Notice of Proposed Supplementary Rules for Travel Management on Public Lands in Gunnison, Montrose, Hinsdale, and Saguache Counties, CO., 26804-26807 [2013-10896]
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26804
Federal Register / Vol. 78, No. 89 / Wednesday, May 8, 2013 / Notices
quarter of Section 8, Township 4 North,
Range 1 East of the Willamette
Meridian, Clark County, Washington;
thence North 200 feet; thence West 435
feet; thence South 200 feet to a point on
the South line of the Northeast quarter
of the Northeast quarter of said Section;
thence East 435 feet to the Point of
Beginning.
PARCEL IX
That portion of the Northeast quarter
of the Northeast quarter of Section 8,
Township 4 North, Range 1 East of the
Willamette Meridian, Clark County,
Washington; described as follows:
BEGINNING at a point 612 feet East
of the Northwest corner of the Northeast
quarter of the Northeast quarter of
Section 8, Township 4 North, Range 1
East of the Willamette Meridian, Clark
County, Washington; thence South 191
feet; thence East 228 feet; thence North
191 feet; thence West 228 feet to the
Point of Beginning.
EXCEPT County Roads.
ALSO EXCEPT that portion thereof
conveyed to the State of Washington by
deed recorded under Auditor’s File Nos.
G 500929 and G 143551.
Dated: April 26, 2013.
Kevin K. Washburn,
Assistant Secretary—Indian Affairs.
[FR Doc. 2013–10924 Filed 5–7–13; 8:45 am]
BILLING CODE 4310–4N–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLNM940000. L1420000.BJ0000]
Notice of Filing of Plats of Survey, New
Mexico
Bureau of Land Management,
Interior.
ACTION: Notice of filing of plats of
survey.
AGENCY:
The plats of survey described
below are scheduled to be officially
filed in the New Mexico State Office,
Bureau of Land Management, Santa Fe,
New Mexico, thirty (30) calendar days
from the date of this publication.
FOR FURTHER INFORMATION CONTACT:
These plats will be available for
inspection in the New Mexico State
Office, Bureau of Land Management,
301 Dinosaur Trail, Santa Fe, New
Mexico. Copies may be obtained from
this office upon payment. Contact
Marcella Montoya at 505–954–2097, or
by email at mmontoya@blm.gov, for
assistance. Persons who use a
telecommunications device for the deaf
(TDD) may call the Federal Information
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SUMMARY:
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Relay Service (FIRS) at 1–800–877–8339
to contact the above individual during
normal business hours.
SUPPLEMENTARY INFORMATION:
Indian Meridian, Oklahoma (OK)
Director within thirty (30) days after the
protest is filed.
Robert A. Casias,
Deputy State Director, Cadastral Survey/
GeoSciences.
[FR Doc. 2013–10906 Filed 5–7–13; 8:45 am]
The plat, representing the dependent
resurvey and survey in Township 1
South, Range 3 East, of the Indian
Meridian, accepted March 11, 2013, for
Group 216 OK.
BILLING CODE 4310–FB–P
New Mexico Principal Meridian, New
Mexico (NM)
[LLCOS0600–L12200000–DU0000]
The plat, representing the dependent
resurvey and survey in Township 14
South, Range 11 West, of the New
Mexico Principal Meridian, NM,
accepted March 11, 2013, for Group
1135 NM.
The plat, representing the dependent
resurvey and survey of the Antonio
Martinez Grant, in the New Mexico
Principal Meridian, NM, accepted
March 18, 2013, for Group 1126 NM.
The plat, representing the dependent
resurvey and survey in Township 14 &
15 North, Range 4 West, of the New
Mexico Principal Meridian, NM,
accepted April 1, 2013, for Group 1140
NM.
The plat, representing the dependent
resurvey and survey in Township 17
North, Range 5 East, of the New Mexico
Principal Meridian, NM, accepted April
15, 2013, for Group 1142 NM.
These plats are scheduled for official
filing 30 days from the notice of
publication in the Federal Register, as
provided for in the BLM Manual Section
2097—Opening Orders. Notice from this
office will be provided as to the date of
said publication. If a protest against a
survey, in accordance with 43 CFR
4.450–2, of the above plats is received
prior to the date of official filing, the
filing will be stayed pending
consideration of the protest.
A plat will not be officially filed until
the day after all protests have been
dismissed and become final or appeals
from the dismissal affirmed.
A person or party who wishes to
protest against any of these surveys
must file a written protest with the
Bureau of Land Management New
Mexico State Director stating that they
wish to protest.
A statement of reasons for a protest
may be filed with the Notice of Protest
to the State Director or the statement of
reasons must be filed with the State
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
Notice of Proposed Supplementary
Rules for Travel Management on
Public Lands in Gunnison, Montrose,
Hinsdale, and Saguache Counties, CO.
