39100 Federal Register / Vol. 74, No. 149 / Wednesday, August 5, 2009 / Notices 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[LLCON03000–L12200000–PA0000] 

Notice of Proposed Supplementary 

Rules for Public Lands in Colorado: 

North Fruita Desert Management Area 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Proposed supplementary rules. 

SUMMARY: The Bureau of Land 

Management’s (BLM) Grand Junction 

Field Office is proposing supplementary 

rules to regulate conduct on public 

lands within the North Fruita Desert 

Management Area (NFDMA). These 

supplementary rules are needed to 

implement decisions described in the 

North Fruita Desert Management Plan 

(NFDMP), to protect public lands, 

resources, public health, and provide for 

public safety. 

DATES: Please send comments to the 

following address by October 5, 2009. 

Comments received or postmarked after 

this date may not be considered in the 

development of the final supplementary 

rules. 

ADDRESSES: Please mail comments to 

Chris Ham, North Fruita Desert 

Management Area, 2815 H Road, Grand 

Junction, Colorado 81506; or e-mail 

comments to gjfo_webmail@blm.gov, 

Attn: ‘‘North Fruita.’’ 

FOR FURTHER INFORMATION CONTACT: Eric 

Boik, BLM Field Staff Law Enforcement 

Ranger, 970–244–3070, e-mail: 

Eric_Boik@blm.gov or Chris Ham, 

Recreation Program Lead, 970–244– 

3031, e-mail: Chris_Ham@blm.gov. 

SUPPLEMENTARY INFORMATION: 

I. Public Comment Procedures 

Written comments on the proposed 

supplementary rules should be specific, 

be confined to issues pertinent to the 

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 is not obligated to consider or 

include in the Administrative Record 

for the 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, or comments 

delivered to an address other than the 

address listed above (see ADDRESSES). 

Comments, including names, street 

addresses, and other contact 

information of respondents, will be 

available for public review at 2815 H 

Road, Grand Junction, Colorado 81506, 

during regular business hours (7:30 a.m. 

to 4:30 p.m., Monday through Friday, 

except Federal holidays). Before 

including your address, phone 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 

Recreation resource management 

decisions for the Grand Junction Field 

Office (GJFO) were detailed in the 

Grand Junction Resource Area (GJRA) 

Resource Management Plan (RMP) in 

1987. The Grand Valley, including the 

North Fruita Desert, was designated as 

an Intensive Recreation Management 

Area (IRMA) in the RMP plan. The plan 

identified the need for additional 

planning for the IRMA due to its 

distinguishing characteristics and 

significance to recreation. The North 

Fruita Desert Management Plan fulfills 

the obligation of the GJFO to complete 

a site-specific recreation plan for this 

area. It establishes management 

objectives and identifies management 

strategies to achieve those objectives. 

The North Fruita Desert Management 

Plan amends the GJRA RMP, 

implements the Environmental 

Assessment (EA) and its amendments, 

and supports BLM policies. The North 

Fruita Desert Management Plan is an 

integrated, issue-driven recreation plan 

because it addresses all major resource 

disciplines present in the area and the 

issues associated with them. It is also 

consistent with direction for recreation 

actions found in the Recreation 

Guidelines to meet Public Land Health 

Standards on BLM Managed Lands in 

Colorado (2000), as well as the BLM 

National Mountain Bike Strategy, the 

BLM Off-Highway Vehicle (OHV) 

Strategy and the BLM Priorities for 

Recreation and Visitor Services. These 

three documents may be viewed at 

http://www.blm.gov. 

III. Discussion of the Proposed 

Supplementary Rules 

The proposed supplementary rules 

apply to the public lands within the 

North Fruita Desert Management Area 

(NFDMA). The North Fruita Desert 

Management Plan, a plan which amends 

the 1987 RMP within the North Fruita 

Desert Planning Area includes specific 

management actions that restrict certain 

activities and define allowable uses. The 

proposed supplementary rules 

implement these management actions 

within the NFDMA. These rules do not 

propose or implement any land use 

limitations or restrictions other than 

those limitations or restrictions 

included within the decisions in the 

RMP or allowed for by existing law or 

regulation. Many of the proposed 

supplementary rules apply to the entire 

area, but some apply to specific areas 

within the NFDMA. This approach 

allows for flexibility in management 

actions based on the results of resource 

and visitor monitoring. 

