[Federal Register Volume 77, Number 218 (Friday, November 9, 2012)]
[Notices]
[Pages 67391-67394]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-27402]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLNVW01000 L12200000.EA0000 241A; MO 4500033780; 12-08807; 
TAS: 14X1106]


Notice of Proposed Supplementary Rules on Public Land in Water 
Canyon, Humboldt County, NV

AGENCY: Bureau of Land Management, Interior.

ACTION: Proposed supplementary rules.

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SUMMARY: The Bureau of Land Management (BLM) is proposing supplementary 
rules relating to camping, the discharge of firearms, and the use of 
motor vehicles, to protect public safety and resources on public land 
within the Water Canyon Recreation Area. These proposed supplementary 
rules would include limitations and restrictions included within the 
decisions of the Water Canyon Recreation Area Management Plan, 
Environmental Assessment (EA), Decision Record, and Cooperative 
Management Agreement approved August 15, 1997, and the Water Canyon 
Implementation Plan Amendment EA signed August 2005.

DATES: Comments on the proposed supplementary rules must be received or 
postmarked by January 8, 2013 to be assured consideration.

ADDRESSES: Please mail comments to Michael Truden, Winnemucca District, 
Humboldt River Field Office, 5100 E Winnemucca Boulevard, Winnemucca,

[[Page 67392]]

Nevada 89445; or email comments to [email protected], Attn: ``Water 
Canyon.''

FOR FURTHER INFORMATION CONTACT: Joey Carmosino, Winnemucca District, 
Humboldt River Field Office at 775-623-1771 or email: [email protected]. 
Persons who use a telecommunications device for the deaf (TDD) may call 
the Federal Information Relay Service (FIRS) at 1-800-877-8339 to 
contact the above individual during normal business hours. The FIRS is 
available 24 hours a day, 7 days a week, to leave a message or question 
with the above individual. You will receive a reply during normal 
business hours.

SUPPLEMENTARY INFORMATION:

I. Public Comment Procedures
II. Background
III. Discussion of the Proposed Supplementary Rules
IV. Procedural Matters
V. Proposed Supplementary Rules

I. Public Comment Procedures

    Written comments on the proposed supplementary rules should be 
specific, be confined to issues pertinent to the proposed supplementary 
rules, and explain the reason for any recommended change. Where 
possible, comments should reference the specific section or paragraph 
of the proposal which the comment is addressing. The BLM is not 
obligated to consider or include in the Administrative Record for the 
final supplementary rules comments either postmarked or electronically 
dated after the deadline or delivered to an address other than the 
address listed above (See ADDRESSES). Comments (including names, street 
addresses, and other contact information of respondents) will be 
available for public review at the Winnemucca District Office, 5100 E. 
Winnemucca Boulevard, Winnemucca, Nevada. Before including your 
address, phone number, email 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 Water Canyon Recreation Area is 4 miles southeast of 
Winnemucca, Nevada. Water Canyon is managed by the BLM Winnemucca 
District, Humboldt River Field Office with Recreation Management Zones. 
Zone 1, which is approximately 131 acres, is managed under moderate 
development actions organized around the lowland and riparian areas of 
the Water Canyon Recreation Area, allowing for more developed 
recreation in the form of established campgrounds, facilities, and 
trails. The Zone 2 upland area of approximately 2,579 acres is managed 
under an emphasis for more dispersed and undeveloped recreational 
opportunities. The BLM has completed two site-specific land use plans 
for the Water Canyon Recreation Area:
     The Water Canyon Management Plan, Cooperative Management 
Agreement, Environmental Assessment, and Decision Record (August 15, 
1997); and
     The Water Canyon Implementation Plan Amendment, 
Environmental Assessment, and Decision Record (November 16, 2005).
    These supplementary rules would affect public lands identified as 
Zone 1 of the Water Canyon Recreational Area. Zone 1, which is 
identified in the Water Canyon Management Plan and EA, and the 
Cooperative Management Agreement, is the portion of the Canyon that 
receives the most recreational use. Zone 1 is a fenced corridor of 
public land within Township 35 North, Range 38 East, Mount Diablo 
Meridian, through portions of sections 2, 11, and 12, in Humboldt 
County, Nevada. The Zone 1 fenced corridor is of variable width 
perpendicular to the centerline of Water Canyon Road with an overall 
width average of approximately 600 feet and runs approximately 1.8 
miles in length along Water Canyon Road, in Township 36 North Range 38 
East, parts of sections 2, 11 and 12.
    A map of the area is available at the Winnemucca District, Humboldt 
River Field Office at the address shown in the ADDRESSES section, 
above.
    The proposed supplementary rules are necessary to help the BLM 
achieve management objectives and implement decisions in the Management 
Plan, associated EA, and Decision Record, Cooperative Management 
Agreement approved August 15, 1997, and the Implementation Plan signed 
August 2005 and to increase public safety.
    The Cooperative Management Agreement for Water Canyon was a 
collaborative effort undertaken among the BLM, the Nevada Department of 
Wildlife, Humboldt County, the City of Winnemucca, and the public to 
elicit concerns, define issues, and develop a set of desired future 
conditions for the planning area. The outcome of this process was the 
development of a set of objectives intended to guide subsequent 
management actions within the canyon. These objectives, which can be 
found in the 2005 Implementation Plan, include: Protecting surface and 
subsurface water quality within the watershed; providing recreational 
opportunities; preserving broad-leafed trees, high quality riparian 
areas, and grassy meadows; and providing for a diversity of wildlife 
habitats.
    To achieve these objectives, the BLM evaluated a series of 
alternative proposals that prescribed different allowable uses of the 
planning area and defined other management actions to reach these 
desired outcomes. The evaluation process led to a series of management 
decisions that emphasized a combination of moderate and low development 
actions organized around the division of the planning area into lowland 
(Zone 1) and upland (Zone 2) areas.

