Federal Register / Vol. 73, No. 186 / Wednesday, September 24, 2008 / Rules and Regulations 54977 

and paperboard, coatings, adhesives, 

and polymers). 

* * * * * 

[FR Doc. E8–21958 Filed 9–23–08; 8:45 am] 

BILLING CODE 6560–50–S 

DEPARTMENT OF THE INTERIOR 

Bureau of Reclamation 

43 CFR Part 423 

RIN 1006–AA55 

Public Conduct on Bureau of 

Reclamation Facilities, Lands, and 

Waterbodies 

AGENCY: Bureau of Reclamation, 

Interior. 

ACTION: Interim final rule. 

SUMMARY: This final rule will amend the 

regulations that govern public access to 

and conduct on Bureau of Reclamation 

(Reclamation) facilities, lands, and 

waterbodies. This action is necessary to 

clarify rules that are intended to 

maintain law and order and protect 

persons and property on Reclamation 

facilities, lands, and waterbodies. This 

action will help the public better 

understand their rights and 

responsibilities. 

DATES: This interim final rule is 

effective on September 24, 2008. 

Reclamation must receive any 

comments on this interim final 

rulemaking no later than November 24, 

2008. 

ADDRESSES: You may submit comments, 

identified by the number 1006–AA55, 

by one of the following methods: 

—Federal Rulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

This rule has been assigned Docket 

Identification Number BOR–2008– 

0003. 

—Mail: Director, Security, Safety, and 

Law Enforcement, Bureau of 

Reclamation, 6th and Kipling, 

Building 67, Denver, CO 80225. 

FOR FURTHER INFORMATION CONTACT: 

David Achterberg, Director, Security, 

Safety, and Law Enforcement, Bureau of 

Reclamation, PO Box 25007, Denver, 

Colorado 80225, telephone 303–445– 

3737. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On November 12, 2001, Congress 

enacted Public Law 107–69, which 

provides for law enforcement authority 

within Reclamation projects and on 

Reclamation lands. Section 1(a) of this 

law requires the Secretary of the Interior 

to ‘‘issue regulations necessary to 

maintain law and order and protect 

persons and property within 

Reclamation projects and on 

Reclamation lands.’’ The Secretary of 

the Interior delegated this authority to 

the Commissioner of Reclamation. 

On April 17, 2002, Reclamation 

published 43 CFR part 423, Public 

Conduct on Bureau of Reclamation 

Lands and Projects (67 FR 19092, Apr. 

17, 2002) as an interim final rule. In the 

preamble to that rule, Reclamation 

stated its intent to replace the interim 

final rule with a more comprehensive 

public conduct rule and set April 17, 

2003, as the interim final rule’s 

expiration date. In order to provide 

more time to develop the 

comprehensive public conduct rule, 

Reclamation later extended the 

expiration of the interim final rule to 

April 17, 2005 (68 FR 16214, Apr. 3, 

2003), and again to April 17, 2006 (70 

FR 15778, Mar. 29, 2005). 

On September 13, 2005, Reclamation 

published a proposed public conduct 

rule (70 FR 54214, Sep. 13, 2005) and 

asked the public to comment on that 

proposed rule. The Final Rule, 43 CFR 

Part 423, was published in the Federal 

Register on April 17, 2006 (71 FR 

19790, Apr. 17, 2006). 

Since that time, some members of the 

public and other entities have found 

certain provisions of the public conduct 

rule to be unclear. The purpose of this 

interim final rule is to amend the public 

conduct rule to clarify these provisions. 

A detailed discussion of these 

amendments follows. 

The definitions of the terms 

‘‘Disorderly conduct’’ and ‘‘Trespass’’ 

are being removed, and the language 

from those definitions is being added to 

§§ 423.22 and 423.24, respectively, 

because these are criminal acts and their 

detailed descriptions should be 

explained in the applicable sections of 

Subpart C of this rule. This change will 

facilitate reference to specific acts when 

law enforcement officers issue citations 

for disorderly conduct and trespassing. 

