[Federal Register Volume 68, Number 58 (Wednesday, March 26, 2003)]
[Notices]
[Pages 14692-14694]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-7170]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[OR-116-2822-JL-P124, OR-116-2822-JL-P158; HAG03-0076]


Temporary Road Closure and Supplementary Rules for Public Lands 
in Jackson County, Oregon

AGENCY: Medford District Office, Bureau of Land Management, Interior.

ACTION: Closure and Interim Final Supplementary Rules.

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SUMMARY: The Bureau of Land Management (BLM) is publishing this closure 
notice and these interim final supplementary rules regulating motorized 
and mechanized vehicle use on specific public lands in Jackson County, 
Oregon. These public lands are within and in the immediate vicinity of 
the recent fire areas labeled the Squires Peak Fire and the East 
Antelope Fire. This action is necessary for public safety and to 
protect fire-damaged watersheds from further degradation.

DATES: The closures and interim final supplementary rules will be 
effective from March 26, 2003, until June 30, 2006, unless rescinded 
before that date. You may comment on the closures and interim final 
supplementary rules. You must submit your comments to BLM at the 
appropriate address below on or before May 27, 2003. BLM will not 
necessarily consider any comments received after the above date in 
making its decisions on the final supplementary rules.

ADDRESSES: Mail or personal delivery: Field Office Manager, Ashland 
Field Office, Bureau of Land Management, 3040 Biddle Road, Medford, 
Oregon 97504. Email response: [email protected].

FOR FURTHER INFORMATION CONTACT: John Samuelson, Ashland Field Office, 
Bureau of Land Management, 3040 Biddle Road, Medford, Oregon 97504 or 
telephone 541-618-2313. Persons who use a telecommunications device for 
the deaf (TDD) may contact this individual by calling the Federal 
Information Relay Service (FIRS) at (800) 877-8339, 24 hours a day, 7 
days a week.

SUPPLEMENTARY INFORMATION

I. Public Comment Procedures

II. Background

III. Discussion of Interim Final Supplementary Rules

IV. Procedural Matters

I. Public Comment Procedures

A. How do I comment on the interim final rule?

    If you wish to comment, you may submit your comments by any one of 
several methods.
    (1) You may mail comments to: Field Office Manager, Ashland Field 
Office, Bureau of Land Management, 3040 Biddle Road, Medford, Oregon 
97504.
    (2) You may deliver comments to: Field Office Manager, Ashland 
Field Office, Bureau of Land Management,

[[Page 14693]]

3040 Biddle Road, Medford, Oregon 97504.
    (3) You may email comments to: [email protected].
    If you do not receive a confirmation that we have received your 
electronic message, contact us directly at 541-523-1256.
    Please make your comments on the supplementary rules as specific as 
possible, confine them to issues pertinent to the rules, and explain 
the reason for any changes you recommend. Where possible, your comments 
should reference the specific section or paragraph of the supplementary 
rules that you are addressing.
    BLM may not necessarily consider or include in the Administrative 
Record for the final supplementary rules comments that BLM receives 
after May 27, 2003 or comments delivered to an address other than those 
listed above.

B. May I Review Comments Submitted By Others?

    Comments, including names and street addresses of respondents, will 
be available for public review at the address listed under ADDRESSES: 
Mail or personal delivery'' during regular business hours (7:45 a.m. to 
4:15 p.m.), Monday through Friday, except holidays.
    Individual respondents may request confidentiality, which we will 
honor to the extent allowable by law. If you wish to withhold your name 
or address, except for the city or town, you must state this 
prominently at the beginning of your comment. We will make all 
submissions from organizations or businesses, and from individuals 
identifying themselves as representatives or officials of organizations 
or businesses, available for public inspection in their entirety.

II. Background

    Notice is hereby given that all motorized and mechanized travel is 
prohibited on roads, trails, and public lands in two areas recently 
burned by wildfires. The two areas are: the Squires Peak Fire and the 
East Antelope Fire. The Squires Peak Fire area is located southwest of 
Medford, Oregon, in Jackson County. The East Antelope Fire area is 
located northeast of Ashland, Oregon, also in Jackson County. This 
action is necessary to insure public safety and to prevent additional 
resource damage while restoration and rehabilitation activities proceed 
in the two affected areas.
    This rule includes the following roads and public lands within the 
perimeter of the Squires Peak Fire:
    All public lands within the fire perimeter are located in Section 
31, T. 38 S., R. 2 W., Sections 35 and 36, T. 38 S., R. 3 W., Sections 
5, 6, 7, and 8, T. 39 S., R. 2 W., and Sections 1 and 2, T.39 S., R. 3 
W., Willamette Meridian. BLM roads closed are as follows: 39-
3-3.0, 39-2-7.1, 38-3-26.2, 38-2-31.0, and 
38-2-31.1 including those portions outside of the fire 
perimeter. BLM roads remaining open include: 38-3-26.1 and 
28-2-29.0. This area is further designated on the Map titled 
``Squires Peak Fire Restricted Area'', prepared by the Bureau of Land 
Management and dated January 31, 2003.
    The rule also includes all public lands within the fire perimeter 
of the East Antelope Fire: These lands are within the fire perimeter as 
located in Sections 12, 13, and 24, T. 38 S., R. 1 E., and Sections 7, 
17, 18, and 19, T. 38 S., R. 2 E., Willamette Meridian. This area is 
further designated on the Map titled ``East Antelope Fire Restricted 
Area'', prepared by the BLM and dated January 31, 2003.

III. Discussion of Rule

Why is this rule being published as interim final?

