Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Notices 76483 

accordance with the instructions in the 

ADDRESSES section of this notice. HUD’s 

draft notice will be posted and is 

available at http://www.hud.gov/offices/ 

hsg/mfh/progdesc/progdesc.cfm. 

Comment Due Date: January 18, 2011. 

ADDRESSES: Interested persons are 

invited to submit comments on HUD’s 

draft Section 202/811 Program 

Guidance. Communications must refer 

to the above docket number and title. 

There are two methods of submitting 

public comments: 

1. Submission of Comments by Mail. 

Comments may be submitted by mail 

posted by the due date to the 

Department of Housing and Urban 

Development, Attention: Section 202/ 

811 Processing Guidance, 451 7th 

Street, SW., Room 6134, Washington, 

DC 20410. 

2. Submission of comments by e-mail. 

Comments may be submitted by e-mail 

to 202/811Mixed-Finance@hud.gov. 

Facsimile (Fax) comments will not be 

accepted. 

All communications must refer to the 

above docket number and title. 

Comments must specifically identify the 

page and paragraph number to which 

they refer. 

FOR FURTHER INFORMATION CONTACT: 

Kerry Mulholland, Office of Multifamily 

Housing Development, Office of 

Housing, Department of Housing and 

Urban Development, 451 7th Street, 

SW., Room 6128, Washington, DC 

20410, telephone 202–708–3000 Ext. 

2649. 

Carol J. Galante, 

Deputy Assistant Secretary for Multifamily 

Housing Programs. 

[FR Doc. 2010–30689 Filed 12–7–10; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

Land Acquisitions; Cherokee Nation of 

Oklahoma 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice of Final Agency 

Determination. 

SUMMARY: The Assistant Secretary— 

Indian Affairs made a final agency 

determination to acquire approximately 

16.61 acres of land into trust for the 

Cherokee Nation of Oklahoma on 

November 10, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Paula L. Hart, Director, Office of Indian 

Gaming, Bureau of Indian Affairs, MS– 

3657 MIB, 1849 C Street, NW., 

Washington, DC 20240; Telephone (202) 

219–4066. 

SUPPLEMENTARY INFORMATION: This 

notice is published in the exercise of 

authority delegated by the Secretary of 

the Interior to the Assistant Secretary— 

Indian Affairs by 209 Departmental 

Manual 8.1 and is published to comply 

with the requirements of 25 CFR Part 

151.12(b) that notice be given to the 

public of the Secretary’s decision to 

acquire land in trust at least 30 days 

prior to signatory acceptance of the land 

into trust. The purpose of the 30-day 

waiting period in 25 CFR 151.12(b) is to 

afford interested parties the opportunity 

to seek judicial review of final 

administrative decisions to take land in 

trust for Indian Tribes and individual 

Indians before transfer of title to the 

property occurs. On November 10, 2010, 

the Assistant Secretary—Indian Affairs 

decided to accept approximately 16.61 

acres of land into trust for the Cherokee 

Nation of Oklahoma under the authority 

of the Indian Reorganization Act of 

1934, 25 U.S.C. 465. The 16.61 acres are 

located within the former reservation 

boundaries of the Cherokee Nation in 

Cherokee County, Oklahoma. The parcel 

will be used for a gaming establishment. 

The 16.61 acre parcel located in 

Cherokee County, Oklahoma is 

described as follows: 

A tract of land lying in and being a 

part of the SE1⁄4 SW1⁄4 of Section 16, 

Township 16 North, Range 22 East, 

I.B.&M., Cherokee County, Oklahoma, 

more particularly described as follows, 

to-wit: 

BEGINNING at the SE corner of said 

SE1⁄4 SW1⁄4; thence North 89°54′ West 

along the South Boundary of said SE1⁄4

SW1⁄4, 420.68 feet to a point on the 

Easterly Boundary of Oklahoma State 

Highway No. 82; thence North 36°26′02′′ 

West along the Easterly Boundary of 

Oklahoma State Highway No. 82, 300.1 

feet; thence in a Northerly direction, on 

a curve to the right, having a radius of 

651.2 feet; an arc distance of 570.56; 

thence North 36°16′57′′ East, 283.22 feet; 

thence North 53°43′03′′ West, 55.0 feet 

to a point on the Easterly boundary of 

U.S. Highway No. 62; thence 

Northeasterly, along the Easterly 

boundary of U.S. Highway No. 62, on a 

curve to the left; having a radius of 

3645.99 feet; an arc distance of 27.29 

feet; thence South 42°55′ East, 183.0 

feet; thence North 34°10′ East, 135.0 

feet; thence North 32°03′ East, 325.3 

feet; thence South 89°53′ East, 197.6 feet 

to the NE corner of said SE1⁄4 SW1⁄4; 

thence South 0°07′ West, 1319.75 feet to 

the POINT OF BEGINNING; LESS AND 

EXCEPT: 

A strip, piece or parcel of land lying 

in part of the SE1⁄44 SW1⁄44 of Section 

16, Township 16 North, Range 22 East. 

