[Federal Register: August 17, 2005 (Volume 70, Number 158)]
[Notices]
[Page 48438-48440]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17au05-105]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[WO-120-05-1630-PD]
Final Supplementary Rule for the Public Lands Administered by the
Bureau of Land Management, Arizona State Office, Relating to Possession
of Open Containers of Alcohol While Operating or Riding on/in Motor
Vehicles
AGENCY: Bureau of Land Management, Interior.
ACTION: Final supplementary rule.
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SUMMARY: The Bureau of Land Management (BLM) is publishing a final
supplementary rule to apply to the public lands administered by the
Arizona State Office. The final supplementary rule prohibits the
illegal use of alcohol on public lands. BLM needs the final
supplementary rule to protect natural resources and the health and
safety of public land users. The final supplementary rule will allow
BLM law enforcement officers to enforce a regulation prohibiting the
possession of open containers of alcohol while operating or riding on/
in motor vehicles on public lands in a manner consistent with current
Arizona State law and BLM California supplementary rules.
DATES: Effective August 17, 2005.
ADDRESSES: Suggestions and inquiries may be sent to Lyle Shaver,
Special Agent-in-Charge, Bureau of Land Management, Arizona State
Office, 222 N. Central Avenue, Phoenix, AZ 85004, (602) 417-9317.
FOR FURTHER INFORMATION CONTACT: Lyle Shaver, Special Agent-in-Charge,
BLM Arizona State Office, 222 N. Central Avenue, Phoenix, AZ 85004,
(602) 417-9317.
SUPPLEMENTARY INFORMATION:
I. Discussion of the Final Supplementary Rule
The final supplementary rule will apply to all public lands
administered by BLM's Arizona State Office, i.e., all public lands in
Arizona. In keeping with BLM's performance goal to reduce threats to
public health and safety and property, the final supplementary rule is
necessary to protect the natural resources and to provide for safe
public recreation and public health. Alcohol-related offenses are a
growing problem on the public lands. Hundreds of people are injured
each year while operating or riding on/in motor vehicles on public
lands. A large percentage of these injury accidents are alcohol-
related. The final supplementary rule will provide BLM
[[Page 48439]]
with a tool to increase law enforcement efforts related to driving
under the influence and ultimately reduce the number of alcohol related
incidents and deaths.
A proposed supplementary rule was published in the Federal Register
on November 26, 2004, and no comments were received (69 FR 68974).
Therefore, BLM Arizona State Office is proceeding with the final
supplementary rule as proposed, with a minor editorial change in the
definition section for clarity. The definition section in the proposed
rule seemed to imply that some other provision might change the meaning
of defined terms. Since that is not the case, we removed the language
suggesting that possibility.
BLM finds good cause to make this supplementary rule effective the
date of publication. The supplementary rule is urgently needed for
protection of public safety and health, and is non-controversial, as
demonstrated by the absence of public comments on the proposed
supplementary rule. The absence of public comments supports a finding
of good cause because a delay in the effective date of this rule would
be unnecessary given the level of public interest.
II. Procedural Information
Executive Order 12866, Regulatory Planning and Review
This final supplementary rule is not a significant regulatory
action and is not subject to review by the Office of Management and
Budget under Executive Order 12866. The final supplementary rule will
not have an annual 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. It is directed at
preventing unlawful personal behavior on public lands for purposes of
protecting public health and safety.
The final supplementary rule will not create a serious
inconsistency or otherwise interfere with an action taken or planned by
another agency. The final supplementary rule will not materially alter
the budgetary effects of entitlements, grants, user fees or loan
programs or the rights or obligations of their recipients, and will not
raise novel legal or policy issues. The final supplementary rule will
merely enable BLM law enforcement personnel to enforce a regulation
pertaining to unlawful possession of an open container of alcohol on
public lands in a manner that mirrors current State of Arizona law and
BLM California supplementary rule.
Regulatory Flexibility Act
Congress enacted the Regulatory Flexibility Act of 1980, as
amended, 5 U.S.C. 601-612, (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 final supplementary rule will
protect the health and safety of individuals, property, and resources
on the public lands, including those connected to small businesses,
organizations, and governments, and will have no effect on legal
activities of these small entities. Therefore, BLM has determined under
the RFA that these rules would not have a significant economic impact
on a substantial number of small entities.
Small Business Regulatory Enforcement Fairness Act (SBREFA)
This final supplementary rule does not constitute a ``major rule''
as defined at 5 U.S.C. 804(2). Again, the final supplementary rule only
pertains to individuals who may be unlawfully using alcohol on the
public lands. The final rule will assist in the protection of the
public lands and those who use them, including small business
concessionaires and outfitters. The final supplementary rule will have
no effect on costs, prices, competition, or commercial use of the
public lands.
Unfunded Mandates Reform Act
This final supplementary rule will not impose an unfunded mandate
on State, local, or tribal governments, in the aggregate, or the
private sector of more than $100 million in any year; nor will this
final supplementary rule have significant or unique effects on small
governments. The final supplementary rule will be patterned on Arizona
State law and the BLM California supplementary rule. Therefore, BLM is
not required to prepare a statement containing the information required
by the Unfunded Mandates Reform Act at 2 U.S.C. 1532.
Executive Order 12630, Governmental Action and Interference With
Constitutionally Protected Property Rights (Takings)
The final supplementary rule does not have significant takings
implications, and does not cause the impairment of any private property
rights. The final supplementary rule will not provide for the surrender
or confiscation of any legal personal or real property. Therefore, the
Department of the Interior has determined that the final supplementary
rule does not require preparation of a takings assessment under this
Executive Order.
