Federal Register / Vol. 63, No. 25 / Friday, February 6, 1998 / Rules and Regulations 6075 reasonableness of state action. The for judicial review may be filed, and DEPARTMENT OF THE INTERIOR Clean Air Act forbids EPA to base its shall not postpone the effectiveness of actions concerning SIPs on such such rule or action. This action may not Bureau of Land Management grounds. Union Electric Co. v. U.S. EPA, be challenged later in proceedings to 427 U.S. 246, 255–66 (1976); 42 U.S.C. enforce its requirements. (See section 43 CFR Parts 8560 and 8372 7410(a)(2). 307(b)(2).) [AZ±010±01±1210±04] C. Unfunded Mandates List of Subjects in 40 CFR Part 52 Paria Canyon-Vermilion Cliffs Under Section 202 of the Unfunded Environmental protection, Air Wilderness, AZ±UT: Visitor Rules Mandates Reform Act of 1995 pollution control, Hydrocarbons, (‘‘Unfunded Mandates Act’’), signed Incorporation by reference, AGENCY: Bureau of Land Management, into law on March 22, 1995, EPA must Intergovernmental relations, Ozone, Interior. prepare a budgetary impact statement to Reporting and recordkeeping ACTION: Notice of intent to implement accompany any proposed or final rule requirements, Volatile organic recreation permit requirements. that includes a Federal mandate that compounds. may result in estimated costs to State, SUMMARY: The Bureau of Land local, or tribal governments in the Note: Incorporation by reference of the Management (BLM) has revised visitor aggregate; or to private sector, of $100 State Implementation Plan for the State of rules for the Paria Canyon, Buckskin California was approved by the Director of million or more. Under Section 205, the Federal Register on July 1, 1982. Gulch, Wire Pass, and the Coyote Buttes EPA must select the most cost-effective Special Management Area portions of Dated: January 15, 1998. and least burdensome alternative that the Paria Canyon-Vermilion Cliffs achieves the objectives of the rule and Felicia Marcus, Wilderness, AZ–UT. The objectives of is consistent with statutory Regional Administrator, Region IX. the new rules are to prevent further requirements. Section 203 requires EPA Part 52, chapter I, title 40 of the Code damage to wilderness resources and to to establish a plan for informing and of Federal Regulations is amended as improve visitors’ opportunities to enjoy advising any small governments that follows: the area. The rules represent the may be significantly or uniquely minimum level of visitor management impacted by the rule. PART 52Ð[AMENDED] needed to accomplish those objectives. EPA has determined that the approval BLM will drop certain ineffective action promulgated does not include a 1. The authority citation for part 52 rules and policies, carry forward those Federal mandate that may result in continues to read as follows: that are appropriate, and implement estimated costs of $100 million or more Authority: 42 U.S.C. et seq. several new rules. to either State, local, or tribal DATES: Subpart FÐCalifornia governments in the aggregate, or to the Existing Rules/Policies To Be private sector. This Federal action 2. Section 52.220 is amended by Dropped. Effective as of March 1, 1998. approves pre-existing requirements adding paragraphs (c)(231)(i)(B)(2), New General Rules. Effective as of under State or local law, and imposes (239)(i)(D)(1), and (244) to read as March 1, 1998. no new Federal requirements. follows: New Specific Rules for Paria Canyon/ Accordingly, no additional costs to Buckskin Gulch/Wire Pass/Coyote State, local, or tribal governments, or to § 52.220 Identification of plan. Buttes. Transition to the new rules will the private sector, result from this * * * * * be as follows: action. (c) * * * a. December 24, 1997 through D. Submission to Congress and the (231) * * * February 28, 1998: All existing rules/ General Accounting Office (i) * * * policies continue. b. February 1, 1998 through February Under 5 U.S.C. 801(a)(1)(A) as added (B) * * * 28, 1998: Reservation requests for dates by the Small Business Regulatory (2) Rule 410.1, Rule 410.5, Rule 411, on or after March 1, 1998 through one Enforcement Fairness Act of 1996, EPA and Rule 414.5 amended on March 7, year from the month of application will submitted a report containing this rule 1996. be accepted using new visitor limits. and other required information to the * * * * * c. March 1, 1998: New visitor rules U.S. Senate, the U.S. House of (239) * * * apply. Representatives and the Comptroller (i) * * * New Rules for Commercial Guides General of the General Accounting and Organizations. Office prior to publication of the rule in (D) * * * (1) Rule 2 amended on April 9, 1996. a. Effective as of March 1, 1998. today’s Federal Register. This rule is b. Applications for Special Recreation not a ‘‘major’’ rule as defined by 5 * * * * * Permits will be accepted at any time. U.S.C. 804(2). (244) New and amended regulations ADDRESSES: The public may examine for the following APCDs were submitted E. Petitions for Judicial Review material pertaining to the action at: on March 3, 1997, by the Governor’s 1. BLM, Arizona Strip Field Office, Under section 307(b)(1) of the Clean designee. 