[Federal Register Volume 76, Number 106 (Thursday, June 2, 2011)]
[Notices]
[Pages 31979-31983]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-13728]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[L12200000.MV0000/LLCAC05000]


Notice of Interim Final Supplementary Rules for Public Lands 
Managed by the Ukiah Field Office in Lake, Sonoma, Mendocino, Glenn, 
Colusa, Napa, Marin, Yolo, and Solano Counties, CA

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of Interim Final Supplementary Rules.

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SUMMARY: In accordance with the Record of Decision (ROD) for the Ukiah 
Field Office Approved Resource Management Plan (RMP), the Bureau of 
Land Management (BLM), Ukiah Field Office, is issuing interim final 
supplementary rules and requesting comments. These interim final 
supplementary rules will apply to public lands within the Ukiah Field 
Office's jurisdiction. The BLM has determined that these interim final 
supplementary rules are necessary to enhance visitor safety, protect 
natural resources, improve recreation opportunities, and protect public 
health. These rules only implement land use limitations and 
restrictions that were analyzed in the Ukiah RMP.

DATES: The interim final supplementary rules are effective June 2, 2011 
and remain in effect until modified or rescinded by the publication of 
final supplementary rules. We invite comments until August 1, 2011. 
Comments postmarked or received in person after this date may not be 
considered in the development of final supplementary rules.

ADDRESSES: Mail or hand deliver all comments concerning the interim 
final supplementary rules to the Bureau of Land Management, Ukiah Field 
Office, 2550 North State Street, Ukiah, CA 95482. The interim final 
supplementary rules are available for inspection at the Ukiah Field 
Office and on the Ukiah Field Office Web site: http://www.blm.gov/ca/st/en/fo/ukiah.html.

FOR FURTHER INFORMATION CONTACT: Jonna Hildenbrand, Bureau of Land 
Management, Ukiah Field Office, 2550 North State Street, Ukiah, 
California 95482, (707) 468-4024, or e-mail: [email protected].

SUPPLEMENTARY INFORMATION:
I. Public Comment Procedures
II. Background
III. Procedural Matters

I. Public Comment Procedures

    You may mail or hand-deliver comments to Jonna Hildenbrand,

[[Page 31980]]

Bureau of Land Management, Ukiah Field Office, 2550 North State Street, 
Ukiah, California 95482, or by e-mail: [email protected]. 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 rule that the comment is addressing. The BLM may not consider: 
(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 
that listed above in ADDRESSES.
    Comments, including names, addresses, and other contact information 
of respondents, will be available for public review at the BLM Ukiah 
Field Office, 2550 North State Street, Ukiah, California 95482, during 
regular business hours (7:45 a.m. to 4:30 p.m., Monday through Friday, 
except Federal holidays). Before including your address, telephone 
number, e-mail address, or other personal identifying information in 
your comment, you should be aware that your entire comment--including 
your personal identifying information--may be made publicly available 
at any time. While you can ask us in your comment to withhold your 
personal identifying information from public review, we cannot 
guarantee that we will be able to do so.

