Federal Register / Vol. 73, No. 201 / Thursday, October 16, 2008 / Notices 61437 

comments should be specific and 

explain the reason for any 

recommendation. The BLM appreciates 

any and all comments, but those most 

useful and likely to influence decisions 

on management and protection of wild 

horses and burros are those that are 

either supported by quantitative 

information or studies or those that 

include citations to and analysis of 

applicable laws and regulations. Except 

for comments provided in electronic 

format, speakers should submit two 

copies of their written comments where 

feasible. The BLM will not necessarily 

consider comments received after the 

time indicated under the DATES section 

or at locations other than that listed in 

the ADDRESSES section. 

In the event there is a request under 

the Freedom of Information Act (FOIA) 

for a copy of your comments, the BLM 

will make them available in their 

entirety, including your name and 

address. 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. The BLM will release all 

submissions from organizations or 

businesses, and from individuals 

identifying themselves as 

representatives or officials of 

organizations or businesses, in their 

entirety, including names and 

addresses. 

Electronic Access and Filing Address 

Speakers may transmit comments 

electronically via the Internet to: 

ramona_delorme@blm.gov. Please 

include the identifier ‘‘WH&B’’ in the 

subject of your message and your name 

and address in the body of your 

message. 

Dated: October 9, 2008. 

Edwin L. Roberson, 

Assistant Director, Renewable Resources and 

Planning. 

[FR Doc. E8–24631 Filed 10–15–08; 8:45 am] 

BILLING CODE 4310–84–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[LLAZG01000 L12320000 AL0000 

LVRDAZ020000] 

Proposed Supplementary Rules for the 

Hot Well Dunes Recreation Area, 

Public Lands Administered by the 

Bureau of Land Management Gila 

District and Safford Field Office, 

Graham County, AZ 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Proposed Supplementary Rules. 

SUMMARY: The Bureau of Land 

Management (BLM) is proposing new 

supplementary rules for the Hot Well 

Dunes (HWD) Recreation Area, public 

lands managed by the Gila District and 

Safford Field Office in Graham County, 

Arizona. The rules relate to the health 

and safety of public land users and 

protection of natural resources. These 

supplementary rules will be enforced by 

BLM law enforcement rangers within 

the HWD Recreation Area. 

Proposed rules address vehicle rider 

capacity, clinging to or being towed by 

a vehicle, safety flags, vehicle use, 

public nudity, firearms, pets, speed 

limit, camping, waste disposal, and 

length of stay. All current 

supplementary rules will be rescinded 

and replaced by these revised rules for 

the HWD Recreation Area. 

DATES: We invite comments until 

December 15, 2008. In developing final 

rules, the BLM may not consider 

comments postmarked or received after 

this date. 

ADDRESSES: Written comments may be 

sent to the following address via regular 

mail or other delivery service: Bureau of 

Land Management, Safford Field Office, 

711 14th Avenue, Safford, Arizona 

85546. Comments may also be 

submitted via e-mail to 

Larry_Ramirez@blm.gov or faxed to 

928–348–4450. You may access the 

Federal eRulemaking Portal at http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Scott Cooke, Field Manager, or Larry 

Ramirez, Law Enforcement Ranger, 

Bureau of Land Management, Safford 

Field Office, 711 14th Avenue, Safford, 

Arizona 85546, telephone 928–348– 

4400. 

SUPPLEMENTARY INFORMATION: 

I. Comment Procedures 

II. Background and Purpose 

III. Discussion of Supplementary Rules 

IV. Procedural Matters 

I. Comment Procedures 

Written comments on the proposed 

supplementary rules should be specific, 

confined to issues pertinent to the 

proposed 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. You may also 

access and comment on the proposed 

supplementary rules at the Federal 

eRulemaking Portal by following the 

instructions at that site (see ADDRESSES). 

The BLM need not consider or include 

in the Administrative Record for the 

final supplementary rules: (a) 

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 (b) comments delivered to an address 

other than those listed above (see 

ADDRESSES). 

