[Federal Register: September 24, 2008 (Volume 73, Number 186)]
[Rules and Regulations]
[Page 54977-54981]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24se08-14]
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DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
43 CFR Part 423
RIN 1006-AA55
Public Conduct on Bureau of Reclamation Facilities, Lands, and
Waterbodies
AGENCY: Bureau of Reclamation, Interior.
ACTION: Interim final rule.
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SUMMARY: This final rule will amend the regulations that govern public
access to and conduct on Bureau of Reclamation (Reclamation)
facilities, lands, and waterbodies. This action is necessary to clarify
rules that are intended to maintain law and order and protect persons
and property on Reclamation facilities, lands, and waterbodies. This
action will help the public better understand their rights and
responsibilities.
DATES: This interim final rule is effective on September 24, 2008.
Reclamation must receive any comments on this interim final rulemaking
no later than November 24, 2008.
ADDRESSES: You may submit comments, identified by the number 1006-AA55,
by one of the following methods:
--Federal Rulemaking Portal: http://www.regulations.gov. Follow the
instructions for submitting comments. This rule has been assigned
Docket Identification Number BOR-2008-0003.
--Mail: Director, Security, Safety, and Law Enforcement, Bureau of
Reclamation, 6th and Kipling, Building 67, Denver, CO 80225.
FOR FURTHER INFORMATION CONTACT: David Achterberg, Director, Security,
Safety, and Law Enforcement, Bureau of Reclamation, PO Box 25007,
Denver, Colorado 80225, telephone 303-445-3737.
SUPPLEMENTARY INFORMATION:
I. Background
On November 12, 2001, Congress enacted Public Law 107-69, which
provides for law enforcement authority within Reclamation projects and
on Reclamation lands. Section 1(a) of this law requires the Secretary
of the Interior to ``issue regulations necessary to maintain law and
order and protect persons and property within Reclamation projects and
on Reclamation lands.'' The Secretary of the Interior delegated this
authority to the Commissioner of Reclamation.
On April 17, 2002, Reclamation published 43 CFR part 423, Public
Conduct on Bureau of Reclamation Lands and Projects (67 FR 19092, Apr.
17, 2002) as an interim final rule. In the preamble to that rule,
Reclamation stated its intent to replace the interim final rule with a
more comprehensive public conduct rule and set April 17, 2003, as the
interim final rule's expiration date. In order to provide more time to
develop the comprehensive public conduct rule, Reclamation later
extended the expiration of the interim final rule to April 17, 2005 (68
FR 16214, Apr. 3, 2003), and again to April 17, 2006 (70 FR 15778, Mar.
29, 2005).
On September 13, 2005, Reclamation published a proposed public
conduct rule (70 FR 54214, Sep. 13, 2005) and asked the public to
comment on that proposed rule. The Final Rule, 43 CFR Part 423, was
published in the Federal Register on April 17, 2006 (71 FR 19790, Apr.
17, 2006).
Since that time, some members of the public and other entities have
found certain provisions of the public conduct rule to be unclear. The
purpose of this interim final rule is to amend the public conduct rule
to clarify these provisions. A detailed discussion of these amendments
follows.
The definitions of the terms ``Disorderly conduct'' and
``Trespass'' are being removed, and the language from those definitions
is being added to Sec. Sec. 423.22 and 423.24, respectively, because
these are criminal acts and their detailed descriptions should be
explained in the applicable sections of Subpart C of this rule. This
change will facilitate reference to specific acts when law enforcement
officers issue citations for disorderly conduct and trespassing.
The definition of ``Vessel'' is being revised to remove the
statement that seaplanes, when on the water, are considered ``vessels''
under this part. This change will make Reclamation consistent with the
U.S. Coast Guard and the majority of western States, which do not
consider a seaplane a vessel when on the water.
A definition of the term ``Closed'' is being added to help resolve
confusion concerning the use of closures under Subpart B as opposed to
special use areas under Subpart E of this rule. This definition will
clarify the distinction that closures are to be used only when all
public access to a particular area or location is to be prohibited.
