Federal Register / Vol. 75, No. 183 / Wednesday, September 22, 2010 / Notices 57813 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[LLID9900000.L1210000.NU0000; G0–00] 

Proposed Supplementary Rules on 

Public Land, Idaho 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Proposed supplementary rules. 

SUMMARY: The Bureau of Land 

Management (BLM) Idaho State Office is 

proposing supplementary rules relating 

to the illegal use of alcohol and drugs 

on public lands in Idaho. The BLM is 

also proposing to prohibit the 

possession of an open alcoholic 

beverage container by operators or 

passengers in or on either a vehicle or 

off-highway vehicle, on public land in 

Idaho administered by the BLM. These 

supplementary rules are necessary to 

protect natural resources and the health 

and safety of public land users. These 

supplementary rules will allow BLM 

Law Enforcement personnel to continue 

enforcing existing public land 

regulations pertaining to alcohol and 

drug use in a manner consistent with 

current State of Idaho Statutes. 

DATES: You should submit your 

comments by November 22, 2010. 

Comments postmarked or received in 

person or by electronic mail after this 

date may not be considered in the 

development of the final supplementary 

rules. 

ADDRESSES: Please mail or hand-deliver 

comments to Keith McGrath, State Staff 

Law Enforcement Ranger, Bureau of 

Land Management, Idaho State Office, 

1387 S. Vinnell Way, Boise, Idaho 

83709; or e-mail comments to 

Keith_McGrath@blm.gov. 

FOR FURTHER INFORMATION CONTACT: 

Keith McGrath, Bureau of Land 

Management, (208) 373–4046, 

Keith_McGrath@blm.gov. Persons who 

use a telecommunications device for the 

deaf (TDD) may contact this individual 

by calling the Federal Information Relay 

Service (FIRS) at (800) 877–8339, 24 

hours a day, 7 days a week. 

SUPPLEMENTARY INFORMATION: 

I. Public Comment Procedures 

II. Background 

III. Other Procedural Matters 

I. Public Comment Procedures 

Written comments on the proposed 

supplementary rules should be specific 

and confined to issues pertinent to the 

proposed rule, and should explain the 

reason for any recommended change. 

Where possible, comments should 

reference the specific section or 

paragraph of the proposal that the 

commenter is addressing. The BLM is 

not obligated to consider, or include in 

the Administrative Record for the final 

supplementary rules, comments 

delivered to an address other than those 

listed above (See ADDRESSES) or 

comments that the BLM receives after 

the close of the comment period (See 

DATES), unless they are postmarked or 

electronically dated before the deadline. 

Comments, including names, street 

addresses, and other contact 

information for respondents, will be 

available for public review at the BLM 

Idaho State Office address listed in 

ADDRESSES during regular business 

hours (7:45 a.m. to 3:45 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 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 

Although two BLM Districts in the 

State of Idaho have issued rules 

mirroring the State of Idaho Statutes on 

underage possession and consumption 

of alcohol, the BLM has no statewide 

supplementary rules regarding the 

illegal possession or use of alcohol on 

public lands in Idaho. In the absence of 

specific regulations, law enforcement 

officers have regulated this illegal 

behavior under broader regulations, 

creating a lack of consistency with 

surrounding governing entities. These 

proposed supplementary rules will 

bring consistency to all BLMadministered land throughout the State 

and promote consistency between the 

BLM and other agencies, including the 

State of Idaho, County Sheriff’s Offices, 

Idaho State Police, and various Federal 

agencies where working relationships 

and partnerships exist in public land 

management. 

In keeping with the BLM’s goal to 

reduce threats to public health, safety, 

and property, these proposed 

supplementary rules are necessary to 

protect natural resources, allow for safe 

public recreation, reduce the potential 

for damage to the environment, and 

enhance the safety of visitors and 

neighboring residents. Alcohol-related 

offenses are a growing problem on the 

public lands. Unlawful consumption of 

alcohol and drugs has the potential to 

pose a significant health and safety 

hazard to all users. Operation of motor 

vehicles while under the influence of 

alcohol or drugs has been demonstrated 

to result in the destruction of natural 

resources and property, and/or serious 

physical injury or death. Vandalism to 

public land resources resulting from 

illegal alcohol and drug use and the 

clear risks to public safety demonstrate 

the need for greater regulation of these 

activities. 

