[Federal Register Volume 69, Number 70 (Monday, April 12, 2004)]
[Notices]
[Pages 19222-19224]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8147]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[CA-670-1220-00 PD; G0-00]


Notice of Supplementary Rule for Public Lands in California

AGENCY: Bureau of Land Management, El Centro Field Office, California 
Desert District, Interior.

ACTION: Camping closure of selected Federal lands, Imperial County, CA.

-----------------------------------------------------------------------

SUMMARY: The Bureau of Land Management's (BLM) El Centro Field Office 
is issuing a supplementary camping closure rule. This rule is being 
issued to protect the flat-tailed horned lizard and will apply to the 
public lands within the East Mesa Flat-tailed Horned Lizard Management 
Area and the West Mesa Flat-tailed Horned Lizard Management Area in 
Imperial County, California. Camping will be allowed only in those 
areas within fifty (50) feet of the centerline of an approved route.

FOR FURTHER INFORMATION CONTACT: Lynnette Elser, Resources Branch 
Chief, 1661 So. 4th St., El Centro, CA 92243, (760) 337-4420.

SUPPLEMENTARY INFORMATION:

I. Discussion of the Supplementary Rule

    BLM has determined this rule is necessary to support the Decision 
Record for the Western Colorado Desert Routes of Travel Designation 
(WECO ROT) Plan. Stakeholders participated in the development of this 
plan and have had opportunity to provide comments on this supplementary 
rule through the development of the WECO ROT Plan. This rule is final 
upon publication and applies to public lands described below (all are 
San Bernardino Meridian).

East Mesa Flat-Tailed Horned Lizard Management Area

[East boundary] Beginning in Sec. 31 in T.16S., R.20E. at the 
intersection of Frontage Road and West Levee Road on the north side 
of the All-American Canal, then northwest along the West Levee Road 
(on west levee of Coachella Canal) to Highway 78 (Glamis Highway) in 
Sec. 35 in T.13S., R.17E.;
[North boundary] then west on Highway 78 to the intersection with an 
unnamed dirt road in NW\1/4\NE\1/4\NE\1/4\ Sec. 2 in T.14S., R.16E.;
[West boundary] then south on this dirt road to the intersection 
with BLM Route A181 in Sec. 23 in T.14S., R.16E., then south on BLM 
Route A181 to BLM Route A3410 in Sec. 11 in T.15S., R.16E., then 
eastward and southward on BLM Route A3410 to BLM Route A357 in Sec. 
18 in T.15S., R.17E, then east on BLM Route A357 for about 0.3 miles 
to the west side of Sec. 17

[[Page 19223]]

in T.15S., R.17E., then south on the west side of Sec. 17, 20, 29, 
32 in T.15S., R.17E and Sec. 5, 8, and 17 in T.16S., R.17E to the 
Frontage Road on the north side of Interstate Highway 8 in Sec. 17 
in T.16S., R.17E.;
[South boundary] then east on Interstate 8 Frontage Road to the west 
side of E\1/2\E\1/2\ Sec. 31 in T.16S., R.19E., then due north to 
the northern side of Sec. 31, then east 1.0 miles to the west side 
of E\1/2\E\1/2\ Sec. 32 in T.16S., R.19E., then due south to the 
Frontage Road, then east to the west side of Sec. 36 in T.16S., 
R.19E., then north to the N\1/2\ Sec. 36, then due east 1 mile to 
the east side of Sec. 36, then south to Frontage Road, then east on 
Frontage Road to the West Levee Road.