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 supplementary 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. These interim 
final supplementary rules apply to public lands managed by the Ukiah 
Field Office including Lake, Sonoma, Mendocino, Glenn, Colusa, Napa, 
Marin, Yolo, and Solano Counties of California.
    The overall program authority for the operation of this area is 
found in the Federal Land Policy and Management Act of 1976 (FLPMA, 43 
U.S.C. 1701 et seq.). The Ukiah Field Office managed lands are located 
in Lake, Sonoma, Mendocino, Glenn, Colusa, Napa, Marin, Yolo, and 
Solano Counties of California.
    The BLM finds good cause to publish these supplementary rules on an 
interim basis, effective the date of publication, because of immediate 
public health and safety concerns and resource protection needs within 
the management area. The close proximity to the San Francisco, Oakland, 
San Jose, and Sacramento Metropolitan areas (10 million people) along 
with the closures of nearby Federal and state off-highway vehicle (OHV) 
areas has increased visitation and the duration of visits in the 
planning area. Incidents of vehicle use off routes, unsafe target 
shooting practices, and illegal fireworks have led to visitor 
conflicts, public safety issues, and resource degradation.
    Additionally, the BLM recently acquired a coastal property that 
offers public access to coastal bluffs and the beach, which has 
increased year round visitation. This property contains habitat for 
federally-listed threatened and endangered species and borders the 
Garcia River, a component of an anadromous watershed containing the 
federally-threatened Central California Coast coho salmon, Northern 
California steelhead Evolutionary Significant Units (ESU), and 
California Coastal Chinook salmon ESU. Several BLM special status 
species are located within the area, and these interim final 
supplementary rules are needed to conserve critical habitat. The 
portion of these rules that are specific to the Areas of Critical 
Environmental Concern (ACEC) are intended to protect the relevant and 
important resource values within these units and the portion specific 
to the Scattered Tracts management areas address public health and 
safety concerns and resource protection.
    Maps identifying the management areas and boundaries are included 
in the RMP. The RMP, including the maps, will be available for 
inspection at the Ukiah Field Office. All of the interim final 
supplementary rules implement management decisions in the RMP.
    The Ukiah Field Office has taken the following steps to involve the 
public in developing the plan decisions that provide a basis for the 
interim final supplementary rules which are consistent with the 
management direction established in the RMP:
     Scoping for the Ukiah RMP in August, 2004 including public 
meetings held throughout the planning area.
     90-day comment period for the Draft RMP/Environmental 
Impact Statement (EIS) ending December 15, 2009. Five general public 
meetings and one meeting specifically for local Indian tribes were 
held.
     A determination by the State of California that the RMP 
would not conflict with State or local plans or the California Coastal 
Management Program.
     All public comments were summarized and addressed in the 
Final EIS and all decisions related to the rules were analyzed in the 
Final EIS.

    Based on extensive prior public participation in the planning 
process that provided the basis for these rules and immediate public 
safety and resource protection concerns, including vehicle use off 
designated routes, unsafe and illegal target shooting, illegal 
fireworks usage, and protection of resource values (special status 
species, cultural resources, etc.), the BLM finds good cause to issue 
these rules as interim final supplementary rules. 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 annual effect of $100 million or 
more on the economy or 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 materially 
alter the budgetary effects of entitlements, grants, user fees, or loan 
programs or the right or obligation of their recipients; nor do they 
raise novel legal or policy issues. These rules merely contain rules of 
conduct for public use of a limited portion of the public lands in 
California 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. The BLM invites your comments 
on how to make these interim final supplementary rules easier to 
understand, including answers to questions such as the following:

[[Page 31981]]

    (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 ADDRESSES 
section.

National Environmental Policy Act

    These interim final 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, 42 U.S.C. 4332(2)(C). However, they are a component 
of a larger plan (Ukiah Field Office RMP) that constitutes a major 
Federal action. The BLM prepared a Draft and Final EIS on the RMP which 
includes a complete analysis of each decision corresponding to the 
interim final supplementary rules. This Draft and Final EIS and the ROD 
are on file and available to the public at the address specified in 
ADDRESSES above. The Final EIS and ROD are available at the website 
specified in ADDRESSES above.

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 merely establish rules of conduct for public recreational use of 
a limited area of public lands. Therefore, the 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). These interim final supplementary 
rules merely contain rules of conduct for recreational use of a limited 
area of public lands and do not affect commercial or business 
activities of any kind.

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 they have a significant or 
unique effect on state, local, or tribal governments or the private 
sector. The interim final supplementary rules have no effect on state, 
local, or tribal governments and do not impose any requirements on any 
of these entities. 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 one's property 
rights. Therefore, the BLM 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 the State of California, and 
do not conflict with any California state law or regulation. Therefore, 
in accordance with Executive Order 13132, the 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 California State Office of the BLM 
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.

Executive Order 13175, Consultation and Coordination With Indian Tribal 
Governments

    In accordance with Executive Order 13175, the BLM has 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, 
Indian resources, or tribal property rights. To comply with Executive 
Orders regarding government-to-government relations with Native 
Americans, formal and informal contacts were made with 26 federally 
recognized tribes and 2 non-recognized tribal governments with 
interests in the affected area. The tribes were provided with a copy of 
the Draft RMP. In addition, the BLM contacted each tribe directly 
requesting comments and assessing the need for a tribal briefing. The 
tribes expressed no concerns about the RMP or the decisions related to 
these interim final supplementary rules.