The definition of ‘‘Vessel’’ is being 

revised to remove the statement that 

seaplanes, when on the water, are 

considered ‘‘vessels’’ under this part. 

This change will make Reclamation 

consistent with the U.S. Coast Guard 

and the majority of western States, 

which do not consider a seaplane a 

vessel when on the water. 

A definition of the term ‘‘Closed’’ is 

being added to help resolve confusion 

concerning the use of closures under 

Subpart B as opposed to special use 

areas under Subpart E of this rule. This 

definition will clarify the distinction 

that closures are to be used only when 

all public access to a particular area or 

location is to be prohibited. When only 

a specific activity such as camping is to 

be prohibited in a certain area, but other 

public access to that area is to be 

allowed, a special use area should be 

established. 

Section 423.3(a) is being revised to 

clarify that persons on Reclamation 

facilities, lands, and waterbodies must 

comply with Federal as well as State 

and local laws. 

Section 423.3(b)(2) is being revised to 

clarify that the restrictions of part 423 

do not apply to State and local 

employees and agents when they are 

carrying out their official duties. 

In section 423.3(d), we are replacing 

the word ‘‘right’’ with ‘‘authority’’ 

because this passage refers to an 

authority which derives from Public 

Law 107–69. 

New § 423.18 is being added to 

coincide with the new definition of 

closure, and to clarify that closures are 

to be used only where all public access 

is to be prohibited in a given area. 

Section 423.21(a) is being revised to 

clarify that the public is responsible for 

awareness of all applicable laws as well 

as closures and special use areas when 

on Reclamation facilities, lands, and 

waterbodies. 

In § 423.21(b), the words ‘‘limitations, 

restrictions, closures, or special use 

areas’’ are being added to ensure public 

understanding that the government’s 

ability to issue citations must not be 

interpreted too narrowly. 

Section 423.29(b) is being revised to 

clarify that Reclamation will not issue 

permits under Subpart D of this rule to 

introduce plant or animal species into 

Reclamation lands and waterbodies. 

Governmental entities may, with proper 

authority, introduce plant or animal 

species to Reclamation lands and 

waterbodies, but these activities are not 

restricted by part 423, pursuant to 

§ 423.3(b)(3), and therefore no permits 

are needed. Furthermore, Reclamation 

has no intent to issue permits to the 

public for the introduction of plant or 

animal species. Therefore, the process of 

obtaining permits for these activities is 

inapplicable to either governmental 

entities or to the public. 

Section 423.34(c) is being reworded to 

clarify that under no circumstances can 

a latrine or toilet be placed or 

constructed at a level lower than the 

high water mark of a Reclamation 

waterbody, and to reduce the horizontal 

restriction from 200 yards to 150 feet 

from the high water mark. The 200-yard 

restriction was considered excessive. 

Sections 423.36 and 423.37 are being 

revised to clarify that posted restrictions 


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54978 Federal Register / Vol. 73, No. 186 / Wednesday, September 24, 2008 / Rules and Regulations 

and delineations on swimming and 

winter activities must be observed. 

Section 423.38(h) is being removed 

because commercial activity on 

Reclamation facilities, lands, and 

waterbodies is more appropriately 

governed by 43 CFR part 429. 

Several revisions are being made to 

§ 423.41. First, § 423.41(a) is being 

revised to clarify that part 423 is not 

intended to establish new prohibitions, 

restrictions, or allowances of aircraft 

activity on Reclamation lands or 

waterbodies. Rather, any rules 

concerning aircraft activity that were in 

place on April 17, 2006, when major 

revisions to part 423 went into effect, 

remain in effect as provided in § 423.64 

(renumbered through this rulemaking as 

§ 423.63). The revised language of 

§ 423.41(a) also clarifies the ability of 

Authorized Officials to establish special 

use areas under Subpart E of part 423 to 

allow, restrict, or prohibit aircraft. Pilots 

and others should be cautioned that this 

amendment does not have the effect of 

changing the status of any Reclamation 

lands or waterbodies with respect to the 

allowance, restriction, or disallowance 

of aircraft activity. Rather, the change is 

being made to resolve confusion that 

resulted from the existing language of 

§ 423.41(a). Pilots are still responsible 

for determining the laws, regulations, 

and local rules applicable to specific 

Reclamation lands or waterbodies before 

attempting landings or takeoffs. 