Before including your address, phone 

number, e-mail address, or other 

personal identifying information in your 

comment, be advised that your entire 

comment—including your personal 

identifying information—may be made 

publicly available at the Safford Field 

Office, 711 14th Avenue, Safford, 

Arizona 85546, during regular business 

hours (8 a.m. to 4 p.m.), Monday 

through Friday, except Federal holidays. 

While you can ask us in your comment 

to withhold from public review your 

personal identifying information, we 

cannot guarantee that we will be able to 

do so. The 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 

These proposed supplementary rules 

apply to the designated HWD Recreation 

Area, public lands administered by the 

Gila District and Safford Field Office. 

Due to increases in visitation at the 

HWD, the nature of the terrain and 

vegetation, and the types of vehicles in 

use, the following rules are proposed to 

reduce threats to public health, safety, 

and property. 

These supplementary rules will allow 

the BLM to increase law enforcement 

efforts that will help mitigate damage to 

natural resources and provide for public 

health and safe public recreation. 

III. Discussion of Supplementary Rules 

The Gila District/Safford Field Office 

proposes to rescind all prior 

supplementary rules for the HWD 
61438 Federal Register / Vol. 73, No. 201 / Thursday, October 16, 2008 / Notices 

Recreation Area and issue these new 

supplementary rules under the Federal 

Land Policy and Management Act 

(FLPMA), Title 43 U.S.C. 1740 and Title 

43 CFR 8365.1–6. The supplementary 

rules set forth requirements and 

prohibited acts that are applicable 

within the HWD Recreation Area, 

Graham County, Arizona. 

IV. Procedural Matters 

The principal author of the proposed 

supplementary rules is Larry Ramirez, 

Gila District/Safford Field Office Law 

Enforcement Ranger for the Bureau of 

Land Management. 

Executive Order 12866, Regulatory 

Planning and Review 

These proposed 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 proposed 

supplementary rules will not have an 

annual effect of $100 million or more on 

the economy. They are not intended to 

affect commercial activity, but impose 

rules of conduct on recreational visitors 

for health protection reasons in a 

limited area of the public lands. The 

supplementary rules will not adversely 

affect, in a material way, the economy, 

productivity, competition, jobs, 

environment, public health or safety, or 

State, local, or tribal governments or 

communities. The proposed 

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 

strive to protect human health, safety, 

and the environment. 

Clarity of the Proposed 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 proposed supplementary rules 

easier to understand, including answers 

to questions such as the following: 

(1) Are the requirements in the 

proposed supplementary rules clearly 

stated? 

(2) Do the proposed supplementary 

rules contain technical language or 

jargon that interferes with their clarity? 

(3) Does the format of the proposed 

supplementary rules (grouping and 

order of sections, use of headings, 

paragraphing, etc.) aid or reduce their 

clarity? 

(4) Would the proposed 

supplementary rules be easier to 

understand if they were divided into 

more (but shorter) sections? 

(5) Is the description of the proposed 

supplementary rules in the 

SUPPLEMENTARY INFORMATION section of 

this preamble helpful in understanding 

the proposed supplementary rules? How 

could this description be more helpful 

in making the proposed supplementary 

rules easier to understand? 

Please send any comments you may 

have on the clarity of the proposed 

supplementary rules to one of the 

addresses specified in the ADDRESSES

section. 

National Environmental Policy Act 

The proposed 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, Title 42 U.S.C. 

4332(2)(C). This conclusion is set forth 

in a Finding of No Significant Impact 

signed by the Field Manager and 

supported by an Environmental 

Assessment. 

Regulatory Flexibility Act 

Congress enacted the Regulatory 

Flexibility Act (RFA) of 1980, as 

amended, Title 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 proposed supplementary 

rules do not have a significant economic 

impact on entities of any size, but 

provide for the protection of persons, 

property, and resources on specific 

public lands. Therefore, the BLM has 

determined under the RFA that the 

proposed supplementary rules would 

not have a significant economic impact 

on a substantial number of small 

entities. 

