Rule2022-25015
Final Supplementary Rule for Public Lands in the Lower Lake Creek Falls Special Recreation Management Area, Lane County, OR
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 18, 2022
Effective
December 19, 2022
Issuing agencies
Interior DepartmentLand Management Bureau
Abstract
The Bureau of Land Management (BLM) Oregon/Washington State Director is finalizing a supplementary rule prohibiting the use and possession of alcoholic beverages in the Lower Lake Creek Falls Special Recreation Management Area (SRMA).
Full Text
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<title>Federal Register, Volume 87 Issue 222 (Friday, November 18, 2022)</title>
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[Federal Register Volume 87, Number 222 (Friday, November 18, 2022)]
[Rules and Regulations]
[Pages 69204-69206]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-25015]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 8360
[LLORN03000.L63000000.HD0000. 22X.241A.HAG 22-0018]
Final Supplementary Rule for Public Lands in the Lower Lake Creek
Falls Special Recreation Management Area, Lane County, OR
AGENCY: Bureau of Land Management, Interior.
ACTION: Final supplementary rule.
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SUMMARY: The Bureau of Land Management (BLM) Oregon/Washington State
Director is finalizing a supplementary rule prohibiting the use and
possession of alcoholic beverages in the Lower Lake Creek Falls Special
Recreation Management Area (SRMA).
DATES: This final supplementary rule is effective on December 19, 2022.
ADDRESSES: Inquiries may be directed to the BLM Northwest Oregon,
Siuslaw Field Office at (541) 683-6600 or 3106 Pierce Pkwy., E
Springfield, OR 97477. The final supplementary rule and accompanying
environmental documents are available for inspection at the BLM
Northwest Oregon, Siuslaw Field Office and on the ePlanning website at:
<a href="https://eplanning.blm.gov/eplanning-ui/project/67998/510">https://eplanning.blm.gov/eplanning-ui/project/67998/510</a>.
FOR FURTHER INFORMATION CONTACT: Morgan Schneider, Team Lead,
Telephone: (541) 683-6407, email: <a href="/cdn-cgi/l/email-protection#03414f4e5c4c515c4d4c5c504a565c4d46534243616f6e2d646c75"><span class="__cf_email__" data-cfemail="90d2dcddcfdfc2cfdedfcfc3d9c5cfded5c0d1d0f2fcfdbef7ffe6">[email protected]</span></a>.
Individuals in the United States who are deaf, deafblind, hard of
hearing, or have a speech disability may dial 711 (TTY, TDD, or
TeleBraille) to access telecommunications relay services. Individuals
outside the United States should use the relay services offered within
their country to make international calls to the point-of-contact in
the United States.
SUPPLEMENTARY INFORMATION:
I. Background
The BLM Northwest Oregon District, Siuslaw Field Office manages the
Lower Lake Creek SRMA. This popular recreation site contains unique
waterfalls and natural water slide features that draw visitors from
throughout the region. Visitors hike along a short trail to Lake Creek
and enjoy swimming in natural pools and other in-water recreational
activities. The consumption of alcoholic beverages in the SRMA has
resulted in increased occurrences of unsafe behavior by visitors, such
as wading in fast-moving and shallow sheet water flowing over natural
rock formations. This final supplementary rule will ban the possession
and consumption of alcoholic beverages in the area and, as a result,
return the area to a safer and more family-friendly outdoor recreation
opportunity for all members of the public to enjoy.
BLM law enforcement, recreation personnel, local law enforcement,
and local search and rescue professionals agree that some visitors'
consumption of alcohol has been a major factor in contributing to
increased public safety risks at the recreation site. Such public
safety issues include an increase in fatal traffic accidents involving
travelers driving to and from the recreation area, as well as increased
problems associated with litter, sanitation, and noise. This final
supplementary rule is needed to ensure a safe recreational setting for
all visitors and the local communities of Triangle Lake and Blachly,
Oregon.
This final supplementary rule is established under the authority of
43 CFR 8365.1-6, which allows BLM State Directors to establish
supplementary rules for ``the protection of persons, property, and
public lands and resources.'' This final supplementary rule prohibits
visitors of all ages from consuming, possessing, or furnishing any
beverage defined as an alcoholic beverage by Oregon State Law within
the boundaries of the Lower Lake Creek SRMA, including, but not limited
to, the parking lot, day-use area and surrounding hillside, Lower Lake
Creek Falls swimming area, and pathways leading to the swimming area
and waterfalls site. Prohibited acts under this provision include the
consumption,
[[Page 69205]]
possession, and furnishing of any alcoholic beverage within motor
vehicles, tents, or other structures in the area described herein.
