Final Supplementary Rules for Public Land Administered by the Bureau of Land Management in Colorado Relating to Camping and Occupancy of Public Lands, 32968-32971 [2010-13960]

Download as PDF 32968 Federal Register / Vol. 75, No. 111 / Thursday, June 10, 2010 / Notices PROPOSED ACEC DESIGNATION SUMMARY—Continued ACEC & values Summary of proposed resource use limitations Variance by alternative cprice-sewell on DSK8KYBLC1PROD with NOTICES • Modification of playa surface and adjacent uplands would be prohibited. • Coordinate with U.S. Forest Service to close Forest Road 1016 on a seasonal basis. The land use planning process was initiated on May 26, 2006, through a Notice of Intent published in the Federal Register (Volume 71, Number 102, Page 30446), notifying the public of a formal scoping period and soliciting public participation in the planning process. Four scoping meetings were held in June 2006 in Taos, Las Vegas, Espanola, and Santa Fe. A scoping presentation was also made at an Eight Northern Pueblos Council meeting to engage the Governors of the eight Northern Pueblos. In addition, two Economic Profile System workshops were held in July 2006 to work with local citizens and community leaders to develop a common understanding of the local economies and the ways in which land use planning decisions might affect them. During the scoping period, which ended August 31, 2006, the public provided the Taos Field Office with input on relevant issues to consider in the planning process. Based on this public input and the BLM’s goals and objectives, the Taos Field Office was able to formulate the four alternatives for consideration and analysis in the Draft RMP/EIS. Following the close of the public review and comment period, public comments will be used to revise the Draft RMP/EIS in preparation for its release to the public as the Taos Proposed Resource Management Plan and Final Environmental Impact Statement. The BLM will respond to each substantive comment by making appropriate revisions to the document or by explaining why a comment did not warrant a change. Notice of the availability of the Proposed RMP and Final EIS will be posted in the Federal Register. Please note that public comments and information submitted, including names, street addresses, and email addresses of respondents, will be available for public review and disclosure at the above address during regular business hours (8 a.m. to 4:30 p.m.), Monday through Friday, except holidays. Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may VerDate Mar<15>2010 13:40 Jun 09, 2010 Jkt 220001 be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Jesse Juen, Acting State Director. Authority: 40 CFR 1506.6; 40 CFR 1506.10; 43 CFR 1610.2. [FR Doc. 2010–13959 Filed 6–9–10; 8:45 am] BILLING CODE 4310–OW–P DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLCO910000, L71220000.PN0000, LVTFC002CO00] Final Supplementary Rules for Public Land Administered by the Bureau of Land Management in Colorado Relating to Camping and Occupancy of Public Lands AGENCY: Bureau of Land Management, Interior. ACTION: Final supplementary rules for public lands in Colorado. SUMMARY: The Bureau of Land Management (BLM) is amending supplementary rules relating to camping on public lands in Colorado. These rules extend the time the public must remain absent from a site once the current 14day camping stay limit is reached. They also require that once campers have camped for 14 days, they must move away from that particular location for 30 days, rather than seven days, before returning. These rules are needed to further protect natural resources and provide for public health and safety. These supplementary rules will be more consistent with camping and occupancy regulations on public lands in other western states. DATES: Effective Date: These rules are effective July 12, 2010. ADDRESSES: You may send inquiries by mail to the Office of Law Enforcement, BLM, Colorado State Office, 2850 Youngfield Street, Lakewood, Colorado 80215, or by e-mail to John_Bierk@blm.gov. PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 FOR FURTHER INFORMATION CONTACT: John Bierk, Colorado State Office, 2850 Youngfield Street, Lakewood, CO 80215, telephone (303) 239–3893. Persons who use a telecommunications device for the deaf (TDD) may contact this individual by calling the Federal Information Relay Service (FIRS) at (800) 877–8339, 24 hours a day, seven days a week. SUPPLEMENTARY INFORMATION: I. Authority II. Background III. Discussion of Public Comments IV. Discussion of Final Rule V. Procedural Matters I. Authority: 43 U.S.C. 1740, 43 U.S.C. 315a, and 43 CFR 8365.1–6 II. Background The BLM proposed these supplementary rules in the Federal Register (73 FR 6999) on Feb. 6, 2008, to update supplementary rules published in 1990 that were no longer effective in managing camping and occupancy on public land. In