[Federal Register Volume 72, Number 41 (Friday, March 2, 2007)]
[Notices]
[Pages 9583-9584]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-3642]



[[Page 9583]]

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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[NV-057-1630-NU]


Shooting Closure on Certain Lands Managed by the Bureau of Land 
Management, Las Vegas Field Office

AGENCY: Bureau of Land Management, Interior.

ACTION: Establishment of a shooting closure on selected public lands in 
Nye County, Nevada with request for comment.

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SUMMARY: The Field Manager of the Las Vegas Field Office is proposing 
to close selected public lands under its administration within Nye 
County, Nevada, to target shooting. The proposed closure is to ensure 
the safety of persons and property adjacent to these selected public 
lands. The rapid increase in population and growth of Pahrump, Nevada 
has created conflicts between new residential areas and traditional 
public lands users accustomed to target shooting on public lands around 
Pahrump. There have been incidents of damage to private property and 
indiscriminate shooting towards residential areas by public land users. 
Trash accumulation from items used as targets is also affecting the 
condition of the public lands. This action is being taken to help 
ensure public safety and prevent environmental degradation. This 
proposed closure does not apply to hunting under the laws and 
regulations of the State of Nevada.

DATES: We invite the public to submit written comments concerning the 
proposed shooting closure by April 2, 2007.

ADDRESSES: Mail or hand deliver all comments concerning the proposed 
shooting closure to the Bureau of Land Management, Las Vegas Field 
Office, 4701 North Torrey Pines, Las Vegas, Nevada 89130; or, you may 
access the Federal eRulemaking Portal: http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: The Office of the Chief Ranger of Law 
Enforcement, Bureau of Land Management, Las Vegas Field Office, 4701 
North Torrey Pines Drive, Las Vegas, Nevada 89130, telephone number 
(702) 515-5000.

SUPPLEMENTARY INFORMATION:

I. Public Comment Procedures

    Written comments on the proposed shooting closure should be 
specific, confined to issues pertinent to the proposed closure, and 
should explain the reason for any recommended change. Where possible, 
comments should reference the specific section or paragraph of the 
supplementary rule that the comment is addressing. The BLM need not 
consider or include in the Administrative Record for the final shooting 
closure:
    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 proposed shooting closure 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 
Las Vegas Field Office, 4701 N. Torrey Pines, Las Vegas, Nevada 89130, 
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 available at any 
time. While you can ask us in your comments to withhold your personal 
information from public review, we cannot guarantee that we will be 
able to do so.

II. Background

    The BLM plans to establish a shooting closure under the authority 
of 43 CFR 8364.1, which allows BLM Field Managers to establish closures 
for the protection of persons, property, and public lands and 
resources.
    This provision allows the BLM to issue closures of less than 
national effect without codifying the rules in the Code of Federal 
Regulations.

III. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    This proposed shooting closure is not a significant regulatory 
action and is not subject to review by the Office of Management and 
Budget under Executive Order 12866. This proposed shooting closure will 
not have an annual effect of $100 million or more on the economy. It is 
not intended to affect commercial activity, but contain rules of 
conduct for public use of certain public lands. 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. This proposed shooting closure will 
not create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency. This proposed shooting 
closure does not materially alter the budgetary effects of 
entitlements, grants, user fees, or loan programs or the right or 
obligations of their recipients; nor does it raise novel legal or 
policy issues. It merely imposes certain rules on recreational use on a 
limited portion of public lands in Southern Nevada in order to protect 
human health, and safety.

Clarity of the Proposed Shooting Closure

    Executive Order 12866 requires each agency to write regulations 
that are simple and easy to understand. We invite your comments on how 
to make this proposed shooting closure easier to understand, including 
answers to questions such as the following:
    a. Are the requirements in the proposed shooting closure clearly 
stated?
    b. Does the proposed shooting closure contain technical language or 
jargon that interferes with its clarity?
    c. Does the format of the proposed shooting closure (grouping and 
order of sections, use of headings, paragraphing, etc.) aid or reduce 
their clarity?
    d. Would the proposed shooting closure rules be easier to 
understand if they were divided into more (but shorter) sections?
    e. Is the description of the proposed shooting closure in the 
SUPPLEMENTARY INFORMATION section of this preamble helpful in 
understanding the proposed shooting closure? How could this description 
be more helpful in making the proposed shooting closure easier to 
understand?
    Please send any comments you have on the clarity of the proposed 
shooting closure to the address specified in the ADRESSES section.

National Environmental Policy Act

    This proposed shooting closure itself does 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).

