[Federal Register Volume 76, Number 110 (Wednesday, June 8, 2011)]
[Notices]
[Pages 33342-33346]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-14165]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[L12200000.NO0000.LLCAD00000]
Final Supplementary Rules for Public Lands Managed by the
California Desert District
AGENCY: Bureau of Land Management, Interior.
ACTION: Final supplementary rules.
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SUMMARY: In accordance with the Decision Record for the California
Desert District (CDD) Supplementary Rules for Recreation Environmental
Assessment, the Bureau of Land Management (BLM), CDD office and the
five field offices within the CDD, are issuing Final Supplementary
Rules for public lands administered by the BLM.
[[Page 33343]]
Upon publication, these Final Supplementary Rules will supersede the
Interim Final Supplementary Rules that the BLM published on June 25,
2010. These Final Supplementary Rules are necessary to enhance the
safety of visitors, protect natural resources, improve recreation
experiences and opportunities, and protect public health. These rules
do not impose or implement any land use limitations or restrictions
other than those included within the CDD Supplementary Rules for
Recreation Environmental Assessment Decision Record.
DATES: The Final Supplementary Rules are effective June 8, 2011.
ADDRESSES: Bureau of Land Management, California Desert District
Office, 22835 Calle San Juan De Los Lagos, Moreno Valley, California
92553. Phone: (951) 697-5233. Web site: http://www.blm.gov/ca/st/en/fo/cdd/cdd_supplementary.html.
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: [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
Visitors to the CDD encounter inconsistent rules regarding
appropriate conduct in recreational areas. This inconsistency hampers
the BLM's ability to provide a safe recreational experience, and
minimize conflicts among users. The BLM is establishing these rules to
improve the consistency of rules for public lands within the CDD.
The BLM is establishing these Final Supplementary Rules under the
authority of 43 CFR 8365.1-6, which allows BLM State Directors to
establish supplementary rules for the protection of persons, property,
and public lands and resources.
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.
All of the Final Supplementary Rules implement decisions contained
in the CDD Supplementary Rules for Recreation Environmental Assessment
Decision Record (CA-670-10-38). A public involvement process with
comment opportunities was employed in developing the decision and
associated Environmental Assessment that provide a basis for the Final
Supplementary Rules.
The following revisions have been made to the Interim Final
Supplementary Rules: The prohibition against public nudity has been
revised in response to public comments, and the definition of ``Special
Recreation Permit'' has been revised to correct a citation error in the
Interim Final Supplementary Rules. In addition, minor editorial changes
were made as follows: (1) The definitions are now arranged in
alphabetical order. (2) The terms that are defined are now indicated in
italics. (3) Capitalization was corrected in the definition of
``Developed sites and areas.'' (4) The abbreviation ``CDD'' was added
to the definition of ``California Desert District.'' (5) The definition
of ``California Desert District'' was reorganized for clarity, and was
revised to state that a map of the California Desert District is
available at field offices as well as the district office. (6) The
prohibition against use of firewood containing nails was revised
grammatically. (7) The punctuation in the ``Penalties'' provision was
corrected. The remaining rules remain unchanged.
The BLM finds good cause under 5 U.S.C. 553(d)(3) to make the Final
Supplementary Rules effective on the date of publication because of
immediate public safety and resource protection needs within the
management area.
II. Discussion
On June 25, 2010, the BLM published a Notice of Interim Final
Supplementary Rules for Public Lands Managed by the California Desert
District (75 FR 36438). A 30-day public comment period began on the
date of publication of the Interim Final Supplementary Rules, and ended
on July 26, 2010. The BLM received 41 written comments were received
during this period. The BLM has considered all relevant comments during
the preparation of these Final Supplementary Rules. The following
addresses the main areas of focus of the comments received.
Definitions
The Interim Final Supplementary Rules defined ``Special Recreation
Permit'' as ``a permit issued under the authority of 43 CFR 8372.1.''
