[Federal Register Volume 73, Number 201 (Thursday, October 16, 2008)]
[Notices]
[Pages 61437-61439]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-24580]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLAZG01000 L12320000 AL0000 LVRDAZ020000]
Proposed Supplementary Rules for the Hot Well Dunes Recreation
Area, Public Lands Administered by the Bureau of Land Management Gila
District and Safford Field Office, Graham County, AZ
AGENCY: Bureau of Land Management, Interior.
ACTION: Proposed Supplementary Rules.
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SUMMARY: The Bureau of Land Management (BLM) is proposing new
supplementary rules for the Hot Well Dunes (HWD) Recreation Area,
public lands managed by the Gila District and Safford Field Office in
Graham County, Arizona. The rules relate to the health and safety of
public land users and protection of natural resources. These
supplementary rules will be enforced by BLM law enforcement rangers
within the HWD Recreation Area.
Proposed rules address vehicle rider capacity, clinging to or being
towed by a vehicle, safety flags, vehicle use, public nudity, firearms,
pets, speed limit, camping, waste disposal, and length of stay. All
current supplementary rules will be rescinded and replaced by these
revised rules for the HWD Recreation Area.
DATES: We invite comments until December 15, 2008. In developing final
rules, the BLM may not consider comments postmarked or received after
this date.
ADDRESSES: Written comments may be sent to the following address via
regular mail or other delivery service: Bureau of Land Management,
Safford Field Office, 711 14th Avenue, Safford, Arizona 85546. Comments
may also be submitted via e-mail to [email protected] or faxed to
928-348-4450. You may access the Federal eRulemaking Portal at http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Scott Cooke, Field Manager, or Larry
Ramirez, Law Enforcement Ranger, Bureau of Land Management, Safford
Field Office, 711 14th Avenue, Safford, Arizona 85546, telephone 928-
348-4400.
SUPPLEMENTARY INFORMATION:
I. Comment Procedures
II. Background and Purpose
III. Discussion of Supplementary Rules
IV. Procedural Matters
I. Comment Procedures
Written comments on the proposed supplementary rules should be
specific, confined to issues pertinent to the proposed supplementary
rules, and should explain the reason for any recommended change. Where
possible, comments should reference the specific section or paragraph
of the rules that the comment is addressing. You may also access and
comment on the proposed supplementary rules at the Federal eRulemaking
Portal by following the instructions at that site (see ADDRESSES). The
BLM need not consider or include in the Administrative Record for the
final supplementary rules: (a) Comments that the BLM receives after the
close of the comment period (see DATES), unless they are postmarked or
electronically dated before the deadline, or (b) comments delivered to
an address other than those listed above (see ADDRESSES).
Before including your address, phone number, e-mail address, or
other personal identifying information in your comment, be advised that
your entire comment--including your personal identifying information--
may be made publicly available at the Safford Field Office, 711 14th
Avenue, Safford, Arizona 85546, during regular business hours (8 a.m.
to 4 p.m.), Monday through Friday, except Federal holidays. While you
can ask us in your comment to withhold from public review your personal
identifying information, we cannot guarantee that we will be able to do
so. The BLM will make available for public inspection in their entirety
all submissions from organizations, businesses, and government
agencies, or from individuals identifying themselves as representatives
or officials of such entities.
II. Background and Purpose
These proposed supplementary rules apply to the designated HWD
Recreation Area, public lands administered by the Gila District and
Safford Field Office. Due to increases in visitation at the HWD, the
nature of the terrain and vegetation, and the types of vehicles in use,
the following rules are proposed to reduce threats to public health,
safety, and property.
These supplementary rules will allow the BLM to increase law
enforcement efforts that will help mitigate damage to natural resources
and provide for public health and safe public recreation.
III. Discussion of Supplementary Rules
The Gila District/Safford Field Office proposes to rescind all
prior supplementary rules for the HWD
[[Page 61438]]
Recreation Area and issue these new supplementary rules under the
Federal Land Policy and Management Act (FLPMA), Title 43 U.S.C. 1740
and Title 43 CFR 8365.1-6. The supplementary rules set forth
requirements and prohibited acts that are applicable within the HWD
Recreation Area, Graham County, Arizona.
