[Federal Register Volume 67, Number 163 (Thursday, August 22, 2002)]
[Notices]
[Pages 54456-54459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-21388]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[UT-010-1232-HB-UT17-24-1A]


Notice of Proposed Supplementary Rules on Public Lands in Utah

AGENCY: Bureau of Land Management, Interior.

ACTION: Proposed supplementary rules for certain public lands managed 
by the Bureau of Land Management within the Little Sahara Special 
Recreation Management Area (SMRA), Fillmore Field Office, Utah.

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SUMMARY: The Bureau of Land Management (BLM) is proposing supplementary 
rules to apply to the public lands within the Little Sahara Special 
Recreation Management Area (SRMA), Fillmore Field Office, Utah. The 
rules are necessary for the management of actions, activities, and 
public use on certain public land which may have or are having adverse 
impacts on persons using public lands, on property, and on resources 
located on public lands located in, or acquired for inclusion within, 
the Little Sahara Recreation Management Area.

DATES: Comments on the proposed supplementary rules must be received or 
postmarked by 30 days after publication of this notice to be assured 
consideration. In developing final supplementary rules, BLM may not 
consider postmarked or received in person or by electronic mail after 
this date.

ADDRESSES: Mail: Bureau of Land Management 115 E 500 N, Fillmore, Utah 
84631. Personal or messenger delivery: 115 E 500 N, Fillmore, Utah 
84631.

FOR FURTHER INFORMATION CONTACT: Ferris Clegg, Bureau of Land 
Management, Richfield Field Office 150

[[Page 54457]]

East 900 North, Richfield, Utah 84701. Telephone (435) 896-1500.

SUPPLEMENTARY INFORMATION:

I. Public Comment Procedures

    Please submit your comments on issues related to the proposed 
supplementary rules, in writing, according to the ADDRESSES section 
above. Comments on the proposed supplementary rules should be specific, 
should be confined to issues pertinent to the proposed supplementary 
rules, and should explain the reason for any recommended change. When 
possible, your comments should reference the specific section or 
paragraph of the proposal that you are addressing.
    BLM may not necessarily consider or include in the Administrative 
Record for the final rule comments that BLM receives after the close of 
the comment period or comments delivered to an address other than those 
listed above.
    BLM will make your comments, including your name and address, 
available for public review at the Fillmore Field Office address listed 
in ADDRESSES above during regular business hours (8 a.m. to 4:30 p.m., 
Monday through Friday, except Federal holidays). If you wish to 
withhold your name or street address from public review or from 
disclosure under the Freedom of Information Act, you must state this 
prominently at the beginning of your written comment. Such requests 
will be honored to the extent allowed by law. All submissions from 
organizations and businesses, and from individuals identifying 
themselves as representatives or officials of organizations or 
businesses, will be available for public inspection in their entirety.

II. Discussion of the Supplementary Rules

    The Utah State Director of the Bureau of Land Management is 
establishing these supplementary rules which are necessary for the 
protection of persons, property and public lands and resources within 
the Little Sahara Special Recreation Management Area, lands acquired 
for inclusion in the Little Sahara Special Recreation Management Area, 
and all lands that may be incorporated into the Little Sahara 
Recreation Management Area, in the Fillmore Field Office, as provided 
for in 43 CFR 8365.1-6.
    These rules are in addition to and supplement the rules found in 43 
CFR part 8300.
    The affected lands are located in the following areas:

Salt Lake Base Meridian

T.12S.,R.4W.
    Sec. 19, lots 3 and 4, E\1/2\SW\1/4\, and SE\1/4\;
    Sec. 20, W\1/2\SW\1/4\, and SE\1/4\SW\1/4\;
    Sec. 28, S\1/2\SW\1/4\;
    Sec. 29, W\1/2\NE\1/4\, SE\1/4\NE\1/4\, W\1/2\, and SE\1/4\;
    Secs. 30 to 33, inclusive;
    Sec. 34, SW\1/4\NW\1/4\, SW\1/4\, and S\1/2\SE\1/4\.

T.13S., R.4W.
    Secs. 3 to 10, inclusive;
    Sec. 15, N\1/2\,SW\1/4\,N\1/2\SE\1/4\, and SW\1/4\SE\1/4\;
    Secs. 16 to 21, inclusive;
    Sec. 22, NW\1/4\,W\1/2\SW\1/4\;
    Sec. 28, lots 1, 2, 3, and 4;
    Sec. 29, lots 1, 2, 3, and 4, SW\1/4\NE\1/4\, S\1/2\NW\1/4\SW\1/
4\, and W\1/2\SE\1/4\;
    Sec. 30 and 31;
    Sec 32, W\1/2\E\1/2\, W\1/2\.

