[Federal Register Volume 67, Number 163 (Thursday, August 22, 2002)]
[Notices]
[Pages 54459-54462]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-21395]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[NV-030-02-1220-PD-241A]


Interim Final Supplementary Rules for the Sand Mountain and the 
Walker Lake Recreation Areas; Churchill and Mineral County, NV

AGENCY: Bureau of Land Management, Interior.

ACTION: Interim final supplementary rules.

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SUMMARY: The Carson City Field Office Manager establishes these 
Supplementary Rules to provide for the protection of persons, property, 
and public lands and resources. They consolidate and clarify rules 
published in previous Federal Register notices, establish that Sand 
Mountain will be subject to a user fee collection and establish 
additional supplementary rules of conduct for visitors to the Sand 
Mountain and the Walker Lake Recreation Areas.

DATES: The following supplementary rules are being published on an 
interim final basis, effective August 22, 2002. You may send your 
comments about these supplementary rules to the address below. Comments 
must be received or postmarked by September 23, 2002.

ADDRESSES: Mail: Manager, Carson City Field Office, 5665 Morgan Mill 
Road, Carson City, Nevada 89701.
    Personal or messenger delivery: 5665 Morgan Mill Road, Carson City, 
Nevada 89701. Internet e-mail: [email protected]

FOR FURTHER INFORMATION CONTACT: Chris Miller, Outdoor Recreation 
Planner, or Terry Knight, Acting Deputy Assistant Manager, Non-
Renewable Resources, Carson City Field Office, 5665 Morgan Mill Road, 
Carson City, Nevada 89701. Telephone (775) 885-6000. Persons who use a 
telecommunications device for the deaf (TDD) may call the Federal 
Information Relay Service (FIRS) at 1-800-877-8339, 24 hours a day, 7 
days a week.

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 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 interim final 
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 identification 
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 Rules

    Certain other prohibited activities were recommended in the 
Recreation Area Management Plan for the Sand Mountain Recreation Area. 
These recommendations subsequently were published as specific 
prohibited acts in the Federal Register on July 1, 1992. These rules 
required minor modification and clarification.
    Certain other supplementary rules are necessary in order to provide 
for the safety of visitors to the Recreation Areas. Speed limits are 
needed on access roads and in designated camping areas. Ignition of 
fireworks is a violation of State law and a danger to both persons and 
property.
    Clarification of existing rules is needed to protect plant life, 
wildlife habitat and historic resources, and due to increases in public 
use we are proposing additional rules. Indiscriminate vehicle use in 
that portion of the Sand Mountain Recreation Area, where the off-road 
vehicle designation is ``limited'', has destroyed vegetation, caused 
harassment of wildlife, and threatens the integrity of the Sand Springs 
Pony Express Station and Desert Study Area.

[[Page 54460]]

These supplementary rules specifically identify those routes that are 
open to vehicle use within this ``limited'' designation area. Rules 
regarding the closure of certain lands within the Recreation Area to 
camping were published in the Federal Register on July 1, 1992. This 
notice contains a legal description of those lands and designates the 
area of Developed Recreation Site for the Walker Lake Recreation Area.

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 affect 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, we have 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.

Lands Covered by the Supplementary Rules

    The public lands affected by these restrictions are described as 
follows:

Sand Mountain Recreation Area

Mt. Diablo Meridian

T. 16 N., R 32 E.,
    Sec. 4: Lots 1--4 inclusive, SW\1/4\NE\1/4\, S\1/2\NW\1/4\, N\1/
2\SW\1/4\, SW\1/4\SW\1/4\;
    Sec. 5: Lots 1-4 inclusive, S\1/2\N\1/2\, All public land north 
of U.S. Route 50;
T. 17 N., R 32 E.,
    Sec. 15: S\1/2\S\1/2\;
    Sec. 16: SE\1/4\SE\1/4\;
    Sec. 20: SE\1/4\;
    Sec. 21: All
    Sec. 22: W\1/2\, NE\1/4\;
    Sec. 28: All
    Sec. 29: All
    Sec. 32: All
    Sec. 33: All

Walker Lake Recreation Area

    Includes all public land east of U.S. Route 95 to Walker Lake 
within:

Mt. Diablo Meridian

T. 10 N., R 29 E.,
    Sec. 5:
    Sec. 8:
    Sec. 17:
    Sec. 20:
    Sec. 29:
    Sec. 32:

    The principal author of these supplementary rules is Stanley Zuber 
of the Carson City Field Office, Bureau of Land Management, Department 
of the Interior.
    For the reasons stated in the preamble, and under the authority of 
43 CFR part 8360, sections 8364.1, 8365, 8365.1-2, 8365.1-6 and 8365.2, 
the BLM State Director, Nevada, issues the following supplementary 
rules.


[[Page 54461]]


    Dated: April 23, 2002.
Jean Rivers-Council,
Acting State Director, Nevada.