IV. Procedural Matters 

Executive Order 12866, Regulatory 

Planning and Review 

The supplementary rules do not 

comprise a significant regulatory action 

and are not subject to review by the 

Office of Management and Budget under 

Executive Order 12866. The 

supplementary rules will not have an 

annual effect of $100 million or more on 

the economy. They 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. The supplementary rules 

will not create a serious inconsistency 

or otherwise interfere with an action 

taken or planned by another agency. 

The supplementary rules do not 

materially alter the budgetary effects of 

entitlements, grants, user fees, or loan 

programs or the rights or obligations of 

their recipients; nor do they raise any 

novel legal or policy issues. The 

supplementary rules merely establish 

rules of conduct for public use of a 

limited area of public lands. 

Clarity of the Regulations 

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 proposed 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 clarity? 

4. Is the description of the 

supplementary rules in the 

SUPPLEMENTARY INFORMATION section of 

this preamble helpful in understanding 


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Federal Register / Vol. 74, No. 149 / Wednesday, August 5, 2009 / Notices 39101 

the supplementary rules? How could 

this description be more helpful in 

making the supplementary rules easier 

to understand? 

Please send any comments you have 

on the clarity of the rule to the address 

specified in the ADDRESSES section. 

National Environmental Policy Act 

The Management Plan and Final 

Environmental Assessment (EA) for the 

NFDMA were completed and the Record 

of Decision signed in August 2004. The 

supplementary rules are consistent with 

and necessary to properly carry out the 

direction of the RMP and the North 

Fruita Desert Management Plan. They 

establish rules of conduct for public use 

within NFDMA to protect public health 

and safety and improve the protection of 

the resources. 

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 supplementary rules 

merely establish rules of conduct for 

public use of a limited area of public 

lands. Therefore, the BLM has 

determined under the RFA that the 

supplementary rules would not have a 

significant economic impact on a 

substantial number of small entities. 

Small Business Regulatory Enforcement 

Fairness Act 

The 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 

The 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 

small governments. The rules have no 

effect on governmental or tribal entities 

and would impose no requirements on 

any of these entities. The supplementary 

rules merely establish rules of conduct 

for public use of a limited area of public 

lands and do not affect tribal, 

commercial, or business activities of any 

kind. 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 supplementary rules do not 

have significant takings implications, 

nor are they capable of interfering with 

Constitutionally-protected property 

rights. The supplementary rules merely 

establish rules of conduct for public use 

of a limited area of public lands and do 

not affect anyone’s property rights. 

Therefore, the BLM has determined that 

these rules will not cause a taking of 

private property or require preparation 

of a takings assessment under this 

Executive Order. 

Executive Order 13132, Federalism 

These supplementary rules will not 

have a substantial direct effect on the 

states, the relationship between the 

national government and the states, or 

the distribution of power and 

responsibilities among the various 

levels of government. These 

supplementary rules do not come into 

conflict with any 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, these 

supplementary rules will not unduly 

burden the judicial system and they 

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 has found that these 

supplementary rules do not include 

policies that have tribal implications. 

The supplementary rules do not affect 

land held for the benefit, nor impede the 

rights of Indians or Alaska Natives. 

Paperwork Reduction Act 

The proposed supplementary rules do 

not directly provide for 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, 44 U.S.C. 3518(c)(1). 

Author 

The principal author of these 

proposed supplementary rules is Eric 

Boik, BLM Field Staff Law Enforcement 

Ranger, McInnis Canyons National 

Conservation Area, 2815 H Road, Grand 

Junction, Colorado 81506. 