When only a specific activity such as camping is to be prohibited in a
certain area, but other public access to that area is to be allowed, a
special use area should be established.
Section 423.3(a) is being revised to clarify that persons on
Reclamation facilities, lands, and waterbodies must comply with Federal
as well as State and local laws.
Section 423.3(b)(2) is being revised to clarify that the
restrictions of part 423 do not apply to State and local employees and
agents when they are carrying out their official duties.
In section 423.3(d), we are replacing the word ``right'' with
``authority'' because this passage refers to an authority which derives
from Public Law 107-69.
New Sec. 423.18 is being added to coincide with the new definition
of closure, and to clarify that closures are to be used only where all
public access is to be prohibited in a given area.
Section 423.21(a) is being revised to clarify that the public is
responsible for awareness of all applicable laws as well as closures
and special use areas when on Reclamation facilities, lands, and
waterbodies.
In Sec. 423.21(b), the words ``limitations, restrictions,
closures, or special use areas'' are being added to ensure public
understanding that the government's ability to issue citations must not
be interpreted too narrowly.
Section 423.29(b) is being revised to clarify that Reclamation will
not issue permits under Subpart D of this rule to introduce plant or
animal species into Reclamation lands and waterbodies. Governmental
entities may, with proper authority, introduce plant or animal species
to Reclamation lands and waterbodies, but these activities are not
restricted by part 423, pursuant to Sec. 423.3(b)(3), and therefore no
permits are needed. Furthermore, Reclamation has no intent to issue
permits to the public for the introduction of plant or animal species.
Therefore, the process of obtaining permits for these activities is
inapplicable to either governmental entities or to the public.
Section 423.34(c) is being reworded to clarify that under no
circumstances can a latrine or toilet be placed or constructed at a
level lower than the high water mark of a Reclamation waterbody, and to
reduce the horizontal restriction from 200 yards to 150 feet from the
high water mark. The 200-yard restriction was considered excessive.
Sections 423.36 and 423.37 are being revised to clarify that posted
restrictions
[[Page 54978]]
and delineations on swimming and winter activities must be observed.
Section 423.38(h) is being removed because commercial activity on
Reclamation facilities, lands, and waterbodies is more appropriately
governed by 43 CFR part 429.
Several revisions are being made to Sec. 423.41. First, Sec.
423.41(a) is being revised to clarify that part 423 is not intended to
establish new prohibitions, restrictions, or allowances of aircraft
activity on Reclamation lands or waterbodies. Rather, any rules
concerning aircraft activity that were in place on April 17, 2006, when
major revisions to part 423 went into effect, remain in effect as
provided in Sec. 423.64 (renumbered through this rulemaking as Sec.
423.63). The revised language of Sec. 423.41(a) also clarifies the
ability of Authorized Officials to establish special use areas under
Subpart E of part 423 to allow, restrict, or prohibit aircraft. Pilots
and others should be cautioned that this amendment does not have the
effect of changing the status of any Reclamation lands or waterbodies
with respect to the allowance, restriction, or disallowance of aircraft
activity. Rather, the change is being made to resolve confusion that
resulted from the existing language of Sec. 423.41(a). Pilots are
still responsible for determining the laws, regulations, and local
rules applicable to specific Reclamation lands or waterbodies before
attempting landings or takeoffs.
Section 423.41(e) of the existing rule is being removed because we
have determined this provision is not necessary; any liability on
behalf of aircraft pilots, owners, or passengers is dictated by State
law.
In renumbered Sec. 423.41(e) [formerly Sec. 423.41(f)], the words
``and Sec. 423.38'' are being removed to clarify that seaplanes are
not considered vessels when on the water. This change coincides with
the change to the definition of ``vessel'' as explained above.
Section 423.41(h) of the existing rule is being removed because
commercial activity on Reclamation facilities, lands, and waterbodies
is more appropriately governed by 43 CFR part 429.
