[Federal Register Volume 72, Number 26 (Thursday, February 8, 2007)]
[Notices]
[Pages 5993-5995]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-2064]



[[Page 5993]]

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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[UT-020-1220-EB]


Interim Final Supplementary Rules on Public Lands Within the 
Simpson Springs Recreation Area Managed by the Salt Lake Field Office, 
Utah

AGENCY: Bureau of Land Management, Interior.

ACTION: Interim Final Supplementary Rules with request for comments.

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SUMMARY: The Bureau of Land Management (BLM), Salt Lake Field Office, 
is implementing interim final supplementary rules and requesting 
comments for the Simpson Springs Recreation Area. The BLM has 
determined these interim final supplementary rules are necessary to: 
Enhance the safety of visitors, protect public health, protect natural 
resources, and improve recreation experiences and opportunities.

DATES: These interim final supplementary rules are effective February 
8, 2007. We invite comments until April 9, 2007.

ADDRESSES: Mail or hand deliver all comments concerning these 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: Ray Kelsey, Outdoor Recreation 
Planner, 2370 S. 2300 W. Salt Lake City, Utah 84119, 801-977-4300.

SUPPLEMENTARY INFORMATION: 

I. 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 regulatory 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; they will be posted at the Simpson Springs Recreation 
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).
    These interim final supplementary rules are necessary because of 
public safety concerns and resource impacts from ongoing recreational 
use in the Simpson Springs Recreation Area. Specifically, monitoring by 
BLM personnel and incident reports have determined that unregulated 
dispersed camping and increased off-highway vehicle use continues to 
disturb water sources and other habitat elements vital to survival of 
desert species.
    The public has been involved in planning for the management of the 
area through the Simpson Springs Recreation Area Management Plan (RAMP) 
process and review under National Environmental Policy Act (NEPA). The 
Simpson Springs RAMP includes supplementary rules that are to be 
published concerning rules of conduct for public use. The comment 
period for these interim final supplementary rules will allow the 
public an additional opportunity for input on proposed management 
changes at the Simpson Springs Recreation Area.
    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, public notification of the 
initiation of the Simpson Springs RAMP and the environmental review 
process was published on Feb. 26, 2005.
     A news release and solicitation of comments were published 
in local papers and posted at the Simpson Springs campground bulletin 
board in March 2006. Comments were accepted through mail, hand 
delivery, or by e-mail.
     The Draft Simpson Springs RAMP was available for review at 
the Field Office until August 2005. Copies were e-mailed to members of 
the public who had expressed an interest in the area.
     No comments on the Simpson Springs RAMP were received.
    Under these circumstances, the BLM finds good cause to issue these 
interim final supplementary rules for the Simpson Springs Recreation 
Area. 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.

II. Interim Final Supplementary Rules for the Simpson Springs 
Recreation Area

Section 1 Definitions

    Simpson Springs Recreation Area (SSRA). The SSRA is a distinct 
administrative unit within the Pony Express Special Recreation 
Management Area and encompasses public lands located in:

Township 9 South Range 8 West
    Section 7: Lot 4, SE \1/4\ SW \1/4\, S \1/2\ SE \1/4\
    Section 17: W \1/2\ NW \1/4\, NW \1/4\ SW \1/4\
    Section 18: Lots 1 and 2, NE \1/4\, E \1/2\ NW \1/4\, NE \1/4\ 
SW \1/4\, N \1/2\ SE \1/4\

    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 while 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 item that in the manner of its use, or 
intended use, is capable of causing death or serious bodily injury.

Section 2 Prohibited Acts

    a. No person shall camp within the SSRA outside of designated 
sites. Persons or groups wishing to camp outside of the designated 
campground are required to first obtain a special recreation permit 
(SRP) from the Salt Lake Field Office.
    b. No person shall enter, camp, park, picnic, or stay longer than 
one half hour within the Simpson Springs Campground without properly 
paying posted permit fees. Permits must be purchased and visibly 
displayed in the windshield of all primary vehicles with the date side 
facing out.
    c. No person shall 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. Only charcoal may 
be burned in campsite barbeque grills.
    d. No person shall use an accelerant for the purposes of igniting a 
campfire except with any commercially purchased charcoal igniters or 
other non-hazardous fuels.
    e. No person shall camp or use motorized vehicles within 200 feet 
of any perennial water source or impoundment.
    f. No person shall operate a motorized vehicle in excess of the 
posted speed limit on any maintained roadway within the SSRA.
    g. No person shall operate a motorized vehicle off of designated 
routes within the SSRA.
    h. No person shall operate or use any audio device, including, but 
not limited

[[Page 5994]]

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.
    i. No person shall operate an off-highway vehicle without a 
properly installed spark arrestor.
    j. No person shall use or possess any man-made ramp or jump, for 
the purposes of performing acrobatic or aerial stunts.
    k. No person shall construct or use a hunting blind within the 
SSRA.

Section 3 Penalties

    Violations of these interim final supplementary rules are 
punishable by a fine not to exceed $100,000 and/or imprisonment not to 
exceed 12 months, as provided in Section 303 of the Federal Land Policy 
and Management Act (43 U.S.C. 1733), and may be subject to the enhanced 
penalties under the Sentencing Reform Act (18 U.S.C. 3571).

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.

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 description of the interim final supplementary rules in 
the SUPPLEMENTARY 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

    The BLM has prepared an environmental assessment (EA) dated 
September 29, 2005, 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 Simpson Springs Recreation Area. 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, 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 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

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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, we have 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.

    Dated: December 15, 2006.
Marcus Nielson,
Acting State Director.
[FR Doc. E7-2064 Filed 2-7-07; 8:45 am]
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