[Federal Register Volume 77, Number 154 (Thursday, August 9, 2012)]
[Notices]
[Pages 47662-47665]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-19533]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLORE05000.L63320000.AL0000.HAG-11-0172]
Proposed Supplementary Rules for Public Lands Within the Lower
Lake Creek Special Recreation Management Area, Eugene District, OR
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice of proposed supplementary rules.
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SUMMARY: The Bureau of Land Management (BLM) Oregon State Office is
proposing supplementary rules for public lands within the State of
Oregon, Eugene District, Siuslaw Resource Area, on identified, BLM-
managed lands within the boundaries of the Lower Lake Creek Special
Recreation Management Area (LLCSRMA). These proposed supplementary
rules would partially revise existing supplementary rules in order to
protect public land natural resources and provide for the public's
health and safety.
DATES: Comments on these proposed supplementary rules must be received
or postmarked by October 9, 2012, to be assured consideration. Comments
received in person or by electronic mail after this date may not be
considered by the BLM in developing final supplementary rules.
ADDRESSES: You may submit comments by mail, hand delivery, or
electronic mail.
Mail or hand-delivery: BLM Eugene District Office, 3106 Pierce
Parkway, Suite E, Springfield, Oregon 97477.
Electronic mail: [email protected]. If you submit comments
by electronic mail, please indicate ``Attn: Siuslaw Resource Area
Recreation'' in your subject line, and include your name and return
address.
FOR FURTHER INFORMATION CONTACT: Alan Corbin, Siuslaw Resource Area
Field Manager, BLM Eugene District Office, 3106 Pierce Parkway, Suite
E, Springfield, Oregon 97477, telephone 541-683-6792. Persons who use a
telecommunications device for the deaf (TDD) may call the Federal
Information Relay Service (FIRS) at 1-800-877-8339 to contact the above
individual during normal business hours. The FIRS is available 24 hours
a day, 7 days a week, to leave a message or question with the above
individual. You will receive a reply during normal business hours.
[[Page 47663]]
SUPPLEMENTARY INFORMATION:
I. Public Comment Procedures
You may mail or hand-deliver comments to the BLM, Eugene District
Office, 3106 Pierce Parkway, Suite E, Springfield, Oregon 97477. You
may also comment via the Internet email address: [email protected]. If you submit comments by electronic mail, please
indicate ``Attn: Siuslaw Resource Area Recreation'' in your subject
line, and include your name and return address.
Written comments on the proposed supplementary rules should be
specific, be confined to issues pertinent to these proposed
supplementary rules, and explain the reason for any recommended change.
Where possible, comments should reference the specific section or
paragraph of the proposal which the comment is addressing. The BLM will
not necessarily consider or include in the Administrative Record for
the final supplementary rules comments that the BLM receives after the
close of the comment period (see DATES) unless they are postmarked or
electronically dated before the deadline. Comments, including names,
street addresses, and other contact information of respondents, will be
available for public review at 333 SW 1st Avenue, Portland, Oregon
97204, during regular business hours (8 a.m. to 4 p.m.), Monday through
Friday, except Federal holidays. Before including your address,
telephone number, email address, or other personal indentifying
information in your comment, you should be aware that your entire
comment--including your personal indentifying 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. Discussion of Proposed Supplementary Rules
The BLM Oregon State Office is proposing supplementary rules for
public lands within the recreational boundaries of the LLCSRMA. The
LLCSRMA is located south of Triangle Lake, Oregon, within Sections 19,
20, 27-30, and 32-34 of Township 16 South, Range 7 West of the
Willamette Meridian. Inside the LLCSRMA boundaries is the Lake Creek
Falls/Slide Area, a popular recreation destination of major
significance for thousands of summer visitors.
These proposed supplementary rules would revise an existing set of
supplementary rules, which were published at 62 FR 36303 (July 7,
1997). This proposed revision is necessary in order to protect public
land natural resources and provide for the public's health and safety.