For the purposes of these proposed 

supplementary rules, an alcoholic 

beverage will be any liquid or solid 

containing more than three percent of 

alcohol by weight. The BLM has chosen 

three percent alcohol by weight to 

account for 3.2 percent beer sold in 

Idaho. The State of Idaho defines an 

alcoholic beverage as a liquid or solid 

containing more than four percent of 

alcohol by weight, and addresses 

prohibition of open containers of beer in 

motor vehicles, including 3.2 percent 

beer, in a slightly different manner than 

BLM rules. The BLM has determined 

that setting the threshold at three 

percent would be the clearest way to 

account for all Idaho State prohibitions. 

Possession of drug paraphernalia has 

frequently been linked to other illegal 

uses of controlled substances including 

cultivation, manufacture, and 

possession for distribution. The BLM, in 

keeping with the mandates of the 

President’s Office of National Drug 

Control Policy 2009 National Drug 

Control Strategy, will continue its 

efforts to reduce illegal use of controlled 

substances on public lands. These 

proposed supplementary rules will 

provide for consistent application and 

enforcement of alcohol and drug 

regulations on public lands, further 

enhancing public safety by all public 

land users. 

These proposed supplementary rules 

will supersede that portion of the 

existing supplementary rule enacted in 

the BLM Idaho Falls District (67 FR 

30958) and the restriction orders (ID– 

060–20 and ID–420–05) currently in 

place for the BLM Coeur d’Alene 

District pertaining to the underage 

possession and consumption of 

alcoholic beverages and the possession 

of an open container of alcohol in a 

motor vehicle. 

III. Procedural Matters 

Executive Order 12866, Regulatory 

Planning and Review 

The 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 


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57814 Federal Register / Vol. 75, No. 183 / Wednesday, September 22, 2010 / Notices 

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 proposed 

supplementary rules will not create a 

serious inconsistency or otherwise 

interfere with an action taken or 

planned by another agency. 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. The rules govern 

conduct for public use of a limited 

selection of public lands and provide 

greater consistency with the Idaho State 

Code to protect public health and safety. 

Clarity of the Supplementary Rules 

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 

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 to your 

understanding of 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 have on the clarity of the 

proposed supplementary rules to the 

address specified in the ADDRESSES

section. 

National Environmental Policy Act 

The BLM has determined that this 

proposed supplementary rule is 

administrative in nature, and is 

therefore categorically excluded from 

environmental review under section 

102(2)(C) of NEPA, pursuant to 43 CFR 

46.205 and 46.210(c) and (i). The 

proposed supplementary rule does not 

meet any of the 12 criteria for 

exceptions to categorical exclusions 

listed at 43 CFR 46.215. Pursuant to the 

Council on Environmental Quality 

regulations (40 CFR 1508.4) and the 

environmental regulations, 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 of 1980 (RFA), 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 proposed supplementary 

rules govern the conduct of the public 

using a limited area of public lands and 

should have no effect on business 

entities of any size. Therefore, the BLM 

has determined under the RFA that 

these proposed supplementary rules 

would not have a significant economic 

impact on a substantial number of small 

entities. 

