55010 Federal Register / Vol. 71, No. 182 / Wednesday, September 20, 2006 / Notices 

within the area and routes open to OHV 

travel. The map may be revised in the 

future based on monitoring of resource 

conditions and trends. Maps and other 

appropriate educational information 

will be posted on kiosks at staging areas. 

Signs will be posted at strategic entry 

locations along the boundaries and on 

the routes designated for use by OHVs. 

Authority: This restriction notice is issued 

under the authority of 43 CFR 8341.2. 

Violations of this restriction are 

punishable by a fine not to exceed 

$1,000 or imprisonment not to exceed 

12 months. 

Persons who are administratively 

exempt from the restrictions contained 

in this notice include: any Federal, State 

or local officer or employee acting 

within the scope of their duties, 

members of any organized rescue or firefighting force in the performance of an 

official duty, and any person holding 

written authorization from the BLM. 

Dated: July 31, 2006. 

Henri R. Bisson, 

Field Office Manager. 

[FR Doc. 06–7973 Filed 9–19–06; 8:45 am] 

BILLING CODE 4310–84–P 

DEPARTMENT OF INTERIOR 

Bureau of Land Management 

[UT–062–06–1220–PM] 

Notice of Supplementary Rules 

Requiring Human Waste Carry-Out for 

White Wash Sand Dunes Area, Moab 

Field Office, UT 

AGENCY: Bureau of Land Management 

(BLM), Interior. 

ACTION: Notice of Interim Final 

Supplementary Rules Requiring Human 

Waste Carry-out for White Wash Sand 

Dunes Area, Moab Field Office, Utah. 

SUMMARY: These interim final 

supplementary rules, applicable to 

specified public lands administered by 

BLM’s Moab Field Office, require the 

possession, set up for usage, and use of 

portable toilets for individuals and 

groups camping on public lands 

administered by the Moab Field Office 

in the White Wash Sand Dunes area of 

Grand County Utah. This action is 

necessary to protect public health and 

maintain public land recreation 

opportunities in the area. 

DATES: These interim final 

supplementary rules are effective 

September 20, 2006 and will remain in 

effect until modified by the authorized 

officer or such time as constructed 

toilets are installed to provide 

reasonable coverage of the geographic 

area. We invite comments until 

November 20, 2006. 

ADDRESSES: Deliver all comments 

concerning the interim final rule by one 

of the following means: 

Mail, personal, or messenger delivery: 

address your comment to the Bureau of 

Land Management, Moab Field Office, 

82 East Dogwood Avenue, Moab, Utah 

84532; Internet: you may access the 

Federal eRulemaking Portal: http:// 

www.regulations.gov; E-mail: you may 

send comments to momail@ut.blm.gov. 

FOR FURTHER INFORMATION CONTACT: 

Russell von Koch, Recreation Branch 

Chief, BLM Moab Field Office, 82 East 

Dogwood Avenue, Moab, Utah 84532, or 

telephone 435–259–2100. 

SUPPLEMENTARY INFORMATION: 

I. Public Comment Procedures 

Written comments on the interim 

final supplementary rules should be 

specific, confined to issues pertinent to 

the interim final supplementary rules, 

and should explain the reason for any 

recommended change. Where possible, 

comments should reference the specific 

section or paragraph of the rules that the 

comment is addressing. BLM need not 

consider or include in the 

Administrative Record for the final 

supplementary rules: (a) Comments that 

BLM receives after the close of the 

comment period (see DATES), unless 

they are postmarked or electronically 

dated before the deadline, or (b) 

comments delivered to an address other 

than those listed above (See ADDRESSES). 

You may also access and comment on 

the interim final supplementary rules at 

the Federal eRulemaking Portal by 

following the instructions at that site 

(see ADDRESSES). 

Comments, including names, street 

addresses, and other contact 

information of respondents, will be 

available for public review at the Moab 

Field Office, 82 East Dogwood Avenue, 

Moab, Utah 84532, during regular 

business hours (7:45 a.m. to 3:45 p.m.), 

Monday through Friday, except Federal 

holidays. Individual respondents may 

request confidentiality. If you wish to 

request that BLM consider withholding 

your name, street address, and other 

contact information (such as: Internet 

address, FAX or phone number) from 

public review or from disclosure under 

the Freedom of Information Act, you 

must state this prominently at the 

beginning of your comment. BLM will 

honor requests for confidentiality on a 

case-by-case basis to the extent allowed 

by law. BLM will make available for 

public inspection in their entirety all 

submissions from organizations, 

businesses, and government agencies, or 

from individuals identifying themselves 

as representatives or officials of such 

entities. 

