[Federal Register Volume 69, Number 70 (Monday, April 12, 2004)]
[Notices]
[Pages 19225-19227]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8161]


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

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, 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 applies to 
public lands in the Elliot Mine area in Imperial County, CA. This rule 
is being issued in order to protect the flat-tailed horned lizard and 
will continue a current camping closure.

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

I. Discussion of the Supplementary Rule

    This rule is needed 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 within: SBM, T.18S., R.9E., Secs. 5, 7, 8.

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

[[Page 19226]]

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 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 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, El Centro 
Field Office, California Desert District. A more

[[Page 19227]]

detailed explanation as to the need for such a rule may be found in the 
Western Colorado Desert Routes of Travel Designation Decision Record 
signed January 31, 2003.
You must follow this rule:

    1. No person may camp on public lands more than 25 feet from the 
centerline of designated routes in the Elliot Mine area within 
Imperial County, CA. This rule applies to public lands within: SBM, 
T.18S., R.9E., Secs. 5, 7, 8.

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.

    Dated: December 29, 2003.
J. Anthony Danna,
Acting California State Director.
[FR Doc. 04-8161 Filed 4-9-04; 8:45 am]
BILLING CODE 4392-68-P