Notice of Final 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, 10203-10206 [2013-03299]
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Federal Register / Vol. 78, No. 30 / Wednesday, February 13, 2013 / Notices
and 516 DM 6 Appendix 1). We base our
preliminary determination that issuance
of the ITP qualifies as a low-effect action
on the following three criteria: (1)
Implementation of the project would
result in minor or negligible effects on
federally listed, proposed, and
candidate species and their habitats; (2)
Implementation of the project would
result in minor or negligible effects on
other environmental values or
resources; and (3) Impacts of the project,
considered together with the impacts of
other past, present, and reasonably
foreseeable similarly situated projects,
would not result, over time, in
cumulative effects to environmental
values or resources that would be
considered significant. This preliminary
determination may be revised based on
our review of public comments that we
receive in response to this notice.
Next Steps
The Service will evaluate the HCP
and comments submitted thereon to
determine whether the application
meets the requirements of section 10(a)
of the Act. The Service will also
evaluate whether issuance of the section
10(a)(1)(B) ITP complies with section 7
of the Act by conducting an intraService section 7 consultation. The
results of this consultation, in
combination with the above findings,
will be used in the final analysis to
determine whether or not to issue the
ITP. If it is determined that the
requirements of the Act are met, the ITP
will be issued.
We provide this notice under Section
10 of the Endangered Species Act (16
U.S.C. 1531 et seq.) and NEPA
regulations (40 CFR 1506.6).
Dated: February 6, 2013.
Larry Williams,
Field Supervisor, South Florida Ecological
Services Office.
FOR FURTHER INFORMATION CONTACT:
Paula L. Hart, Director, Office of Indian
Gaming, Office of the Deputy Assistant
Secretary—Policy and Economic
Development, Washington, DC 20240,
(202) 219–4066.
SUPPLEMENTARY INFORMATION: Under
Section 11 of the Indian Gaming
Regulatory Act of 1988 (IGRA) Public
Law 100–497, 25 U.S.C. 2701 et seq., the
Secretary of the Interior shall publish in
the Federal Register notice of approved
Tribal-State compacts for the purpose of
engaging in Class III gaming activities
on Indian lands. On December 27, 2012,
the Chippewa-Cree Indians of the Rocky
Boy’s Reservation and the State of
Montana submitted a Class III TribalState Compact for review and approval.
The Compact increases the number of
machines, increases the prize value and
increases the wager limit. The term of
the Compact runs for 10 years from the
date of this notice.
Dated: February 4, 2013.
Kevin K. Washburn,
Assistant Secretary—Indian Affairs.
[FR Doc. 2013–03326 Filed 2–12–13; 8:45 am]
BILLING CODE 4310–4N–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
DEPARTMENT OF THE INTERIOR
Indian Gaming
Bureau of Indian Affairs,
Interior.
ACTION: Notice of Approved Tribal State
Class III Gaming Compact.
This notice publishes the
Approval of the Class III Tribal-State
Gaming Compact between the
Chippewa-Cree Tribe of the Rocky Boy’s
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The Bureau of Land
Management (BLM) is establishing
supplementary rules to regulate conduct
on public lands within the Arkansas
River Travel Management Area
(ARTMA) in Chaffee, Custer, and
Fremont Counties, Colorado. These
supplementary rules address decisions
found in the Arkansas River Travel
Management Plan (ARTMP). Travel
management actions and changes to the
off-highway vehicle (OHV) designations
were detailed and analyzed in an
Environmental Assessment (EA). The
SUMMARY:
Bureau of Indian Affairs
SUMMARY:
Notice of Final 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
Bureau of Land Management,
Interior.
ACTION: Notice of Final Supplementary
Rules.
BILLING CODE 4310–55–P
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Effective Date: February 13,
2013.
AGENCY:
[FR Doc. 2013–03287 Filed 2–12–13; 8:45 am]
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DATES:
[LLCOF0200–L12200000–DU0000]
Authority:
AGENCY:
Indian Reservation and the State of
Montana.
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Royal Gorge Field Office (RGFO) signed
a Finding of No Significant Impact
(FONSI) on December 18, 2007. The
BLM issued two Decision Records
following the ARTMP EA: one on April
29, 2008, to amend OHV designations
identified in the EA, and a second on
May 21, 2008, to implement the travel
management actions identified in the
EA. The rules were published in the
Federal Register as a proposal on July
23, 2010 and public comment was
solicited. The Decision Records
included revising travel regulations for
the area including bicycle use,
identifying shooting restrictions, and
limiting an area to a certain vehicle
type. These travel regulations are
designed to provide for public health
and safety and to protect natural
resources within the ARTMA.
