[Federal Register Volume 68, Number 16 (Friday, January 24, 2003)]
[Notices]
[Pages 3546-3548]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-1541]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

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


Notice of Final Supplementary Rules on Public Lands in Utah

AGENCY: Bureau of Land Management, Interior.

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

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SUMMARY: The Bureau of Land Management (BLM) is issuing final 
supplementary rules to apply to the public lands within the Little 
Sahara Special Recreation Management Area, Fillmore Field Office, Utah. 
The rules are necessary for the management of actions, activities, and 
public use on certain public lands 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 Special Recreation Management Area.

EFFECTIVE DATE: February 24, 2003.

ADDRESSES: Mail: Bureau of Land Management, 35 E 500 N, Fillmore, Utah 
84631. Personal or messenger delivery: 35 E 500 N, Fillmore, Utah 
84631.

FOR FURTHER INFORMATION CONTACT: Ferris Clegg, Bureau of Land 
Management, Richfield Field Office, 150 East 900 North, Richfield, Utah 
84701. Telephone (435)896-1500.

SUPPLEMENTARY INFORMATION:

I. Publication of Proposed Supplementary Rules and Discussion of 
Comments

    The proposed supplementary rules for the Little Sahara Special 
Recreation Management Area were published in the Federal Register on 
August 22, 2002 (67 FR 54456), and allowed 30 days for public comment.
    We received no comments on the proposed supplementary rules. 
Therefore, we are publishing them as final supplementary rules without 
change, except for the following:
    (1) We are correcting typographical or printing errors that 
appeared in the proposed supplementary rules;
    (2) We are editorially changing the heading of Sec. 3.0 from 
``Permits and Fees'' to ``Fees and Contracts,'' which better reflects 
the contents of the following two sections; and
    (3) We are adding to Sec. 1.2 the requirement that drivers must 
have either a valid motor vehicle operator's license or a safety 
certificate issued by the Utah Division of Parks and Recreation. We 
also removed the erroneous requirement in this section of the proposed 
supplementary rules that a child must be 8 years old or older to ride 
as a passenger on an OHV. These are not policy changes, but rather 
amendments to conform with Utah State law and rules (The Utah Off-
Highway Vehicle Act, and The Utah Board of Parks and Recreation Rules, 
41-22-30. Supervision, Safety Certificate, or Driver License Required--
Penalty).

[[Page 3547]]

II. Discussion of the Supplementary Rules

    The Utah State Director of the Bureau of Land Management is 
establishing these supplementary rules under 43 CFR 8365.1-6. They are 
necessary for the protection of persons, property and public lands and 
resources within--
    [sbull] The Little Sahara Special Recreation Management Area,
    [sbull] Lands acquired for inclusion in the Little Sahara Special 
Recreation Management Area, and
    [sbull] All lands that may be incorporated into the Little Sahara 
Special Recreation Management Area.
    These rules are in addition to and supplement the regulations 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, 
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\;
    Sec. 25 to 29, inclusive;
    Sec .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 million 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. These 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 rights 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 laws where 
appropriate on public lands.

National Environmental Policy Act

    BLM has prepared an environmental assessment (EA) and has found 
that the supplementary rules do 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 supplementary rules will enable BLM law 
enforcement personnel to cite persons not obeying the rules of the 
Little Sahara Special 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.

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 will have a 
significant economic impact, either detrimental or beneficial, on a 
substantial number of small entities. The 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 supplementary rules will 
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 in SBREFA (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 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. 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 supplementary rules do not represent a governmental 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 
will not cause a taking of private property or require further 
discussion of takings implications under this Executive Order.

Executive Order 13132, Federalism

    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. 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 supplementary rules do not have 
sufficient Federalism

[[Page 3548]]

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 supplementary rules will not unduly burden the 
judicial system and that they meet the requirements of sections 3(a) 
and 3(b)(2) of the Order.

Executive Order 13175, Consultation and Coordination With Indian Tribal 
Governments

    In accordance with E.O. 13175, we have found that this final rule 
would not include policies that have tribal implications. The rule 
would not affect lands held for the benefit of Indians, Aleuts, and 
Eskimos. The rule would apply only to persons driving OHVs on certain 
public lands in Utah.

Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This rule is not a significant energy action. It will not have an 
adverse effect on energy supplies. It will have no discernible effect 
on the production or sale of energy minerals, and any effect on the 
consumption of such minerals, either in manufacturing OHV equipment or 
traveling to OHV areas, will be imperceptible, since the provision 
should not have a measurable effect on either activity.

Paperwork Reduction Act

    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.

Author

    The principal author of these supplementary rules is Ferris Clegg 
of the Fillmore Field Office, assisted by Ted Hudson of the Regulatory 
Affairs Group, Washington Office, BLM.

    Dated: October 17, 2002.
Sally Wisely,
State Director.

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, and you must carry on 
your person either a valid motor vehicle operator's license or the 
appropriate safety certificate issued by the Utah Division of Parks 
and Recreation, to operate an off-highway vehicle within the Little 
Sahara Special Recreation Management Area.
    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 give 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. 2.0 Prohibited Acts

Sec. 2.1 Government Property

    You 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 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 Fees and Contracts

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. You 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, valid, 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. 03-1541 Filed 1-23-03; 8:45 am]
BILLING CODE 4310-DQ-P