For the reasons stated in the preamble 

and under the authorities for 

supplementary rules found under 43 

U.S.C. 1740 and 43 CFR 8365.1–6, the 

Colorado State Director, Bureau of Land 

Management, proposes supplementary 

rules for public lands managed by the 

BLM in Colorado, to read as follows: 

Supplementary Rules for North Fruita 

Desert Management Area 

1. These supplementary rules apply, 

except as specifically exempted, to 

activities in the North Fruita Desert 

Management Area (NFDMA), which is 

comprised of public lands administered 

by the Bureau of Land Management near 

Grand Junction, Colorado. 

2. These supplementary rules are in 

effect on a year-round basis and will 

remain in effect until modified by the 

authorized officer. 

3. You must not start or maintain a 

fire outside of a metal fire ring at sites 

or areas where fire rings are provided by 

the BLM. Mechanical stoves and other 

appliances that are fueled by gas, and 

equipped with a valve that allows the 

operator to control the flame, are among 

the devices that fulfill the requirement 

for a metal fire ring. 

4. You must not start or maintain a 

fire in sites or areas not designated as 

open for such use by a BLM sign or 

map. 

5. You must not cut or collect live, 

dead, or down wood except in areas 

designated as open to such use by a 

BLM sign or map. 

6. You must not use roads and/or 

trails by motorized or mechanized 

vehicle or equestrian or pedestrian 

travel except when designated as open 

to such use by a BLM sign or map. 

7. You must not discharge a firearm 

of any kind, including those used for 

target shooting or paintball as indicated 

by a BLM sign or map. Licensed hunters 

in legitimate pursuit of game during the 

proper season with appropriate 

firearms, as defined by the Colorado 

Division of Wildlife, are exempt from 

this rule. 

8. The hours of operation are sunrise 

to sunset in any area that is for day-use 

only as indicated by a BLM sign or map. 

You must not enter or remain in such 

an area after sunset or before sunrise. 


srobinson on DSKHWCL6B1PROD with NOTICES
39102 Federal Register / Vol. 74, No. 149 / Wednesday, August 5, 2009 / Notices 

9. You must not enter an area that is 

designated as closed by a BLM sign or 

map. 

10. You must not camp in sites or 

areas not designated as open to camping 

by a BLM sign or map. 

11. You must not burn material, 

including wood that contains nails, 

glass or any metal. 

12. You must not park in areas not 

designated for parking by a BLM sign or 

map. 

13. You must not bring any dog into 

the NFDMA that is not controlled by 

visual, audible, or physical means. 

14. You must remove and properly 

dispose of canine solid waste when 

indicated by a BLM sign or map. 

15. You must dispose of solid human 

waste as indicated by a BLM sign or 

map. 

Exemptions: Persons who are exempt 

from the restrictions contained in these 

Rules include: 

A. Federal, state, local and/or military 

personnel in the scope of their official 

duties; 

B. Members of any organized rescue 

or fire-fighting force in performance of 

their official duties; and 

C. Persons, agencies, municipalities, 

or companies holding an existing 

special use permit inside the NFDMA 

and operating within the scope of their 

permit. 

Penalties: Any person who violates 

any of the 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. 43 U.S.C. 1733(a); 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 Colorado law. 

Dave Hunsaker, 

Associate State Director. 

[FR Doc. E9–18723 Filed 8–4–09; 8:45 am] 

BILLING CODE 4310–JB–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[LLNVWO3500.L17000000.PA0000; 09– 

08807; TAS: 14X1109] 

Notice of Temporary Closures and 

Prohibitions of Certain Activities on 

Public Lands in Pershing County, NV 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Notice of temporary closure. 

SUMMARY: Certain lands located in 

northwestern Nevada partly within the 

Black Rock Desert-High Rock Canyon 

Emigrant Trails National Conservation 

Area (NCA) will be temporarily closed 

or restricted and certain activities will 

be temporarily prohibited in and around 

the Burning Man event site 

administered by the Bureau of Land 

Management (BLM) Winnemucca 

District. The specified closures, 

restrictions and prohibitions are made 

in the interest of public safety at and 

around the event. The 2006 Decision 

Record and associated Environmental 

Assessment (EA) authorized issuance of 

a five-year permit to Black Rock City 

LLC (BRC LLC) to conduct the event on 

public lands within the NCA. The 

authorization for 2009 represents year 

four of the permit. 