addition, the 1990 supplementary regulations were inconsistent with the camping and occupancy regulations on public land in other western states. III. Discussion of Public Comments The BLM received no comments on the proposed rules. IV. Discussion of Final Rule The BLM revised the final rule to clarify the description of locations to include campgrounds, clarify the 14-day stay limit, and clarify penalties under the Taylor Grazing Act of 1934. The BLM revised the final rule to change the amount of time unattended property could be left on public land from 24 hours to 48 hours. This change was made so that legitimate and authorized recreational use was not adversely affected. In the final rule, unattended property in day use areas was excluded so the final rule would remain consistent with time limits found in 43 CFR 8365.2–3(c). Prohibited acts 6, 7, and 9 in the proposed supplemental rules were removed because similar regulations already exist in Title 43 CFR. The BLM also revised the final rule to change the time when fees need to be paid upon entering a fee site from 30 minutes after occupying any camp E:\FR\FM\10JNN1.SGM 10JNN1 Federal Register / Vol. 75, No. 111 / Thursday, June 10, 2010 / Notices site to within 30 minutes of entering the fee area. Otherwise, with the exception of minor non-substantive grammatical and formatting changes, the final rules remain as proposed. The current camping stay limit was published in the Federal Register (55 FR 13672) on April 11, 1990, and, while it limited occupancy of any site to 14 days, it only required departure for seven days, or removal to a new site no less than three miles away before returning to the site. As a result, certain users have taken advantage of the existing rules and established long-term residency under the pretext of camping. Residential occupancy, which frequently includes illegal campfire use, vegetation trampling, unauthorized vehicle use, and trash dumping, often interferes with legitimate recreational use of public lands, creates sanitation and other potential health concerns, causes damage to resources, and occasionally poses dangers to other visitors. These new rules differ from the notice published in 1990 by increasing the distance campers must move after reaching the 14-day limit from three miles to 30 miles, consistent with camping regulations on public lands in other western states. The 1990 notice stated that following the 14-day period, people may not relocate within that area for a minimum of seven days; these rules extend that time period to 30 days, also consistent with camping regulations on public lands in other western states. Additional provisions limit the occurrence of unattended campsites that are being established for the purpose of securing campsite locations for later use. These supplementary rules apply to all public lands in Colorado. These rules are necessary to enhance the protection of natural resources, provide for safe public recreation and public health, reduce the potential for damage to the environment, encourage greater fee compliance, and improve the safety of public land users. Individual field offices may issue separate regulations relating to camping and occupancy that are more, but not less, restrictive. This notice does not affect more restrictive camping limits that may already be in place for certain areas. cprice-sewell on DSK8KYBLC1PROD with NOTICES V. Procedural Matters Executive Order 12866, Regulatory Planning and Review These supplementary rules would 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 would not have an VerDate Mar<15>2010 13:40 Jun 09, 2010 Jkt 220001 32969 effect of $100 million or more on the economy. They 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. These supplementary rules would not create a serious inconsistency or otherwise interfere with an action taken or planned by another agency. These supplementary rules would not 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. 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. These supplementary rules merely establish rules of conduct for camping and occupancy on public lands. Therefore, the BLM has determined under the RFA that the supplementary rules would not have a significant economic impact on a substantial number of small entities. Clarity of the Regulations Executive Order 12866 requires each agency to write regulations that are simple and easy to understand. The BLM invites your comments on how to make these supplementary rules easier to understand, including answers to questions such as the following: 1. Are the requirements in the supplementary rules clearly stated? 2. Do the supplementary rules contain technical language or jargon that interferes with their clarity? 3. Does the format of the supplementary rules (grouping and order of sections, use of headings, paragraphing, etc.) aid or reduce clarity? 