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[Federal Register: January 17, 2007 (Volume 72, Number 10)]
[Notices]               
[Page 2011-2013]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17ja07-65]                         


[[Page 2011]]

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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[ES-920-1430-PM]

 
Notice of Final Supplementary Rules for Visitor Use and Permits 
at Meadowood Special Recreation Management Area--Bureau of Land 
Management, Eastern States, Springfield, VA

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of Final Supplementary Rules.

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SUMMARY: In accordance with the Meadowood Integrated Activity Plan, the 
Bureau of Land Management, Eastern States Office (BLM-ES) implements 
these final supplementary rules which include certain rules of conduct 
and other limitations on public lands administered by BLM-ES. These 
final supplementary rules implement the management decisions made in 
the Meadowood Farm Proposed Management Program Analysis/Environmental 
Assessment and the Meadowood Integrated Activity Plan for the Meadowood 
Special Recreation Management Area. These final supplementary rules 
will protect natural resources and provide for the safety of visitors 
and property on public lands located within the boundaries of the 
Meadowood Special Recreation Management Area (MSRMA) in Fairfax County, 
Virginia.

DATES: These final supplementary rules are effective February 16, 2007.

ADDRESSES: You may send inquiries or suggestions to Director, Eastern 
States Office, Bureau of Land Management, 7450 Boston Boulevard, 
Springfield, VA 22153.

FOR FURTHER INFORMATION CONTACT: Jeff McCusker, Outdoor Recreation 
Planner at 703-339-3463. Individuals who use a telecommunications 
device for the deaf may contact Mr. McCusker through the Federal 
Information Relay Service at 1-800-877-8339.

SUPPLEMENTARY INFORMATION:

I. Background

    On Thursday, July 28, 2005, BLM published a Notice of Proposed 
Supplementary Rules for the Meadowood Special Recreation Management 
Area (MSRMA), Fairfax County, VA (70 FR 43707). The BLM received no 
comments on the document during the 30-day comment period. The BLM is 
now finalizing these supplementary rules for the MSRMA. When these 
supplementary rules become effective, the MSRMA will be fully open for 
the uses and purposes identified the Meadowood Farm Proposed Management 
Program Analysis/Environmental Assessment (PA/EA) and the Meadowood 
Integrated Activity Management Plan for the Meadowood SRMA including 
the following stipulations. These final supplementary rules also 
rescind the temporary closure of these lands that was published in the 
Federal Register on October 22, 2001 (66 FR 53431).

II. Final Rule

    The BLM is implementing these final supplementary rules to finalize 
the management decisions made in the Meadowood Farm Management PA/EA 
and the Meadowood Integrated Activity Management Plan for the Meadowood 
SRMA. The BLM developed these plans through a series of public 
meetings, a 30-day comment period, and an appeal and protest period.

III. Procedural Matters

    E.O. 12866 Regulatory Planning and Review: Clarity of the 
Regulations. These final supplementary rules are not a ``significant 
regulatory action'' as defined in section 3(f) of Executive Order 
12866. These final supplementary rules do not constitute a significant 
regulatory action and are not subject to review by the Office of 
Management and Budget under Executive Order 12866. They will not have 
an 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. The final supplementary 
rules will not create a serious inconsistency or otherwise interfere 
with an action taken or planned by another agency. They do not alter 
the budgetary effects of entitlements, grants, user fees, or loan 
programs or the rights or obligations of their recipients, or raise 
novel legal or policy issues. These final supplementary rules merely 
impose rules of conduct and impose other limitations on certain 
recreational activities on certain lands to protect natural resources 
and human health and safety.
    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 final supplementary rules do not have an effect on business 
entities of any size. They merely impose reasonable restrictions on 
certain recreational activities on specific public lands to protect 
natural resources and the environment, and human health and safety. 
Therefore, BLM has determined under the RFA that these 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 
final supplementary rules are not a ``major rule'' as defined at 5 
U.S.C. 804(2) because they will not have an annual effect on the 
economy greater than $100 million, nor will they result in major cost 
or price increases for consumers, industries, government agencies, or 
regions. They do not constitute a ``major rule'' as defined at 5 U.S.C. 
804(2) because they will not result in an annual effect on the economy 
of $100 million or more, in an increase in costs or prices, or 
insignificant 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. These final supplementary rules merely impose 
reasonable restrictions on certain recreational activities on specific 
public lands to protect natural resources and the environment, and 
human health and safety.
    Unfunded Mandates Reform Act. These final supplementary rules do 
not impose an unfunded mandate on state, local, or tribal governments 
or on the private sector of more than $100 million per year; nor do 
these final supplementary rules have a significant or unique effect on 
state, local, or tribal governments or the private sector. They merely 
impose reasonable restrictions on certain recreational activities on 
certain public lands to protect natural resources and the environment, 
and human health and safety. Therefore, the BLM is not required to 
prepare a statement containing the information required by the Unfunded 
Mandates Reform Act (2U.S.C. 1531 et seq.).
    Executive Order 12630, Government Action and interference with 
Constitutionally Protected Pro. In accordance with Executive Order 
12360, BLM has found that these final supplementary rules do not have 
significant takings implications. These final supplementary rules will 
merely impose reasonable restrictions on certain recreational 
activities on specific