Section 423.41(e) of the existing rule 

is being removed because we have 

determined this provision is not 

necessary; any liability on behalf of 

aircraft pilots, owners, or passengers is 

dictated by State law. 

In renumbered § 423.41(e) [formerly 

§ 423.41(f)], the words ‘‘and § 423.38’’ 

are being removed to clarify that 

seaplanes are not considered vessels 

when on the water. This change 

coincides with the change to the 

definition of ‘‘vessel’’ as explained 

above. 

Section 423.41(h) of the existing rule 

is being removed because commercial 

activity on Reclamation facilities, lands, 

and waterbodies is more appropriately 

governed by 43 CFR part 429. 

Section 423.41(i) of the existing rule 

is being removed because with the 

changes being made to § 423.41(a), the 

allowable times for aircraft landings and 

takeoffs are governed by other Federal, 

State, and local laws. 

Section 423.41(j) of the existing rule 

is being removed because with the 

changes being made to § 423.41(a), the 

language of section (j) addressing 

compliance with restrictions established 

by an Authorized Official is redundant. 

Section 423.50(a) is being revised to 

coincide with the change made to 

§ 423.29(b) and the deletion of 

§ 423.38(h) discussed above, to the 

effect that permits under part 423 will 

not be issued for the introduction of 

plants and animals, or for the 

commercial operation of vessels. The 

language was also revised to clarify that 

permits may be revoked to protect the 

health, safety, and security of persons, 

Reclamation assets, or natural or 

cultural resources. 

Subpart E, Special Use Areas, is being 

revised to make several clarifications. 

First, the current provisions of § 423.62 

are being merged into § 423.60 to clarify 

that the requirements for 

‘‘determination’’ and ‘‘documentation’’ 

are not two separate activities. 

Also, the current requirement in 

§ 423.61(b) for a Federal Register notice 

in order to establish special use areas is 

being removed. Although Reclamation 

believes that in some cases, Federal 

Register notice of the establishment of, 

or changes to, special use areas may be 

desirable, that need is best determined 

through internal policy rather than a 

requirement in Federal regulations. This 

change will also make the requirements 

for establishing special use areas more 

consistent with the requirements for 

establishing closures under Subpart B of 

this rule. 

An Authorized Official’s ability to 

quickly establish a special use area 

under the current § 423.61(c) is being 

expanded to allow creation of special 

use areas with delayed notice in cases 

of safety and environmental needs, in 

addition to the existing specified 

conditions related to national, facility, 

employee, and public security. 

Section 423.61(d) is being revised to 

clarify that if the four specified 

conditions are met, advance notice of 

the designation of a special use area is 

not required. The existing language 

implied that no notice was required, but 

Reclamation believes the public should 

always be notified of the existence of 

special use areas. Note that satisfaction 

of the four conditions specified in 

§ 423.61(d) removes the requirement for 

advance notice, meaning that notice 

may occur at any time up until the time 

the special use area is designated. This 

contrasts with the conditions of 

emergency or immediate need described 

in § 423.61(c) under which notice may 

be delayed for up to 30 days after the 

special use area is designated. 

Section 423.63 (formerly § 423.64) is 

being revised to clarify that rules that 

were already in effect on April 17, 2006 

remain in effect to the extent allowed by 

Subpart A of part 423, and to the extent 

they are they are consistent with 

§ 423.28. Reclamation wants to remind 

the public that the effect of § 423.63 is 

to recognize the validity of rules that 

that were already in effect on 

Reclamation facilities, lands, and 

waterbodies on April 17, 2006, the date 

major revisions to part 423 were 

implemented. Documented allowances, 

restrictions, and/or prohibitions that 

were in effect on that date generally 

remain in effect and are generally not 

removed or superseded by the rules 

contained in Subpart C of part 423. 

Reclamation encourages all parties to 

contact us with any questions 

concerning the rules that apply on 

Reclamation facilities, lands, and 

waterbodies. 

