Recreation management restrictions, etc.: Little Sahara Special Recreation Management Area, UT; supplementary rules,

[Federal Register: January 24, 2003 (Volume 68, Number 16)]

[Notices]

[Page 3546-3548]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr24ja03-110]

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[UT-010-1232-HB-UT17-24-1A]

Notice of Final Supplementary Rules on Public Lands in Utah

AGENCY: Bureau of Land Management, Interior.

ACTION: Final supplementary rules for certain public lands managed by the Bureau of Land Management within the Little Sahara Special Recreation Management Area, Fillmore Field Office, Utah.

SUMMARY: The Bureau of Land Management (BLM) is issuing final supplementary rules to apply to the public lands within the Little Sahara Special Recreation Management Area, Fillmore Field Office, Utah. The rules are necessary for the management of actions, activities, and public use on certain public lands which may have or are having adverse impacts on persons using public lands, on property, and on resources located on public lands located in, or acquired for inclusion within, the Little Sahara Special Recreation Management Area.

EFFECTIVE DATE: February 24, 2003.

ADDRESSES: Mail: Bureau of Land Management, 35 E 500 N, Fillmore, Utah 84631. Personal or messenger delivery: 35 E 500 N, Fillmore, Utah 84631.

FOR FURTHER INFORMATION CONTACT: Ferris Clegg, Bureau of Land Management, Richfield Field Office, 150 East 900 North, Richfield, Utah 84701. Telephone (435)896-1500.

SUPPLEMENTARY INFORMATION:

1. Publication of Proposed Supplementary Rules and Discussion of Comments

   The proposed supplementary rules for the Little Sahara Special Recreation Management Area were published in the Federal Register on August 22, 2002 (67 FR 54456), and allowed 30 days for public comment.

   We received no comments on the proposed supplementary rules. Therefore, we are publishing them as final supplementary rules without change, except for the following:

   (1) We are correcting typographical or printing errors that appeared in the proposed supplementary rules;

   (2) We are editorially changing the heading of Sec. 3.0 from ``Permits and Fees'' to ``Fees and Contracts,'' which better reflects the contents of the following two sections; and

   (3) We are adding to Sec. 1.2 the requirement that drivers must have either a valid motor vehicle operator's license or a safety certificate issued by the Utah Division of Parks and Recreation. We also removed the erroneous requirement in this section of the proposed supplementary rules that a child must be 8 years old or older to ride as a passenger on an OHV. These are not policy changes, but rather amendments to conform with Utah State law and rules (The Utah Off- Highway Vehicle Act, and The Utah Board of Parks and Recreation Rules, 41-22-30. Supervision, Safety Certificate, or Driver License Required-- Penalty).

   [[Page 3547]]

2. Discussion of the Supplementary Rules

   The Utah State Director of the Bureau of Land Management is establishing these supplementary rules under 43 CFR 8365.1-6. They are necessary for the protection of persons, property and public lands and resources within--

   [sbull] The Little Sahara Special Recreation Management Area,

   [sbull] Lands acquired for inclusion in the Little Sahara Special Recreation Management Area, and

   [sbull] All lands that may be incorporated into the Little Sahara Special Recreation Management Area.

   These rules are in addition to and supplement the regulations found in 43 CFR part 8300.

   The affected lands are located in the following areas:

   Salt Lake Base Meridian

   T.12S., R.4W.

   Sec. 19, lots 3 and 4, E\1/2\SW\1/4\, and SE\1/4\;

   Sec. 20, W\1/2\SW\1/4\, and SE\1/4\SW\1/4\;

   Sec. 28, S\1/2\SW\1/4\;

   Sec. 29, W\1/2\NE\1/4\, SE\1/4\NE\1/4\, W\1/2\, and SE\1/4\;

   Secs. 30 to 33, inclusive;

   Sec. 34, SW\1/4\NW\1/4\, SW\1/4\, and S\1/2\SE\1/4\. T.13S., R.4W.

   Secs. 3 to 10, inclusive;

   Sec. 15, N\1/2\, SW\1/4\, N\1/2\SE\1/4\, and SW\1/4\SE\1/4\;

   Secs. 16 to 21, inclusive;

   Sec. 22, NW\1/4\, W\1/2\SW\1/4\;

   Sec. 28, lots 1, 2, 3, and 4;

   Sec. 29, lots 1, 2, 3, and 4, SW\1/4\NE\1/4\, S\1/2\NW\1/4\, SW, and W\1/2\SE\1/4\;

   Sec. 30 and 31;

   Sec 32, W\1/2\E\1/2\, W\1/2\. T.14S., R4W.

