Establishment of Interim Final Supplementary Rules for Public Lands Managed by the Carrizo Plain National Monument in Kern and San Luis Obispo Counties, CA, 75649-75653 [2012-30732]
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Federal Register / Vol. 77, No. 246 / Friday, December 21, 2012 / Notices
by the BLM in the following Western
States: Alaska, Arizona, California,
Colorado, Idaho, Kansas, Montana,
Nevada, North and South Dakota, New
Mexico, Oklahoma, Oregon, Texas,
Utah, Washington, and Wyoming. The
purpose of the proposed action is to
expand the BLM’s vegetation treatment
program to allow herbicide treatments
with aminopyralid, fluroxypyr, and
rimsulfuron. This action would increase
the number of active ingredients
approved for use, and would give the
BLM increased flexibility and options
when designing herbicide treatments.
The BLM has initially identified the
following issues for analysis in this
programmatic EIS: Effects of herbicides
and inert ingredients used in herbicide
formulations on human, vegetation, fish
and wildlife, livestock, and wild horse
and burro health; water quality; Native
American resources and resource use;
and the cumulative use of these and
other herbicides by the BLM and other
landowners in the Western U.S.
The BLM will follow NEPA public
participation requirements to assist the
agency in satisfying public involvement
requirements under Section 106 of the
National Historic Preservation Act
(NHPA) (16 U.S.C. 470(f)) pursuant to
36 CFR 800.2(d) (3). The information
about historic and cultural resources
within the area potentially affected by
the proposed action will assist the BLM
in identifying and evaluating impacts to
such resources in the context of both
NEPA and Section 106 of the NHPA.
The BLM will consult with Indian tribes
on a government-to-government basis in
accordance with Executive Order 13175
and other policies. Tribal concerns,
including impacts on Indian trust assets
and potential impacts to cultural
resources, will be given due
consideration. Federal, State, and local
agencies, along with tribes and other
stakeholders that may be interested in or
affected by the proposed action that the
BLM is evaluating, are invited to
participate in the scoping process. If
eligible, you may request, or be
requested by the BLM, to participate in
the development of the environmental
analysis as a cooperating agency.
The BLM will hold the following
scoping meetings to seek public
comments to identify any issues
surrounding the agency’s proposal to
prepare the EIS:
January 7, 2013—7 p.m., Worland
Community Center Complex, 1200
Culbertson Ave., Worland, Wyoming;
January 9, 2013—7 p.m., Hyatt Place,
1790 East Plumb Lane, Reno, Nevada;
and
January 10, 2013—7 p.m., BLM
Albuquerque District Office, 435
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Montano Rd. NE., Albuquerque, New
Mexico.
Before including your address, phone
number, email 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 may request in your
comment that your personal identifying
information be withheld from public
review, we cannot guarantee that we
will be able to do so.
Authority: 40 CFR 1501.7.
Edwin Roberson,
Assistant Director, Renewable Resources and
Planning.
[FR Doc. 2012–30838 Filed 12–20–12; 8:45 am]
BILLING CODE 4310–84–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLCAC069000–L17110000–AL0000]
Establishment of Interim Final
Supplementary Rules for Public Lands
Managed by the Carrizo Plain National
Monument in Kern and San Luis
Obispo Counties, CA
Bureau of Land Management,
Interior.
ACTION: Notice.
AGENCY:
The California State Director
for the Bureau of Land Management
(BLM) is establishing interim final
supplementary rules and requests
public comments. These interim final
supplementary rules will become
effective immediately upon their
publication in the Federal Register and
will apply to public lands within the
Carrizo Plain National Monument in
Kern and San Luis Obispo Counties,
California (Monument). The BLM has
determined that these interim final
supplementary rules are necessary to
promote the health and sustainability of
the Carrizo Plain National Monument,
while reducing the risks to the
Monument’s ecosystem that, if left
unchecked, could cause undue
ecological degradation. These rules are
in accordance with the Approved
Resource Management Plan and Record
of Decision (RMP/ROD) for the
Monument.
DATES: The interim final supplementary
rules are effective immediately and
remain in effect until modified or
rescinded by the publication of final
supplementary rules. The BLM invites
comments until February 19, 2013.
Comments received, postmarked, or
SUMMARY:
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75649
electronically dated after that date will
not necessarily be considered in the
development of final supplementary
rules.
Please mail or hand deliver
all comments concerning the interim
final supplementary rules to the Bureau
of Land Management, Attention: Ryan
Cooper, BLM Bakersfield Field Office,
3801 Pegasus Drive, Bakersfield, CA
93308.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Ryan Cooper, 3801 Pegasus Drive,
Bakersfield, CA 93308, 661–391–6048 or
racooper@blm.gov.
SUPPLEMENTARY INFORMATION:
I. Public Comment Procedures
The public is invited to provide
comments on these interim final
supplementary rules. See DATES and
ADDRESSES for information on
submitting comments. Written
comments on the interim final
supplementary rules should be specific,
confined to issues pertinent to the
interim final supplementary rules, and
explain the reason for any
recommended change. Comments
requesting changes to decisions in the
RMP/ROD would be outside the scope
of this rulemaking.
Where possible, comments should
reference a specific provision of these
interim final supplementary rules. The
BLM need not consider or include in the
Administrative Record: (a) 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 (b)
Comments delivered to an address other
than one of those listed above (see
ADDRESSES).
Comments, including names, street
addresses, and other contact
information of respondents, will be
available for public review at the BLM
Bakersfield Field Office, 3801 Pegasus
Drive, Bakersfield, CA 93308 during
regular business hours of 7:30 a.m. to
4:15 p.m., Monday through Friday,
except Federal holidays. Individual
respondents may request
confidentiality. However, before
including your address, telephone
number, email 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.
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II. Background
The Carrizo Plain National Monument
Presidential Proclamation (Monument
Proclamation) of January 17, 2001,
established the Monument in
recognition of its exceptional objects of
scientific and historic interest.
Previously, the BLM had managed the
area in accordance with the Carrizo
Plain Natural Area Management Plan of
1996. Under the guidance of that plan,
the State Director established
supplementary rules for the Natural
Area at 62 FR 54126 (Oct. 17, 1997). The
RMP/ROD for the Monument, signed
April 10, 2010, provides for those
supplementary rules to remain in effect.
The supplementary rules put in place by
this notice are in addition to rules
established in 1997.
