[Federal Register Volume 75, Number 183 (Wednesday, September 22, 2010)]
[Notices]
[Pages 57813-57815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-23719]



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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.

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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 
<a href="/cdn-cgi/l/email-protection#105b757964784f5d73576271647850727c7d3e777f66"><span class="__cf_email__" data-cfemail="f1ba94988599aebc92b683908599b1939d9cdf969e87">[email protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: Keith McGrath, Bureau of Land 
Management, (208) 373-4046, <a href="/cdn-cgi/l/email-protection#c08ba5a9b4a89f8da387b2a1b4a880a2acadeea7afb6"><span class="__cf_email__" data-cfemail="d49fb1bda0bc8b99b793a6b5a0bc94b6b8b9fab3bba2">[email protected]</span></a>. 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 BLM-
administered 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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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 foreign-based 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,

[[Page 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


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