Section 423.71(b) is being revised to 

clarify that the described sanctions 

apply to violations of closures as well as 

to the other types of violations 

described. 

While each of the individual changes 

being made to part 423 is insufficient by 

itself to justify amending the rule, the 

total number of needed changes now 

warrants this amendatory rulemaking. 

II. Determination To Make This Rule 

Effective Immediately 

Reclamation has determined that it is 

in the public interest to clarify and 

resolve the issues addressed in these 

amendments without delay. Members of 

the public have asked for a speedy 

implementation of regulations that will 

assist them to better understand their 

rights and obligations on Reclamation 

lands and waterbodies. Delay would 

result in unnecessary uncertainty. For 

these reasons, Reclamation has 

determined that for this rulemaking, 

notice and public procedure 

requirements are impractical, 

unnecessary, and contrary to the public 

interest and should be waived as 

allowed by 5 U.S.C. 553(b)(3)(B). 

Furthermore, for the reasons stated 

above, Reclamation has determined that 

good cause exists to waive the 

requirement of publication 30 days in 

advance of the effective date, as allowed 

by 5 U.S.C. 553(d)(3). 

Therefore, we are issuing these 

amendments as an interim final rule 

that will go into effect immediately. 

Following a 60-day public review 

period and our review of any public 

comments received, Reclamation 

expects to publish a final rule. 

III. Procedural Matters 

1. Regulatory Planning and Review (E.O. 

12866) 

This document is not a significant 

rule and is not subject to review by the 

Office of Management and Budget under 


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Federal Register / Vol. 73, No. 186 / Wednesday, September 24, 2008 / Rules and Regulations 54979 

Executive Order 12866. This rule makes 

only minor amendments to the existing 

43 CFR part 423 for purposes of 

clarification. 

(1) This rule will not have an 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. 

(2) This rule will not create a serious 

inconsistency or otherwise interfere 

with an action taken or planned by 

another agency. 

(3) This rule does not alter the 

budgetary effects or entitlements, grants, 

user fees, or loan programs or the rights 

or obligations of their recipients. 

(4) This rule does not raise novel legal 

or policy issues. 

2. Regulatory Flexibility Act 

The Department of the Interior 

certifies that this document will not 

have a significant economic effect on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.). This rule makes only 

minor amendments to the existing 43 

CFR part 423 for purposes of 

clarification. 

3. Small Business Regulatory 

Enforcement Fairness Act (SBREFA) 

This rule is not a major rule under 5 

U.S.C. 804(2), the Small Business 

Regulatory Enforcement Fairness Act. 

This rule makes only minor 

amendments to the existing 43 CFR part 

423 for purposes of clarification. 

The rule: 

(1) Does not have an annual effect on 

the economy of $100 million or more. 

(2) Will not cause a major increase in 

costs or prices for consumers, 

individual industries, Federal, State, or 

local government agencies, or 

geographic regions. 

(3) Does not have significant adverse 

effects on competition, employment, 

investment, productivity, innovation, or 

the ability of U.S.-based enterprises to 

compete with foreign-based enterprises. 

4. Unfunded Mandates Reform Act 

This rule does not impose an 

unfunded mandate on State, local, or 

tribal governments or the private sector 

of more than $100 million per year. This 

rule does not have a significant or 

unique effect on State, local, or tribal 

governments or the private sector. This 

rule makes only minor amendments to 

the existing 43 CFR part 423 for 

purposes of clarification. A statement 

containing the information required by 

the Unfunded Mandates Reform Act (2 

U.S.C. 1531 et seq.) is not required. 

5. Takings (E.O. 12630) 

In accordance with Executive Order 

12630, this rule does not have 

significant takings implications. This 

rule makes only minor amendments to 

the existing 43 CFR part 423 for 

purposes of clarification. A takings 

implication assessment is not required. 

6. Federalism (E.O. 13132) 

In accordance with Executive Order 

12612, this rule does not have sufficient 

federalism implications to warrant the 

preparation of a Federalism Assessment. 

