[Federal Register Volume 69, Number 115 (Wednesday, June 16, 2004)]
[Notices]
[Pages 33653-33655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-13571]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[CA-930-04-1150-JP]


Notice of Proposed Supplementary Rules for Public Land on Quail 
Ridge, Napa County, CA

AGENCY: Bureau of Land Management (BLM), Interior.

ACTION: Notice of proposed supplementary rules.

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SUMMARY: BLM is proposing supplementary rules to prohibit the use of 
firearms and paintball weapons on 4 parcels of public land within the 
Quail Ridge Area, Napa County, California. The purpose of prohibiting 
the use of firearms and paintball weapons on these 4 small land parcels 
is to eliminate the risk to BLM and the Federal Government of firearm 
accident liability. The second purpose is to ensure that BLM is in 
compliance with a 1991 multi-landowner signed memorandum of agreement 
that established management practices at Quail Ridge.

DATES: You should submit your comments by July 16, 2004. In developing 
final supplementary rules, BLM may not consider comments postmarked or 
received in person or by electronic mail after this date.

ADDRESSES: Mail: Bureau of Land Management, Ukiah Field Office, 2550 
North State Street, Ukiah, CA 95482.
    Personal or messenger delivery: Bureau of Land Management, Ukiah 
Field Office, 2550 North State Street, Ukiah, CA 95482.
    Internet e-mail: [email protected]. (Include ``Attn: Walter 
Gabler'')

FOR FURTHER INFORMATION CONTACT: Walter Gabler, Law Enforcement Ranger 
707-468-4090, or by e-mail at [email protected].

SUPPLEMENTARY INFORMATION: BLM manages 4 parcels at Quail Ridge: one is 
360 acres, one is 78.38 acres, and the other two are 40 acres each. 
None of the parcels is contiguous to any of the others, and none of 
them has legal public access. The major land owners in this region, 
including the University of California at Davis, California Department 
of Fish and Game, Bureau of Reclamation, and all but 2 private land 
owners, have prohibited the use of firearms and paint ball weapons on 
their property. The lands subject to the proposed supplementary rules 
are described as follows: Mt. Diablo Meridian, Township 7 North Range 3 
West Section 1, W\1/2\ Lot 2 in the NE\1/4\, 38.38 acres; Section 1, 
W\1/2\ Lot 1 in the NE\1/4\, 40 Acres; Section 2, SE\1/4\NE\1/4\, 40 
Acres; Township 8 North Range 3 West Section 25, SE\1/4\NE\1/4\, S\1/
2\NW\1/4\, SW\1/4\, W\1/2\SE\1/4\, 360 Acres; Section 26, SE\1/4\NE\1/
4\, 40 acres; Section 35, NE\1/4\NE\1/4\, 40 acres.
    BLM proposes these supplementary rules under the authority of 43 
CFR 8365.1-6. Any person who fails to comply with the supplementary 
rules may be subject to the penalties provided in 43 CFR 8360.0-7.

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: www.blm.gov. You may also comment 
via the Internet to: [email protected]. (Include ``Attn: Walter 
Gabler''). Please also include 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 
707-468-4000.

Written Comments

    Written comments on the proposed supplementary rules should be 
specific, confined to issues pertinent to the proposed 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 that 
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 
(2550 North State Street, Ukiah, CA 95482) during regular business 
hours (7:45 a.m. to 4:30 p.m.,), Monday through Friday, except Federal 
holidays. Individual respondents may request confidentiality. If you 
wish to request that BLM consider withholding your

[[Page 33654]]

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 not consider anonymous comments. 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

    These supplementary rules would apply to the public lands within 
the Mt. Diablo Meridian, Township 7 North Range 3 West Section 1, W\1/
2\ Lot 2 in the NE\1/4\, 38.38 acres; Section 1, W\1/2\ Lot 1 in the 
NE\1/4\, 40 Acres; Section 2, SE\1/4\NE\1/4\, 40 Acres; Township 8 
North Range 3 West Section 25, SE\1/4\NE\1/4\, S\1/2\NW\1/4\, SW\1/4\, 
W\1/2\SE\1/4\, 360 Acres; Section 26, SE\1/4\NE\1/4\, 40 acres; Section 
35, NE\1/4\NE\1/4\, 40 acres. The supplementary rules would prohibit 
the use of firearms and paintball weapons within the Quail Ridge Area.

III. Procedural Matters

Regulatory Planning and Review (E.O. 12866)

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

Regulatory Flexibility Act

    The Department of the Interior certifies that these supplementary 
rules 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 sea.). The supplementary rules merely contain rules of conduct 
for public use of a limited selection of public lands.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    These supplementary rules are not major under 5 U.S.C. 804(2), the 
Small Business Regulatory Enforcement Fairness Act. The rules:
    Do not have an annual effect on the economy of $100 million or 
more.
    Will not cause a major increase in costs or prices for consumers, 
individual industries, Federal, State, or local government agencies, or 
geographic regions.
    Do 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

    These 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 rules 
have no effect on governmental or tribal entities. The supplementary 
rules would impose no requirements on any of these entities. A 
statement containing the information required by the Unfunded Mandates 
Reform Act (2 U.S.C. 1531 et seq.) is not required.

National Environmental Policy Act

    BLM has determined that these proposed supplementary rules, which 
would prohibit discharge of firearms and paintball weapons in public 
lands on Quail Ridge, qualify as policies, directives, regulations, or 
guidelines of an administrative, financial, legal, technical, or 
procedural nature. The subject area would still be open to other uses. 
The restriction would improve the protection of the resources. 
Therefore, they are categorically excluded from environmental review 
under section 102(2)(C) of the National Environmental Policy Act, 
pursuant to 516 Departmental Manual (DM), Chapter 2, Appendix 1. In 
addition, the interim final supplementary 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 which do not individually or 
cumulatively have a significant effect on the human environment and 
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.

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. The rules would apply only on public lands and would not affect 
the real or personal property of any individual or entity. Therefore, 
the Department of the Interior has determined that the supplementary 
rules would not cause a taking of private property or require further 
discussion of takings implications under this Executive Order.

Executive Order 13132, Federalism [Replaces Executive Orders 12612 and 
13083.]

    The proposed supplementary rules would 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 rules would impose no requirements on states or have any 
effect on Federal-state relations. Therefore, in accordance with 
Executive Order 13132, BLM has determined that these proposed 
supplementary 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 supplementary rules would not unduly 
burden the judicial system and that they meet 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 these 
supplementary rules do not include policies that have tribal 
implications. The supplementary rules would impose

[[Page 33655]]

no requirements on tribes or tribal governments or have any effect on 
Federal-tribal relations. The prohibitions in the supplementary rules 
would apply equally to all persons, including Indian individuals, who 
visit or use the parcels of public land on which they apply.

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 these supplementary rules is Walter Gabler, 
Law Enforcement Ranger at the Bureau of Land Management, Ukiah Field 
Office, California.
    BLM proposes the following supplementary rules:

Supplementary Rules for Public Land on Quail Ridge, Napa County, 
California

    Sec. 1 Prohibited acts.
    a. You must not discharge firearms of any kind on public lands on 
Quail Ridge, Napa County, California.
    b. You must not discharge paintball weapons on public lands on 
Quail Ridge, Napa County, California.
    Sec. 2 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 these 
supplementary rules on public lands within the boundaries established, 
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: June 9, 2004.
Rich Burns,
Field Manager, BLM Ukiah California.
[FR Doc. 04-13571 Filed 6-15-04; 8:45 am]
BILLING CODE 4310-40-M