345 East Riverside Drive, St. George, Air Act, petitions for judicial review of (i) Incorporation by reference. this action must be filed in the United Utah 84790. (A) Monterey Bay Unified Air States Court of Appeals for the 2. BLM, Kanab Resource Area, 318 Pollution Control District. appropriate circuit by April 7, 1998. North 100 East, Kanab, Utah 84741 Filing a petition for reconsideration by (1) Rule 101 revised on November 13, 3. Electronic Access Addresses the Administrator of this final rule does 1996. www.for.nau.edu/paria-permits/ not affect the finality of this rule for the * * * * * FOR FURTHER INFORMATION CONTACT: Tom purposes of judicial review nor does it [FR Doc. 98–2871 Filed 2–5–98; 8:45 am] Folks, (435) 688–3264 or Janaye Byergo, extend the time within which a petition BILLING CODE 6560±50±P (435) 644–2672. 6076 Federal Register / Vol. 63, No. 25 / Friday, February 6, 1998 / Rules and Regulations

SUPPLEMENTARY INFORMATION: l. Hunters (during hunting season, in Specific to Coyote Buttes I. Existing Rules/Policies to be Dropped possession of a valid state license and a. The Coyote Buttes Special II. Existing Rules/Policies Carried Forward permit/tag for the areas), livestock III. New Rules Management Area (SMA) is limited to grazing permittees, and employees, day-use only. No overnight camping in I. Existing Rules/Policies to be Dropped contractors, and volunteers working the SMA. onsite for a state or federal agency do a. Group size is limited in Coyote b. Reservations are required for day- not count against the total daily visitor Buttes to no more than 4 persons. use in this area. limits, nor are they subject to fee b. No more than 2 groups in Coyote c. All reservations are issued on a requirements. However, these Buttes per day. first-come, first-served basis. c. Pets must be leashed. individuals are required to comply with d. Each trip leader is issued a permit. d. Visitors pay fees after reservations group size limitations. They are subject e. Day-use visitors pay fees to BLM’s are made for Coyote Buttes. to any closure or other restriction fee project partner, Northern Arizona e. Overnight visitors to Paria Canyon, implemented to protect sensitive University, via fax, or mail. A permit is Buckskin Gulch, and Wire Pass pay fee resources. then mailed to you. The fee schedule is: at self-service stations at the trail heads. m. BLM may, based on monitoring, $5.00/person (permit required). f. The number of overnight visits to temporarily or permanently close areas f. No private recreational or Paria Canyon, Buckskin Gulch, and of Coyote Buttes or the canyons in order commercial use of horses, burros, Wire Pass are not limited. to protect sensitive resources. llamas, and goats is allowed. g. Walk-in permits (no reservation) II. Existing Rules/Policies Carried Specific to White House Campground may be available at times. Reservations Forward for available walk-ins may be made only a. For campground use, visitors at the Paria Information Station up to General deposit fees at the self serve fee station seven days prior to the available date. a. BLM will operate a year-round fee/ located at the campground. Each group permit and reservation system. is required to fill-out a fee envelope and Specific to Commercial Guides and b. Use fees are collected for all visitors obtain fee receipt. The fee schedule is: Organizations to Paria Canyon, Buckskin Gulch, Wire $5.00/site/night a. Organized groups, companies, or Pass and Coyote Buttes. Specific to Paria Canyon, Buckskin individuals who use the public lands for c. For visitors with current Golden Gulch, Wire Pass business or financial gain or benefit Age or Golden Access cards, use fees are from salaries, or support other programs discounted 50% for cardholders only. a. Day-use visitors to these areas ( ie; professional guides, Sierra Club, Each cardholder’s card number must be deposit fees at self serve fee stations schools, college clubs, Museum or Elder provided when making reservations. located at White House, Buckskin Hostel Sponsored trips, etc.) are d. Golden Eagle passes do not apply Gulch, and Wire Pass Trail heads. No considered commercial users. to use fees, but are only for