The Monument comprises
approximately 200,000 acres in Kern
and San Luis Obispo counties of
California. Maps identifying the
management boundaries are included in
the RMP/ROD.
Sections 302 and 310 of the Federal
Land Policy and Management Act of
1976 (43 U.S.C. 1732 and 1740) provide
the overall authority for the BLM’s
management of the Monument. The
BLM is establishing these interim final
supplementary rules 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.
These interim final supplementary
rules are available for inspection in the
BLM Bakersfield Field Office and on the
Web site for the Monument: https://
www.blm.gov/ca/st/en/fo/bakersfield/
Programs/carrizo.html. Upon
publication of these interim final
supplementary rules, the BLM will send
a news release to all newspapers of
general circulation in the affected
vicinity.
The supplementary rules outlined in
this notice are designed to immediately
and effectively address risks to the
ecosystem of the Carrizo Plains National
Monument, which include but are not
limited to: Threats to the health and
sustainability of majestic grasslands and
native endangered, threatened and rare
flora and wildlife species, and world
class archaeological sites. Protecting
these values remains the utmost concern
and mission of the Monument.
During the planning process that led
to the RMP/ROD, the BLM took the
following steps to involve the public in
developing the plan decisions that
provided a basis for the interim final
supplementary rules:
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• The BLM held three scoping
meetings for the Carrizo RMP between
April and June of 2007 in the planning
area. The BLM also met with the Native
American Advisory Council for local
Indian tribes and the Monument
Advisory Committee (MAC).
• The Draft RMP/EIS, which included
supplementary rules, was available for a
90-day public comment period
beginning in January 2009. The BLM
held three public meetings throughout
the planning area and met with the
MAC, which is composed of our
managing partners, and the Native
American Advisory Council during the
development of this document.
• The BLM released the Proposed
RMP and Final EIS, which included the
supplemental rules, in November 2009
for a 30-day protest period.
• The MAC, with representatives
from diverse interest groups, and
members of the public participated
throughout the planning process. The
State of California determined that the
Proposed RMP/Final EIS is consistent
with State and local plans.
• The BLM summarized all public
comments and addressed them in the
Final EIS published April 2010. All
decisions related to these interim final
supplementary rules were analyzed in
the Final EIS.
The following were among the
resource protection concerns that were
identified during this extensive public
participation in the planning process:
• Incidents of vehicle use off
designated routes;
• Poaching and misidentification of
target species;
• Degradation of cultural sites; and
• Damage to natural resources,
including threatened and endangered
species.
The BLM therefore finds that prior
notice and public comment are contrary
to the public interest, and finds good
cause to publish these supplementary
rules on an interim final basis, effective
immediately upon the date of
publication.
III. Discussion of Interim Final
Supplementary Rules
These interim final supplementary
rules implement provisions for visitor
use and resource protection identified
in the RMP/ROD at Attachment 7,
‘‘Supplementary Rules for Public Use.’’
Prohibition Against Use of Replica
Weapons
Any use of replica weapons (such as
paintball, airsoft, or war game
apparatus) is prohibited on the
Monument. The use of these types of
weapons leaves behind debris that
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could be harmful to plants and animals
that are protected on the Monument.
Also, these devices often are convincing
reproductions that could be mistaken
for real weapons by law enforcement
officers.
Street-Legal Vehicles
Recently there has been a noticeable
increase in Off-Highway Vehicle (OHV)
use in the Monument. Monument
resources, including the majestic
grasslands that offer refuge for
endangered, threatened, and rare plant
and animal species, are highly
susceptible to damage from OHV use.
The significant fossil assemblages and
cultural artifacts associated with the
Monument are also susceptible to OHV
damage. This led to the determination
during the planning process that nonstreet-legal vehicles generally are not
compatible with the Monument
Proclamation.
Only street-legal vehicles, i.e. those
licensed for use on public roads, are
permitted on routes within the
Monument, unless:
• The vehicle is a military, fire,
emergency, or law enforcement vehicle
being used for emergency purposes;
• The vehicle is expressly authorized
by the BLM, or otherwise officially
approved; or,
• The vehicle is being used on a
portion of the Temblor Ridge Road from
T31S, R21E, Section 23 to T11N, R24W,
Section 7, allowing connectivity to the
eastern slopes of the Temblors; is
registered with the State off-highway
vehicle program; and displays a red or
green State-issued sticker. Staging and
trailering of non-street-legal vehicles are
prohibited activities along Temblor
Ridge Road.
Control of Pets
In an area as well traveled and visited
as the Monument, which has seen an
increase in recent years in the numbers
of visitors, pets escaping from owner
control pose a very real liability to the
sustainability and overall health of
Carrizo Plain National Monument. Pets,
if left unrestrained, may spread diseases
and the seeds of noxious weeds, as well
as kill or harm local wildlife and flora.
These actions are in stark contrast with
the Monument’s mission of protecting
and conserving native wildlife and
landscapes. Therefore, to prevent
wildlife depredation or other ecological
damage, pets must be leashed or caged
at all developed sites including visitor
centers, interpretive overlooks, and
camping areas. Pets include dogs, cats,
and birds. In some areas, pets may be
excluded completely.
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Prohibition Against Commercial Still
and Video Photography of Pictograph
Images
These interim final supplementary
rules prohibit still and video
photography for commercial use of the
pictograph and petroglyph images found
within the Monument. Pictographs are
images painted upon stone surfaces, and
petroglyphs are images carved into the
stone surfaces by Native American
people. Due to the spiritual values
associated with this imagery,
contemporary Native American people
view the commercial use of these
images as exploitative and
inappropriate.
More recent carving and writing on
the rocks, since about 1900, is
considered graffiti. Where the graffiti
overlies or is immediately adjacent to
the pictographs and petroglyphs,
commercial photography of graffiti is
also prohibited.
In these interim final supplementary
rules, the term ‘‘commercial use’’ is
defined as any pictures or film created
for the purpose of financial gain.
Photography for educational or
scientific purposes may be allowed,
subject to BLM review and
authorization, in instances where
financial gain is not the primary
purpose, and where the BLM has
authorized such activity in writing.