DATES: Effective Date: These
supplementary rules are effective March
15, 2013.
ADDRESSES: You may send inquiries by
mail to the BLM Royal Gorge Field
˜
Office, 3028 East Main Street, Canon
City, Colorado 81212; or by email to
rgfo_comments@blm.gov and include
‘‘Final Supplementary Rules’’ in the
subject line.
FOR FURTHER INFORMATION CONTACT:
Keith Berger, Field Manager, BLM Royal
Gorge Field Office, at the address listed
above, or by phone at 719–269–8500.
Persons who use a telecommunications
device for the deaf (TDD) may call the
Federal Information Relay Service
(FIRS) at 1–800–877–8339 to contact the
above individual during normal
business hours. The FIRS is available 24
hours a day, 7 days a week, to leave a
message or question with the above
individual. You will receive a reply
during normal business hours.
SUPPLEMENTARY INFORMATION:
I. Background
II. Discussion of Public Comments and Final
Supplementary Rules
III. Procedural Matters
IV. Final Supplementary Rules
I. Background
The ARTMA covers approximately
240,555 acres of public land within
Chaffee, Custer, and Fremont Counties,
Colorado, in the following townships:
New Mexico Principal Meridian
Tps. 49 to 51 N., R. 8 E.
Tps. 48 to 50 N., R. 9 E.
Tps. 47 to 49 N., R. 10 E.
Tps. 47 to 49 N., R. 11 E.
Tps. 47 to 49 N., R. 12 E.
Sixth Principal Meridian
Tps. 18 to 19 S., R. 70 W.
Tps. 18 to 22 S., R. 71 W.
Tps. 17 to 22 S., R. 72 W.
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Tps. 17 to 22 S., R. 73 W.
The ARTMA includes the Methodist
Mountain Area south of Salida,
Colorado (2,314 acres), located in T. 49
N., R. 9 E., secs. 7 to 10, inclusive, secs.
15 to 18, inclusive, and T. 49 N., R. 8
E., secs. 12 and 13. The Turkey Rock
Area near Howard, Colorado (361 acres),
is located in T. 48 N., R., 10 E., secs. 1
and 2, and the Turkey Rock Trials Area
(52 acres) is located in T. 48 N., R. 10
E., secs. 1 and 2, within the Turkey
Rock Area. Part of the ARTMA lies
within the Arkansas River Special
Recreation Management Area.
Travel management actions and
changes to the OHV designations for the
ARTMA were analyzed in the ARTMP
EA and documented in the two 2008
Decision Records including the one that
amended the Royal Gorge Resource
Management Plan. Proposed
Supplementary Rules were developed to
enforce the decisions made in these
documents. The proposed
supplementary rules were published in
the Federal Register (75 FR 43200) on
July 23, 2010, and the public comment
period ended September 21, 2010. The
final supplementary rules are consistent
with decisions found in the ARTMP and
the BLM’s National Management
Strategy for Motorized Off-Highway
Vehicle Use on Public Lands (2001).
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II. Discussion of Public Comments and
Final Supplementary Rules
The BLM received three comment
letters during the 60-day public
comment period. In response to these
comments, the BLM has:
• Revised proposed rule number 1 to
clarify that all motorized travel is
limited to designated roads and trails,
and for purposes of parking and
camping travel is allowed up to 100 feet
from the centerline of a road or trail
only if this travel does not cause or is
unlikely to cause significant undue
damage to or disturbances of the soil,
wildlife, wildlife habitat, improvements,
cultural, or vegetative resources or other
other uses of the public lands;
• Clarified allowable uses under
proposed rule number 4 for the Turkey
Rock Trials Area; and
• Added a fifth rule to reflect an
ARTMP decision regarding day use in
the Turkey Rock Trials Area.
In addition, the BLM has changed the
heading ‘‘Exceptions’’ to ‘‘Exemptions,’’
added the Taylor Grazing Act to the
penalties provision, and reworded
several of the proposed supplementary
rules to reflect the third-person style.
One commenter expressed concern
about proposed supplementary rule
number 2. However, the commenter did
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not oppose this rule or any of the other
proposed supplementary rules since
there is a good working relationship
between the BLM Royal Gorge Field
Office and the local mountain bike
community. Proposed supplementary
rule number 2, which restricts mountain
bicycle travel to designated routes that
are identified as available for this use,
was analyzed in the 2008 ARTMP EA.
This supplementary rule is essential to
enforce the decision found in the
ARTMP and Decision Record that was
made to protect resources.