Information Quality Act

    The Information Quality Act (Section 515 of Pub. L. 106-554) 
requires Federal agencies to maintain adequate quality, objectivity, 
utility, and integrity of the information that they disseminate. In 
developing these interim final supplementary rules, the BLM did not 
conduct or use a study, experiment, or survey or disseminate any 
information in developing these supplementary rules.

Executive Order 13211, Effects on the Nation's Energy Supply

    These supplementary rules do not comprise a ``significant energy 
action,'' as defined in Executive Order 13211. The rules will not have 
a significant adverse effect on supplies, production, or consumption 
and have no connection with energy policy.

Paperwork Reduction Act

    These interim final supplementary rules do not contain information 
collection requirements that the Office of Management and Budget must

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approve under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.

Author

    The principal author of these interim final supplementary rules is 
Rich Burns, Field Manager, Ukiah Field Office.
    For the reasons stated in the preamble and under the authority for 
supplementary rules found in 43 CFR 8365.1-6, the California State 
Director, Bureau of Land Management, issues supplementary rules, 
effective on an interim final basis upon publication, for public lands 
managed by the Ukiah Field Office to read as follows:

Supplementary Rules for All Lands Within the Jurisdiction of the Ukiah 
Field Office

Section 1. Definitions

    Camping means the use of tents or shelters of natural or synthetic 
material, preparing a sleeping bag or other bedding material for use, 
or mooring of a vessel, or parking a vehicle or trailer for the 
apparent purpose of overnight occupancy.
    Cave Resource means any material or substance occurring naturally 
in caves on Federal lands, such as animal or plant material, 
paleontological deposits, sediments, minerals, speleogens (bedrock 
formations), and speleothems (secondary mineral deposits).
    Cliff means a very steep, vertical, or overhanging face of rock or 
earth.
    Climbing means all-gear assisted and non-gear assisted ascent or 
descent, especially by using both hands and feet.
    Firearm means any device designed to be used as a weapon, from 
which a projectile by the force of an explosion or other form of 
combustion is expelled through a barrel.
    Fireworks means a device for producing a striking display by the 
combustion of explosive or flammable compositions including those that 
are defined as legal for sale within the State of California, also 
known as ``safe and sane'' fireworks.
    Frontcountry means an area that represents a broad mix of uses.
    Hang Gliding and Paragliding means the use of all non-motorized, 
foot-launched aircraft.
    Hunting means the pursuit of game by any person in possession of a 
current legal California hunting license in accordance with State law.
    Motorized Vehicle means any vehicle which is self-propelled or 
propelled by electric or gas power.
    Middlecountry means an area generally with naturally appearing 
landscape except for obvious primitive roads.
    Off-Highway Vehicle (OHV) means any motorized vehicle capable of, 
or designed for, travel on or immediately over land, water, or other 
natural terrain.
    Open Fire means all fire with an exposed flame such as wood fires, 
campfires, charcoal barbecues, or camp stoves outside of fire rings in 
designated developed recreational sites.
    Projectile means any bullet, ball, sabot, slug, buckshot, arrow, or 
other object which is propelled from a device.
    Recreation Opportunity Spectrum (ROS) means a method of 
inventorying existing physical and social conditions.
    Shooting means the discharge of a weapon for non-hunting purposes.
    Sink Hole means a natural depression or hole in the surface 
topography caused by the removal of soil or bedrock by water.
    Street Legal Vehicle means any vehicle subject to registration 
under the California Vehicle Code (Section 4000 (a)).
    Weapon means any firearm, crossbow, bow and arrow, air or gas 
paintball gun, fireworks or explosive device capable of propelling a 
projectile by means of an explosion, compressed air, or by string or 
spring.

