[Federal Register Volume 76, Number 131 (Friday, July 8, 2011)]
[Notices]
[Pages 40391-40393]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-17149]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLID9900000.L1210000.NU0000; G0-00]


Final Supplementary Rules on Public Lands in Idaho

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of final supplementary rules.

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SUMMARY: The Bureau of Land Management (BLM) Idaho State Office is 
establishing supplementary rules relating to the illegal use and 
possession of alcohol, drugs, and drug paraphernalia on public lands. 
The BLM State Office is also establishing final supplementary rules 
prohibiting the possession of an open alcoholic beverage container by 
operators or passengers in or on either a vehicle or off-highway 
vehicle, on public lands administered by the BLM in Idaho. These 
supplementary rules are necessary to protect natural resources and the 
health and safety of public land users. These supplementary rules will 
allow BLM Law Enforcement personnel to continue enforcing existing 
public land regulations pertaining to alcohol and drug use in a manner 
consistent with current State of Idaho statutes.

DATES: These rules are effective August 8, 2011.

ADDRESSES: You may direct inquiries to Keith McGrath, State Staff Law 
Enforcement Ranger, Bureau of Land Management, Idaho State Office, 1387 
S. Vinnell Way, Boise, Idaho 83709; or by e-mail to [email protected].

FOR FURTHER INFORMATION CONTACT: Keith McGrath, Bureau of Land 
Management, (208) 373-4046, [email protected]. 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. You will receive a reply 
during normal business hours.

SUPPLEMENTARY INFORMATION: 

I. Background
II. Discussion of Public Comments
III. Discussion of Final Supplementary Rules
IV. Procedural Matters

I. Background

    Although two BLM Districts in the State of Idaho have issued rules 
mirroring the State of Idaho statutes pertaining to underage possession 
and consumption of alcohol, the BLM has no statewide supplementary 
rules regarding the illegal possession or use of alcohol on public 
lands. In the absence of specific regulations, law enforcement officers 
have regulated this illegal behavior under broader regulations, 
creating a lack of consistency with surrounding governing entities. 
These final supplementary rules will bring consistency to all BLM-
administered land throughout the State and promote consistency between 
the BLM and other agencies, including the State of Idaho, County 
Sheriff's Offices, Idaho State Police, and various Federal agencies 
where working relationships and partnerships exist in public land 
management.
    In keeping with the BLM's goal to reduce threats to public health, 
safety, and property, these final supplementary rules are necessary to 
protect natural resources, allow for safe public recreation, reduce the 
potential for damage to the environment, and enhance the safety of 
visitors and neighboring residents. Alcohol-related offenses are a 
growing problem on the public lands. Unlawful consumption of alcohol 
and drugs has the potential to pose a significant health and safety 
hazard to all users. Operation of motor vehicles while under the 
influence of alcohol or drugs has been demonstrated to result in the 
destruction of natural resources and property, and/or serious physical 
injury or death. Vandalism to public land resources resulting from 
illegal alcohol and drug use and the

[[Page 40392]]

clear risks to public safety demonstrate the need for greater 
regulation of these activities.
    For the purposes of these final supplementary rules, an alcoholic 
beverage is any liquid or solid containing more than 3 percent of 
alcohol by weight. The BLM has chosen 3 percent alcohol by weight to 
account for 3.2 percent beer sold in Idaho. The State of Idaho defines 
an alcoholic beverage as a liquid or solid containing more than 4 
percent of alcohol by weight, and addresses prohibition of open 
containers of beer in motor vehicles, including 3.2 percent beer, in a 
slightly different manner than BLM rules. The BLM has determined that 
setting the threshold at 3 percent alcohol by weight would be the 
clearest way to account for all Idaho State prohibitions.
    Possession of drug paraphernalia has frequently been linked to 
other illegal uses of controlled substances including cultivation, 
manufacture, and possession for distribution. The BLM, in keeping with 
the mandates of the President's Office of National Drug Control Policy 
National Drug Control Strategy, will continue its efforts to reduce 
illegal use of controlled substances on public lands. These final 
supplementary rules provide for consistent application and enforcement 
of alcohol and drug regulations on public lands, further enhancing 
public safety by all public land users.
    These final supplementary rules supersede that portion of the 
existing supplementary rule enacted in the BLM Idaho Falls District (67 
FR 30958) and the restriction orders (ID-060-20 and ID-420-05) 
currently in place for the BLM Coeur d'Alene District pertaining to the 
underage possession and consumption of alcoholic beverages and the 
possession of an open container of alcohol in a motor vehicle.

II. Discussion of Public Comments

    The BLM Idaho State Office proposed supplementary rules in the 
Federal Register on September 22, 2010 (75 FR 57813). Public comments 
were accepted by mail and/or e-mail for a 60-day period ending on 
November 22, 2010. The BLM received two written comments concerning the 
proposed rules. One commenter sought clarification on whether violators 
of the rules would be required to appear before a magistrate. Under 
these rules, violators would have the option of mailing payment of the 
fine associated with the citation or appearing before a magistrate.
    The second commenter voiced concern about the fiscal impact of the 
proposed supplementary rules, as well as about the creation of new 
laws. These final supplementary rules will have no budgetary impact and 
do not create new laws, but rather serve to allow BLM Law Enforcement 
to continue to enforce existing laws in a manner consistent with Idaho 
Statutes and those of surrounding States. As such, neither comment 
resulted in changes to the proposed rules.