III. Discussion of the Proposed Supplementary Rules

    In the preparation of the two EAs, the BLM sought public review of 
three alternatives in the Management Plan and two alternatives in the 
Implementation Plan. These EAs discuss specific management actions that 
restrict certain activities and define allowable uses. The proposed 
supplementary rules would implement these management actions within 
Zone 1 of the Water Canyon Recreation Area.
    The proposed supplementary rules would:
    1. Limit camping within Zone 1 of the Water Canyon Recreation Area 
to no more than 3 consecutive nights in a 30-day period. Water Canyon 
is a popular recreational spot for the local community of Winnemucca. 
Limiting the length of camping would increase the opportunities for 
multiple community residents to enjoy the campground and enhance the 
experience of day users.
    2. Prohibit the discharge of any firearm in Zone I. This rule is 
proposed as a safety measure. The City of Winnemucca, population 7,400, 
and Grass Valley, population 1,160, are in close proximity to Zone 1, 
which receives more than 50,000 visitors annually.
    3. All motor vehicles must not exceed the posted speed limit of 20 
miles per hour on the main access/canyon road in Zone I. This speed 
limit is proposed because there have been numerous accidents along the 
main access/canyon road in Zone 1. These accidents have primarily been 
a result of excess speed due to no posted or enforceable speed limit.
    4. All motor vehicles are restricted to travel only on the main 
access/canyon

[[Page 67393]]

road in Zone 1. This restriction is proposed to further protect the 
wetland and riparian areas that are in close proximity to the main 
access/canyon road in Zone 1.

IV. Procedural Matters

Regulatory Planning and Review (Executive Orders 12866 and 13563)

    The proposed supplementary rules would not constitute 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 would not have an annual effect of $100 million or 
more on the economy. They would 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 proposed supplementary rules would not create a 
serious inconsistency or otherwise interfere with an action taken or 
planned by another agency. The proposed supplementary rules would not 
materially alter the budgetary effects of entitlements, grants, user 
fees, or loan programs or the rights or obligations of their 
recipients; nor would they raise novel legal or policy issues. The 
proposed supplementary rules merely would be rules of conduct for 
public use of a limited area of public lands.

Clarity of the Regulations

    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 the 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 clarity?
    4. Is the description of the proposed supplementary rules in the 
SUPPLEMENTARY INFORMATION section of this preamble helpful in 
understanding the supplementary rules? How could this description be 
more helpful in making the proposed supplementary rules easier to 
understand?

Please send any comments you have on the clarity of the rule to the 
address specified in the ADDRESSES section.

National Environmental Policy Act

    These proposed supplementary rules provide for enforcement of 
decisions made in:
     The Water Canyon Management Plan, Cooperative Management 
Agreement, EA, and Decision Record; and
     The Water Canyon Implementation Plan Amendment, 
Environmental Assessment, and Decision Record (November 16, 2005).

    During the National Environmental Policy Act process for each plan, 
many proposed actions were fully analyzed, including these proposed 
supplementary rules. The pertinent analysis and rationale can be found 
in the Management Plan, inclusive of the EA, Decision Record, and 
Cooperative Management Agreement approved August 15, 1997, and the 
Implementation Plan EA signed in 2005. The EAs mentioned above are 
available for review in the BLM administrative record at the address 
specified in the ADDRESSES section.
    The BLM reviewed the EAs and found that the proposed supplementary 
rules would not constitute a major Federal action significantly 
affecting the quality of the human environment under the National 
Environmental Policy Act (NEPA) Section 102(2)(C), 42 U.S.C. 
4332(2)(C).

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 proposed supplementary rules 
would merely establish rules of conduct for public use of a limited 
area of 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

    The proposed supplementary rules are not a ``major rule'' as 
defined under 5 U.S.C. 804(2). The proposed supplementary rules would 
merely establish rules of conduct for public use of a limited area of 
public lands and would not affect commercial or business activities of 
any kind.