Section 423.41(i) of the existing rule is being removed because
with the changes being made to Sec. 423.41(a), the allowable times for
aircraft landings and takeoffs are governed by other Federal, State,
and local laws.
Section 423.41(j) of the existing rule is being removed because
with the changes being made to Sec. 423.41(a), the language of section
(j) addressing compliance with restrictions established by an
Authorized Official is redundant.
Section 423.50(a) is being revised to coincide with the change made
to Sec. 423.29(b) and the deletion of Sec. 423.38(h) discussed above,
to the effect that permits under part 423 will not be issued for the
introduction of plants and animals, or for the commercial operation of
vessels. The language was also revised to clarify that permits may be
revoked to protect the health, safety, and security of persons,
Reclamation assets, or natural or cultural resources.
Subpart E, Special Use Areas, is being revised to make several
clarifications. First, the current provisions of Sec. 423.62 are being
merged into Sec. 423.60 to clarify that the requirements for
``determination'' and ``documentation'' are not two separate
activities.
Also, the current requirement in Sec. 423.61(b) for a Federal
Register notice in order to establish special use areas is being
removed. Although Reclamation believes that in some cases, Federal
Register notice of the establishment of, or changes to, special use
areas may be desirable, that need is best determined through internal
policy rather than a requirement in Federal regulations. This change
will also make the requirements for establishing special use areas more
consistent with the requirements for establishing closures under
Subpart B of this rule.
An Authorized Official's ability to quickly establish a special use
area under the current Sec. 423.61(c) is being expanded to allow
creation of special use areas with delayed notice in cases of safety
and environmental needs, in addition to the existing specified
conditions related to national, facility, employee, and public
security.
Section 423.61(d) is being revised to clarify that if the four
specified conditions are met, advance notice of the designation of a
special use area is not required. The existing language implied that no
notice was required, but Reclamation believes the public should always
be notified of the existence of special use areas. Note that
satisfaction of the four conditions specified in Sec. 423.61(d)
removes the requirement for advance notice, meaning that notice may
occur at any time up until the time the special use area is designated.
This contrasts with the conditions of emergency or immediate need
described in Sec. 423.61(c) under which notice may be delayed for up
to 30 days after the special use area is designated.
Section 423.63 (formerly Sec. 423.64) is being revised to clarify
that rules that were already in effect on April 17, 2006 remain in
effect to the extent allowed by Subpart A of part 423, and to the
extent they are they are consistent with Sec. 423.28. Reclamation
wants to remind the public that the effect of Sec. 423.63 is to
recognize the validity of rules that that were already in effect on
Reclamation facilities, lands, and waterbodies on April 17, 2006, the
date major revisions to part 423 were implemented. Documented
allowances, restrictions, and/or prohibitions that were in effect on
that date generally remain in effect and are generally not removed or
superseded by the rules contained in Subpart C of part 423. Reclamation
encourages all parties to contact us with any questions concerning the
rules that apply on Reclamation facilities, lands, and waterbodies.
Section 423.71(b) is being revised to clarify that the described
sanctions apply to violations of closures as well as to the other types
of violations described.
While each of the individual changes being made to part 423 is
insufficient by itself to justify amending the rule, the total number
of needed changes now warrants this amendatory rulemaking.
II. Determination To Make This Rule Effective Immediately
Reclamation has determined that it is in the public interest to
clarify and resolve the issues addressed in these amendments without
delay. Members of the public have asked for a speedy implementation of
regulations that will assist them to better understand their rights and
obligations on Reclamation lands and waterbodies. Delay would result in
unnecessary uncertainty. For these reasons, Reclamation has determined
that for this rulemaking, notice and public procedure requirements are
impractical, unnecessary, and contrary to the public interest and
should be waived as allowed by 5 U.S.C. 553(b)(3)(B). Furthermore, for
the reasons stated above, Reclamation has determined that good cause
exists to waive the requirement of publication 30 days in advance of
the effective date, as allowed by 5 U.S.C. 553(d)(3).
