[Federal Register Volume 74, Number 130 (Thursday, July 9, 2009)]
[Notices]
[Pages 32949-32951]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16140]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLAZ410-09.L12320000.AL0000.LVRDAZ020000.241A]
Final Supplementary Rules for the Hot Well Dunes Recreation Area,
Public Lands Administered by the Bureau of Land Management Gila
District and Safford Field Office, Graham County, AZ
AGENCY: Bureau of Land Management, Interior.
ACTION: Final supplementary rules.
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SUMMARY: The Bureau of Land Management (BLM) is issuing new
supplementary rules for the Hot Well Dunes (HWD) Recreation Area, which
is located in Graham County, Arizona, and is managed by the Gila
District and Safford Field Office. The rules address vehicle rider
capacity, clinging to or being towed by a vehicle, safety flags,
vehicle use, public nudity, firearms, pets, speed limit, camping, waste
disposal, and length of stay. All current supplementary rules for the
HWD Recreation Area are rescinded and replaced by these revised rules.
DATES: These rules will become effective August 10, 2009.
ADDRESSES: Bureau of Land Management, Safford Field Office, 711 14th
Avenue, Safford, Arizona 85546.
FOR FURTHER INFORMATION CONTACT: Larry Ramirez, Law Enforcement Ranger,
at the above address, telephone 928-348-4400, or [email protected].
SUPPLEMENTARY INFORMATION:
I. Background and Purpose
II. Public Comment
III. Discussion of Supplementary Rules
IV. Procedural Matters
I. Background and Purpose
The Hot Well Dunes Recreation Area is an off-highway vehicle (OHV)
play
[[Page 32950]]
area in southeastern Arizona that is managed by the BLM Safford Field
Office.
Due to increases in visitation at the HWD and the types of vehicles
in use, in light of the nature of the terrain and vegetation, the BLM
proposed new supplementary rules to reduce threats to public health,
safety, and property. The proposal was published in the Federal
Register on October 16, 2008, with a 60-day public comment period that
ended December 15, 2008 (see 73 FR 61437).
These supplementary rules will allow the BLM to increase law
enforcement efforts that will help mitigate damage to natural resources
and provide for public health and safe public recreation.
II. Public Comment
The 60-day public comment period closed December 15, 2008. The BLM
received three comments. The first comment thanked the BLM for keeping
the area open but asked the BLM to include a helmet requirement for
riders less than 18 years of age. That requirement was not made part of
the supplementary rules because it is part of Arizona Senate Bill 1167
that was passed by the Legislature, signed by the Governor, and became
effective on January 1, 2009. The BLM will enforce the State
requirement within the HWD, but will not include it in these
supplementary rules in order to avoid redundancy.
The second comment commended the BLM on the proposed supplementary
rules but expressed concern that there are not enough BLM law
enforcement rangers to enforce them. That comment is not within the
scope of the supplementary rules as it is a budget and staffing issue.
The second comment also expressed a concern about people using shampoo
in the hot tubs. BLM rangers already have the authority to cite
recreation users for pollution or contamination of the water; this is
covered by Title 43 Code of Federal Regulations (CFR) Part 8365.1-1.
Therefore, a new supplementary rule addressing this problem is
unnecessary.
The third comment related to vehicle rider capacity. The commenter
was concerned that not allowing additional riders on all-terrain
vehicles would prevent parents and grandparents from giving young
children rides. He suggested amending the rule to allow double riding
as long as the driver was at least 21 years old and the child was 6
years old or younger. We are not going to adopt this suggestion, in
view of the purpose of enhancing public safety at the HWD. Children
riding tandem with an adult can be injured, especially during busy
times of the year and in areas where visibility is limited.
Additionally there are hundreds of backcountry roads in the Safford
Field Office where this restriction is not in place.
III. Discussion of Supplementary Rules
The BLM Gila District/Safford Field Office replaces all prior
supplementary rules for the HWD Recreation Area with the new
supplementary rules. This action falls within the Federal Land Policy
and Management Act (FLPMA), Title 43 United States Code (U.S.C.) 1740
and Title 43 CFR 8365.1-6. The supplementary rules set forth
requirements and prohibited acts that are applicable within the BLM's
Hot Well Dunes Recreation Area, Graham County, Arizona.
IV. Procedural Matters
Executive Order 12866, Regulatory Planning and Review
These supplementary rules do not comprise a significant regulatory
action and are not subject to review by the Office of Management and
Budget under Executive Order 12866. The supplementary rules will not
have an annual effect of $100 million or more on the economy. They will
not adversely affect in a material way the economy, productivity,
competition, jobs, environment, public health or safety, or State,
local, or Tribal governments or communities. They will not create a
serious inconsistency or otherwise interfere with an action taken or
planned by another agency. They do not materially 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. They merely impose rules of conduct on
recreational visitors for health and safety reasons in a limited area
of the public lands.
Clarity of the Supplementary Rules
Executive Order 12866 requires each agency to write regulations
that are simple and easy to understand. No public comments were
received that questioned the clarity of the supplementary rules'
language.
National Environmental Policy Act
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 National Environmental Policy Act of 1969,
Title 42 U.S.C. 4332(2)(C). The Safford Field Office completed an
Environmental Assessment of the rules (AZ-410-2008-0039). A Finding of
No Significant Impact (FONSI) and Decision Record were signed by Acting
Safford Field Manager Jeff Wilbanks on June 1, 2008.
