[Federal Register: June 25, 2010 (Volume 75, Number 122)]
[Notices]               
[Page 36438-36441]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25jn10-89]                         

-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[L12200000.NO0000 .LLCAD00000]

 
Notice of Interim Final Supplementary Rules for Public Lands 
Managed by the California Desert District

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of Interim Final Supplementary Rules.

-----------------------------------------------------------------------

SUMMARY: The Bureau of Land Management (BLM) California Desert District 
(CDD) Office and the five Field Offices within the CDD, are issuing 
interim final supplementary rules for public lands administered by the 
BLM. The BLM has determined these interim final supplementary rules are 
necessary to enhance the safety of visitors, protect public health, 
protect natural resources, and improve recreation experiences and 
opportunities.

DATES: The interim final supplementary rules are effective June 25, 
2010 and remain in effect until modified or rescinded by the 
publication of the final supplementary rules. We invite comments until 
July 26, 2010. Comments postmarked or received in person after this 
date may not be considered in the development of the final 
supplementary rules.

ADDRESSES: You may submit comments by the following methods: Mail or 
hand-delivery: Lynnette Elser, Bureau of Land Management, California 
Desert District Office, 22835 Calle San Juan De Los Lagos, Moreno 
Valley, California 92553.

FOR FURTHER INFORMATION CONTACT: Lynnette Elser, Planning and 
Environmental Coordinator, BLM, California Desert District Office, 
22835 Calle San Juan De Los Lagos, Moreno Valley, California 92553, 
phone: (951) 697-5233, or e-mail: lelser@ca.blm.gov.

SUPPLEMENTARY INFORMATION:

I. Public Comment Procedures

    You may mail or hand-deliver comments to Lynnette Elser, Planning 
and Environmental Coordinator, BLM, California Desert District Office, 
22835 Calle San Juan De Los Lagos, Moreno Valley, California 92553. 
Written comments on the interim final supplementary rules should be 
specific, confined to issues pertinent to the interim final 
supplementary rules, and should explain the reason for any recommended 
change. Where possible, comments should reference the specific section 
or paragraph of the rule that the comment is addressing. The BLM is not 
obligated to consider or include in the Administrative Record for the 
interim final supplementary rule: (a) comments that the BLM receives 
after the close of the comment period (See DATES), unless they are 
postmarked or electronically dated before the deadline, or (b) comments 
delivered to an address other than those listed above (See ADDRESSES).
    Comments, including names, street addresses, and other contact 
information of respondents, will be available for public review at the 
BLM's CDD Office, 22835 Calle San Juan De Los Lagos, Moreno Valley, 
California 92553, during regular business hours (8 a.m. to 4 p.m.), 
Monday through Friday, except Federal holidays. Before including your 
address, telephone number, e-mail 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

    Visitors to the CDD encounter inconsistent rules regarding 
appropriate behavior in recreational areas. This inconsistency hampers 
the BLM's ability to provide a safe family-orientated recreational 
experience for the visitors. The BLM is establishing these rules to 
provide a consistent set of rules for the BLM managed land within the 
CDD.
    The BLM is establishing these interim final supplementary rules 
under the authority of 43 CFR 8365.1-6, which allows the BLM State 
Directors to establish such rules for the protection of persons, 
property, and public lands and resources.
    The BLM finds good cause to publish these supplementary rules on an 
interim basis because of immediate public safety and resource 
protection needs within the management area. These supplementary rules 
will serve as an enforcement tool in minimizing resource impacts and 
enhancing visitor safety. An estimated 5 million visitors use these BLM 
administered lands, encompassing more than 11 million acres, each year 
for a large variety of

[[Page 36439]]

