Notice of Proposed Supplementary Rules for Public Lands in Colorado: Public Lands Administered by the Bureau of Land Management, Royal Gorge Field Office, Arkansas River Travel Management Area in Chaffee, Custer, and Fremont Counties, CO, 43200-43202 [2010-18051]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Land Management
• Land Management Bureau

[Federal Register Volume 75, Number 141 (Friday, July 23, 2010)]
[Notices]
[Pages 43200-43202]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-18051]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLCOF0200-L12200000-DU0000]


Notice of Proposed Supplementary Rules for Public Lands in 
Colorado: Public Lands Administered by the Bureau of Land Management, 
Royal Gorge Field Office, Arkansas River Travel Management Area in 
Chaffee, Custer, and Fremont Counties, CO

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of proposed supplementary rules.

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SUMMARY: The Bureau of Land Management (BLM) in Colorado is proposing 
supplementary rules for public lands included in the Arkansas River 
Travel Management Area in Chaffee, Custer, and Fremont Counties, 
Colorado. These rules would implement several decisions from the 
Arkansas River Travel Management Plan (TMP), approved May 21, 2008. The 
proposed supplementary rules address off-road vehicle use, mountain 
bike use, and recreational target shooting.

DATES: Please send comments to the following address by September 21, 
2010. Comments received or postmarked after this date may not be 
considered in the development of the final supplementary rules.

ADDRESSES: Please mail comments to Leah Quesenberry, BLM Royal Gorge 
Field Office, 3028 East Main Street, Ca[ntilde]on City, Colorado 81212, 
or e-mail comments to rgfo_comments@blm.gov and include ``Proposed 
Supplementary Rules'' in the subject line.

FOR FURTHER INFORMATION CONTACT: Leah Quesenberry, Royal Gorge Field 
Office, (719) 269-8500, e-mail leah_quesenberry@blm.gov.

SUPPLEMENTARY INFORMATION:

I. Public Comment Procedures

    You may mail or hand-deliver comments to Leah Quesenberry, BLM 
Royal Gorge Field Office, 3028 East Main Street, Ca[ntilde]on City, 
Colorado 81212, or e-mail comments to rgfo_comments@blm.gov and 
include ``Proposed Supplementary Rules'' in the subject line. Written 
comments on the proposed supplementary rules should be specific, be 
confined to issues pertinent to the proposed supplementary rules, and 
explain the reason for any recommended change. Where possible, comments 
should reference the specific section or paragraph of the rules that 
the comment is addressing. The BLM is not obligated to consider or 
include in the Administrative Record for the supplementary rules 
comments that the BLM receives after the close of the comment period 
(see DATES), unless they are postmarked or electronically dated before 
the deadline, or comments delivered to an address other than the 
address listed above (see ADDRESSES).
    Comments, including names, street addresses, and other contact 
information of respondents, will be available for public review at the 
BLM Royal Gorge Field Office, 3028 East Main Street, Ca[ntilde]on City, 
Colorado 81212, during regular business hours (7:30 a.m. to 3:45 p.m., 
Monday through Friday, except Federal 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 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.

II. Background

    A ``Notice of Intent to Prepare the Arkansas River TMP and Amend 
the Royal Gorge Resource Management Plan'' was published in the Federal 
Register on June 9, 2003 (68 FR 34417). The completion of the Arkansas 
River TMP Environmental Assessment (EA) began a 45-day public comment 
period on June 19, 2007. Following analysis of the public comments, a 
decision on the Arkansas River TMP was issued on May 21, 2008. These 
proposed supplementary rules would allow the BLM to increase law 
enforcement efforts focused on mitigating damage to natural resources 
and provide for public health and safety.

III. Discussion of Proposed Supplementary Rules

    Under the authority of 43 U.S.C. 1733(a) and 43 CFR 8365.1-6, these 
proposed supplementary rules would implement certain decisions from the 
Arkansas River TMP that enhance public safety; protect natural and 
cultural resources; eliminate motorized and non-motorized impacts on 
sensitive species habitat; and reduce conflicts among public land 
users.
    The Arkansas River Travel Management Area covers public lands 
located within Chaffee, Custer, and Fremont Counties, Colorado.

