[Federal Register Volume 69, Number 227 (Friday, November 26, 2004)]
[Notices]
[Pages 68974-68975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26089]



[[Page 68974]]

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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[WO-120-04-1630-PD]


Proposed Supplementary Rule for the Public Lands Administered by 
the Bureau of Land Management, Arizona State Office, Relating to 
Possession of Open Container of Alcohol While Operating or Riding on/in 
Motor Vehicles

AGENCY: Bureau of Land Management, Interior.

ACTION: Proposed Supplementary Rule.

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SUMMARY: The Bureau of Land Management (BLM) is proposing a 
supplementary rule to apply to the public lands administered by the 
Arizona State Office. The rule addresses the illegal use of alcohol on 
public lands. The BLM needs this supplementary rule to protect natural 
resources and the health and safety of public land users. This 
supplementary rule will allow BLM Law Enforcement Officers to enforce a 
regulation prohibiting the possession of open containers of alcohol 
while operating or riding on/in motor vehicles on public lands in a 
manner consistent with current Arizona State law and BLM California 
supplementary rule.

Dates: Send your comments by January 25, 2005. In developing final 
rules, the BLM may not consider comments postmarked or received in 
person or by electronic mail after this date.

ADDRESSES: Send comments to John McLaughlin, State Staff Ranger, Bureau 
of Land Management, Arizona State Office, 222 N. Central Avenue, 
Phoenix, AZ 85004, (602) 417-9339.

FOR FURTHER INFORMATION CONTACT: Lyle Shaver, Special Agent-in-Charge, 
BLM Arizona State Office, 222 N. Central Avenue, Phoenix, AZ 85004, 
(602) 417-9317.

I. Discussion of the Supplementary Rules

    This proposed supplementary rule would apply to all public lands 
administered by BLM's Arizona State Office, i.e., all public lands in 
Arizona. In keeping with the BLM's performance goal to reduce threats 
to public health and safety and property, this proposed supplementary 
rule is necessary to protect the natural resources and to provide for 
safe public recreation and public health. Alcohol related offenses are 
a growing problem on the public lands. Hundreds of people are injured 
each year while operating or riding on/in motor vehicles on public 
lands. A large percentage of these injury accidents are alcohol 
related. This rule will provide BLM with a tool to increase law 
enforcement efforts related to driving under the influence and 
ultimately reduce the number of alcohol related incidents and deaths.

II. Procedural Information

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 annual 
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. It is directed at preventing unlawful 
personal behavior on public lands for purposes of protecting public 
health or safety.
    This proposed supplementary rule would not create a serious 
inconsistency or otherwise interfere with an action taken or planned by 
another agency. The supplementary rule would not materially alter the 
budgetary effects of entitlements, grants, user fees or loan programs 
or the rights or obligations of their recipients, and would not raise 
novel legal or policy issues. The supplementary rule would merely 
enable BLM law enforcement personnel to enforce a regulation pertaining 
to unlawful possession of an open container of alcohol on public lands 
in a manner that mirrors current State of Arizona law and BLM 
California supplementary rule.

Regulatory Flexibility Act

    Congress enacted the Regulatory Flexibility Act of 1980, as 
amended, 5 U.S.C. 601-612, (RFA) 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 proposed 
here would protect the health and safety of individuals, property, and 
resources on the public lands. Therefore, BLM has determined under the 
RFA that these rules would not have a significant economic impact on a 
substantial number of small entities.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    This proposed supplementary rule would not constitute a ``major 
rule'' as defined at 5 U.S.C. 804(2). Again, the proposed supplementary 
rule only pertains to individuals who may be unlawfully using alcohol 
on the public lands. The proposed rule will assist in the protection of 
the public lands and those who use them, including small business 
concessionaires and outfitters. The proposed supplementary rule would 
have no effect on costs, prices, competition, or commercial use of the 
public lands.

Unfunded Mandates Reform Act

    This proposed supplementary rule would not impose an unfunded 
mandate on State, local, or tribal governments, in the aggregate, or 
the private sector of more than $100 million per year; nor would this 
proposed supplementary rule have significant or unique effect on small 
governments. The supplementary rule would be patterned on Arizona State 
law and the BLM California supplementary rule. Therefore, BLM is not 
required to prepare a statement containing the information required by 
the Unfunded Mandate Reform Act (2 U.S.C. 1531 et seq.)

Executive Order 12630, Governmental Action and Interference With 
Constitutionally Protected Property Rights (Takings)

    The proposed supplementary rule does not have significant takings 
implications, and does not cause the impairment of any property rights. 
The rule would not provide for the surrender or confiscation of any 
legal personal or real property. Therefore, the Department of the 
Interior has determined that the supplementary rule would not require 
preparation of a takings assessment under this Executive Order.

