[Federal Register Volume 71, Number 77 (Friday, April 21, 2006)]
[Notices]
[Pages 20725-20729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-5991]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[CA-360-05-1220-DA]


Notice of Interim Final Supplementary Rules on Public Lands in 
Shasta County, CA

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of Interim Final Supplementary Rules for public lands 
within the Swasey Drive Planning Area, Redding Field Office, Redding, 
California.

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SUMMARY: The Bureau of Land Management (BLM) Redding Field Office is 
publishing interim final supplementary rules applicable to public lands 
within the Swasey Drive Planning Area, as identified in the Swasey 
Drive Area Implementation Plan. The interim final supplementary rules 
will govern activities such as target shooting, motor vehicle use, and 
camping on public lands managed by the Redding Field Office. These 
interim final supplementary rules are needed to protect recreation 
opportunities, public health and safety, and cultural and natural 
resources in accordance with the Swasey Drive Area Implementation Plan/
Environmental Assessment and Decision Record (DR) of September 2004.

DATES: The interim final supplementary rules are effective April 21, 
2006. We invite comments until June 20, 2006.

ADDRESSES: Mail or hand deliver all comments concerning the interim 
final supplementary rules to the Bureau of Land Management, Redding 
Field Office, 355 Hemsted Drive, Redding, CA 96002; or you may access 
the Federal eRulemaking Portal: http://www.regulations.gov.
    Copies of the Swasey Drive Area Implementation Plan and Decision 
Record can be obtained at the BLM Redding Field Office, 355 Hemsted 
Drive, Redding, CA 96002, (530) 224-2100.

FOR FURTHER INFORMATION CONTACT: William Kuntz, Outdoor Recreation 
Planner, Bureau of Land Management, Redding Field Office, 355 Hemsted 
Drive, Redding, CA 96002, phone (530) 224-2100 or by e-mail at 
[email protected]. Internet access to

[[Page 20726]]

the Swasey Drive Area Implementation Plan and Decision Record is 
available at: http://www.ca.blm.gov/redding. BLM will also announce the 
interim final supplementary rules through local media outlets and post 
this notice with a map of the affected areas at key locations that 
provide access to the area.

SUPPLEMENTARY INFORMATION:

I. Public Comment Procedures
II. Background
III. Procedural Matters
IV. Interim Final Supplementary Rules

I. Public Comment Procedures

    Written comments on these 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 rule that the comment is addressing. BLM need not 
consider or include in the Administrative Record for the final rule: 
(a) Comments that BLM receives after the close of the comment period 
(see DATES), unless they are postmarked or electronically dated before 
the deadline, or (b) comments delivered to an address other than those 
listed above (See ADDRESSES).
    You may also access and comment on the interim final supplementary 
rules at the Federal eRulemaking Portal by following the instructions 
at that site (see ADDRESSES).
    Comments, including names, street addresses, and other contact 
information of respondents, will be available for public review at the 
Redding Field Office, 355 Hemsted Drive, Redding, CA 96002, 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