Section 2 Interim Final Supplementary Rules of Conduct

    The following rules apply year round to all visitors unless 
explicitly stated otherwise in a particular rule. The following persons 
are exempt from these interim final supplementary rules: any Federal, 
state, or local officer or employee acting in the scope of their 
duties; members of any organized rescue or fire-fighting force in 
performance of an official duty; and any person whose activities are 
authorized in writing by the BLM Authorized Officer.
    a. The following rules apply to all lands within the Ukiah Field 
Office jurisdiction.
    1. All routes are closed to motorized vehicles unless designated as 
open within the RMP.
    2. The use or possession of fireworks is prohibited.
    3. Hunting is allowed except where specifically prohibited.

    b. The following rules apply to all designated Scattered Tracts 
Management Areas within the jurisdiction of the Ukiah Field Office.
    The use of weapons is prohibited except when hunting.
Common to All Scattered Tracts Management Areas
    Scattered Tracts are BLM lands covered by the RMP but are not a 
part of any other management area. Scattered tracts total approximately 
47,000 acres and are found in every county containing public lands 
within the Ukiah Field Office area of jurisdiction.

    c. The following rules apply to all designated Areas of Critical 
Environmental Concern (ACEC) within the jurisdiction of the Ukiah Field 
Office.
Common to All ACECs
    It is prohibited to deface, remove, or destroy plants or their 
parts, soil, rocks, minerals, or cave resources within the following 
ACECs: Lost Valley--40 acres (Cow Mountain Management Area, Mendocino 
County), Knoxville--5,236 acres (Knoxville Management Area, Lake 
County), Walker Ridge--3,685 acres (Indian Valley Management Area, Lake 
and Colusa counties), Indian Valley Brodiaea--100 acres (Indian Valley 
Management Area, Lake County), Cache Creek--11,228 acres (Cache Creek 
Management Area, Lake, Colusa, and Yolo counties), Northern California 
Chaparral Research Area--11,206 acres (Cache Creek Management Area, 
Lake County), Cedar Roughs Research Natural Area--6,350 acres 
(Scattered Tracts Management Area, Napa County), Stornetta--887 acres 
(Stornetta Management Area, Mendocino County), Black Forest--247 acres 
(Scattered Tracts Management Area, Lake County), and The Cedars of 
Sonoma County--1,500 acres (Scattered Tracts Management Area, Sonoma 
County).

    d. The following rules apply to Cache Creek, Cow Mountain, 
Knoxville, Geysers, Indian Valley, Black Forest, the Cedars of Sonoma 
County and Stornetta Management Areas within the jurisdiction of the 
Ukiah Field Office.
Cache Creek Management Area
    Cache Creek encompasses approximately 73,000 acres of public land. 
It includes the Cache Creek Natural Area and the Cache Creek Wilderness 
Area. Cowboy Camp is a developed recreation site comprised of a day use 
area, an overnight parking area, and the group camp site. High Bridge 
is a developed recreation site comprised of a day use area and 
overnight parking area.
    1. Use of weapons is prohibited except when hunting.
    2. Defacing, removing, or destroying plants or their parts, soil, 
rocks, minerals, or cave resources is prohibited.
    3. Vehicles and horses are allowed in the Cowboy Camp group camp 
site from the third Saturday in April through the third Saturday in 
November.

[[Page 31983]]