A second commenter suggested that a
recreational target shooting closure in
the Cotopaxi, Colorado, area should be
added to the proposed supplementary
rules. The area identified by the
commenter was not addressed in the
ARTMP, and therefore no
supplementary rules were proposed or
studied for this area. The proposed
supplementary rules were not revised in
response to this comment because the
suggested closure cannot occur without
revising the ARTMP.
A third commenter identified several
issues of concern. The commenter
suggested that proposed supplementary
rule number 1 be clarified in order to
carry out the intent of the Decision
Record. The commenter thought that the
intent of the Decision Record was to
prohibit all motor vehicle travel more
than 100 feet in any direction off a
designated route and that as written,
this restriction would not carry out the
BLM’s intent of allowing vehicle travel
within the 100-foot corridor for the
purpose of parking. As proposed, rule
number 1 stated, ‘‘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.’’ In response to this
comment, proposed supplementary rule
number 1 has been revised as follows:
‘‘All motorized travel is limited to
designated roads and trails. For the
purposes of parking, including camping,
travel is allowed up to 100 feet from the
centerline of a designated road or trail
only if this travel does not cause or is
unlikely to cause significant undue
damage to or disturbances of the soil,
wildlife, wildlife habitat, improvements,
cultural, or vegetative resources or other
other uses of the public lands.’’
The commenter also asked that
proposed rule number 2 be revised to
prohibit the possession of a mountain
bike off of designated trails. As
proposed, rule number 2 stated, ‘‘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.’’ The
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prohibition recommended by the
commenter does not follow the language
set forth in the ARTMP and Decision
Record for limiting travel using bicycles
to designated roads and trails; therefore,
the BLM has not revised the proposed
rule in response to this comment.
The commenter also expressed
concern with proposed rule number 4,
which provided as follows: ‘‘You may
not operate a motorized vehicle within
the area known as Turkey Rock Trials
Area (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 crosssection.’’ The commenter stated that
‘‘observed trials riding’’ should be better
defined to clarify the allowable use. The
BLM agrees with the comment that
‘‘observed trials riding’’ must be
carefully defined; however, there is
concern that by further defining the type
of equipment, any changes in the
observed trials industry could make the
rule obsolete. As a result, the proposed
rule was changed to eliminate
equipment details and simplify the
phrase as ‘‘motorcycle specifically
designed for observed trials riding.’’
This change will rule out non-trials type
motorcycles and should also capture
any changes in the motorcycle trials
industry.
Finally, the commenter noted that the
ARTMP identified the Turkey Rock
Area as day-use only and asked the BLM
to establish a supplementary rule to
reflect that status. The ARTMP limits
trials bike use at the Turkey Rock Trials
Area to ‘‘day use’’ only. The original
proposal unintentionally omitted this
detail but it was identified as a
management action in the Decision
Record so the BLM has added a
supplementary rule that provides that
motorcycles specifically designed for
observed trials riding are prohibited
within the Turkey Rock Trials Area after
sunset and before sunrise. However, the
new supplementary rule does not close
the area to all night uses. Camping and
hiking will still be permitted at night in
the Turkey Rock Trials Area.
III. Procedural Matters
Executive Order 12866, Regulatory
Planning and Review
The final supplementary rules are not
significant regulatory action and are not
subject to review by the Office of
Management and Budget under
Executive Order 12866. They do not
have an annual effect of $100 million or
more on the economy. They do not
adversely affect, in a material way, the
economy, productivity, competition,
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jobs, the environment, public health or
safety, or state, local, or tribal
governments or communities. They do
not create a serious inconsistency or
otherwise interfere with an action taken
or planned by another agency. They do
not materially alter the budgetary effects
of entitlements, grants, user fees, loan
programs, or the rights or obligations of
their recipients, nor do they raise novel
legal or policy issues. The final
supplementary rules merely establish
rules of conduct for public use of a
limited area of public lands.
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National Environmental Policy Act
(NEPA)
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).
In compliance with NEPA,
Environmental Assessment CO–200–
2006–0086EA fully analyzed the
environmental effects of the motorized
and non-motorized travel restrictions,
and the restrictions on recreational
target shooting that are addressed in
these final supplementary rules. A 45day public comment period on the EA
began on June 19, 2007. Following
analysis of the public comments, the
BLM signed a FONSI on December 18,
2007, and issued two Decision Records
on the ARTMP: one on April 29, 2008,
and the other on May 21, 2008. The
Decision Records approved management
actions that are addressed in the
supplementary rules included in this
notice. The final supplementary rules
will allow the BLM to enforce decisions
developed to protect public health,
safety, and the public lands located
within the ARTMA. The final
supplementary rules do not change or
alter any of the NEPA analysis
completed in the EA or any of the
Decision Records. In compliance with
the NEPA, the BLM reviewed in the EA
the actions the final supplementary
rules will enforce, and concluded that
these actions do not constitute major
Federal actions under 42 U.S.C.
