[Federal Register: April 21, 2006 (Volume 71, Number 77)]
[Notices]
[Page 20725-20729]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21ap06-87]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[CA-360-05-1220-DA]
Notice of Interim Final Supplementary Rules on Public Lands in
Shasta County, CA
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice of Interim Final Supplementary Rules for public lands
within the Swasey Drive Planning Area, Redding Field Office, Redding,
California.
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SUMMARY: The Bureau of Land Management (BLM) Redding Field Office is
publishing interim final supplementary rules applicable to public lands
within the Swasey Drive Planning Area, as identified in the Swasey
Drive Area Implementation Plan. The interim final supplementary rules
will govern activities such as target shooting, motor vehicle use, and
camping on public lands managed by the Redding Field Office. These
interim final supplementary rules are needed to protect recreation
opportunities, public health and safety, and cultural and natural
resources in accordance with the Swasey Drive Area Implementation Plan/
Environmental Assessment and Decision Record (DR) of September 2004.
DATES: The interim final supplementary rules are effective April 21,
2006. We invite comments until June 20, 2006.
ADDRESSES: Mail or hand deliver all comments concerning the interim
final supplementary rules to the Bureau of Land Management, Redding
Field Office, 355 Hemsted Drive, Redding, CA 96002; or you may access
the Federal eRulemaking Portal: http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.regulations.gov.
Copies of the Swasey Drive Area Implementation Plan and Decision
Record can be obtained at the BLM Redding Field Office, 355 Hemsted
Drive, Redding, CA 96002, (530) 224-2100.
FOR FURTHER INFORMATION CONTACT: William Kuntz, Outdoor Recreation
Planner, Bureau of Land Management, Redding Field Office, 355 Hemsted
Drive, Redding, CA 96002, phone (530) 224-2100 or by e-mail at
wkuntz@ca.blm.gov. Internet access to
[[Page 20726]]
the Swasey Drive Area Implementation Plan and Decision Record is
available at: http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.ca.blm.gov/redding. BLM will also announce the
interim final supplementary rules through local media outlets and post
this notice with a map of the affected areas at key locations that
provide access to the area.
SUPPLEMENTARY INFORMATION:
I. Public Comment Procedures
II. Background
III. Procedural Matters
IV. Interim Final Supplementary Rules
I. Public Comment Procedures
Written comments on these interim final supplementary rules should
be specific, confined to issues pertinent to the interim final
supplementary rules, and should explain the reason for any recommended
change. Where possible, comments should reference the specific section
or paragraph of the rule that the comment is addressing. BLM need not
consider or include in the Administrative Record for the final rule:
(a) Comments that 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).
You may also access and comment on the interim final supplementary
rules at the Federal eRulemaking Portal by following the instructions
at that site (see ADDRESSES).
Comments, including names, street addresses, and other contact
information of respondents, will be available for public review at the
Redding Field Office, 355 Hemsted Drive, Redding, CA 96002, during
regular business hours (7:45 a.m. to 3:45 p.m.), Monday through Friday,
except Federal holidays. Individual respondents may request
confidentiality. If you wish to request that BLM consider withholding
your name, street address, and other contact information (such as
Internet address, FAX, or phone number) from public review or from
disclosure under the Freedom of Information Act, you must state this
prominently at the beginning of your comment. BLM will honor requests
for confidentiality on a case-by-case basis to the extent allowed by
law. BLM will make available for public inspection in their entirety
all submissions from organizations or businesses, and from individuals
identifying themselves as representatives or officials of organizations
or businesses.
II. Background
In the Redding Resource Management Plan and Record of Decision of
June 1993, the area known as Swasey Drive was designated an Area of
Critical Environmental Concern (ACEC). Because of this decision, BLM
identified these lands for retention and decided to write a subsequent
management plan for the area.
The Swasey Drive ACEC and surrounding planning area includes
approximately 1,250 acres. It is used by researchers, hikers, mountain
bikers, equestrians, campers, off-road vehicle users, and target
shooters. Trails within this area are linked to the National Park
Service's Whiskeytown National Recreation Area. Because of the
intensive use of the area by the public, BLM implemented some
restrictions in 1998 to limit off-road vehicle use and target shooting.
These restrictions were designed to protect public health and safety
and to protect sensitive cultural resources within the ACEC and the
surrounding areas until BLM could complete a detailed management plan.
As a result of a growing population, the development of residential
housing on private lands around the Swasey Drive area, and the
increasing popularity of the area for non-motorized recreation
activities, the human use of the area has increased. Target shooting in
the area has also increased, as has illegal trash dumping and underage
drinking. The combination of increased recreational use as well as
increased levels of target shooting, trash dumping, and underage
drinking has created a condition that places the public at risk.