In fact, special recreation permits are issued under the authority of
43 CFR part 2930. The BLM has corrected the definition of ``Special
Recreation Permit'' in the Final Supplementary Rules. In addition, the
BLM has made the following minor editorial revisions to the
definitions: (1) The definitions are now arranged in alphabetical
order. (2) The terms that are defined are now indicated in italics. (3)
Capitalization was corrected in the definition of ``Developed sites and
areas.'' (4) The abbreviation ``CDD'' was added to the definition of
California Desert District.'' (5) The definition of ``California Desert
District'' was reorganized for clarity, and was revised to state that a
map of the California Desert District is available at field offices as
well as the district office.
Public Nudity
The Interim Final Supplementary Rules prohibited public nudity ``at
all developed sites and areas and all [Off Road Vehicle (ORV)] open
areas.'' Several commenters stated that: (1) Nudity is not offensive.
(2) The public supports nude recreation. (3) Many people enjoy
clothing-optional recreation. (4) The BLM should first research to
identify the specific problem then write a rule to address the specific
issue. (5) Sexual or lewd acts, not nudity, should be regulated.
The BLM recognizes that clothing-optional recreation is desirable
by some individuals and groups. However, it is in the interest of
maintaining order to prohibit public nudity in areas where visitor use,
recreation opportunities, and/or facilities draw large numbers of
visitors. In such areas, public nudity can create controversy and
conflicts among users, and cause crowd-control concerns. The intent of
the Interim Final Supplementary Rules and the Final Supplementary Rules
is to allow lands with a lower concentration of visitors, such as
wilderness areas, to be clothing-optional.
One commenter requested that nudity be allowed in traditionally
nude areas. The BLM is not aware of any traditionally nude areas that
would be affected by these Final Supplementary Rules.
Several commenters did not understand the definition of the land
that would be regulated under this rule, and expressed a concern that a
nude recreational user could inadvertently enter a clothing-required
area. The BLM has modified the Interim Final Supplementary Rules in
response to this concern. The Interim Final Supplementary Rules
prohibited public nudity ``at all developed sites and areas and all ORV
open areas,'' and included the definition of ``developed sites and
areas'' that is codified at 43 CFR 8360.0-5(c). In the Final
Supplementary Rules, the BLM has modified the prohibition against
public nudity so that compliance will be possible without referring to
the definition of ``developed
[[Page 33344]]
sites and areas.'' Instead, the areas where public nudity is prohibited
are listed in the prohibition itself: (1) Developed camping and
picnicking areas containing items such as a table or toilet facility,
(2) visitor centers, and (3) all ORV open areas. The BLM has determined
that this rule, as modified, provides sufficient clarity. Although the
term ``developed sites and areas'' no longer appears in the prohibition
against public nudity, it appears in other Final Supplementary Rules
and is therefore included in these Final Supplementary Rules.
One commenter requested that the BLM follow the California State
Cahill policy, which allows nude recreation unless there is a
complaint. Unlike the BLM's adoption of the State's definition of
``nudity'' in these rules, the California State Cahill policy would be
at odds with our goals to reduce the potential for controversy,
conflicts among users, and crowd-control concerns in areas that draw
large numbers of visitors. Therefore, the BLM has decided not to adopt
that policy.
One commenter stated that a San Francisco court ruled that a female
has the same right to be topless as a male. That ruling does not apply
to public lands managed by the BLM.
Passengers in ORVs and Trailers
The Interim Final Supplementary Rules prohibited riding in, or
transporting any person in or on, ``a portion of an ORV or trailer that
is not designed or intended for the transportation of passengers.'' The
BLM will finalize the rule as written in the Interim Final
Supplementary Rules.
Some commenters expressed concern that this rule would not allow
riding in truck beds, which they enjoy. This rule is specifically
intended to prohibit riding in truck beds, since this is a dangerous
practice. Should the truck be involved in an accident, or travel
through rough terrain, the passengers in the truck bed could be thrown
from the vehicle and injured. This rule is consistent with the
California Vehicle Code 23116, which also prohibits riding in a truck
bed. One commenter was concerned that utility vehicles with mounted,
harnessed seats would not be allowed. A mounted, harnessed seat
designed for passenger use is allowed under this rule.