4. Is the description of the supplementary rules in the SUPPLEMENTARY INFORMATION section of this preamble helpful in understanding the supplementary rules? How could this description be more helpful in making the supplementary rules easier to understand? Please send any comments you have on the clarity of the rule to the addresses specified in the ADDRESSES section. These supplementary rules do not constitute a ‘‘major rule’’ as defined in 5 U.S.C. 804(2). The supplementary rules pertain only to individuals who may wish to occupy public lands for residential purposes under the pretext of camping, or maintain, construct, place, occupy or use any structure in violation of state or county health, building, sanitation or fire codes. In this respect, the regulation of such use is necessary to protect public lands, the facilities, and people, including small business concessionaires and outfitters, who use them. The supplementary rules do not affect commercial or business activities of any kind. National Environmental Policy Act The BLM prepared an environmental assessment (EA) and found that 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 (NEPA), 42 U.S.C. 4332(2)(C). The BLM placed the EA and the Finding of No Significant Impact on file in the BLM Administrative Record, and invites the public to review these documents at the address specified in the ADDRESSES section. Regulatory Flexibility Act Congress enacted the Regulatory Flexibility Act (RFA) of 1980, as amended (5 U.S.C. 601–612) to ensure that government regulations do not unnecessarily or disproportionately PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 Small Business Regulatory Enforcement Fairness Act Unfunded Mandates Reform Act These supplementary rules would not impose an unfunded mandate on state, local or tribal governments or the private sector of more than $100 million per year; nor would they have a significant or unique effect on small governments. The rules would have no effect on governmental or tribal entities and would impose no requirements on any of these entities. The supplementary rules merely establish rules of conduct for the use of public lands and do not affect tribal, commercial, or business activities of any kind. Therefore, the BLM is not required to prepare a statement containing the information required by the Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.). Executive Order 12630, Governmental Actions and Interference With Constitutionally Protected Property Rights (Takings) These supplementary rules would not represent a government action capable of interfering with constitutionally protected property rights. Therefore, the Department of the Interior has determined that the supplementary rules would not cause a taking of private property or require further discussion of takings implications under this Executive Order. E:\FR\FM\10JNN1.SGM 10JNN1 32970 Federal Register / Vol. 75, No. 111 / Thursday, June 10, 2010 / Notices Executive Order 13132, Federalism The supplementary rules would not have a substantial direct effect on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. Therefore, in accordance with Executive Order 13132, the BLM has determined that these supplementary rules would 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 these supplementary rules would not unduly burden the judicial system and that they meet the requirements of sections 3(a) and 3(b)(2) of Executive Order 12988. Executive Order 13175, Consultation and Coordination With Indian Tribal Governments In accordance with Executive Order 13175, these supplementary rules do not include policies that have tribal implications. Paperwork Reduction Act The supplementary rules would not directly provide for any information collection that the Office of Management and Budget must approve under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et seq. Any information collection that may result from Federal criminal investigations or prosecutions conducted under these supplementary rules are exempt from the provisions of 44 U.S.C. 3518(c)(1). Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use cprice-sewell on DSK8KYBLC1PROD with NOTICES Under Executive Order 13211, the BLM has determined that the supplementary rules would not comprise a significant energy action, and that they would not have an adverse effect on energy supplies, production, or consumption. Author The principal author of these supplementary rules is John Bierk, State Staff Ranger, Bureau of Land Management, Colorado State Office, 2850 Youngfield Street, Lakewood, CO 80215. VerDate Mar<15>2010 13:40 Jun 09, 2010 Jkt 220001 Final Supplementary Rules for Public Land Administered by the Bureau of Land Management in Colorado Relating to Camping and Occupancy of Public Land For the reasons stated in the preamble, and under the authorities for supplemental rules found at 43 U.S.C. 1740, 43 U.S.C. 315a, and 