Executive Order 13132, Federalism
The final supplementary rule will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and the
responsibilities among the various levels of government. The final
supplementary rule applies only to public lands administered by the
Arizona State Office and does not address jurisdictional issues
involving the Arizona State government. Therefore, in accordance with
Executive Order 13132, BLM has determined that the final supplementary
rule does not have sufficient federalism implications to warrant
preparation of a federalism assessment.
Executive Order 13175, Consultation and Coordination With Indian Tribal
Governments
In accordance with E.O. 13175, we have found that this final
supplementary rule does not include policies that have tribal
implications. Since the rule does not change BLM policy and does not
involve Indian reservation lands or resources, we have determined that
the government-to-government relationships should remain unaffected.
The final supplementary rule only prohibits the unlawful possession of
alcoholic beverages on public lands.
Executive Order 12988, Civil Justice Reform
Under Executive Order 12988, the Office of the Solicitor has
determined that this final supplementary rule will not unduly burden
the judicial system and that it meets the requirements of sections 3(a)
and 3(b)(2) of the Order.
Paperwork Reduction Act
This final 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.
National Environmental Policy Act
BLM has determined this final supplementary rule is categorically
excluded from environmental review under section 102(2)(C) of the
National Environmental Policy Act, pursuant to 516 Departmental Manual
(DM) Chapter
[[Page 48440]]
2, Appendix 1. Section 1.4 provides a categorical exclusion for law
enforcement and legal transactions, including arrests and
investigations. In addition, the final supplementary rule does not meet
any of the ten criteria for exceptions to categorical exclusions listed
in 516 DM, Chapter 2, Appendix 2. Pursuant to Council on Environmental
Quality regulations (40 CFR 1508.4) and the environmental policies and
procedures of the Department of the Interior, the term ``categorical
exclusion'' means a category of actions which do not individually or
cumulatively have a significant effect on the human environment and
that have been found to have no such effect in procedures adopted by a
Federal agency, and for which neither an environmental assessment nor
environmental impact statement is required.
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This final supplementary rule is not a significant energy action.
The final rule will not have an adverse effect on energy supplies,
production or consumption. It only addresses the possession of
alcoholic beverages on public lands, and has no conceivable connection
with energy policy.
Author
The principal author of this supplementary rule is Lyle Shaver,
Special Agent-in-Charge, Arizona State Office, Bureau of Land
Management, Department of the Interior.
Under the authority of 43 CFR 8365.1-6 and 43 U.S.C. 1733(a), the
Arizona State Director, Bureau of Land Management, issues a final
supplementary rule for public lands administered by the Arizona State
Office.
Supplementary Rule on Possession of Open Containers of Alcoholic
Beverages on Public Lands in the State of Arizona
The Arizona State Office issues this supplementary rule under the
Federal Land Policy and Management Act (FLPMA), 43 U.S.C. 1733(a),
1740, and 43 CFR 8365.1-6.
No person shall have in their possession, or on their person, an
open container that contains an alcoholic beverage while operating or
riding on/in a motor vehicle or off-road vehicle on public lands in the
State of Arizona administered by the BLM, Arizona State Office.
1. Definitions
The following definitions will apply to the supplementary rule:
a. A motor vehicle is defined as any self-propelled device in,
upon, or by which a person is or may be transported, including a
vehicle that is propelled by electric power. Exempt from this
definition are motorized wheelchairs. ``Off-road vehicle'' is defined
in 43 CFR 8340.0-5(a).
b. Operator means any person who operates, drives, controls, or
otherwise has charge of a mechanical mode of transportation or any
other mechanical equipment.
c. Public lands means any lands and interests in lands owned by the
United States and administered by the Secretary of the Interior through
the Bureau of Land Management without regard to how the United States
acquired ownership. This includes, but is not limited to, a paved or
unpaved parking lot or other paved or unpaved area where vehicles are
parked or areas where the public may drive a motorized vehicle, paved
or unpaved roads, roads, routes or trails.
d. Open container means any bottle, can, jar or other receptacle
that contains alcohol and that has been opened, has had its seal broken
or the contents of which have been partially removed.
2. Limitations
a. This section does not apply to:
i. An open container stored in the trunk of a motor vehicle or, if
a motor vehicle is not equipped with a trunk, to an open container
stored in some other portion of the motor vehicle designed for the
storage of luggage and not normally occupied by or readily accessible
to the operator or passengers; or
ii. An open container stored in the living quarters of a motor home
or camper; or
iii. Unless otherwise prohibited, an open container carried or
stored in a motor vehicle that is parked and the vehicle's occupant(s)
are camping.
iv. For the purpose of paragraph (a)(i) of this section, a utility
compartment or glove compartment is deemed to be readily accessible to
the operator and passengers of a motor vehicle.
Penalties
Under the Federal Land Policy and Management Act of 1976 43 U.S.C.
1733(a), and the Sentencing Reform Act of 1984, as amended, 18 U.S.C.
3551, 3571, persons who violate this restriction are subject to arrest
and, upon conviction, may be fined up to $100,000 and/or imprisoned for
not more than 12 months.
Elaine Y. Zielinski,
Arizona State Director.
[FR Doc. 05-16314 Filed 8-16-05; 8:45 am]
BILLING CODE 4310-32-P