T.14S., R4W.
    Sec. 5, lots 1, 2, 3, and 4, S\1/2\N\1/2\, SW\1/4\, and W\1/
2\SE\1/4\;
    Secs. 6 and 7;
    Sec. 8, W\1/2\
    Sec. 17, W\1/2\NW\1/4\;
    Sec. 18. T.12S., R5W;
    Sec. 24, S\1/2\;
    Secs. 25 to 29, inclusive;
    Secs. 30, SE\1/4\NE\1/4\,SE\1/4\SW\1/4\, and SE\1/4\;
    Secs. 31 to 36, inclusive.

T.13S., R5W.
    Secs. 1 to 36, inclusive.

T.14S., R5W.
    Secs. 1 to 5, inclusive;
    Sec. 6, lots 1 to 9, inclusive, S\1/2\NE\1/4\, SE\1/4\NW\1/4\, 
E\1/2\SW\1/4\, and SE\1/4\;
    Sec. 7, E\1/2\;
    Secs. 8 to 15, inclusive;
    Sec. 16, N\1/2\;
    Sec. 17, N\1/2\;
    Sec. 18, NE\1/4\NE\1/4\;
    Secs. 22 to 24, inclusive;

III. Procedural requirements

Executive Order 12866, Regulatory Planning and Review

    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 or more on the economy. They are directed at preventing 
unlawful personal behavior on public lands, for purposes of protecting 
public health and safety. 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. They proposed supplementary rules will not create a 
serious inconsistency or otherwise interfere with an action taken or 
planned by another agency. The 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. The supplementary rules merely enable BLM 
law enforcement personnel to enforce state law where appropriate on 
public lands.

Clarity on the Supplementary Rules

    Executive Order 12866 requires each agency to write regulations 
that are easy to understand. We invite your comments on how to make 
this proposed rule easier to understand, including answers to questions 
such as the following:
    (1) Are the requirements in the proposed rule clearly stated?
    (2) Does the proposed rule contain technical language or jargon 
that interferes with its clarity?
    (3) Does the format of the proposed rule (grouping and order of 
sections, use of headings, paragraphing, etc.) aid or reduce its 
clarity?
    (4) Would the rule be easier to understand if it were divided into 
more (but shorter) sections? (A ``section'' appears in Bold type and is 
preceded by the abbreviation ``Sec.'' and a numbered heading; for 
example, Sec. 1.3 Protective Headgear.)
    (5) Is the description of the proposed rule in the SUPPLEMENTARY 
INFORMATION section of this preamble helpful in understanding the 
proposed rule? What else could we do to make the proposed rule easier 
to understand?
    If you have any comments that concern how we could make this 
proposed rule easier to understand, in addition to sending the original 
to the address shown in ADDRESSES, above, please send a copy to: Office 
of Regulatory Affairs, Department of the Interior, Room 7229, 1849 C 
Street NW., Washington, DC 20240. You may also e-mail the comments to 
this address: [email protected].

National Environmental Policy Act

    BLM has prepared an environmental assessment (EA) and has found 
that the proposed 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 proposed supplementary rules 
will enable BLM law enforcement personnel to cite persons not obeying 
the rules of the Little Sahara Recreation Area for the purpose of 
protecting public health and safety. BLM has placed the EA and the 
Finding of NO Significant Impact (FONSI) on file in the BLM 
Administrative Record at the address specified in the ADDRESSES 
section. BLM invites the public to review these

[[Page 54458]]

documents and suggests that anyone wishing to submit comments in 
response to the EA and FONSI do so in accordance with the Written 
Comments section above.

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 proposed supplementary rules 
do not pertain specifically to commercial or governmental entities of 
any size, but contain rules to protect the health and safety of 
individuals, property, and resources on the public lands. Therefore, 
BLM has determined under the RFA that these proposed supplementary 
rules would not have a significant economic impact on a substantial 
number of small entities.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    These supplementary rules do not constitute a ``major rule'' as 
defined at 5 U.S.C. 804(2). Again, the supplementary rules pertain only 
to individuals who may use the public lands. In this respect, the 
regulation of such use is necessary to protect the public lands and 
facilities and those, including small business concessioners and 
outfitters, who use them. The supplementary rules have no effect on 
business-commercial or industrial use of the public lands.

Unfunded Mandates Reform Act

    These proposed 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 proposed supplementary 
rules have a significant or unique effect on State, local, or tribal 
governments or the private sector. The supplementary rules do not 
require anything of State, local, or tribal governments. 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.)

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

    The proposed supplementary rules do not represent a government 
action capable of interfering with constitutionally protected property 
rights. The supplementary rules do not address property rights in any 
form, and do not cause the impairment of anyone's property rights. 
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.

Executive Order 13132, Federalism

    The proposed 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. The 
supplementary rules apply in only one State, Utah, and do not address 
jurisdictional issues involving the State government. Therefore, in 
accordance with Executive Order 13132, BLM has determined that these 
proposed 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, Utah State Office of BLM has 
determined that these proposed 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.