43 CFR 8365.1–6, the Colorado State Director, Bureau of Land Management (BLM) issues these supplementary rules for public lands managed by the BLM in Colorado, to read as follows: Definitions 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 while engaged in recreational activities such as hiking, hunting, fishing, bicycling, sightseeing, off-road vehicle activities, or other generally recognized forms of recreation. Campground means any area specifically designated for overnight camping. Developed Campground means any campground that has been improved specifically for camping purposes and may include designated campsites, delineated spaces, structures, or improvements typically provided for camping purposes. Structures and improvements may include, but are not limited to, picnic tables, grills or fire rings, sanitary facilities, trash receptacles, potable water, locks, and information kiosks. User fees may be charged for the use of developed campgrounds and improvements. Day Use Area means any area open for public access only during daylight hours, typically between sunrise and sunset, or where specific hours of operation have been identified. Overnight use in these areas is specifically prohibited. Designated Recreation Area means an area officially designated by official order or notice, or identified in planning documents in which the BLM has determined the resources require special management and control measures for resource protection. Fee Area means any area open for public access where fees for use of the area are charged. Occupancy means full or part-time residence on public lands for nonrecreational purposes, such as temporary residence in connection with, or while seeking, employment in the PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 vicinity, or because another permanent residence is not available. It also means activities that involve residence, such as the construction, presence, or maintenance of temporary or permanent structures that may be used for such purposes, or the use of a watchman or caretaker for the purpose of monitoring activities. Residence or structures include, but are not limited to, barriers to access, fences, tents, motor homes, trailers, cabins, houses, buildings, and storage of equipment or supplies. Prohibited Acts Unless otherwise authorized, the following acts are prohibited on public lands within Colorado: 1. You must not camp longer than 14 days in any 30-day period, at any one location, including any campground on public land. 2. After the 14 days have been reached, you must move at least 30 air miles away from the previously occupied location. 3. You must not leave any personal property or refuse after vacating the campsite. This includes any property left for the purposes of use by another camper or occupant. 4. You must not leave personal property unattended in a campground, designated recreation area, or on any other public lands for more than 48 hours. Vehicles left parked for the purpose of overnight camping, hiking, river rafting or other authorized recreation activities are exempt. 5. You must not establish occupancy, take possession of, or otherwise use public lands for residential purposes except as allowed under 43 CFR 3715.2, 3715.2–1, 3715.5, 3715.6, or with prior written authorization from the BLM. 6. If an area charges fees, you must register if required, and pay fees within 30 minutes of entering the fee area. 7. You must not violate any State of Colorado or county laws or regulations relating to public health, safety, sanitation, building or fire codes while camping, occupying, or using public land. Exemptions The following persons are exempt from these rules: Any Federal, state, or local officer or employee acting within the scope of their duties; members of any organized rescue or fire-fighting force in performance of an official duty; and any person authorized, in writing, by the BLM. Penalties Under the Taylor Grazing Act of 1934, 43 U.S.C. 315a, any willful violation of these supplementary rules on public E:\FR\FM\10JNN1.SGM 10JNN1 Federal Register / Vol. 75, No. 111 / Thursday, June 10, 2010 / Notices lands within a grazing district shall be punishable by a fine of not more than $500. Under section 303(a) of the Federal Land Policy and Management Act of 1976, 43 U.S.C. 1733(a) and 43 CFR 8360.0–7, any person who violates any of these supplementary rules on public lands within Colorado may be tried before a United States Magistrate and fined no more than $1,000, imprisoned for no more than 12 months, or both. Such violations may also be subject to the enhanced fines provided for by 18 U.S.C. 3571. Lynn E. Rust, Acting State Director. [FR Doc. 2010–13960 Filed 6–9–10; 8:45 am] BILLING CODE 4310–JB–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–691] In the Matter of Certain Inkjet Ink Supplies and Components Thereof; Notice of Commission