From: Subject: FR Doc E7-2064 Date: Sun, 11 Feb 2007 09:51:58 -0800 MIME-Version: 1.0 Content-Type: text/html; charset="Windows-1252" Content-Transfer-Encoding: quoted-printable Content-Location: http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/E7-2064.htm X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.3028 FR Doc E7-2064 
[Federal Register: February 8, 2007 (Volume 72, Number 26)]
[Notices]              =20
[Page 5993-5995]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08fe07-69]                        =20


[[Page 5993]]

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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[UT-020-1220-EB]

=20
Interim Final Supplementary Rules on Public Lands Within the=20
Simpson Springs Recreation Area Managed by the Salt Lake Field Office,=20
Utah

AGENCY: Bureau of Land Management, Interior.

ACTION: Interim Final Supplementary Rules with request for comments.

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SUMMARY: The Bureau of Land Management (BLM), Salt Lake Field Office,=20
is implementing interim final supplementary rules and requesting=20
comments for the Simpson Springs Recreation Area. The BLM has=20
determined these interim final supplementary rules are necessary to:=20
Enhance the safety of visitors, protect public health, protect natural=20
resources, and improve recreation experiences and opportunities.

DATES: These interim final supplementary rules are effective February=20
8, 2007. We invite comments until April 9, 2007.

ADDRESSES: Mail or hand deliver all comments concerning these interim=20
final supplementary rules to the Bureau of Land Management, Salt Lake=20
Field Office, 2370 S. 2300 W. Salt Lake City, Utah 84119, or e-mail=20
comments to Mail_UT-Salt_Lake@blm.gov.

FOR FURTHER INFORMATION CONTACT: Ray Kelsey, Outdoor Recreation=20
Planner, 2370 S. 2300 W. Salt Lake City, Utah 84119, 801-977-4300.

SUPPLEMENTARY INFORMATION:=20

I. Background

    The BLM is establishing these interim final supplementary rules=20
under the authority of 43 CFR 8365.1-6, which allows BLM State=20
Directors to establish such rules for the protection of persons,=20
property, and public lands and resources. This regulatory provision=20
allows the BLM to issue rules of less than national effect without=20
codifying the rules in the Code of Federal Regulations. Upon=20
completion, the rules will be available for inspection in the Salt Lake=20
Field Office; they will be posted at the Simpson Springs Recreation=20
Area; and they will be published in a newspaper of general circulation=20
in the affected vicinity. The overall program authority for the=20
operation of this recreation site is found in sections 302 and 310 of=20
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1732,=20
1740).
    These interim final supplementary rules are necessary because of=20
public safety concerns and resource impacts from ongoing recreational=20
use in the Simpson Springs Recreation Area. Specifically, monitoring by=20
BLM personnel and incident reports have determined that unregulated=20
dispersed camping and increased off-highway vehicle use continues to=20
disturb water sources and other habitat elements vital to survival of=20
desert species.
    The public has been involved in planning for the management of the=20
area through the Simpson Springs Recreation Area Management Plan (RAMP)=20
process and review under National Environmental Policy Act (NEPA). The=20
Simpson Springs RAMP includes supplementary rules that are to be=20
published concerning rules of conduct for public use. The comment=20
period for these interim final supplementary rules will allow the=20
public an additional opportunity for input on proposed management=20
changes at the Simpson Springs Recreation Area.
    The Salt Lake Field Office has taken the following steps to involve=20
the public in planning for the area and developing the policies=20
contained in the interim final supplementary rules:
     As part of the NEPA process, public notification of the=20
initiation of the Simpson Springs RAMP and the environmental review=20
process was published on Feb. 26, 2005.
     A news release and solicitation of comments were published=20
in local papers and posted at the Simpson Springs campground bulletin=20
board in March 2006. Comments were accepted through mail, hand=20
delivery, or by e-mail.
     The Draft Simpson Springs RAMP was available for review at=20
the Field Office until August 2005. Copies were e-mailed to members of=20
the public who had expressed an interest in the area.
     No comments on the Simpson Springs RAMP were received.
    Under these circumstances, the BLM finds good cause to issue these=20
interim final supplementary rules for the Simpson Springs Recreation=20
Area. The public is now invited to provide additional comments on the=20
interim final supplementary rules. See the DATES and ADDRESSES sections=20
for information on submitting comments.