Bureau of Land Management,
Interior.
ACTION: Notice of Proposed
Supplementary Rules.
AGENCY:
The Bureau of Land
Management (BLM) Colorado is
proposing supplementary rules for
public lands included in the Gunnison
Basin Federal Lands Travel
Management Plan (TMP), approved on
June 28, 2010. These proposed
supplementary rules would apply to
public lands administered by the BLM,
Gunnison Field Office in Gunnison,
Montrose, Hinsdale, and Saguache
counties, Colorado. The proposed rules
would implement decisions found in
the TMP relating to the use of motorized
and non-motorized vehicles.
DATES: You should submit your
comments by July 8, 2013.
ADDRESSES: You may submit comments
by the following methods: Mail or hand
deliver to Kristi Murphy, Outdoor
Recreation Planner, BLM Gunnison
Field Office, 650 S. 11th Street,
Gunnison, CO 81230. You may also
submit comments via email to
kmurphy@blm.gov (include ‘‘Proposed
Supplementary Rules’’ in the subject
line).
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Kristi Murphy, Outdoor Recreation
Planner, at BLM Gunnison Field Office,
650 S. 11th Street, Gunnison, Colorado
81230, or by phone at 970–642–4955.
Persons who use a telecommunications
device for the deaf (TDD) may call the
Federal Information Relay Service
(FIRS) at 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:
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Federal Register / Vol. 78, No. 89 / Wednesday, May 8, 2013 / Notices
I. Public Comment Procedures
Written comments on the proposed
supplementary rules should be specific,
be confined to issues pertinent to the
proposed supplementary rules, and
explain the reason for any
recommended change. Where possible,
comments should reference the specific
section or paragraph of the proposed
supplementary rules that the comment
is addressing. The BLM is not obligated
to consider or include in the
Administrative Record for the final
supplementary rules comments the BLM
receives after the close of the comment
period (see DATES), unless they are
postmarked or electronically dated
before the deadline, or comments
delivered to an address other than one
of the addresses listed above (see
ADDRESSES).
Comments, including names, street
addresses, and other contact
information of respondents, will be
available for public review at the
address listed above, during regular
business hours (7:30 a.m. to 4:30 p.m.,
Monday through Friday, except on
Federal holidays). 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 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
Before 2010, the BLM Gunnison Field
Office used the BLM’s 1980
Transportation Plan and the 2001
Gunnison Interim Travel Plan issued by
the BLM and the U.S. Forest Service to
manage travel on BLM-managed lands.
As called for in the 2001 Travel Plan,
the BLM and the Forest Service
embarked on a planning process to
develop a more definitive and
comprehensive system of routes across
Federal lands in the Gunnison Basin.
The two agencies jointly published in
the Federal Register a Notice of Intent
to Prepare an Environmental Impact
Statement at 72 FR 24267 (May 2, 2007).
They subsequently published the
Gunnison Basin Federal Lands Travel
Management Plan (TMP) Environmental
Impact Statement (EIS) (CO–160–2008–
025–EIS). Following analysis of the
public comments, the BLM issued a
decision record on June 28, 2010. The
TMP replaces the 1980 Transportation
Plan and the 2001 Interim Travel Plan.
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These proposed supplementary rules
would enable the BLM to implement
several key decisions contained in the
TMP to protect natural resources and
provide for public health and safety. No
other existing rules would be affected by
these proposed supplementary rules.
III. Discussion of Proposed
Supplementary Rules
These proposed supplementary rules
apply to public lands administered by
the BLM Gunnison Field Office. The
TMP area consists of approximately
585,012 acres of public lands within
Gunnison, Montrose, Hinsdale and
Saguache counties, Colorado, in the
following described townships:
Sixth Principal Meridian
Tps. 11 S., Rs. 83 and 84 W., unsurveyed.
Tps. 11 S., Rs. 86 and 87 W., partly
unsurveyed.
Tps. 12 S., Rs. 82 to 87 W., partly
unsurveyed.
Tps. 13 S., Rs. 80 to 87 W., partly
unsurveyed.
Tps. 14 S., Rs. 80 to 88 W., partly
unsurveyed.
Tps. 15 S., Rs. 81 to 88 W., partly
unsurveyed.
New Mexico Principal Meridian
Tps. 43 N., Rs. 1 and 2 E., partly
unsurveyed.
Tps. 44 N., Rs. 1, 2, and 3 E., partly
unsurveyed.
Tps. 45 N., Rs. 1, 2, and 3 E., partly
unsurveyed.
Tps. 46 N., Rs. 1 to 4 E., partly unsurveyed.