4332(2)(C), Section 102(2)(C), so the
RGFO was able to reach a FONSI. The
BLM placed the EA and FONSI on file
in the BLM Administrative Record at
the RGFO.
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
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impact, either detrimental or beneficial,
on a substantial number of small
entities. These final supplementary
rules merely establish rules of conduct
for public use of a limited area of public
lands. Therefore, the BLM has
determined under the RFA that these
supplementary rules would not have a
significant economic impact on a
substantial number of small entities.
Small Business Regulatory Enforcement
Fairness Act
These final supplementary rules are
not considered a ‘major rule’ as defined
under 5 U.S.C. 804(2). The
supplementary rules merely establish
rules of conduct for public use of a
limited area of public lands and do not
affect commercial or business activities
of any kind.
Unfunded Mandates Reform Act
These final supplementary rules will
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 will
they have a significant or unique effect
on small governments. The final
supplementary rules will have no effect
on governmental or tribal entities and
will impose no requirements on any of
these entities. The final supplementary
rules merely establish rules of conduct
for public use of a limited area 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)
The final supplementary rules are not
government action capable of interfering
with constitutionally protected property
rights. Therefore, the BLM has
determined that the final supplementary
rules will not cause a taking of private
property or require further discussion of
takings implications under this
Executive Order.
Executive Order 13132, Federalism
The 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, in
accordance with Executive Order 13132,
the BLM has determined that the
supplementary rules will not have
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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 final
supplementary rules will 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, the BLM determined that these
supplementary rules do not include
policies that have tribal implications.
The supplementary rules merely
establish rules of conduct for public use
of a limited area of public land and do
not affect land held for the benefit of
Indians or Alaska Natives or impede
their rights.
Paperwork Reduction Act
The final supplementary rules do 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. Moreover,
any information collection that may
result from Federal criminal
investigations or prosecutions
conducted under these supplementary
rules is exempt under 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 determined that these final
supplementary rules are not a
significant energy action, and that they
will not have an adverse effect on
energy supplies, distribution, or use.
IV. Final Supplementary Rules
Author
The principal author of these
supplementary rules is Leah
Quesenberry, Associate District
Manager, BLM Colorado Front Range
District.
For the reasons stated in the
preamble, and under the authority of the
Federal Land Policy and Management
Act, 43 U.S.C. 1733 and 1740, the
Taylor Grazing Act, 43 U.S.C. 315a,, and
43 CFR 8365.1–6, the BLM Colorado
State Director establishes the following
final supplementary rules for public
lands within the ARTMA, Colorado, to
read as follows:
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Federal Register / Vol. 78, No. 30 / Wednesday, February 13, 2013 / Notices
Final Supplementary Rules for the
Arkansas River Travel Management
Area, Bureau of Land Management,
Royal Gorge Field Office, Colorado
1. All motorized travel is limited to
designated roads and trails. For the
purposes of parking, including camping,
travel is allowed up to 100 feet from the
centerline of a designated road or trail
only if this travel does not cause or is
unlikely to cause significant undue
damage to or disturbances of the soil,
wildlife, wildlife habitat, improvements,
cultural, or vegetative resources or other
uses of the public lands.
2. Bicycle riding is limited to
designated roads and trails marked open
to such use by a Bureau of Land
Management (BLM) sign or map.
3. Recreational target shooting is
prohibited on all public lands within
the Methodist Mountain Area south of
Salida (2,314 acres) and the Turkey
Rock area near Howard (361 acres).
These areas are identified as closed to
recreational target shooting by either a
BLM sign or map.
4. Operation of a motorized vehicle
within the area known as Turkey Rock
Trials Area (52 acres) is limited to
motorcycles specifically designed for
observed trials riding.
5. Motorcycles specifically designed
for observed trials riding are prohibited
within the Turkey Rock Trials Area after
sunset or before sunrise.
Exemptions
The following persons are exempt
from these supplementary rules: any
Federal, state, local, and/or military
employee acting within the scope of
their official duties; members of any
organized rescue or fire fighting force
performing an official duty; or persons
who are expressly authorized or
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 Parks and Wildlife.
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Penalties
Under the Taylor Grazing Act, 43
U.S.C. 315a, any willful violation of
these supplementary rules on public
lands within a grazing district of the
ARTMA is punishable by a fine of not
more than $500. Under Section 303(a) of
the Federal Land Policy and
Management Act, 43 U.S.C. 1733(a), and
43 CFR 8360.0–7, any person who
knowingly and willfully violates any of
these supplementary rules on public
lands within the ARTMA may be tried
before a United States Magistrate and
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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.