    4. Camping is limited to the group camp site within the Cowboy Camp 
developed recreation site.
    5. High Bridge and Cowboy Camp developed recreation sites are open 
for day use only from one-half hour before sunrise to one-half hour 
after sunset except for long-term parking for overnight backcountry 
visitors.
Cow Mountain Management Area
    Cow Mountain is comprised of approximately 51,000 acres of public 
lands and divided into North and South Cow Mountain. The use of weapons 
is limited to designated shooting areas except when hunting.
South Cow Mountain OHV (Portion) of Cow Mountain Management Area
    1. Operating a motorized vehicle is prohibited within South Cow 
Mountain OHV unit during wet weather closures (resulting from 
accumulated precipitation) or administrative closures.
    2. Wet Weather Closure--During periods of seasonal and severe 
storms (beginning October 1)--When total annual precipitation exceeds 
four inches and at least one-half inch of precipitation has fallen in 
24 hours or one inch in 72 hours the authorized officer has determined 
that motorized vehicles will cause considerable adverse effects upon 
the soil, vegetation, wildlife, and other resources. Pursuant to 43 CFR 
8341.2 the Ukiah Field Office will implement a temporary closure of all 
routes to all motorized vehicles for a minimum of three days. Once the 
area has been closed, a field inspection will be completed prior to 
reopening and daily thereafter to determine suitability of road and 
trail conditions. When field observations show that motorized vehicle 
use can occur without causing considerable adverse effects as described 
in 43 CFR 8341.2, the temporary closure will be terminated. Exceptions 
to this temporary closure will only be granted to private landowners 
who need to access their property. Landowners will only be able to 
access their property via the most direct route and are not allowed to 
use a motorized vehicle on any other part of the South Cow Mountain OHV 
Area. Consistent with 43 CFR 8341.2 this policy is subject to 
modification due to changing resource conditions.
North Cow Mountain (Portion) of Cow Mountain Management Area
    1. The Mendo-Rock Road, Water Tank Spur, Willow Creek Road, Rifle 
Range Road, Radio Tower Road, Rifle Range Maintenance Spur, and 
Mayacmas Campground Road are open year round and limited to street 
legal vehicles only.
    2. Routes open during general deer season and limited to street 
legal vehicles only are Firebreak 1, McClure Creek Ridge Spur, 
McClure Creek Spur, Sulphur Creek Spur, and Sulphur Creek Ridge Spur.
    3. All other routes are closed year round to street legal and 
motorized vehicles.
Knoxville Management Area
    The Knoxville area contains approximately 24,000 acres of public 
lands.
    1. Use of weapons is prohibited except when legally hunting.
    2. Adams Ridge Road is open to street legal vehicles during general 
deer season.
Geysers Management Area
    Geysers encompasses about 7,100 acres that are public lands.
    Shooting is allowed in ROS zone Middlecountry.
Indian Valley Management Area
    Shooting is allowed in ROS zones Middlecountry and Frontcountry.
Black Forest/The Cedars of Sonoma County Management Area
    Black Forest includes 247 acres on Mount Konocti just south of Soda 
Bay on Clear Lake.
    The Cedars of Sonoma County includes 1,500 acres and is located two 
miles northeast of the Austin Creek State Recreation Area. The rules 
identified for the Black Forest and Cedars of Sonoma are consistent 
with the management direction established in the RMP.
    1. Motorized vehicle use is prohibited.
    2. Climbing on the cliffs is prohibited.
    3. Use of weapons is prohibited except when hunting.
Stornetta Management Area
    The 1,132-acre Stornetta Management Area is located along the 
Mendocino County coastline just north of the town of Point Arena. The 
rules identified for the Stornetta Management Area are consistent with 
the management direction established in the RMP.
    1. Use of weapons is prohibited.
    2. Hunting is prohibited.
    3. Hang gliding or paragliding is prohibited.
    4. Camping is prohibited.
    5. The area is open for day use only from one-half hour before 
sunrise to one-half hour after sunset.
    6. Use of motorized vehicles is prohibited.
    7. Beach access is permitted only at the designated access trails 
marked by signs. These locations are mile marker 1.4 and 2.3 from the 
Highway 1 and Lighthouse Road intersection.
    8. Climbing on cliffs and in or around sink holes is prohibited.
    9. Dogs must be on a leash no longer than six feet or otherwise 
physically restricted at all times.
    10. Open fires are prohibited.
    11. Cutting or collecting firewood is prohibited.
    12. Feeding or harassing wildlife is prohibited.
    13. Physical removal of any resources including, but not limited 
to, vegetation, animals, driftwood, and shells, is prohibited.

Section 3 Penalties

    Any person who violates any of these interim final supplementary 
rules may be tried before a U.S. 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 and 2932.57(b). Such violations may also be 
subject to the enhanced fines provided for by 18 U.S.C. 3571.

A. Este Stifel,
Acting Associate State Director.
[FR Doc. 2011-13728 Filed 6-1-11; 8:45 am]
BILLING CODE 4310-40-P