This rule makes only minor 

amendments to the existing 43 CFR part 

423 for purposes of clarification. A 

Federalism Assessment is not required. 

7. Civil Justice Reform (E.O. 12988) 

In accordance with Executive Order 

12988, the Office of the Solicitor has 

determined that this rule does not 

unduly burden the judicial system and 

meets the requirements of sections 3(a) 

and 3(b)(2) of the Order. 

8. Consultation With Indian Tribes (E.O. 

13175) 

Under the criteria in Executive Order 

13175, we have evaluated this rule and 

determined that it has no potential 

effects on federally recognized Indian 

tribes. This rule recognizes tribal 

authorities, laws, and regulations but 

does not affect them. 

9. Paperwork Reduction Act 

This regulation does not require an 

information collection from 10 or more 

parties and a submission under the 

Paperwork Reduction Act is not 

required. An OMB form 83–I is not 

required. 

10. National Environmental Policy Act 

(NEPA) 

This rule does not constitute a major 

Federal action significantly affecting the 

quality of the human environment. A 

detailed statement under the National 

Environmental Policy Act of 1969 is not 

required. 

11. Information Quality Act 

In developing this rule we did not 

conduct or use a study, experiment, or 

survey requiring peer review under the 

Information Quality Act (Pub. L. 106– 

554). 

12. Effects on the Energy Supply (E.O. 

13211) 

This rule is not a significant energy 

action under the definition of Executive 

Order 13211. A Statement of Energy 

Effects is not required. 

13. Clarity of This Regulation 

We are required by E.O. 12866 and 

12988, and by the Presidential 

Memorandum of June 1, 1998, to write 

all rules in plain language. This means 

each rule we publish must: 

(a) Be logically organized; 

(b) Use the active voice to address 

readers directly; 

(c) Use clear language rather than 

jargon; 

(d) Be divided into short sections and 

sentences; and 

(e) Use lists and tables wherever 

possible. 

If you believe we have not met these 

requirements, please send comments to 

Reclamation as instructed in the 

ADDRESSES section. Please make your 

comments as specific as possible, 

referring to specific sections and how 

they could be improved. For example, 

you should tell us the numbers of the 

sections or paragraphs that are unclearly 

written, which sections or sentences are 

too long, the sections where you believe 

lists or tables would be useful, etc. 

14. Public Availability of Comments 

Before including your name, 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. 

List of Subjects in 43 CFR Part 423 

Law enforcement, Public conduct, 

Reclamation lands, and Reclamation 

projects. 

Dated: September 10, 2008. 

Timothy R. Petty, 

Acting Assistant Secretary for Water and 

Science. 

■ For the reasons stated in the preamble, 

Reclamation amends 43 CFR part 423 as 

follows: 

PART 423—PUBLIC CONDUCT ON 

BUREAU OF RECLAMATION 

FACILITIES, LANDS, AND 

WATERBODIES 

■ 1. The authority citation for part 423 

continues to read as follows: 

Authority: Public Law 107–69 (November 

12, 2001) (Law Enforcement Authority) (43 

U.S.C. 373b and 373c); Public Law 102–575, 

Title XXVIII (October 30, 1992) (16 U.S.C. 

460l–31 through 34); Public Law 89–72 (July 

9, 1965) (16 U.S.C. 460l–12); Public Law 

106–206 (May 26, 2000) (16 U.S.C. 460l–6d); 

Public Law 59–209 (June 8, 1906) (16 U.S.C. 


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54980 Federal Register / Vol. 73, No. 186 / Wednesday, September 24, 2008 / Rules and Regulations 

431–433); Public Law 96–95 (October 31, 

1979) (16 U.S.C. 470aa–mm). 

■ 2. Amend § 423.2 as follows: 

■ a. Remove the definitions of 

‘‘Disorderly conduct’’ and ‘‘Trespass.’’ 

■ b. Remove from the definition of 

‘‘Vessel’’ the words ‘‘A seaplane on 

Reclamation waters is considered a 

vessel for the purposes of § 423.38 of 

this part.’’ 