II. Interim Final Supplementary Rules for the Simpson Springs=20
Recreation Area

Section 1 Definitions

    Simpson Springs Recreation Area (SSRA). The SSRA is a distinct=20
administrative unit within the Pony Express Special Recreation=20
Management Area and encompasses public lands located in:

Township 9 South Range 8 West
    Section 7: Lot 4, SE \1/4\ SW \1/4\, S \1/2\ SE \1/4\
    Section 17: W \1/2\ NW \1/4\, NW \1/4\ SW \1/4\
    Section 18: Lots 1 and 2, NE \1/4\, E \1/2\ NW \1/4\, NE \1/4\=20
SW \1/4\, N \1/2\ SE \1/4\

    Off-highway vehicle. Any motorized vehicle capable of, or designed=20
for, travel on or immediately over land, water, or other natural=20
terrain, excluding: (1) Any nonamphibious registered motorboat; (2) Any=20
military, fire, emergency, or law enforcement vehicle while being used=20
for emergency purposes; (3) Any vehicle whose use is expressly=20
authorized by the authorized officer, or otherwise officially approved;=20
(4) Vehicles in official use; and (5) Any combat or combat support=20
vehicle when used in times of national defense emergencies.
    Primary vehicle: A street-legal vehicle used for transportation to=20
the recreation site.
    Dangerous weapon(s): Any item that in the manner of its use, or=20
intended use, is capable of causing death or serious bodily injury.

Section 2 Prohibited Acts

    a. No person shall camp within the SSRA outside of designated=20
sites. Persons or groups wishing to camp outside of the designated=20
campground are required to first obtain a special recreation permit=20
(SRP) from the Salt Lake Field Office.
    b. No person shall enter, camp, park, picnic, or stay longer than=20
one half hour within the Simpson Springs Campground without properly=20
paying posted permit fees. Permits must be purchased and visibly=20
displayed in the windshield of all primary vehicles with the date side=20
facing out.
    c. No person shall use or possess to use as firewood any materials=20
containing nails, screws, or other metal hardware, including but not=20
limited to wood pallets and/or construction debris. Only charcoal may=20
be burned in campsite barbeque grills.
    d. No person shall use an accelerant for the purposes of igniting a=20
campfire except with any commercially purchased charcoal igniters or=20
other non-hazardous fuels.
    e. No person shall camp or use motorized vehicles within 200 feet=20
of any perennial water source or impoundment.
    f. No person shall operate a motorized vehicle in excess of the=20
posted speed limit on any maintained roadway within the SSRA.
    g. No person shall operate a motorized vehicle off of designated=20
routes within the SSRA.
    h. No person shall operate or use any audio device, including, but=20
not limited

[[Page 5994]]

to, a radio, television, musical instrument, other noise producing=20
device, or motorized equipment between the hours of 10 p.m. and 6 a.m.=20
in a manner that makes unreasonable noise that disturbs other visitors.
    i. No person shall operate an off-highway vehicle without a=20
properly installed spark arrestor.
    j. No person shall use or possess any man-made ramp or jump, for=20
the purposes of performing acrobatic or aerial stunts.
    k. No person shall construct or use a hunting blind within the=20
SSRA.

Section 3 Penalties

    Violations of these interim final supplementary rules are=20
punishable by a fine not to exceed $100,000 and/or imprisonment not to=20
exceed 12 months, as provided in Section 303 of the Federal Land Policy=20
and Management Act (43 U.S.C. 1733), and may be subject to the enhanced=20
penalties under the Sentencing Reform Act (18 U.S.C. 3571).

III. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    These interim final supplementary rules are not a significant=20
regulatory action and are not subject to review by the Office of=20
Management and Budget under Executive Order 12866. These interim final=20
supplementary rules will not have an effect of $100 million or more on=20
the economy. They are not intended to affect commercial activity, but=20
contain rules of conduct for public use of a certain recreational area.=20
They will not adversely affect, in a material way, the economy,=20
productivity, competition, jobs, the environment, public health or=20
safety, or State, local, or tribal governments or communities. These=20
interim final supplementary rules will not create a serious=20
inconsistency or otherwise interfere with an action taken or planned by=20
another agency. The interim final supplementary rules do not alter the=20
budgetary effects of entitlements, grants, user fees, or loan programs=20
or the right or obligations of their recipients; nor do they raise=20
novel legal or policy issues.

Clarity of the Interim Final Supplementary Rules

    Executive Order 12866 requires each agency to write regulations=20
that are simple and easy to understand. We invite your comments on how=20
to make these interim final supplementary rules easier to understand,=20
including answers to questions such as the following:
    (1) Are the requirements in the interim final supplementary rules=20
clearly stated?
    (2) Do the interim final supplementary rules contain technical=20
language or jargon that interferes with their clarity?
    (3) Does the format of the interim final supplementary rules=20
(grouping and order of sections, use of headings, paragraphing, etc.)=20
aid or reduce their clarity?
    (4) Would the interim final supplementary rules be easier to=20
understand if they were divided into more (but shorter) sections?
    (5) Is the description of the interim final supplementary rules in=20
the SUPPLEMENTARY INFORMATION section of this preamble helpful in=20
understanding the interim final supplementary rules? How could this=20
description be more helpful in making the interim final supplementary=20
rules easier to understand?
    Please send any comments you have on the clarity of the interim=20
final supplementary rules to the address specified in the ADDRESSES=20
section.