New Mexico Principal Meridian, Colorado

Tps. 49 thru 51 N., R. 8 E.
Tps. 48 thru 50 N., R. 9 E.
Tps. 47 thru 49 N., R. 10 E.
Tps. 47 thru 49 N., R. 11 E.
Tps. 47 thru 49 N., R. 12 E.

Sixth Principal Meridian, Colorado

Tps. 18 and 19 S., R. 70 W.
Tps. 18 thru 22 S., R. 71 W.
Tps. 17 thru 22 S., R. 72 W.
Tps. 17 thru 22 S., R. 73 W.
    Containing 240,555 acres of public land, more or less.

IV. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    These supplementary rules are not a significant regulatory action 
and are not subject to review by Office of Management and Budget under 
Executive Order 12866. These rules will not have an effect of $100 
million or

[[Page 43201]]

more on the economy. These rules will 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 rules will not create a serious 
inconsistency or otherwise interfere with an action taken or planned by 
another agency. These rules do not materially 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. These supplementary rules will not affect legal 
commercial activity, but merely impose limitations on certain 
recreational activities on certain public lands to protect natural 
resources and human health and safety.

Clarity of the Supplementary Rules

    Executive Order 12866 requires each agency to write regulations 
that are simple and easy to understand. In addition to written comments 
requested on substantive issues pertinent to the proposed supplementary 
rules, we invite 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 proposed supplementary rules 
clearly stated?
    (2) Do the proposed supplementary rules contain technical language 
or jargon that interferes with their clarity?
    (3) Does the format of the proposed supplementary rules (grouping 
and order of sections, use of headings, paragraphing, etc.) aid or 
reduce its clarity?
    (4) Would the proposed supplementary rules be easier to understand 
if they were divided into more (but shorter) sections?
    (5) Is the description of the proposed supplementary rules in the 
``Discussion of Proposed Supplementary Rules'' section of this preamble 
helpful in understanding these proposed supplementary rules? How could 
this description be more helpful in making the proposed supplementary 
rules easier to understand?
    Please send any comments you have on the clarity of the proposed 
supplementary rules to the address specified in the ADDRESSES section.

National Environmental Policy Act

    The BLM prepared an EA (CO-200-2006-0086EA) in support of the 
Arkansas River TMP, including the decisions set forth in these 
supplementary rules and found that the plan decisions would 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, 42 U.S.C. 4332(2)(C). The BLM has placed the 
EA, Finding of No Significant Impact, and Decision Record on file in 
the BLM Administrative Record at the address specified in the ADDRESSES 
section.

Regulatory Flexibility Act

    Congress enacted the Regulatory Flexibility Act of 1980 (RFA), 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 rules should have no effect 
on business entities of any size. These rules would merely impose 
reasonable restrictions on certain recreational activities on certain 
public lands to protect natural resources and the environment and human 
health and safety. Therefore, the BLM has determined under the RFA that 
these rules would not have a significant economic impact on a 
substantial number of small entities.

Small Business Regulatory Enforcement Fairness Act

    These supplementary rules are not a ``major rule'' as defined at 5 
U.S.C. 804(2). These rules would merely impose reasonable restrictions 
on certain recreational activities on certain public lands to protect 
natural resources and the environment and human health and safety. 
These rules would not:
    (1) Have an annual effect on the economy of $100 million or more;
    (2) Cause a major increase in costs or prices for consumers, 
individual industries, Federal, State, or local agencies, or geographic 
regions; or
    (3) Have significant adverse effects on competition, employment, 
investment, productivity, innovation, or on the ability of United 
States-based enterprises to compete with foreign-based enterprises in 
domestic and export markets.

Unfunded Mandates Reform Act

    These supplementary rules do not impose an unfunded mandate on 
State, local, or tribal governments, or the private sector of more than 
$100 million per year; nor do these supplementary rules have a 
significant or unique effect on State, local, or tribal governments or 
the private sector. These supplementary rules have no effect on State, 
local, or tribal governments and do not impose any requirements on any 
of these entities.
    They would merely impose reasonable restrictions on certain 
recreational activities on certain public lands to protect natural 
resources and the environment and human health and safety. 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 do not represent a government action 
capable of interfering with constitutionally protected property rights. 
The supplementary rules do not address property rights in any form, and 
do not cause the impairment of one's property rights. Therefore, the 
BLM has determined that these rules would not cause a ``taking'' of 
private property or require further discussion of takings implications 
under this Executive Order.