   Sec. 5, lots 1, 2, 3, and 4, S\1/2\N\1/2\, SW\1/4\, and W\1/ 2\SE\1/4\;

   Secs. 6 and 7;

   Sec. 8, W\1/2\;

   Sec. 17, W\1/2\NW\1/4\;

   Sec. 18, T.12S., R5W.;

   Sec. 24, S\1/2\;

   Sec. 25 to 29, inclusive;

   Sec .30, SE\1/4\NE\1/4\, SE\1/4\SW\1/4\, and SE\1/4\;

   Secs. 31 to 36, inclusive. T.13S., R5W.

   Secs. 1 to 36, inclusive. T.14S., R5W.

   Secs. 1 to 5, inclusive;

   Sec. 6, lots 1 to 9, inclusive, S\1/2\NE\1/4\, SE\1/4\NW\1/4\, E\1/2\SW\1/4\, and SE\1/4\;

   Sec. 7, E\1/2\;

   Secs. 8 to 15, inclusive;

   Sec. 16, N\1/2\;

   Sec. 17, N\1/2\;

   Sec. 18, NE\1/4\NE\1/4\;

   Secs. 22 to 24, inclusive.

3. Procedural Requirements

   Executive Order 12866, Regulatory Planning and Review

   These supplementary rules are not a significant regulatory action and are not subject to review by Office of Management and Budget under Executive Order 12866. These supplementary rules will not have an effect of $100 million or more on the economy. They are directed at preventing unlawful personal behavior on public lands, for purposes of protecting public health and safety. 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 proposed supplementary rules will not create a serious inconsistency or otherwise interfere with an action taken or planned by another agency. The supplementary rules do not alter the budgetary effects of entitlements, grants, user fees, or loan programs or the rights or obligations of their recipients; nor do they raise novel legal or policy issues. The supplementary rules merely enable BLM law enforcement personnel to enforce state laws where appropriate on public lands.

   National Environmental Policy Act

   BLM has prepared an environmental assessment (EA) and has found that the supplementary rules do not constitute a major Federal action significantly affecting the quality of the human environment under section 102(2)(C) of the Environmental Protection Act of 1969 (NEPA), 42 U.S.C. 4332(2)(C). The supplementary rules will enable BLM law enforcement personnel to cite persons not obeying the rules of the Little Sahara Special Recreation Area for the purpose of protecting public health and safety. 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 of 1980, as amended, 5 U.S.C. 601-612, (RFA) to ensure that Government regulations do not unnecessarily or disproportionately burden small entities. The RFA requires a regulatory flexibility analysis if a rule will have a significant economic impact, either detrimental or beneficial, on a substantial number of small entities. The supplementary rules do not pertain specifically to commercial or governmental entities of any size, but contain rules to protect the health and safety of individuals, property, and resources on the public lands. Therefore, BLM has determined under the RFA that these supplementary rules will not have a significant economic impact on a substantial number of small entities.

   Small Business Regulatory Enforcement Fairness Act (SBREFA)

   These supplementary rules do not constitute a ``major rule'' as defined in SBREFA (5 U.S.C. 804(2)). Again, the supplementary rules pertain only to individuals who may use the public lands. In this respect, the regulation of such use is necessary to protect the public lands and facilities and those, including small business concessioners and outfitters, who use them. The supplementary rules have no effect on business-commercial or industrial use of the public lands.

   Unfunded Mandates Reform Act

   These 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 supplementary rules have a significant or unique effect on state, local, or tribal governments or the private sector. The supplementary rules do not require anything of state, local, or tribal governments. Therefore, 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 supplementary rules do not represent a governmental action capable of interfering with constitutionally protected property rights. The supplementary rules do not address property rights in any form, and do not cause the impairment of anyone's property rights. Therefore, the Department of the Interior has determined that the supplementary rules will not cause a taking of private property or require further discussion of takings implications under this Executive Order.

   Executive Order 13132, Federalism

   The 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 supplementary rules apply 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 supplementary rules do not have sufficient Federalism

   [[Page 3548]]

   implications to warrant preparation of a Federalism Assessment.

   Executive Order 12988, Civil Justice Reform

   Under Executive Order 12988, Utah State Office of BLM has determined that these 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 E.O. 13175, we have found that this final rule would not include policies that have tribal implications. The rule would not affect lands held for the benefit of Indians, Aleuts, and Eskimos. The rule would apply only to persons driving OHVs on certain public lands in Utah.

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

   This rule is not a significant energy action. It will not have an adverse effect on energy supplies. It will have no discernible effect on the production or sale of energy minerals, and any effect on the consumption of such minerals, either in manufacturing OHV equipment or traveling to OHV areas, will be imperceptible, since the provision should not have a measurable effect on either activity.