recreational and other activities. The BLM is responsible for providing 
recreational opportunities on public lands. These interim final 
supplementary rules will prohibit acts, such as riding in truck beds, 
for safety reasons and create resource protection rules such as 
regulating camp fires, trash, and campsite closures. These interim 
final supplementary rules will provide consistency for public lands 
managed by the five Field Offices in the CDD. Therefore, the immediate 
implementation of these supplementary rules is required.
    These rules do not propose or implement any land use limitations or 
restrictions as described in the Multiple Use Classification Guidelines 
of the California Desert Conservation Area Plan other than those 
included within the BLM's decisions associated with the CDCA Plan, as 
amended, and associated environmental impact statements and 
environmental assessments (EA), or allowed under existing law or 
regulation.
    The CDD is located in southern California and includes all BLM 
managed land in Imperial, Inyo, Kern, Riverside, Los Angeles, San 
Bernardino, and San Diego Counties, California. A map of the area can 
be obtained by contacting the CDD office (see ADDRESSES) or by 
accessing the following Web site: http://www.ca.blm.gov. The 
supplementary rules will be available for inspection in the BLM's CDD 
Office in Moreno Valley, the CDD's five Field Offices: Ridgecrest, 
Barstow, Palm Springs-South Coast, Needles and El Centro Field Offices, 
and on kiosks throughout the CDD. These rules will be published in a 
newspaper of general circulation in the affected vicinity at the same 
time they are published in the Federal Register.

 III. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    These 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. They will not have an effect of $100 
million or more on the economy. They do not affect commercial activity. 
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 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. These rules merely contain rules of conduct for 
public use of public land and provide for consistency within the CDD.

Clarity of the Interim Final Supplementary Rules

    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 these supplementary rules easier to understand, 
including answers to questions such as the following:
    (1) Are the requirements in the supplementary rules clearly stated?
    (2) Do the supplementary rules contain technical language or jargon 
that interferes with their clarity?
    (3) Does the format of the supplementary rules (grouping and order 
of sections, use of headings, paragraphing, etc.) aid or reduce their 
clarity?
    (4) Would the supplementary rules be easier to understand if they 
were divided into more (but shorter) sections?
    (5) Is the description of the supplementary rules in the 
SUPPLMENTARY INFORMATION section of this preamble helpful in 
understanding the interim final supplementary rules? How could this 
description be more helpful in making the interim final supplementary 
rules easier to understand?
    Please send any comments you have on the clarity of the 
supplementary rules to the address specified in the ADDRESSES section.

National Environmental Policy Act (NEPA)

    The BLM has prepared an EA (CA-670-10-38) and has determined that 
the rules would not constitute a major Federal action significantly 
affecting the quality of the human environment under Section 102(2)(C) 
of NEPA, 42 U.S.C. 4332(2)(C). The EA was posted on the CDD Web site 
and was available for a 30-day public comment period from October 20, 
2009 through November 20, 2009. A finding of no significant impact was 
signed February 1, 2010 and a decision record was signed February 1, 
2010. The BLM invites the public to comment on the EA and Finding of No 
Significant Impact in accordance with the Public Comment.
    These supplementary rules merely establish rules of conduct for the 
lands managed by the BLM CDD and its five Field Offices. These rules 
are designed to protect the environment and public health and safety.

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. These rules merely establish 
rules of conduct for public recreational use of specific public lands. 
Therefore, the BLM has determined under the RFA that these rules would 
not have a significant economic impact on a substantial number of small 
entities.

Small Business Regulatory Enforcement Fairness Act

    These interim final supplementary rules do not constitute a ``major 
rule'' as defined at 5 U.S.C. 804(2). These rules merely establish 
rules of conduct for recreational use of certain public lands and do 
not affect commercial or business activities of any kind.

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. These supplementary rules have no effect on State, 
local, or tribal governments and do not impose any requirements on any 
of these entities. Therefore, the BLM has determined that 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 supplementary rules do not represent a government 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 one's property rights. Therefore, the 
BLM has determined that these interim final supplementary rules would 
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

[[Page 36440]]

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. These supplementary rules do not conflict 
with any California State law or regulation. Therefore, in accordance 
with Executive Order 13132, the BLM has determined that these 
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 California State Office has 
determined that these supplementary rules would not unduly burden the 
judicial system and that they meet 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 Executive Order 13175, the BLM has found that 
these supplementary rules do not include policies that have tribal 
implications. The supplementary rules do not affect Indian resource, 
religious, or property rights.

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

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

Executive Order 13352, Facilitation of Cooperative Conservation

    In accordance with Executive Order 13352, the BLM has determined 
that the supplementary rules will not impede facilitating cooperative 
conservation; will take appropriate account of and consider the 
interests of persons with ownership or other legally recognized 
interests in land or other natural resources; properly accommodate 
local participation in the Federal decision-making process; and provide 
that the programs, projects, and activities are consistent with 
protecting public health and safety. These rules merely establish rules 
of conduct for recreational use of certain public lands.