Executive Order 13132, Federalism

    The supplementary rules will 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. These supplementary rules do not 
conflict with any Colorado State law or regulation and government 
vehicles are expressly excluded from the effect of the vehicle 
restrictions. The shooting restrictions in these supplementary rules do 
not apply to hunting with a state hunting license. Therefore, in 
accordance with Executive Order 13132, the BLM has determined that 
these rules do not have sufficient Federalism implications to warrant 
preparation of a Federalism Assessment.

Executive Order 12988, Civil Justice Reform

    Under Executive Order 12988, the BLM Colorado State Office has 
determined that these rules would not unduly burden the judicial system 
and that they meet the requirements of sections 3(a) and 3(b) (2) of 
the Order.

Executive Order 13175, Consultation and Coordination With Indian Tribal 
Governments

    In accordance with Executive Order 13175, the BLM found that these 
supplementary rules do not include

[[Page 43202]]

policies that have tribal implications because tribal lands and 
resources would not be impacted by these supplementary rules. However, 
formal consultation with 16 tribes was completed for the Arkansas River 
TMP.

Information Quality Act

    In developing these supplementary rules, we did not conduct or use 
a study, experiment or survey requiring peer review under the 
Information Quality Act (section 515 of Pub. L. 106-554).

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

    These supplementary rules do not comprise a significant energy 
action. These rules will not have an adverse effect on energy supply, 
production, or consumption and have no connection with energy policy.

Executive Order 13352, Facilitation of Cooperative Conservation

    In accordance with Executive Order 13352, the BLM has determined 
that the supplementary rules will not impede facilitating cooperative 
conservation; will take appropriate account of and consider the 
interests of persons with ownership or other legally recognized 
interests in land or other natural resources; properly accommodate 
local participation in the Federal decision-making process; and provide 
that the programs, projects, and activities are consistent with 
protecting public health and safety. These rules merely establish rules 
of conduct for recreational use of certain public lands.

Paperwork Reduction Act

    These supplementary rules do 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.

Author

    The principal author of these proposed supplementary rules is Leah 
Quesenberry, Renewable Resources Staff Supervisor, BLM, Royal Gorge 
Field Office.
    For the reasons stated in the Preamble, and under the authority of 
43 U.S.C. 1733(a) and 43 CFR 8365.1-6, the BLM proposes to issue 
supplementary rules for the public lands within the Arkansas River TMP 
area, Colorado, to read as follows:

Supplementary Rules for the Arkansas River Travel Management Plan Area

    1. You must not operate a motor vehicle more than 100 feet in any 
direction off a designated road in the Arkansas River Travel Management 
Plan (TMP) area.
    2. You must not ride mountain bicycles other than on roads and 
trails designated open to mountain bicycles by a Bureau of Land 
Management (BLM) sign or map in the Arkansas River TMP area.
    3. You must not engage in recreational target shooting on public 
lands in the Methodist Mountain area south of Salida (2,314 acres) and 
the Turkey Rock area near Howard (361 acres), which are identified as 
closed to recreational target shooting by a BLM sign or map.
    4. You may not operate a motorized vehicle within the area known as 
Turkey Rock (52 acres) unless it is a motorcycle specifically designed 
for observed trials riding, including rear wheel drive and universal 
trial tires with a width that does not exceed a 4.00 inch cross-
section.

Exceptions

    These supplementary rules do not apply to emergency, law 
enforcement, and Federal or other government vehicles while being used 
for official or other emergency purposes, or to any other vehicle use 
that is expressly authorized or otherwise officially approved by the 
BLM. The prohibition of target shooting in Rule 3 has no effect on 
hunting by licensed hunters in legitimate pursuit of game during the 
proper season with appropriate firearms, as defined by the Colorado 
Division of Wildlife.

Penalties

    On public lands 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 may be tried 
before a United States Magistrate and fined no more than $1,000 or 
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.

Helen M. Hankins,
Colorado State Director.
[FR Doc. 2010-18051 Filed 7-22-10; 8:45 am]
BILLING CODE 4310-JB-P