[Federal Register Volume 73, Number 201 (Thursday, October 16, 2008)]
[Notices]
[Pages 61437-61439]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-24580]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLAZG01000 L12320000 AL0000 LVRDAZ020000]


Proposed Supplementary Rules for the Hot Well Dunes Recreation 
Area, Public Lands Administered by the Bureau of Land Management Gila 
District and Safford Field Office, Graham County, AZ

AGENCY: Bureau of Land Management, Interior.

ACTION: Proposed Supplementary Rules.

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SUMMARY: The Bureau of Land Management (BLM) is proposing new 
supplementary rules for the Hot Well Dunes (HWD) Recreation Area, 
public lands managed by the Gila District and Safford Field Office in 
Graham County, Arizona. The rules relate to the health and safety of 
public land users and protection of natural resources. These 
supplementary rules will be enforced by BLM law enforcement rangers 
within the HWD Recreation Area.
    Proposed rules address vehicle rider capacity, clinging to or being 
towed by a vehicle, safety flags, vehicle use, public nudity, firearms, 
pets, speed limit, camping, waste disposal, and length of stay. All 
current supplementary rules will be rescinded and replaced by these 
revised rules for the HWD Recreation Area.

DATES: We invite comments until December 15, 2008. In developing final 
rules, the BLM may not consider comments postmarked or received after 
this date.

ADDRESSES: Written comments may be sent to the following address via 
regular mail or other delivery service: Bureau of Land Management, 
Safford Field Office, 711 14th Avenue, Safford, Arizona 85546. Comments 
may also be submitted via e-mail to [email protected] or faxed to 
928-348-4450. You may access the Federal eRulemaking Portal at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Scott Cooke, Field Manager, or Larry 
Ramirez, Law Enforcement Ranger, Bureau of Land Management, Safford 
Field Office, 711 14th Avenue, Safford, Arizona 85546, telephone 928-
348-4400.

SUPPLEMENTARY INFORMATION: 

I. Comment Procedures
II. Background and Purpose
III. Discussion of Supplementary Rules
IV. Procedural Matters

I. Comment Procedures

    Written comments on the proposed supplementary rules should be 
specific, confined to issues pertinent to the proposed supplementary 
rules, and should explain the reason for any recommended change. Where 
possible, comments should reference the specific section or paragraph 
of the rules that the comment is addressing. You may also access and 
comment on the proposed supplementary rules at the Federal eRulemaking 
Portal by following the instructions at that site (see ADDRESSES). The 
BLM need not consider or include in the Administrative Record for the 
final supplementary rules: (a) Comments that the 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).
    Before including your address, phone number, e-mail address, or 
other personal identifying information in your comment, be advised that 
your entire comment--including your personal identifying information--
may be made publicly available at the Safford Field Office, 711 14th 
Avenue, Safford, Arizona 85546, during regular business hours (8 a.m. 
to 4 p.m.), Monday through Friday, except Federal holidays. While you 
can ask us in your comment to withhold from public review your personal 
identifying information, we cannot guarantee that we will be able to do 
so. The BLM will make available for public inspection in their entirety 
all submissions from organizations, businesses, and government 
agencies, or from individuals identifying themselves as representatives 
or officials of such entities.

II. Background and Purpose

    These proposed supplementary rules apply to the designated HWD 
Recreation Area, public lands administered by the Gila District and 
Safford Field Office. Due to increases in visitation at the HWD, the 
nature of the terrain and vegetation, and the types of vehicles in use, 
the following rules are proposed to reduce threats to public health, 
safety, and property.
    These supplementary rules will allow the BLM to increase law 
enforcement efforts that will help mitigate damage to natural resources 
and provide for public health and safe public recreation.

III. Discussion of Supplementary Rules

    The Gila District/Safford Field Office proposes to rescind all 
prior supplementary rules for the HWD

[[Page 61438]]

Recreation Area and issue these new supplementary rules under the 
Federal Land Policy and Management Act (FLPMA), Title 43 U.S.C. 1740 
and Title 43 CFR 8365.1-6. The supplementary rules set forth 
requirements and prohibited acts that are applicable within the HWD 
Recreation Area, Graham County, Arizona.

IV. Procedural Matters

    The principal author of the proposed supplementary rules is Larry 
Ramirez, Gila District/Safford Field Office Law Enforcement Ranger for 
the Bureau of Land Management.

Executive Order 12866, Regulatory Planning and Review

    These proposed 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. The proposed supplementary rules 
will not have an annual effect of $100 million or more on the economy. 
They are not intended to affect commercial activity, but impose rules 
of conduct on recreational visitors for health protection reasons in a 
limited area of the public lands. The supplementary rules will not 
adversely affect, in a material way, the economy, productivity, 
competition, jobs, environment, public health or safety, or State, 
local, or tribal governments or communities. The proposed supplementary 
rules do not materially 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 strive to protect human health, safety, and the environment.

Clarity of the Proposed 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 proposed supplementary rules easier to understand, 
including answers to questions such as the following:
    (1) Are the requirements in the proposed supplementary rules 
clearly stated?
    (2) Do the proposed supplementary rules contain technical language 
or jargon that interferes with their clarity?
    (3) Does the format of the proposed supplementary rules (grouping 
and order of sections, use of headings, paragraphing, etc.) aid or 
reduce their clarity?
    (4) Would the proposed supplementary rules be easier to understand 
if they were divided into more (but shorter) sections?
    (5) Is the description of the proposed supplementary rules in the 
SUPPLEMENTARY INFORMATION section of this preamble helpful in 
understanding the proposed supplementary rules? How could this 
description be more helpful in making the proposed supplementary rules 
easier to understand?
    Please send any comments you may have on the clarity of the 
proposed supplementary rules to one of the addresses specified in the 
ADDRESSES section.