Firewood Materials
The Interim Final Supplementary Rules prohibited the use and
possession of ``any firewood materials containing nails, screws, or
other metal hardware, including, but not limited to, wood pallets and/
or construction debris.'' Many commenters stated that nails in firewood
is not the problem, but that the real problem is that the nails are not
picked up and discarded properly. One commenter requested that the BLM
remove the nails from the fire rings after use.
The BLM agrees that the problem is nails that remain after wood has
been burned. Past experience clearly shows that nails are not removed
from the fire pits for proper disposal. It is not cost efficient or
effective for the BLM to determine if nails are in each fire pit.
Recreational opportunities on BLM-managed land include allowing
recreational users to create fire pits near their campsites. The
location of the fire pits often change with each camper. In many areas
the wind will blow dirt over a past pit, covering the remaining debris
left in the pit. A vehicle may drive over a spot that was previously
used as a fire pit and experience tire damage from nails. Due to the
level of damage and injury that can occur and the realistic ability to
manage nails, the BLM will adopt the rule as published in the Interim
Final Supplementary Rules, with the following minor editorial change to
correct a grammatical error: The Interim Final Supplementary Rule
began, ``It is prohibited to use as firewood, or have in their
possession, any firewood materials containing nails .* * * .'' The
Final Supplementary Rule begins, ``It is prohibited to use as firewood,
or possess, any firewood materials containing nails * * * .''
Glass Beverage Containers
The Interim Final Supplementary Rules prohibited the possession of
glass beverage containers ``in all developed sites and areas and all
ORV open areas.'' Numerous commenters stated that they prefer beer and
wine in bottles rather than other types of containers. They stated that
bottles left as debris was the main issue.
The BLM agrees that bottles left as trash is the main issue.
However, since the bottles left as trash often break and are a safety
hazard to people and tires, the BLM has determined that the rule should
remain as published in the Interim Final Supplementary Rules.
One commenter stated that the use of glass containers for items
such as pickles should be allowed. This type of glass container is
allowed under the rule as written. Only glass containers that hold
beverages are regulated by this rule. The BLM has noted that the
majority of broken, discarded glass left on public land is from
beverage containers. Other types of glass containers are not major
contributors to this situation.
Some commenters on the glass beverage rule were concerned that
employees of the BLM would enter their vehicles or camping facilities
to search for glass containers. The BLM does not see any reason to
modify the rule in response to these comments.
Non-Flexible Objects
The Interim Final Supplementary Rules prohibited placing 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.
Several commenters stated that they enjoy playing horseshoes, which
would not be allowed under this rule. Horseshoes can still be played by
using a post that is not mounted in the ground or that is somewhat
flexible.
Another commenter stated that mounting a display flag, solar
lights, and windscreens should be allowed. These items may be mounted
either to the user's vehicle or to the ground using a small stake.
Another commenter stated that a stuck vehicle may require a winch and a
non-flexible object to move the vehicle. A spare tire can be used with
a winch to move a stuck vehicle.
One commenter requested that the BLM define ``small stake''. A
``small stake'' is one which is necessary to hold awnings or tents in
place. If a larger-than-usual stake is necessary due to windy or stormy
weather, that stake would be a ``small stake'' in those circumstances.
One commenter requested the allowance of stakes or non-flexible
objects marked with orange survey tape. It is the BLM's judgment that
non-flexible objects, even when marked, can be difficult to avoid and
therefore cause impact injuries. Marked non-flexible objects are
prohibited in the Final Supplementary Rules, and this provision has
been adopted as published in the Interim Final Supplementary Rules.
Competition Hill
The Interim Final Supplementary Rules prohibited camping within the
areas commonly known as Competition Hill Corridor and Competition Hill
located within the Dumont Dunes ORV Area, as shown on the map at the
entrance kiosk. No comments were received for this provision, and it
has been adopted as published in the Interim Final Supplementary Rules.
Reserving Camping Space
The Interim Final Supplementary Rules prohibited reserving or
saving a
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camping space for another person at all developed sites and areas and
all ORV open areas. Some commenters stated that saving spaces is
necessary and this rule would prevent them from camping with friends
and family when the arrival time is different. They also stated that
``wagon wheel'' camping would not be feasible with this rule. The BLM
agrees that this provision may make it more difficult for groups to
camp together in popular places, but also supports equal access for all
recreational users. This provision has been adopted as published in the
Interim Final Supplementary Rules.