Small Business Regulatory Enforcement 

Fairness Act 

These proposed supplementary rules 

do not constitute a ‘‘major rule’’ as 

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

proposed supplementary rules merely 

contain rules of conduct for recreational 

use of certain public lands. The 

proposed supplementary rules would 

have little or no effect on the economy. 

Unfunded Mandates Reform Act 

The proposed 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 would 

they have a significant or unique effect 

on small governments. These proposed 

supplementary rules do not require 

anything of State, local, or tribal 

governments. Therefore, the BLM is not 

required to prepare a statement 

containing the information required by 

section 202 of the Unfunded Mandates 

Reform Act (Title 2 U.S.C. 1532). 

Executive Order 12630, Governmental 

Actions and Interference With 

Constitutionally Protected Property 

Rights (Takings) 

The proposed supplementary rules 

are not a government action capable of 

interfering with constitutionally 

protected property rights. The proposed 

supplementary rules do not address 

property rights or cause the impairment 

of anybody’s property rights. Therefore, 

the BLM has determined that these 

proposed 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 proposed supplementary rules 

will not have substantial direct effects 

on the States, on the relationship 

between the Federal Government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. The 

proposed supplementary rules apply to 

a limited area of land in only one State, 

Arizona. Therefore, the BLM has 

determined that the proposed 

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, we 

have determined that the proposed 

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 contain rules of 

conduct for recreational use of certain 

public lands 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 

proposed supplementary rules do not 

include policies that have tribal 

implications. The proposed 

supplementary rules do not affect lands 

held for the benefit of Indians, Aleuts, 

or Eskimos. 
Federal Register / Vol. 73, No. 201 / Thursday, October 16, 2008 / Notices 61439 

Paperwork Reduction Act 

These proposed supplementary rules 

do not contain information collection 

requirements that the Office of 

Management and Budget must approve 

under the Paperwork Reduction Act, 

Title 44 U.S.C. 3501 et seq. 

Supplementary Rules for the Hot Well 

Dunes Recreation Area, Graham 

County, Arizona 

1. Vehicle Rider Capacity 

A person operating an off-road vehicle 

within the HWD Recreation Area shall 

ride only on the permanent, regular seat 

attached to the off-road vehicle. The 

operator of an off-road vehicle shall not 

carry any additional person(s) on an offroad vehicle unless the vehicle is 

designed and manufactured to carry 

such additional person(s). No person 

shall ride an off-road vehicle unless the 

vehicle is designed and manufactured to 

carry that person. 

2. Clinging to or Being Towed by a 

Vehicle 

No person operating an off-road 

vehicle within the HWD Recreation 

Area shall attach the off-road vehicle to 

any object or person and tow such 

object or person. No person shall cling 

to, or be towed by, an off-road vehicle. 

3. Safety Flags 

Safety flags are required on all offroad vehicles used within the HWD 

Recreation Area. An exception to this 

requirement is made for Recreation 

Vehicles (RVs), Sport Utility Vehicles 

(SUVs), pickup trucks, and passenger 

sedans. Safety flags must be brilliant 

orange or red in color, and at least six 

(6) inches by 12 inches in size. Masts 

must be securely mounted on the offroad vehicle and extend eight (8) feet 

from the ground to the mast tip. Safety 

flags must be firmly attached to the top 

portion of a mast. 

4. Vehicle Use 

No off-road vehicle within the HWD 

Recreation Area will be allowed within 

areas enclosed by the metal, tube 

railings there or where signed as 

prohibited. 

5. Nudity 

Public nudity within the HWD 

Recreation Area and, in particular, in 

the hot tubs there, is prohibited. 

6. Firearms and Archery 

Archery and the discharge of firearms 

or other weapons, including pneumatic 

and spring-loaded BB guns and pellet 

guns, are prohibited within the HWD 

Recreation Area. 

7. Pets 

Pets must be leashed or otherwise 

physically restricted at all times within 

the HWD Recreation Area. 

