[Federal Register Volume 70, Number 144 (Thursday, July 28, 2005)]
[Notices]
[Pages 43707-43709]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-14938]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[ES-915-1220-PM]


Notice of Proposed Supplementary Rules for Meadowood Special 
Recreation Management Area, Fairfax County, VA

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of proposed supplementary rules for Visitor Use and 
Permits--Bureau of Land Management-Eastern States (BLM-ES), 
Springfield, Virginia.

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SUMMARY: These proposed supplementary rules, applicable to specified 
public lands administered by BLM, would implement the management 
decisions made in the Meadowood Farm Proposed Program Analysis/
Environmental Assessment, and the Meadowood Integrated Activity 
Management Plan for the Meadowood Special Recreation Management Area 
(SRMA). The purposes of the proposed supplementary rules are to protect 
natural resources and provide for the safety of visitors and property 
on public land located in Fairfax County, Virginia.

DATES: Comments on the proposed supplementary rules must be received or 
postmarked by August 29, 2005 to be assured consideration. In 
developing final supplementary rules, BLM may not consider comments 
postmarked or received in person or by electronic mail after this date.

ADDRESSES: Comments may be mailed or hand-delivered to the BLM-ES Lower 
Potomac Field Station, 10406 Gunston Road, Lorton, Virginia 22079. You 
may also comment via Internet e-mail to: [email protected].

FOR FURTHER INFORMATION CONTACT: Gary Cooper, BLM-ES, Lower Potomac 
Field Station Manager, 10406 Gunston Road, Lorton, Virginia 22079, at 
(703) 339-8009.

SUPPLEMENTARY INFORMATION:

I. Public Comment Procedures

    Written comments on the proposed supplementary rules should be 
specific, confined to issues pertinent to the proposed supplementary 
rules, and should explain the reason for any recommended change. Where 
possible, comments should reference the specific section or paragraph 
of the proposal which the comment is addressing. The comments that the 
BLM receives after the close of the comment period (see DATES), unless 
they are postmarked or electronically dated before the deadline, or 
comments delivered to an address not listed above (see ADDRESSES), may 
not be considered or included in the Administrative Record for the 
final rule.
    Comments, including names, street addresses, and other contact 
information of respondents, will be available for public review at the 
BLM-ES Lower Potomac Field Station, 10406 Gunston Road, Lorton, 
Virginia 22079, during regular business hours, 8 a.m. to 4 p.m., Monday 
through Friday, except Federal holidays. Individual respondents may 
request confidentiality. If you wish to request that the BLM consider 
withholding your 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. The BLM will honor 
requests for confidentiality on a case-by-case basis to the extent 
allowed by law. The BLM will make available for public inspection in 
their entirety all submissions from organizations or businesses and 
their representatives or officials.

II. Background

    The BLM-ES Lower Potomac Field Station staff has developed the 
supplementary rules listed below to implement the management decisions 
made in the Meadowood Farm Proposed Program Analysis/Environmental 
Assessment, and the Meadowood Integrated Activity Management Plan for 
the Meadowood SRMA. These plans were both developed through a series of 
public meetings, and public comment and appeal periods were allowed. No 
protests or appeals were received on the decisions in either document. 
Upon publication of these supplementary rules in final form, the 
Meadowood SRMA will be fully open for the uses and purposes identified 
in the Meadowood Farm Proposed Program Analysis/Environmental 
Assessment, and the Meadowood Special Recreation Management Area 
Integrated Activity Management Plan/Environmental Assessment. The 
publication of this rule will also rescind the temporary closure of 
these public lands as provided in a Federal Register notice on October 
22, 2001 (66 FR 53431).

III. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    These proposed supplementary rules do not constitute a significant 
regulatory action and are not subject to review by the Office of 
Management and Budget under Executive Order 12866. The proposed 
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. These proposed supplementary rules will not create a 
serious inconsistency or otherwise interfere with an action taken or 
planned by another agency. They do not alter the budgetary effects of 
entitlements, grants, user fees, or loan programs or the rights or 
obligations of their recipients, nor do they raise novel legal or 
policy issues. They merely impose rules of conduct and impose other 
limitations on certain recreational activities on certain public lands 
to protect natural resources and human health and safety.

Clarity of the Supplementary Rules

    Executive Order 12866 requires each agency to write regulations 
that are simple and easy to understand. We

[[Page 43708]]

invite your comments on how to make these proposed supplementary rules 
easier to understand, including answers to questions such as the 
following: (1) Are the requirements in the proposed supplementary rules 
clearly stated? (2) Do the proposed supplementary rules contain 
technical language or jargon that interferes with their clarity? (3) 
Does the format of the proposed supplementary rules (grouping and order 
of sections, use of headings, paragraphing, etc.) aid or reduce their 
clarity? (4) Would the supplementary rules be easier to understand if 
they were divided into more (but shorter) sections? (5) Is the 
description of the proposed supplementary rules in the SUPPLEMENTARY 
INFORMATION section of this preamble helpful to your understanding of 
the proposed supplementary rules? How could this description be more 
helpful in making the proposed supplementary rules easier to 
understand? Please send any comments you have on the clarity of the 
supplementary rules to the address specified in the ADDRESSES section.

National Environmental Policy Act

    BLM has prepared an Environmental Assessment (EA), the Meadowood 
Farm Proposed Program Analysis/Environmental Assessment, and has found 
that the proposed supplementary rules 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). A detailed statement 
under NEPA is not required. The 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. The BLM 
invites the public to review these documents.