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Release of Non-Native and Captive-Held
Native Species
This interim final supplementary rule
prohibits the release of non-native and
captive-held native species on BLM
lands within the boundaries of the
Carrizo Plain National Monument,
unless the BLM authorizes such release
in writing. This provision is in
accordance with Executive Order 13112
(Feb 3, 1999), which requires that a
Federal agency not authorize, fund, or
carry out actions that it believes are
likely to cause or promote the
introduction or spread of invasive
species in the United States or
elsewhere, unless the agency has
determined and made public its
determination that the benefits of such
actions clearly outweigh the potential
harm caused by invasive species, and
that all feasible and prudent measures to
minimize risk of harm will be taken in
conjunction with the actions.
This provision is also in accordance
with the recognition in the Monument
Proclamation that the Monument offers
refuge for many endangered, threatened,
and rare species. The intentional or
unintentional release of a non-native or
captive-held native species into an
ecosystem has the potential to cause
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environmental harm to native species
and the Monument’s ecosystem because
these species compete for resources,
have the potential to prey on certain
endangered or threatened species, and
may introduce disease and/or parasites.
Any of these could have drastic and
devastating effects to the Monument’s
ecological health and sustainability. For
example, in 2003, Newcastle disease, a
threat to domestic and wild bird
populations in California, nearly
reached the Monument. Captive-held
native species, while native, may
introduce genetic material detrimental
to the overall populations that have
evolved in the Monument. For these
reasons, the release of non-native and
captive-held native species is not
compatible with the Monument’s
mission.
In accordance with Executive Order
13112 and the Monument Proclamation,
this interim final supplementary rule
generally prohibits the release of nonnative and captive-held native species,
unless the release is required to meet
Monument objectives and is authorized
by the BLM in writing. Examples of
authorized releases include:
• Augmentation or re-establishment
of an endangered or threatened species
such as the Kern primrose sphinx moth;
• Re-establishment of the giant
kangaroo rat, blunt-nosed leopard
lizard, San Joaquin kit fox, or San
Joaquin antelope squirrel in core areas;
or
• Release of pronghorn or elk if
necessary to meet herd objectives.
Painted Rock Exclusion Zone
The Painted Rock Exclusion Zone is
a component of the Carrizo Plain Rock
Art Discontiguous District, which is
listed on the National Register of
Historic Places. In the RMP/ROD, the
BLM determined that it is necessary to
prohibit the following animals, objects,
and activities within the Exclusion
Zone, in order to prevent disturbances
such as erosion and vandalism:
• Horses;
• Dogs;
• Motorized and non-motorized
bicycles (except in the Painted Rock
parking area);
• Outdoor sporting activities (known
as ‘‘geocaching’’ and ‘‘earth caching’’) in
which the participants use a Global
Positioning System receiver, mobile
device, and navigational techniques to
hide and seek containers, called
‘‘geocaches’’ or ‘‘caches;’’
• Discharge of firearms; and
• Campfires (except for Native
American ceremonial use in accordance
with Executive Order 13007, Indian
Sacred Sites (1996)).
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75651
IV. Procedural Matters
Executive Order 12866, Regulatory
Planning and Review
These interim final supplementary
rules are not a significant regulatory
action and are not subject to review by
the Office of Management and Budget
under Executive Order 12866. These
interim final supplementary rules will
not have an annual effect of $100
million or more on the economy or
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
interim final supplementary rules will
not create a serious inconsistency or
otherwise interfere with an action taken
or planned by another agency. The
interim final supplementary rules do
not materially alter the budgetary effects
of entitlements, grants, user fees, or loan
programs or the right or obligation of
their recipients; nor do they raise novel
legal or policy issues. They merely
impose certain rules on recreational
activities on a limited portion of the
public lands in California in order to
protect human health, safety, and the
environment.
Clarity of the Interim Final
Supplementary Rules
Executive Order 12866 requires each
agency to write regulations that are
simple and easy to understand. We
invite your comments on how to make
these interim final supplementary rules
easier to understand, including answers
to questions such as the following:
(1) Are the requirements in the
interim final supplementary rules
clearly stated?
(2) Do the interim final
supplementary rules contain technical
language or jargon that interferes with
their clarity?
(3) Does the format of the interim final
supplementary rules (grouping and
order of sections, use of headings,
paragraphing, etc.) aid or reduce their
clarity?
(4) Would the interim final
supplementary rules be easier to
understand if they were divided into
more (but shorter) sections?
(5) Is the description of the interim
final supplementary rules in the
SUPPLMENTARY INFORMATION section of
this preamble helpful in understanding
the interim final supplementary rules?
How could this description be more
helpful in making the interim final
supplementary rules easier to
understand?
Please send any comments you have
on the clarity of the interim final
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supplementary rules to the address
specified in the ADDRESSES section.
impact on a substantial number of small
entities.
National Environmental Policy Act
Small Business Regulatory Enforcement
Fairness Act
These interim final supplementary
rules themselves comprise a category or
kind of action that has no significant
individual or cumulative effect on 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). See 40
CFR 1508.4; 43 CFR 46.210.
Specifically, these interim final
supplementary rules are categorically
excluded from the requirements of
NEPA because they comprise an action
of an administrative, financial, legal,
technical, or procedural nature within
the meaning of 43 CFR 46.210(i), and
none of the extraordinary circumstances
listed at 43 CFR 46.215 would be
applicable. Therefore, the BLM is not
required to prepare an environmental
assessment or an environmental impact
statement for these interim final
supplementary rules.
Moreover, these interim final
supplementary rules are a component of
a larger planning process for the
Monument (i.e., the RMP/ROD), that
itself was a major Federal action. In
developing the Monument RMP/ROD,
the BLM prepared a Draft and Final EIS,
which include a complete analysis of
each decision corresponding to the
interim final supplementary rules. The
Draft and Final EIS, the Proposed
Resource Management Plan, and the
RMP/ROD are on file and available to
the public in the BLM administrative
record at the address specified under
ADDRESSES. The Proposed Resource
Management Plan, Final EIS, and RMP/
ROD are online at: https://www.blm.gov/
ca/st/en/fo/bakersfield/Programs/
carrizo.html.
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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. The interim final
supplementary rules do not pertain
specifically to commercial or
governmental entities of any size, but to
public recreational use of specific
public lands. Therefore, the BLM has
determined under the RFA that these
interim final supplementary rules
would not have a significant economic
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These interim final supplementary
rules do not constitute a ‘‘major rule’’ as
defined at 5 U.S.C. 804(2). These
interim final supplementary rules
generally contain rules of conduct for
recreational use of certain public lands.
