[Federal Register Volume 67, Number 72 (Monday, April 15, 2002)]
[Notices]
[Pages 18238-18240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-8887]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[CA-939-1220-00 PD; G0-00]


Notice of Interim Final Supplementary Rules on the Piedras 
Blancas Light Station in California

AGENCY: Bureau of Land Management, Bakersfield Field Office, 
California, Interior.

ACTION: Notice of interim final supplementary rules for public land 
within the Piedras Blancas Light Station property, San Simeon, 
California.

-----------------------------------------------------------------------

SUMMARY: These supplementary rules are being established as interim 
final supplementary rules to provide immediate protection for cultural, 
historic, and natural features within the recently acquired section of 
public land at Piedras Blancas. This area contains sensitive habitat, 
protected marine mammals, cultural sites, and historic buildings. These 
supplementary rules serve to protect these features. The supplementary 
rules listed below are similar to rules in effect within most parks, 
nature preserves, and recreation areas.

DATES: The following supplementary rules are being published on an 
interim final basis, effective April 15, 2002. You may send your 
comments about these supplementary rules to the address below. Comments 
must be received or postmarked by June 14, 2002.

ADDRESSES: Mail: Bureau of Land Management, Bakersfield Field Office, 
3801 Pegasus Drive, Bakersfield, CA, 93308. Personal or messenger 
delivery: Bureau of Land Management, Bakersfield Field Office, 3801 
Pegasus Drive, Bakersfield, CA, 93308.

FOR FURTHER INFORMATION CONTACT: Ron Fellows, Field Manager, 
Bakersfield Field Office, Bureau of Land Management, 3801 Pegasus 
Drive, Bakersfield, CA 93308, telephone 661-391-6000.

SUPPLEMENTARY INFORMATION:

Public Comment Procedures:

    Please submit your comments on issues related to the supplementary 
rules, in writing, according to the ADDRESSES section above. Comments 
on the supplementary rules should be

[[Page 18239]]

specific, should be confined to issues pertinent to the supplementary 
rules, and should explain the reasons for any recommended change. Where 
possible, your comments should reference the specific section or 
paragraph of the proposed rule that you are addressing. BLM may not 
necessarily consider, or include in the Administrative Record, comments 
that we receive after the close of the comment period (see DATES) or 
comments delivered to an address other than those listed above (see 
ADDRESSES).
    Under certain conditions, BLM can keep your personal information 
confidential. You must prominently state your request for 
confidentiality at the beginning of your comment. BLM will consider 
withholding your name, street address, and other identifying 
information on a case-by-case basis to the extent allowed by law. BLM 
will make available to the public all submissions from organizations 
and businesses and from individuals identifying themselves as 
representatives or officials of organizations or businesses.

Discussion of the Rules

    The supplementary rules apply to the land and buildings at the 
Piedras Blancas Light Station located as follows: Mount Diablo Meridian 
Township 26 South, Range 6 East, U. S. Lighthouse Reserve and any 
adjacent parcels of public land managed by the BLM. BLM has determined 
these supplementary rules necessary to protect the area's natural, 
cultural, and historic resources and to provide for safe public 
recreation, public health, and reduce the potential for damage to the 
environment and to enhance the safety of visitors and neighboring 
residents.

Procedural Matters

    These supplementary rules are not a significant regulatory action 
and are not subject to review by Office of Management and Budget under 
Executive Order 12866. These supplementary rules 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. These supplementary rules will not create a 
serious inconsistency or otherwise interfere with an action taken or 
planned by another agency. These supplementary rules do not 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.
    BLM has determined that the supplementary rules are categorically 
excluded from environmental review under section 102(2)(C) of the 
National Environmental Policy Act, pursuant to 516 Departmental Manual 
(DM), Chapter 2, Appendix 1. In addition, the supplementary rules do 
not meet any of the 10 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 exclusions'' means a category of 
actions which do not individually or cumulatively have a significant 
effect on the human environment and that have found to have no such 
effect in procedures adopted by a Federal agency and for which neither 
an environmental assessment nor an environmental impact statement is 
required.
    Congress enacted the Regulatory Flexibility Act of 1980, 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 supplementary rules are not 
a ``major rule'' as defined at 5 U.S.C. 804(2). These rules are limited 
in scope to a small section of public land and are intended to 
establish rules of conduct and acceptable behavior at the site for the 
protection of resources and the visiting public.
    These supplementary rules do not impose an unfunded mandate on 
State, local, or tribal governments or the private sector of more than 
$100 million per year; nor do these supplementary rules have a 
significant or unique effect on State, local, or tribal governments or 
the private sector. These supplementary rules do not require funding or 
resources from State, Local, or tribal governments. These supplementary 
rules do not impact private property or property rights nor are they 
intended to deny or constrain any valid existing right. Therefore, BLM 
is not required to prepare a statement containing the information 
required by the Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.).
    These supplementary rules do not represent a government action 
capable of interfering with constitutionally protected property rights. 
The supplementary rules are applicable only on public land managed by 
the BLM and do not extend to adjacent private property. No taking of 
private property is contemplated in these supplementary rules. 
Therefore, the Department of the Interior has determined that the 
supplementary rules would not cause a taking of private property or 
require further discussion of takings implications under this Executive 
Order.
    The supplementary rules 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 responsibilities among 
the various levels of government. These supplementary rules are 
intended to protect property, resources, and the visiting public on a 
designated area of public land. The scope and effect of these 
supplementary rules are limited to those public purposes and do not 
redefine or impact established governmental structures, 
responsibilities, policies, or procedures. Therefore, in accordance 
with Executive Order 13132, BLM has determined that these supplementary 
rules do not have sufficient Federalism implications to warrant 
preparation of a Federalism Assessment.
    Under Executive Order 12988, the Office of the Solicitor has 
determined that these supplementary rules will not unduly burden the 
judicial system and that these supplementary rules meet the 
requirements of sections 3(a) and 3(b)(2) of the Order. These 
supplementary rules have been written in plain text and are clearly 
understandable.
    In accordance with Executive Order 13175, we have found that this 
final rule does not include policies that have tribal implications. 
These supplementary rules do not impact tribal lands nor are they 
intended to limit or interfere with any right or privilege granted to 
Native Americans.
    These 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.
    The principal author of these supplementary rules is Ron Fellows, 
Field Office Manager of the BLM Bakersfield Field Office, 3801 Pegasus 
Drive, Bakersfield, CA 93308.
    For the reasons stated in the preamble, and under the authorities 
cited below, the BLM State Director, California, issues the following 
supplementary rules.