Small Business Regulatory Enforcement 

Fairness Act (SBREFA) 

These proposed supplementary rules 

do not constitute a ‘‘major rule’’ as 

defined at 5 U.S.C. 804(2). They would 

not result in an effect on the economy 

of $100 million or more, an increase in 

costs or prices, or significant adverse 

effects on competition, employment, 

investment, productivity, innovation, or 

the ability of United States-based 

enterprises to compete with foreignbased enterprises in domestic and 

export markets. These rules merely 

establish the 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 

These proposed supplementary rules 

do not impose an unfunded mandate on 

State, local, or tribal governments or the 

private sector of more than $100 million 

per year; nor do these proposed 

supplementary rules have a significant 

or unique effect on State, local, or tribal 

governments or the private sector. These 

supplementary rules have no effect on 

state, local, or tribal governments and 

do not impose any requirements on any 

of these entities. 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 proposed supplementary rules 

do not have significant takings 

implications, nor are they capable of 

interfering with constitutionally 

protected 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. 

Executive Order 13132, Federalism 

The proposed supplementary rules 

will not have a substantial direct effect 

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 do not 

conflict with any Idaho state law or 

regulation. Therefore, in accordance 

with Executive Order 13132, the BLM 

has determined that these proposed 

supplementary rules do not have 

sufficient federalism implications to 

warrant preparation of a Federalism 

Assessment. 

Executive Order 12988, Civil Justice 

Reform 

The BLM has determined that these 

proposed supplementary rules would 

not unduly burden the judicial system 

and that they meet the requirements of 

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

Order 12988. 

Executive Order 13175, Consultation 

and Coordination With Indian Tribal 

Governments 

The BLM has found that these 

supplementary rules do not include 

policies that have tribal implications. 

The supplementary rules prohibit the 

illegal use of alcoholic beverages and 

illegal drugs on public lands and do not 

involve Indian tribal rights. 

Information Quality Act 

The Information Quality Act (Section 

515 of Pub. L. 106–554) requires Federal 

agencies to maintain adequate quality, 

objectivity, utility, and integrity of the 

information that they disseminate. In 

developing these supplementary rules, 

the BLM did not conduct or use a study, 


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Federal Register / Vol. 75, No. 183 / Wednesday, September 22, 2010 / Notices 57815 

experiment, or survey or disseminate 

any information to the public. 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

These proposed supplementary rules 

do not constitute a significant energy 

action. The proposed supplementary 

rules will not have an adverse effect on 

energy supplies, production, or 

consumption, and have no connection 

with energy policy. 

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 of 

1995, 44 U.S.C. 3501 et seq. 

Author 

The principal author of this 

supplementary rule is Keith McGrath, 

State Staff Law Enforcement Ranger, 

Bureau of Land Management. 

For the reasons stated in the 

Preamble, and under the authority of 43 

CFR 8365.1–6, the Idaho State Director, 

Bureau of Land Management, issues 

supplementary rules for public lands in 

Idaho, to read as follows: 

Supplementary Rules for the State of 

Idaho 

Definitions 

Alcoholic beverage means any liquid 

or solid, patented or not, containing 

alcohol, spirits, or wine, and susceptible 

of being consumed by a human being, 

for beverage purposes, and containing 

more than 3 percent of alcohol by 

weight. 

Alcohol means the product of 

distillation of any fermented liquor, 

rectified either once or more often, 

whatever may be the origin thereof, or 

synthetic ethyl alcohol. 

Beer means any beverage obtained by 

the alcoholic fermentation of an 

infusion or decoction of barley, malt 

and/or other ingredients in drinkable 

water. 

Wine means any alcoholic beverage 

obtained by the fermentation of the 

natural sugar content of fruits (grapes, 

apples, etc.) or other agricultural 

products containing sugar (honey, milk, 

etc.). 

Vehicle means any motorized 

transportation conveyance designed and 

licensed for use on roadways, such as an 

automobile, bus, or truck, and any 

motorized conveyance originally 

equipped with safety belts. 

Off Highway Vehicle means any 

motorized vehicle capable of, or 

designed for, travel on or immediately 

over land, water, or other natural 

terrain. On public land administered by 

the BLM within the State of Idaho, you 

must not: 

A. Violate any state laws relating to 

the purchase, possession, supply, use or 

consumption of alcohol; 

B. Drink from or possess an open 

alcoholic beverage containers, including 

beer or wine containers, while operating 

or as a passenger in or on either a 

vehicle or off highway vehicle; and 

C. Possess any drug paraphernalia in 

violation of any State law. 