While they prohibit photography of
pictographs or petroglyphs for
commercial use, that prohibition does
not have an effect on business,
commercial, or industrial use of the
public lands that rises to any of the
following thresholds specified in 5
U.S.C. 804(2):
(a) An annual effect on the economy
of $100 million or more;
(b) A major increase in costs or prices
for consumers, individual industries,
Federal, State, or local government
agencies, or geographic regions; or
(c) Significant adverse effects on
competition, employment, investment,
productivity, innovation, or on the
ability of United States-based
enterprises in domestic and export
markets.
Unfunded Mandates Reform Act
These interim final supplementary
rules do not impose an unfunded
mandate on state, local or tribal
governments in the aggregate, or the
private sector, of more than $100
million per year; nor do they have a
significant or unique effect on small
governments. These interim final
supplementary rules do not require
anything of state, local, or Tribal
governments. 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)
The interim final supplementary rules
are not a government action capable of
interfering with constitutionally
protected property rights. The interim
final supplementary rules do not
address property rights in any form and
do not cause the impairment of
anybody’s property rights. Therefore,
the Department of the Interior has
determined that these interim final
supplementary rules would not cause a
taking of private property or require
further discussion of takings
implications under this Executive
Order.
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Executive Order 13132, Federalism
The interim final 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. Therefore,
the BLM has determined that these
interim final supplementary 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 has determined that these interim
final supplementary rules will not
unduly burden the judicial system and
that the requirements of sections 3(a)
and 3(b)(2) of the Executive Order are
met. The supplementary rules include
rules of conduct and prohibited acts, but
they are straightforward and not
confusing.
Executive Order 13175, Consultation
and Coordination With Indian Tribal
Governments
As discussed in the RMP/ROD, the
BLM has been working with a Native
American Advisory Committee for the
Monument formed under a 1997 charter
agreement. The Advisory Committee
was formed to encourage the
participation in Monument management
of both federally recognized tribes and
other Native Americans having ancestral
cultural ties to the lands in the
Monument. The Advisory Committee
includes representatives of the Chumas,
Yokuts, and Salinan people.
The Advisory Committee actively
participated in the planning process that
resulted in the 2010 RMP/ROD. The
BLM also provided tribes in the vicinity
of the Monument with copies of the
draft RMP, and requested comments,
but the tribes expressed no concerns
about the RMP or the decisions related
to these interim final supplementary
rules. For these reasons, the BLM has
determined that these interim final
supplementary rules themselves do not
include policies with tribal implications
that have not already been considered in
consultation and coordination with
Indian tribal governments.
Information Quality Act
In developing these supplementary
rules, the BLM did not conduct or use
a study, experiment or survey requiring
peer review under the Information
Quality Act (Section 515 of Public Law
106–554). In accordance with the
Information Quality Act, the
Department of the Interior has issued
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registration under the California Vehicle
Code 4000(a)(1).
guidance regarding the quality of
information that it relies upon for
regulatory decisions. This guidance is
available at DOI’s Web site at https://
www.doi.gov/ocio/iq.html.
Executive Order 13211, Effects on the
Nation’s Energy Supply
These supplementary rules do not
comprise a ‘‘significant energy action,’’
as defined in Executive Order 13211,
since they are not likely to have a
significant adverse effect on the supply,
distribution, or use of energy.
Paperwork Reduction Act
These interim final supplementary
rules do not contain information
collection requirements that the Office
of Management and Budget must
approve under the Paperwork Reduction
Act, 44 U.S.C. 3501 et seq.
Author
The principal author of these interim
final supplementary rules is Ryan
Cooper, Recreation Planner, Carrizo
Plain National Monument.
For the reasons stated in the preamble
and under the authority for
supplementary rules found in 43 CFR
8365.1–6, the BLM California State
Director hereby establishes
supplementary rules, effective on an
interim final basis immediately after the
date of publication in the Federal
Register, for public lands managed by
the BLM in the Carrizo Plain National
Monument, to read as follows:
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Interim Final Supplementary Rules for
Public Lands Within the Jurisdiction of
the Carrizo Plain National Monument
Definitions
Commercial use means any pictures
or film created for the purpose of
financial gain.
Painted Rock Exclusion Zone means
lands within the Carrizo Plain National
Monument indicated on Map 2–3 in the
Carrizo Plain National Monument
Approved Resource Management Plan,
and with the following legal
description: T32S, R20E, portions of
sections 7, 8, 15, 16, 17, 18, MDM.
Pictographs means images painted
upon stone surfaces by Native American
people.
Petroglyphs means images carved into
stone surfaces by Native American
people.
Replica weapon means any imitation
firearm, including paintball guns, airsoft guns, and war game apparatuses.
Street-legal vehicle means a vehicle,
such as an automobile, motorcycle, or
light truck, that is equipped and
licensed for use on a public street and/
or highway and that is subject to
VerDate Mar<15>2010
18:28 Dec 20, 2012
Jkt 229001
Rules
1. You must not use any replica
weapons (such as paintball, airsoft, or
war game apparatus) within the Carrizo
Plain National Monument.
2. You must not drive, move, or leave
standing a motor vehicle within the
Carrizo Plain National Monument
boundaries, unless it is a street-legal
vehicle, or:
(a) The vehicle is a military, fire,
emergency, or law enforcement vehicle
being used for emergency purposes;
(b) The vehicle is expressly
authorized by the authorized officer, or
otherwise officially approved; or
(c) The vehicle is registered with the
State off-highway vehicle program, and
displays a red or green State-issued
sticker, and is being used on a portion
of the Temblor Ridge Road from T. 31
S., R. 21 E., Sec. 23 (Crocker Grade
Road) to T. 11 N., R. 24 W., Sec. 7.
3. All pets must remain leashed or
caged at all developed sites including
visitor centers, interpretive overlooks,
trail heads, and camping areas.
4. You must not take or ride any horse
into the Painted Rock Exclusion Zone.
5. You must not take any dog into the
Painted Rock Exclusion Zone.
6. You must not take or ride nonmotorized bicycles into any part of the
Painted Rock Exclusion Zone, except
the Painted Rock parking area.
7. You must not engage in any cachetype activities (including geocaching
and earth caching) in the Painted Rock
Exclusion Zone.
8. You must not discharge any
firearms in the Painted Rock Exclusion
Zone, which is a pre-historic Native
American site on the National Register
of Historic Places.