Trash and Litter
The Interim Final Supplementary Rules required all persons to keep
their sites free of trash and litter during the period of occupancy.
One commenter questioned whether this rule would require someone to
pick up the trash left by a previous occupant of the area. To clarify,
a new occupant is required to keep the site free of trash, regardless
of who discarded the trash. This provision has been adopted as
published in the Interim Final Supplementary Rules.
Penalties
Several commenters requested that the BLM increase the fees for
violations, increase jail time for offenders, and confiscate the
vehicles of offenders. These consequences are set by Federal statutes
and regulations and are beyond the authority of this rule making. One
commenter requested that the BLM issue ``fix it'' tickets for trash
violations. It is unnecessary to include this type of provision in the
Final Supplementary Rules because law enforcement officers already have
the authority and discretion to request that campers clean up their
sites without imposing penalties. This provision has been adopted as
published in the Interim Final Supplementary Rules, with the following
minor editorial changes: The citation to Section 303(a) of the Federal
Land Policy and Management Act is now in closed parentheses, the word
``and'' has been added before the citation to 43 CFR 2932.57(b), and
one of the parentheses after the citation to 43 CFR 2932.57(b) has been
removed.
Other Comments
Some comments were not relevant to this rulemaking, and instead
provided information and opinions on other management issues. One
commenter asked the BLM to define camping. The Interim Final
Supplementary Rules included a definition of ``camp,'' and the BLM sees
no reason to change that definition in the Final Supplementary Rules. A
few commenters stated that new rules were not required, that the BLM
should enforce the existing rules, and that the BLM should have more
pressing things to do. Several commenters expressed support for many of
the rules. The BLM did not revise these rules in response to these
comments.
III. Procedural Matters
Executive Order 12866, Regulatory Planning and Review
These Final 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 Final Supplementary Rules merely
contain rules of conduct for public use of public land and provide a
consistent set of rules of public conduct within the CDD.
National Environmental Policy Act (NEPA)
The BLM has prepared an Environmental Assessment (CA-670-10-38) and
has determined that the Final Supplementary Rules would not constitute
a major Federal action significantly affecting the quality of the human
environment and therefore the preparation of an environmental impact
statement was not necessary, 42 U.S.C. 4332(2)(C). The EA was posted on
the CDD website 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.
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 Final Supplementary Rules
merely establish rules of conduct for public recreational use of
specific public lands. Therefore, the BLM has determined under the RFA
that these Final Supplementary Rules would not have a significant
economic impact on a substantial number of small entities.
Small Business Regulatory Enforcement Fairness Act
These 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 Final 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 rules have a significant or
unique effect on state, local, or tribal governments or the private
sector. These Final 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 no statement is
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 Final Supplementary Rules do not represent a government
action capable of interfering with constitutionally protected property
rights. These 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 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
These Final 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. These rules do
not conflict with any California state law or regulation. Therefore, in
accordance with Executive Order 13132, the BLM has determined that
these rules do not
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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 Final Supplementary Rules do not include policies that have
tribal implications. The 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 Final 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.
Paperwork Reduction Act
These Final 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 Final 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 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 Supplementary Information Section,
above, 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 (CDD)
office is located in Moreno Valley, California and, under the authority
of the District Manager, provides coordination and oversight to the
five field offices of the CDD. The CDD 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 and at the field offices listed above.
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.
Nudity means nudity as defined by 14 California Code of Regulations
Sec. 4322.
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.
Special Recreation Permit means a permit issued under the authority
of 43 CFR part 2930.
Section 2--Supplementary Rules
The following rules apply on public lands administered by the BLM
CDD unless explicitly authorized by a permit or other authorization
document issued by the BLM:
1. Public nudity is prohibited at all: (1) Developed camping and
picnicking areas containing items such as a table or toilet facility,
(2) visitor centers, and (3) 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 possess, 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, and 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
$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, California State Office.
[FR Doc. 2011-14165 Filed --; 8:45 am]
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