Executive Order 13132, Federalism

    The proposed supplementary rule 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 the 
responsibilities among the various levels of government. The 
supplementary rule applies only to public lands administered by the 
Arizona State Office and does not address jurisdictional issues 
involving the Arizona State government. Therefore, in accordance with 
Executive Order 13132, BLM has determined that the proposed 
supplementary rule does not have sufficient federalism

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implications to warrant preparation of a federalism assessment.

Executive Order 13175, Consultation and Coordination With Indian Tribal 
Governments

    In accordance with E.O. 13175, we have found that this proposed 
supplementary rule would not include policies that have tribal 
implications. Since the rule does not change BLM policy and does not 
involve Indian reservation lands or resources, we have determined that 
the government-to-government relationships should remain unaffected. 
The proposed supplementary rule only prohibits the unlawful possession 
of alcoholic beverages on public lands.

Executive Order 12988, Civil Justice Reform

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

Paperwork Reduction Act

    This proposed 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.

National Environmental Policy Act

    BLM has determined the supplementary rule is 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 supplemental rule does not meet 
any of the ten 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 
exclusion'' 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 
environmental impact statement is required.

Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This proposed supplementary rule is not a significant energy 
action. The rule would not have an adverse effect on energy supplies, 
production or consumption. It only addresses the possession of 
alcoholic beverages on public lands, and has no conceivable connection 
with energy policy.

Author

    The principal author of this supplementary rule is State Staff 
Ranger John McLaughlin of the Arizona State Office, Bureau of Land 
Management, Department of the Interior.
    Under the authority of 43 CFR 8365.1-6 and 43 U.S.C. 1733(a), the 
Arizona State Director, Bureau of Land Management, issues supplementary 
rules for public lands administered by the Arizona State Office.

Supplementary Rule on Possession of Open Containers of Alcoholic 
Beverages on Public Lands

    The Arizona State Office issues this supplementary rule under the 
Federal Land Policy and Management Act (FLPMA), 43 U.S.C. 1733(a), 
1740, and 43 CFR 8365.1-6.
    No person shall have in their possession, or on their person, an 
open container that contains an alcoholic beverage while operating or 
riding on/in a motor vehicle or off-road vehicle on public lands 
administered by the BLM, Arizona State Office.

1. Definitions

    The following definitions will apply to the proposed supplementary 
rule, unless modified within a specific part or regulation:
    a. A motor vehicle is defined as any self-propelled device in, 
upon, or by which a person is or may be transported, including a 
vehicle that is propelled by electric power. Exempt from this 
definition are motorized wheelchairs. ``Off-road vehicle'' is defined 
in 43 CFR 8340.0-5(a).
    b. Operator means any person who operates, drives, controls, or 
otherwise has charge of a mechanical mode of transportation or any 
other mechanical equipment.
    c. Public lands means any lands and interests in lands owned by the 
United States and administered by the Secretary of the Interior through 
the Bureau of Land Management without regard to how the United States 
acquired ownership. This includes, but is not limited to, a paved or 
unpaved parking lot or other paved or unpaved area where vehicles are 
parked or areas where the public may drive a motorized vehicle, paved 
or unpaved roads, roads, routes or trails.
    Open container means any bottle, can, jar or other receptacle that 
contains alcohol and that has been opened, has had its seal broken or 
the contents of which have been partially removed.

2. Limitations

    a. This section does not apply to:
    i. An open container stored in the trunk of a motor vehicle or, if 
a motor vehicle is not equipped with a trunk, an open container stored 
in some other portion of the motor vehicle designed for the storage of 
luggage and not normally occupied by or readily accessible to the 
operator or passengers; or
    ii. An open container stored in the living quarters of a motor home 
or camper; or
    iii. Unless otherwise prohibited, an open container carried or 
stored in a motor vehicle that is parked and the vehicle's occupant(s) 
are camping.
    iv. For the purpose of paragraph (a)(i) of this section, a utility 
compartment or glove compartment is deemed to be readily accessible to 
the operator and passengers of a motor vehicle.
Penalties
    Under the Federal Land Policy and Management Act of 1976 43 U.S.C. 
1733(a), and the Sentencing Reform Act of 1984, as amended, 18 U.S.C. 
3551, 3571, persons who violate this restriction are subject to arrest 
and, upon conviction, may be fined up to $100,000 and/or imprisoned for 
not more than 12 months.

Elaine Y. Zielinski,
State Director, Arizona.
[FR Doc. 04-26089 Filed 11-24-04; 8:45 am]
BILLING CODE 4310-HC-P