[Federal Register Volume 70, Number 158 (Wednesday, August 17, 2005)]
[Notices]
[Pages 48438-48440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-16314]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[WO-120-05-1630-PD]


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

AGENCY: Bureau of Land Management, Interior.

ACTION: Final supplementary rule.

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SUMMARY: The Bureau of Land Management (BLM) is publishing a final 
supplementary rule to apply to the public lands administered by the 
Arizona State Office. The final supplementary rule prohibits the 
illegal use of alcohol on public lands. BLM needs the final 
supplementary rule to protect natural resources and the health and 
safety of public land users. The final 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 rules.

DATES: Effective August 17, 2005.

ADDRESSES: Suggestions and inquiries may be sent to Lyle Shaver, 
Special Agent-in-Charge, Bureau of Land Management, Arizona State 
Office, 222 N. Central Avenue, Phoenix, AZ 85004, (602) 417-9317.

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

SUPPLEMENTARY INFORMATION:

I. Discussion of the Final Supplementary Rule

    The final supplementary rule will apply to all public lands 
administered by BLM's Arizona State Office, i.e., all public lands in 
Arizona. In keeping with BLM's performance goal to reduce threats to 
public health and safety and property, the final 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. The final supplementary rule will provide BLM

[[Page 48439]]

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.
    A proposed supplementary rule was published in the Federal Register 
on November 26, 2004, and no comments were received (69 FR 68974). 
Therefore, BLM Arizona State Office is proceeding with the final 
supplementary rule as proposed, with a minor editorial change in the 
definition section for clarity. The definition section in the proposed 
rule seemed to imply that some other provision might change the meaning 
of defined terms. Since that is not the case, we removed the language 
suggesting that possibility.
    BLM finds good cause to make this supplementary rule effective the 
date of publication. The supplementary rule is urgently needed for 
protection of public safety and health, and is non-controversial, as 
demonstrated by the absence of public comments on the proposed 
supplementary rule. The absence of public comments supports a finding 
of good cause because a delay in the effective date of this rule would 
be unnecessary given the level of public interest.

II. Procedural Information

Executive Order 12866, Regulatory Planning and Review

    This final 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. The final 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 and safety.
    The final supplementary rule will not create a serious 
inconsistency or otherwise interfere with an action taken or planned by 
another agency. The final supplementary rule will not materially alter 
the budgetary effects of entitlements, grants, user fees or loan 
programs or the rights or obligations of their recipients, and will not 
raise novel legal or policy issues. The final supplementary rule will 
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 final supplementary rule will 
protect the health and safety of individuals, property, and resources 
on the public lands, including those connected to small businesses, 
organizations, and governments, and will have no effect on legal 
activities of these small entities. 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 final supplementary rule does not constitute a ``major rule'' 
as defined at 5 U.S.C. 804(2). Again, the final supplementary rule only 
pertains to individuals who may be unlawfully using alcohol on the 
public lands. The final rule will assist in the protection of the 
public lands and those who use them, including small business 
concessionaires and outfitters. The final supplementary rule will have 
no effect on costs, prices, competition, or commercial use of the 
public lands.

Unfunded Mandates Reform Act

    This final supplementary rule will not impose an unfunded mandate 
on State, local, or tribal governments, in the aggregate, or the 
private sector of more than $100 million in any year; nor will this 
final supplementary rule have significant or unique effects on small 
governments. The final supplementary rule will 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 Mandates Reform Act at 2 U.S.C. 1532.

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

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

Executive Order 13132, Federalism

    The final 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 the 
responsibilities among the various levels of government. The final 
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 final supplementary 
rule does not have sufficient federalism 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 final 
supplementary rule does 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 final 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 final supplementary 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.

Paperwork Reduction Act

    This final 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 this final 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

[[Page 48440]]

2, Appendix 1. Section 1.4 provides a categorical exclusion for law 
enforcement and legal transactions, including arrests and 
investigations. In addition, the final supplementary 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 final supplementary rule is not a significant energy action. 
The final rule will 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 Lyle Shaver, 
Special Agent-in-Charge, 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 a final 
supplementary rule for public lands administered by the Arizona State 
Office.

Supplementary Rule on Possession of Open Containers of Alcoholic 
Beverages on Public Lands in the State of Arizona

    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 in the 
State of Arizona administered by the BLM, Arizona State Office.

1. Definitions

    The following definitions will apply to the supplementary rule:
    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.
    d. 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, to 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,
Arizona State Director.
[FR Doc. 05-16314 Filed 8-16-05; 8:45 am]
BILLING CODE 4310-32-P