■ c. Add the definition of ‘‘Closed’’ in 

alphabetical order, to read as follows: 

§ 423.2 Definitions of terms used in this 

part. 

* * * * * 

‘‘Closed means a prohibition to all 

public access.’’ 

* * * * * 

■ 3. Amend § 423.3 by revising 

paragraphs (a) introductory text, (b)(2), 

and the last sentence of paragraph (d) to 

read as follows: 

§ 423.3 When does this part apply? 

(a) This part and all applicable 

Federal, State, and local laws apply to 

all persons on Reclamation facilities, 

lands, and waterbodies, with the 

following exceptions: 

* * * * * 

(b) * * * 

(1) * * * 

(2) An employee or agent of the 

Federal, State, or local government 

when the employee or agent is carrying 

out official duties; or 

* * * * * 

(d) * * * However, Reclamation 

retains the authority to take necessary 

actions to safeguard the security and 

safety of the public and such 

Reclamation facilities, lands and 

waterbodies. 

* * * * * 

■ 4. Add § 423.18 to read as follows: 

§ 423.18 Use of closures. 

Closures are to be used only where all 

public access is to be prohibited. 

Special use areas are to be used to 

restrict specific activities as set forth in 

Subpart E of this part 423. 

■ 5. Amend § 423.21 by revising 

paragraphs (a) and (b) to read as follows: 

§ 423.21 Responsibilities. 

(a) You are responsible for finding, 

being aware of, and obeying all 

applicable laws and regulations, as well 

as notices and postings of closed and 

special use areas established by an 

authorized official under Subpart B and 

Subpart E of this part 423. 

(b) You are responsible for the use of 

any device, vehicle, vessel, or aircraft 

you own, lease, or operate on 

Reclamation facilities, lands, or 

waterbodies. You may be issued a 

citation for a violation of regulations, 

including non-compliance with 

limitations, restrictions, closures, or 

special use areas applicable to the use 

of any device, vehicle, vessel, or aircraft 

as provided in this part as the owner, 

lessee, or operator. 

* * * * * 

■ 6. Amend § 423.22 by revising 

paragraph (e) to read as follows: 

§ 423.22 Interference with agency 

functions and disorderly conduct. 

* * * * * 

(e) The following acts constitute 

disorderly conduct and are prohibited: 

(1) Fighting, or threatening or violent 

behavior; 

(2) Language, utterance, gesture, 

display, or act that is obscene, 

physically threatening or menacing, or 

that is likely to inflict injury or incite an 

immediate breach of the peace; 

(3) Unreasonable noise, considering 

the nature and purpose of the person’s 

conduct, location, time of day or night, 

and other factors that would govern the 

conduct of a reasonably prudent person 

under the circumstances; 

(4) Creating or maintaining a 

hazardous or physically offensive 

condition; or 

(5) Any other act or activity that may 

cause or create public alarm, nuisance, 

or bodily harm. 

■ 7. Revise § 423.24 to read as follows: 

§ 423.24 Trespassing. 

You must not trespass on Reclamation 

facilities, lands, and waterbodies. 

Trespass includes any of the following 

acts: 

(a) Unauthorized possession or 

occupancy of Reclamation facilities, 

lands, or waterbodies; 

(b) Personal entry, presence, or 

occupancy on or in any portion or area 

of Reclamation facilities, lands, or 

waterbodies that have been closed to 

public use pursuant to Subpart B of this 

part 423; 

(c) Unauthorized extraction or 

disturbance of natural or cultural 

resources located on Reclamation 

facilities, lands, or waterbodies; 

(d) Unauthorized conduct of 

commercial activities on Reclamation 

facilities, lands, or waterbodies; 

(e) Holding unauthorized public 

gatherings on Reclamation facilities, 

lands, or waterbodies; or 

(f) Unauthorized dumping or 

abandonment of personal property on 

Reclamation facilities, lands, or 

waterbodies. 

§ 423.29 [Amended] 

■ 8. In § 423.29(b) remove the words 

‘‘without a permit issued pursuant to 

Subpart D of this part 423’’. 