Supplementary Rules for the Sand Mountain Recreation Area

Sec. 1  Motor Vehicle Rules
    a. All motorized vehicles, other than those traveling on maintained 
roads, must be equipped with an 8 foot whip mast and a six (6) inch by 
twelve (12) inch solid red or orange colored safety flag. Flags may be 
pennant, triangle, square, or rectangular shape. The mast must be 
securely mounted on the vehicle and extend eight (8) feet from the 
ground to the mast tip when the vehicle is stopped. Safety flags must 
be attached within 10 inches of the tip of the whip mast with club or 
other flags mounted below safety flag or on another whip.
    b. You must not operate any motorized vehicle in excess of 25 mph 
on any maintained road within the Recreation Area, or in excess of 15 
mph within any designated camping area.
    c. Within that portion of the Recreation Area where vehicle use is 
designated as ``limited'', there are only two roads open to motorized 
vehicles. These roads are:
    (1) The main access road leading from U.S. Route 50 to the 
northernmost restroom facility and,
    (2) The secondary access road leading from the main access road to 
the parking area near the Sand Springs Pony Express Station and Desert 
Study Area.
    d. No person shall drink an alcoholic beverage, or have in their 
possession or on their person any open container that contains an 
alcoholic beverage, while operating in or on a motorized vehicle.
Sec. 2  Other Restrictions on Recreation Use
    a. You must not camp on the following lands, other than in an area 
designated for that purpose:

Mt. Diablo Meridian

T. 17 N., R. 32 E.,
    Sec. 28 SW\1/4\:
    Sec. 29 E\1/2\SE1/4, W\1/2\SE\1/4\;

    b. You must not camp on any other public lands within the Sand 
Mountain Recreation Area in Sec. 5, T.16N, R.32E, or within one mile of 
the boundary of the Recreation Area.
    c. You must not operate or use any audio equipment, such as a 
radio, television, musical instrument, or other noise producing device, 
or motorized equipment, between the hours of 12 a.m. and 6 a.m. in a 
manner that makes unreasonable noise that disturbs other visitors; or 
operate or use a public address system without written authorization 
from the Field Office Manager.
    d. Persons using the area will be subject to a user fee.
Sec. 3  Prohibited Acts
    You must not:
    a. Operate a motorized vehicle in the Recreation Area without the 
attached safety flag as described under Sec. 1 a. of these 
supplementary rules;
    b. Operate a motorized vehicle in excess of the posted speed limit;
    c. Drink an alcoholic beverage, or have in your possession or on 
your person any open container that contains an alcoholic beverage, 
while operating in or on a motorized vehicle;
    d. Camp outside the designated camping area described in Sec. 2a. 
of these supplementary rules;
    e. Discharge any firearms, fireworks, or projectiles;
    f. Make any unreasonable noise that disturbs other visitors between 
the hours of 12 a.m. and 6 a.m. as described in Sec. 2c. of these 
supplementary rules;
    g. Possess or use any glass cup or bottle, empty or not, used for 
carrying any liquid for drinking purposes;
    h. Bring in, dispose of or possess any firewood containing nails, 
screws, or other metal hardware;
    i. Dump gray or wastewater at the Recreation Area; or
    j. Use Sand Mountain Recreation Area without paying the user fee.
Sec. 4  Penalties
    Under the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
1733(a)), any person failing to comply with these supplementary rules 
may be subject to imprisonment for not more than 12 months, or a fine 
in accordance with the applicable provisions of 18 U.S.C. 3571, other 
penalties in accordance with 43 U.S.C. 1733, or both.
Sec. 5  Administrative and Emergency Use
    These supplementary rules do not apply to emergency or law 
enforcement personnel, or BLM employees engaged in the performance of 
their official duties.

Supplementary Rules for the Walker Lake Recreation Area

Sec. 1  Motor Vehicle Rules
    a. No person shall operate any motorized vehicle in excess of 25 
mph on any maintained road within the Recreation Area, or in excess of 
15 mph within any designated camping area.
    b. No person shall drink an alcoholic beverage, or have in their 
possession or on their person any open container that contains an 
alcoholic beverage, while operating in or on a motorized vehicle.
Sec. 2  Developed Recreation Site
    The following lands are designated as the developed recreation site 
as defined in 43 CFR 8360.0-5(c). Includes all public land east of U.S. 
Route 95 to Walker Lake within:

Mt. Diablo Meridian

T. 10 N., R 29 E.,
    Sec. 29;
    Sec. 32:

    Rules stated in 43 CFR 8365.2 apply to this area.
Sec. 3  Other Restrictions on Recreation Use
    No person shall operate or use any audio equipment, such as a 
radio, television, musical instrument, or other noise producing device, 
or motorized equipment, between the hours of 12 a.m. and 6 a.m. in a 
manner that makes unreasonable noise that disturbs other visitors; or 
operate or use a public address system without written authorization 
from the Field Office Manager.
Sec. 4  Prohibited Acts
    You must not:
    a. Operate a motorized vehicle in excess of the posted speed limit;
    b. Drink an alcoholic beverage, or have in your possession or on 
your person any open container that contains an alcoholic beverage, 
while operating in or on a motorized vehicle;
    c. Discharge any firearms, fireworks, or projectiles.
    f. Make any unreasonable noise that disturbs other visitors between 
the hours of 12 a.m. and 6 a.m. as described in Sec. 6a. of these 
supplementary rules.
    g. Possess or use any glass cup or bottle, empty or not, used for 
carrying any liquid for drinking purposes;
    h. Bring in, dispose of or possess any firewood containing nails, 
screws, and other metal hardware.
    i. No dumping of gray or wastewater at Sand Mountain Recreation 
Area.
Sec. 5  Penalties
    Under the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
1733(a)), any person failing to comply with these supplementary rules 
may be subject to imprisonment for not more than 12 months, or a fine 
in accordance with the applicable provisions of 18 U.S.C. 3571, other 
penalties in accordance with 43 U.S.C. 1733, or both.

[[Page 54462]]

Sec. 6  Administrative and Emergency Use
    These supplementary rules do not apply to emergency or law 
enforcement personnel, or BLM employees engaged in the performance of 
their official duties.

[FR Doc. 02-21395 Filed 8-21-02; 8:45 am]
BILLING CODE 4310-HC-P