[Federal Register Volume 70, Number 144 (Thursday, July 28, 2005)]
[Notices]
[Pages 43703-43704]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-14936]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[CA-190-05-1220-PN]


Notice of Seasonal Closure of Certain Public Lands Referred to as 
the Serpentine Area of Critical Environmental Concern (ACEC), Located 
in the Southern Portion of San Benito County and Western Fresno County, 
Central Coast Region of California, to All Types of Motorized and Non-
Motorized Recreation Use

AGENCY: Bureau of Land Management, Department of the Interior.

ACTION: Notice of seasonal closure of public lands.

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SUMMARY: Pursuant to 43 Code of Federal Regulations (CFR) subpart 8364, 
notice is hereby given that the Bureau of Land Management (BLM), 
Hollister Field Office will seasonally restrict public access to 
certain BLM-administered public lands during the period of June 4, 2005 
through October 15, 2005. This seasonal closure is needed to ensure 
visitor safety and protect public land users from potential health 
risks associated with naturally occurring asbestos found within the 
closure area. The BLM may also implement a visitor use permit system to 
control public access during the period October 16-June 1. A permit 
system will provide an opportunity to educate the public on the risks 
related to recreation use in areas of naturally occurring asbestos.

DATES: This seasonal closure is effective from June 4, 2005 through 
October 15, 2005.

ADDRESSES: Bureau of Land Management (BLM) Hollister Field Office, 20 
Hamilton Court, Hollister, California, 95023.

FOR FURTHER INFORMATION CONTACT: George Hill, Assistant Field Manager, 
Telephone: 831-630-5036 Fax: 831-630-5055, during regular business 
hours, 7:30 a.m. to 4 p.m., Monday through Friday, except holidays.

SUPPLEMENTARY INFORMATION: This seasonal closure affects public lands 
located within the 30,000-acre Serpentine Area of Critical 
Environmental Concern (ACEC) situated within the Clear Creek Management 
Area (CCMA). Except for travel on county roads, public access within 
this area will be allowed only by written authorization from the 
Hollister Field Manager. Personnel of the BLM, California Department of 
Fish and Game, U.S. Fish & Wildlife Service, and law enforcement, fire, 
and emergency personnel are exempt from this closure only when 
performing official duties. Operators of communication facilities may 
perform maintenance activities; livestock operators may perform 
permitted activities, and private in-holders may access their private 
property, as approved.
    The CCMA is a popular location for off-highway vehicle (OHV) 
recreation. A variety of other recreation activities also occur within 
the CCMA, including hunting, rock-hounding, wildlife watching, and 
hiking. This is a unique geological area with serpentine soils and a 
suite of rare plants and animals. The type and level of OHV use also 
must be carefully managed to create an environment that promotes the 
health and safety of visitors.
    BLM will be restricting public access during the dry season within 
the CCMA, in response to studies being conducted by the U.S. 
Environmental Protection Agency (EPA), which are analyzing the exposure 
levels of various recreationists to naturally occurring asbestos at the 
CCMA. Studies conducted by EPA in September of 2004 found elevated 
levels

[[Page 43704]]

of airborne asbestos fibers present during various recreation 
activities. This action is also in accordance with the 1995 Final 
Environmental Impact Statement (FEIS) and Resource Management Plan 
Amendment for the CCMA.
    The soil moisture during the time period of June through October is 
at the lowest point and therefore the dust generating potential and 
release of naturally occurring airborne asbestos is greatest. Analysis 
of airborne asbestos exposure reflected in EPA's Technical Memorandum 
issued February 5, 2005, titled ``Human Health Risk Assessment `` 
Asbestos Air Sampling Clear Creek Management Area, California,'' based 
on samples collected September 15, 2004, indicate a higher risk from 
airborne asbestos exposure in CCMA than EPA and BLM previously thought. 
Based on preliminary EPA results, use restrictions in CCMA may be 
needed to reduce risk to the public from asbestos exposure, 
particularly during the dry season.
    Closure Order:
    Pursuant to 43 CFR 8364.1, notice is hereby given that the BLM is 
seasonally restricting access to portions of public lands within the 
Clear Creek Management Area (CCMA) located in the southern portion of 
San Benito County and western Fresno County, California. A closure 
order to this effect was signed on May 25, 2005. All public access, 
including motorized and non-motorized recreation use is restricted on 
public lands within the Serpentine ACEC from June 4, 2005 through 
October 15, 2005. These lands are located in the Mount Diablo Meridian 
in portions of T.17 S., R. 11 E.; T. 17 S., R. 12 E.; T. 18 S., R 11 
E.; T. 18 S., R. 12 E.; T. 18 S., R. 13 E.; T. 19 S., R. 13 E.
    This seasonal closure is necessary to ensure visitor safety and 
protect public land users from potential health risks associated with 
naturally occurring asbestos found within the restricted area. Dry soil 
conditions and high dust generating potential from public use 
activities during this time period create a significant hazard and risk 
associated with exposure to asbestos.
    Except for travel on San Benito County roads, all public access and 
motorized vehicle travel will be allowed only by written authorization 
of the Hollister Field Manager. The following persons are exempt from 
the identified restrictions:
    (1) Federal, State, or local law enforcement officers, while 
engaged in the execution of their official duties.
    (2) BLM personnel or their representatives while engaged in the 
execution of their official duties.
    (3) Any member of an organized rescue, fire-fighting force, or 
emergency medical services organization while in the performance of 
their official duties.
    (4) Any member of a federal, state, or local public works 
department while in the performance of an official duty.
    (5) Any person in receipt of a written authorization of exemption 
obtained from the authorized officer from the Hollister Field Office.
    (6) Private landowners with in-holdings within the restricted area 
who have a responsibility or need to access their property, and persons 
with valid existing rights-of-way or lease operations, or 
representatives thereof.
    During the closure period, the area will be clearly posted. Closure 
signs are posted at main entry points to all locations affected by this 
Notice. Maps of the area are posted with this notice at key locations 
that provide access into the closure areas, and may be obtained with 
further information at the Hollister Field Office, 20 Hamilton Court, 
Hollister, California 95023.
    Seasonal closure orders may be implemented as provided in 43 CFR, 
subpart 8364.1. Violations of this closure are punishable by a fine not 
to exceed $1,000 and/or imprisonment not to exceed 12 months.

    May 25, 2005.
Robert E. Beehler,
Field Manager.
[FR Doc. 05-14936 Filed 7-27-05; 8:45 am]
BILLING CODE 4310-40-P