[Federal Register Volume 70, Number 170 (Friday, September 2, 2005)]
[Notices]
[Pages 52440-52443]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17507]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[UT-020-1220-MA]


Establishment of Special Recreation Management Special Recreation 
Permit Fee Area, and Interim Final Supplementary Rules on Public Lands 
Within the Knolls Special Recreation Management Area Managed by the 
Salt Lake Field Office, UT

AGENCY: Bureau of Land Management, Interior.

ACTION: Establishment of Special Recreation Management Special 
Recreation Permit Fee Area, and Interim Final Supplementary Rules with 
request for comments.

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SUMMARY: In accordance with the Knolls Recreation Area Management Plan, 
the Bureau of Land Management (BLM), Salt Lake Field Office, is 
establishing a special recreation permit fee area, and issuing interim 
final supplementary rules and requesting comments. These interim final 
supplementary rules will apply to public lands within the Knolls 
Special Recreation Management Area (SRMA) and will be effective until 
the publication of a final supplementary rule. The BLM has determined 
these interim final supplementary rules are necessary to enhance the 
safety of visitors, protect natural resources, improve recreation 
opportunities, and protect public health.

DATES: The interim final supplementary rules are effective September 2, 
2005. We invite comments until November 1, 2005.

ADDRESSES: Mail or hand deliver all comments concerning the interim 
final supplementary rules to the Bureau of Land Management, Salt Lake 
Field Office, 2370 S. 2300 W. Salt Lake City, Utah 84119 or e-mail 
comments to [email protected].

FOR FURTHER INFORMATION CONTACT: Mandy Rigby, Outdoor Recreation 
Planner, 2370 S. 2300 W. Salt Lake City, Utah 84119, 801-977-4300.

SUPPLEMENTARY INFORMATION:

I. Public Comment Procedures

    Written comments on the interim final supplementary rules should be 
specific, confined to issues pertinent to the interim final 
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. BLM may 
not necessarily consider or include in the Administrative Record for 
the

[[Page 52441]]

final rule comments that 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 other than 
those listed above (See ADDRESSES).
    Comments, including names, street addresses, and other contact 
information of respondents, will be available for public review at the 
Salt Lake Field Office, 2370 S. 2300 W. Salt Lake City, Utah 84119, 
during regular business hours (7:45 a.m. to 3:45 p.m.), Monday through 
Friday, except Federal holidays. Individual respondents may request 
confidentiality. If you wish to request that 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. BLM will honor requests 
for confidentiality on a case-by-case basis to the extent allowed by 
law. 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. Background

    The BLM is establishing these interim final supplementary rules 
under the authority of 43 CFR 8365.1-6, which allows BLM State 
Directors to establish such rules for the protection of persons, 
property, and public lands and resources. This provision allows the BLM 
to issue rules of less than national effect without codifying the rules 
in the Code of Federal Regulations. Upon completion, the rules will be 
available for inspection in the Salt Lake Field Office; the rules will 
be posted at the Knolls Special Recreation Management Area; and they 
will be published in a newspaper of general circulation in the affected 
vicinity. The overall program authority for the operation of this 
recreation site is found in sections 302 and 310 of the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1732, 1740).
    BLM finds good cause to publish these supplementary rules on an 
interim final basis, effective the date of publication, because of 
health and safety concerns due to current off-highway vehicle use 
within the Knolls SRMA. A high amount of visitation is occurring within 
the SRMA, which has led to numerous safety concerns including, but not 
limited to: glass and campfire remains left in sand dune areas, target 
shooting, use of dangerous motorcycle jumps, and excessive motor 
vehicle speed on maintained roads.
    The Knolls SRMA will be established as a fee site requiring the 
issuance of individual Special Recreation Permits. The permit 
requirement and an associated fee payment under 43 CFR 2932.31 will be 
enforced beginning on March 1, 2006.
    The public has been extensively involved in planning for the 
management of the area through the Knolls Recreation Area Management 
Plan (RAMP) process and review under National Environmental Policy Act 
(NEPA). The Knolls RAMP includes a list of the supplementary rules that 
are to be published concerning rules of conduct for public use within 
the SRMA. With the exception of the prohibition of ramps and jumps 
without a permit (see Section II.2 [l] below), all of the interim final 
supplementary rules were identified in the RAMP. The prohibition 
against jumps and ramps is a result of recent incidents of these 
structures being constructed on sand dunes in the SRMA, whose use can 
result in serious injuries and death. The comment period for these 
interim final supplementary rules will allow the public to comment on 
this additional supplementary rule, as well as the supplementary rules 
discussed in the RAMP.
    The Salt Lake Field Office has taken the following steps to involve 
the public in planning for the area and developing the policies 
contained in the interim final supplementary rules:
     As part of the NEPA process, we published public notice of 
the initiation of the Knolls RAMP and the environmental review process 
on July 11, 2003.
     In February 2004, members of the public, affected 
agencies, and interested organizations were notified of the completion 
of Draft Knolls RAMP. Several methods were used to solicit review and 
comments including the mailing of copies of the Draft RAMP, a news 
release issued in local papers and on the Internet, and a mass mailing 
of informational postcards.
     An open house meeting was conducted on February 24, 2004. 
Those attending included members of the public, representatives from 
state and Federal agencies, and off-highway vehicle clubs and 
organizations.
     Comments were accepted through mail, personal delivery, or 
by e-mail. The Draft Knolls RAMP was available for review at the Field 
Office or on the Internet until March 2004. Comments received were 
responded to in the Final Knolls RAMP completed in July 2004.
    Under these circumstances, the BLM finds good cause to issue these 
interim final supplementary rules to allow for the protection of public 
health and safety. The public is now invited to provide additional 
comments on the interim final supplementary rules. See the DATES and 
ADDRESSES sections for information on submitting comments.

III. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    These interim final supplementary rules are not a significant 
regulatory action and are not subject to review by the Office of 
Management and Budget under Executive Order 12866. These interim final 
supplementary rules will not have an effect of $100 million or more on 
the economy. They are not intended to affect commercial activity, but 
contain rules of conduct for public use of a certain recreational area. 
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 
interim final supplementary rules will not create a serious 
inconsistency or otherwise interfere with an action taken or planned by 
another agency. The interim final supplementary rules do not alter the 
budgetary effects of entitlements, grants, user fees, or loan programs 
or the right or obligations of their recipients; nor do they raise 
novel legal or policy issues. They mere impose certain rules on 
recreational activities on a limited portion of the public lands in 
Utah in order to protect human health, safety, and the environment.

Clarity of the Interim Final Supplementary Rules

    Executive Order 12866 requires each agency to write regulations 
that are simple and easy to understand. We invite your comments on how 
to make these interim final supplementary rules easier to understand, 
including answers to questions such as the following:
    (1) Are the requirements in the interim final supplementary rules 
clearly stated?
    (2) Do the interim final supplementary rules contain technical 
language or jargon that interferes with their clarity?
    (3) Does the format of the interim final supplementary rules 
(grouping and order of sections, use of headings, paragraphing, etc.) 
air or reduce their clarity?
    (4) Would the interim final supplementary rules be easier to 
understand if they were divided into more (but shorter) sections?

[[Page 52442]]

    (5) Is the description of the interim final supplementary rules in 
the SUPPLMENTARY INFORMATION section of this preamble helpful in 
understanding the interim final supplementary rules? How could this 
description be more helpful in making the interim final supplementary 
rules easier to understand?
    Please send any comments you have on the clarity of the interim 
final supplementary rules to the address specified in the ADDRESSES 
section.

National Environmental Policy Act

    BLM has prepared an environmental assessment (EA) and has found 
that the interim final 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). The interim final 
supplementary rules merely contain rules of conduct for the Knolls 
SRMA. These rules are designed to protect the environment and the 
public health and safety. A detailed statement under NEPA is not 
required. 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.

Regulatory Flexibility Act

    Congress enacted the Regulatory Flexibility Act (RFA) of 1980, 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. The interim final supplementary 
rules do not pertain specifically to commercial or governmental 
entities of any size, but to public recreational use of specific public 
lands. Therefore, BLM has determined under the RFA that these interim 
final supplementary rules would not have a significant economic impact 
on a substantial number of small entities.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    These interim final supplementary rules do not constitute a ``major 
rule'' as defined at 5 U.S.C. 804(2). The interim final supplementary 
rules merely contain rules of conduct for recreational use of certain 
public lands. The interim final supplementary rules have no effect on 
business, commercial, or industrial use of the public lands.

Unfunded Mandates Reform Act

    These interim final 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; nor do these interim final 
supplementary rules have a significant or unique effect on state, 
local, or tribal governments or the private sector. The interim final 
supplementary rules do not require anything of state, local, or Tribal 
governments. Therefore, 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 interim final supplementary rules do not represent a government 
action capable of interfering with constitutionally protected property 
rights. The interim final supplementary rules do not address property 
rights in any form, and do not cause the impairment of anybody's 
property rights. Therefore, the Department of the Interior has 
determined that these interim final 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

    The interim final supplementary rules 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 
responsibilities among the various levels of government. The interim 
final supplementary rules affect land in only one state, Utah, and do 
not address jurisdictional issues involving the state government. 
Therefore, in accordance with Executive Order 13132, BLM has determined 
that these interim final 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 interim final supplementary rules will not unduly 
burden the judicial system and that they meet the requirements of 
sections 3(a) and 3(b)(2) of the Order.