    In the Redding Resource Management Plan and Record of Decision of 
June 1993, the area known as Swasey Drive was designated an Area of 
Critical Environmental Concern (ACEC). Because of this decision, BLM 
identified these lands for retention and decided to write a subsequent 
management plan for the area.
    The Swasey Drive ACEC and surrounding planning area includes 
approximately 1,250 acres. It is used by researchers, hikers, mountain 
bikers, equestrians, campers, off-road vehicle users, and target 
shooters. Trails within this area are linked to the National Park 
Service's Whiskeytown National Recreation Area. Because of the 
intensive use of the area by the public, BLM implemented some 
restrictions in 1998 to limit off-road vehicle use and target shooting. 
These restrictions were designed to protect public health and safety 
and to protect sensitive cultural resources within the ACEC and the 
surrounding areas until BLM could complete a detailed management plan.
    As a result of a growing population, the development of residential 
housing on private lands around the Swasey Drive area, and the 
increasing popularity of the area for non-motorized recreation 
activities, the human use of the area has increased. Target shooting in 
the area has also increased, as has illegal trash dumping and underage 
drinking. The combination of increased recreational use as well as 
increased levels of target shooting, trash dumping, and underage 
drinking has created a condition that places the public at risk.
    In May 2001, BLM held an initial public scoping meeting for the 
development of the Swasey Drive Implementation Plan. The meeting was 
attended by a broad range of individuals, groups, tribes, and agencies. 
In 2004, the BLM completed the Swasey Drive Area Implementation Plan. 
As a result of the plan, the specific restrictions in the decision 
record are implemented in these interim final supplementary rules.
    The purpose of the interim final supplementary rules is to protect 
the historic and prehistoric cultural resources and public health and 
safety. Also, the rules will help maintain the natural resources and 
recreation opportunities within the Swasey Drive ACEC and associated 
public lands. Restrictions on camping and nighttime use will curtail 
illegal trash dumping and underage drinking, which have been ongoing 
concerns for many years.
    BLM provided for substantial public participation and coordination 
during the development of the Swasey Drive Implementation Plan and 
Environmental Assessment. Public participation included one public 
scoping meeting attended by 65 individuals. BLM received 29 formal 
responses (letters and e-mails) as a result of the scoping 
solicitation. The timing of this action is important due to the danger 
that long rifle target shooting poses for local residents and other 
users of the area. Numerous reports from local area residents have 
stated that bullets have been found lodged in the walls of their homes 
or in the area around their homes. As recreational use increases with a 
parallel increase in target shooting, the likelihood of an accident 
occurring rises dramatically. In 2001, BLM used a risk management 
process to determine the low, medium, high, and extremely high risk 
management levels of target shooting in this area. We determined that 
the risk of death caused by this activity could not be mitigated 
sufficiently over the long term with BLM's limited personnel and 
current regulations. In short, if these interim final rules are not 
issued, there is an increasing risk that a recreational visitor or 
local resident in the adjacent subdivision will be seriously injured or 
killed by a poorly aimed or skipping/ricocheting bullet. These issues 
were fully discussed in the scoping meeting. Therefore, due to the 
increased and increasing safety concerns, and the previous 
opportunities for public participation, BLM finds that promulgating 
these supplementary rules as proposed rules would be impracticable, 
unnecessary, and contrary to the public interest. As such, there is 
good cause to publish these supplementary rules in interim final form. 
Similar considerations of good cause support an immediate effective 
date, i.e. the date of publication for these rules. We will publish 
final supplementary rules that respond to any public comments, or 
confirm the supplementary rules as final if we receive no compelling 
arguments to amend the interim final supplementary rules.
    The authorities for these interim final supplementary rules are 43 
CFR 8360.0-7, 8364.1 and 8365.1-6.

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

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not have an annual 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 interim final 
supplementary rules will not create a serious inconsistency or 
otherwise interfere with an action taken or planned by another agency. 
These interim final supplementary rules do not materially 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 
other limitations on certain recreational activities at a limited 
planning area to protect natural and cultural resources and human 
health and safety.