8. Speed Limit 

The speed limit for off-road vehicles 

within the HWD Recreation Area is 10 

miles per hour on the main access road 

and within 50 feet on either side of the 

main access road. The speed limit is 

also 10 miles per hour within 50 feet of 

a campsite or any concentration of three 

(3) or more people. Operating an offroad vehicle above this speed is 

prohibited. 

9. Camping 

Camping within the HWD Recreation 

Area is not allowed within the 

designated parking area; within areas 

enclosed by metal, tube railings; or 

where signed as prohibited. 

10. Waste Disposal 

Dumping of sewage or gray water is 

prohibited within the HWD Recreation 

Area. 

11. Length of Stay 

To ensure that everyone has an 

opportunity to enjoy the area, camping 

is limited to 14 days within any 28-day 

period. 

Penalties 

Under the Federal Land Policy and 

Management Act of 1976 (Title 43 

U.S.C. 1733(a)), 43 CFR 8365.1–6, and 

43 CFR 8360.0–7, persons who violate 

any of these supplementary rules are 

subject to arrest and, upon conviction, 

may be fined up to $1,000 and/or 

imprisoned for not more than 12 

months, and may be subject to the 

enhanced penalties under Title 18 

U.S.C. 3571. 

Dated: October 8, 2008. 

Helen M. Hankins, 

Acting Arizona State Director. 

[FR Doc. E8–24580 Filed 10–15–08; 8:45 am] 

BILLING CODE 4310–32–P 

DEPARTMENT OF THE INTERIOR 

National Park Service 

Notice of Availability of an 

Environmental Assessment on a 

Proposed Transfer of Jurisdiction of a 

Portion of Fort Dupont Park, 

Washington, DC 

AGENCY: National Park Service, 

Department of the Interior. 

ACTION: Notice of Availability of an 

Environmental Assessment for the 

transfer of jurisdiction to the District of 

Columbia of a portion of Fort Dupont 

Park. 

SUMMARY: In accordance with Sec. 

102(2)(C) of the National Environmental 

Policy Act, 42 U.S.C. 4321 et seq., 

(NEPA), and the National Park Service’s 

Director’s Order 12: Conservation 

Planning, Environmental Impact 

Analysis, and Decision-making, the 

National Park Service (NPS) has 

prepared an Environmental Assessment 

(EA) for transferring jurisdiction of a 

portion of NPS property within Fort 

Dupont Park, one of the Fort Circle 

Parks, to the District of Columbia 

(District) for recreational development 

and uses, and resulting in the possible 

amendment of the NPS’ 2004 Final 

Management Plan for Fort Circle Parks 

(Management Plan). 

DATES: Public comment on the EA will 

be accepted until November 17, 2008. 

ADDRESSES: Comments may be 

submitted through the Planning, 

Environment and Public Comment 

(PEPC) Web site at http:// 

parkplanning.nps.gov/NACE or by mail 

to: Superintendent, National Capital 

Parks-East, RE: Fort Dupont Park Land 

Transfer Proposal, 1900 Anacostia 

Drive, SE., Washington, DC 20020. 

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. 

FOR FURTHER INFORMATION CONTACT: 

Gayle Hazelwood, Superintendent, 

National Capital Parks-East, RE: Fort 

Dupont Park Land Transfer Proposal, at 

1900 Anacostia Drive, SE., Washington, 

DC 20020 or by telephone at (202) 690– 

5127, or by e-mail at 

gayle_hazelwood@nps.gov. 

SUPPLEMENTARY INFORMATION: The NPS 

is considering transferring jurisdiction 

to the District over a 15-acre parcel at 

one end of Fort Dupont Park (the Project 

Area), that is currently used for 

recreational purposes. The transfer 

would facilitate the development of new 

recreational facilities and programs in 

the Project Area by the District, 

including a proposal to create a baseball 

academy for area youth and another to 

expand an existing indoor ice skating 

arena. The District’s proposal would 

involve the help of private-sector 

partners. If the decision is made to go 

forward with this transfer, it would