Penalties: On public lands under 

section 303(a) of the Federal Land 

Policy and Management Act of 1976 (43 

U.S.C. 1733(a) and 43 CFR 8360.0–7, 

any person who violates any of these 

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. Such 

violations may also be subject to 

enhanced fines provided for by 18 

U.S.C. 3571. 

Peter J. Ditton, 

Acting Idaho State Director. 

[FR Doc. 2010–23719 Filed 9–21–10; 8:45 am] 

BILLING CODE 4310–GG–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigations Nos. 731–TA–1084–1087 

(Review)] 

Purified Carboxymethylcellulose From 

Finland, Mexico, Netherlands, and 

Sweden 

AGENCY: United States International 

Trade Commission. 

ACTION: Scheduling of full five-year 

reviews concerning the antidumping 

duty orders on purified 

carboxymethylcellulose from Finland, 

Mexico, Netherlands, and Sweden. 

SUMMARY: The Commission hereby gives 

notice of the scheduling of a full review 

pursuant to section 751(c)(5) of the 

Tariff Act of 1930 (19 U.S.C. 1675(c)(5)) 

(the Act) to determine whether 

revocation of the antidumping duty 

orders on purified 

carboxymethylcellulose from Finland, 

Mexico, Netherlands, and Sweden 

would be likely to lead to continuation 

or recurrence of material injury within 

a reasonably foreseeable time. For 

further information concerning the 

conduct of this review and rules of 

general application, consult the 

Commission’s Rules of Practice and 

Procedure, part 201, subparts A through 

E (19 CFR part 201), and part 207, 

subparts A, D, E, and F (19 CFR part 

207). 

DATES: Effective Date: September 14, 

2010. 

FOR FURTHER INFORMATION CONTACT: 

Cynthia Trainor (202–205–3354), Office 

of Investigations, U.S. International 

Trade Commission, 500 E Street, SW., 

Washington, DC 20436. Hearingimpaired persons can obtain 

information on this matter by contacting 

the Commission’s TDD terminal on 202– 

205–1810. Persons with mobility 

impairments who will need special 

assistance in gaining access to the 

Commission should contact the Office 

of the Secretary at 202–205–2000. 

General information concerning the 

Commission may also be obtained by 

accessing its Internet server (http:// 

www.usitc.gov). The public record for 

these reviews may be viewed on the 

Commission’s electronic docket (EDIS) 

at http://edis.usitc.gov. 

SUPPLEMENTARY INFORMATION: 

Background.—On September 7, 2010, 

the Commission determined that 

responses to its notice of institution of 

the subject five-year reviews were such 

that full reviews pursuant to section 

751(c)(5) of the Act should proceed. A 

record of the Commissioners’ votes, the 

Commission’s statement on adequacy, 

and any individual Commissioner’s 

statements are available from the Office 

of the Secretary and at the 

Commission’s Web site. 

Participation in the reviews and 

public service list.—Persons, including 

industrial users of the subject 

merchandise and, if the merchandise is 

sold at the retail level, representative 

consumer organizations, wishing to 

participate in these reviews as parties 

must file an entry of appearance with 

the Secretary to the Commission, as 

provided in section 201.11 of the 

Commission’s rules, by 45 days after 

publication of this notice. A party that 

filed a notice of appearance following 

publication of the Commission’s notice 

of institution of the reviews need not 

file an additional notice of appearance. 

The Secretary will maintain a public 

service list containing the names and 

addresses of all persons, or their 

representatives, who are parties to the 

reviews. 

Limited disclosure of business 

proprietary information (BPI) under an 

administrative protective order (APO) 

and BPI service list.—Pursuant to 

section 207.7(a) of the Commission’s 

rules, the Secretary will make BPI 

gathered in these reviews available to 

authorized applicants under the APO 

issued in the reviews, provided that the 

application is made by 45 days after 


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