The existing supplementary rules for the LLCSRMA include provisions
regulating a variety of activities, including operation of motorized
vehicles, travel by bicycle, and overnight camping. The existing
supplementary rule regarding alcoholic beverages in the LLCSRMA states,
``Consumption, possession, or furnishing of any alcoholic beverage in
violation of Oregon State law is prohibited.'' 62 FR at 36303. The
existing supplementary rules do not ban consumption, possession, or
furnishing of alcohol by anyone who is of legal drinking age in Oregon
nor do they include a penalties provision.
These proposed supplementary rules would prohibit visitors of all
ages from consuming, possessing, or furnishing any alcoholic beverage
within the recreational boundaries of the LLCSRMA, including, but not
limited to, the parking lot/day-use area and surrounding hillside,
Lower Lake Creek Falls swimming and play area, and pathways leading to
the swimming area/falls site. Prohibited acts under this provision
would include the consumption, possession, and furnishing of any
alcoholic beverage within motor vehicles, tents, or other structures,
but would not include any lawful consumption prior to entering the
described area. These proposed supplementary rules would also include a
penalties provision that would apply solely to the alcohol ban.
The BLM has determined that this rule is necessary to provide a
safe and healthy environment at the Lake Creek Falls/Slide Area. This
area's regional popularity has led to undesirable impacts associated
with large numbers of visitors congregating at a relatively small,
remote site. Over the years, increased problems with trash, sanitation,
and noise have been routinely documented in addition to increased
incidence of traffic accidents for travelers driving to and from the
popular area. Each year, the local, rural fire department responds to
injuries that occur at the site, many of them alcohol-related. Notably,
it is clear to law enforcement and recreation personnel that the use
and abuse of alcohol in this area has been a major causal factor of the
aforementioned negative impacts to the area. Though law enforcement
patrols have been frequent at times, the supplementary rules in place
at present for this recreation area are insufficient to control an
increasing population of visitors of legal and non-legal age who abuse
alcohol. This abuse has helped to foster an unruly, unsafe, and
unhealthy recreation experience that is contrary to the BLM's stated
intention, which is to promote a safe, clean, healthy environment for
visitors to BLM-managed lands.
The intent of these proposed supplementary rules is to put in place
an enforceable alcohol ban for the LLCSRMA and return the area to a
safer and healthier recreation destination. The proposed ban, together
with the proposed penalties provision, would give BLM administrators
another tool to utilize in promoting a safe and healthy environment for
visitors to the site.
These supplementary rules are proposed under the authority of the
Federal Land Policy and Management Act (FLPMA) of 1976 (43 U.S.C.
1733(a) and 1740) and 43 CFR 8365.1-6.
III. Procedural Matters
Executive Order 12866, Regulatory Planning and Review
These proposed 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. These proposed supplementary rules
would not have an effect of $100 million or more on the economy. They
would 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 would not create a serious inconsistency
or otherwise interfere with an action taken or planned by another
agency. These proposed supplementary rules would 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. They would merely impose rules of conduct
and impose other limitations on certain recreational activities on
certain public lands to protect natural resources and human health and
safety.
National Environmental Policy Act
The BLM generated an EA, Environmental Assessment (DOI-BLM-OR-E050-
2012-002-EA) to satisfy the environmental review associated with the
proposed supplementary rules. Based on an analysis of the environmental
impacts contained in the environmental assessment, it was determined
that impacts to the human environment are not expected to be
significant.
[[Page 47664]]
Regulatory Flexibility Act
Congress enacted the Regulatory Flexibility Act of 1980 (RFA), 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 proposed supplementary
rules would have no effect on business entities of any size. They would
merely impose reasonable restrictions on certain recreational or
commercial activities on public lands in order to protect natural
resources and the environment and provide for human health and safety.
Therefore, the BLM has determined, under the RFA, that these proposed
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 are not considered a ``major rule''
as defined under 5 U.S.C. 804(2). They would merely establish rules of
conduct for public use of a limited area of public lands. They would
not affect commercial or business activities of any kind.
