[Federal Register Volume 68, Number 224 (Thursday, November 20, 2003)]
[Notices]
[Pages 65471-65473]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-28960]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[CA 670 1232 FH]


Notice of Proposed Supplementary Rules on Public Land in 
California

AGENCY: Bureau of Land Management, Interior.

ACTION: Supplementary rules for payment of special recreation permit 
fees immediately upon arrival at the Imperial Sand Dunes Recreation 
Area.

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SUMMARY: The Bureau of Land Management (BLM)'s El Centro Field Office 
is proposing supplementary rules. These rules will apply to the public 
lands within the El Centro Resource Field Office, California Desert 
District, Imperial County, California. The supplementary rules require 
the payment of special recreation permit fees immediately upon arrival. 
Any primary vehicle while on public lands within the Planning Area 
Boundary or the recreation area must display a weekly or seasonal 
permit for the areas described above. The rules are needed in order to 
enhance the Imperial Sand Dunes Recreation Fee Program and to provide 
revenue for resource protection and for public health and safety.

DATES: You should submit your comments by December 22, 2003. In 
developing final rules, BLM may not consider comments postmarked or 
received in person or by electronic mail after this date.

ADDRESSES:
    Mail: Bureau of Land Management, El Centro Field Office, 1661 S. 
4th St., El Centro, CA 92243.
    Personal or messenger delivery: Bureau of Land Management, El 
Centro Field Office, 1661 S. 4th St., El Centro, CA 92243.
    Internet e-mail: [email protected].

FOR FURTHER INFORMATION CONTACT: Neil Hamada, Dunes Manager, Imperial 
Sand Dunes Recreation Area, Bureau of Land Management, El Centro Field 
Office, 1661 S. 4th St., El Centro, CA 92243 , (760) 337-4451.

SUPPLEMENTARY INFORMATION:

I. Public Comment Procedures.
II. Discussion of the Supplementary Rules.
III. Procedural Matters.

[[Page 65472]]

I. Public Comment Procedures

Electronic Access and Filing Address

    You may view an electronic version of these proposed supplementary 
rules at BLM's Internet Home page: http://www.blm.gov. You may also 
comment via the Internet to (insert local comment Web site). Please 
also include ``Attention: {insert RIN number{time} '' and your name and 
return address in your Internet message. If you do not receive a 
confirmation from the system that we have received your Internet 
message, contact us directly at (phone number).

Written Comments

    Written comments on the proposed supplementary rules should be 
specific, confined to issues pertinent to the proposed supplementary 
rules, and should explain the reason for any recommended change. Where 
possible, comments should reference the specific section or paragraph 
of the proposal you are addressing. BLM may not necessarily consider or 
include in the Administrative Record for the final supplementary rules 
comments BLM receives after the close of the comment period (see DATES) 
or comments delivered to an address other than those listed above (see 
ADDRESSES).
    Comments, including names, streets addresses, and other contact 
information of respondents, will be available for public review at El 
Centro Field Office, 1661 S. 4th St., El Centro, CA 92243, during 
regular business hours (7:45 a.m. to 3:45 p.m.), Monday through Friday, 
except Federal holidays. Individual respondents may request 
confidentiality. If you wish to request that BLM consider withholding 
your name, street address, and other contact information (such as: 
Internet address, Fax or phone number) from public review or from 
disclosure under the Freedom of Information Act, you must state this 
prominently at the beginning of your comment. BLM will honor requests 
for confidentiality on a case-by-case basis to the extent allowed by 
law. BLM will make available for public inspection in their entirety 
all submissions from organizations or businesses, and from individuals 
identifying themselves as representatives or officials of organizations 
or businesses.

II. Discussion of the Supplementary Rules

    The El Centro Field Office is proposing supplementary rules for the 
Imperial Sand Dunes Recreation Area (ISDRA), as provided for in the 
Visitor Services regulations of the Bureau of Land Management (BLM). 
The supplementary rules would require the payment of special recreation 
permit fees immediately upon arrival. Any primary vehicle while on 
public lands within the Planning Area Boundary or the recreation area 
would be required to display a weekly or seasonal permit for the areas 
described below. The supplementary rules are not inconsistent with the 
preferred alternative in the Imperial Sand Dunes Recreation Area 
Management Plan. Special Recreation Permit fees were initially 
implemented in January 1999. Supplementary rules were published on 
December 17, 1998 (63 FR 69646), to establish those fees. The new 
supplementary rules only clarify the existing rules, and are intended 
to be appended to the 1998 supplementary rules. They are written only 
to clarify when the public pays their special recreation permit fee. 
The rules are consistent with the proposed Imperial Sand Dunes 
Recreation Area Management Plan (RAMP). The RAMP's objectives are to 
provide a safe and enjoyable experience to the public visiting the 
dunes and the BLM employees and volunteers maintaining the natural 
resources. The goals are to reduce or eliminate assaults, drug use, 
driving under the influence of drugs or alcohol, theft, and any unruly 
behavior that may lead to any of these, and to encourage users to obey 
all safety rules and regulations, so as to prevent accidents. The 
implementation of special recreation permit fees in the dunes will 
provide the resources necessary to meet these goals and objectives.
    These supplementary rules will apply to the public lands within the 
area identified in the Imperial Sand Dunes Recreation Area Management 
Plan as the Planning Area Boundary, Mammoth Wash Management Area, North 
Algodones Dunes Wilderness Management Area, Gecko Management Area, 
Glamis Management Area, Adaptive Management Area, Ogilby Management 
Area, Dune Buggy Flats Management Area, and the Buttercup Management 
Area. BLM has determined these supplementary rules necessary to enhance 
the Imperial Sand Dunes Recreation Fee Program and to provide revenue 
for resource protection and for public health and safety.