West Mesa Flat-Tailed Horned Lizard Management Area

[East boundary] Beginning in southeast corner of Sec. 30 in T.14S., 
R.13E. and north along the east side of Sec. 30, 19, 18, and 7 to 
the south side of N\1/2\ of Sec. 7, then west and north around SW\1/
4\NE\1/4\ Sec. 7, then west and north around NW\1/4\NE\1/4\ Sec. 7, 
then west along the north side of N\1/2\ Sec. 7, then north about 
0.15 miles along the east side of Sec. 13 in T.14S., R.12E. to the 
southeast corner of Sec. 12, then in Sec. 12, west and north around 
E\1/2\SE\1/4\, then west and north and east around SW\1/4\NE\1/4\, 
then north along the west side of NE\1/4\NE\1/4\, then in Sec. 1 in 
T.15S, R.12E., north along the west side of SW\1/4\SW\1/4\, then 
west and north around NW\1/4\SE\1/4\, then west and north around 
E\1/2\NW\1/4\, then west to the southeast corner of Sec. 35 in 
T.13S., R.12E., then north along the west side of Sec. 35 to the 
northeast corner of Sec. 35, then west and north around E\1/2\ of 
Sec. 26, then west along the northern side of Sec. 26 W\1/2\, 27, 
and 28 to the intersection with BLM Route SF291 (transmission power 
line service road), then northwest on BLM Route SF291 to the 
northern side of Sec. 28 in T.12S., R.11E., then west on the north 
side of Sec. 28 to the southeast corner of Sec. 20, then north on 
the east side of Sec. 20 to Highway 86, then northwest on Highway 86 
to the northern side of Sec. 20, then west on the northern side of 
Sec. 20 to the southeast corner of Sec. 18 in T.12S., R.11E., then 
north along the east side of Sec. 18 to Highway 78;
[North boundary] then west on Highway 78 to the west side of Sec. 18 
in T.12S., R.10E.;
[West boundary] then south on the west side of Sec. 18 in T.12S., 
R.10E., then west on the north side of Sec. 24 in T.12S., R.9E. to 
the west side of Tarantula Wash, then southeast along the west side 
of Tarantula Wash to the south side of Sec. 24, then east to the 
northwest corner of Sec. 30 in T.12S., R.10E., then south along the 
west side of Sec. 30 and east along the south side of Sec. 30, then 
south on the west side of Sec. 32 and east along the south side of 
Sec. 32 to Carrizo Wash near the northeast corner of Sec. 5 in 
T.13S., R.10E., then south along the west side of Carrizo Wash 
through Sec. 5, 8, 17, 20, 29, and 32 in T.13S., R.10E., and then 
south through Sec. 5, 8, 17, 20, 29, and 32 in T.14S., R.10E. to the 
intersection with BLM Route SF397 in NW\1/4\ Sec. 32 in T.14S., 
R.10E., then southeast on BLM Route SF397 to an unnamed, east-west 
route along the northern side of the SW\1/4\SE\1/4\ Sec. 15 in 
T.15S, R.10E., then west about .25 miles to the boundary of the U.S. 
Navy Target 103 at about the northwest corner of SE\1/4\SE\1/4\ Sec. 
15, then south along the boundary of Target 103 (approximately west 
side of SE\1/4\SE\1/4\ Sec. 15 and E\1/2\E\1/2\ Sec. 22 to the south 
side of Sec. 22 in T.15S, R.10E.;
[South boundary] then (along the boundary of Target 103) east on the 
south side of Sec. 22 and east and south around NW\1/4\ of Sec. 26 
in T.15S, R.10E., then east along the south side of NE\1/4\ of Sec. 
26 and N\1/2\ Sec. 25, in T.15S., R.10E., and N\1/2\ Sec. 30 and 
NW\1/4\ Sec. 19, in T.15S., R. 11E., then north along the east side 
of NW\1/4\ Sec. 19, then north and east around the S\1/2\SW\1/4\ 
Sec. 20, then north along the east side of Sec. 20 and 17, then east 
along the south side of Sec. 9, then north along the east side of 
Sec. 9, then east along the north side of Sec. 10, then north along 
the east side of Sec. 3, in T.15S., R.11E and along the east side of 
Sec. 34 and 27 in T.14S., R.11E, then diagonally from the southeast 
corner to the northwest corner across Sec. 22, the west along the 
north side of Sec. 21, then north on the east side of Sec. 17 to the 
120-ft. contour line, then northwest on this contour line to the 
intersection with BLM Route SF274 in Sec. 17 T.14S., R.11E., then 
northwest on BLM Route SF274 to the intersection with BLM Route 
SF391 in Sec. 6 T.14S., R.11E., then southwest on BLM Route SF391 to 
the boundary of U.S. Navy Target 101 in Sec. 32 T.14S., R.12E., then 
southeast along the boundary of Target 101 to the southwest corner 
of Sec. 34 in T.14S., R.12E., then west on the south side of Sec. 
34, 35, and 36 in T.14S., R.12E., then south along the west side of 
Sec. 30 in T.14S., R. 13E., then along the south side of Sec. 30 to 
the southeast corner of Sec. 30.

II. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    This supplementary rule is not a significant regulatory action and 
is not subject to review by the Office of Management and Budget under 
Executive Order 12866. This supplementary 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. This supplementary rule will not create a 
serious inconsistency or otherwise interfere with an action taken or 
planned by another agency. This supplementary rule does not alter the 
budgetary effects of entitlements, grants, user fees, or loan programs 
or the right or obligations of their recipients; nor does it raise 
novel legal or policy issues. The supplementary rule simply bans 
camping in certain areas in order to protect natural and cultural 
resources.

Clarity of the Regulations

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

National Environmental Policy Act

    BLM prepared an ``Environmental Assessment and Draft Plan Amendment 
for Western Colorado Desert Routes of Travel Designation'' (EA) dated 
October 2002 that anticipates this supplementary rule. This was 
followed by a December 13, 2002, ``Proposed Amendment to the California 
Desert Conservation Area Plan for Western Colorado Desert Routes of 
Travel Designation and Errata Sheet for the Environmental Assessment.'' 
In these documents, BLM found that the supplementary rule would not 
constitute a major Federal action significantly affecting the quality 
of the human environment under section 102(2)(C) of the National 
Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4332(2)(C). The 
Finding of No Significant Impact was signed January 31, 2003. A 
detailed statement under NEPA is not required. 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, to ensure that

[[Page 19224]]

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. 
This supplementary rule simply bans camping in certain areas in order 
to protect natural and cultural resources, and does not affect 
commercial or business activities of any kind. Therefore, BLM has 
determined under the RFA that this supplementary rule would not have a 
significant economic impact on a substantial number of small entities.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    This supplementary rule is not a ``major rule'' as defined at 5 
U.S.C. 804(2). The supplementary rule simply bans camping in certain 
areas in order to protect natural and cultural resources, and does not 
affect commercial or business activities of any kind.

Unfunded Mandates Reform Act

    This supplementary rule does not impose an unfunded mandate on 
State, local, or tribal governments or the private sector of more than 
$100 million per year; nor does it have a significant or unique effect 
on State, local, or tribal governments or the private sector. The 
supplementary rule simply bans camping in certain areas in order to 
protect natural and cultural resources, and does not affect tribal, 
commercial, or business activities of any kind. 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 rule does not represent a government action 
capable of interfering with Constitutionally-protected property rights. 
It simply bans camping in certain areas in order to protect natural and 
cultural resources, and does not affect anyone's property rights. 
Therefore, the Department of the Interior has determined that this rule 
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 rule 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 rule does not come into 
conflict with any state law or regulation. Therefore, in accordance 
with Executive Order 13132, BLM has determined that the supplementary 
rule does 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 this rule will 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

    In accordance with Executive Order 13175, we have found that the 
supplementary rule does not include policies that have tribal 
implications. None of the lands included in this rule affects Indian 
lands or Indian Rights. Coordination was conducted through preparation 
of the WECO ROT Plan with all affected tribes.

Paperwork Reduction Act

    The supplementary rule does 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. The 
information collection requirements contained in this rule are exempt 
from the provisions of the Paperwork Reduction Act of 1995, 44 U.S.C. 
3518(c)(1). Federal criminal investigations or prosecutions may result 
from this rule and are exempt from the Paperwork Reduction Act.

Authors

    The principal author of this supplementary rule is Chief Ranger 
Robert Zimmer.

Supplementary Rule

    Under 43 CFR 8365.1-6, the Bureau of Land Management will enforce 
the following rule on public lands in Imperial County, CA, within the 
jurisdiction of the El Centro Field Office, California Desert District. 
A more detailed explanation as to the need for such a rule may be found 
in the Western Colorado Desert Routes of Travel Designation dated 
October 2002 and signed January 31, 2003.

You must follow this rule:

    1. Within the East and West Mesa Flat-tailed Horned Lizard 
Management Areas, persons may vehicle-camp only within fifty (50) feet 
of the centerline of approved routes of travel as identified in the 
Western Colorado Desert Routes of Travel Designation Decision Record, 
dated January 31, 2003.
    2. This rule does not supercede other rules or regulations or allow 
camping within any areas where camping is further restricted by other 
rules or regulations.

Penalties

    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 this 
supplementary rule on public lands within the boundaries established in 
the rule, 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.

    Editorial Note: This document was received in the Office of the 
Federal Register on April 6, 2004.


    Dated: December 29, 2003.
J. Anthony Danna,
Acting California State Director.
[FR Doc. 04-8147 Filed 4-9-04; 8:45 am]
BILLING CODE 4392-68-P