[Federal Register Volume 74, Number 130 (Thursday, July 9, 2009)]
[Notices]
[Pages 32949-32951]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16140]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLAZ410-09.L12320000.AL0000.LVRDAZ020000.241A]


Final 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: Final supplementary rules.

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SUMMARY: The Bureau of Land Management (BLM) is issuing new 
supplementary rules for the Hot Well Dunes (HWD) Recreation Area, which 
is located in Graham County, Arizona, and is managed by the Gila 
District and Safford Field Office. The 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 for the 
HWD Recreation Area are rescinded and replaced by these revised rules.

DATES: These rules will become effective August 10, 2009.

ADDRESSES: Bureau of Land Management, Safford Field Office, 711 14th 
Avenue, Safford, Arizona 85546.

FOR FURTHER INFORMATION CONTACT: Larry Ramirez, Law Enforcement Ranger, 
at the above address, telephone 928-348-4400, or <a href="/cdn-cgi/l/email-protection#a3efc2d1d1dafcf1c2cecad1c6d9e3c1cfce8dc4ccd5"><span class="__cf_email__" data-cfemail="84c8e5f6f6fddbd6e5e9edf6e1fec4e6e8e9aae3ebf2">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Background and Purpose
II. Public Comment
III. Discussion of Supplementary Rules
IV. Procedural Matters

I. Background and Purpose

    The Hot Well Dunes Recreation Area is an off-highway vehicle (OHV) 
play

[[Page 32950]]

area in southeastern Arizona that is managed by the BLM Safford Field 
Office.
    Due to increases in visitation at the HWD and the types of vehicles 
in use, in light of the nature of the terrain and vegetation, the BLM 
proposed new supplementary rules to reduce threats to public health, 
safety, and property. The proposal was published in the Federal 
Register on October 16, 2008, with a 60-day public comment period that 
ended December 15, 2008 (see 73 FR 61437).
    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.

II. Public Comment

    The 60-day public comment period closed December 15, 2008. The BLM 
received three comments. The first comment thanked the BLM for keeping 
the area open but asked the BLM to include a helmet requirement for 
riders less than 18 years of age. That requirement was not made part of 
the supplementary rules because it is part of Arizona Senate Bill 1167 
that was passed by the Legislature, signed by the Governor, and became 
effective on January 1, 2009. The BLM will enforce the State 
requirement within the HWD, but will not include it in these 
supplementary rules in order to avoid redundancy.
    The second comment commended the BLM on the proposed supplementary 
rules but expressed concern that there are not enough BLM law 
enforcement rangers to enforce them. That comment is not within the 
scope of the supplementary rules as it is a budget and staffing issue. 
The second comment also expressed a concern about people using shampoo 
in the hot tubs. BLM rangers already have the authority to cite 
recreation users for pollution or contamination of the water; this is 
covered by Title 43 Code of Federal Regulations (CFR) Part 8365.1-1. 
Therefore, a new supplementary rule addressing this problem is 
unnecessary.
    The third comment related to vehicle rider capacity. The commenter 
was concerned that not allowing additional riders on all-terrain 
vehicles would prevent parents and grandparents from giving young 
children rides. He suggested amending the rule to allow double riding 
as long as the driver was at least 21 years old and the child was 6 
years old or younger. We are not going to adopt this suggestion, in 
view of the purpose of enhancing public safety at the HWD. Children 
riding tandem with an adult can be injured, especially during busy 
times of the year and in areas where visibility is limited. 
Additionally there are hundreds of backcountry roads in the Safford 
Field Office where this restriction is not in place.

III. Discussion of Supplementary Rules

    The BLM Gila District/Safford Field Office replaces all prior 
supplementary rules for the HWD Recreation Area with the new 
supplementary rules. This action falls within the Federal Land Policy 
and Management Act (FLPMA), Title 43 United States Code (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 BLM's 
Hot Well Dunes Recreation Area, Graham County, Arizona.

IV. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    These supplementary rules do not comprise a significant regulatory 
action and are not subject to review by the Office of Management and 
Budget under Executive Order 12866. The supplementary rules will not 
have an annual effect of $100 million or more on the economy. They 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. They will not create a 
serious inconsistency or otherwise interfere with an action taken or 
planned by another agency. They do not materially alter the budgetary 
effects of entitlements, grants, user fees, or loan programs or the 
rights or obligations of their recipients, nor do they raise novel 
legal or policy issues. They merely impose rules of conduct on 
recreational visitors for health and safety reasons in a limited area 
of the public lands.

Clarity of the Supplementary Rules

    Executive Order 12866 requires each agency to write regulations 
that are simple and easy to understand. No public comments were 
received that questioned the clarity of the supplementary rules' 
language.

National Environmental Policy Act

    The 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). The Safford Field Office completed an 
Environmental Assessment of the rules (AZ-410-2008-0039). A Finding of 
No Significant Impact (FONSI) and Decision Record were signed by Acting 
Safford Field Manager Jeff Wilbanks on June 1, 2008.

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 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 
supplementary rules will not have a significant economic impact on a 
substantial number of small entities.

Small Business Regulatory Enforcement Fairness Act

    These supplementary rules do not constitute a major rule as defined 
at Title 5 U.S.C. 804(2). They merely contain rules of conduct for 
recreational use of certain public lands. The supplementary rules will 
have little or no effect on the economy.

Unfunded Mandates Reform Act

    The 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 will they have a significant or 
unique effect on small governments. These 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 supplementary rules are not a government action capable of 
interfering with constitutionally protected property rights. The 
supplementary rules do not address property rights or cause the 
impairment of anybody's property rights. Therefore, the BLM has 
determined that these supplementary rules will not cause a ``taking'' 
of private property or require further discussion of ``takings'' 
implications under this Executive Order.

[[Page 32951]]

Executive Order 13132, Federalism

    The 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 supplementary rules apply to a 
limited area of land in only one State, Arizona. Therefore, the BLM 
determined that the 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, the BLM has determined that the 
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 found that these 
supplementary rules do not include policies that have Tribal 
implications. The rules do not affect lands held for the benefit of 
Indians, Aleuts, or Eskimos.

Paperwork Reduction Act

    These 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.

Author

    The principal author of the supplementary rules is Larry Ramirez, 
Law Enforcement Ranger for the BLM Gila District/Safford Field Office.

Supplementary Rules for the Hot Well Dunes Recreation Area, Graham 
County, Arizona

    Under the Federal Land Policy and Management Act of 1976 (FLPMA), 
Title 43 U.S.C. 1740, and Title 43 Code of Federal Regulations (CFR) 
8365.1-6, the Bureau of Land Management establishes the following 
supplementary rules for public lands within the Hot Well Dunes 
Recreation Area.

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 off-road 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 off-road 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 off-road 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 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 off-road 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

    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. 43 U.S.C. 1733(a); 
43 CFR 8360.0-7; 43 CFR 2932.57(b). Such violations may also be subject 
to the enhanced fines provided for by 18 U.S.C. 3571. In accordance 
with 43 CFR 8365.1-7, State or local officials may also impose 
penalties for violations of Arizona law.

    Authority: 43 CFR 8365.1-6(c).

Helen Hankins,
Arizona Associate State Director.
[FR Doc. E9-16140 Filed 7-8-09; 8:45 am]
BILLING CODE 4310-32-P


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