IV. Procedural Matters
The principal author of the proposed supplementary rules is Larry
Ramirez, Gila District/Safford Field Office Law Enforcement Ranger for
the Bureau of Land Management.
Executive Order 12866, Regulatory Planning and Review
These proposed supplementary rules are not a significant regulatory
action and are not subject to review by the Office of Management and
Budget under Executive Order 12866. The proposed supplementary rules
will not have an annual effect of $100 million or more on the economy.
They are not intended to affect commercial activity, but impose rules
of conduct on recreational visitors for health protection reasons in a
limited area of the public lands. The supplementary rules will 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. The proposed supplementary
rules do not materially alter the budgetary effects of entitlements,
grants, user fees, or loan programs or the right or obligations of
their recipients, nor do they raise novel legal or policy issues. They
merely strive to protect human health, safety, and the environment.
Clarity of the Proposed Supplementary Rules
Executive Order 12866 requires each agency to write regulations
that are simple and easy to understand. We invite your comments on how
to make these proposed supplementary rules easier to understand,
including answers to questions such as the following:
(1) Are the requirements in the proposed supplementary rules
clearly stated?
(2) Do the proposed supplementary rules contain technical language
or jargon that interferes with their clarity?
(3) Does the format of the proposed supplementary rules (grouping
and order of sections, use of headings, paragraphing, etc.) aid or
reduce their clarity?
(4) Would the proposed supplementary rules be easier to understand
if they were divided into more (but shorter) sections?
(5) Is the description of the proposed supplementary rules in the
SUPPLEMENTARY INFORMATION section of this preamble helpful in
understanding the proposed supplementary rules? How could this
description be more helpful in making the proposed supplementary rules
easier to understand?
Please send any comments you may have on the clarity of the
proposed supplementary rules to one of the addresses specified in the
ADDRESSES section.
National Environmental Policy Act
The proposed supplementary rules do 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, Title 42 U.S.C. 4332(2)(C). This conclusion is set forth in a
Finding of No Significant Impact signed by the Field Manager and
supported by an Environmental Assessment.
Regulatory Flexibility Act
Congress enacted the Regulatory Flexibility Act (RFA) of 1980, as
amended, Title 5 U.S.C. 601-612, to ensure that government regulations
do not unnecessarily or disproportionately burden small entities. The
RFA requires a regulatory flexibility analysis if a rule would have a
significant economic impact, either detrimental or beneficial, on a
substantial number of small entities. The proposed supplementary rules
do not have a significant economic impact on entities of any size, but
provide for the protection of persons, property, and resources on
specific public lands. Therefore, the BLM has determined under the RFA
that the proposed supplementary rules would not have a significant
economic impact on a substantial number of small entities.
Small Business Regulatory Enforcement Fairness Act
These proposed supplementary rules do not constitute a ``major
rule'' as defined at Title 5 U.S.C. 804(2). The proposed supplementary
rules merely contain rules of conduct for recreational use of certain
public lands. The proposed supplementary rules would have little or no
effect on the economy.
Unfunded Mandates Reform Act
The proposed supplementary rules do not impose an unfunded mandate
on State, local, or tribal governments in the aggregate, or the private
sector, of more than $100 million per year; nor would they have a
significant or unique effect on small governments. These proposed
supplementary rules do not require anything of State, local, or tribal
governments. Therefore, the BLM is not required to prepare a statement
containing the information required by section 202 of the Unfunded
Mandates Reform Act (Title 2 U.S.C. 1532).
Executive Order 12630, Governmental Actions and Interference With
Constitutionally Protected Property Rights (Takings)
The proposed supplementary rules are not a government action
capable of interfering with constitutionally protected property rights.
The proposed supplementary rules do not address property rights or
cause the impairment of anybody's property rights. Therefore, the BLM
has determined that these proposed supplementary rules would not cause
a ``taking'' of private property or require further discussion of
``takings'' implications under this Executive Order.
Executive Order 13132, Federalism
The proposed supplementary rules will not have substantial direct
effects 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 proposed
supplementary rules apply to a limited area of land in only one State,
Arizona. Therefore, the BLM has determined that the proposed
supplementary rules do not have sufficient Federalism implications to
warrant preparation of a Federalism assessment.