Determination Not To Review an Initial Determination Granting Motion To Amend the Notice of Investigation cprice-sewell on DSK8KYBLC1PROD with NOTICES AGENCY: U.S. International Trade Commission. ACTION: Notice. SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (‘‘ID’’) (Order No.15) granting a motion to amend the notice of investigation. FOR FURTHER INFORMATION CONTACT: James A. Worth, Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) 205–3065. Copies of non-confidential documents filed in connection with this investigation are or will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) 205–2000. General information concerning the Commission may also be obtained by accessing its Internet server at https://www.usitc.gov. The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at https:// edis.usitc.gov. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on (202) 205–1810. VerDate Mar<15>2010 13:40 Jun 09, 2010 Jkt 220001 This investigation was instituted on October 29, 2009, based upon a complaint filed on behalf of Hewlett-Packard Company of Palo Alto, California (‘‘HP’’) on September 23, 2009, and supplemented on October 7, 2009. 74 FR 55856 (Oct. 29, 2009). The complaint alleged violations of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain inkjet ink supplies and components thereof that infringe certain claims of U.S. Patent Nos. 6,959,985; 7,104,630 (‘‘the ‘630 patent’’); 6,089,687; and 6,264,301. The complaint named as respondents Zhuhai Gree MagnetoElectric Co. Ltd. of Guangdong, China; InkPlusToner.com of Canoga Park, California; Mipo International Ltd. of Kowloon, Hong Kong; Mextec Group, Inc. d/b/a Mipo America Ltd. of Miami, Florida; Shanghai Angel Printer Supplies Co. Ltd. of Shanghai, China; SmartOne Services LLC d/b/a InkForSale.net of Hayward, California; Shenzhen Print Media Co., Ltd. of Shenzhen, China; Comptree of City of Industry, California; Zhuhai National Resources & Jingjie Imaging Products Co., Ltd. of Guangdong, China; Tatrix International of Guangdong, China; and Ourway Image Co., of Guangdong China. On May 12, 2010, the Commission investigative attorney filed a motion pursuant to Commission Rule 210.14(b)(1) to amend the notice of investigation because, due to an inadvertent error, the notice of investigation does not reflect that HP asserted claims 11 and 27 of the ‘630 patent in its complaint. All of the respondents have either been terminated from the investigation on the basis of a settlement agreement or consent order or have been found in default. On May 14, 2010, the ALJ issued Order No. 15 granting the motion, finding good cause to amend the notice of investigation. No petitions for review were filed. The Commission has determined not to review the ID. The authority for the Commission’s determination is contained in section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in section 210.42 of the Commission’s Rules of Practice and Procedure (19 CFR 210.42). SUPPLEMENTARY INFORMATION: By order of the Commission. Issued: June 7, 2010. William R. Bishop, Acting Secretary to the Commission. [FR Doc. 2010–13939 Filed 6–9–10; 8:45 am] BILLING CODE P PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 32971 DEPARTMENT OF LABOR Comment Request for Agency Information Collection Activities: Extension of a Currently Approved Information Collection Without Revisions AGENCY: Employment and Training Administration, Department of Labor. ACTION: 60-day notice of information collection under review: Form ETA– 9033, Attestation by Employers using Alien Crewmembers for Longshore Activities at U.S. Ports; OMB Control No. 1205–0309. SUMMARY: The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden conducts a pre-clearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. Currently, the Employment and Training Administration is soliciting comments concerning Form ETA 9033 Attestation by Employers Using Alien Crewmembers for Longshore Activities. A copy of the proposed information collection request (ICR) can be obtained by contacting the office listed below in the addressee section of this notice. DATES: Written comments must be submitted to the office listed in the addressee section below on or before August 9, 2010. ADDRESSES: William L. Carlson, Administrator, Office of Foreign Labor Certification, U.S. Department of Labor, Room C4312, 200 Constitution Ave., NW., Washington, DC 20210; telephone: (202) 693–3010 (this is not a toll-free number); fax: (202) 693–2768; or e-mail: ETA.OFLC.Forms@dol.gov subject line: Form 9033. SUPPLEMENTARY INFORMATION: I. Background The information collection is required by section 258 of the Immigration and Nationality Act (INA) (8 U.S.C. 1288). The INA has a prevailing practice exception to the general prohibition on the performance of longshore work by alien crewmembers in U.S. ports. Under the prevailing practice exception, before E:\FR\FM\10JNN1.SGM 10JNN1