Consultation and Coordination With Indian Tribal Governments (E.O. 
13175)

    In accordance with Executive Order 13175, we have found that these 
interim final supplementary rules do not include policies that have 
Tribal implications. The interim final supplementary rules do not 
affect lands held for the benefit of Indians, Aleuts, or Eskimos.

Paperwork Reduction Act

    These interim final supplementary rules do not contain information 
collection requirements that the Office of Management and Budget must 
approve under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.

Author

    The principal author of these interim final supplementary rules is 
Mandy Rigby, Outdoor Recreation Planner, Salt Lake Field Office, Bureau 
of Land Management.

Interim Final Supplementary Rules for the Knolls Special Recreation 
Management Area

Sec. 1 Definitions

    Knolls Special Recreation Management Area (SRMA). The Knolls SRMA 
encompasses public lands located in:

T. 1 S., R. 12 W., SLM, Secs. 19-23 south of the railroad grade, and 
26-35.
T. 2 S., R. 12 W., SLM, Secs. 2-11, and 14-18.
T. 1 S., R. 13 W., SLM, Secs. 19-24 south of the railroad grade, and 
25-36.
T. 2 S., R. 13 W., SLM, Secs. 1-13.

    Off-highway vehicle. Any motorized vehicle capable of, or designed 
for, travel on or immediately over land, water, or other natural 
terrain, excluding: (1) Any nonamphibious registered motorboat; (2) Any 
military, fire, emergency, or law enforcement vehicle being used for 
emergency purposes; (3) Any vehicle whose use is expressly authorized 
by the authorized officer, or otherwise officially approved; (4) 
Vehicles in official use; and (5) Any combat or combat support vehicle 
when used in times of national defense emergencies.
    Primary vehicle: A street legal vehicle used for transportation to 
the recreation site.
    Dangerous weapon(s): Any weapon that in the manner of its use, or 
intended use, is capable of causing death or serious bodily injury.

[[Page 52443]]

Sec. 2 Prohibited Acts

    a. You must not discharge or use firearms or other dangerous 
weapons for the purpose of target shooting. This does not include the 
discharge of firearms or dangerous weapons while person(s) are engaged 
in bona fide hunting activities during established hunting seasons and 
are properly licensed for these activities.
    b. You must not use or possess to use any glass containers outside 
of enclosed vehicles, camp trailers, or tents.
    c. You must not use or possess to use as firewood any materials 
containing nails, screws, or other metal hardware, including, but not 
limited to, wood pallets and/or construction debris.
    d. You must not use an accelerant for the purposes of igniting a 
campfire. However, you may ignite any campfire or other material used 
for cooking purposes, by using any commercially purchased charcoal 
igniter or other non-hazardous fuels.
    e. You must not drive a motor vehicle through any campfire, or 
through any flaming debris or other flaming material(s).
    f. You must not burn any potentially hazardous material including, 
but not limited to, gasoline, oil, plastic, and magnesium.
    g. You must not ignite a campfire outside the confines of a fire 
pan or other container. All ashes and unburned fuel from campfires may 
be disposed of in a small pit excavated with hand tools as long as the 
material being disposed of is mostly ash. You must not dispose of non-
flammable materials in a fire on public lands. BLM may authorize large 
bonfires, which would go beyond the limit of a fire pan, by permit on a 
case-by-case basis.
    h. You must not operate a motorized vehicle in excess of the posted 
speed limit on any maintained roadway within the SRMA.
    i. You must not operate a motorized vehicle in excess of 15 m.p.h. 
off of established or maintained roadways within 50 feet of any 
animals, people, or vehicles.
    j. You must not operate or use any audio device, including, but not 
limited to, a radio, television, musical instrument, other noise 
producing device, or motorized equipment between the hours of 10 p.m. 
and 6 a.m. in a manner that makes unreasonable noise that disturbs 
other visitors.
    k. You must not operate an off-highway vehicle without a properly 
installed spark arrestor.
    l. You must not use or possess any man-made ramp or jump, for the 
purposes of performing acrobatic or aerial stunts.
    m. You must not enter, camp, park or stay longer than one half hour 
within the SRMA without properly paying required permit fees. Permits 
must be purchased and visibly displayed in the windshield of all 
primary vehicles with the date side facing out.
    n. You must not camp or use motorized vehicles within 200 feet of 
any perennial water source or impoundment.

Sec. 3 Penalties

    Any person who violates any of these supplementary rules 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. 43 U.S.C. 1733(a); 
43 CFR 8360.0-7. Such violations may also be subject to the enhanced 
fines provided for by 18 U.S.C. 3571.

    Dated: June 15, 2005.
Sally Wisely,
State Director.
[FR Doc. 05-17507 Filed 9-1-05; 8:45 am]
BILLING CODE 4310-DK-P