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, 44 U.S.C. 3501 et seq.

Information Quality Act

    In developing these supplementary rules, the BLM did not conduct or 
use a study, experiment or survey requiring peer review under the 
Information Quality Act (Section 515 of Pub. L. 106-554).

Author

    The principal author of these interim final supplementary rules is 
Lynnette Elser, Planning and Environmental Coordinator, BLM California 
Desert District.
Supplementary Rules for Lands Managed by the BLM California Desert 
District Office
    For the reasons stated in the Preamble and under the authority of 
43 CFR 8365.1-6, the California State Director, Bureau of Land 
Management, issues supplementary rules for public lands managed by the 
California Desert District (CDD), to read as follows:
Section 1--Definitions
    BLM California Desert District means public land, managed by the 
BLM, totaling over 11 million acres, primarily in the southern and 
eastern portions of California. The California Desert District, under 
the authority of the District Manager, provides coordination and 
oversight to the five field offices of the California Desert District. 
The California Desert District office is located in Moreno Valley, 
California. This includes all of the land managed by the BLM Ridgecrest 
Field Office, the BLM Barstow Field Office, the BLM Palm Springs-South 
Coast Field Office, the BLM Needles Field Office, and the BLM El Centro 
Field Office. A map of this land is available at the CDD office.
    Camp means day or overnight use of a tent, trailer, motor coach, 
fifth wheel, camper, or similar vehicle or structure.
    Developed Sites and Areas means sites and areas that contain 
structures or capital improvements primarily used by the public for 
recreation purposes. Such sites or areas may include such features as: 
Delineated spaces for parking, camping or boat launching; sanitary 
facilities; potable water; grills or fire rings; tables; or controlled 
access. This definition is consistent with 43 CFR part 8360.
    Off Road Vehicle (ORV) means ORV as defined by 43 CFR 8340.0-5.
    Public Nudity means nudity in a place where a person may be 
observed by another person.
    Nudity means nudity as defined by 14 California Code of Regulations 
Section 4322.
    Special Recreation Permit means a permit issued under the authority 
of 43 CFR 8372.1.
Section 2--Supplementary Rules
    The following rules apply on public lands administered by the BLM 
California Desert District unless explicitly authorized by a permit or 
other authorization document issued by the BLM:
    1. Public nudity is prohibited at all developed sites and areas and 
all ORV open areas.
    2. It is prohibited for a person to ride in or transport another 
person in or on a portion of an ORV or trailer that is not designed or 
intended for the transportation of passengers.
    3. It is prohibited to use as firewood, or have in their 
possession, any firewood materials containing nails, screws, or other 
metal hardware, including, but not limited to, wood pallets and/or 
construction debris.
    4. Possession of glass beverage containers is prohibited in all 
developed sites and areas and all ORV open areas.
    5. It is prohibited to place into the ground any non-flexible 
object, such as, but not limited to, metal or wood stakes, poles, or 
pipes, with the exception of small tent or awning stakes, at all 
developed sites and areas and all ORV open areas.
    6. It is prohibited to camp within the areas commonly known as 
Competition Hill Corridor and Competition Hill located within the 
Dumont Dunes ORV Area, as shown in the map at the entrance kiosk.
    7. It is prohibited to reserve or save a camping space for another 
person at all developed sites and areas and all ORV open areas.
    8. All persons must keep their sites free of trash and litter 
during the period of occupancy.
    Employees and agents of the BLM are exempt from these rules during 
the performance of specific official duties as authorized by the CDD 
Manager, or the Ridgecrest, Barstow, Needles, Palm Springs-South Coast 
or El Centro Field Managers.
Section 3--Penalties
    On public lands under Section 303(a) of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1733(a); 43 CFR 8360.0-7; 43 CFR 
2932.57(b)), any person who violates any of these supplementary rules 
may be tried before a United States Magistrate and fined no more than

[[Page 36441]]

$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. Those who violate these rules may also be 
subject to civil action for unauthorized use of the public lands, 
violations of special recreation permit terms, conditions, or 
stipulations, or for uses beyond those allowed by the permit under 43 
CFR 2932.57(b)(2).

James Wesley Abbott,
Acting State Director.
[FR Doc. 2010-15437 Filed 6-24-10; 8:45 am]
BILLING CODE 4310-40-P