Therefore, we are issuing these amendments as an interim final rule
that will go into effect immediately. Following a 60-day public review
period and our review of any public comments received, Reclamation
expects to publish a final rule.
III. Procedural Matters
1. Regulatory Planning and Review (E.O. 12866)
This document is not a significant rule and is not subject to
review by the Office of Management and Budget under
[[Page 54979]]
Executive Order 12866. This rule makes only minor amendments to the
existing 43 CFR part 423 for purposes of clarification.
(1) This rule will not have an effect of $100 million or more on
the economy. It will 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.
(2) This rule will not create a serious inconsistency or otherwise
interfere with an action taken or planned by another agency.
(3) This rule does not alter the budgetary effects or entitlements,
grants, user fees, or loan programs or the rights or obligations of
their recipients.
(4) This rule does not raise novel legal or policy issues.
2. Regulatory Flexibility Act
The Department of the Interior certifies that this document will
not have a significant economic effect on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
This rule makes only minor amendments to the existing 43 CFR part 423
for purposes of clarification.
3. Small Business Regulatory Enforcement Fairness Act (SBREFA)
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. This rule makes only
minor amendments to the existing 43 CFR part 423 for purposes of
clarification.
The rule:
(1) Does not have an annual effect on the economy of $100 million
or more.
(2) Will not cause a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions.
(3) 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.
4. Unfunded Mandates Reform Act
This rule does not impose an unfunded mandate on State, local, or
tribal governments or the private sector of more than $100 million per
year. This rule does not have a significant or unique effect on State,
local, or tribal governments or the private sector. This rule makes
only minor amendments to the existing 43 CFR part 423 for purposes of
clarification. A statement containing the information required by the
Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.) is not required.
5. Takings (E.O. 12630)
In accordance with Executive Order 12630, this rule does not have
significant takings implications. This rule makes only minor amendments
to the existing 43 CFR part 423 for purposes of clarification. A
takings implication assessment is not required.
6. Federalism (E.O. 13132)
In accordance with Executive Order 12612, this rule does not have
sufficient federalism implications to warrant the preparation of a
Federalism Assessment. This rule makes only minor amendments to the
existing 43 CFR part 423 for purposes of clarification. A Federalism
Assessment is not required.
7. Civil Justice Reform (E.O. 12988)
In accordance with Executive Order 12988, the Office of the
Solicitor has determined that this rule does not unduly burden the
judicial system and meets the requirements of sections 3(a) and 3(b)(2)
of the Order.
8. Consultation With Indian Tribes (E.O. 13175)
Under the criteria in Executive Order 13175, we have evaluated this
rule and determined that it has no potential effects on federally
recognized Indian tribes. This rule recognizes tribal authorities,
laws, and regulations but does not affect them.
9. Paperwork Reduction Act
This regulation does not require an information collection from 10
or more parties and a submission under the Paperwork Reduction Act is
not required. An OMB form 83-I is not required.
10. National Environmental Policy Act (NEPA)
This rule does not constitute a major Federal action significantly
affecting the quality of the human environment. A detailed statement
under the National Environmental Policy Act of 1969 is not required.
11. Information Quality Act
In developing this rule we did not conduct or use a study,
experiment, or survey requiring peer review under the Information
Quality Act (Pub. L. 106-554).
12. Effects on the Energy Supply (E.O. 13211)
This rule is not a significant energy action under the definition
of Executive Order 13211. A Statement of Energy Effects is not
required.
13. Clarity of This Regulation
We are required by E.O. 12866 and 12988, and by the Presidential
Memorandum of June 1, 1998, to write all rules in plain language. This
means each rule we publish must:
(a) Be logically organized;
(b) Use the active voice to address readers directly;
(c) Use clear language rather than jargon;
(d) Be divided into short sections and sentences; and
(e) Use lists and tables wherever possible.