entrance fees reservations for day-use are needed. b. Commercial users intending to to areas such as national parks or some Each trip leader is required to fill-out a operate within the wilderness must national conservation areas. fee envelope and obtain fee receipt. The obtain a Special Recreation Use Permit e. To keep fees as low as possible, fee schedule is: $5.00/person/day. (43 CFR 8372) prior to operating on or refunds, date changes, and group size b. Group size for all use in the utilizing public lands. changes will not be made. Processing canyons is limited to ten persons per III. New Rules these types of actions substantially group. All groups larger than ten must increases the cost of administration, split up and begin hiking on different General which requires charging higher fees to days. These groups are not permitted to a. Dogs are allowed in the canyons recover costs. Be sure of trip plans rejoin during the trip. Minimum and Coyote Buttes with the following before making application and paying distance is two miles apart. requirements: fees. (1) Owners pay a daily use fee: $5.00/ f. American Indian Access Rights—If c. Visitors staying one or more nights in the canyons must camp only in day for each dog (fees are not required it is determined that the canyons of for guide dogs for the blind.) Paria or Coyote Buttes are sacred or existing campsites or, if necessary and safe, on shoreline terraces. (2) Owners be informed of rules and traditional areas to local Native restrictions American populations, then Native d. Wrather Canyon is closed to (3) Owners agree to keep dogs under Americans are exempted from paying camping. control at all times (to prevent fees. e. All camp, latrine, and pack stock harassment of wildlife and visitors). g. Hikers must register at the trail restraint areas must be at least 200 feet (4) Owners dispose of dog waste with heads when entering or leaving the area. from springs. the same method used for human waste. h. Campfires and burning of trash or f. Cutting of trees, limbs, or other (5) All dogs must be on a leash in the toilet paper are not allowed in the plants to make camp ‘‘improvements’’ is Glen Canyon National Recreation Area canyons or Coyote Buttes. prohibited. portion of lower Paria Canyon. i. Disturbing or defacing prehistoric or b. Visitors to areas requiring historic ruins, sites, artifacts or rock art g. Private recreational use of horses, reservations must pay fees at the time panels is prohibited by law. burros, llamas, and goats is allowed in reservations are made with BLM’s fee j. All trash associated with an Paria Canyon. Horses must stay on the project partner, Northern Arizona individual or group trip, including used shoreline terraces. University, via fax or mail. A permit is toilet paper, must be packed out by that h. The use of horses in conjunction then issued via mail. individual or group. with an approved Special Recreation k. The wilderness is closed to motor Use Permit is allowed only in Paria Specific to Paria Canyon, Buckskin vehicles, motorized equipment, and Canyon from Bush Head Canyon Gulch, Wire Pass other forms of mechanical transport, downstream to the wilderness a. Reservations are required for including bicycles and hang gliders. boundary. overnight use in these areas. Federal Register / Vol. 63, No. 25 / Friday, February 6, 1998 / Rules and Regulations 6077

b. All reservations are issued on a a first-come, first-served basis. Reference Center (Room 239), 1919 M first-come, first-served basis. Commercial users reserve no more than Street, NW, Washington, DC. The c. Each trip leader is issued a permit. one entry day per week under this complete text of this decision may also d. Overnight use in Paria Canyon, option. Fees for reserved dates will be be purchased from the Commission’s Buckskin Gulch, and Wire Pass is paid at the time of reservation. For copy contractors, International limited to a combined trail head entry permits reserved under this option, Transcription Services, Inc., 1231 20th total of no more than 20 persons per guides will count against both the group Street, NW., Washington, DC 20036, day. size and the total visitor limit for the (202) 857–3800, facsimile (202) 857– e. No fees are charged for children 12 given day. BLM would not limit the 3805. years and under for day-use in Paria number of guides per permit under this List of Subjects in 47 CFR Part 73 Canyon, Buckskin Gulch, and Wire option. Pass. Dated: January 26, 1998. Radio broadcasting. f. Walk-in permits (no reservation) for Part 73 of title 47 of the Code of overnight use may be available at times. Roger G. Taylor, Arizona Strip Field Manager. Federal Regulations