9. You must not start any campfire in
the Painted Rock Exclusion Zone,
except for Native American ceremonial
use, which is in accordance with
Executive Order 13007, Indian Sacred
Sites (1996).
10. You must not make, for
commercial use, digital, photographic,
print, or video images of any of the
pictographs or petroglyphs, or any
graffiti that overlies or is immediately
adjacent to the pictographs and
petroglyphs, located within the
boundaries of the Carrizo Plain National
Monument, unless:
(a) Making such images is for noncommercial scientific or educational
purposes; and
(b) Is authorized in writing by the
BLM.
11. You must not release non-native
or captive-held native species on BLM
PO 00000
Frm 00048
Fmt 4703
Sfmt 4703
75653
lands within the boundaries of the
Carrizo Plain National Monument
unless authorized in writing by the
BLM.
Penalties
Violations of any supplementary rules
by a member of the public, may be
subject to the penalties provided in 43
CFR 8365.0–7, which include a fine not
to exceed $1,000 and/or imprisonment
not to exceed 12 months.
James G. Kenna,
Bureau of Land Management, State Director,
California State Office.
[FR Doc. 2012–30732 Filed 12–20–12; 8:45 am]
BILLING CODE 4310–40–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLIDT000000.L11200000.DD0000.241A.00]
Notice of Public Meetings, Twin Falls
District Resource Advisory Council,
Idaho
Bureau of Land Management,
Interior.
ACTION: Notice of Public Meetings.
AGENCY:
In accordance with the
Federal Land Policy and Management
Act (FLPMA), the Federal Advisory
Committee Act of 1972 (FACA, the U.S.
Department of the Interior, Bureau of
Land Management (BLM) Twin Falls
District Resource Advisory Council
(RAC) will meet as indicated below.
DATES: On January 31, 2013, the Twin
Falls District RAC members will meet at
the Best Western Sawtooth Inn at 2653
S. Lincoln Street, Jerome, Idaho. The
meeting will begin at 9:00 a.m. and end
no later than 4:00 p.m. The public
comment period for the RAC meeting
will take place 9:10 a.m. to 9:40 a.m.
FOR FURTHER INFORMATION CONTACT:
Heather Tiel-Nelson, Twin Falls
District, Idaho, 2536 Kimberly Road,
Twin Falls, Idaho, 83301, (208) 736–
2352.
SUMMARY:
The 15member RAC advises the Secretary of
the Interior, through the Bureau of Land
Management, on a variety of planning
and management issues associated with
public land management in Idaho.
During the January 31st meeting, there
will be a new member orientation,
Craters of the Moon National Monument
Resource Management Plan (RMP)
Amendment update, Milner Recreation
Site overview and Environmental
Impact Statement (EIS) updates for the
Gateway West Transmission Project, as
SUPPLEMENTARY INFORMATION:
E:\FR\FM\21DEN1.SGM
21DEN1
]]>Agencies
[Federal Register Volume 77, Number 246 (Friday, December 21, 2012)]
[Notices]
[Pages 75649-75653]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-30732]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLCAC069000-L17110000-AL0000]
Establishment of Interim Final Supplementary Rules for Public
Lands Managed by the Carrizo Plain National Monument in Kern and San
Luis Obispo Counties, CA
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The California State Director for the Bureau of Land
Management (BLM) is establishing interim final supplementary rules and
requests public comments. These interim final supplementary rules will
become effective immediately upon their publication in the Federal
Register and will apply to public lands within the Carrizo Plain
National Monument in Kern and San Luis Obispo Counties, California
(Monument). The BLM has determined that these interim final
supplementary rules are necessary to promote the health and
sustainability of the Carrizo Plain National Monument, while reducing
the risks to the Monument's ecosystem that, if left unchecked, could
cause undue ecological degradation. These rules are in accordance with
the Approved Resource Management Plan and Record of Decision (RMP/ROD)
for the Monument.
DATES: The interim final supplementary rules are effective immediately
and remain in effect until modified or rescinded by the publication of
final supplementary rules. The BLM invites comments until February 19,
2013. Comments received, postmarked, or electronically dated after that
date will not necessarily be considered in the development of final
supplementary rules.
ADDRESSES: Please mail or hand deliver all comments concerning the
interim final supplementary rules to the Bureau of Land Management,
Attention: Ryan Cooper, BLM Bakersfield Field Office, 3801 Pegasus
Drive, Bakersfield, CA 93308.
FOR FURTHER INFORMATION CONTACT: Ryan Cooper, 3801 Pegasus Drive,
Bakersfield, CA 93308, 661-391-6048 or racooper@blm.gov.
SUPPLEMENTARY INFORMATION:
I. Public Comment Procedures
The public is invited to provide comments on these interim final
supplementary rules. See DATES and ADDRESSES for information on
submitting comments. Written comments on the interim final
supplementary rules should be specific, confined to issues pertinent to
the interim final supplementary rules, and explain the reason for any
recommended change. Comments requesting changes to decisions in the
RMP/ROD would be outside the scope of this rulemaking.
Where possible, comments should reference a specific provision of
these interim final supplementary rules. The BLM need not consider or
include in the Administrative Record: (a) 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 (b)
Comments delivered to an address other than one of those listed above
(see ADDRESSES).
Comments, including names, street addresses, and other contact
information of respondents, will be available for public review at the
BLM Bakersfield Field Office, 3801 Pegasus Drive, Bakersfield, CA 93308
during regular business hours of 7:30 a.m. to 4:15 p.m., Monday through
Friday, except Federal holidays. Individual respondents may request
confidentiality. However, before including your address, telephone
number, email 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.
[[Page 75650]]
II. Background
The Carrizo Plain National Monument Presidential Proclamation
(Monument Proclamation) of January 17, 2001, established the Monument
in recognition of its exceptional objects of scientific and historic
interest. Previously, the BLM had managed the area in accordance with
the Carrizo Plain Natural Area Management Plan of 1996. Under the
guidance of that plan, the State Director established supplementary
rules for the Natural Area at 62 FR 54126 (Oct. 17, 1997). The RMP/ROD
for the Monument, signed April 10, 2010, provides for those
supplementary rules to remain in effect. The supplementary rules put in
place by this notice are in addition to rules established in 1997.