Paperwork Reduction Act

    These proposed 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 this supplementary rules is Ferris Clegg of 
the Fillmore Field Office, BLM.

    Dated: October 17, 2001.
Sally Wisely,
State Director.

[Editorial Note: This document was received at the Office of the 
Federal Register on August 16, 2002.]

Supplementary Rules, Little Sahara Special Recreation Management 
Area

Sec. 1.0  Vehicle Equipment Requirements

Sec. 1.1  Safety Flags

    a. A safety flag is required on all off-highway vehicles. This 
includes all all-terrain vehicles (ATVs ), dirt bikes and dune buggies. 
You must not operate, or give any person permission to operate, an off-
highway vehicle that is not equipped with a safety flag within the 
Little Sahara Special recreation Management Area.
    b. The safety flag must be--
    1. Red or orange in color and a minimum of six by 12 inches;
    2. Attached to the off-highway vehicle in such a manner that the 
top of the flag is at least eight feet above the surface of level 
ground.

Sec. 1.2  Minimum Age

    a. You must be 8 years of age or older to operate or ride on an 
off-highway vehicle within the Little Sahara Special Recreation 
Management Age.
    b. You must not give any child under 8 years of age permission to 
operate any off-highway vehicle within the Little Sahara Special 
Recreation Management Area.

Sec. 1.3  Protective Headgear

    a. You must not operate or ride on an off-highway vehicle within 
the Little Sahara Special Recreation Management Area unless you are 
wearing properly fitted, safety-rated protective headgear designed for 
motorized vehicle use, if you are under the age of 18.
    b. You must not vie permission to any person under the age of 18 to 
operate or ride on an off-highway vehicle within the Little Sahara 
Special Recreation Management Area unless that person is wearing 
properly fitted, safety-rated protective headgear designed for 
motorized vehicle use.

Sec. 20  Prohibited Acts

Sec. 2.1  Government Property

    Your must not vandalize, climb on or otherwise interfere or tamper 
with any building, structure, sign, water line water tank equipment, or 
any other government property or government contracted property within 
the Little Sahara Special Recreation Management Area.

Sec. 2.2  Spray Paint

    The following are prohibited:
    a. The use of spray paint or paint-ball guns within the Little 
Sahara Special Recreation Management Area except for:
    1. The official business of any Federal, state, county, or local 
governmental entity, or
    2. The necessary performance of work related to the maintenance or 
construction of any authorized improvements or facilities on public 
lands;
    b. The possession of spray paint containers within the Little 
Sahara

[[Page 54459]]

Special Management Area, except when such containers of spray paint are 
located--
    1. In the trunk of a motor vehicle; or
    2. 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, if the motor vehicle is not equipped 
with a trunk.

Sec. 2.3  Glass Containers

    Within the Little Sahara Special Recreation Management Area, you 
must not possess glass containers outside of vehicles, camp trailers, 
or tents.

Sec. 2.4  Bonfires

    You must not knowingly create or maintain any large bonfire within 
the area of Little Sahara Special Recreation Management Area. For the 
purpose of this supplemental rule, a large bonfire means a fire with 
flames over three feet tall or a fire that cannot be contained in a 3-
foot diameter area.

Sec. 2.5  Wooden Pallets

    You must not bring into the Little Sahara Special Recreation 
Management Area or possess within the Little Sahara Special Recreation 
Management Area any pallets or lumber or wood products with nails or 
other metal objects affixed to such wood, lumber or wood products. You 
may carry or possess wood or lumber so long as they do not have nails 
or other metal objects attached to them.

Sec. 3.0  Permits and Fees

Sec. 3.1  Fees

    Except as provided in Sec. 3.2 of these supplementary rules--
    a. You must not enter the Little Sahara Special Recreation 
Management Area by any means or ways, public or private, without 
properly paying required fees.
    b. Your must not enter, camp, park, or stay longer than one hour 
within the Little Sahara Special Recreation Management Area without 
properly paying required fees.

Sec. 3.2  Contracts

    a. You may not enter the Little Sahara Special Recreation 
Management Area without paying required fees, unless you have a current 
annual pass contract or obtain a temporary contract in lieu of fees 
from BLM and sign it in the presence of the issuing officer.
    b. You must not violate the terms, conditions, and stipulations of 
your current annual pass contract or a temporary contract in lieu of 
fees under paragraph a. of this section.

Sec. 4.0  Penalties

    Under the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
1733(a)), if you knowingly and willfully violate or fail to comply with 
any of the supplementary rules provided in this notice you may be 
subject to a fine under 18 U.S.C. 3571 or other penalties in accordance 
with 43 U.S.C. 1733.

[FR Doc. 02-21388 Filed 8-21-02; 8:45 am]
BILLING CODE 4110-DQ-M