Unfunded Mandates Reform Act

    The proposed supplementary rules would not impose an unfunded 
mandate on State, local, or tribal governments in the aggregate, or on 
the private sector of more than $100 million per year; nor would they 
have a significant or unique effect on small governments. The proposed 
supplementary rules would have no effect on governmental or tribal 
entities and would impose no requirements on any of these entities. The 
proposed supplementary rules would merely establish rules of conduct 
for public use of a limited area of public lands and would not affect 
tribal, commercial, or business activities of any kind. 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 proposed supplementary rules would not have significant takings 
implications, nor would they be capable of interfering with 
Constitutionally protected property rights. The proposed supplementary 
rules would merely establish rules of conduct for public use of a 
limited area of public lands and would not affect anyone's property 
rights. Therefore, the BLM has determined that these rules would not 
cause a taking of private property or require preparation of a takings 
assessment under this Executive Order.

Executive Order 13132, Federalism

    These proposed supplementary rules would not have a substantial 
direct effect on the states, the relationship between the national 
government and the states, nor the distribution of power and 
responsibilities among the various levels of government. These proposed 
supplementary rules would not come into conflict with any State law or 
regulation. Therefore, under Executive Order 13132, the BLM has 
determined that these proposed supplementary rules would not have 
sufficient Federalism implications to warrant preparation of a 
Federalism Assessment.

Executive Order 12988, Civil Justice Reform

    Under Executive Order 12988, the BLM has determined that these 
proposed supplementary rules would not unduly burden the judicial 
system and that they would meet the requirements of Sections 3(a) and 
3(b) (2) of the Order.

[[Page 67394]]

Executive Order 13175, Consultation and Coordination With Indian Tribal 
Governments

    In accordance with Executive Order 13175, the BLM has determined 
that these proposed supplementary rules would not include policies that 
have tribal implications. There are no tribal implications associated 
with the proposed rule. The proposed rule applies only to the narrow 
Zone 1 area, which is within the larger area of Water Canyon. There are 
no tribal lands in the vicinity.

Paperwork Reduction Act

    These proposed supplementary rules would not directly provide for 
any information collection that the Office of Management and Budget 
must approve under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. 
Any information collection that may result from Federal criminal 
investigations or prosecution conducted under these proposed 
supplementary rules is exempt from the provisions of the Paperwork 
Reduction Act of 1995, 44 U.S.C. 3518(c)(1).

Author

    The principal author of these proposed supplementary rules is Joey 
Carmosino, Humboldt River Field Office Recreation Planner, Winnemucca 
District, 5100 E. Winnemucca Boulevard, Winnemucca, Nevada 89445.

V. Proposed Supplementary Rules

    For the reasons stated in the preamble and under the authorities 
for supplementary rules found at 43 U.S.C. 1740 and 43 CFR 8365.1-6, 
the BLM Nevada State Director proposes supplementary rules for public 
lands managed by the BLM in Nevada, to read as follows:

Proposed Supplementary Rules for Zone 1 of the Water Canyon Recreation 
Area

Definitions

    Firearm means any weapon or any implement designed to or that may 
be converted to expel a projectile; including, but not limited to, by 
the action of an explosive, a compressed gas or spring powered pistol 
or rifle, bow and arrow, crossbow, blowgun, spear gun, spear, sling 
shot, or irritant gas device.
    Motor vehicle includes, but is not limited to, automobiles, 
motorcycles, all-terrain vehicles, and off-highway vehicles.

Supplementary Rules

    1. These supplementary rules apply, except as specifically 
exempted, to activities within Zone 1 of the Water Canyon Recreation 
Area, which is comprised of public lands administered by the BLM near 
Winnemucca, Nevada.
    2. These supplementary rules are in effect on a year-round basis.
    3. Camping in Zone I is limited to no more than 3 consecutive 
nights in a 30-day period.
    4. The discharge of any firearm in Zone I is prohibited.
    5. All motor vehicles must not exceed the posted speed limit of 20 
miles per hour on the main access/canyon road in Zone I.
    6. All motor vehicles are restricted to travel only on the main 
access/canyon road in Zone 1.

Exemptions

    The following persons are exempt from these supplementary rules: 
Any Federal, State, local or military persons acting within the scope 
of their duties; and members of an organized rescue or firefighting 
force in performance of an official duty.

Penalties

    Under Section 303(a) of the Federal Land Policy and Management Act 
(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 the enhanced 
fines provided for by 18 U.S.C. 3571. In accordance with 43 CFR 8365.1-
7, State or local officials may also impose penalties for violations of 
Nevada law.

Amy Lueders,
Bureau of Land Management, State Director, Nevada.
[FR Doc. 2012-27402 Filed 11-8-12; 8:45 am]
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