Helen Hankins,
Bureau of Land Management, State Director,
Colorado State Office.
[FR Doc. 2013–03299 Filed 2–12–13; 8:45 am]
BILLING CODE 4310–JB–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[L12200000.MV0000/LLCAC05000]
Notice of Final Supplementary Rules
for Public Lands Managed by the Ukiah
Field Office in Lake, Sonoma,
Mendocino, Glenn, Colusa, Napa,
Marin, Yolo and Solano Counties, CA
Bureau of Land Management,
Interior.
ACTION: Final supplementary rules.
AGENCY:
In accordance with the
Record of Decision (ROD) for the Ukiah
Field Office Approved Resource
Management Plan (RMP), the Bureau of
Land Management (BLM) is establishing
final supplementary rules. The Final
Environmental Impact Statement (EIS)
identified and thoroughly analyzed the
effects of land use limitations and
restrictions, and specified that
supplementary rules would be required
for resource protection and visitor
safety. Upon publication, these final
supplementary rules will supersede the
interim final supplementary rules that
apply to public lands within the Ukiah
Field Office’s jurisdiction. The BLM has
determined that these final
supplementary rules are necessary to
enhance visitor safety, protect natural
resources, improve recreation
opportunities, and protect public health.
These rules do not impose or implement
any land use limitations and restrictions
other than those included within the
Ukiah RMP.
DATES: The final supplementary rules
are effective February 13, 2013.
ADDRESSES: Bureau of Land
Management, Ukiah Field Office, 2550
North State Street, Ukiah, CA 95482.
The final supplementary rules are
available for inspection at the Ukiah
Field Office and on the Ukiah Field
Office Web page (https://www.blm.gov/
ca/st/en/fo/ukiah.html).
FOR FURTHER INFORMATION CONTACT:
Jonna Hildenbrand, Bureau of Land
Management, Ukiah Field Office, 2550
North State Street, Ukiah, California
SUMMARY:
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95482, 707–468–4024, or email
jhildenb@ca.blm.gov.
SUPPLEMENTARY INFORMATION:
I. Background
II. Public Comment and Discussion of Final
Supplementary Rules
III. Procedural Matters
I. Background
The BLM is establishing these 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. This provision allows the
BLM to issue rules of less than national
effect without codifying the rules in the
Code of Federal Regulations. These final
supplementary rules apply to public
lands managed by the Ukiah Field
Office in Lake, Sonoma, Mendocino,
Glenn, Colusa, Napa, Marin, Yolo, and
Solano Counties of California. Maps of
the management areas and boundaries
can be obtained by contacting the Ukiah
Field Office (see ADDRESSES) or by
accessing the following Web site
https://www.blm.gov/ca/st/en/fo/ukiah.
The final supplementary rules will be
available for inspection at the Ukiah
Field Office https://www.blm.gov/ca/st/
en/fo/ukiah.
II. Public Comment and Discussion of
Final Supplementary Rules
The BLM published interim final
supplementary rules on June 2, 2011 (76
FR 31979). The rules became effective
immediately upon publication with the
BLM having set forth good cause for
such in the preamble language, which
detailed unsafe target shooting
practices, resource degradation, and the
presence of critical habitat. The BLM
invited public comments on the interim
rules for 60 days. The comment period
closed on August 1, 2011. No comments
were received during this period.
The final supplementary rules have
been clarified, mapping efforts
explained, definitions refined, and
typographical and grammatical errors
corrected. In Sections 2 and 3, all
references to ‘‘interim final
supplementary rules of conduct’’ and
‘‘interim supplementary rules’’ have
been deleted and, in appropriate
instances, have been replaced with text
indicating that these are now final
supplementary rules.
III. 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 the Office of
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]]>Agencies
[Federal Register Volume 78, Number 30 (Wednesday, February 13, 2013)]
[Notices]
[Pages 10203-10206]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-03299]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLCOF0200-L12200000-DU0000]
Notice of Final 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
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice of Final Supplementary Rules.
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SUMMARY: The Bureau of Land Management (BLM) is establishing
supplementary rules to regulate conduct on public lands within the
Arkansas River Travel Management Area (ARTMA) in Chaffee, Custer, and
Fremont Counties, Colorado. These supplementary rules address decisions
found in the Arkansas River Travel Management Plan (ARTMP). Travel
management actions and changes to the off-highway vehicle (OHV)
designations were detailed and analyzed in an Environmental Assessment
(EA). The Royal Gorge Field Office (RGFO) signed a Finding of No
Significant Impact (FONSI) on December 18, 2007. The BLM issued two
Decision Records following the ARTMP EA: one on April 29, 2008, to
amend OHV designations identified in the EA, and a second on May 21,
2008, to implement the travel management actions identified in the EA.