In May 2001, BLM held an initial public scoping meeting for the
development of the Swasey Drive Implementation Plan. The meeting was
attended by a broad range of individuals, groups, tribes, and agencies.
In 2004, the BLM completed the Swasey Drive Area Implementation Plan.
As a result of the plan, the specific restrictions in the decision
record are implemented in these interim final supplementary rules.
The purpose of the interim final supplementary rules is to protect
the historic and prehistoric cultural resources and public health and
safety. Also, the rules will help maintain the natural resources and
recreation opportunities within the Swasey Drive ACEC and associated
public lands. Restrictions on camping and nighttime use will curtail
illegal trash dumping and underage drinking, which have been ongoing
concerns for many years.
BLM provided for substantial public participation and coordination
during the development of the Swasey Drive Implementation Plan and
Environmental Assessment. Public participation included one public
scoping meeting attended by 65 individuals. BLM received 29 formal
responses (letters and e-mails) as a result of the scoping
solicitation. The timing of this action is important due to the danger
that long rifle target shooting poses for local residents and other
users of the area. Numerous reports from local area residents have
stated that bullets have been found lodged in the walls of their homes
or in the area around their homes. As recreational use increases with a
parallel increase in target shooting, the likelihood of an accident
occurring rises dramatically. In 2001, BLM used a risk management
process to determine the low, medium, high, and extremely high risk
management levels of target shooting in this area. We determined that
the risk of death caused by this activity could not be mitigated
sufficiently over the long term with BLM's limited personnel and
current regulations. In short, if these interim final rules are not
issued, there is an increasing risk that a recreational visitor or
local resident in the adjacent subdivision will be seriously injured or
killed by a poorly aimed or skipping/ricocheting bullet. These issues
were fully discussed in the scoping meeting. Therefore, due to the
increased and increasing safety concerns, and the previous
opportunities for public participation, BLM finds that promulgating
these supplementary rules as proposed rules would be impracticable,
unnecessary, and contrary to the public interest. As such, there is
good cause to publish these supplementary rules in interim final form.
Similar considerations of good cause support an immediate effective
date, i.e. the date of publication for these rules. We will publish
final supplementary rules that respond to any public comments, or
confirm the supplementary rules as final if we receive no compelling
arguments to amend the interim final supplementary rules.
The authorities for these interim final supplementary rules are 43
CFR 8360.0-7, 8364.1 and 8365.1-6.
III. Procedural Matters
Executive Order 12866, Regulatory Planning and Review
These interim final 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. These interim final
supplementary rules will
[[Page 20727]]
not have an annual effect of $100 million or more on the economy. They
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. These interim final
supplementary rules will not create a serious inconsistency or
otherwise interfere with an action taken or planned by another agency.
These interim final supplementary rules do not materially alter the
budgetary effects of entitlements, grants, user fees, or loan programs
or the rights or obligations of their recipients, nor do they raise
novel legal or policy issues. They merely impose rules of conduct and
other limitations on certain recreational activities at a limited
planning area to protect natural and cultural resources and human
health and safety.
Clarity of the Interim Final 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 interim final supplementary rules easier to understand,
including answers to questions such as the following: (1) Are the
requirements in the interim final supplementary rules clearly stated?
(2) Do the interim final supplementary rules contain technical language
or jargon that interferes with their clarity? (3) Does the format of
the interim final supplementary rules (grouping and order of sections,
use of headings, paragraphing, etc.) aid or reduce their clarity? (4)
Would the interim final supplementary rules be easier to understand if
they were divided into more (but shorter) sections? (5) Is the
discussion of the interim final supplementary rules in the
SUPPLEMENTARY INFORMATION section of this preamble helpful to your
understanding of these supplementary rules? How could this material be
more helpful in making the interim final supplementary rules easier to
understand?
Please send any comments you have on the clarity of the interim
final supplementary rules to the address specified in the ADDRESSES
section.