National Environmental Policy Act

    The BLM has prepared an environmental assessment (EA) dated=20
September 29, 2005, and has found that the interim final supplementary=20
rules would not constitute a major Federal action significantly=20
affecting the quality of the human environment under Section 102(2)(C)=20
of the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C.=20
4332(2)(C). The interim final supplementary rules merely contain rules=20
of conduct for the Simpson Springs Recreation Area. These rules are=20
designed to protect the environment and the public health and safety. A=20
detailed statement under NEPA is not required. BLM has placed the EA=20
and the Finding of No Significant Impact (FONSI) on file in the BLM=20
Administrative Record at the address specified in the ADDRESSES=20
section.

Regulatory Flexibility Act

    Congress enacted the Regulatory Flexibility Act (RFA) of 1980, as=20
amended, 5 U.S.C. 601-612, to ensure that Government regulations do not=20
unnecessarily or disproportionately burden small entities. The RFA=20
requires a regulatory flexibility analysis if a rule would have a=20
significant economic impact, either detrimental or beneficial, on a=20
substantial number of small entities. The interim final supplementary=20
rules do not pertain specifically to commercial or governmental=20
entities of any size, but to public recreational use of specific public=20
lands. Therefore, BLM has determined under the RFA that these interim=20
final supplementary rules would not have a significant economic impact=20
on a substantial number of small entities.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    These interim final supplementary rules do not constitute a ``major=20
rule'' as defined at 5 U.S.C. 804(2). The interim final supplementary=20
rules merely contain rules of conduct for recreational use of certain=20
public lands. The interim final supplementary rules have no effect on=20
business, commercial, or industrial use of the public lands.

Unfunded Mandates Reform Act

    These interim final supplementary rules do not impose an unfunded=20
mandate on State, local, or tribal governments or the private sector of=20
more than $100 million per year; nor do these interim final=20
supplementary rules have a significant or unique effect on State,=20
local, or tribal governments or the private sector. The interim final=20
supplementary rules do not require anything of State, local, or tribal=20
governments. Therefore, the BLM is not required to prepare a statement=20
containing the information required by the Unfunded Mandates Reform Act=20
(2 U.S.C 1531 et seq.).

Executive Order 12630, Governmental Actions and Interference With=20
Constitutionally Protected Property Rights (Takings)

    The interim final supplementary rules do not represent a government=20
action capable of interfering with constitutionally protected property=20
rights. The interim final supplementary rules do not address property=20
rights in any form, and do not cause the impairment of anybody's=20
property rights. Therefore, the Department of the Interior has=20
determined that these interim final supplementary rules would not cause=20
a taking of private property or require further discussion of takings=20
implications under this Executive Order.

Executive Order 13132, Federalism

    The interim final supplementary rules will not have a substantial=20
direct effect on the States, on the relationship between the national=20
government and the States, or on the distribution of power and=20
responsibilities among the various levels of government. The interim=20
final supplementary rules affect land in only one State, Utah, and do=20
not address jurisdictional issues involving the State government.=20
Therefore, in accordance with Executive Order 13132, BLM has determined=20
that these interim

[[Page 5995]]

final supplementary rules do not have sufficient Federalism=20
implications to warrant preparation of a Federalism Assessment.

Executive Order 12988, Civil Justice Reform

    Under Executive Order 12988, we have determined that these interim=20
final supplementary rules will not unduly burden the judicial system=20
and that they meet the requirements of sections 3(a) and 3(b)(2) of the=20
Order.

Consultation and Coordination with Indian Tribal Governments (E.O.=20
13175)

    In accordance with Executive Order 13175, we have found that these=20
interim final supplementary rules do not include policies that have=20
tribal implications. The interim final supplementary rules do not=20
affect lands held for the benefit of Indians, Aleuts, or Eskimos.

Paperwork Reduction Act

    These interim final supplementary rules do not contain information=20
collection requirements that the Office of Management and Budget must=20
approve under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.

    Dated: December 15, 2006.
Marcus Nielson,
Acting State Director.
[FR Doc. E7-2064 Filed 2-7-07; 8:45 am]