National Environmental Policy Act

    The proposed supplementary rules do 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, Title 42 U.S.C. 4332(2)(C). This conclusion is set forth in a 
Finding of No Significant Impact signed by the Field Manager and 
supported by an Environmental Assessment.

Regulatory Flexibility Act

    Congress enacted the Regulatory Flexibility Act (RFA) of 1980, as 
amended, Title 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 proposed supplementary rules 
do not have a significant economic impact on entities of any size, but 
provide for the protection of persons, property, and resources on 
specific public lands. Therefore, the BLM has determined under the RFA 
that the proposed supplementary rules would not have a significant 
economic impact on a substantial number of small entities.

Small Business Regulatory Enforcement Fairness Act

    These proposed supplementary rules do not constitute a ``major 
rule'' as defined at Title 5 U.S.C. 804(2). The proposed supplementary 
rules merely contain rules of conduct for recreational use of certain 
public lands. The proposed supplementary rules would have little or no 
effect on the economy.

Unfunded Mandates Reform Act

    The proposed supplementary rules do not impose an unfunded mandate 
on State, local, or tribal governments in the aggregate, or the private 
sector, of more than $100 million per year; nor would they have a 
significant or unique effect on small governments. These proposed 
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 section 202 of the Unfunded 
Mandates Reform Act (Title 2 U.S.C. 1532).

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

    The proposed supplementary rules are not a government action 
capable of interfering with constitutionally protected property rights. 
The proposed supplementary rules do not address property rights or 
cause the impairment of anybody's property rights. Therefore, the BLM 
has determined that these proposed 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 proposed supplementary rules will not have substantial direct 
effects on the States, on the relationship between the Federal 
Government and the States, or on the distribution of power and 
responsibilities among the various levels of government. The proposed 
supplementary rules apply to a limited area of land in only one State, 
Arizona. Therefore, the BLM has determined that the proposed 
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 the proposed 
supplementary rules will not unduly burden the judicial system and that 
the requirements of sections 3(a) and 3(b)(2) of the Order are met. The 
supplementary rules contain rules of conduct for recreational use of 
certain public lands to protect human health and the environment.

Executive Order 13175, Consultation and Coordination With Indian Tribal 
Governments

    In accordance with Executive Order 13175, the BLM has found that 
these proposed supplementary rules do not include policies that have 
tribal implications. The proposed supplementary rules do not affect 
lands held for the benefit of Indians, Aleuts, or Eskimos.

[[Page 61439]]

Paperwork Reduction Act

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

Supplementary Rules for the Hot Well Dunes Recreation Area, Graham 
County, Arizona

1. Vehicle Rider Capacity

    A person operating an off-road vehicle within the HWD Recreation 
Area shall ride only on the permanent, regular seat attached to the 
off-road vehicle. The operator of an off-road vehicle shall not carry 
any additional person(s) on an off-road vehicle unless the vehicle is 
designed and manufactured to carry such additional person(s). No person 
shall ride an off-road vehicle unless the vehicle is designed and 
manufactured to carry that person.

2. Clinging to or Being Towed by a Vehicle

    No person operating an off-road vehicle within the HWD Recreation 
Area shall attach the off-road vehicle to any object or person and tow 
such object or person. No person shall cling to, or be towed by, an 
off-road vehicle.

3. Safety Flags

    Safety flags are required on all off-road vehicles used within the 
HWD Recreation Area. An exception to this requirement is made for 
Recreation Vehicles (RVs), Sport Utility Vehicles (SUVs), pickup 
trucks, and passenger sedans. Safety flags must be brilliant orange or 
red in color, and at least six (6) inches by 12 inches in size. Masts 
must be securely mounted on the off-road vehicle and extend eight (8) 
feet from the ground to the mast tip. Safety flags must be firmly 
attached to the top portion of a mast.

4. Vehicle Use

    No off-road vehicle within the HWD Recreation Area will be allowed 
within areas enclosed by the metal, tube railings there or where signed 
as prohibited.

5. Nudity

    Public nudity within the HWD Recreation Area and, in particular, in 
the hot tubs there, is prohibited.

6. Firearms and Archery

    Archery and the discharge of firearms or other weapons, including 
pneumatic and spring-loaded BB guns and pellet guns, are prohibited 
within the HWD Recreation Area.

7. Pets

    Pets must be leashed or otherwise physically restricted at all 
times within the HWD Recreation Area.

8. Speed Limit

    The speed limit for off-road vehicles within the HWD Recreation 
Area is 10 miles per hour on the main access road and within 50 feet on 
either side of the main access road. The speed limit is also 10 miles 
per hour within 50 feet of a campsite or any concentration of three (3) 
or more people. Operating an off-road vehicle above this speed is 
prohibited.

9. Camping

    Camping within the HWD Recreation Area is not allowed within the 
designated parking area; within areas enclosed by metal, tube railings; 
or where signed as prohibited.

10. Waste Disposal

    Dumping of sewage or gray water is prohibited within the HWD 
Recreation Area.

11. Length of Stay

    To ensure that everyone has an opportunity to enjoy the area, 
camping is limited to 14 days within any 28-day period.

Penalties

    Under the Federal Land Policy and Management Act of 1976 (Title 43 
U.S.C. 1733(a)), 43 CFR 8365.1-6, and 43 CFR 8360.0-7, persons who 
violate any of these supplementary rules are subject to arrest and, 
upon conviction, may be fined up to $1,000 and/or imprisoned for not 
more than 12 months, and may be subject to the enhanced penalties under 
Title 18 U.S.C. 3571.

    Dated: October 8, 2008.
Helen M. Hankins,
Acting Arizona State Director.
[FR Doc. E8-24580 Filed 10-15-08; 8:45 am]
BILLING CODE 4310-32-P