The Monument comprises approximately 200,000 acres in Kern and San
Luis Obispo counties of California. Maps identifying the management
boundaries are included in the RMP/ROD.
Sections 302 and 310 of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1732 and 1740) provide the overall authority for the
BLM's management of the Monument. The BLM is establishing these interim
final supplementary rules 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.
These interim final supplementary rules are available for
inspection in the BLM Bakersfield Field Office and on the Web site for
the Monument: https://www.blm.gov/ca/st/en/fo/bakersfield/Programs/carrizo.html. Upon publication of these interim final supplementary
rules, the BLM will send a news release to all newspapers of general
circulation in the affected vicinity.
The supplementary rules outlined in this notice are designed to
immediately and effectively address risks to the ecosystem of the
Carrizo Plains National Monument, which include but are not limited to:
Threats to the health and sustainability of majestic grasslands and
native endangered, threatened and rare flora and wildlife species, and
world class archaeological sites. Protecting these values remains the
utmost concern and mission of the Monument.
During the planning process that led to the RMP/ROD, the BLM took
the following steps to involve the public in developing the plan
decisions that provided a basis for the interim final supplementary
rules:
The BLM held three scoping meetings for the Carrizo RMP
between April and June of 2007 in the planning area. The BLM also met
with the Native American Advisory Council for local Indian tribes and
the Monument Advisory Committee (MAC).
The Draft RMP/EIS, which included supplementary rules, was
available for a 90-day public comment period beginning in January 2009.
The BLM held three public meetings throughout the planning area and met
with the MAC, which is composed of our managing partners, and the
Native American Advisory Council during the development of this
document.
The BLM released the Proposed RMP and Final EIS, which
included the supplemental rules, in November 2009 for a 30-day protest
period.
The MAC, with representatives from diverse interest
groups, and members of the public participated throughout the planning
process. The State of California determined that the Proposed RMP/Final
EIS is consistent with State and local plans.
The BLM summarized all public comments and addressed them
in the Final EIS published April 2010. All decisions related to these
interim final supplementary rules were analyzed in the Final EIS.
The following were among the resource protection concerns that were
identified during this extensive public participation in the planning
process:
Incidents of vehicle use off designated routes;
Poaching and misidentification of target species;
Degradation of cultural sites; and
Damage to natural resources, including threatened and
endangered species.
The BLM therefore finds that prior notice and public comment are
contrary to the public interest, and finds good cause to publish these
supplementary rules on an interim final basis, effective immediately
upon the date of publication.
III. Discussion of Interim Final Supplementary Rules
These interim final supplementary rules implement provisions for
visitor use and resource protection identified in the RMP/ROD at
Attachment 7, ``Supplementary Rules for Public Use.''
Prohibition Against Use of Replica Weapons
Any use of replica weapons (such as paintball, airsoft, or war game
apparatus) is prohibited on the Monument. The use of these types of
weapons leaves behind debris that could be harmful to plants and
animals that are protected on the Monument. Also, these devices often
are convincing reproductions that could be mistaken for real weapons by
law enforcement officers.
Street-Legal Vehicles
Recently there has been a noticeable increase in Off-Highway
Vehicle (OHV) use in the Monument. Monument resources, including the
majestic grasslands that offer refuge for endangered, threatened, and
rare plant and animal species, are highly susceptible to damage from
OHV use. The significant fossil assemblages and cultural artifacts
associated with the Monument are also susceptible to OHV damage. This
led to the determination during the planning process that non-street-
legal vehicles generally are not compatible with the Monument
Proclamation.
Only street-legal vehicles, i.e. those licensed for use on public
roads, are permitted on routes within the Monument, unless:
The vehicle is a military, fire, emergency, or law
enforcement vehicle being used for emergency purposes;
The vehicle is expressly authorized by the BLM, or
otherwise officially approved; or,
The vehicle is being used on a portion of the Temblor
Ridge Road from T31S, R21E, Section 23 to T11N, R24W, Section 7,
allowing connectivity to the eastern slopes of the Temblors; is
registered with the State off-highway vehicle program; and displays a
red or green State-issued sticker. Staging and trailering of non-
street-legal vehicles are prohibited activities along Temblor Ridge
Road.
Control of Pets
In an area as well traveled and visited as the Monument, which has
seen an increase in recent years in the numbers of visitors, pets
escaping from owner control pose a very real liability to the
sustainability and overall health of Carrizo Plain National Monument.
Pets, if left unrestrained, may spread diseases and the seeds of
noxious weeds, as well as kill or harm local wildlife and flora. These
actions are in stark contrast with the Monument's mission of protecting
and conserving native wildlife and landscapes. Therefore, to prevent
wildlife depredation or other ecological damage, pets must be leashed
or caged at all developed sites including visitor centers, interpretive
overlooks, and camping areas. Pets include dogs, cats, and birds. In
some areas, pets may be excluded completely.
[[Page 75651]]
Prohibition Against Commercial Still and Video Photography of
Pictograph Images
These interim final supplementary rules prohibit still and video
photography for commercial use of the pictograph and petroglyph images
found within the Monument. Pictographs are images painted upon stone
surfaces, and petroglyphs are images carved into the stone surfaces by
Native American people. Due to the spiritual values associated with
this imagery, contemporary Native American people view the commercial
use of these images as exploitative and inappropriate.
More recent carving and writing on the rocks, since about 1900, is
considered graffiti. Where the graffiti overlies or is immediately
adjacent to the pictographs and petroglyphs, commercial photography of
graffiti is also prohibited.
In these interim final supplementary rules, the term ``commercial
use'' is defined as any pictures or film created for the purpose of
financial gain. Photography for educational or scientific purposes may
be allowed, subject to BLM review and authorization, in instances where
financial gain is not the primary purpose, and where the BLM has
authorized such activity in writing.
Release of Non-Native and Captive-Held Native Species
This interim final supplementary rule prohibits the release of non-
native and captive-held native species on BLM lands within the
boundaries of the Carrizo Plain National Monument, unless the BLM
authorizes such release in writing. This provision is in accordance
with Executive Order 13112 (Feb 3, 1999), which requires that a Federal
agency not authorize, fund, or carry out actions that it believes are
likely to cause or promote the introduction or spread of invasive
species in the United States or elsewhere, unless the agency has
determined and made public its determination that the benefits of such
actions clearly outweigh the potential harm caused by invasive species,
and that all feasible and prudent measures to minimize risk of harm
will be taken in conjunction with the actions.