[[Page 18240]]


    Dated: January 28, 2002.
James Wesley Abbott,
Acting State Director, California.

    Note: These rules will not appear in the Code of Federal 
Regulations.

Supplementary Rules for Public Lands at the Piedras Blancas Light 
Station

    Public Land Order 7501, published in the Federal Register on 
October 12, 2001 (66 FR 52149), authorized the Bureau of Land 
Management to manage the Piedras Blancas Light Station on behalf of the 
American people. The supplementary rules listed below are established 
under authority of 43 CFR 8364.1, 43 CFR 8365.1-6, and 43 CFR 
8341.2(b).
    1. You must not enter the lighthouse, other building or structure, 
grounds, beach area, trails, and access roads unless you are part of a 
scheduled tour, or at scheduled times as determined by the BLM. You 
must not camp or stay overnight without a permit from the BLM. You must 
not leave a scheduled tour and enter areas not covered by the tour.
    2. You must not take, disturb, or harass wildlife. You must not 
approach elephant seals in a manner likely to disturb, alarm, or harm 
the animals. You must not collect or cut vegetation or collect wildlife 
except under the terms and conditions of a permit issued by the BLM.
    3. You must not enter an area posted as closed. You must not walk, 
hike, or ride a bicycle on areas or trails not designated for this 
purpose.
    4. You must not drive off the designated access roads and 
designated parking areas. You must not park a vehicle in a manner which 
prevents the movement of other vehicles. You must not park a vehicle in 
an area posted as a No Parking zone. You must not drive a vehicle 
faster than 15 miles per hour along the entrance road to the area.
    5. You must not collect natural features such as rocks and minerals 
without a permit issued by the BLM. You must not conduct research 
projects and scientific studies without a permit from the BLM.
    6. You must not allow domestic animals or pets to be on the site. 
Seeing-eye and hearing-ear dogs, and pets belonging to the resident 
staff are excepted. Domesticated pets belonging to the resident staff 
must be under control of the owner at all times.
    7. You must not kindle, start, or attend a fire. You must not use 
any cooking device on the grounds of the area. You must not throw, 
place, discard or store litter, refuse, waste, garbage, peelings, pits, 
or wrappers anywhere except in litter receptacles or litter bags.
    8. You must not be under the influence of drugs (as defined by 
Section 11550 of the California Health and Safety Code) or alcohol 
(blood alcohol level of 0.8%) within the area.
    9. You must not discharge any firearms (except for law enforcement 
officials in the performance of their duties), air guns, slingshots or 
use any projectile launching device.
    10. You must not engage in fighting, physically threatening or 
violent behavior.
    11. You must not violate any of the laws of the State of California 
or ordinances of the County of San Luis Obispo. You must not violate 
regulations of the National Oceanographic and Atmospheric 
Administration which are in effect within the area.

Supplementary Rules 1 Through 5 Do Not Apply to:

    1. Any public official in the performance of fire, emergency, 
rescue, medical, law enforcement or other similar duty.
    2. Any Bureau of Land Management, U.S. Coast Guard, or other 
authorized personnel while in the performance of their duties, except 
as restricted by the BLM.
    3. Any person or member of a group or institution expressly 
authorized by permit, license agreement, or other similar authorization 
while in the performance of activities covered by the authorization, 
except as restricted by the BLM.

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 any of 
these supplementary rules on public lands within the boundaries 
established in the rules, 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.
[FR Doc. 02-8887 Filed 4-12-02; 8:45 am]
BILLING CODE 4310-40-P