   Paperwork Reduction Act

   These 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 these supplementary rules is Ferris Clegg of the Fillmore Field Office, assisted by Ted Hudson of the Regulatory Affairs Group, Washington Office, BLM.

   Dated: October 17, 2002. Sally Wisely, State Director.

   Supplementary Rules, Little Sahara Special Recreation Management Area

   Sec. 1.0 Vehicle Equipment Requirements

   Sec. 1.1 Safety Flags

   1. A safety flag is required on all off-highway vehicles. This includes all all-terrain vehicles (ATVs), dirt bikes and dune buggies. You must not operate, or give any person permission to operate, an off-highway vehicle that is not equipped with a safety flag within the Little Sahara Special Recreation Management Area.

   2. The safety flag must be--

      1. Red or orange in color and a minimum of six by 12 inches;

      2. Attached to the off-highway vehicle in such a manner that the top of the flag is at least eight feet above the surface of level ground.

      Sec. 1.2 Minimum Age

   1. You must be 8 years of age or older, and you must carry on your person either a valid motor vehicle operator's license or the appropriate safety certificate issued by the Utah Division of Parks and Recreation, to operate an off-highway vehicle within the Little Sahara Special Recreation Management Area.

   2. You must not give any child under 8 years of age permission to operate any off-highway vehicle within the Little Sahara Special Recreation Management Area.

      Sec. 1.3 Protective Headgear

   1. You must not operate or ride on an off-highway vehicle within the Little Sahara Special Recreation Management Area unless you are wearing properly fitted, safety-rated protective headgear designed for motorized vehicle use, if you are under the age of 18.

   2. You must not give permission to any person under the age of 18 to operate or ride on an off-highway vehicle within the Little Sahara Special Recreation Management Area unless that person is wearing properly fitted, safety-rated protective headgear designed for motorized vehicle use.

      Sec. 2.0 Prohibited Acts

      Sec. 2.1 Government Property

      You must not vandalize, climb on or otherwise interfere or tamper with any building, structure, sign, water line, water tank, equipment, or any other government property or government contracted property within the Little Sahara Special Recreation Management Area.

      Sec. 2.2 Spray Paint

      The following are prohibited:

   1. The use of spray paint or paint-ball guns within the Little Sahara Special Recreation Management Area except for:

      1. The official business of any Federal, state, county, or local governmental entity, or

      2. The necessary performance of work related to the maintenance or construction of any authorized improvements or facilities on public lands;

   2. The possession of spray paint containers within the Little Sahara Special Management Area, except when such containers of spray paint are located--

      1. In the trunk of a motor vehicle; or

      2. In some other portion of the motor vehicle designed for the storage of luggage and not normally occupied by or readily accessible to the operator or passengers, if the motor vehicle is not equipped with a trunk.

      Sec. 2.3 Glass Containers

      Within the Little Sahara Special Recreation Management Area, you must not possess glass containers outside of vehicles, camp trailers, or tents.

      Sec. 2.4 Bonfires

      You must not knowingly create or maintain any large bonfire within the area of Little Sahara Special Recreation Management Area. For the purpose of this supplemental rule, a large bonfire means a fire with flames over three feet tall or a fire that cannot be contained in a 3-foot diameter area.

      Sec. 2.5 Wooden Pallets

      You must not bring into the Little Sahara Special Recreation Management Area or possess within the Little Sahara Special Recreation Management Area any pallets or lumber or wood products with nails or other metal objects affixed to such wood, lumber or wood products. You may carry or possess wood or lumber so long as they do not have nails or other metal objects attached to them.

      Sec. 3.0 Fees and Contracts

      Sec. 3.1 Fees

      Except as provided in Sec. 3.2 of these supplementary rules--

   1. You must not enter the Little Sahara Special Recreation Management Area by any means or ways, public or private, without properly paying required fees.

   2. You must not enter, camp, park, or stay longer than one hour within the Little Sahara Special Recreation Management Area without properly paying required fees.

      Sec. 3.2 Contracts

   1. You may not enter the Little Sahara Special Recreation Management Area without paying required fees, unless you have a current, valid, annual pass contract or obtain a temporary contract in lieu of fees from BLM and sign it in the presence of the issuing officer.

   2. You must not violate the terms, conditions, and stipulations of your current annual pass contract or a temporary contract in lieu of fees under paragraph a. of this section.

      Sec. 4.0 Penalties

      Under the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1733(a)), if you knowingly and willfully violate or fail to comply with any of the supplementary rules provided in this notice, you may be subject to a fine under 18 U.S.C. 3571 or other penalties in accordance with 43 U.S.C. 1733.

      [FR Doc. 03-1541 Filed 1-23-03; 8:45 am]