This provision is also in accordance with the recognition in the
Monument Proclamation that the Monument offers refuge for many
endangered, threatened, and rare species. The intentional or
unintentional release of a non-native or captive-held native species
into an ecosystem has the potential to cause environmental harm to
native species and the Monument's ecosystem because these species
compete for resources, have the potential to prey on certain endangered
or threatened species, and may introduce disease and/or parasites. Any
of these could have drastic and devastating effects to the Monument's
ecological health and sustainability. For example, in 2003, Newcastle
disease, a threat to domestic and wild bird populations in California,
nearly reached the Monument. Captive-held native species, while native,
may introduce genetic material detrimental to the overall populations
that have evolved in the Monument. For these reasons, the release of
non-native and captive-held native species is not compatible with the
Monument's mission.
In accordance with Executive Order 13112 and the Monument
Proclamation, this interim final supplementary rule generally prohibits
the release of non-native and captive-held native species, unless the
release is required to meet Monument objectives and is authorized by
the BLM in writing. Examples of authorized releases include:
Augmentation or re-establishment of an endangered or
threatened species such as the Kern primrose sphinx moth;
Re-establishment of the giant kangaroo rat, blunt-nosed
leopard lizard, San Joaquin kit fox, or San Joaquin antelope squirrel
in core areas; or
Release of pronghorn or elk if necessary to meet herd
objectives.
Painted Rock Exclusion Zone
The Painted Rock Exclusion Zone is a component of the Carrizo Plain
Rock Art Discontiguous District, which is listed on the National
Register of Historic Places. In the RMP/ROD, the BLM determined that it
is necessary to prohibit the following animals, objects, and activities
within the Exclusion Zone, in order to prevent disturbances such as
erosion and vandalism:
Horses;
Dogs;
Motorized and non-motorized bicycles (except in the
Painted Rock parking area);
Outdoor sporting activities (known as ``geocaching'' and
``earth caching'') in which the participants use a Global Positioning
System receiver, mobile device, and navigational techniques to hide and
seek containers, called ``geocaches'' or ``caches;''
Discharge of firearms; and
Campfires (except for Native American ceremonial use in
accordance with Executive Order 13007, Indian Sacred Sites (1996)).
IV. Procedural Matters
Executive Order 12866, Regulatory Planning and Review
These interim final supplementary rules are not a significant
regulatory action and are not subject to review by the Office of
Management and Budget under Executive Order 12866. These interim final
supplementary rules will not have an annual effect of $100 million or
more on the economy or 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 interim final supplementary rules will not create a serious
inconsistency or otherwise interfere with an action taken or planned by
another agency. The interim final supplementary rules do not materially
alter the budgetary effects of entitlements, grants, user fees, or loan
programs or the right or obligation of their recipients; nor do they
raise novel legal or policy issues. They merely impose certain rules on
recreational activities on a limited portion of the public lands in
California in order to protect human health, safety, and the
environment.
Clarity of the Interim Final Supplementary Rules
Executive Order 12866 requires each agency to write regulations
that are simple and easy to understand. We invite your comments on how
to make these interim final supplementary rules easier to understand,
including answers to questions such as the following:
(1) Are the requirements in the interim final supplementary rules
clearly stated?
(2) Do the interim final supplementary rules contain technical
language or jargon that interferes with their clarity?
(3) Does the format of the interim final supplementary rules
(grouping and order of sections, use of headings, paragraphing, etc.)
aid or reduce their clarity?
(4) Would the interim final supplementary rules be easier to
understand if they were divided into more (but shorter) sections?
(5) Is the description of the interim final supplementary rules in
the SUPPLMENTARY INFORMATION section of this preamble helpful in
understanding the interim final supplementary rules? How could this
description be more helpful in making the interim final supplementary
rules easier to understand?
Please send any comments you have on the clarity of the interim
final
[[Page 75652]]
supplementary rules to the address specified in the ADDRESSES section.
National Environmental Policy Act
These interim final supplementary rules themselves comprise a
category or kind of action that has no significant individual or
cumulative effect on 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). See 40 CFR 1508.4; 43 CFR 46.210. Specifically,
these interim final supplementary rules are categorically excluded from
the requirements of NEPA because they comprise an action of an
administrative, financial, legal, technical, or procedural nature
within the meaning of 43 CFR 46.210(i), and none of the extraordinary
circumstances listed at 43 CFR 46.215 would be applicable. Therefore,
the BLM is not required to prepare an environmental assessment or an
environmental impact statement for these interim final supplementary
rules.
Moreover, these interim final supplementary rules are a component
of a larger planning process for the Monument (i.e., the RMP/ROD), that
itself was a major Federal action. In developing the Monument RMP/ROD,
the BLM prepared a Draft and Final EIS, which include a complete
analysis of each decision corresponding to the interim final
supplementary rules. The Draft and Final EIS, the Proposed Resource
Management Plan, and the RMP/ROD are on file and available to the
public in the BLM administrative record at the address specified under
ADDRESSES. The Proposed Resource Management Plan, Final EIS, and RMP/
ROD are online at: https://www.blm.gov/ca/st/en/fo/bakersfield/Programs/carrizo.html.
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. The interim final supplementary
rules do not pertain specifically to commercial or governmental
entities of any size, but to public recreational use of specific public
lands. Therefore, the BLM has determined under the RFA that these
interim final supplementary rules would not have a significant economic
impact on a substantial number of small entities.
Small Business Regulatory Enforcement Fairness Act
These interim final supplementary rules do not constitute a ``major
rule'' as defined at 5 U.S.C. 804(2). These interim final supplementary
rules generally contain rules of conduct for recreational use of
certain public lands. While they prohibit photography of pictographs or
petroglyphs for commercial use, that prohibition does not have an
effect on business, commercial, or industrial use of the public lands
that rises to any of the following thresholds specified in 5 U.S.C.
804(2):
(a) An annual effect on the economy of $100 million or more;
(b) A major increase in costs or prices for consumers, individual
industries, Federal, State, or local government agencies, or geographic
regions; or
(c) Significant adverse effects on competition, employment,
investment, productivity, innovation, or on the ability of United
States-based enterprises in domestic and export markets.