Said parcel of land being described by 

meters and bounds as follows: 

BEGINNING at a point on the South line 

of said SE1⁄4 SW1⁄4; a distance of 399.49 

feet (121.764 meters) West of the SE 

corner of said SE1⁄4 SW1⁄4; thence West 

along said South line a distance of 21.19 

feet (6.457 meters) to a point on the 

present East rights of way line of State 

Highway No. 82. thence Northwesterly 

along said right of way line a distance 

of 449.32 feet (136.953 meters), thence 

South 38°18′29′′ East a distance of 

460.63 feet (140.400 meters) to a POINT 

OF BEGINNING, containing 0.15 acres 

(0.061 hectares), more or less, of new 

right of way, the remaining area 

included in the above description being 

right of way occupied by the present 

highway. All bearings contained in this 

description are based on the Oklahoma 

State Plane Coordinate System and are 

not astronomical bearings. 

Dated: November 10, 2010. 

Donald Laverdure, 

Deputy Assistant Secretary. 

[FR Doc. 2010–30867 Filed 12–7–10; 8:45 am] 

BILLING CODE 4310–4N–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[LLIDC0100000.L12200000.IA0000.241A.0; 

4500012836] 

Notice of Final Supplementary Rules 

for Public Lands in Idaho: Blue Creek 

Bay Recreation Management Area 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Final supplementary rules. 

SUMMARY: The Bureau of Land 

Management (BLM) Coeur d’Alene Field 

Office (CdAFO) is finalizing 

supplementary rules to regulate conduct 

on public lands within the Blue Creek 

Bay Recreation Management Area 

(BCBRMA). These supplementary rules 

are needed to implement decisions set 

out in the Blue Creek Bay Recreation 

Project Plan Environmental Assessment 

(EA) (2009) and in the Coeur d’Alene 

Resource Management Plan (RMP), to 

protect public lands, resources, and 

public health and provide for public 

safety. 

DATES: These rules are effective January 

7, 2011. 

ADDRESSES: You may direct inquiries to 

the Bureau of Land Management, Coeur 

d’Alene Field Office, 3815 Schreiber 


jlentini on DSKJ8SOYB1PROD with NOTICES
76484 Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Notices 

Way, Coeur d’Alene, ID 83815; or e-mail 

Brian_White@blm.gov. 

FOR FURTHER INFORMATION CONTACT: 

Brian White, Bureau of Land 

Management Outdoor Recreation 

Planner (208) 769–5031 or e-mail: 

Brian_White@blm.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

II. Discussion of Public Comments 

III. Discussion of Supplementary Rule 

IV. Procedural Matters 

I. Background 

Through a series of transactions over 

a 10-year period, the BLM acquired 736 

acres of public land surrounding Blue 

Creek Bay on Lake Coeur d’Alene. The 

acquisition generated considerable 

public interest and required a 

substantial investment of public funds. 

The parcels were acquired with the 

intent of providing public access to the 

lake while retaining many of the natural 

elements in close proximity to a rapidly 

growing urban/suburban area. The key 

issues of management concern are 

public health and safety and long-term 

management of public recreational 

access to the property. 

In developing a recreation plan for 

this area, the BLM conducted extensive 

public outreach in 2007 and 2008 and 

analyzed alternative levels of 

development and different management 

strategies for the area. The plan 

considered the physical location and 

characteristics of the area, natural 

resource values, recreational 

opportunities, and public input. The 

Blue Creek Bay Recreation Project Plan 

(BCBRPP), approved in January 2009, 

identified a modest level of 

development designed for day use only 

of new waterfront facilities that will 

include a parking area, docks, vault 

toilet and picnic sites, development of 

an upland trailhead and non-motorized 

trails, and the installation of an 

accessible nature trail with interpretive 

displays for environmental education. 