The rules were published in the Federal Register as a proposal on July
23, 2010 and public comment was solicited. The Decision Records
included revising travel regulations for the area including bicycle
use, identifying shooting restrictions, and limiting an area to a
certain vehicle type. These travel regulations are designed to provide
for public health and safety and to protect natural resources within
the ARTMA.
DATES: Effective Date: These supplementary rules are effective March
15, 2013.
ADDRESSES: You may send inquiries by mail to the BLM Royal Gorge Field
Office, 3028 East Main Street, Ca[ntilde]on City, Colorado 81212; or by
email to rgfo_comments@blm.gov and include ``Final Supplementary
Rules'' in the subject line.
FOR FURTHER INFORMATION CONTACT: Keith Berger, Field Manager, BLM Royal
Gorge Field Office, at the address listed above, or by phone at 719-
269-8500. Persons who use a telecommunications device for the deaf
(TDD) may call the Federal Information Relay Service (FIRS) at 1-800-
877-8339 to contact the above individual during normal business hours.
The FIRS is available 24 hours a day, 7 days a week, to leave a message
or question with the above individual. You will receive a reply during
normal business hours.
SUPPLEMENTARY INFORMATION:
I. Background
II. Discussion of Public Comments and Final Supplementary Rules
III. Procedural Matters
IV. Final Supplementary Rules
I. Background
The ARTMA covers approximately 240,555 acres of public land within
Chaffee, Custer, and Fremont Counties, Colorado, in the following
townships:
New Mexico Principal Meridian
Tps. 49 to 51 N., R. 8 E.
Tps. 48 to 50 N., R. 9 E.
Tps. 47 to 49 N., R. 10 E.
Tps. 47 to 49 N., R. 11 E.
Tps. 47 to 49 N., R. 12 E.
Sixth Principal Meridian
Tps. 18 to 19 S., R. 70 W.
Tps. 18 to 22 S., R. 71 W.
Tps. 17 to 22 S., R. 72 W.
[[Page 10204]]
Tps. 17 to 22 S., R. 73 W.
The ARTMA includes the Methodist Mountain Area south of Salida,
Colorado (2,314 acres), located in T. 49 N., R. 9 E., secs. 7 to 10,
inclusive, secs. 15 to 18, inclusive, and T. 49 N., R. 8 E., secs. 12
and 13. The Turkey Rock Area near Howard, Colorado (361 acres), is
located in T. 48 N., R., 10 E., secs. 1 and 2, and the Turkey Rock
Trials Area (52 acres) is located in T. 48 N., R. 10 E., secs. 1 and 2,
within the Turkey Rock Area. Part of the ARTMA lies within the Arkansas
River Special Recreation Management Area.
Travel management actions and changes to the OHV designations for
the ARTMA were analyzed in the ARTMP EA and documented in the two 2008
Decision Records including the one that amended the Royal Gorge
Resource Management Plan. Proposed Supplementary Rules were developed
to enforce the decisions made in these documents. The proposed
supplementary rules were published in the Federal Register (75 FR
43200) on July 23, 2010, and the public comment period ended September
21, 2010. The final supplementary rules are consistent with decisions
found in the ARTMP and the BLM's National Management Strategy for
Motorized Off-Highway Vehicle Use on Public Lands (2001).
II. Discussion of Public Comments and Final Supplementary Rules
The BLM received three comment letters during the 60-day public
comment period. In response to these comments, the BLM has:
Revised proposed rule number 1 to clarify that all
motorized travel is limited to designated roads and trails, and for
purposes of parking and camping travel is allowed up to 100 feet from
the centerline of a road or trail only if this travel does not cause or
is unlikely to cause significant undue damage to or disturbances of the
soil, wildlife, wildlife habitat, improvements, cultural, or vegetative
resources or other other uses of the public lands;
Clarified allowable uses under proposed rule number 4 for
the Turkey Rock Trials Area; and
Added a fifth rule to reflect an ARTMP decision regarding
day use in the Turkey Rock Trials Area.
In addition, the BLM has changed the heading ``Exceptions'' to
``Exemptions,'' added the Taylor Grazing Act to the penalties
provision, and reworded several of the proposed supplementary rules to
reflect the third-person style.
One commenter expressed concern about proposed supplementary rule
number 2. However, the commenter did not oppose this rule or any of the
other proposed supplementary rules since there is a good working
relationship between the BLM Royal Gorge Field Office and the local
mountain bike community. Proposed supplementary rule number 2, which
restricts mountain bicycle travel to designated routes that are
identified as available for this use, was analyzed in the 2008 ARTMP
EA. This supplementary rule is essential to enforce the decision found
in the ARTMP and Decision Record that was made to protect resources.
