[Federal Register Volume 70, Number 249 (Thursday, December 29, 2005)]
[Notices]
[Pages 77186-77188]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-8023]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[UT-020-1220-MA]
Final Supplementary Rules on Public Lands Within the Knolls
Special Recreation Management Area Managed by the Salt Lake Field
Office, Utah
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice of final supplementary rules.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Knolls Recreation Area Management Plan,
the Bureau of Land Management (BLM), Salt Lake Field Office is issuing
final supplementary rules. The BLM has determined that these rules are
necessary to enhance the safety of visitors, protect natural resources,
improve recreation opportunities, and protect public health.
DATES: The rules are effective January 30, 2006.
ADDRESSES: You may send inquiries or suggestions to the Bureau of Land
Management, Salt Lake Field Office, 2370 S. 2300 W. Salt Lake City,
Utah 84119, or via Internet email to: [email protected].
FOR FURTHER INFORMATION CONTACT: Mandy Rigby, Outdoor Recreation
Planner, 2370 S. 2300 W. Salt Lake City, Utah 84119, 801-977-4300.
Persons who use a telecommunications device for the deaf (TDD) may
contact this individual by calling the Federal Information Relay
Service (FIRS) at (800) 877-8339, 24 hours a day, 7 days a week.
SUPPLEMENTARY INFORMATION:
I. Background
The BLM is establishing these final supplementary rules under the
authority of 43 CFR 8365.1-6. BLM is issuing these supplementary rules
because of health and safety concerns due to current off-highway
vehicle use within the Knolls Special Recreation Management Area
(SRMA). A significant increase in visitation has occurred within the
SRMA, which has led to numerous safety concerns including, but not
limited to: glass and campfire remains left in sand dune areas, use of
dangerous motorcycle jumps, and excessive motor vehicle speed on
maintained roads.
II. Discussion of Comments
These supplementary rules were published as interim final
supplementary rules on September 2, 2005, in the Federal Register (70
FR 52440-52443). Comments were solicited in that publication until
November 1, 2005, and could be submitted by mail, electronic means, or
by telephone. The Salt Lake Field Office received two comments, for
which responses are given below. We made no changes as a result of
these comments to the supplementary rules.
One comment requested that target shooting be allowed in predefined
areas within the Knolls SRMA. An emergency closure to target shooting
has been in effect within the Knolls SRMA since July 2000 to protect
the safety of visitors. Knolls has been designated as a Special
Recreation Management Area for off-highway vehicle (OHV) use and it was
determined that the high amount of OHV use and target shooting are not
compatible. Target shooting is still allowed on over 96 percent of
lands managed by the BLM Salt Lake Field Office.
The second comment questioned the purpose of the fire pan
requirement. Because of the high use that is occurring and will
increase at Knolls, we determined that requiring the use of fire pans
will help prevent the degradation of the natural appearance of the area
due to the proliferation of rock fire rings, fire debris, and
blackening of the soil. This allows for the continued use of campfires
while maintaining and protecting natural resources for all visitors to
enjoy. For groups who desire to build a fire that would go beyond the
limits of a fire pan, a permit system has been developed to authorize
such use on a case-by-case basis.
III. Procedural Matters
Executive Order 12866, Regulatory Planning and Review
These 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 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. They will not create a serious
inconsistency or otherwise interfere with an action taken or planned by
another agency. These 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 merely 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.
National Environmental Policy Act
BLM has prepared an environmental assessment (EA) and has found
that these 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). These supplementary rules
[[Page 77187]]
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. These 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 supplementary
rules would not have a significant economic impact on a substantial
number of small entities.
Small Business Regulatory Enforcement Fairness Act (SBREFA)
These supplementary rules do not constitute a ``major rule'' as
defined at 5 U.S.C. 804(2). They merely contain rules of conduct for
recreational use of certain public lands. They have no effect on
business, commercial, or industrial use of the public lands.
Unfunded Mandates Reform Act
These 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 they have a significant or unique effect
on State, local, or Tribal governments or the private sector. They
merely impose reasonable restrictions on recreational activities on
certain public lands to protect natural resources and human health and
safety. 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)
These supplementary rules do not represent a government action
capable of interfering with Constitutionally protected property rights.
They 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 rules will not cause a taking of
private property or require further discussion of takings implications
under this Executive Order.
Executive Order 13132, Federalism
These 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. They affect land in only one state,
Utah, and do not address jurisdictional issues involving the state
government. These supplementary rules do not come into conflict with
any state law or regulation. Therefore, in accordance with Executive
Order 13132, BLM has determined that these 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 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. The supplementary rules impose prohibited
acts, but they are straightforward and not confusing, and their
enforcement should not unreasonably burden the United States Magistrate
who will try any persons cited for violating them.
Executive Order 13175, Consultation and Coordination With Indian Tribal
Governments
In accordance with Executive Order 13175, we have found that these
supplementary rules do not include policies that have Tribal
implications. They do not affect lands held for the benefit of Indians,
Aleuts, or Eskimos.
Paperwork Reduction Act
These 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 supplementary rules is Mandy Rigby,
Outdoor Recreation Planner, Salt Lake Field Office, Bureau of Land
Management.
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. 1-18.
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.
Sec. 2 Prohibited Acts
The following supplementary rules will apply to public lands within
the Knolls Special Recreation Management Area (SRMA):
a. You must not discharge or use firearms or other dangerous
weapons for the purposes 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.
[[Page 77188]]
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: November 18, 2005.
Gene R. Terland,
Acting State Director.
[FR Doc. E5-8023 Filed 12-28-05; 8:45 am]
BILLING CODE 4310-DK-P