Tps. 47 N., Rs. 1 to 7 E., partly unsurveyed.
Tps. 48 N., Rs. 1 to 7 E.
Tps. 49 N., Rs. 1 to 6 E.
Tps. 50 N., Rs. 1 to 6 E.
Tps. 51 N., Rs. 1 to 5 E.
Tps. 41 N., Rs. 5 and 6 W., unsurveyed.
Tps. 42 N, Rs. 3 to 6 W., partly unsurveyed.
Tps. 43 N., Rs. 1 to 7 W., partly
unsurveyed.
Tps. 44 N., Rs. 1 to 6 W., partly
unsurveyed.
Tps. 45 N., Rs. 1 to 6 W., partly
unsurveyed.
Tps. 46 N., Rs. 1 to 6 W., partly
unsurveyed.
Tps. 47 N., Rs. 1 to 6 W.
Tps. 48 N., Rs. 1 to 6 W.
Tps. 49 N., Rs. 1 to 6 W.
Tps. 50 N., Rs. 1 to 4 W.
Tps. 51 N., Rs. 1 to 4 W.
The proposed supplementary rules
are consistent with the decision record
for the TMP, approved on June 28, 2010.
The TMP includes specific management
actions that restrict certain activities
and define allowable uses. These
proposed supplementary rules would
apply only to public lands administered
by the BLM Gunnison Field Office. The
proposed supplementary rules would
restrict the possession and use of
mechanized and motorized vehicles to
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designated travel routes which were
defined in the TMP. The proposed rules
would provide two exemptions from the
restrictions. One exemption would
allow big game hunters to use game
carts—which are considered
mechanized vehicles—off of designated
travel routes to retrieve large game
animals outside of designated
wilderness and wilderness study areas.
Game carts would continue to be
excluded from designated wilderness
and wilderness study areas. The second
exemption would allow vehicles to pull
off of designated travel routes up to 30
feet from the edge of a roadway and to
travel within 300 feet of a designated
travel route on existing routes to
accommodate parking, dispersed
camping, and general recreation.
The proposed supplementary rules
would also restrict the possession and
use of motorized vehicles in priority
sage-grouse habitat from March 15 to
May 15. Restrictions on general travel
and off-highway vehicle use are
intended to enhance public safety,
protect natural and cultural resources,
eliminate motorized and non-motorized
impacts on sensitive species habitat,
and reduce conflicts among public land
users.
IV. Procedural Matters
Executive Order 12866, Regulatory
Planning and Review
These proposed supplementary rules
are not a significant regulatory action
and are not subject to review by Office
of Management and Budget under
Executive Order 12866. These proposed
supplementary rules would not have an
effect of $100 million or more on the
economy. These proposed
supplementary rules would not
adversely affect in a material way the
economy; productivity; competition;
jobs; the environment; public health or
safety; or state, local, or tribal
governments or communities. These
proposed supplementary rules would
not create a serious inconsistency or
otherwise interfere with an action taken
or planned by another agency. These
proposed supplementary rules do not
materially alter the budgetary effects of
entitlements, grants, user fees, or loan
programs, or the rights or obligations of
their recipients; nor do they raise novel
legal or policy issues. These proposed
supplementary rules would not affect
legal commercial activity, but merely
impose limitations on certain
recreational activities on certain public
lands to protect natural resources and
human health and safety.
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Federal Register / Vol. 78, No. 89 / Wednesday, May 8, 2013 / Notices
Clarity of the Supplementary Rules
Executive Order 12866 requires each
agency to write regulations that are
simple and easy to understand. In
addition to written comments requested
on substantive issues pertinent to the
proposed supplementary rules, the BLM
invites comments on how to make these
proposed supplementary rules easier to
understand, including answers to
questions such as the following:
(1) Are the requirements in the
proposed supplementary rules clearly
stated?
(2) Do the proposed supplementary
rules contain technical language or
jargon that interferes with their clarity?
(3) Does the format of the proposed
supplementary rules (grouping and
order of sections, use of headings,
paragraphing, etc.) aid or reduce its
clarity?
(4) Would the proposed
supplementary rules be easier to
understand if they were divided into
more (but shorter) sections?
(5) Is the description of the proposed
supplementary rules in the ‘‘Discussion
of Proposed Supplementary Rules’’
section of this preamble helpful in
understanding these proposed
supplementary rules? How could this
description be more helpful in making
the proposed supplementary rules easier
to understand?
Please send any comments you have
on the clarity of the proposed
supplementary rules to the address
specified in the ADDRESSES section.
National Environmental Policy Act
These proposed supplementary rules
implement key decisions in the TMP.