If you believe we have not met these requirements, please send
comments to Reclamation as instructed in the ADDRESSES section. Please
make your comments as specific as possible, referring to specific
sections and how they could be improved. For example, you should tell
us the numbers of the sections or paragraphs that are unclearly
written, which sections or sentences are too long, the sections where
you believe lists or tables would be useful, etc.
14. Public Availability of Comments
Before including your name, address, phone number, e-mail 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.
List of Subjects in 43 CFR Part 423
Law enforcement, Public conduct, Reclamation lands, and Reclamation
projects.
Dated: September 10, 2008.
Timothy R. Petty,
Acting Assistant Secretary for Water and Science.
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For the reasons stated in the preamble, Reclamation amends 43 CFR part
423 as follows:
PART 423--PUBLIC CONDUCT ON BUREAU OF RECLAMATION FACILITIES,
LANDS, AND WATERBODIES
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1. The authority citation for part 423 continues to read as follows:
Authority: Public Law 107-69 (November 12, 2001) (Law
Enforcement Authority) (43 U.S.C. 373b and 373c); Public Law 102-
575, Title XXVIII (October 30, 1992) (16 U.S.C. 460l-31 through 34);
Public Law 89-72 (July 9, 1965) (16 U.S.C. 460l-12); Public Law 106-
206 (May 26, 2000) (16 U.S.C. 460l-6d); Public Law 59-209 (June 8,
1906) (16 U.S.C.
[[Page 54980]]
431-433); Public Law 96-95 (October 31, 1979) (16 U.S.C. 470aa-mm).
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2. Amend Sec. 423.2 as follows:
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a. Remove the definitions of ``Disorderly conduct'' and ``Trespass.''
0
b. Remove from the definition of ``Vessel'' the words ``A seaplane on
Reclamation waters is considered a vessel for the purposes of Sec.
423.38 of this part.''
0
c. Add the definition of ``Closed'' in alphabetical order, to read as
follows:
Sec. 423.2 Definitions of terms used in this part.
* * * * *
``Closed means a prohibition to all public access.''
* * * * *
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3. Amend Sec. 423.3 by revising paragraphs (a) introductory text,
(b)(2), and the last sentence of paragraph (d) to read as follows:
Sec. 423.3 When does this part apply?
(a) This part and all applicable Federal, State, and local laws
apply to all persons on Reclamation facilities, lands, and waterbodies,
with the following exceptions:
* * * * *
(b) * * *
(1) * * *
(2) An employee or agent of the Federal, State, or local government
when the employee or agent is carrying out official duties; or
* * * * *
(d) * * * However, Reclamation retains the authority to take
necessary actions to safeguard the security and safety of the public
and such Reclamation facilities, lands and waterbodies.
* * * * *
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4. Add Sec. 423.18 to read as follows:
Sec. 423.18 Use of closures.
Closures are to be used only where all public access is to be
prohibited. Special use areas are to be used to restrict specific
activities as set forth in Subpart E of this part 423.
0
5. Amend Sec. 423.21 by revising paragraphs (a) and (b) to read as
follows:
Sec. 423.21 Responsibilities.
(a) You are responsible for finding, being aware of, and obeying
all applicable laws and regulations, as well as notices and postings of
closed and special use areas established by an authorized official
under Subpart B and Subpart E of this part 423.
(b) You are responsible for the use of any device, vehicle, vessel,
or aircraft you own, lease, or operate on Reclamation facilities,
lands, or waterbodies. You may be issued a citation for a violation of
regulations, including non-compliance with limitations, restrictions,
closures, or special use areas applicable to the use of any device,
vehicle, vessel, or aircraft as provided in this part as the owner,
lessee, or operator.
* * * * *
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6. Amend Sec. 423.22 by revising paragraph (e) to read as follows:
Sec. 423.22 Interference with agency functions and disorderly
conduct.