Regulatory Flexibility Act

    Congress enacted the Regulatory Flexibility Act (RFA), 5 U.S.C. 
601-612, to ensure that Government regulations do not unnecessarily or 
disproportionately burden small entities. The RFA required a regulatory

[[Page 9584]]

flexibility analysis if a rule would have a significant economic 
impact, either detrimental or beneficial on a substantial number of 
small entities. The proposed shooting closure does not pertain 
specifically to commercial or governmental entities of any size, but to 
public recreational use of specific lands. Therefore, the BLM has 
determined under the RFA that these interim supplementary rules would 
not have a significant economic impact on a substantial number of small 
entities.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    This proposed shooting closure does not constitute a ``major rule'' 
as defined by U.S.C. 804(2). The proposed shooting closure merely 
contains rules of conduct for recreational use of certain public lands. 
The proposed shooting closure has no effect on business, commercial, or 
industrial use of the public lands.

Unfunded Mandates Reform Act

    The proposed shooting closure does 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 does it have a 
significant or unique effect on small governments. The propsed shooting 
closure does not require anything of state, local, or Tribal 
governments. Therefore, the BLM is not required to prepare a statement 
containing the information required by the Unfunded Mandates Reform Act 
(2 U.S.C. 1532 et seq.).

Executive Order 12630, Governmental Actions and Interference With 
Constitutionally Protected Property Rights (Takings)

    The proposed shooting closure is not a government action capable of 
interfering with constitutionally protected property rights. The 
proposed shooting closure does not address property rights in any form, 
and does not cause the impairment of anybody's property rights. 
Therefore, the Department of the Interior has determined that this 
proposed shooting closure would not cause a taking of private property 
or require further discussion of takings implications under this 
Executive Order.

Executive Order 13132 Federalism

    The proposed shooting closure 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 proposed 
shooting closure affects land in only one state, Nevada. Therefore, the 
BLM has determined that the proposed shooting closure does not have 
sufficient Federalism implications to warrant preparation of a 
Federalism Assessment.

Executive Order 12988, Civil Justice Reform

    Under Executive Order 12988, the Office of the Solicitor has 
determined that the proposed shooting closure 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 proposed shooting closure includes 
rules of conduct and prohibited acts, but they are straightforward and 
not confusing, and their enforcement should not unreasonably burden the 
United States Magistrate who will try any persons cited for violating 
them.

Executive Order 13175, Consultation and Coordination With Indian Tribal 
Governments

    In accordance with Executive Order 13175, the BLM has found that 
this proposed shooting closure does not include policies that have 
Tribal implications. The proposed shooting closure does not affect 
lands held for the benefit of Indians, Aleuts or Eskimos.

Paperwork Reduction Action

    The proposed shooting closure does 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. rules 
requiring special recreation permits for certain recreational users 
will involve collection of information contained on BLM Special 
Recreation Permit form 2930-1. This permit form has been approved under 
OMB Number 10004-0119.

Author

    The principal author of these interim supplementary rules is Erika 
Schumacher, Chief Ranger, Las Vegas Field Office, Bureau of Land 
Management.

Closure Area

    Public lands affected are within the following described area: 
Township 21 Range 53 Sections 14, 15, 22, 23, 24, 25, 26, 27, 34, 35, 
36; Township 21 Range 54 Sections 21, 22, 27, 28, 29, 30 and 31, 32, 
33, 34, Township 22 Range 53 Sections 1, 2 and 12; Township 22 Range 54 
Sections 5, 6 and 7, Mount Diablo Meridian, Nevada.
    Maps Depicting the area affected by this closure order are 
available for public inspection at the Las Vegas Field Office, Bureau 
of Land Management, 4701 N. Torrey Pines Drive, Las Vegas, Nevada.

Exceptions to Closure

    a. Hunting with a valid state hunting license and in accordance 
with State laws, and
    b. Law Enforcement personnel in the performance of their duties.

Closure Restrictions

    Unless otherwise authorized, within the closure area no person 
shall:
    a. Discharge any firearm.
    b. Possess an unregistered firearm, when registration of a firearm 
is required by the State of Nevada or Nye County.
    c. Possess an illegally obtained firearm.
    d. Possess any firearm in violation of Federal, state or county 
regulations.
    e. Unless specifically addressed by regulations set forth in 43 
CFR, the laws and regulations of the State of Nevada and Nye County 
shall govern the use and possession of firearms. Such state and county 
laws and regulations, which are now or may later be in effect are 
hereby adopted and made part of this closure.

Definitions

    Firearm: Any weapon capable of firing a projectile including but 
not limited to rifle, shotgun, handgun, BB-gun, pellet gun, etc.
    This closure is issued under the authority of 43 CFR 8364.1. 
Violations of any terms, conditions, or restrictions contained in this 
closure order, may subject the violator to citation or arrest, with 
penalty of fine and imprisonment or both as specified by law.

Juan Palma,
Field Manager, Las Vegas Field Office.
[FR Doc. E7-3642 Filed 3-1-07; 8:45 am]
BILLING CODE 4310-40-P