is amended as Reservations for available walk-ins may follows: be made only at the Paria Information [FR Doc. 98–2960 Filed 2–5–98; 8:45 am] Station up to seven days prior to the BILLING CODE 4310±32±P PART 73Ð[AMENDED] available date. 1. The authority citation for part 73 Specific to Coyote Buttes FEDERAL COMMUNICATIONS continues to read as follows: a. The Coyote Buttes SMA is divided COMMISSION Authority: 47 U.S.C. 154, 303, 334 and 336. near Top Rock Spring into the Southern and Northern Coyote Buttes SMAs. 47 CFR Part 73 § 73.202 [Amended] b. Visitor use in the Southern Coyote [MM Docket No. 97±232; RM±9191] 2. Section 73.202(b), the Table of FM Buttes Special Management Area is Allotments under Montana, is amended limited to no more than ten persons per Radio Broadcasting Services; Eureka, by adding Eureka, Channel 228C3. day. MT c. Visitor use in the Northern Coyote Federal Communications Commission. Buttes Special Management Area is AGENCY: Federal Communications John A. Karousos, limited to no more than ten persons per Commission. Chief, Allocations Branch, Policy and Rules Division, Mass Media Bureau. day. ACTION: Final rule. d. The maximum group size limit in [FR Doc. 98–2987 Filed 2–5–98; 8:45 am] Coyote Buttes is six persons. SUMMARY: This document allots Channel BILLING CODE 6712±01±P e. A separate reservation and fee 228C3 to Eureka, Montana, as that payment must be made for each day community’s first local FM broadcast requested. service in response to a petition filed by FEDERAL COMMUNICATIONS COMMISSION Specific to Commercial Guides and William G. Brady d/b/a KHJ Radio. See 62 FR 61953, November 20, 1997. The Organizations 47 CFR Part 73 coordinates for Channel 228C3 at a. Commercial users may, after Eureka are 48–52–54 and 115–02–54. receiving authorization through Radio Broadcasting Services; Various Although there is no site restriction for Locations procedures set forth in 43 CFR 8372, the allotment, our analysis indicates operate in the canyons and Coyote that Channel 228C3 at Eureka is short- AGENCY: Federal Communications Buttes under one or both of the spaced to vacant Channel 226C, Commission. following modes: Cranbrook, British Columbia, Canada. ACTION: Final rule. (1) Authorized commercial users will Therefore, concurrence from the depend on visitors to contract their Canadian government has been obtained SUMMARY: The Commission, on its own services when visitors have either (a) for the allotment of Channel 228C3 at motion, editorially amends the Table of successfully acquired a non-commercial Eureka as a specially negotiated short- FM Allotments to specify the actual use permit for areas requiring spaced allotment. With this action, this classes of channels allotted to various reservations/permits or, (b) desired a proceeding is terminated. A filing communities. The changes in channel guide for areas not requiring window for Channel 228C3 at Eureka classifications have been authorized in reservations, such as day-use in the will not be opened at this time. Instead, response to applications filed by canyons or the remaining non-fee/non the issue of opening a filing window for licensees and permittees operating on reservation portions of the wilderness. this channel will be addressed by the these channels. This action is taken (2) All authorized guides will be Commission in a subsequent order. pursuant to Revision of Section listed in various forms of BLM hiking EFFECTIVE DATE: 73.3573(a)(1) of the Commission’s Rules information media, with the information March 16, 1998. FOR FURTHER INFORMATION CONTACT: Concerning the Lower Classification of sent to successful permit holders. an FM Allotment, 4 FCC Rcd 2413 Commercial guides may market their Kathleen Scheuerle, Mass Media Bureau, (202) 418–2180. (1989), and the Amendment of the availability as guides. As guides are Commission’s Rules to permit FM SUPPLEMENTARY INFORMATION: This is a retained for service under this mode, Channel and Class Modifications summary of the Commission’s Report they will not count against the group [Upgrades] by Applications, 8 FCC Rcd and Order, MM Docket No. 97–232, size limit or the total visitor limit for the 4735 (1993). given day. Parties will be limited to one adopted January 21, 1998, and released guide each under this option. January 30, 1998. The full text of this EFFECTIVE DATE: February 6, 1998. b. For areas requiring reservations/ Commission decision is available for FOR FURTHER INFORMATION CONTACT: permits, commercial users compete with inspection and copying during normal Kathleen Scheuerle, Mass Media non-commercial visitors for permits on business hours in the Commission’s Bureau, (202) 418–2180.