National Environmental Policy Act
BLM has prepared an Environmental Assessment (EA) and a Decision
Record for the Swasey Drive Implementation Plan. Within the Plan/EA and
subsequent DR, analysis was provided as a basis for the interim final
supplementary rules. The Swasey Drive Implementation Plan/EA provided
management alternatives, public participation, law enforcement logs,
soil analyses, and projected firearm ammunition distances. The Plan and
EA called for the restriction of firearms target shooting to the use of
shotguns within the existing Swasey Drive target shooting area, and for
this use to be phased out over four years, while reserving to the
Redding Field Office Manager the authority to allow exceptions to this
restriction during the phase-out period by issuing special recreation
permits. The Plan, supported by the EA, also requires the use of
biodegradable materials for targets. The Plan called for a prohibition
of night use of motor vehicles within the area beyond the main
developed trailhead parking area near Swasey Drive, and a requirement
that campers have a special recreation permit. These interim final
supplementary rules expressly implement these Plan elements, as
included in the Decision Record on the Plan and fully considered in the
EA supporting the Plan. The supplementary rules are designed to
mitigate potential user-related issues discussed in the environmental
assessment. Also, the Plan/EA informed the public that rules for use of
the area would be developed to reduce user conflicts and protect
important cultural and natural resources and values.
The interim final supplementary rules are designed to mitigate the
specific issues addressed in the Plan/EA. BLM has found, therefore,
that the interim final supplementary rules would not constitute a major
Federal action significantly affecting the quality of the human
environment under section 102(2)(C) of the Environmental Protection Act
of 1969 (NEPA), 42 U.S.C. 4332(2)(C). The Plan/EA and DR are available
for review in the BLM Administrative Record at the address specified in
the ADDRESSES section.
Regulatory Flexibility Act
Congress enacted the Regulatory Flexibility Act of 1980 (RFA), as
amended, 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. These interim final supplementary
rules should have little economic effect on business, organizational,
or governmental entities of whatever size. They merely would impose
reasonable restrictions on certain recreational activities in the
Swasey Drive Planning Area to protect cultural and natural resources
and the environment, and human health and safety. Therefore, BLM has
determined under the RFA that these interim final supplementary rules
would not have a significant economic impact on a substantial number of
small entities.
Small Business Regulatory Enforcement Fairness Act (SBREFA)
These interim final supplementary rules are not a ``major rule'' as
defined at 5 U.S.C. 804(2). They would not result in an annual effect
on the economy of $100 million or more, in a major increase in costs or
prices, or in significant adverse effects on competition, employment,
investment, productivity, innovation, or on the ability of United
States-based enterprises to compete with foreign-based enterprises in
domestic and export markets. They would merely impose reasonable
restrictions on certain recreational activities in the Swasey Drive
Planning Area to protect natural resources and the environment, and
human health and safety.
Unfunded Mandates Reform Act
These interim final supplementary rules do not impose an unfunded
mandate on state, local, or Tribal governments, in the aggregate, or
the private sector, of $100 million or more in any one year, nor do
they have a significant or unique effect on small governments. They
would merely impose reasonable restrictions on certain recreational
activities in the Swasey Drive Planning Area to protect natural and
cultural resources and the environment, and human health and safety.
Tribal groups and Shasta County were involved in the development of the
Swasey Drive Implementation Plan. 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 Actions and Interference With
Constitutionally Protected Property Rights (Takings)
These interim final supplementary rules are not a government action
capable of interfering with constitutionally protected property rights.
The interim final supplementary rules would have no effect on private
lands or property. Therefore, the Department of the Interior has
determined that the rule would not cause a taking of private property
or require preparation of a takings assessment under this Executive
Order.
[[Page 20728]]
Executive Order 13132, Federalism
These interim final supplementary rules would 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 responsibilities among the various levels of government. The
interim final supplementary rules would have no effect on state or
local government, and specifically exempt state and local government
law enforcement and emergency personnel and activities from the effect
of the interim final supplementary rules. Shasta County was involved in
the development of the underlying Swasey Drive Implementation Plan,
which the interim final supplementary rules help implement. Therefore,
in accordance with Executive Order 13132, BLM has determined that these
interim final 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, the Office of the Solicitor determined
that these interim final supplementary rules would not unduly burden
the judicial system and that they meet the requirements of sections
3(a) and 3(b)(2) of the Order.
Executive Order 13175, Consultation and Coordination With Indian Tribal
Governments
In accordance with Executive Order 13175 we have found that these
interim final supplementary rules do not include policies that have
tribal implications. Policies that have tribal implications refer to
regulations that have substantial direct effects on one or more Indian
tribes, or the relationship between the Federal Government and Indian
tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian tribes. Over one-half of the planning
area is identified as an ACEC because of the presence of fragile
historic and prehistoric resources of National Register of Historic
Places level. Thus, a paramount consideration in the planning effort
was archaeological site protection, conservation, research, and
interpretation. We recognize that many of the cultural resources of the
planning area are considered significant to local Wintu people, based
on numerous interactions between them and BLM staff members. Several
Wintu serve as local site stewards. The presence of burials at certain
locations in the planning area correlates with spiritual locations
significant in Wintu religion.