The BCBRPP identified six 

supplementary rules necessary for the 

safety of the adjacent landowners, 

public land users, and other visitors to 

the area. 

II. Discussion of Public Comments 

The BLM CdAFO proposed these 

supplementary rules in the Federal 

Register on July 13, 2009 (74 FR 33469). 

Public comments were accepted for a 

30-day period ending on August 12, 

2009. The BLM received no public 

comments during the comment period. 

III. Discussion of Supplementary Rules 

The final supplementary rules apply 

to the public lands within the BCBRMA. 

The BCBRMA includes specific 

management actions that restrict certain 

activities and define allowable uses 

which were identified and analyzed in 

the BCBRPP EA. The final 

supplementary rules implement these 

management actions within the 

BCBRMA. These final supplementary 

rules are necessary to protect natural 

resources on public land and provide 

for the public’s health and safety. Please 

see the preamble to the proposed rule 

(74 FR 33469–33470) for discussion of 

the supplementary rules. 

The final supplementary rules do not 

incorporate any substantive changes 

from the proposed supplementary rules. 

Internal review led to some technical 

changes. The legal land description 

added the term ‘‘above Yellowstone 

Road’’ in order to clarify that the 

specified lots were above Yellowstone 

Road. However, this addition does not 

alter the reading of the land description. 

The proposed supplementary rules 

included an ‘‘Enforcement’’ section, 

which was changed to ‘‘Penalties’’ to 

reflect current BLM nomenclature. The 

final rules do not reference 43 CFR 

2932.57(b) in the Penalties section 

because these regulations apply to 

Special Recreation Permits, which are 

not relevant for the supplementary 

rules. 

IV. Procedural Matters 

Executive Order 12866, Regulatory 

Planning and Review 

These supplementary rules are not 

significant and are not subject to review 

by the Office of Management and 

Budget under Executive Order (EO) 

12866. These supplementary rules will 

not have an effect of $100 million or 

more on the economy, nor will they 

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 

supplementary rules will not create a 

serious inconsistency or otherwise 

interfere with an action taken or 

planned by another agency. These 

supplementary rules do not alter the 

budgetary effects or entitlements, grants, 

user fees, or loan programs or the rights 

or obligations of their recipients nor do 

they raise novel legal or policy issues. 

The supplementary rules will not affect 

legal commercial activity, but merely 

contain rules of conduct for public use 

of a limited area of public lands. 

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 supplementary rules 

merely establish rules of conduct for 

public use of a limited area of public 

lands. Therefore, the BLM has 

determined that under the RFA these 

final supplementary rules do 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). The 

supplementary rules merely establish 

rules of conduct for public use of a 

limited area of 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 in 

the aggregate, or the private sector of 

more than $100 million per year; nor do 

they have a significant or unique effect 

on State, local or Tribal governments or 

the private sector. The final 

supplementary rules merely establish 

rules of conduct for public use of a 

limited area of public lands and have no 

effect on State, local or Tribal 

governments and do not impose any 

requirements on any of these entities. 

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 final supplementary rules do 

not represent a government action 

capable of interfering with 

constitutionally protected property 

rights. The final 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 rules do 

not cause a ‘‘taking’’ of private property 

or require preparation of a takings 

assessment 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 


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Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Notices 76485 

the National Government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government. These final 

supplementary rules do not conflict 

with any Idaho State law or regulation. 

Therefore, in accordance with Executive 

Order 13132, the BLM has determined 

that these final 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 

Idaho State Office of the BLM has 

determined that these final 

supplementary rules do not unduly 

burden the judicial system and meet the 

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 found that these 

supplementary rules would not include 

policies that have Tribal implications. 

Since the rules do not change BLM 

policy and do not involve Tribal lands, 

resources, or religious rights, the BLM 

has determined that additional Tribal 

consultation is not necessary. 

Paperwork Reduction Act 

These final supplementary rules do 

not contain any information collection 

that the Office of Management and 

Budget must approve under the 

Paperwork Reduction Act, 44 U.S.C. 

3501 et seq. Any information collection 

that may result from Federal criminal 

investigations or prosecutions 

conducted under these proposed 

supplementary rules is exempt from the 

provisions of the Paperwork Reduction 

Act of 1995, as provided at 44 U.S.C. 

3518(c)(1). 