    We are making these closures effective immediately because 
significant health and safety risks to the public and danger of further 
damage to fire-damaged and fragile resources require immediate action. 
The significant loss of ground cover and vegetation in these fire areas 
has caused accelerated erosion and potential dangers from water run-off 
and subsequent instability of existing roads, trails, and cross country 
routes. The BLM needs to take immediate and aggressive action to stop 
man-caused damage and to begin stabilizing the fire areas.
    Because of the immediate and ongoing hazards to the public's health 
and safety and because of the need to protect natural resources, we 
find good cause to publish these rules as interim final, effective 
March 26, 2003, and allowing 60 days for public comment.

IV. Procedural Matters

    The principal author of this interim final rule is Richard Drehobl, 
assisted by John Samuelson of the Ashland Resource Area, Medford 
District Office, BLM.

Regulatory Planning and Review (E.O. 12866)

    This rule is not a significant rule and is not subject to review by 
the Office of Management and Budget under Executive Order 12866.
    (1) This rule will not have an effect of $100 million or more on 
the economy. It 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.
    (2) This rule will not create a serious inconsistency or otherwise 
interfere with an action taken or planned by another agency.
    (3) This rule does not alter the budgetary effects or entitlements, 
grants, user fees, or loan programs or the rights or obligations of 
their recipients.
    (4) This rule does not raise novel legal or policy issues.
    The supplementary rules will not affect legal commercial activity, 
but contain rules of conduct for public use of a limited selection of 
public lands.

Regulatory Flexibility Act

    The Department of the Interior certifies that this rule will not 
have a significant economic effect on a substantial number of small 
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). 
The supplementary rules will not affect legal commercial activity, but 
contain rules of conduct for public use of a limited selection of 
public lands.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This rule:
    [sbull] Does not have an annual effect on the economy of $100 
million or more. (See the discussion under Regulatory Planning and 
Review, above.)
    [sbull] Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions. (See the discussion above under the 
Regulatory Flexibility Act.)
    [sbull] Does not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S.-based enterprises to compete with foreign-based enterprises.

Unfunded Mandates Reform Act

    The closures and 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. They do not have a significant or 
unique effect on state, local, or tribal governments or the private 
sector. The closures and rules have no effect on governmental or tribal 
entities. A statement containing the information required by the 
Unfunded Mandates

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Reform Act (2 U.S.C. 1531 et seq.) is not required.

Takings (E.O. 12630)

    In accordance with Executive Order 12630, we find that the closures 
and supplementary rules do not have significant takings implications. 
The enforcement provision interim final does not include any language 
requiring or authorizing forfeiture of personal property or any 
property rights. E.O. 12630 addresses concerns based on the Fifth 
Amendment dealing with private property taken for public use without 
compensation. The two fire areas are both on public land managed by the 
Bureau of Land Management, and any owners of private inholdings are 
specifically excluded from the effect of the closures and rules. 
Therefore no private property is affected. A takings implications 
assessment is not required.

Federalism (E.O. 13132)

    In accordance with Executive Order 13132, we find that the closures 
and supplementary rules do not have sufficient federalism implications 
to warrant the preparation of a federalism summary impact statement. 
The closures and rules do not have substantial direct effects 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 rules do not preempt state law.

Civil Justice Reform (E.O. 12988)

    In accordance with Executive Order 12988, the 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 the Executive Order.

Consultation and Coordination With Indian Tribal Governments (E.O. 
13175)

    In accordance with Executive Order 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.

Paperwork Reduction Act

    The closures and supplementary rules do not contain information 
collection requirements that the Office of Management and Budget must 
approve under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.

National Environmental Policy Act

    The closures and supplementary rules do not constitute a major 
Federal action significantly affecting the quality of the human 
environment. A detailed statement under the National Environmental 
Policy Act of 1969 is not required. [EA prepared?? need to refer to it]

Clarity of This Regulation

    Executive Order 12866 requires each agency to write regulations 
that are easy to understand. We invite your comments on how to make 
this rule easier to understand, including answers to questions such as 
the following:
    (1) Are the requirements in the rule clearly stated?
    (2) Does the rule contain technical language or jargon that 
interferes with its clarity?
    (3) Does the format of the 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?
    (5) Is the description of the rule in the SUPPLEMENTARY INFORMATION 
section of this preamble helpful in understanding the interim final 
rule? What else could we do to make the interim final rule easier to 
understand?
    If you have any comments that concern how we could make this 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].
    The authority for these closures and supplementary rules is found 
in Authority: 43 U.S.C. 1733; 43 CFR 8364.1; and 43 CFR 8365.1-6.
    Sec. 1 Prohibited acts.
    a. Prohibited acts. Within the closed area you must not:
    1. Operate any motorized vehicle.
    2. Operate any mechanized vehicle.
    b. Exemptions. The following are exempt from prosecution under the 
prohibited acts:
    1. Any person operating a motorized vehicle on a publicly 
maintained State or County road;
    2. Any Federal, state or local officers or employees or contractor 
in the scope of their duties;
    3. Members of any organized rescue or fire-fighting force in the 
performance of official duty;
    4. Any private landowners owning property within the fire 
perimeters and exercising rights of ingress/egress to that property 
using existing roads; and
    5. Any person authorized in writing by BLM.
    Sec. 2 Penalties.
    On public lands, 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, any 
person who violates any of these supplementary rules 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.

    Dated: February 12, 2003.
Elaine M. Brong,
Oregon State Director.
[FR Doc. 03-7170 Filed 3-25-03; 8:45 am]
BILLING CODE 4310-33-P