A second commenter suggested that a recreational target shooting
closure in the Cotopaxi, Colorado, area should be added to the proposed
supplementary rules. The area identified by the commenter was not
addressed in the ARTMP, and therefore no supplementary rules were
proposed or studied for this area. The proposed supplementary rules
were not revised in response to this comment because the suggested
closure cannot occur without revising the ARTMP.
A third commenter identified several issues of concern. The
commenter suggested that proposed supplementary rule number 1 be
clarified in order to carry out the intent of the Decision Record. The
commenter thought that the intent of the Decision Record was to
prohibit all motor vehicle travel more than 100 feet in any direction
off a designated route and that as written, this restriction would not
carry out the BLM's intent of allowing vehicle travel within the 100-
foot corridor for the purpose of parking. As proposed, rule number 1
stated, ``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.'' In response to this comment, proposed
supplementary rule number 1 has been revised as follows: ``All
motorized travel is limited to designated roads and trails. For the
purposes of parking, including camping, travel is allowed up to 100
feet from the centerline of a designated road or trail only if this
travel does not cause or is unlikely to cause significant undue damage
to or disturbances of the soil, wildlife, wildlife habitat,
improvements, cultural, or vegetative resources or other other uses of
the public lands.''
The commenter also asked that proposed rule number 2 be revised to
prohibit the possession of a mountain bike off of designated trails. As
proposed, rule number 2 stated, ``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.'' The prohibition recommended by the commenter does not follow
the language set forth in the ARTMP and Decision Record for limiting
travel using bicycles to designated roads and trails; therefore, the
BLM has not revised the proposed rule in response to this comment.
The commenter also expressed concern with proposed rule number 4,
which provided as follows: ``You may not operate a motorized vehicle
within the area known as Turkey Rock Trials Area (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.'' The commenter stated that
``observed trials riding'' should be better defined to clarify the
allowable use. The BLM agrees with the comment that ``observed trials
riding'' must be carefully defined; however, there is concern that by
further defining the type of equipment, any changes in the observed
trials industry could make the rule obsolete. As a result, the proposed
rule was changed to eliminate equipment details and simplify the phrase
as ``motorcycle specifically designed for observed trials riding.''
This change will rule out non-trials type motorcycles and should also
capture any changes in the motorcycle trials industry.
Finally, the commenter noted that the ARTMP identified the Turkey
Rock Area as day-use only and asked the BLM to establish a
supplementary rule to reflect that status. The ARTMP limits trials bike
use at the Turkey Rock Trials Area to ``day use'' only. The original
proposal unintentionally omitted this detail but it was identified as a
management action in the Decision Record so the BLM has added a
supplementary rule that provides that motorcycles specifically designed
for observed trials riding are prohibited within the Turkey Rock Trials
Area after sunset and before sunrise. However, the new supplementary
rule does not close the area to all night uses. Camping and hiking will
still be permitted at night in the Turkey Rock Trials Area.
III. Procedural Matters
Executive Order 12866, Regulatory Planning and Review
The final supplementary rules are not significant regulatory action
and are not subject to review by the Office of Management and Budget
under Executive Order 12866. They do not have an annual effect of $100
million or more on the economy. They do not adversely affect, in a
material way, the economy, productivity, competition,
[[Page 10205]]
jobs, the environment, public health or safety, or state, local, or
tribal governments or communities. They do not create a serious
inconsistency or otherwise interfere with an action taken or planned by
another agency. They do not materially alter the budgetary effects of
entitlements, grants, user fees, loan programs, or the rights or
obligations of their recipients, nor do they raise novel legal or
policy issues. The final supplementary rules merely establish rules of
conduct for public use of a limited area of public lands.
National Environmental Policy Act (NEPA)
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). In compliance with NEPA,
Environmental Assessment CO-200-2006-0086EA fully analyzed the
environmental effects of the motorized and non-motorized travel
restrictions, and the restrictions on recreational target shooting that
are addressed in these final supplementary rules. A 45-day public
comment period on the EA began on June 19, 2007. Following analysis of
the public comments, the BLM signed a FONSI on December 18, 2007, and
issued two Decision Records on the ARTMP: one on April 29, 2008, and
the other on May 21, 2008. The Decision Records approved management
actions that are addressed in the supplementary rules included in this
notice. The final supplementary rules will allow the BLM to enforce
decisions developed to protect public health, safety, and the public
lands located within the ARTMA. The final supplementary rules do not
change or alter any of the NEPA analysis completed in the EA or any of
the Decision Records. In compliance with the NEPA, the BLM reviewed in
the EA the actions the final supplementary rules will enforce, and
concluded that these actions do not constitute major Federal actions
under 42 U.S.C. 4332(2)(C), Section 102(2)(C), so the RGFO was able to
reach a FONSI. The BLM placed the EA and FONSI on file in the BLM
Administrative Record at the RGFO.