■ 9. Amend § 423.34 by revising 

paragraph (c) to read as follows: 

§ 423.34 Sanitation. 

* * * * * 

(c) You must not place or construct a 

toilet or latrine such that its lowest 

point is lower than the high water mark 

of any Reclamation waterbody, or 

within 150 feet horizontally of the high 

water mark of any Reclamation 

waterbody. 

■ 10. Amend § 423.36 by revising 

paragraphs (a)(3) and (a)(4) and by 

adding a new paragraph (a)(5) to read as 

follows: 

§ 423.36 Swimming. 

(a) * * * 

(3) In canals, laterals, siphons, 

tunnels, and drainage works; 

(4) At public docks, launching sites, 

and designated mooring areas; or 

(5) As otherwise delineated by signs 

or other markers. 

* * * * * 

■ 11. Amend § 423.37 by adding 

paragraph (c) to read as follows: 

§ 423.37 Winter activities. 

* * * * * 

(c) You must comply with all other 

posted restrictions. 

§ 423.38 [Amended] 

■ 12. Amend § 423.38 by removing 

paragraph (h) and redesignate 

paragraphs (i) through (l) as (h) through 

(k), respectively. 

■ 13. Revise § 423.41 to read as follows: 

§ 423.41 Aircraft. 

(a) You must comply with any 

applicable Federal, State, and local 

laws, and with any additional 

requirements or restrictions established 

by an authorized official in a special use 

area under Subpart E of this part 423, 

with respect to aircraft landings, 

takeoffs, and operation on or in the 

proximity of Reclamation facilities, 

lands, and waterbodies. Pilots are 

responsible for awareness of all 

applicable laws, regulations, 

requirements, and restrictions. This 

paragraph does not apply to pilots 

engaged in emergency rescue or in the 

official business of Federal, State, or 

local governments or law enforcement 

agencies, or who are forced to land due 

to circumstances beyond the pilot’s 

control. 

(b) You must not operate any aircraft 

while on or above Reclamation 


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facilities, lands, and waterbodies in a 

careless, negligent, or reckless manner 

so as to endanger any person, property, 

or natural feature. 

(c) This section does not provide 

authority to deviate from Federal or 

state regulations, or prescribed 

standards, including, but not limited to, 

regulations and standards concerning 

pilot certifications or ratings and 

airspace requirements. 

(d) Except in extreme emergencies 

threatening human life or serious 

property loss, you must not use nonstandard boarding and loading 

procedures to deliver or retrieve people, 

material, or equipment by parachute, 

balloon, helicopter, or other aircraft. 

(e) You must comply with all 

applicable U.S. Coast Guard rules when 

operating a seaplane on Reclamation 

waterbodies. 

(f) You must securely moor any 

seaplane remaining on Reclamation 

waterbodies in excess of 24 hours at 

mooring facilities and locations 

designated by an authorized official. 

Seaplanes may be moored for periods of 

less than 24 hours on Reclamation 

waterbodies, except in special use areas 

otherwise designated by an authorized 

official, provided: 

(1) The mooring is safe, secure, and 

accomplished so as not to damage the 

rights of the Government or the safety of 

persons; and 

(2) The operator remains in the 

vicinity of the seaplane and reasonably 

available to relocate the seaplane if 

necessary. 

(g) You must not operate model 

aircraft except as allowed in special use 

areas established by an authorized 

official under subpart E of this part 423. 

■ 14. Amend § 423.50 by revising 

paragraph (a) to read as follows: 

§ 423.50 How can I obtain permission for 

prohibited or restricted uses and activities? 

(a) Authorized officials may issue 

permits to authorize activities on 

Reclamation facilities, lands, or 

waterbodies otherwise prohibited or 

restricted by §§ 423.16(a)(3), 423.26, 

423.27, 423.29(f), 423.30(c), 423.33(d), 

and 423.35(d)(1), and may terminate or 

revoke such permits for non-use, noncompliance with the terms of the 

permit, violation of any applicable law, 

or to protect the health, safety, or 

security of persons, Reclamation assets, 

or natural or cultural resources. 