Executive Order 12988, Civil Justice Reform
Under Executive Order 12988, we have determined that the proposed
supplementary rules will not unduly burden the judicial system and that
the requirements of sections 3(a) and 3(b)(2) of the Order are met. The
supplementary rules contain rules of conduct for recreational use of
certain public lands to protect human health and the environment.
Executive Order 13175, Consultation and Coordination With Indian Tribal
Governments
In accordance with Executive Order 13175, the BLM has found that
these proposed supplementary rules do not include policies that have
tribal implications. The proposed supplementary rules do not affect
lands held for the benefit of Indians, Aleuts, or Eskimos.
[[Page 61439]]
Paperwork Reduction Act
These proposed supplementary rules do not contain information
collection requirements that the Office of Management and Budget must
approve under the Paperwork Reduction Act, Title 44 U.S.C. 3501 et seq.
Supplementary Rules for the Hot Well Dunes Recreation Area, Graham
County, Arizona
1. Vehicle Rider Capacity
A person operating an off-road vehicle within the HWD Recreation
Area shall ride only on the permanent, regular seat attached to the
off-road vehicle. The operator of an off-road vehicle shall not carry
any additional person(s) on an off-road vehicle unless the vehicle is
designed and manufactured to carry such additional person(s). No person
shall ride an off-road vehicle unless the vehicle is designed and
manufactured to carry that person.
2. Clinging to or Being Towed by a Vehicle
No person operating an off-road vehicle within the HWD Recreation
Area shall attach the off-road vehicle to any object or person and tow
such object or person. No person shall cling to, or be towed by, an
off-road vehicle.
3. Safety Flags
Safety flags are required on all off-road vehicles used within the
HWD Recreation Area. An exception to this requirement is made for
Recreation Vehicles (RVs), Sport Utility Vehicles (SUVs), pickup
trucks, and passenger sedans. Safety flags must be brilliant orange or
red in color, and at least six (6) inches by 12 inches in size. Masts
must be securely mounted on the off-road vehicle and extend eight (8)
feet from the ground to the mast tip. Safety flags must be firmly
attached to the top portion of a mast.
4. Vehicle Use
No off-road vehicle within the HWD Recreation Area will be allowed
within areas enclosed by the metal, tube railings there or where signed
as prohibited.
5. Nudity
Public nudity within the HWD Recreation Area and, in particular, in
the hot tubs there, is prohibited.
6. Firearms and Archery
Archery and the discharge of firearms or other weapons, including
pneumatic and spring-loaded BB guns and pellet guns, are prohibited
within the HWD Recreation Area.
7. Pets
Pets must be leashed or otherwise physically restricted at all
times within the HWD Recreation Area.
8. Speed Limit
The speed limit for off-road vehicles within the HWD Recreation
Area is 10 miles per hour on the main access road and within 50 feet on
either side of the main access road. The speed limit is also 10 miles
per hour within 50 feet of a campsite or any concentration of three (3)
or more people. Operating an off-road vehicle above this speed is
prohibited.
9. Camping
Camping within the HWD Recreation Area is not allowed within the
designated parking area; within areas enclosed by metal, tube railings;
or where signed as prohibited.
10. Waste Disposal
Dumping of sewage or gray water is prohibited within the HWD
Recreation Area.
11. Length of Stay
To ensure that everyone has an opportunity to enjoy the area,
camping is limited to 14 days within any 28-day period.
Penalties
Under the Federal Land Policy and Management Act of 1976 (Title 43
U.S.C. 1733(a)), 43 CFR 8365.1-6, and 43 CFR 8360.0-7, persons who
violate any of these supplementary rules are subject to arrest and,
upon conviction, may be fined up to $1,000 and/or imprisoned for not
more than 12 months, and may be subject to the enhanced penalties under
Title 18 U.S.C. 3571.
Dated: October 8, 2008.
Helen M. Hankins,
Acting Arizona State Director.
[FR Doc. E8-24580 Filed 10-15-08; 8:45 am]
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