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Notice of Final Supplementary Rules on Public Lands in Utah
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[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]
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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.
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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:
I. 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]]
II. 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--
? The Little Sahara Special Recreation Management Area,
? Lands acquired for inclusion in the Little Sahara Special
Recreation Management Area, and
? 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.
III. 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
a. 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.
b. 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
a. 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.
b. 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
a. 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.
b. 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:
a. 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;
b. 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--
a. You must not enter the Little Sahara Special Recreation
Management Area by any means or ways, public or private, without
properly paying required fees.
b. 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
a. 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.
b. 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]