* * * * * 

■ 15. Amend § 423.60 by adding 

paragraph (c) to read as follows: 

§ 423.60 How special use areas are 

designated. 

* * * * * 

(c) An authorized official establishing 

a special use area must document in 

writing the determination described in 

paragraph (b) of this section. Such 

documentation must occur before the 

action, except in emergencies or 

situations of immediate need as 

described in § 423.61(c), in which case 

the documentation is required within 30 

days after the date of the action. 

Reclamation will make documents 

produced under this section available to 

the public upon request except where 

such disclosure could compromise 

national or facility security, or human 

safety. 

■ 16. Amend § 423.61 by revising 

paragraph (b) introductory text, 

paragraphs (c)(1) and (c)(3), and 

paragraph (d) introductory text to read 

as follows: 

§ 423.61 Notifying the public of special use 

areas. 

* * * * * 

(b) How notice must be made. 

Reclamation must notify the public at 

least 15 days before the action takes 

place by one or more of the following 

methods: 

* * * * * 

(c) * * * 

(1) Notice under this section may be 

delayed in an emergency or situation of 

immediate need where delaying 

designation, revision, or termination of 

a special use area would result in 

significant risk to: 

(i) National security; 

(ii) The safety or security of a 

Reclamation facility, Reclamation 

employees, or the public; or 

(iii) The natural or cultural 

environment. 

(2) * * * 

(3) Failure to meet the notice 

deadlines in paragraphs (b) or (c)(2) of 

this section will not invalidate an 

action, so long as Reclamation meets the 

remaining notification requirements of 

this section. 

(d) When advance notice is not 

required. Advance notice as described 

in paragraph (b) of this section is not 

required if all the following conditions 

are met: 

* * * * * 

■ 17. Remove § 423.62. 

■ 18. Redesignate § 423.63 and § 423.64 

as § 423.62 and § 423.63, respectively. 

■ 19. Revise § 423.63 to read as follows: 

§ 423.63 Existing special use areas. 

Areas where rules were in effect on 

April 17, 2006 that differ from the rules 

set forth in Subpart C are considered 

existing special use areas, and such 

differing rules remain in effect to the 

extent allowed by Subpart A, and to the 

extent they are consistent with § 423.28. 

For those existing special use areas, 

compliance with §§ 423.60 through 

423.62 is not required until the rules 

applicable in those special use areas are 

modified or terminated. 

■ 20. Amend § 423.71 by revising 

paragraph (b) to read as follows: 

§ 423.71 Sanctions. 

* * * * * 

(b) Any condition, limitation, closure, 

prohibition on uses or activities, or 

public use limits, imposed under this 

part 423. 

[FR Doc. E8–22423 Filed 9–23–08; 8:45 am] 

BILLING CODE 4310–MN–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 594 

[Docket No. NHTSA 2008–0114; Notice 2] 

RIN 2127–AK33 

Schedule of Fees Authorized by 49 

U.S.C. 30141 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation. 

ACTION: Final rule. 

SUMMARY: This document adopts fees for 

Fiscal Year 2009 and until further 

notice, as authorized by 49 U.S.C. 

30141, relating to the registration of 

importers and the importation of motor 

vehicles not certified as conforming to 

the Federal motor vehicle safety 

standards (FMVSS). These fees are 

needed to maintain the registered 

importer (RI) program. 

We are increasing the fees for the 

registration of a new RI from $677 to 

$760 and the annual fee for renewing an 

existing registration from $570 to $651. 

These fees include the costs of 

maintaining the RI program. The fee 

required to reimburse Customs for 

conformance bond processing costs will 

increase from $9.77 to $10.23 per bond. 

We are decreasing the fees to be 

collected from the importer of each 

vehicle covered by an import eligibility 

decision made on an individual make, 

model, and model year basis. For 

vehicles determined eligible based on 

their substantial similarity to a U.S. 

certified vehicle, the fee will decrease 

from $208 to $198. For vehicles 

determined eligible based on their 

capability of being modified to comply 

with all applicable FMVSS, the fee will 


rwilkins on PROD1PC63 with RULES