[Federal Register Volume 69, Number 70 (Monday, April 12, 2004)]
[Notices]
[Pages 19227-19228]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8162]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

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


Notice of Supplemental Rule for Public Lands in California

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

ACTION: Supplemental rule; camping rule for selected Federal lands, 
Imperial County, CA.

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SUMMARY: The Bureau of Land Management's (BLM) El Centro Field Office 
is issuing a supplementary camping rule. This rule is being issued to 
protect the flat-tailed horned lizard and will apply to public lands 
within the Yuha Basin Area of Critical Environment Concern (ACEC). 
Camping will only be allowed in the non-Wilderness portions of the ACEC 
within the boundaries of a designated camping area.

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 Routes of Travel Designation (WECO ROT) Plan dated October 
2002 and signed January 31, 2003. 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, T16S, R10E, S25-S28, S33-S36; T16\1/2\S, R10E, S1-S4; 
T17S, R10E, S1-S3, S10-S15, S23-S25; T16S, R11E, S19-S35; T16\1/2\, 
R11E, S1-S6; T17S, R11E, S1-S15, S17-S30; T16S, R12E, S19, S29-S34; 
T16\1/2\S, R12E, S3-S6; T17S, R12E, S1-S15, S17-S30; T17S, R13E, S18-
S19.

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 rules. 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 Environmental 
Protection 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.

[[Page 19228]]

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 authors of this supplementary rule are Chief Ranger 
Robert Zimmer and Supervisory Ranger Robert Haggerty.

III. Supplementary Rule

    Under 43 CFR 8365.1-6, the Bureau of Land Management will enforce 
the following rules on public lands in Imperial County, CA, within the 
Yuha Basin Area of Critical Environmental Concern (ACEC) as identified 
in the Western Colorado Desert Routes of Travel Designation Plan, El 
Centro Field Office, California Desert District. A more detailed 
explanation as to the need for such rules 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. No person may camp outside the established campgrounds within 
the non-Wilderness Areas of the Yuha Basin Area of Critical 
Environmental Concern.
    2. The established campgrounds are described as follows:
    a. Dunaway Campground: SBM, T16S, R11E, S24, W\1/2\ (within); 
located off BLM Route 357 and approximately 5.9 acres in size. Access 
to this campground is off Dunaway Road, south of Interstate 8.
    b. Shell Beds Campground: SBM, T16S, R11E, S27, W\1/2\ (within); 
located off BLM Route 274 and approximately 22.8 acres in size. Access 
to this campground is from Dunaway Road to BLM Route 274 for 
approximately 2 miles; BLM Route 274 will head towards the right; stay 
left to go to campground.
    c. Overlook Campground: SBM, T16S, R11E, S29, NE\1/4\ (within); 
located directly off BLM Route 274 and approximately 5.1 acres in size. 
Best access to this campground is from Dunaway Road; take BLM Route 274 
to campground.
    d. De Anza Campground: SBM, T16\1/2\S, R10E, S2, S\1/2\ (within), 
T17S, R10E, S1, W\1/2\ (within); located off BLM Route 274 and 
approximately 26.9 acres in size. Access to this campground is from 
Highway 98 to BLM Route 274; follow BLM Route 274 for approximately 1 
mile. Campground is along the rim and to the east of BLM Route 274.
    e. Coyote Campground: SBM, T17S, R10E, S23, NE\1/4\ (within); 
located off BLM Route 282 and approximately 22.3 acres in size. Access 
to this campground is from Highway 98 to BLM Route 282; follow BLM 
Route 282 for approximately 3 miles to the campground.
    f. Little Sunrise Campground: SBM, T17S, R11E, S22, NW\1/4\ 
(within); located off BLM Route 389 and approximately 4.5 acres in 
size. Access to this campground is from Highway 98 to BLM Route 389; 
follow BLM Route 389 for approximately 1.5 miles to campground.

IV. 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.
    Editorial Note: This document was received in the Office of the 
Federal Register on April 6, 2004.
[FR Doc. 04-8162 Filed 4-9-04; 8:45 am]
BILLING CODE 4392-68-P