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Federal Register / Vol. 72, No.

10 / Wednesday, January 17, 2007 / Notices 2011

DEPARTMENT OF THE INTERIOR become effective, the MSRMA will be substantial number of small entities.
fully open for the uses and purposes These final supplementary rules do not
Bureau of Land Management identified the Meadowood Farm have an effect on business entities of
[ES–920–1430–PM] Proposed Management Program any size. They merely impose
Analysis/Environmental Assessment reasonable restrictions on certain
Notice of Final Supplementary Rules (PA/EA) and the Meadowood Integrated recreational activities on specific public
for Visitor Use and Permits at Activity Management Plan for the lands to protect natural resources and
Meadowood Special Recreation Meadowood SRMA including the the environment, and human health and
Management Area—Bureau of Land following stipulations. These final safety. Therefore, BLM has determined
Management, Eastern States, supplementary rules also rescind the under the RFA that these final
Springfield, VA temporary closure of these lands that supplementary rules would not have a
was published in the Federal Register significant economic impact on a
AGENCY: Bureau of Land Management, on October 22, 2001 (66 FR 53431). substantial number of small entities.
Interior. Small Business Regulatory
II. Final Rule Enforcement Fairness Act (SBREFA).
ACTION: Notice of Final Supplementary
Rules. The BLM is implementing these final These final supplementary rules are not
supplementary rules to finalize the a ‘‘major rule’’ as defined at 5 U.S.C.
SUMMARY: In accordance with the management decisions made in the 804(2) because they will not have an
Meadowood Integrated Activity Plan, Meadowood Farm Management PA/EA annual effect on the economy greater
the Bureau of Land Management, and the Meadowood Integrated Activity than $100 million, nor will they result
Eastern States Office (BLM–ES) Management Plan for the Meadowood in major cost or price increases for
implements these final supplementary SRMA. The BLM developed these plans consumers, industries, government
rules which include certain rules of through a series of public meetings, a agencies, or regions. They do not
conduct and other limitations on public 30-day comment period, and an appeal constitute a ‘‘major rule’’ as defined at
lands administered by BLM–ES. These and protest period. 5 U.S.C. 804(2) because they will not
final supplementary rules implement result in an annual effect on the
III. Procedural Matters
the management decisions made in the economy of $100 million or more, in an
Meadowood Farm Proposed E.O. 12866 Regulatory Planning and increase in costs or prices, or
Management Program Analysis/ Review: Clarity of the Regulations. insignificant adverse effects on
Environmental Assessment and the These final supplementary rules are not competition, employment, investment,
Meadowood Integrated Activity Plan for a ‘‘significant regulatory action’’ as productivity, innovation, or on the
the Meadowood Special Recreation defined in section 3(f) of Executive ability of United States-based
Management Area. These final Order 12866. These final supplementary enterprises to compete with foreign
supplementary rules will protect natural rules do not constitute a significant based enterprises in domestic and
resources and provide for the safety of regulatory action and are not subject to export markets. These final
visitors and property on public lands review by the Office of Management and supplementary rules merely impose
located within the boundaries of the Budget under Executive Order 12866. reasonable restrictions on certain
Meadowood Special Recreation They will not have an effect of $100 recreational activities on specific public
Management Area (MSRMA) in Fairfax million or more on the economy. They lands to protect natural resources and
County, Virginia. will not adversely affect in a material the environment, and human health and
way the economy, productivity, safety.
DATES: These final supplementary rules
competition, jobs, the environment, Unfunded Mandates Reform Act.
are effective February 16, 2007.
public health or safety, or state local, or These final supplementary rules do not
ADDRESSES: You may send inquiries or Tribal governments or communities. impose an unfunded mandate on state,
suggestions to Director, Eastern States The final supplementary rules will not local, or tribal governments or on the
Office, Bureau of Land Management, create a serious inconsistency or private sector of more than $100 million
7450 Boston Boulevard, Springfield, VA otherwise interfere with an action taken per year; nor do these final
22153. or planned by another agency. They do supplementary rules have a significant
FOR FURTHER INFORMATION CONTACT: Jeff not alter the budgetary effects of or unique effect on state, local, or tribal
McCusker, Outdoor Recreation Planner entitlements, grants, user fees, or loan governments or the private sector. They
at 703–339–3463. Individuals who use a programs or the rights or obligations of merely impose reasonable restrictions
telecommunications device for the deaf their recipients, or raise novel legal or on certain recreational activities on
may contact Mr. McCusker through the policy issues. These final certain public lands to protect natural
Federal Information Relay Service at 1– supplementary rules merely impose resources and the environment, and
800–877–8339. rules of conduct and impose other human health and safety. Therefore, the
SUPPLEMENTARY INFORMATION: limitations on certain recreational BLM is not required to prepare a
activities on certain lands to protect statement containing the information
I. Background
natural resources and human health and required by the Unfunded Mandates
On Thursday, July 28, 2005, BLM safety. Reform Act (2U.S.C. 1531 et seq.).
published a Notice of Proposed Regulatory Flexibility Act. Congress Executive Order 12630, Government
Supplementary Rules for the enacted the Regulatory Flexibility Act of Action and interference with
Meadowood Special Recreation 1980 (RFA), as amended, 5 U.S.C. 601– Constitutionally Protected Pro. In
Management Area (MSRMA), Fairfax 612, to ensure that Government accordance with Executive Order 12360,
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County, VA (70 FR 43707). The BLM regulations do not unnecessarily or BLM has found that these final
received no comments on the document disproportionately burden small supplementary rules do not have
during the 30-day comment period. The entities. The RFA requires a regulatory significant takings implications. These
BLM is now finalizing these flexibility analysis if a rule would have final supplementary rules will merely
supplementary rules for the MSRMA. a significant economic impact, either impose reasonable restrictions on
When these supplementary rules detrimental or beneficial, on a certain recreational activities on specific