II. Background and Purpose 

Improper disposal of human body 

waste by recreation visitors to 

undeveloped public lands in the White 

Wash Sand Dunes area near Green 

River, Utah, has produced conditions 

hazardous to public health. Subsequent 

to receiving public complaints, the 

Sanitarian for the Southeastern Utah 

Health Department has requested BLM 

to implement corrective action. 

Problems identified include dumping of 

recreational vehicle holding tanks on 

public roads (an illegal activity under 

both State and Federal law), human 

waste on the ground at camping areas, 

and frequent burying of human waste 

near camping areas. In addition to the 

public health issue, the presence of 

solid human waste impacts the quality 

of recreation opportunities in the White 

Wash Sand Dunes area. The interim 

final supplementary rules are necessary 

to halt ongoing impacts, provide for 

sanitation and public safety, and 

maintain the quality of recreation 

opportunities. 

BLM finds good cause to publish 

these supplementary rules on an interim 

final basis, effective the date of 

publication, because of public health 

and safety concerns within the 

management area. The Moab Field 

Office was contacted on June 14, 2006, 

by the Sanitarian for the Southeastern 

Utah Health Department regarding 

human waste at White Wash Sand 

Dunes. The problems identified by the 

Sanitarian include frequent dumping of 

holding tanks from recreational vehicles 

along the main access road (presumably 

done as people leave the area), human 

waste on the ground at camping areas, 

and the high density of poorly buried 

human waste near camping areas. The 

Health Department has received several 

complaints about this situation. These 

conditions represent an immediate 

threat to human health, and cause a 

continuous nuisance to recreational 

visitors and users of nearby lands. 

III. Procedural Matters 

Executive Order 12866, Regulatory 

Planning and Review 

These interim 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. The 

interim final supplementary rules will 

not have an annual effect of $100 

million or more on the economy. They 

are not intended to affect commercial 


jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 71, No. 182 / Wednesday, September 20, 2006 / Notices 55011 

activity, but impose a rule on disposal 

of the human waste of recreational 

visitors for health protection reasons in 

a limited area of public lands. The 

supplementary rules 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 interim final 

supplementary rules will not create a 

serious inconsistency or otherwise 

interfere with an action taken or 

planned by another agency, but in fact 

are in furtherance of cooperation with 

State and local agencies. The interim 

final supplementary rules do not 

materially alter the budgetary effects of 

entitlements, grants, user fees, or loan 

programs or the right or obligations of 

their recipients; nor do they raise novel 

legal or policy issues. They merely 

impose a requirement to possess and 

use portable toilets on recreational users 

of a limited portion of the public lands 

in Utah in order to protect human 

health, safety, and the environment. 

Clarity of the Interim Final 

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 interim final supplementary rules 

easier to understand, including answers 

to questions such as the following: 

(1) Are the requirements in the 

interim final supplementary rules 

clearly stated? 

(2) Do the interim final 

supplementary rules contain technical 

language or jargon that interferes with 

their clarity? 

(3) Does the format of the interim final 

supplementary rules (grouping and 

order of sections, use of headings, 

paragraphing, etc.) aid or reduce their 

clarity? 

(4) Would the interim final 

supplementary rules be easier to 

understand if they were divided into 

more (but shorter) sections? 

(5) Is the description of the interim 

final supplementary rules in the 

SUPPLEMENTARY INFORMATION section of 

this preamble helpful in understanding 

the interim final supplementary rules? 

How could this description be more 

helpful in making the interim final 

supplementary rules easier to 

understand? 

Please send any comments you may 

have on the clarity of the interim final 

supplementary rules to one of the 

addresses specified in the ADDRESSES

section. 

National Environmental Policy Act 

The interim final supplementary rules 

do not constitute a major Federal action 

significantly affecting the quality of the 

human environment under section 

102(2)(C) of the National Environmental 

Policy Act of 1969, 42 U.S.C. 4332(2)(C). 