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 final supplementary rules
merely establish rules of conduct for public use of a limited area of
public lands. Therefore, the BLM has determined under the RFA that
these supplementary rules would not have a significant economic impact
on a substantial number of small entities.
Small Business Regulatory Enforcement Fairness Act
These final supplementary rules are not considered a `major rule'
as defined under 5 U.S.C. 804(2). The supplementary rules merely
establish rules of conduct for public use of a limited area of public
lands and do not affect commercial or business activities of any kind.
Unfunded Mandates Reform Act
These final supplementary rules will 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 will they have a
significant or unique effect on small governments. The final
supplementary rules will have no effect on governmental or tribal
entities and will impose no requirements on any of these entities. The
final supplementary rules merely establish rules of conduct for public
use of a limited area 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)
The final supplementary rules are not government action capable of
interfering with constitutionally protected property rights. Therefore,
the BLM has determined that the final supplementary rules will not
cause a taking of private property or require further discussion of
takings implications under this Executive Order.
Executive Order 13132, Federalism
The 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, in
accordance with Executive Order 13132, the BLM has determined that the
supplementary rules will 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
final supplementary rules will 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, the BLM determined that
these supplementary rules do not include policies that have tribal
implications. The supplementary rules merely establish rules of conduct
for public use of a limited area of public land and do not affect land
held for the benefit of Indians or Alaska Natives or impede their
rights.
Paperwork Reduction Act
The final supplementary rules do 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. Moreover, any information collection that may result from Federal
criminal investigations or prosecutions conducted under these
supplementary rules is exempt under 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 determined that these final
supplementary rules are not a significant energy action, and that they
will not have an adverse effect on energy supplies, distribution, or
use.
IV. Final Supplementary Rules
Author
The principal author of these supplementary rules is Leah
Quesenberry, Associate District Manager, BLM Colorado Front Range
District.
For the reasons stated in the preamble, and under the authority of
the Federal Land Policy and Management Act, 43 U.S.C. 1733 and 1740,
the Taylor Grazing Act, 43 U.S.C. 315a,, and 43 CFR 8365.1-6, the BLM
Colorado State Director establishes the following final supplementary
rules for public lands within the ARTMA, Colorado, to read as follows:
[[Page 10206]]
Final Supplementary Rules for the Arkansas River Travel Management
Area, Bureau of Land Management, Royal Gorge Field Office, Colorado
1. All motorized travel is limited to designated roads and trails.
For the purposes of parking, including camping, travel is allowed up to
100 feet from the centerline of a designated road or trail only if this
travel does not cause or is unlikely to cause significant undue damage
to or disturbances of the soil, wildlife, wildlife habitat,
improvements, cultural, or vegetative resources or other uses of the
public lands.
2. Bicycle riding is limited to designated roads and trails marked
open to such use by a Bureau of Land Management (BLM) sign or map.
3. Recreational target shooting is prohibited on all public lands
within the Methodist Mountain Area south of Salida (2,314 acres) and
the Turkey Rock area near Howard (361 acres). These areas are
identified as closed to recreational target shooting by either a BLM
sign or map.
4. Operation of a motorized vehicle within the area known as Turkey
Rock Trials Area (52 acres) is limited to motorcycles specifically
designed for observed trials riding.
5. Motorcycles specifically designed for observed trials riding are
prohibited within the Turkey Rock Trials Area after sunset or before
sunrise.
Exemptions
The following persons are exempt from these supplementary rules:
any Federal, state, local, and/or military employee acting within the
scope of their official duties; members of any organized rescue or fire
fighting force performing an official duty; or persons who are
expressly authorized or 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
Parks and Wildlife.
Penalties
Under the Taylor Grazing Act, 43 U.S.C. 315a, any willful violation
of these supplementary rules on public lands within a grazing district
of the ARTMA is punishable by a fine of not more than $500. Under
Section 303(a) of the Federal Land Policy and Management Act, 43 U.S.C.
1733(a), and 43 CFR 8360.0-7, any person who knowingly and willfully
violates any of these supplementary rules on public lands within the
ARTMA 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.
Helen Hankins,
Bureau of Land Management, State Director, Colorado State Office.
[FR Doc. 2013-03299 Filed 2-12-13; 8:45 am]
BILLING CODE 4310-JB-P
