages in the SRMA has
resulted in increased occurrences of unsafe behavior by visitors, such
as wading in fast-moving and shallow sheet water flowing over natural
rock formations. This final supplementary rule will ban the possession
and consumption of alcoholic beverages in the area and, as a result,
return the area to a safer and more family-friendly outdoor recreation
opportunity for all members of the public to enjoy.
BLM law enforcement, recreation personnel, local law enforcement,
and local search and rescue professionals agree that some visitors'
consumption of alcohol has been a major factor in contributing to
increased public safety risks at the recreation site. Such public
safety issues include an increase in fatal traffic accidents involving
travelers driving to and from the recreation area, as well as increased
problems associated with litter, sanitation, and noise. This final
supplementary rule is needed to ensure a safe recreational setting for
all visitors and the local communities of Triangle Lake and Blachly,
Oregon.
This final supplementary rule is established 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 final supplementary rule prohibits
visitors of all ages from consuming, possessing, or furnishing any
beverage defined as an alcoholic beverage by Oregon State Law within
the boundaries of the Lower Lake Creek SRMA, including, but not limited
to, the parking lot, day-use area and surrounding hillside, Lower Lake
Creek Falls swimming area, and pathways leading to the swimming area
and waterfalls site. Prohibited acts under this provision include the
consumption,
[[Page 69205]]
possession, and furnishing of any alcoholic beverage within motor
vehicles, tents, or other structures in the area described herein.
II. Discussion of Public Comments
On August 9, 2012, the BLM published a proposed supplementary rule
(77 FR 47662) to replace an existing supplementary rule on alcohol use
within the Lower Lake Creek SRMA. The existing supplementary rule,
adopted in 1997, prohibits ``consumption, possession, or furnishing of
any alcoholic beverage in violation of Oregon State law.'' Because of
the way it is written, the existing supplementary rule does not
actually ban the consumption, possession, or furnishing of alcohol in
the SRMA.
The substance of the ``Prohibited Act'' in this final supplementary
rule, which is the same as the substance of the proposed supplementary
rule (i.e., alcoholic beverages), would prohibit consumption,
possession, or furnishing of ``any beverage defined as an alcoholic
beverage by Oregon State law while on public lands'' within the
boundaries of the Lower Lake Creek SRMA. In the proposed supplementary
rule, the BLM explained that the existing supplementary rule is
insufficient to control an increasing population of visitors who
consume, possess, or furnish alcohol, and the proposed supplementary
rule would put in place an enforceable ban on alcoholic beverages for
all visitors, regardless of age.
The BLM received no comments on the proposed supplementary rule.
The BLM signed a decision record on the Proposed Rules for public land
within the Lower Lake Creek SRMA Environmental Assessment (DOI-BLM-
ORWA-E050-2012-0002-EA), which was posted on the BLM's ePlanning
website on October 11, 2016. The BLM received two comments during the
environmental assessment's (EA) 30-day comment period. These commenters
thanked the BLM for moving forward with a ban on alcoholic beverages at
the Lower Lake Creek Falls SRMA.
III. Procedural Matters
Executive Order (E.O.) 12866, 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
E.O. 12866. This supplementary rule would not have an annual effect of
$100 million or more on the economy. It is not intended to affect
commercial activity but imposes a rule of conduct on recreational
visitors for public safety in a limited area of public lands. This
supplementary rule 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 supplementary rule would not create a serious
inconsistency or otherwise interfere with an action taken or planned by
another agency. This supplementary rule does not materially alter the
budgetary effects of entitlements, grants, user fees, or loan programs
or the right or obligations of their recipients, nor does it raise
novel legal or policy issues; it merely strives to protect public
safety.
National Environmental Policy Act
A ban on alcoholic beverages was analyzed in the EA titled
``Proposed Rules for Public Land Within the Lower Lake Creek SRMA''
(DOI-BLM-ORWA-E050-2012-0002-EA). This document was subject to a 30-day
public comment period. On July 23, 2012, BLM determined that this
supplementary rule did 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 (NEPA) of
1969, 42 U.S.C. On October 11, 2016, BLM signed a decision record based
on the EA, which analyzed a permanent restriction on consuming alcohol.
This supplementary rule merely regulates conduct on the BLM lands
administered by the Siuslaw Field Office within the boundaries of the
Lower Lake Creek Falls SRMA in order to protect public safety. A
detailed environmental impact statement under NEPA is not required.
The BLM reviewed and signed a Determination of NEPA Adequacy (DNA)
in 2018 (DOI-BLM-ORWA-N030-2017-0005-DNA) after confirming that the
EA's analysis is still valid. Circumstances in the SRMA have not
changed since then.
The BLM has placed the EA, the decision record, the finding of no
significant impact, and the DNA on file in the BLM administrative
record at the address specified in the ADDRESSES section.