National Environmental Policy Act 

(NEPA) 

The BLM prepared an EA (ID–410– 

2008–EA–60) and an associated Finding 

of No Significant Impact (FONSI) for the 

BCBRPP, for which a Decision Record 

was issued January 9, 2009. The 

proposed rules and their environmental 

effects were analyzed in the EA, and the 

Decision Record adopted the 

supplementary rules. The 

supplementary rules are consistent with 

and necessary to carry out the direction 

of the RMP and the BCBRPP. They 

establish rules of conduct for public use 

within the BCBRMA to protect public 

health and safety and improve the 

protection of the resources. The BLM 

has placed the EA, FONSI and Decision 

Record on file in the BLM 

Administrative Record at the address 

specified in the ADDRESSES section. 

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 supplementary rules do not have an 

adverse effect on energy supplies, 

production, or consumption. They have 

no connection with energy policy. 

Author 

The principal author of this 

supplementary rule is Brian White, 

Outdoor Recreation Planner, Coeur 

d’Alene Field Office, Bureau of Land 

Management. 

For the reasons stated in the 

preamble, and under the authority for 

supplementary rules found at 43 U.S.C. 

1740 and 43 CFR 8365.1–6, the Idaho 

State Director, Bureau of Land 

Management, issues supplementary 

rules for public lands managed by the 

BLM in Idaho, to read as follows: 

Supplementary Rules for Blue Creek 

Bay 

Recreation Management Area 

These final supplementary rules 

apply, except as specifically exempted, 

to the following described public land 

comprising the entire 736-acre Blue 

Creek Bay Recreation Management Area, 

all of which are contiguous lands in 

Boise Meridian, Kootenai County, 

Idaho: 

T. 50 N., R. 2 W., Section 31: lots 5, 6, 7, 8, 

and E1⁄2 NE1⁄4 SW1⁄4. T. 50 N., R. 3 W., 

Sec. 26: portion of SW1⁄4 south and west 

of Sunnyside Road and Sec. 35: portions 

of lots 1, 2, 7 above Sunnyside Road; lots 

4, 5, 6, and N1⁄2 NW1⁄4, W1⁄2 NE1⁄4. 

T. 49 N., R. 2 W., Sec. 6: lot 4. T. 49 N., R. 

3 W., Sec. 1: portions of lots 1, 2, 5, 6 

above Yellowstone Road. 

Containing 736 acres more or less. 

1. You must not occupy or use the 

Blue Creek Bay public lands from one 

hour after sundown to one hour before 

sunrise. 

2. You must not moor any boat 

overnight on any BLM-managed 

structure or shoreline. 

3. You must not start or maintain any 

open campfires, except when 

completely contained within 

permanently installed steel fire grates or 

cooking grills. 

4. You must not discharge a firearm 

(powered by compressed gas or 

gunpowder) for hunting, target practice 

or other purposes, except that: 

A. Waterfowl hunters may hunt 

waterfowl below the high water mark of 

Lake Coeur d’Alene within Blue Creek 

Bay. 

5. You must not use motor vehicles 

off county roads. 

6. You must not cut or collect 

firewood. 

Exceptions 

These supplementary rules do not 

apply to emergency, law enforcement, 

and Federal or other government 

entities while conducting official or 

emergency duties. Motor vehicle 

restrictions likewise do not apply to 

emergency, law enforcement, and 

Federal or other government motor 

vehicles while conducting official or 

emergency duties. Exemptions to these 

supplementary rules may be granted on 

a case-by-case basis as deemed 

appropriate by the Authorized Officer. 

The prohibition of discharging a firearm 

in rule 4 has no effect on hunting by 

licensed hunters in legitimate pursuit of 

waterfowl on lands managed by Idaho 

Department of Lands during the proper 

season with appropriate firearms. 

Penalties: Any person who violates 

any of these supplementary rules may 

be tried before a United States 

Magistrate and fined up to $1,000, 

imprisoned for up to 12 months, or 

both, in accordance with 43 U.S.C. 

1733(a) and 43 CFR 8360.0–7. 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 Idaho law. 

Peter J. Ditton, 

Acting Idaho State Director. 

[FR Doc. 2010–30717 Filed 12–7–10; 8:45 am] 

BILLING CODE 4310–GG–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–718] 

Certain Electronic Paper Towel 

Dispensing Devices and Components 

Thereof; Notice of Commission 

Determination Not To Review an Initial 

Determination Granting Complainant’s 

Motion To Amend the Complaint and 

Notice of Investigation 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has determined not to 

review the presiding administrative law 


jlentini on DSKJ8SOYB1PROD with NOTICES