[Federal Register Volume 62, Number 119 (Friday, June 20, 1997)]
[Notices]
[Pages 33673-33674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-16151]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[OR-050-1220-00; GP7-0208]
Amendment to Prohibited Acts in Deschutes National Wild and
Scenic River Area
AGENCY: Bureau of Land Management, Interior, Prineville District.
ACTION: Notice.
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SUPPLEMENTARY INFORMATION: The following amendments are made to the
notice dated April 8, 1994 published in the Federal Register; Vol. 59,
No. 73; Friday, April 15, 1994.
The following definition is added:
Camping means the erecting of a tent or shelter of natural or
synthetic material, preparing a sleeping bag or other bedding material
for use, parking of a motor vehicle, motor home, or trailer or mooring
of a vessel for the apparent purpose of overnight occupancy.
Part 1 (Camping) is amended by the following:
Subpart (a) is replaced with the following:
Camping longer than 4 consecutive nights at a boat-in only camp
site or vehicle camping for a total period of not more than 14 days
during any 28 day period. The 28 day period will begin the first full
day the site is occupied. The 14 day limit may be reached either
through a number of separate visits of through a period of continuous
occupation. Once the 14 day limit is reached in any camping area,
person(s) must move a distance of not less than 50 miles away from the
campsite if they intend to continue camping on public lands.
Subpart (d) is replaced with the following:
Camping on river islands, or any area posted as closed to that use
or Camping outside designated campsites between Deschutes Club locked
gate and Maupine, or Camping outside of a designated campsite to the
east (road side) of the River between Maupin and Sherars Falls, or
Vehicle camping in any River segment outside of designated campsites.
Subpart (l) is added as follows:
Exceeding the maximum allowable number of persons and/or vehicles
allowed for a designated campsite.
Subpart (m) is added as follows:
Reserving, holding, or transferring campsites for the benefit of
another party.
Subpart (n) is added as follows:
Moving any table, stove, barrier, litter receptacle or other
campground equipment.
Part 8 (Boating) is amended by the following:
Subpart (j) is added as follows:
Failure to complete boater registration when requested to do so by
agency personnel.
Subpart (k) is added as follows:
Failure to pay required boater use fee.
Subpart (l) is added as follows:
Failure to register for boat-in ares, camping sites or River
sections/zones as required.
Subpart (m) is added as follows:
Failure to camp in assigned boat-in areas, camping sites or River
section/zone as required.
Subpart (n) is added as follows:
Launching or taking out watercraft in an area designated as closed
to this activity.
Subpart (o) is added as follows:
Failure to possess one type III or IV Personal Floatation Device
(PFD) per person in a vessel.
Part 9 (alcoholic beverages and controlled substances) is added by
the following:
For the purposes of these regulations, the term ``highway'' shall
mean: every public way, road, street, thoroughfare and place, including
bridges, viaducts and other structures upon public lands, open, used or
intended for use of the general public for vehicles or vehicular
traffic as a matter of right.
The following are prohibited:
(a) Operating a vessel, or knowingly allowing another person to
operate a vessel, in a reckless or negligent manner, or in a manner so
as to endanger or likely to endanger a person or property.
(b) Operating a vessel when under the influence of alcohol or
controlled substance to a degree that may endanger oneself or another
person or damage property or public land resources; or the alcohol
concentration in the operator's blood or breath is 0.10 grams or more
of alcohol per 100 milliliters of blood or 0.10 grams or more of
alcohol per 210 liters of breath. Provided, however, that if State Law
that applies to operating a vessel while under the influence of alcohol
establishes more restrictive limits of alcohol concentration in the
operator's blood or breath, those limits supersede the limits specified
in this paragraph.
(c) Selling, giving, or otherwise making available any alcoholic
liquor to any person who is visibly intoxicated.
(d) No one other than the person's parent shall sell, give, or
otherwise make available any alcoholic liquor to a person under the age
of 21 years. A person violates this regulation who sells, gives, or
otherwise makes available alcoholic liquor to a person with the
knowledge that the person to whom the liquor is made available will
violate this regulation.
(e) No person under the age of 21 years shall attempt to purchase,
purchase or acquire alcoholic liquor. Except when such minor is in a
private residence accompanied by the parent or guardian of the minor
and with such parent's or guardian's consent, no person under the age
of 21 years shall have personal possession of alcoholic liquor.