III. Discussion of Final Supplementary Rules

    The final supplementary rules apply to BLM-managed lands within the 
State of Idaho. These final supplementary rules are necessary to 
protect natural resources and the health and safety of public land 
users. These supplementary rules will allow BLM Law Enforcement 
personnel to enforce existing public land regulations pertaining to 
alcohol and drug use in a manner consistent with current State of Idaho 
statutes.
    No changes to the proposed supplementary rules were necessary after 
public comment and the final supplementary rules remain as proposed, 
with the exception of some minor editing that is not substantive.

IV. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    The 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. The final supplementary rules will 
not have an 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. The final supplementary 
rules will not create a serious inconsistency or otherwise interfere 
with an action taken or planned by another agency. The final 
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. The rules merely contain rules of conduct for public use 
of a limited selection of public lands and provide greater consistency 
with the Idaho State Code to protect public health and safety.

National Environmental Policy Act

    The BLM has found that these final supplementary rules comprise a 
category or kind of action that has no significant individual or 
cumulative effect on the quality of the human environment. See 40 CFR 
1508.4; 43 CFR 46.210. Specifically, the establishment of these final 
supplementary rules is an action that is of an administrative, 
financial, legal, technical, or procedural nature within the meaning of 
43 CFR 46.210(i), and none of the extraordinary circumstances listed at 
43 CFR 46.215 are applicable. Therefore, the BLM is not required to 
prepare an environmental assessment or an environmental impact 
statement for these final supplementary rules.

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 final supplementary rules 
merely establish rules of conduct for public use of a limited area of 
public lands and should have no effect on business entities of any 
size. Therefore, the BLM has determined under the RFA that these 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 final supplementary rules do not constitute a ``major rule'' 
as defined at 5 U.S.C. 804(2). They would not result in an effect on 
the economy of $100 million or more, an increase in costs or prices, or 
significant adverse effects on competition, employment, investment, 
productivity, innovation, or the ability of United States-based 
enterprises to compete with foreign-based enterprises in domestic and 
export markets. These rules merely establish rules of conduct for 
public use of a limited area of public lands and do not affect 
commercial or business activities of any kind.

Unfunded Mandates Reform Act

    These 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 final supplementary rules have 
a significant or unique effect on State, local, or Tribal governments 
or the private sector. These final rules have no effect on State, 
local, or Tribal governments and do not impose any requirements on any 
of

[[Page 40393]]

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)

    These final supplementary rules do not have significant takings 
implications, nor are they capable of interfering with constitutionally 
protected property rights. Therefore, the BLM has determined that these 
rules will not cause a ``taking'' of private property or require 
preparation of a takings assessment.

Executive Order 13132, Federalism

    The final supplementary rules will not have a substantial direct 
effect 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 final 
supplementary rules do not conflict with any Idaho State law or 
regulation. Therefore, in accordance with Executive Order 13132, the 
BLM has determined that these final supplementary rules do not have 
sufficient federalism implications to warrant preparation of a 
Federalism Assessment.

Executive Order 12988, Civil Justice Reform

    The BLM has determined that these 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 Executive Order 12988.

Executive Order 13175, Consultation and Coordination With Indian Tribal 
Governments

    The BLM has found that these supplementary rules do not include 
policies that have Tribal implications. The supplementary rules 
prohibit the illegal use of alcoholic beverages and illegal drugs on 
public lands and do not involve Indian Tribal rights.

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 supplementary rules, the BLM did not conduct or use a 
study, experiment, or survey or disseminate any information to the 
public.

Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    These final supplementary rules do not constitute a significant 
energy action. The final supplementary rules will not have an adverse 
effect on energy supplies, production, or consumption, and have no 
connection with energy policy.

Paperwork Reduction Act

    These 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 this supplementary rule is Keith McGrath, 
State Staff Law Enforcement Ranger, Bureau of Land Management.
    For the reasons stated in the Preamble, and under the authority of 
43 CFR 8365.1-6, the Idaho State Director, Bureau of Land Management, 
issues supplementary rules for public lands in Idaho, to read as 
follows:

Supplementary Rules for the State of Idaho

Definitions

    Alcoholic beverage means any liquid or solid, patented or not, 
containing alcohol, spirits, or wine, and susceptible of being 
consumed by a human being, for beverage purposes, and containing 
more than 3 percent of alcohol by weight.
    Alcohol means the product of distillation of any fermented 
liquor, rectified either once or more often, whatever may be the 
origin thereof, or synthetic ethyl alcohol.
    Beer means any alcoholic beverage obtained by the alcoholic 
fermentation of an infusion or decoction of barley, malt and/or 
other ingredients in drinkable water.
    Wine means any alcoholic beverage obtained by the fermentation 
of the natural sugar content of fruits (grapes, apples, etc.) or 
other agricultural products containing sugar (honey, milk, etc.).
    Vehicle means any motorized transportation conveyance designed 
and licensed for use on roadways, such as an automobile, bus, or 
truck, and any motorized conveyance originally equipped with safety 
belts.
    Off-Highway Vehicle (OHV) means any motorized vehicle capable 
of, or designed for, travel on or immediately over land, water, or 
other natural terrain.
    On public land administered by the BLM within the State of 
Idaho:
    A. You must not violate any State laws relating to the purchase, 
possession, supply, use or consumption of alcohol.
    B. You must not drink or possess an open alcoholic beverage, 
including beer or wine, while operating or as a passenger in or on 
either a vehicle or off highway vehicle.
    C. You must not possess any drug paraphernalia in violation of 
any State law.
    Penalties: On public lands 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, 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. 
Such violations may also be subject to enhanced fines provided for 
by 18 U.S.C. 3571.

Peter J. Ditton,
BLM Idaho State Director, Acting.
[FR Doc. 2011-17149 Filed 7-7-11; 8:45 am]
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