II. Discussion of Public Comments
On August 9, 2012, the BLM published a proposed supplementary rule
(77 FR 47662) to replace an existing supplementary rule on alcohol use
within the Lower Lake Creek SRMA. The existing supplementary rule,
adopted in 1997, prohibits ``consumption, possession, or furnishing of
any alcoholic beverage in violation of Oregon State law.'' Because of
the way it is written, the existing supplementary rule does not
actually ban the consumption, possession, or furnishing of alcohol in
the SRMA.
The substance of the ``Prohibited Act'' in this final supplementary
rule, which is the same as the substance of the proposed supplementary
rule (i.e., alcoholic beverages), would prohibit consumption,
possession, or furnishing of ``any beverage defined as an alcoholic
beverage by Oregon State law while on public lands'' within the
boundaries of the Lower Lake Creek SRMA. In the proposed supplementary
rule, the BLM explained that the existing supplementary rule is
insufficient to control an increasing population of visitors who
consume, possess, or furnish alcohol, and the proposed supplementary
rule would put in place an enforceable ban on alcoholic beverages for
all visitors, regardless of age.
The BLM received no comments on the proposed supplementary rule.
The BLM signed a decision record on the Proposed Rules for public land
within the Lower Lake Creek SRMA Environmental Assessment (DOI-BLM-
ORWA-E050-2012-0002-EA), which was posted on the BLM's ePlanning
website on October 11, 2016. The BLM received two comments during the
environmental assessment's (EA) 30-day comment period. These commenters
thanked the BLM for moving forward with a ban on alcoholic beverages at
the Lower Lake Creek Falls SRMA.
III. Procedural Matters
Executive Order (E.O.) 12866, Regulatory Planning and Review
This supplementary rule is not a significant regulatory action and
is not subject to review by the Office of Management and Budget under
E.O. 12866. This supplementary rule would not have an annual effect of
$100 million or more on the economy. It is not intended to affect
commercial activity but imposes a rule of conduct on recreational
visitors for public safety in a limited area of public lands. This
supplementary rule would 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. This supplementary rule would not create a serious
inconsistency or otherwise interfere with an action taken or planned by
another agency. This supplementary rule does not materially alter the
budgetary effects of entitlements, grants, user fees, or loan programs
or the right or obligations of their recipients, nor does it raise
novel legal or policy issues; it merely strives to protect public
safety.
National Environmental Policy Act
A ban on alcoholic beverages was analyzed in the EA titled
``Proposed Rules for Public Land Within the Lower Lake Creek SRMA''
(DOI-BLM-ORWA-E050-2012-0002-EA). This document was subject to a 30-day
public comment period. On July 23, 2012, BLM determined that this
supplementary rule did 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 (NEPA) of
1969, 42 U.S.C. On October 11, 2016, BLM signed a decision record based
on the EA, which analyzed a permanent restriction on consuming alcohol.
This supplementary rule merely regulates conduct on the BLM lands
administered by the Siuslaw Field Office within the boundaries of the
Lower Lake Creek Falls SRMA in order to protect public safety. A
detailed environmental impact statement under NEPA is not required.
The BLM reviewed and signed a Determination of NEPA Adequacy (DNA)
in 2018 (DOI-BLM-ORWA-N030-2017-0005-DNA) after confirming that the
EA's analysis is still valid. Circumstances in the SRMA have not
changed since then.
The BLM has placed the EA, the decision record, the finding of no
significant impact, and the DNA on file in the BLM administrative
record at the address specified in the ADDRESSES section.
Regulatory Flexibility Act
This final supplementary rule will not have a significant economic
effect on a substantial number of small entities under the Regulatory
Flexibility Act (RFA) of 1980, 5 U.S.C. 601, et seq. Congress enacted
the RFA 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 rule does not pertain specifically to
commercial, not-for-profit, or governmental entities of any size, but
to public consumption of alcoholic beverages on specific public lands.