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public lands to protect natural resources and the environment, and 
human health and safety. No takings of personal or real property will 
occur because of this final rule.
    Executive Order 13132, Federalism. In accordance with Executive 
Order 13162, BLM finds that the final supplementary rules do not have 
sufficient federalism implications to warrant the preparation of a 
federalism summary impact statement. The rules do not have 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. This final 
rule does not preempt state law.
    Executive Order 13175, Consultation and Coordination with Indian 
Tribal Governments. In accordance with Executive Order 13175, BLM finds 
that these final rules will not result in significant changes to BLM 
policy and that Tribal Governments will not be unduly affected by these 
final supplementary rules. This rulemaking has no bearing on lands for 
which title is held in fee status by Indian tribes and U.S. Government-
owned lands under the Bureau of Indian Affairs.
    Executive Order 12988, Civil Justice Reform. In accordance with 
Executive Order 12988 the Department of the Interior's 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 Executive Order 12988.
    Paperwork Reduction Act. BLM has determined this rulemaking does 
not contain any new information collection 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 prepared an Environmental 
Assessment (EA), ``The Meadowood Farm Proposed Program Analysis/
Environmental Assessment'' and determined that these 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 National Environmental Policy Act of 1969 
(NEPA), 42 U.S.C. 4332(2)(C). A detailed statement under NEPA is not 
required. The BLM has placed the EA and the Finding of No Significant 
Impact (FONSI) on file in the Administrative Record at the Bureau of 
Land Management, Eastern States Office, 7450 Boston Blvd. Springfield, 
VA 22153.
    Executive Order 13211 Effects on the Nation's Energy Supply 
(Executive Order 13211). These final supplementary rules are a purely 
administrative regulatory action and have no implications under 
Executive Order 13211.
    Clarity of the Final Supplementary Rules. Executive Order 12866 
requires each agency to write regulations that are simple and easy to 
understand. The BLM invites your comments on how to make these 
regulations easier to understand, including answers to questions such 
as the following:
    1. Are the requirements in the final supplementary rules clearly 
stated?
    2. Do the final supplementary rules contain technical language or 
jargon that interferes with clarity?
    3. Does the format of the final supplementary rules (grouping and 
order of sections, use of headings, paragraphing, etc.) aid or reduce 
their clarity?
    4. Would the final supplementary rule be easier to understand if it 
was divided into more (but shorter) sections?
    5. Is the description of the final supplementary rules in 
``Supplementary Information'' section of this preamble helpful in 
making the final rules easier to understand?
    Please send any comments you have on the clarity of the regulations 
to the Bureau of Land Management, Eastern States Office, 7450 Boston 
Blvd. Springfield, VA 22153.
    Author: The principle author of these final supplementary rules is 
Jeff McCusker, Outdoor Recreation Planner, Bureau of Land Management, 
Eastern States Office, assisted by Cynthia Ellis, Office of Regulatory 
Affairs, Washington, DC.
    These final supplementary rules implement the management decisions 
made in the Meadowood Farm Proposed Management Program Analysis/
Environmental Assessment and the Meadowood Integrated Activity Plan for 
the Meadowood Special Recreation Management Area. These final 
supplementary rules will protect natural resources and provide for the 
safety of visitors and property on public lands located within the 
boundaries of the Meadowood Special Recreation Management Area (MSRMA) 
in Fairfax County, Virginia. Accordingly, for the reasons stated above 
and under the authorities for supplementary rules found in 43 CFR 
8341.2, 8364.1, and 8365.1-6, and 43 U.S.C. 1740, the State Director, 
Bureau of Land Management, Eastern States Office, issues these final 
supplementary rules for public lands managed by the BLM in the Lower 
Potomac Field Stations to read as follows:

Final Supplementary Rules for Certain Public Lands Managed by the Lower 
Potomac Field Station Office, Bureau of Land Management

    Unless otherwise authorized by the Field Station Manager, the 
following acts are prohibited within the Meadowood Special Recreation 
Management Area (MSRMA) boundary:
    1. You must not hunt unless you are participating in a managed hunt 
following Commonwealth of Virginia hunting regulations, and planned by 
the Bureau of Land Management (BLM).
    2. You must not use fireworks or explosive devices.
    3. You must not enter the MSRMA between sunset and sunrise.
    4. You must not swim or bathe in the ponds or streams.
    5. You must not operate motorized vehicles or devices in the MSRMA 
except on the following established roads:
    a. From Old Colchester Road to the control line flying circles in 
the west parcel.
    b. From Belmont Boulevard to the visitor parking area.
    c. From Gunston Road to the parking areas at the horse barn and the 
BLM compound.
    6. You must not enter the fenced pastures at 10406 Gunston Road 
unless you have a contract or other written permission from the BLM to 
board or maintain horses at the property.
    7. You must not enter into any area posted as closed to entry or 
use.
    8. You must not camp.
    9. You must not use a bicycle on the property, except on the roads 
listed above in rule 5 unless it is on a designated bicycle trail.
    10. You must not store fuel or accelerants.
    11. You must not use control line model airplanes outside of 
designated times and places.
    12. You must not use model rockets or explosive devices.
    13. You must not use or possess weapons, other than for permitted 
hunts planned by the BLM.
    Exception for Official Use of Site. Federal, state, and local law 
enforcement officers, government employees, and BLM volunteers are 
exempt from these supplementary rules in the course of their official 
duties. Limitations on the use of motorized vehicles do not apply to 
emergency vehicles, fire suppression and rescue vehicles, law 
enforcement vehicles, and other vehicles performing official duties, or 
as approved by an authorized officer of the BLM.

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Penalties

    1. Violations of these supplementary rules are punishable as 
follows: By a sentence of incarceration not more than one year, and a 
fine as provided by law under 43 U.S.C. 1733(a); 43 CFR 8360.0-7. Such 
violation may also be subject to the enhanced fines provided for by 18 
U.S.C. 3571.
    2. You may also be subject to civil action for unauthorized use of 
the public lands or related waters and their resources, for violations 
of permit terms, conditions, or stipulations, or for uses beyond those 
allowed by the permit.

Sue E. Richardson,
Acting State Director, Eastern States Office.
[FR Doc. E7-515 Filed 1-16-07; 8:45 am]

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