BLM has determined that this 

supplementary rule requiring the use of 

portable toilets for overnight camping is 

an example of routine and continuing 

government business, including such 

things as supervision, administration, 

operations, maintenance and 

replacement activities having limited 

context and intensity, e.g., limited size 

and magnitude or short-term effects. 

Therefore, it 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 

supplementary rule does not meet any 

of the 10 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 exclusions’’ 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 an environmental 

impact statement is required. 

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. The interim final 

supplementary rules do not pertain 

specifically to commercial or 

governmental entities of any size, but to 

public recreational use of specific 

public lands. Therefore, BLM has 

determined under the RFA that the 

interim final supplementary rules 

would not have a significant economic 

impact on a substantial number of small 

entities. 

Small Business Regulatory Enforcement 

Fairness Act (SBREFA) 

These interim final supplementary 

rules do not constitute a ‘‘major rule’’ as 

defined at 5 U.S.C. 804(2). The interim 

final supplementary rules merely 

contain a requirement that recreational 

users use portable toilets and remove 

their solid human wastes from certain 

public lands. The interim final 

supplementary rules would not affect 

business, commercial, or industrial use 

of the public lands. 

Unfunded Mandates Reform Act 

The interim final supplementary rules 

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 they have 

a significant or unique effect on small 

governments. These interim final 

supplementary rules do not require 

anything of State, local, or tribal 

governments. Therefore, 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) 

The interim final supplementary rules 

are not a government action capable of 

interfering with constitutionally 

protected property rights. The interim 

final supplementary rules do not 

address property rights in any form, and 

do not cause the impairment of 

anybody’s property rights. Therefore, 

the Department of the Interior has 

determined that these interim 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 

The interim 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. The 

interim final supplementary rules apply 

on a limited area of land in only one 

State, Utah, and are intended to comply 

with State and local government 

requirements. Therefore, BLM has 

determined that the interim final 

supplementary rules do not have 

sufficient federalism implications to 

warrant preparation of a Federalism 

Assessment. 


jlentini on PROD1PC65 with NOTICES
55012 Federal Register / Vol. 71, No. 182 / Wednesday, September 20, 2006 / Notices 

Executive Order 12988, Civil Justice 

Reform 

Under Executive Order 12988, we 

have determined that the interim final 

supplementary rules will not unduly 

burden the judicial system and that the 

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

of the Order are met. The 

supplementary rules comprise a 

provision requiring the use of portable 

toilets to protect human health and the 

environment. 

Executive Order 13175, Consultation 

and Coordination With Indian Tribal 

Governments 

In accordance with Executive Order 

13175, the BLM has found that these 

interim final supplementary rules do 

not include policies that have tribal 

implications. The interim final 

supplementary rules do not affect lands 

held for the benefit of Indians, Aleuts, 

or Eskimos. 

Paperwork Reduction Act 

These interim 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. 

Author 

The principal author of the interim 

final supplementary rules is Russell von 

Koch, Recreation Branch Chief, Moab 

Field Office, Bureau of Land 

Management. 

Human Waste Carry-Out 

Supplementary Rules 

1. Definition 

Portable toilets may be—

a. A containerized and reusable 

system; 

b. A commercially available 

biodegradable system that is landfill 

disposable; or 

c. A toilet within a camper, trailer, or 

motor home. 

2. Rules 

a. You must possess, set up for usage, 

and use portable toilets for solid human 

body waste during overnight camping 

activity in the following area: Public 

lands administered by the Bureau of 

Land Management in and adjacent to 

the White Wash Sand Dunes near Green 

River, Utah, in the following sections: T. 

23 S., R. 17 E., Sections 21, 22, and 28. 

b. You must dispose of portable toilet 

waste off public land. This requirement 

is effective on a year-round basis and 

will remain in effect for camping use 

until modified by the authorized officer 

or until such time as constructed toilets 

are installed to provide reasonable 

coverage of the geographic area. 

c. Campers at the above-described 

area at White Wash Sand Dunes must 

not bury, or leave exposed, solid human 

body waste and toilet paper soiled with 

solid human body waste. The draining 

of sewage from a trailer or other vehicle 

upon the public lands, except in places 

or receptacles provided for that purpose, 

is prohibited by 43 CFR 8365.1–1(b)(3). 