Agencies

[Federal Register Volume 75, Number 111 (Thursday, June 10, 2010)]
[Notices]
[Pages 32968-32971]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-13960]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLCO910000, L71220000.PN0000, LVTFC002CO00]


Final Supplementary Rules for Public Land Administered by the 
Bureau of Land Management in Colorado Relating to Camping and Occupancy 
of Public Lands

AGENCY: Bureau of Land Management, Interior.

ACTION: Final supplementary rules for public lands in Colorado.

-----------------------------------------------------------------------

SUMMARY: The Bureau of Land Management (BLM) is amending supplementary 
rules relating to camping on public lands in Colorado. These rules 
extend the time the public must remain absent from a site once the 
current 14-day camping stay limit is reached. They also require that 
once campers have camped for 14 days, they must move away from that 
particular location for 30 days, rather than seven days, before 
returning. These rules are needed to further protect natural resources 
and provide for public health and safety. These supplementary rules 
will be more consistent with camping and occupancy regulations on 
public lands in other western states.

DATES: Effective Date: These rules are effective July 12, 2010.

ADDRESSES: You may send inquiries by mail to the Office of Law 
Enforcement, BLM, Colorado State Office, 2850 Youngfield Street, 
Lakewood, Colorado 80215, or by e-mail to John_Bierk@blm.gov.

FOR FURTHER INFORMATION CONTACT: John Bierk, Colorado State Office, 
2850 Youngfield Street, Lakewood, CO 80215, telephone (303) 239-3893. 
Persons who use a telecommunications device for the deaf (TDD) may 
contact this individual by calling the Federal Information Relay 
Service (FIRS) at (800) 877-8339, 24 hours a day, seven days a week.

SUPPLEMENTARY INFORMATION: 
I. Authority
II. Background
III. Discussion of Public Comments
IV. Discussion of Final Rule
V. Procedural Matters

I. Authority: 43 U.S.C. 1740, 43 U.S.C. 315a, and 43 CFR 8365.1-6

II. Background

    The BLM proposed these supplementary rules in the Federal Register 
(73 FR 6999) on Feb. 6, 2008, to update supplementary rules published 
in 1990 that were no longer effective in managing camping and occupancy 
on public land. In addition, the 1990 supplementary regulations were 
inconsistent with the camping and occupancy regulations on public land 
in other western states.

III. Discussion of Public Comments

    The BLM received no comments on the proposed rules.

IV. Discussion of Final Rule

    The BLM revised the final rule to clarify the description of 
locations to include campgrounds, clarify the 14-day stay limit, and 
clarify penalties under the Taylor Grazing Act of 1934. The BLM revised 
the final rule to change the amount of time unattended property could 
be left on public land from 24 hours to 48 hours. This change was made 
so that legitimate and authorized recreational use was not adversely 
affected. In the final rule, unattended property in day use areas was 
excluded so the final rule would remain consistent with time limits 
found in 43 CFR 8365.2-3(c). Prohibited acts 6, 7, and 9 in the 
proposed supplemental rules were removed because similar regulations 
already exist in Title 43 CFR. The BLM also revised the final rule to 
change the time when fees need to be paid upon entering a fee site from 
30 minutes after occupying any camp

[[Page 32969]]

site to within 30 minutes of entering the fee area. Otherwise, with the 
exception of minor non-substantive grammatical and formatting changes, 
the final rules remain as proposed.
    The current camping stay limit was published in the Federal 
Register (55 FR 13672) on April 11, 1990, and, while it limited 
occupancy of any site to 14 days, it only required departure for seven 
days, or removal to a new site no less than three miles away before 
returning to the site. As a result, certain users have taken advantage 
of the existing rules and established long-term residency under the 
pretext of camping. Residential occupancy, which frequently includes 
illegal campfire use, vegetation trampling, unauthorized vehicle use, 
and trash dumping, often interferes with legitimate recreational use of 
public lands, creates sanitation and other potential health concerns, 
causes damage to resources, and occasionally poses dangers to other 
visitors. These new rules differ from the notice published in 1990 by 
increasing the distance campers must move after reaching the 14-day 
limit from three miles to 30 miles, consistent with camping regulations 
on public lands in other western states. The 1990 notice stated that 
following the 14-day period, people may not relocate within that area 
for a minimum of seven days; these rules extend that time period to 30 
days, also consistent with camping regulations on public lands in other 
western states. Additional provisions limit the occurrence of 
unattended campsites that are being established for the purpose of 
securing campsite locations for later use.
    These supplementary rules apply to all public lands in Colorado. 
These rules are necessary to enhance the protection of natural 
resources, provide for safe public recreation and public health, reduce 
the potential for damage to the environment, encourage greater fee 
compliance, and improve the safety of public land users. Individual 
field offices may issue separate regulations relating to camping and 
occupancy that are more, but not less, restrictive. This notice does 
not affect more restrictive camping limits that may already be in place 
for certain areas.

V. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    These supplementary rules would 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 would not have an effect of $100 million or more on the economy. 
They 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. These 
supplementary rules would not create a serious inconsistency or 
otherwise interfere with an action taken or planned by another agency. 
These supplementary rules would not 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.

