68974 Federal Register / Vol. 69, No. 227 / Friday, November 26, 2004 / Notices 

DEPARTMENT OF THE INTERIOR

Bureau of Land Management 

[WO–120–04–1630–PD] 

Proposed Supplementary Rule for the 

Public Lands Administered by the 

Bureau of Land Management, Arizona 

State Office, Relating to Possession of 

Open Container of Alcohol While 

Operating or Riding on/in Motor 

Vehicles

AGENCY: Bureau of Land Management, 

Interior.

ACTION: Proposed Supplementary Rule.

SUMMARY: The Bureau of Land 

Management (BLM) is proposing a 

supplementary rule to apply to the 

public lands administered by the 

Arizona State Office. The rule addresses 

the illegal use of alcohol on public 

lands. The BLM needs this 

supplementary rule to protect natural 

resources and the health and safety of 

public land users. This supplementary 

rule will allow BLM Law Enforcement 

Officers to enforce a regulation 

prohibiting the possession of open 

containers of alcohol while operating or 

riding on/in motor vehicles on public 

lands in a manner consistent with 

current Arizona State law and BLM 

California supplementary rule.

DATES: Send your comments by January 

25, 2005. In developing final rules, the 

BLM may not consider comments 

postmarked or received in person or by 

electronic mail after this date.

ADDRESSES: Send comments to John 

McLaughlin, State Staff Ranger, Bureau 

of Land Management, Arizona State 

Office, 222 N. Central Avenue, Phoenix, 

AZ 85004, (602) 417–9339.

FOR FURTHER INFORMATION CONTACT: Lyle 

Shaver, Special Agent-in-Charge, BLM 

Arizona State Office, 222 N. Central 

Avenue, Phoenix, AZ 85004, (602) 417–

9317. 

I. Discussion of the Supplementary 

Rules 

This proposed supplementary rule 

would apply to all public lands 

administered by BLM’s Arizona State 

Office, i.e., all public lands in Arizona. 

In keeping with the BLM’s performance 

goal to reduce threats to public health 

and safety and property, this proposed 

supplementary rule is necessary to 

protect the natural resources and to 

provide for safe public recreation and 

public health. Alcohol related offenses 

are a growing problem on the public 

lands. Hundreds of people are injured 

each year while operating or riding on/

in motor vehicles on public lands. A 

large percentage of these injury 

accidents are alcohol related. This rule 

will provide BLM with a tool to increase 

law enforcement efforts related to 

driving under the influence and 

ultimately reduce the number of alcohol 

related incidents and deaths. 

II. Procedural Information 

Executive Order 12866, Regulatory 

Planning and Review 

This supplementary rule is not a 

significant regulatory action and is not 

subject to review by the Office of 

Management and Budget under 

Executive Order 12866. This 

supplementary rule will not have an 

annual effect of $100 million or more on 

the economy. It 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. It is directed at preventing 

unlawful personal behavior on public 

lands for purposes of protecting public 

health or safety. 

This proposed supplementary rule 

would not create a serious inconsistency 

or otherwise interfere with an action 

taken or planned by another agency. 

The supplementary rule would not 

materially alter the budgetary effects of 

entitlements, grants, user fees or loan 

programs or the rights or obligations of 

their recipients, and would not raise 

novel legal or policy issues. The 

supplementary rule would merely 

enable BLM law enforcement personnel 

to enforce a regulation pertaining to 

unlawful possession of an open 

container of alcohol on public lands in 

a manner that mirrors current State of 

Arizona law and BLM California 

supplementary rule. 

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 

would have a significant economic 

impact, either detrimental or beneficial 

on a substantial number of small 

entities. The supplementary rule 

proposed here would protect the health 

and safety of individuals, property, and 

resources on the public lands. 

Therefore, 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 (SBREFA) 

This proposed supplementary rule 

would not constitute a ‘‘major rule’’ as 

defined at 5 U.S.C. 804(2). Again, the 

proposed supplementary rule only 

pertains to individuals who may be 

unlawfully using alcohol on the public 

lands. The proposed rule will assist in 

the protection of the public lands and 

those who use them, including small 

business concessionaires and outfitters. 

The proposed supplementary rule 

would have no effect on costs, prices, 

competition, or commercial use of the 

public lands. 

Unfunded Mandates Reform Act 

This proposed supplementary rule 

would 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 would this proposed 

supplementary rule have significant or 

unique effect on small governments. 

The supplementary rule would be 

patterned on Arizona State law and the 

BLM California supplementary rule. 

Therefore, BLM is not required to 

prepare a statement containing the 

information required by the Unfunded 

Mandate Reform Act (2 U.S.C. 1531 et 

seq.) 

Executive Order 12630, Governmental 

Action and Interference With 

Constitutionally Protected Property 

Rights (Takings) 

The proposed supplementary rule 

does not have significant takings 

implications, and does not cause the 

impairment of any property rights. The 

rule would not provide for the surrender 

or confiscation of any legal personal or 

real property. Therefore, the Department 

of the Interior has determined that the 

supplementary rule would not require 

preparation of a takings assessment 

under this Executive Order. 

Executive Order 13132, Federalism 

The proposed supplementary rule 

would 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 the responsibilities among 

the various levels of government. The 

supplementary rule applies only to 

public lands administered by the 

Arizona State Office and does not 

address jurisdictional issues involving 

the Arizona State government. 

Therefore, in accordance with Executive 

Order 13132, BLM has determined that 

the proposed supplementary rule does 

not have sufficient federalism 

Federal Register / Vol. 69, No. 227 / Friday, November 26, 2004 / Notices 68975

implications to warrant preparation of a 

federalism assessment. 