3. Exceptions 

The portable toilet requirements do 

not apply to activities specifically 

exempted by BLM, or to military, fire, 

emergency, and law enforcement 

actions. Backpacking is not regulated by 

these supplementary rules. Backpacking 

is defined as camping more than 1 mile 

from a road without a vehicle. 

4. Implementation 

This notice and a map depicting the 

area included under this human waste 

carry-out requirement are available for 

public review at the Moab Field Office. 

The area covered by this requirement is 

also shown on a map on the Moab Field 

Office’s Web site at http://www.blm.gov/ 

utah/moab. BLM will provide public 

land users with information about the 

human waste carry-out requirement 

using signs at or leading to major 

camping areas in the White Wash Sand 

Dunes area. Enforcement of the human 

waste carry-out rules will be taken as 

necessary in accordance with 43 CFR 

8360.0–7, or violators may be subject to 

the enhanced penalties provided for by 

18 U.S.C 3571. 

5. Future Planning 

This notice shall not be construed as 

a limitation on BLM’s future planning 

efforts and/or management of camping 

use on the public lands. BLM will 

periodically monitor resource 

conditions and trends in the area 

described above and may modify this 

notice or implement additional 

limitations or closures as necessary. 

Dated: August 2, 2006. 

Gene R. Terland, 

Acting, State Director. 

[FR Doc. 06–7929 Filed 9–19–06; 8:45 am] 

BILLING CODE 4310–DQ–P 

DEPARTMENT OF THE INTERIOR 

National Park Service 

White-Tailed Deer Management Plan 

Environmental Impact Statement, Rock 

Creek Park, Washington, DC 

AGENCY: National Park Service. 

ACTION: Notice of intent to prepare a 

White-tailed Deer Management Plan 

Environmental Impact Statement, Rock 

Creek Park, Washington, DC. 

SUMMARY: Under the provisions of the 

National Environmental Policy Act of 

1969, the National Park Service (NPS) is 

preparing a White-tailed Deer 

Management Plan Environmental 

Impact Statement (EIS) for Rock Creek 

Park, Washington, DC. The purpose of 

this plan and EIS is to develop a deer 

management plan that supports longterm protection, preservation, and 

restoration of native vegetation and 

other natural and cultural resources 

within the park. A scoping brochure 

will be prepared that details the issues 

identified to date, and possible 

alternatives to be considered. Copies of 

the brochure may be obtained from Rock 

Creek Park Natural Resources Division 

or the NPS Web site (http:// 

www.nps.gov/rocr). 

DATES: The NPS will accept comments 

from the public for 60 days from the 

publication of this notice. In addition, 

public scoping meetings will be 

conducted at the Rock Creek Park 

Nature Center. Please check the local 

newspapers, the NPS Web site (http:// 

www.nps.gov/rocr) or contact the 

Natural Resources Division, Rock Creek 

Park. 

ADDRESSES: Information will be 

available for public review and 

comment at the Rock Creek Park Nature 

Center, local public libraries, NPS Web 

site (http://www.nps.gov/rocr), and the 

Planning, Environment and Public 

Comment (PEPC) Web site (http:// 

parkplanning.nps.gov). 

FOR FURTHER INFORMATION CONTACT: 

Adrienne A. Coleman, Superintendent, 

Rock Creek Park, 3545 Williamsburg 

Lane, NW., Washington, DC 20008, 

(202) 895–6000. 

SUPPLEMENTARY INFORMATION: The 

purpose of this plan and environmental 

impact statement is to develop a deer 

management plan that supports longterm protection, preservation, and 

restoration of native vegetation and 

other natural and cultural resources 

within the park. A deer management 

plan is needed at this time to address: 

the potential of deer becoming the 

dominant force in the park’s ecosystem 

and adversely impacting native 

vegetation and other wildlife, excessive 

deer browse causing a decline in forest 

regeneration and impacting the existing 

shrubs and herbaceous species, deer 

impacts on cultural landscapes, and 

opportunities for coordinating 

management actions with other 

jurisdictional entities. 


jlentini on PROD1PC65 with NOTICES