Clarity of the Regulations

    Executive Order 12866 requires each agency to write regulations 
that are simple and easy to understand. The BLM invites your comments 
on how to make these supplementary rules easier to understand, 
including answers to questions such as the following:
    1. Are the requirements in the supplementary rules clearly stated?
    2. Do the supplementary rules contain technical language or jargon 
that interferes with their clarity?
    3. Does the format of the supplementary rules (grouping and order 
of sections, use of headings, paragraphing, etc.) aid or reduce 
clarity?
    4. Is the description of the supplementary rules in the 
SUPPLEMENTARY INFORMATION section of this preamble helpful in 
understanding the supplementary rules? How could this description be 
more helpful in making the supplementary rules easier to understand?
    Please send any comments you have on the clarity of the rule to the 
addresses specified in the ADDRESSES section.

National Environmental Policy Act

    The BLM prepared an environmental assessment (EA) and found that 
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 
(NEPA), 42 U.S.C. 4332(2)(C). The BLM placed the EA and the Finding of 
No Significant Impact on file in the BLM Administrative Record, and 
invites the public to review these documents at the address specified 
in the ADDRESSES section.

Regulatory Flexibility Act

    Congress enacted the Regulatory Flexibility Act (RFA) of 1980, as 
amended (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. These supplementary rules merely 
establish rules of conduct for camping and occupancy on public lands. 
Therefore, the BLM has determined under the RFA that the supplementary 
rules would 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 in 5 U.S.C. 804(2). The supplementary rules pertain only to 
individuals who may wish to occupy public lands for residential 
purposes under the pretext of camping, or maintain, construct, place, 
occupy or use any structure in violation of state or county health, 
building, sanitation or fire codes. In this respect, the regulation of 
such use is necessary to protect public lands, the facilities, and 
people, including small business concessionaires and outfitters, who 
use them. The supplementary rules do not affect commercial or business 
activities of any kind.

Unfunded Mandates Reform Act

    These supplementary rules would not impose an unfunded mandate on 
state, local or tribal governments or the private sector of more than 
$100 million per year; nor would they have a significant or unique 
effect on small governments. The rules would have no effect on 
governmental or tribal entities and would impose no requirements on any 
of these entities. The supplementary rules merely establish rules of 
conduct for the use of public lands and do not affect tribal, 
commercial, or business activities of any kind. Therefore, the BLM is 
not required to prepare a statement containing the information required 
by the Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.).

Executive Order 12630, Governmental Actions and Interference With 
Constitutionally Protected Property Rights (Takings)

    These supplementary rules would not represent a government action 
capable of interfering with constitutionally protected property rights. 
Therefore, the Department of the Interior has determined that the 
supplementary rules would not cause a taking of private property or 
require further discussion of takings implications under this Executive 
Order.

[[Page 32970]]

Executive Order 13132, Federalism

    The supplementary rules would not have a substantial direct effect 
on the states, on the relationship between the national government and 
the states, or on the distribution of power and responsibilities among 
the various levels of government. Therefore, in accordance with 
Executive Order 13132, the BLM has determined that these supplementary 
rules would 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 these 
supplementary rules would not unduly burden the judicial system and 
that they meet the requirements of sections 3(a) and 3(b)(2) of 
Executive Order 12988.

Executive Order 13175, Consultation and Coordination With Indian Tribal 
Governments

    In accordance with Executive Order 13175, these supplementary rules 
do not include policies that have tribal implications.

Paperwork Reduction Act

    The supplementary rules would not directly provide for any 
information collection that the Office of Management and Budget must 
approve under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et 
seq. Any information collection that may result from Federal criminal 
investigations or prosecutions conducted under these supplementary 
rules are exempt from the provisions of 44 U.S.C. 3518(c)(1).

Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    Under Executive Order 13211, the BLM has determined that the 
supplementary rules would not comprise a significant energy action, and 
that they would not have an adverse effect on energy supplies, 
production, or consumption.

Author

    The principal author of these supplementary rules is John Bierk, 
State Staff Ranger, Bureau of Land Management, Colorado State Office, 
2850 Youngfield Street, Lakewood, CO 80215.