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.) aid or reduce their clarity? (4) 
Would the interim final supplementary rules be easier to understand if 
they were divided into more (but shorter) sections? (5) Is the 
discussion of the interim final supplementary rules in the 
SUPPLEMENTARY INFORMATION section of this preamble helpful to your 
understanding of these supplementary rules? How could this material 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 a Decision 
Record for the Swasey Drive Implementation Plan. Within the Plan/EA and 
subsequent DR, analysis was provided as a basis for the interim final 
supplementary rules. The Swasey Drive Implementation Plan/EA provided 
management alternatives, public participation, law enforcement logs, 
soil analyses, and projected firearm ammunition distances. The Plan and 
EA called for the restriction of firearms target shooting to the use of 
shotguns within the existing Swasey Drive target shooting area, and for 
this use to be phased out over four years, while reserving to the 
Redding Field Office Manager the authority to allow exceptions to this 
restriction during the phase-out period by issuing special recreation 
permits. The Plan, supported by the EA, also requires the use of 
biodegradable materials for targets. The Plan called for a prohibition 
of night use of motor vehicles within the area beyond the main 
developed trailhead parking area near Swasey Drive, and a requirement 
that campers have a special recreation permit. These interim final 
supplementary rules expressly implement these Plan elements, as 
included in the Decision Record on the Plan and fully considered in the 
EA supporting the Plan. The supplementary rules are designed to 
mitigate potential user-related issues discussed in the environmental 
assessment. Also, the Plan/EA informed the public that rules for use of 
the area would be developed to reduce user conflicts and protect 
important cultural and natural resources and values.
    The interim final supplementary rules are designed to mitigate the 
specific issues addressed in the Plan/EA. BLM has found, therefore, 
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 Environmental Protection Act 
of 1969 (NEPA), 42 U.S.C. 4332(2)(C). The Plan/EA and DR are available 
for review in the BLM Administrative Record at the address specified in 
the ADDRESSES section.

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 interim final supplementary 
rules should have little economic effect on business, organizational, 
or governmental entities of whatever size. They merely would impose 
reasonable restrictions on certain recreational activities in the 
Swasey Drive Planning Area to protect cultural and natural resources 
and the environment, and human health and safety. 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 are not 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 a major 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 in the Swasey Drive 
Planning Area to protect natural resources and the environment, and 
human health and safety.

Unfunded Mandates Reform Act

    These interim final supplementary rules do not impose an unfunded 
mandate on state, local, or Tribal governments, in the aggregate, or 
the private sector, of $100 million or more in any one year, nor do 
they have a significant or unique effect on small governments. They 
would merely impose reasonable restrictions on certain recreational 
activities in the Swasey Drive Planning Area to protect natural and 
cultural resources and the environment, and human health and safety. 
Tribal groups and Shasta County were involved in the development of the 
Swasey Drive Implementation Plan. 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 Actions and Interference With 
Constitutionally Protected Property Rights (Takings)

    These interim final supplementary rules are not a government action 
capable of interfering with constitutionally protected property rights. 
The interim final 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.

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Executive Order 13132, Federalism

    These interim final 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 
interim final supplementary rules would have no effect on state or 
local government, and specifically exempt state and local government 
law enforcement and emergency personnel and activities from the effect 
of the interim final supplementary rules. Shasta County was involved in 
the development of the underlying Swasey Drive Implementation Plan, 
which the interim final supplementary rules help implement. 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 determined 
that these interim final 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 
interim final supplementary rules do not include policies that have 
tribal implications. Policies that have tribal implications refer to 
regulations that have substantial direct effects on one or more Indian 
tribes, or the relationship between the Federal Government and Indian 
tribes, or on the distribution of power and responsibilities between 
the Federal Government and Indian tribes. Over one-half of the planning 
area is identified as an ACEC because of the presence of fragile 
historic and prehistoric resources of National Register of Historic 
Places level. Thus, a paramount consideration in the planning effort 
was archaeological site protection, conservation, research, and 
interpretation. We recognize that many of the cultural resources of the 
planning area are considered significant to local Wintu people, based 
on numerous interactions between them and BLM staff members. Several 
Wintu serve as local site stewards. The presence of burials at certain 
locations in the planning area correlates with spiritual locations 
significant in Wintu religion.
    Tribal groups were invited to participate in the development of the 
Swasey Drive Implementation Plan. We contacted the Bureau of Indian 
Affairs and the following Tribal entities: Redding Rancheria; Wintu 
Cultural and Educational Council; and the Wintu Tribe and Toyon-Wintu 
Center. None of these entities commented on the plan.
    The interim final supplementary rules are intended to help protect 
these cultural, historic, and prehistoric resources. Accordingly, under 
Executive Order 13175, we have found that these interim final 
supplementary rules for the planning area do not include policies that 
have tribal implications.

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 of 1995, 44 U.S.C. 3501 et 
seq.