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2012 Federal Register / Vol. 72, No. 10 / Wednesday, January 17, 2007 / Notices

public lands to protect natural resources Order 13211). These final Final Supplementary Rules for Certain
and the environment, and human health supplementary rules are a purely Public Lands Managed by the Lower
and safety. No takings of personal or administrative regulatory action and Potomac Field Station Office, Bureau of
real property will occur because of this have no implications under Executive Land Management
final rule. Order 13211.
Executive Order 13132, Federalism. In Unless otherwise authorized by the
Clarity of the Final Supplementary Field Station Manager, the following
accordance with Executive Order 13162, Rules. Executive Order 12866 requires
BLM finds that the final supplementary acts are prohibited within the
each agency to write regulations that are Meadowood Special Recreation
rules do not have sufficient federalism simple and easy to understand. The
implications to warrant the preparation Management Area (MSRMA) boundary:
BLM invites your comments on how to
of a federalism summary impact 1. You must not hunt unless you are
make these regulations easier to
statement. The rules do not have participating in a managed hunt
understand, including answers to
substantial direct effect on the States, on following Commonwealth of Virginia
questions such as the following:
the relationship between the national hunting regulations, and planned by the
1. Are the requirements in the final Bureau of Land Management (BLM).
government and the States, or on the supplementary rules clearly stated?
distribution of power and 2. You must not use fireworks or
2. Do the final supplementary rules
responsibilities among the various explosive devices.
contain technical language or jargon that
levels of government. This final rule 3. You must not enter the MSRMA
interferes with clarity?
does not preempt state law. between sunset and sunrise.
3. Does the format of the final
Executive Order 13175, Consultation 4. You must not swim or bathe in the
supplementary rules (grouping and
and Coordination with Indian Tribal ponds or streams.
order of sections, use of headings,
Governments. In accordance with paragraphing, etc.) aid or reduce their 5. You must not operate motorized
Executive Order 13175, BLM finds that vehicles or devices in the MSRMA
clarity?
these final rules will not result in except on the following established
4. Would the final supplementary rule
significant changes to BLM policy and roads:
be easier to understand if it was divided
that Tribal Governments will not be a. From Old Colchester Road to the
into more (but shorter) sections?
unduly affected by these final control line flying circles in the west
5. Is the description of the final
supplementary rules. This rulemaking parcel.
has no bearing on lands for which title supplementary rules in ‘‘Supplementary
Information’’ section of this preamble b. From Belmont Boulevard to the
is held in fee status by Indian tribes and visitor parking area.
U.S. Government-owned lands under helpful in making the final rules easier
to understand? c. From Gunston Road to the parking
the Bureau of Indian Affairs. areas at the horse barn and the BLM
Executive Order 12988, Civil Justice Please send any comments you have
on the clarity of the regulations to the compound.
Reform. In accordance with Executive 6. You must not enter the fenced
Order 12988 the Department of the Bureau of Land Management, Eastern
States Office, 7450 Boston Blvd. pastures at 10406 Gunston Road unless
Interior’s Office of the Solicitor has you have a contract or other written
determined that this rule does not Springfield, VA 22153.
Author: The principle author of these permission from the BLM to board or
unduly burden the judicial system and maintain horses at the property.
meets the requirements of sections 3(a) final supplementary rules is Jeff
McCusker, Outdoor Recreation Planner, 7. You must not enter into any area
and 3(b)(2) of Executive Order 12988.
Paperwork Reduction Act. BLM has Bureau of Land Management, Eastern posted as closed to entry or use.
determined this rulemaking does not States Office, assisted by Cynthia Ellis, 8. You must not camp.
contain any new information collection Office of Regulatory Affairs, 9. You must not use a bicycle on the
that the Office of Management and Washington, DC. property, except on the roads listed
Budget must approve under the These final supplementary rules above in rule 5 unless it is on a
Paperwork Reduction Act of 1995 (44 implement the management decisions designated bicycle trail.
U.S.C. 3501 et seq.). made in the Meadowood Farm Proposed 10. You must not store fuel or
National Environmental Policy Act. Management Program Analysis/ accelerants.
BLM prepared an Environmental Environmental Assessment and the 11. You must not use control line
Assessment (EA), ‘‘The Meadowood Meadowood Integrated Activity Plan for model airplanes outside of designated
Farm Proposed Program Analysis/ the Meadowood Special Recreation times and places.
Environmental Assessment’’ and Management Area. These final 12. You must not use model rockets
determined that these final supplementary rules will protect natural or explosive devices.
supplementary rules would not resources and provide for the safety of 13. You must not use or possess
constitute a major Federal action visitors and property on public lands weapons, other than for permitted hunts
significantly affecting the quality of the located within the boundaries of the planned by the BLM.
human environment under Section Meadowood Special Recreation Exception for Official Use of Site.
102(2)(C) of the National Environmental Management Area (MSRMA) in Fairfax Federal, state, and local law
Policy Act of 1969 (NEPA), 42 U.S.C. County, Virginia. Accordingly, for the enforcement officers, government
4332(2)(C). A detailed statement under reasons stated above and under the employees, and BLM volunteers are
NEPA is not required. The BLM has authorities for supplementary rules exempt from these supplementary rules
placed the EA and the Finding of No found in 43 CFR 8341.2, 8364.1, and in the course of their official duties.
Significant Impact (FONSI) on file in the 8365.1–6, and 43 U.S.C. 1740, the State Limitations on the use of motorized
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Administrative Record at the Bureau of Director, Bureau of Land Management, vehicles do not apply to emergency
Land Management, Eastern States Eastern States Office, issues these final vehicles, fire suppression and rescue
Office, 7450 Boston Blvd. Springfield, supplementary rules for public lands vehicles, law enforcement vehicles, and
VA 22153. managed by the BLM in the Lower other vehicles performing official
Executive Order 13211 Effects on the Potomac Field Stations to read as duties, or as approved by an authorized
Nation’s Energy Supply (Executive follows: officer of the BLM.