Small Business Regulatory Enforcement Fairness Act
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. This rule:
(a) Does not have an annual effect on the economy of $100 million
or more;
(b) Will not cause a major increase in costs or prices for
consumers; individual industries; Federal, State, or local Government
agencies; or geographic regions; and
(c) Does not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S.-based enterprises to compete with foreign-based enterprises.
Unfunded Mandates Reform Act
This supplementary rule does not impose an unfunded mandate on
State, local, or Tribal Governments of more than $100 million per year;
nor does it have a significant or unique effect on State, local, or
Tribal Governments or the private sector. This supplementary rule does
not impose requirements on State, local, or Tribal Governments. A
statement containing the information required by the Unfunded Mandates
Reform Act, 2 U.S.C. 1531 et seq., is not required.
Paperwork Reduction Act
This supplementary rule does 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.
Executive Order 12630, Governmental Actions and Interference With
Constitutionally Protected Property Rights (Takings)
This rule does not affect a taking of private property or otherwise
have takings implications under E.O. 12630. This supplementary rule is
not a Government action capable of interfering with constitutionally
protected property rights. This supplementary rule does not address
property rights in any form and does not cause the impairment of any
private property rights. A takings implication assessment is not
required.
[[Page 69206]]
Executive Order 13132, Federalism
Under the criteria in section 1 of E.O. 13132, this rule does not
have sufficient federalism implications to warrant the preparation of a
federalism summary impact statement. This supplementary rule 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. A
federalism summary impact statement is not required.
Executive Order 12988, Civil Justice Reform
This rule complies with the requirements of E.O. 12988.
Specifically, the following rule:
(a) Meets the criteria of section 3(a) requiring that all
regulations be reviewed to eliminate errors and ambiguity and be
written to minimize litigation; and
(b) Meets the criteria of section 3(b)(2) requiring that all
regulations be written in clear language and contain clear legal
standards.
Executive Order 13175, Consultation and Coordination With Indian Tribal
Governments
The Department of the Interior strives to strengthen its
Government-to-Government relationship with Indian Tribes through a
commitment to consultation with Indian Tribes and recognition of their
right to self-governance and Tribal sovereignty. We have evaluated this
rule under the Department's consultation policy and under the criteria
in E.O. 13175 and have determined that it has no substantial direct
effects on federally recognized Indian Tribes and that consultation
under the Department's Tribal consultation policy is not required.
Effects on the Energy Supply (E.O. 13211)
This rule is not a significant energy action under the definition
in E.O. 13211. A Statement of Energy Effects is not required.
IV. Final Supplementary Rule
Author
The principal author of this supplementary rule is Cheryl Adcock,
Field Manager for the Siuslaw Field Office, Oregon/Washington.
For the reasons stated in the preamble, and under authority for
supplementary rules at 43 U.S.C. 1740 and 43 CFR 8365.1-6, the BLM
Oregon/Washington State Director establishes a supplementary rule for
public lands administered by the BLM in Oregon/Washington, to read as
follows:
Final Supplementary Rule for Public Lands in the Lower Lake Creek Falls
Special Recreation Management Area, Lane County, OR
Definitions
Alcoholic beverage uses the definition set forth in 2017 ORS
471.001(1).
Prohibited Acts
No person may consume, possess, or furnish alcoholic beverages
within the boundaries of the Lower Lake Creek Falls SRMA, including,
but not limited to, the parking lot, day-use area and surrounding
hillside, Lower Lake Creek Falls swimming area, and pathways leading to
the swimming area and falls site. Prohibited acts under this provision
also include the consumption, possession, and furnishing of any
alcoholic beverage within motor vehicles, tents, or other structures.
Exemptions
No persons, agencies, municipalities, or companies are exempt from
the supplementary rule unless specifically authorized in writing by the
BLM.
Penalties
Any person who violates this supplementary rule may be tried before
a United States magistrate and fined in accordance with 18 U.S.C. 3571,
imprisoned no more than 12 months under 43 U.S.C. 1733(a) and 43 CFR
8360.0-7, or both. In accordance with 43 CFR 8365.1-7, State or local
officials also impose penalties for violations of Oregon law.
Barry R. Bushue,
Bureau of Land Management, State Director, Oregon/Washington.
[FR Doc. 2022-25015 Filed 11-17-22; 8:45 am]
BILLING CODE 4310-33-P
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</html>Indexed from Federal Register on November 18, 2022.
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