Unfunded Mandates Reform Act
These interim final supplementary rules do not impose an unfunded
mandate on state, local or tribal governments in the aggregate, or the
private sector, of more than $100 million per year; nor do they have a
significant or unique effect on small governments. These interim final
supplementary rules do not require anything of state, local, or Tribal
governments. 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)
The interim final supplementary rules are not a government action
capable of interfering with constitutionally protected property rights.
The interim final supplementary rules do not address property rights in
any form and do not cause the impairment of anybody's property rights.
Therefore, the Department of the Interior has determined that these
interim final supplementary 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 interim final 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. Therefore, the
BLM has determined that these interim final supplementary 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 has determined that these
interim final supplementary rules will not unduly burden the judicial
system and that the requirements of sections 3(a) and 3(b)(2) of the
Executive Order are met. The supplementary rules include rules of
conduct and prohibited acts, but they are straightforward and not
confusing.
Executive Order 13175, Consultation and Coordination With Indian Tribal
Governments
As discussed in the RMP/ROD, the BLM has been working with a Native
American Advisory Committee for the Monument formed under a 1997
charter agreement. The Advisory Committee was formed to encourage the
participation in Monument management of both federally recognized
tribes and other Native Americans having ancestral cultural ties to the
lands in the Monument. The Advisory Committee includes representatives
of the Chumas, Yokuts, and Salinan people.
The Advisory Committee actively participated in the planning
process that resulted in the 2010 RMP/ROD. The BLM also provided tribes
in the vicinity of the Monument with copies of the draft RMP, and
requested comments, but the tribes expressed no concerns about the RMP
or the decisions related to these interim final supplementary rules.
For these reasons, the BLM has determined that these interim final
supplementary rules themselves do not include policies with tribal
implications that have not already been considered in consultation and
coordination with Indian tribal governments.
Information Quality Act
In developing these supplementary rules, the BLM did not conduct or
use a study, experiment or survey requiring peer review under the
Information Quality Act (Section 515 of Public Law 106-554). In
accordance with the Information Quality Act, the Department of the
Interior has issued
[[Page 75653]]
guidance regarding the quality of information that it relies upon for
regulatory decisions. This guidance is available at DOI's Web site at
https://www.doi.gov/ocio/iq.html.
Executive Order 13211, Effects on the Nation's Energy Supply
These supplementary rules do not comprise a ``significant energy
action,'' as defined in Executive Order 13211, since they are not
likely to have a significant adverse effect on the supply,
distribution, or use of energy.
Paperwork Reduction Act
These interim final supplementary rules do not contain information
collection requirements that the Office of Management and Budget must
approve under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
Author
The principal author of these interim final supplementary rules is
Ryan Cooper, Recreation Planner, Carrizo Plain National Monument.
For the reasons stated in the preamble and under the authority for
supplementary rules found in 43 CFR 8365.1-6, the BLM California State
Director hereby establishes supplementary rules, effective on an
interim final basis immediately after the date of publication in the
Federal Register, for public lands managed by the BLM in the Carrizo
Plain National Monument, to read as follows:
Interim Final Supplementary Rules for Public Lands Within the
Jurisdiction of the Carrizo Plain National Monument
Definitions
Commercial use means any pictures or film created for the purpose
of financial gain.
Painted Rock Exclusion Zone means lands within the Carrizo Plain
National Monument indicated on Map 2-3 in the Carrizo Plain National
Monument Approved Resource Management Plan, and with the following
legal description: T32S, R20E, portions of sections 7, 8, 15, 16, 17,
18, MDM.
Pictographs means images painted upon stone surfaces by Native
American people.
Petroglyphs means images carved into stone surfaces by Native
American people.
Replica weapon means any imitation firearm, including paintball
guns, air-soft guns, and war game apparatuses.
Street-legal vehicle means a vehicle, such as an automobile,
motorcycle, or light truck, that is equipped and licensed for use on a
public street and/or highway and that is subject to registration under
the California Vehicle Code 4000(a)(1).
Rules
1. You must not use any replica weapons (such as paintball,
airsoft, or war game apparatus) within the Carrizo Plain National
Monument.
2. You must not drive, move, or leave standing a motor vehicle
within the Carrizo Plain National Monument boundaries, unless it is a
street-legal vehicle, or:
(a) The vehicle is a military, fire, emergency, or law enforcement
vehicle being used for emergency purposes;
(b) The vehicle is expressly authorized by the authorized officer,
or otherwise officially approved; or
(c) The vehicle is registered with the State off-highway vehicle
program, and displays a red or green State-issued sticker, and is being
used on a portion of the Temblor Ridge Road from T. 31 S., R. 21 E.,
Sec. 23 (Crocker Grade Road) to T. 11 N., R. 24 W., Sec. 7.
3. All pets must remain leashed or caged at all developed sites
including visitor centers, interpretive overlooks, trail heads, and
camping areas.
4. You must not take or ride any horse into the Painted Rock
Exclusion Zone.
5. You must not take any dog into the Painted Rock Exclusion Zone.
6. You must not take or ride non-motorized bicycles into any part
of the Painted Rock Exclusion Zone, except the Painted Rock parking
area.
7. You must not engage in any cache-type activities (including
geocaching and earth caching) in the Painted Rock Exclusion Zone.
8. You must not discharge any firearms in the Painted Rock
Exclusion Zone, which is a pre-historic Native American site on the
National Register of Historic Places.
9. You must not start any campfire in the Painted Rock Exclusion
Zone, except for Native American ceremonial use, which is in accordance
with Executive Order 13007, Indian Sacred Sites (1996).
10. You must not make, for commercial use, digital, photographic,
print, or video images of any of the pictographs or petroglyphs, or any
graffiti that overlies or is immediately adjacent to the pictographs
and petroglyphs, located within the boundaries of the Carrizo Plain
National Monument, unless:
(a) Making such images is for non-commercial scientific or
educational purposes; and
(b) Is authorized in writing by the BLM.
11. You must not release non-native or captive-held native species
on BLM lands within the boundaries of the Carrizo Plain National
Monument unless authorized in writing by the BLM.
Penalties
Violations of any supplementary rules by a member of the public,
may be subject to the penalties provided in 43 CFR 8365.0-7, which
include a fine not to exceed $1,000 and/or imprisonment not to exceed
12 months.
James G. Kenna,
Bureau of Land Management, State Director, California State Office.
[FR Doc. 2012-30732 Filed 12-20-12; 8:45 am]
BILLING CODE 4310-40-P