Regulatory Flexibility Act
This final supplementary rule will not have a significant economic
effect on a substantial number of small entities under the Regulatory
Flexibility Act (RFA) of 1980, 5 U.S.C. 601, et seq. Congress enacted
the RFA to ensure that Government regulations do not unnecessarily or
disproportionately burden small entities. The RFA requires a regulatory
flexibility analysis if a rule would have a significant economic
impact, either detrimental or beneficial, on a substantial number of
small entities. The supplementary rule does not pertain specifically to
commercial, not-for-profit, or governmental entities of any size, but
to public consumption of alcoholic beverages on specific public lands.
Small Business Regulatory Enforcement Fairness Act
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. This rule:
(a) Does not have an annual effect on the economy of $100 million
or more;
(b) Will not cause a major increase in costs or prices for
consumers; individual industries; Federal, State, or local Government
agencies; or geographic regions; and
(c) Does not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S.-based enterprises to compete with foreign-based enterprises.
Unfunded Mandates Reform Act
This supplementary rule does not impose an unfunded mandate on
State, local, or Tribal Governments of more than $100 million per year;
nor does it have a significant or unique effect on State, local, or
Tribal Governments or the private sector. This supplementary rule does
not impose requirements on State, local, or Tribal Governments. A
statement containing the information required by the Unfunded Mandates
Reform Act, 2 U.S.C. 1531 et seq., is not required.
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 et seq.
Executive Order 12630, Governmental Actions and Interference With
Constitutionally Protected Property Rights (Takings)
This rule does not affect a taking of private property or otherwise
have takings implications under E.O. 12630. This supplementary rule is
not a Government action capable of interfering with constitutionally
protected property rights. This supplementary rule does not address
property rights in any form and does not cause the impairment of any
private property rights. A takings implication assessment is not
required.
[[Page 69206]]
Executive Order 13132, Federalism
Under the criteria in section 1 of E.O. 13132, this rule does not
have sufficient federalism implications to warrant the preparation of a
federalism summary impact statement. 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. A
federalism summary impact statement is not required.
Executive Order 12988, Civil Justice Reform
This rule complies with the requirements of E.O. 12988.
Specifically, the following rule:
(a) Meets the criteria of section 3(a) requiring that all
regulations be reviewed to eliminate errors and ambiguity and be
written to minimize litigation; and
(b) Meets the criteria of section 3(b)(2) requiring that all
regulations be written in clear language and contain clear legal
standards.
Executive Order 13175, Consultation and Coordination With Indian Tribal
Governments
The Department of the Interior strives to strengthen its
Government-to-Government relationship with Indian Tribes through a
commitment to consultation with Indian Tribes and recognition of their
right to self-governance and Tribal sovereignty. We have evaluated this
rule under the Department's consultation policy and under the criteria
in E.O. 13175 and have determined that it has no substantial direct
effects on federally recognized Indian Tribes and that consultation
under the Department's Tribal consultation policy is not required.
Effects on the Energy Supply (E.O. 13211)
This rule is not a significant energy action under the definition
in E.O. 13211. A Statement of Energy Effects is not required.
IV. Final Supplementary Rule
Author
The principal author of this supplementary rule is Cheryl Adcock,
Field Manager for the Siuslaw Field Office, Oregon/Washington.
For the reasons stated in the preamble, and under authority for
supplementary rules at 43 U.S.C. 1740 and 43 CFR 8365.1-6, the BLM
Oregon/Washington State Director establishes a supplementary rule for
public lands administered by the BLM in Oregon/Washington, to read as
follows:
Final Supplementary Rule for Public Lands in the Lower Lake Creek Falls
Special Recreation Management Area, Lane County, OR
Definitions
Alcoholic beverage uses the definition set forth in 2017 ORS
471.001(1).
Prohibited Acts
No person may consume, possess, or furnish alcoholic beverages
within the boundaries of the Lower Lake Creek Falls SRMA, including,
but not limited to, the parking lot, day-use area and surrounding
hillside, Lower Lake Creek Falls swimming area, and pathways leading to
the swimming area and falls site. Prohibited acts under this provision
also include the consumption, possession, and furnishing of any
alcoholic beverage within motor vehicles, tents, or other structures.
Exemptions
No persons, agencies, municipalities, or companies are exempt from
the supplementary rule unless specifically authorized in writing by the
BLM.
Penalties
Any person who violates this supplementary 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. 1733(a) and 43 CFR
8360.0-7, or both. In accordance with 43 CFR 8365.1-7, State or local
officials also impose penalties for violations of Oregon law.
Barry R. Bushue,
Bureau of Land Management, State Director, Oregon/Washington.
[FR Doc. 2022-25015 Filed 11-17-22; 8:45 am]
BILLING CODE 4310-33-P