For the purposes of this regulation, personal possession of
alcoholic liquor includes the acceptance or consumption of a container
of such liquor, or any portion thereof or a drink of such liquor.
However, this section does not prohibit the acceptance or consumption
by any person of sacramental wine as part of a religious rite or
service.
(f) Drinks any alcoholic liquor in a motor vehicle when the vehicle
is upon a highway.
(g) Possesses on one's person, while in a vehicle upon a highway,
any bottle, can, or other receptacle containing any alcoholic liquor,
which has been opened, or a seal broken, or the contents of which have
been partially removed.
(h) Keeps in a motor vehicle when the vehicle is upon any highway,
any bottle, can, or other receptacle containing any alcoholic liquor,
which has been opened, or a seal broken, or the contents of which have
been partially removed. The following apply to this paragraph:
1. This paragraph applies only to the registered owner of any motor
vehicle or, if the registered owner is not then present in the vehicle,
to the driver of the vehicle.
2. This paragraph does not apply if the bottle, can, or other
receptacle is kept in the trunk of the vehicle, or kept in some other
area of the vehicle not normally occupied by the driver or
[[Page 33674]]
passengers if the vehicle is not equipped with a trunk.
3. For purposes of this paragraph, a utility compartment or glove
compartment is considered within the area occupied by the driver and
passengers.
4. This paragraph does not apply to the living quarters of a camper
or a motor home.
The offense described in regulations (g) and (h) above does not
apply to a motor vehicle operated by a publicly owned transit system or
a motor vehicle operated by a common carrier and used primarily to
carry passengers for hire.
(I) Operating or being in actual physical control of a motor
vehicle is prohibited while:
1. Under the influence of alcohol, or a drug, or drugs, or any
combination thereof, to a degree that renders the operator incapable of
safe operation; or
2. The alcohol concentration in the operator's blood or breath is
0.10 grams or more of alcohol per 100 milliliters of blood or 0.10
grams or more of alcohol per 210 liters of breath. Provided, however,
that if State law that applies to operating a motor vehicle while under
the influence of alcohol establishes more restrictive limits of alcohol
concentration in the operator's blood or breath, those limits supersede
the limits specified in this paragraph.
(j) The provisions of paragraph (I) above also apply to an operator
who is or has been legally entitled to use alcohol or another drug.
(k) Tests.
1. At the request or direction of an authorized person who has
probable cause to believe that an operator of a motor vehicle upon
public lands has violated a provision of paragraph (I) of this section,
the operator shall submit to one or more tests of the blood, breath,
saliva, or urine for the purpose of determining blood alcohol and drug
content.
2. Refusal by an operator to submit to at test is prohibited and
proof of refusal may be admissible in any related judicial proceeding.
3. Any test or tests for the presence of alcohol and drugs shall be
determined by and administered at the direction of an authorized
person.
4. Any test shall be conducted by using accepted scientific methods
and equipment of proven accuracy and reliability operated by personnel
certified in its use.
(l) Presumptive levels:
1. The results of chemical or other quantitative tests are intended
to supplement the elements of probable cause used as the basis for the
arrest of an operator charged with a violation of paragraph (i1) of
this section. If the alcohol concentration in the operator's blood or
breath at the time of testing is less than alcohol concentrations
specified in paragraph (i2) of this section, this fact does not give
rise to any presumption that the operator is or is not under the
influence of alcohol.
2. The provisions of paragraph (l1) of this section are not
intended to limit the introduction of any other competent evidence
bearing upon the question of whether the operator, at the time of the
alleged violation, was under the influence of alcohol, or a drug, or
drugs, or any combination therefore.
(m) Within the Sandy Beach Recreation Site, consuming alcoholic
beverages or possessing any bottle, can or other receptacle containing
any liquor, which has been opened, or a seal broken, or the contents of
which have been partially removed. This paragraph does not apply if the
bottle, can or other receptacle has been stored out of view and is not
readily accessible.
Dated: June 12, 1997.
James G. Kenna,
Acting District Manager.
[FR Doc. 97-16151 Filed 6-19-97; 8:45 am]
BILLING CODE 4310-33-M