Unfunded Mandates Reform Act
These proposed supplementary rules would not impose an unfunded
mandate on State, local or tribal governments or the private sector of
more than $100 million per year nor would these proposed supplementary
rules have a significant or unique effect on State, local, or tribal
governments or the private sector. They would merely impose reasonable
restrictions on certain recreational activities on certain public lands
to protect natural resources and the environment and human health and
safety. Therefore, the 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)
These proposed supplementary rules would not comprise a government
action capable of interfering with constitutionally protected property
rights. Therefore, the BLM has determined that these proposed
supplementary rules would not cause a taking of private property or
require preparation of a takings assessment under this Executive Order.
Executive Order 13132, Federalism
These proposed supplementary rules would not have a substantial,
direct effect 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. Therefore, in
accordance with Executive Order 13132, the BLM has determined that
these proposed supplementary rules would not have sufficient Federalism
implications to warrant preparation of a Federalism Assessment.
Executive Order 12988, Civil Justice Reform
The BLM has determined that these proposed supplementary rules
would not unduly burden the judicial system and meet the requirements
of sections 3(a) and 3(b)(2) of Executive Order 12988.
Executive Order 13175, Consultation and Coordination With Indian Tribal
Governments
In accordance with Executive Order 13175, the BLM has found that
these proposed supplementary rules would not result in significant
changes to BLM policy and that tribal governments would not be unduly
affected by these proposed supplementary rules. These proposed
supplementary rules would have no bearing on trust lands or on lands
for which title is held in fee status by Indian tribes or U.S.
Government-owned lands managed by the Bureau of Indian Affairs.
Information Quality Act
In developing these proposed 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.).
Executive Order 13211, Effects on the Nation's Energy Supply
These proposed supplementary rules would have no effect on the
nation's energy supply, distribution, or use as defined by Executive
Order 13211.
Paperwork Reduction Act
These proposed 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.
Clarity of the Supplementary Rules
Executive Order 12866 requires each agency to write regulations
that are simple and easy to understand. We invite your comments on how
to make these proposed supplementary rules easier to understand,
including answers to questions such as the following: (1) Are the
requirements in these proposed supplementary rules clearly stated? (2)
Do these proposed supplementary rules contain technical language or
jargon that interferes with their clarity? (3) Does the format of these
proposed supplementary rules (grouping and order of sections, use of
headings, paragraphing, etc.) aid or reduce clarity? (4) Would these
proposed supplementary rules be easier to understand if they were
divided into more (but shorter) sections? (5) Is the description of
these proposed supplementary rules in the SUPPLEMENTARY INFORMATION
section of this preamble helpful to your understanding of these
proposed supplementary rules? How could this description be more
helpful in making these proposed supplementary rules easier to
understand? Please send any comments you have on the clarity of these
proposed supplementary rules to the address specified in the ADDRESSES
section.
Conclusion
For the reasons stated in the preamble and under the authorities
for supplementary rules at 43 CFR 8365.1-6 and 43 U.S.C. 1733(a) and
1740, the BLM Oregon/Washington State Director proposes to:
(1) Remove supplementary rule 2, published at 62 FR 36303 (July 7,
1997) that states, ``Consumption, possession, or furnishing of any
alcoholic beverage in violation of Oregon State law is prohibited'';
(2) Establish supplementary rules for public lands managed by the
BLM in Oregon and Washington, to read as follows:
(a) ``You must not consume, possess, or furnish any beverage
defined as an alcoholic beverage by Oregon State law while on public
lands within the recreation area boundaries of the LLCSRMA''; and
(b) ``Penalties: On public lands under section 303(a) of the
Federal Land Policy and Management Act of 1976, 43 U.S.C. 1733(a) and
43 CFR 8360-7, any person who consumes, possesses, or furnishes any
beverage defined as an alcoholic beverage by Oregon State law, while on
public lands within the recreation area boundaries of the LLCSRMA, 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
[[Page 47665]]
may also be subject to the enhanced fines provided for by 18 U.S.C.
3571.''
Michael S. Mottice,
Bureau of Land Management, Acting State Director, Oregon/Washington.
[FR Doc. 2012-19533 Filed 8-8-12; 8:45 am]
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