III. Procedural Matters

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. The supplementary rules will not have an effect 
of $100 million or more on the economy. They are not intended to affect 
commercial activity, but merely clarify when a fee that is already 
charged must be paid.
    The supplementary rules 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. The proposed supplementary rules will not create a serious 
inconsistency or otherwise interfere with an action taken or planned by 
another agency. The supplementary rules will not alter the budgetary 
effects of entitlements, grants, user fees, or loan programs or the 
right or obligations of their recipients; nor will they raise novel 
legal or policy issues.

Clarity of the Supplementary Rules

    Executive Order 12866 requires each agency to write regulations 
that are simple and easy to understand. We invite your comments on how 
to make the proposed supplementary rules easier to understand, 
including answers to questions such as the following:
    (1) Are the requirements in the proposed supplementary rules 
clearly stated?
    (2) Do the proposed supplementary rules contain technical language 
or jargon that interferes with their clarity?
    (3) Does the format of the proposed supplementary rules (grouping 
and order of sections, use of headings, paragraphing, etc.) aid or 
reduce their clarity?
    (4) Would the supplementary rules be easier to understand if they 
were divided into more (but shorter) sections?
    (5) Is the description of the proposed supplementary rules in the 
SUPPLEMENTARY INFORMATION section of this preamble helpful in 
understanding the proposed supplementary rules? How could this 
description be more helpful in making the supplementary rules easier to 
understand?
    Please send any comments you have on the clarity of the 
supplementary rules to the address specified in the ADDRESSES section.

National Environmental Policy Act

    BLM has determined that these proposed supplementary rules 
requiring the payment of special recreation permit fees immediately 
upon arrival at Imperial Sand Dunes Recreation Area and certain other 
locations are purely administrative in nature. Therefore, they are 
categorically excluded from environmental review under section

[[Page 65473]]

102(2)(C) of the National Environmental Policy Act, pursuant to 516 
Departmental Manual (DM), Chapter 2, Appendix 1. In addition, the 
proposed 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 that do not individually or cumulatively have a significant 
effect on the human environment, that have been 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.

Regulatory Flexibility Act

    Congress enacted the Regulatory Flexibility Act (RFA) 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. The supplementary rule does not 
pertain specifically to commercial or governmental entities of any 
size, but to public recreational use of specific public lands. It 
merely makes clear when a fee that is already charged must be paid. 
Therefore, BLM has determined under the RFA that the proposed 
supplementary rules would not have a significant economic impact on a 
substantial number of small entities.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    The supplementary rules do not constitute a ``major rule'' as 
defined at 5 U.S.C. 804(2). Again, the supplementary rules merely 
clarify when a fee that is already charged must be paid. The 
supplementary rules have no effect on business--commercial or 
industrial--use of the public lands.

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. They merely clarify when a fee that is already charged must be 
paid. Therefore, the Department of the Interior has determined that the 
proposed 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 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. They merely clarify when a fee that is 
already charged must be paid. Therefore, in accordance with Executive 
Order 13132, BLM has determined that these proposed rules do not have 
sufficient Federalism implications to warrant preparation of a 
Federalism Assessment.

Executive Order 12988, Civil Justice Reform

    Under Executive Order 12988, the Office of the Solicitor has 
determined that these proposed rules would not unduly burden the 
judicial system and that it meets the requirements of sections 3(a) and 
3(b)(2) of the Order.

Executive Order 13175, Consultation and Coordination With Indian Tribal 
Governments [Replaces Executive Order 13084]

    In accordance with Executive Order 13175, we have found that the 
final supplementary rules do not include policies that have tribal 
implications. They merely clarify when a fee that is already charged 
must be paid.

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 the supplementary rules is Chief Area 
Ranger Robert Zimmer, Bureau of Land Management, El Centro Field 
Office.
Supplementary Rules for Payment of Special Recreation Permit Fees 
Immediately Upon Arrival at the Imperial Sand Dunes Recreation Area
    Under 43 CFR 8365.1-6, the Bureau of Land Management will enforce 
the following supplementary rules on the public lands within the area 
identified as defined in the Imperial Sand Dunes Recreation Area 
Management Plan as the Planning Area Boundary, Mammoth Wash Management 
Area, North Algodones Dunes Wilderness Management Area, Gecko 
Management Area, Glamis Management Area, Adaptive Management Area, 
Ogilby Management Area, Dune Buggy Flats Management Area, and the 
Buttercup Management Area. These lands are within the Imperial Sand 
Dunes Special Recreation Management Area within the lands managed by 
the El Centro Field Office of the California Desert District, 
California. You must follow these rules:
    Sec. 1 When must visitors pay the special recreation permit fees?
    You must pay the special recreation permit fees immediately upon 
arrival.
    Sec. 2 How must permits be displayed?
    Any primary vehicle while on public lands within the Planning Area 
Boundary or the recreation area must display a weekly or seasonal 
permit for the areas described above.
    Sec. 3 What are the penalties for violations of these rules?
    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.

    Dated: October 7, 2003.
Mike Pool,
State Director.
[FR Doc. 03-28960 Filed 11-19-03; 8:45 am]
BILLING CODE 4310-40-P