* * * * *
(e) The following acts constitute disorderly conduct and are
prohibited:
(1) Fighting, or threatening or violent behavior;
(2) Language, utterance, gesture, display, or act that is obscene,
physically threatening or menacing, or that is likely to inflict injury
or incite an immediate breach of the peace;
(3) Unreasonable noise, considering the nature and purpose of the
person's conduct, location, time of day or night, and other factors
that would govern the conduct of a reasonably prudent person under the
circumstances;
(4) Creating or maintaining a hazardous or physically offensive
condition; or
(5) Any other act or activity that may cause or create public
alarm, nuisance, or bodily harm.
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7. Revise Sec. 423.24 to read as follows:
Sec. 423.24 Trespassing.
You must not trespass on Reclamation facilities, lands, and
waterbodies. Trespass includes any of the following acts:
(a) Unauthorized possession or occupancy of Reclamation facilities,
lands, or waterbodies;
(b) Personal entry, presence, or occupancy on or in any portion or
area of Reclamation facilities, lands, or waterbodies that have been
closed to public use pursuant to Subpart B of this part 423;
(c) Unauthorized extraction or disturbance of natural or cultural
resources located on Reclamation facilities, lands, or waterbodies;
(d) Unauthorized conduct of commercial activities on Reclamation
facilities, lands, or waterbodies;
(e) Holding unauthorized public gatherings on Reclamation
facilities, lands, or waterbodies; or
(f) Unauthorized dumping or abandonment of personal property on
Reclamation facilities, lands, or waterbodies.
Sec. 423.29 [Amended]
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8. In Sec. 423.29(b) remove the words ``without a permit issued
pursuant to Subpart D of this part 423''.
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9. Amend Sec. 423.34 by revising paragraph (c) to read as follows:
Sec. 423.34 Sanitation.
* * * * *
(c) You must not place or construct a toilet or latrine such that
its lowest point is lower than the high water mark of any Reclamation
waterbody, or within 150 feet horizontally of the high water mark of
any Reclamation waterbody.
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10. Amend Sec. 423.36 by revising paragraphs (a)(3) and (a)(4) and by
adding a new paragraph (a)(5) to read as follows:
Sec. 423.36 Swimming.
(a) * * *
(3) In canals, laterals, siphons, tunnels, and drainage works;
(4) At public docks, launching sites, and designated mooring areas;
or
(5) As otherwise delineated by signs or other markers.
* * * * *
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11. Amend Sec. 423.37 by adding paragraph (c) to read as follows:
Sec. 423.37 Winter activities.
* * * * *
(c) You must comply with all other posted restrictions.
Sec. 423.38 [Amended]
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12. Amend Sec. 423.38 by removing paragraph (h) and redesignate
paragraphs (i) through (l) as (h) through (k), respectively.
0
13. Revise Sec. 423.41 to read as follows:
Sec. 423.41 Aircraft.
(a) You must comply with any applicable Federal, State, and local
laws, and with any additional requirements or restrictions established
by an authorized official in a special use area under Subpart E of this
part 423, with respect to aircraft landings, takeoffs, and operation on
or in the proximity of Reclamation facilities, lands, and waterbodies.
Pilots are responsible for awareness of all applicable laws,
regulations, requirements, and restrictions. This paragraph does not
apply to pilots engaged in emergency rescue or in the official business
of Federal, State, or local governments or law enforcement agencies, or
who are forced to land due to circumstances beyond the pilot's control.
(b) You must not operate any aircraft while on or above Reclamation
[[Page 54981]]
facilities, lands, and waterbodies in a careless, negligent, or
reckless manner so as to endanger any person, property, or natural
feature.
(c) This section does not provide authority to deviate from Federal
or state regulations, or prescribed standards, including, but not
limited to, regulations and standards concerning pilot certifications
or ratings and airspace requirements.
(d) Except in extreme emergencies threatening human life or serious
property loss, you must not use non-standard boarding and loading
procedures to deliver or retrieve people, material, or equipment by
parachute, balloon, helicopter, or other aircraft.