Regulatory Flexibility Act

    Congress enacted the Regulatory Flexibility Act of 1980 (RFA), 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. These proposed supplementary 
rules should have no effect on business entities of whatever size. They 
merely would impose reasonable restrictions on certain recreational 
activities on certain public lands to protect natural resources and the 
environment, and human health and safety. Therefore, BLM has determined 
under the RFA that these proposed supplementary rules would not have a 
significant economic impact on a substantial number of small entities.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    These proposed supplementary rules do not constitute a ``major 
rule'' as defined at 5 U.S.C. 804(2). They would not result in an 
annual effect on the economy of $100 million or more, in an increase in 
costs or prices, or in significant adverse effects on competition, 
employment, investment, productivity, innovation, or on the ability of 
United States-based enterprises to compete with foreign-based 
enterprises in domestic and export markets. They would merely impose 
reasonable restrictions on certain recreational activities on certain 
public lands to protect natural resources and the environment, and 
human health and safety.

Unfunded Mandates Reform Act

    These proposed supplementary rules do not impose an unfunded 
mandate on State, local, or tribal governments or on the private sector 
of more than $100 million per year; nor do these proposed supplementary 
rules have a significant or unique effect on State, local, or tribal 
governments or the private sector. They would merely impose reasonable 
restrictions on certain recreational activities on certain public lands 
to protect natural resources and the environment, and human health and 
safety. Therefore, the 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 proposed supplementary rules do not represent a government 
action capable of interfering with constitutionally protected property 
rights. The proposed supplementary rules would have no effect on 
private lands or property. Therefore, the Department of the Interior 
has determined that the rule would not cause a taking of private 
property or require preparation of a takings assessment under this 
Executive Order.

Executive Order 13132, Federalism

    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 proposed 
supplementary rules would have no effect on state or local government. 
Therefore, in accordance with Executive Order 13132, the 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 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

    In accordance with Executive Order 13175, we have found that these 
proposed supplementary rules do not include policies that have tribal 
implications.

Paperwork Reduction Act

    These proposed 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 proposed supplementary rules is Gary 
Cooper, Lower Potomac Field Station Manager, Eastern States, Bureau of 
Land Management.
    For the reasons stated in the preamble and under the authorities 
for supplementary rules found under 43 CFR 8341.2, 8364.1, and 8365.1-
6, and 43 U.S.C. 1740, the State Director, Eastern States, Bureau of 
Land Management, proposes to issue supplementary rules for public lands 
managed by the BLM in the Lower Potomac Field Station area to read as 
follows:

Supplementary Rules for Certain Public Lands Managed by the Lower 
Potomac Field Station Office, Bureau of Land Management

    Prohibited Acts within the Meadowood Special Recreation Management 
Area (SRMA) boundary:
    1. You must not hunt unless you are participating in a managed hunt 
following Commonwealth of Virginia hunting regulations, and planned by 
the

[[Page 43709]]

Lower Potomac Field Station Manager (LPFSM).
    2. You must not use fireworks or explosive devices.
    3. You must not enter the Meadowood SRMA between sunset and sunrise 
unless you have a contract or other written permission to board or 
maintain horses at Meadowood. Between sunset and sunrise, persons with 
a boarding contract and their accompanied guests and other persons 
authorized by the LPFSM may enter the boarding facilities and adjacent 
pastures at 10406 Gunston Road only.
    4. You must not swim or bathe in the ponds or streams.
    5. You must not operate motorized vehicles or devices in the SRMA 
unless authorized by the LPFSM, except for the following established 
roads:
    a. From Old Colchester Road to the control line flying circles in 
the west parcel.
    b. From Belmont Boulevard to the visitor parking area.
    c. From Gunston Road to the parking areas at the horse barn and the 
BLM compound. These parking areas are designated for BLM employees and 
contractors, visitors to the Lower Potomac Field Station Office, 
boarders, or their guests only.
    6. You must not enter the fenced pastures at 10406 Gunston Road 
unless you have a contract or other written permission to board or 
maintain horses at Meadowood.
    7. You must not enter into any area posted as closed to entry or 
use.
    8. You must not camp unless authorized by the LPFSM.
    9. You must not use a bicycle except on the roads identified above 
and on designated trails.
    10. You must not store fuel or accelerants.
    11. You must not use control line model airplanes outside of times 
and places designated by the LPFSM.
    12. You must not use model rockets or explosive devices.
    13. You must not use or possess weapons, other than for hunts 
planned by the BLM.

Exception for Official Use of Site

    Federal, State, and local law enforcement officers, government 
employees, and BLM volunteers are exempt from these supplementary rules 
in the course of their official duties. Limitations on the use of 
motorized vehicles do not apply to emergency vehicles, fire suppression 
and rescue vehicles, law enforcement vehicles, and other vehicles 
performing official duties, or as approved by an authorized officer of 
the BLM.

Penalties

    1. Violations of these supplementary rules are punishable as 
follows: By a sentence of incarceration not more than one year, and a 
fine as provided by law under 43 U.S.C. 1733 and 18 U.S.C. 3571.
    2. You may also be subject to civil action for unauthorized use of 
the public lands or related waters and their resources, for violations 
of permit terms, conditions, or stipulations, or for uses beyond those 
allowed by the permit.

Michael D. Nedd,
State Director, Eastern States.
[FR Doc. 05-14938 Filed 7-27-05; 8:45 am]
BILLING CODE 4310-DQ-P