Regulatory Flexibility Act
Congress enacted the Regulatory Flexibility Act (RFA) of 1980, as
amended, Title 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 supplementary rules do not
have a significant economic impact on entities of any size, but provide
for the protection of persons, property, and resources on specific
public lands. Therefore, the BLM has determined under the RFA that the
supplementary rules will not have a significant economic impact on a
substantial number of small entities.
Small Business Regulatory Enforcement Fairness Act
These supplementary rules do not constitute a major rule as defined
at Title 5 U.S.C. 804(2). They merely contain rules of conduct for
recreational use of certain public lands. The supplementary rules will
have little or no effect on the economy.
Unfunded Mandates Reform Act
The supplementary rules do not impose an unfunded mandate on State,
local, or Tribal governments in the aggregate, or the private sector,
of more than $100 million per year; nor will they have a significant or
unique effect on small governments. These supplementary rules do not
require anything of State, local, or Tribal governments. Therefore, the
BLM is not required to prepare a statement containing the information
required by section 202 of the Unfunded Mandates Reform Act (Title 2
U.S.C. 1532).
Executive Order 12630, Governmental Actions and Interference With
Constitutionally Protected Property Rights (Takings)
The supplementary rules are not a government action capable of
interfering with constitutionally protected property rights. The
supplementary rules do not address property rights or cause the
impairment of anybody's property rights. Therefore, the BLM has
determined that these supplementary rules will not cause a ``taking''
of private property or require further discussion of ``takings''
implications under this Executive Order.
[[Page 32951]]
Executive Order 13132, Federalism
The supplementary rules will not have substantial direct effects 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 supplementary rules apply to a
limited area of land in only one State, Arizona. Therefore, the BLM
determined that the 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 BLM has determined that the
supplementary rules will not unduly burden the judicial system and that
the requirements of sections 3(a) and 3(b)(2) of the Order are met. The
supplementary rules contain rules of conduct for recreational use of
certain public lands to protect human health and the environment.
Executive Order 13175, Consultation and Coordination With Indian Tribal
Governments
In accordance with Executive Order 13175, the BLM found that these
supplementary rules do not include policies that have Tribal
implications. The rules do not affect lands held for the benefit of
Indians, Aleuts, or Eskimos.
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, Title 44 U.S.C. 3501 et seq.
Author
The principal author of the supplementary rules is Larry Ramirez,
Law Enforcement Ranger for the BLM Gila District/Safford Field Office.
Supplementary Rules for the Hot Well Dunes Recreation Area, Graham
County, Arizona
Under the Federal Land Policy and Management Act of 1976 (FLPMA),
Title 43 U.S.C. 1740, and Title 43 Code of Federal Regulations (CFR)
8365.1-6, the Bureau of Land Management establishes the following
supplementary rules for public lands within the Hot Well Dunes
Recreation Area.
1. Vehicle Rider Capacity
A person operating an off-road vehicle within the HWD Recreation
Area shall ride only on the permanent, regular seat attached to the
off-road vehicle. The operator of an off-road vehicle shall not carry
any additional person(s) on an off-road vehicle unless the vehicle is
designed and manufactured to carry such additional person(s). No person
shall ride an off-road vehicle unless the vehicle is designed and
manufactured to carry that person.
2. Clinging to or Being Towed by a Vehicle
No person operating an off-road vehicle within the HWD Recreation
Area shall attach the off-road vehicle to any object or person and tow
such object or person. No person shall cling to, or be towed by, an
off-road vehicle.
3. Safety Flags
Safety flags are required on all off-road vehicles used within the
HWD Recreation Area. An exception to this requirement is made for
Recreation Vehicles (RVs), Sport Utility Vehicles (SUVs), pickup
trucks, and passenger sedans. Safety flags must be brilliant orange or
red in color, and at least six (6) inches by 12 inches in size. Masts
must be securely mounted on the off-road vehicle and extend eight (8)
feet from the ground to the mast tip. Safety flags must be firmly
attached to the top portion of a mast.
4. Vehicle Use
No off-road vehicle within the HWD Recreation Area will be allowed
within areas enclosed by the metal, tube railings or where signed as
prohibited.
5. Nudity
Public nudity within the HWD Recreation Area and, in particular, in
the hot tubs there, is prohibited.
6. Firearms and Archery
Archery and the discharge of firearms or other weapons, including
pneumatic and spring-loaded BB guns and pellet guns, are prohibited
within the HWD Recreation Area.
7. Pets
Pets must be leashed or otherwise physically restricted at all
times within the HWD Recreation Area.
8. Speed Limit
The speed limit for off-road vehicles within the HWD Recreation
Area is 10 miles per hour on the main access road and within 50 feet on
either side of the main access road. The speed limit is also 10 miles
per hour within 50 feet of a campsite or any concentration of three (3)
or more people. Operating an off-road vehicle above this speed is
prohibited.
9. Camping
Camping within the HWD Recreation Area is not allowed within the
designated parking area; within areas enclosed by metal, tube railings;
or where signed as prohibited.
10. Waste Disposal
Dumping of sewage or gray water is prohibited within the HWD
Recreation Area.
11. Length of Stay
To ensure that everyone has an opportunity to enjoy the area,
camping is limited to 14 days within any 28-day period.
Penalties
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. 43 U.S.C. 1733(a);
43 CFR 8360.0-7; 43 CFR 2932.57(b). 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 Arizona law.
Authority: 43 CFR 8365.1-6(c).
Helen Hankins,
Arizona Associate State Director.
[FR Doc. E9-16140 Filed 7-8-09; 8:45 am]
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