DATES: August 3, 2009 to September 18, 

2009. 

FOR FURTHER INFORMATION CONTACT: 

Dave Hays, Field Manager, Bureau of 

Land Management, Black Rock Field 

Office, Winnemucca District, 5100 E. 

Winnemucca Blvd., Winnemucca, NV 

89445–2921, telephone: (775) 623–1500. 

SUPPLEMENTARY INFORMATION: Issues 

raised during public scoping for the EA 

included public health, socioeconomics, 

event management, and playa access/ 

conditions. The EA analyzed a full 

spectrum of resources including, but not 

limited to, recreation, wildlife, air 

quality, solid waste and hazardous 

waste. Cumulative effects of the 

proposed action were also fully 

analyzed in the EA. An annual review 

of the permit, BRC LLC operations plan, 

closure orders, and special stipulations 

is done prior to issuance of an annual 

operations authorization. 

Two areas are proposed for temporary 

closures during portions of August and 

September 2009. The smaller of the two 

areas, the Event Closure Area, is 

described in Section I of this notice and 

includes about 2,550 acres that will be 

subject to additional restrictions. During 

the 48-day period from August 3 

through September 18 this area will be 

closed to public camping, public use, 

possession of weapons, possession of 

fireworks, building of fires on the 

ground, waste water discharge and other 

restrictions. The second and larger area 

is the Public Closure Area as described 

in Section II of this notice and 

encompasses about 6,200 acres. This 

area will be closed to camping and 

discharge of weapons during the same 

48-day period. Additional restrictions 

including public use and aircraft 

landing will apply during an 11-day 

period that corresponds to the actual 

event which is August 31 through 

September 7, 2009. 

I. The 2009 Event Area is within the 

following legally described locations: 

Mount Diablo Meridian, Nevada 

Unsurveyed T. 33 N., R. 24 E., 

Sec. 1, portion within event perimeter 

fence and 50 yards outside the fence; 

Sec. 2, portion within event perimeter 

fence, 50 yards outside the fence and the 

aircraft parking area; 

Sec. 3, portion within event perimeter 

fence, 50 yards outside the fence and 

within 50 yards of the event entrance 

road; 

Secs. 4 and 5, portions within 50 yards of 

the event entrance road. 

Unsurveyed T. 331⁄2 N., R. 24 E., 

Sec. 25, portion within event perimeter 

fence and 50 yards outside the fence; 

Sec. 26; 

Secs. 27 and 34, portions within event 

perimeter fence and 50 yards outside the 

fence; 

Sec. 35; 

Sec. 36, portion within event perimeter 

fence and 50 yards outside the fence. 

Unsurveyed T. 34 N., R. 24 E., 

Secs. 34, 35 and 36, portions within event 

perimeter fence and 50 yards outside the 

fence. 

The area described contains 2,550 acres, 

more or less. 

Between August 3, 2008 and 

September 18, 2009 inclusive the 

following restrictions and provisions 

apply: 

A. Aircraft Landing 

Aircraft as defined in Title 18, United 

States Code, section 31(a)(1) and 

includes lighter-than-air craft, ultra-light 

craft, and remotely controlled powered 

craft are prohibited from landing, taking 

off, or taxiing. The following exceptions 

apply: 

1. Aircraft operations conducted 

through the authorized event landing 

strip and such ultra-light and helicopter 

take-off and landing areas designated for 

Burning Man event staff and 

participants, law enforcement, and 

emergency medical services. 

2. Helicopters providing emergency 

medical services may land in other 

locations when required for medical 

incidents. 

3. Landings or take-offs of lighterthan-air craft previously approved by 

the BLM authorized officer. 

B. Alcohol 

1. Possession of an open container of 

an alcoholic beverage by the driver or 

operator of any motorized vehicle, 

whether or not the vehicle is in motion 

is prohibited. 

2. Possession of alcohol by minors. 

(a) The following are prohibited: 

(1) Consumption or possession of any 

alcoholic beverage by a person under 21 

years of age on public lands. 


srobinson on DSKHWCL6B1PROD with NOTICES