Final Supplementary Rules for Public Land Administered by the Bureau of 
Land Management in Colorado Relating to Camping and Occupancy of Public 
Land

    For the reasons stated in the preamble, and under the authorities 
for supplemental rules found at 43 U.S.C. 1740, 43 U.S.C. 315a, and 43 
CFR 8365.1-6, the Colorado State Director, Bureau of Land Management 
(BLM) issues these supplementary rules for public lands managed by the 
BLM in Colorado, to read as follows:

Definitions

    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 while 
engaged in recreational activities such as hiking, hunting, fishing, 
bicycling, sightseeing, off-road vehicle activities, or other generally 
recognized forms of recreation.
    Campground means any area specifically designated for overnight 
camping.
    Developed Campground means any campground that has been improved 
specifically for camping purposes and may include designated campsites, 
delineated spaces, structures, or improvements typically provided for 
camping purposes. Structures and improvements may include, but are not 
limited to, picnic tables, grills or fire rings, sanitary facilities, 
trash receptacles, potable water, locks, and information kiosks. User 
fees may be charged for the use of developed campgrounds and 
improvements.
    Day Use Area means any area open for public access only during 
daylight hours, typically between sunrise and sunset, or where specific 
hours of operation have been identified. Overnight use in these areas 
is specifically prohibited.
    Designated Recreation Area means an area officially designated by 
official order or notice, or identified in planning documents in which 
the BLM has determined the resources require special management and 
control measures for resource protection.
    Fee Area means any area open for public access where fees for use 
of the area are charged.
    Occupancy means full or part-time residence on public lands for 
non-recreational purposes, such as temporary residence in connection 
with, or while seeking, employment in the vicinity, or because another 
permanent residence is not available. It also means activities that 
involve residence, such as the construction, presence, or maintenance 
of temporary or permanent structures that may be used for such 
purposes, or the use of a watchman or caretaker for the purpose of 
monitoring activities. Residence or structures include, but are not 
limited to, barriers to access, fences, tents, motor homes, trailers, 
cabins, houses, buildings, and storage of equipment or supplies.

Prohibited Acts

    Unless otherwise authorized, the following acts are prohibited on 
public lands within Colorado:
    1. You must not camp longer than 14 days in any 30-day period, at 
any one location, including any campground on public land.
    2. After the 14 days have been reached, you must move at least 30 
air miles away from the previously occupied location.
    3. You must not leave any personal property or refuse after 
vacating the campsite. This includes any property left for the purposes 
of use by another camper or occupant.
    4. You must not leave personal property unattended in a campground, 
designated recreation area, or on any other public lands for more than 
48 hours. Vehicles left parked for the purpose of overnight camping, 
hiking, river rafting or other authorized recreation activities are 
exempt.
    5. You must not establish occupancy, take possession of, or 
otherwise use public lands for residential purposes except as allowed 
under 43 CFR 3715.2, 3715.2-1, 3715.5, 3715.6, or with prior written 
authorization from the BLM.
    6. If an area charges fees, you must register if required, and pay 
fees within 30 minutes of entering the fee area.
    7. You must not violate any State of Colorado or county laws or 
regulations relating to public health, safety, sanitation, building or 
fire codes while camping, occupying, or using public land.

Exemptions

    The following persons are exempt from these rules: Any Federal, 
state, or local officer or employee acting within the scope of their 
duties; members of any organized rescue or fire-fighting force in 
performance of an official duty; and any person authorized, in writing, 
by the BLM.

Penalties

    Under the Taylor Grazing Act of 1934, 43 U.S.C. 315a, any willful 
violation of these supplementary rules on public

[[Page 32971]]

lands within a grazing district shall be punishable by a fine of not 
more than $500.
    Under section 303(a) of the Federal Land Policy and Management Act 
of 1976, 43 U.S.C. 1733(a) and 43 CFR 8360.0-7, any person who violates 
any of these supplementary rules on public lands within Colorado may be 
tried before a United States Magistrate and fined no more than $1,000, 
imprisoned for no more than 12 months, or both. Such violations may 
also be subject to the enhanced fines provided for by 18 U.S.C. 3571.

Lynn E. Rust,
Acting State Director.
[FR Doc. 2010-13960 Filed 6-9-10; 8:45 am]
BILLING CODE 4310-JB-P