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Federal Register / Vol. 72, No. 10 / Wednesday, January 17, 2007 / Notices 2013

Penalties Bureau of Land Management, pursuant Arizona Lands Program Lead, Division
1. Violations of these supplementary to Section 204 of the Federal Land of Resources, Bureau of Land
rules are punishable as follows: By a Policy and Management Act of 1976, 43 Management, and the Forest Supervisor,
sentence of incarceration not more than U.S.C. 1714, to withdraw the following- Tonto National Forest at the addresses
one year, and a fine as provided by law described National Forest System land stated above.
under 43 U.S.C. 1733(a); 43 CFR within the Tonto National Forest for a
Notice is hereby given that an
8360.0–7. Such violation may also be period of 20 years from location and
opportunity for a public meeting is
subject to the enhanced fines provided entry under the United States mining
laws, subject to valid existing rights: afforded in connection with the
for by 18 U.S.C. 3571. proposed withdrawal. All interested
2. You may also be subject to civil Gila and Salt River Meridian persons who desire a public meeting for
action for unauthorized use of the the purpose of being heard on the
public lands or related waters and their T. 1 S., R. 13 E.
Sec. 12, S1⁄2NE1⁄4NE1⁄4SE1⁄4NE1⁄4, proposed withdrawal must submit a
resources, for violations of permit terms, SE1⁄4NE1⁄4SE1⁄2NE1⁄4, E1⁄2SE1⁄4SE1⁄4NE1⁄4, written request, by the date specified
conditions, or stipulations, or for uses E1⁄2E1⁄2NE1⁄4SE1⁄4, and above, to both the Arizona Lands
beyond those allowed by the permit. NE1⁄4NE1⁄4SE1⁄4SE1⁄4; Program Lead, Bureau of Land
Sec. 13, S1⁄2N1⁄2NE1⁄4NE1⁄4, S1⁄2NE1⁄4NE1⁄4,
Sue E. Richardson, Management, and the Forest Supervisor,
N1⁄2SE1⁄4NE1⁄4, N1⁄2S1⁄2SE1⁄4NE1⁄4,
Acting State Director, Eastern States Office. S1⁄2SE1⁄4SE1⁄4NE1⁄4, and Tonto National Forest at the addresses
[FR Doc. E7–515 Filed 1–16–07; 8:45 am] SE1⁄4SW1⁄4SE1⁄4NE1⁄4. stated above. Upon determination by the
BILLING CODE 4310–GJ–P T. 1 S., R. 14 E. authorized officer that a public meeting
Sec. 7, S1⁄2N1⁄2N1⁄2 of Lot 2, S1⁄2N1⁄2 of Lot will be held, a notice of time and place
2, S1⁄2 of Lot 2, Lot 3, Lots 7–10, will be published in the Federal
DEPARTMENT OF THE INTERIOR inclusive, SW1⁄4SE1⁄4NW1⁄4,
Register at least 30 days before the
S1⁄2NW1⁄4SE1⁄4NW1⁄4, W1⁄2E1⁄2SW1⁄4,
S1⁄2N1⁄2NW1⁄4SE1⁄4NW1⁄4, scheduled date of the meeting.
Bureau of Land Management
SE1⁄4SW1⁄4SW1⁄4, and The application will be processed in
[AZ–931–07, 1430–ET, AZA 33648] E1⁄2SW1⁄4SW1⁄4SW1⁄4; accordance with the regulations set
Sec. 18, Lots 1 and 2, and E1⁄2NW1⁄4, forth in 43 CFR part 2300.
Notice of Proposed Withdrawal and excepting a portion of Mineral Survey
Opportunity for Public Meeting; No. 2337. Comments, including names and
Arizona The area described contains 387.50 acres, street addresses of respondents, will be
more or less, in Gila and Pinal Counties. available for public review at the Tonto
AGENCY: Bureau of Land Management,
The purpose of the proposed National Forest at the above address
Interior.
withdrawal would be to protect and during regular business hours 8 a.m. to
ACTION: Notice.
conserve an ecologically viable 4:30 p.m., Monday through Friday,
SUMMARY: The United States Department population of Arizona Hedgehog Cactus except holidays. Individual respondents