Tribal groups were invited to participate in the development of the
Swasey Drive Implementation Plan. We contacted the Bureau of Indian
Affairs and the following Tribal entities: Redding Rancheria; Wintu
Cultural and Educational Council; and the Wintu Tribe and Toyon-Wintu
Center. None of these entities commented on the plan.
The interim final supplementary rules are intended to help protect
these cultural, historic, and prehistoric resources. Accordingly, under
Executive Order 13175, we have found that these interim final
supplementary rules for the planning area do not include policies that
have tribal implications.
Paperwork Reduction Act
These interim final supplementary rules do 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.
Author
The principal author of these interim final supplementary rules is
William Kuntz, Supervisory Outdoor Recreation Planner, Redding Field
Office, Bureau of Land Management.
IV. Interim Final Supplementary Rules
The State Director, California State Office, Bureau of Land
Management, issues the following supplementary rules for the Swasey
Drive Planning Area on an interim final basis.
Supplementary Rules for the Swasey Drive Planning Area
Section 1. Definitions
a. ``Firearm'' means any device from which is expelled through a
barrel a projectile by the force of any explosion or other form of
combustion, including but not limited to shotguns, rifles, pistols,
starting pistols, flintlock rifles and muskets, and revolvers.
b. ``Motorized vehicle'' means any self-propelled device in, upon,
or by which any person or property is or may be propelled, moved, or
drawn, including but not limited to, cars, trucks, vans, motorcycles,
motor-driven cycles, motorized scooters, motorized skateboards, and
snowmobiles. ``Motorized vehicle'' does not include a self-propelled
wheelchair, invalid tricycle, or motorized quadricycle when operated by
a person who, by reason of physical disability, is otherwise unable to
move about as a pedestrian.
c. ``Public entity'' means any county, city, public district,
public agency, public authority, or public or municipal corporation;
the Federal Government or any Federal department or agency; a state, or
any state department or agency.
d. ``Camping'' means the act of occupying ground on which temporary
shelters are erected.
Section 2. Supplementary Rules
a. Firearms target shooting is restricted to the use of shotguns
within the existing Swasey Drive target shooting area (boundary is
marked by signs). This type of target shooting with shotguns will be
phased out over a four-year period beginning April 21, 2006. BLM signs
will accurately depict the extent of the target area. During the phase-
out period, the Redding Field Office Manager or his representative may
authorize an exception to the restriction on target shooting with
shotguns by issuing a special recreation permit
b. It is unlawful for any person, other than an employee of a
public entity acting within the scope of that employment, e.g., a law
enforcement officer, or pursuant to the authority of the BLM, to use a
motorized vehicle within the area posted and described below from
sunset to sunrise beyond the main developed trailhead parking area near
Swasey Drive.
c. Camping is allowed by BLM special recreation permit issued only
by the Redding Field Office Manager or his representative.
Section 3. Affected Lands
These supplementary rules apply to all public lands within the
Swasey Drive Planning Area, as identified in the Swasey Drive Area
Implementation Plan and Decision Record and described as follows:
Mount Diablo Meridian
T. 31 N., R. 5 W,
Sec. 6, lots 29, and 30;
Sec. 7, lots 7 to 10, inclusive, lots 14 to 28, inclusive, and
lots 32, 33, and 36.
T. 31 N., R. 6 W.,
Sec. 12.
Totaling approximately 1,250 acres.
Section 4. Exceptions to the Supplementary Rules
These supplementary rules do not apply to the following activities:
access by authorized emergency rescue vehicles, BLM operation and
maintenance vehicles, and fire and law enforcement vehicles,
appropriate access to mining claims by the claimant and to private
property by the property owners, as authorized by laws or by the BLM
Field Manager or the acting Field Manager; activities consistent with
the Redding Resource Management Plan
[[Page 20729]]
Record of Decision and authorized by a special use permit from the BLM
Field Manager or the acting Field Manager; and resource management
activities conducted by BLM. These supplementary rules are not intended
to affect legal hunting consistent with California Department of Fish
and Game regulations.
Section 5. Penalties
Under Section 303(a) of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1733(a)) and 43 CFR 8360.0-7, if you violate these
supplementary rules on public lands within the boundaries established,
you may be tried before a United States Magistrate and fined no more
than $1,000 or imprisoned for no more than 12 months, or both. Such
violations may also be subject to the enhanced fines provided for by 18
U.S.C. 3571.
Mike Pool,
State Director, California BLM State Office.
[FR Doc. E6-5991 Filed 4-20-06; 8:45 am]
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