Author

    The principal author of these interim final supplementary rules is 
William Kuntz, Supervisory Outdoor Recreation Planner, Redding Field 
Office, Bureau of Land Management.

IV. Interim Final Supplementary Rules

    The State Director, California State Office, Bureau of Land 
Management, issues the following supplementary rules for the Swasey 
Drive Planning Area on an interim final basis.

Supplementary Rules for the Swasey Drive Planning Area

Section 1. Definitions
    a. ``Firearm'' means any device from which is expelled through a 
barrel a projectile by the force of any explosion or other form of 
combustion, including but not limited to shotguns, rifles, pistols, 
starting pistols, flintlock rifles and muskets, and revolvers.
    b. ``Motorized vehicle'' means any self-propelled device in, upon, 
or by which any person or property is or may be propelled, moved, or 
drawn, including but not limited to, cars, trucks, vans, motorcycles, 
motor-driven cycles, motorized scooters, motorized skateboards, and 
snowmobiles. ``Motorized vehicle'' does not include a self-propelled 
wheelchair, invalid tricycle, or motorized quadricycle when operated by 
a person who, by reason of physical disability, is otherwise unable to 
move about as a pedestrian.
    c. ``Public entity'' means any county, city, public district, 
public agency, public authority, or public or municipal corporation; 
the Federal Government or any Federal department or agency; a state, or 
any state department or agency.
    d. ``Camping'' means the act of occupying ground on which temporary 
shelters are erected.
Section 2. Supplementary Rules
    a. Firearms target shooting is restricted to the use of shotguns 
within the existing Swasey Drive target shooting area (boundary is 
marked by signs). This type of target shooting with shotguns will be 
phased out over a four-year period beginning April 21, 2006. BLM signs 
will accurately depict the extent of the target area. During the phase-
out period, the Redding Field Office Manager or his representative may 
authorize an exception to the restriction on target shooting with 
shotguns by issuing a special recreation permit
    b. It is unlawful for any person, other than an employee of a 
public entity acting within the scope of that employment, e.g., a law 
enforcement officer, or pursuant to the authority of the BLM, to use a 
motorized vehicle within the area posted and described below from 
sunset to sunrise beyond the main developed trailhead parking area near 
Swasey Drive.
    c. Camping is allowed by BLM special recreation permit issued only 
by the Redding Field Office Manager or his representative.
Section 3. Affected Lands
    These supplementary rules apply to all public lands within the 
Swasey Drive Planning Area, as identified in the Swasey Drive Area 
Implementation Plan and Decision Record and described as follows:

Mount Diablo Meridian

T. 31 N., R. 5 W,
    Sec. 6, lots 29, and 30;
    Sec. 7, lots 7 to 10, inclusive, lots 14 to 28, inclusive, and 
lots 32, 33, and 36.
T. 31 N., R. 6 W.,
    Sec. 12.

    Totaling approximately 1,250 acres.
Section 4. Exceptions to the Supplementary Rules
    These supplementary rules do not apply to the following activities: 
access by authorized emergency rescue vehicles, BLM operation and 
maintenance vehicles, and fire and law enforcement vehicles, 
appropriate access to mining claims by the claimant and to private 
property by the property owners, as authorized by laws or by the BLM 
Field Manager or the acting Field Manager; activities consistent with 
the Redding Resource Management Plan

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Record of Decision and authorized by a special use permit from the BLM 
Field Manager or the acting Field Manager; and resource management 
activities conducted by BLM. These supplementary rules are not intended 
to affect legal hunting consistent with California Department of Fish 
and Game regulations.
Section 5. Penalties
    Under Section 303(a) of the Federal Land Policy and Management Act 
of 1976 (43 U.S.C. 1733(a)) and 43 CFR 8360.0-7, if you violate these 
supplementary rules on public lands within the boundaries established, 
you 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. Such 
violations may also be subject to the enhanced fines provided for by 18 
U.S.C. 3571.

Mike Pool,
State Director, California BLM State Office.
 [FR Doc. E6-5991 Filed 4-20-06; 8:45 am]
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