of Agriculture, Forest Service, has filed to compensate for occupied habitat that may request confidentiality. If you wish
an application requesting the Secretary will be lost as a result of open-pit mine to withhold your name or address from
of the Interior to withdraw 387.50 acres and processing facilities located within public review or from disclosure under
of National Forest System land from the Tonto National Forest. The cactus is the Freedom of Information Act, you
mining for protection and conservation listed as a Federal Endangered Species must state this prominently at the
of the Arizona Hedgehog Cactus and is also on the Forest Service beginning of your comments. Such
(Echinocereus triglochidiatus var. Sensitive Species list. requests will be honored to the extent
arizonicus) located in the Tonto The use of a right-of-way, an allowed by law. All submissions from
National Forest, Arizona. This notice interagency agreement, or a cooperative organizations or businesses, and from
segregates the land for up to 2 years agreement would not adequately individuals identifying themselves as
from location and entry under the constrain nondiscretionary uses which representatives or officials of
United States mining laws. The land could irrevocably damage the plants and organizations or businesses, will be
will remain open to all other uses which their habitat. made available for public inspection in
may by law be authorized on National There are no suitable alternative sites their entirety.
Forest System lands. that can be considered because the
above-described land was identified as On January 17, 2007 the above-
DATES: Comments must be received no
the best choice for mitigation by a described land will be segregated from
later than April 17, 2007.
committee of botanists familiar with the location and entry under the United
ADDRESSES: Comments and meeting
species. States mining laws. The segregative
requests should be sent to both the
No water rights are needed to fulfill effect of the application shall terminate
Arizona Lands Program Lead, Division
the purpose of the requested upon denial or cancellation of the
of Resources, Bureau of Land
Management, One N. Central Avenue, withdrawal. application; approval of the application;
Records relating to the application or January 19, 2009, whichever occurs
Suite 800, Phoenix, Arizona 85004, and
may be examined by interested parties first.
the Forest Supervisor, Tonto National
at the address of the Bureau of Land
Forest, 2324 E. McDowell Road, Authority: 43 CFR 2310.3–1.
Management office stated above.
Phoenix, Arizona 85006. Dated: November 28, 2006.
For a period of 90 days from the date
FOR FURTHER INFORMATION CONTACT:
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of publication of this notice, all persons Michael A. Taylor,


Karen Harbour, Tonto National Forest, who wish to submit comments,
at the above address or at 602–225– Deputy State Director, Resources Division.
suggestions, or objections in connection [FR Doc. E7–510 Filed 1–16–07; 8:45 am]
5200. with the proposed withdrawal may
BILLING CODE 3410–11–P
SUPPLEMENTARY INFORMATION: The Forest present their views in writing, by the
Service has filed an application with the date specified above, to both the

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