(e) You must comply with all applicable U.S. Coast Guard rules when
operating a seaplane on Reclamation waterbodies.
(f) You must securely moor any seaplane remaining on Reclamation
waterbodies in excess of 24 hours at mooring facilities and locations
designated by an authorized official. Seaplanes may be moored for
periods of less than 24 hours on Reclamation waterbodies, except in
special use areas otherwise designated by an authorized official,
provided:
(1) The mooring is safe, secure, and accomplished so as not to
damage the rights of the Government or the safety of persons; and
(2) The operator remains in the vicinity of the seaplane and
reasonably available to relocate the seaplane if necessary.
(g) You must not operate model aircraft except as allowed in
special use areas established by an authorized official under subpart E
of this part 423.
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14. Amend Sec. 423.50 by revising paragraph (a) to read as follows:
Sec. 423.50 How can I obtain permission for prohibited or restricted
uses and activities?
(a) Authorized officials may issue permits to authorize activities
on Reclamation facilities, lands, or waterbodies otherwise prohibited
or restricted by Sec. Sec. 423.16(a)(3), 423.26, 423.27, 423.29(f),
423.30(c), 423.33(d), and 423.35(d)(1), and may terminate or revoke
such permits for non-use, non-compliance with the terms of the permit,
violation of any applicable law, or to protect the health, safety, or
security of persons, Reclamation assets, or natural or cultural
resources.
* * * * *
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15. Amend Sec. 423.60 by adding paragraph (c) to read as follows:
Sec. 423.60 How special use areas are designated.
* * * * *
(c) An authorized official establishing a special use area must
document in writing the determination described in paragraph (b) of
this section. Such documentation must occur before the action, except
in emergencies or situations of immediate need as described in Sec.
423.61(c), in which case the documentation is required within 30 days
after the date of the action. Reclamation will make documents produced
under this section available to the public upon request except where
such disclosure could compromise national or facility security, or
human safety.
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16. Amend Sec. 423.61 by revising paragraph (b) introductory text,
paragraphs (c)(1) and (c)(3), and paragraph (d) introductory text to
read as follows:
Sec. 423.61 Notifying the public of special use areas.
* * * * *
(b) How notice must be made. Reclamation must notify the public at
least 15 days before the action takes place by one or more of the
following methods:
* * * * *
(c) * * *
(1) Notice under this section may be delayed in an emergency or
situation of immediate need where delaying designation, revision, or
termination of a special use area would result in significant risk to:
(i) National security;
(ii) The safety or security of a Reclamation facility, Reclamation
employees, or the public; or
(iii) The natural or cultural environment.
(2) * * *
(3) Failure to meet the notice deadlines in paragraphs (b) or
(c)(2) of this section will not invalidate an action, so long as
Reclamation meets the remaining notification requirements of this
section.
(d) When advance notice is not required. Advance notice as
described in paragraph (b) of this section is not required if all the
following conditions are met:
* * * * *
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17. Remove Sec. 423.62.
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18. Redesignate Sec. 423.63 and Sec. 423.64 as Sec. 423.62 and Sec.
423.63, respectively.
0
19. Revise Sec. 423.63 to read as follows:
Sec. 423.63 Existing special use areas.
Areas where rules were in effect on April 17, 2006 that differ from
the rules set forth in Subpart C are considered existing special use
areas, and such differing rules remain in effect to the extent allowed
by Subpart A, and to the extent they are consistent with Sec. 423.28.
For those existing special use areas, compliance with Sec. Sec. 423.60
through 423.62 is not required until the rules applicable in those
special use areas are modified or terminated.
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20. Amend Sec. 423.71 by revising paragraph (b) to read as follows:
Sec. 423.71 Sanctions.
* * * * *
(b) Any condition, limitation, closure, prohibition on uses or
activities, or public use limits, imposed under this part 423.
[FR Doc. E8-22423 Filed 9-23-08; 8:45 am]
BILLING CODE 4310-MN-P