Executive Order 13175, Consultation 

and Coordination With Indian Tribal 

Governments 

In accordance with E.O. 13175, we 

have found that this proposed 

supplementary rule would not include 

policies that have tribal implications. 

Since the rule does not change BLM 

policy and does not involve Indian 

reservation lands or resources, we have 

determined that the government-togovernment relationships should remain 

unaffected. The proposed 

supplementary rule only prohibits the 

unlawful possession of alcoholic 

beverages on public lands. 

Executive Order 12988, Civil Justice 

Reform 

Under Executive Order 12988, the 

Office of the Solicitor has determined 

that this proposed supplementary rule 

would not unduly burden the judicial 

system and that it meets the 

requirements of sections 3(a) and 3(b)(2) 

of the Order. 

Paperwork Reduction Act 

This proposed supplementary rule 

does 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.

National Environmental Policy Act

BLM has determined the 

supplementary rule is categorically 

excluded from environmental review 

under section 102(2)(C) of the National 

Environmental Policy Act, pursuant to 

516 Departmental Manual (DM) Chapter 

2, Appendix 1. In addition, the 

supplemental rule does not meet any of 

the ten criteria for exceptions to 

categorical exclusions listed in 516 DM, 

Chapter 2, Appendix 2. Pursuant to 

Council on Environmental Quality 

regulations (40 CFR 1508.4) and the 

environmental policies and procedures 

of the Department of the Interior, the 

term ‘‘categorical exclusion’’ means a 

category of actions which do not 

individually or cumulatively have a 

significant effect on the human 

environment and that have been found 

to have no such effect in procedures 

adopted by a Federal Agency, and for 

which neither an environmental 

assessment nor environmental impact 

statement is required. 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This proposed supplementary rule is 

not a significant energy action. The rule 

would not have an adverse effect on 

energy supplies, production or 

consumption. It only addresses the 

possession of alcoholic beverages on 

public lands, and has no conceivable 

connection with energy policy. 

Author 

The principal author of this 

supplementary rule is State Staff Ranger 

John McLaughlin of the Arizona State 

Office, Bureau of Land Management, 

Department of the Interior. 

Under the authority of 43 CFR 

8365.1–6 and 43 U.S.C. 1733(a), the 

Arizona State Director, Bureau of Land 

Management, issues supplementary 

rules for public lands administered by 

the Arizona State Office. 

Supplementary Rule on Possession of 

Open Containers of Alcoholic 

Beverages on Public Lands 

The Arizona State Office issues this 

supplementary rule under the Federal 

Land Policy and Management Act 

(FLPMA), 43 U.S.C. 1733(a), 1740, and 

43 CFR 8365.1–6. 

No person shall have in their 

possession, or on their person, an open 

container that contains an alcoholic 

beverage while operating or riding on/

in a motor vehicle or off-road vehicle on 

public lands administered by the BLM, 

Arizona State Office. 

1. Definitions 

The following definitions will apply 

to the proposed supplementary rule, 

unless modified within a specific part or 

regulation: 

a. A motor vehicle is defined as any 

self-propelled device in, upon, or by 

which a person is or may be 

transported, including a vehicle that is 

propelled by electric power. Exempt 

from this definition are motorized 

wheelchairs. ‘‘Off-road vehicle’’ is 

defined in 43 CFR 8340.0–5(a). 

b. Operator means any person who 

operates, drives, controls, or otherwise 

has charge of a mechanical mode of 

transportation or any other mechanical 

equipment. 

c. Public lands means any lands and 

interests in lands owned by the United 

States and administered by the 

Secretary of the Interior through the 

Bureau of Land Management without 

regard to how the United States 

acquired ownership. This includes, but 

is not limited to, a paved or unpaved 

parking lot or other paved or unpaved 

area where vehicles are parked or areas 

where the public may drive a motorized 

vehicle, paved or unpaved roads, roads, 

routes or trails. 

Open container means any bottle, can, 

jar or other receptacle that contains 

alcohol and that has been opened, has 

had its seal broken or the contents of 

which have been partially removed. 

2. Limitations 

a. This section does not apply to: 

i. An open container stored in the 

trunk of a motor vehicle or, if a motor 

vehicle is not equipped with a trunk, an 

open container stored 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; 

or 

ii. An open container stored in the 

living quarters of a motor home or 

camper; or 

iii. Unless otherwise prohibited, an 

open container carried or stored in a 

motor vehicle that is parked and the 

vehicle’s occupant(s) are camping. 

iv. For the purpose of paragraph (a)(i) 

of this section, a utility compartment or 

glove compartment is deemed to be 

readily accessible to the operator and 

passengers of a motor vehicle. 

Penalties 

Under the Federal Land Policy and 

Management Act of 1976 43 U.S.C. 

1733(a), and the Sentencing Reform Act 

of 1984, as amended, 18 U.S.C. 3551, 

3571, persons who violate this 

restriction are subject to arrest and, 

upon conviction, may be fined up to 

$100,000 and/or imprisoned for not 

more than 12 months.

Elaine Y. Zielinski, 

State Director, Arizona.

[FR Doc. 04–26089 Filed 11–24–04; 8:45 am] 

BILLING CODE 4310–HC–P

DEPARTMENT OF THE INTERIOR

Bureau of Land Management 

[CO–150–1220–PA ] 

Notice of Proposed Supplementary 

Rules for Public Lands in Colorado: 

Escalante Canyon Area of Critical 

Environmental Concern (ACEC), 

Escalante Potholes Recreation Area, 

and Escalante Bridge Boat Launch Site

AGENCY: Bureau of Land Management, 

Interior.

ACTION: Notice of proposed 

supplementary rules. 

SUMMARY: The Bureau of Land 

Management’s (BLM) Uncompahgre