During the National Environmental
Policy Act (NEPA) review for the TMP,
the BLM fully analyzed the substance of
these proposed supplementary rules in
Environmental Impact Statement (EIS)
(CO–160–2008–025–EIS). The BLM
signed the Decision Record for the EIS
on June 28, 2010. The BLM will place
the TMP EIS, Decision Record and an
appropriate Determination of NEPA
Adequacy (DNA) on file in the BLM
Administrative Record at the address
specified in the ADDRESSES section.
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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
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entities. These proposed supplementary
rules would have no effect on business
entities of any size. These proposed
supplementary rules would merely
impose reasonable restrictions on
certain recreational activities on certain
public lands to protect natural resources
and the environment and human health
and safety. Therefore, the BLM has
determined under the RFA that these
proposed supplementary rules would
not have a significant economic impact
on a substantial number of small
entities.
constitutionally protected property
rights. The proposed supplementary
rules would not address property rights
in any form, and would not cause the
impairment of constitutionally
protected property rights. Therefore, the
BLM has determined that these
proposed supplementary rules would
not cause a ‘‘taking’’ of private property
or require further discussion of takings
implications under this Executive
Order.
Small Business Regulatory Enforcement
Fairness Act
These proposed supplementary rules
are not a ‘‘major rule’’ as defined at 5
U.S.C. 804(2). These proposed
supplementary rules would merely
impose reasonable restrictions on
certain recreational activities on certain
public lands to protect natural resources
and the environment and human health
and safety. These proposed
supplementary rules would not:
(1) Have an annual effect on the
economy of $100 million or more;
(2) Cause a major increase in costs or
prices for consumers, individual
industries, Federal, state, or local
agencies, or geographic regions; or
(3) Have significant adverse effects on
competition, employment, investment,
productivity, innovation, or on the
ability of United States-based
enterprises to compete with foreignbased enterprises in domestic and
export markets.
The proposed supplementary rules
would not have a substantial direct
effect on the states, on the relationship
between the national government and
the states, or on the distribution of
power and responsibilities among the
various levels of government. Therefore,
in accordance with Executive Order
13132, the BLM has determined that
these proposed supplementary rules do
not have sufficient Federalism
implications to warrant preparation of a
Federalism Assessment.
Unfunded Mandates Reform Act
These proposed supplementary rules
would not impose an unfunded
mandate on state, local, or tribal
governments, or the private sector of
more than $100 million per year; nor
would these proposed supplementary
rules have a significant or unique effect
on state, local, or tribal governments or
the private sector. The proposed
supplementary rules would merely
impose reasonable restrictions on
certain recreational activities on certain
public lands to protect natural resources
and the environment and human health
and safety. Therefore, the BLM is not
required to prepare a statement
containing the information required by
the Unfunded Mandates Reform Act (2
U.S.C. 1531 et seq.).
Executive Order 12630, Governmental
Actions and Interference With
Constitutionally Protected Property
Rights (Takings)
These proposed supplementary rules
do not constitute a Government action
capable of interfering with
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Executive Order 13132, Federalism
Executive Order 12988, Civil Justice
Reform
Under Executive Order 12988, the
BLM Colorado State Director has
determined that these proposed
supplementary rules would not unduly
burden the judicial system and that they
meet the requirements of Sections 3(a)
and 3(b) (2) of the Order.
Executive Order 13175, Consultation
and Coordination With Indian Tribal
Governments
In accordance with Executive Order
13175, the BLM has found that these
proposed rules do not include policies
that have tribal implications, and would
have no bearing on trust lands or on
lands for which title is held in fee status
by Indian tribes or U.S. Governmentowned lands managed by the Bureau of
Indian Affairs.
Information Quality Act
In developing these proposed
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
Pub. L. 106–554).
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
These proposed supplementary rules
do not comprise a significant energy
action. These proposed supplementary
rules would not have an adverse effect
on energy supply, production, or
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Federal Register / Vol. 78, No. 89 / Wednesday, May 8, 2013 / Notices
consumption and have no connection
with energy policy.
Executive Order 13352, Facilitation of
Cooperative Conservation
In accordance with Executive Order
13352, the BLM has determined that the
proposed supplementary rules would
not impede facilitating cooperative
conservation; would take appropriate
account of and consider the interests of
persons with ownership or other legally
recognized interests in land or other
natural resources; would properly
accommodate local participation in the
Federal decision-making process; and
would provide that the programs,
projects, and activities are consistent
with protecting public health and safety.
Paperwork Reduction Act
These proposed supplementary rules
do not contain information collection
requirements that the Office of
Management and Budget must approve
under the Paperwork Reduction Act of
1995, 44 U.S.C. 3501–3521.
Author
The principal author of these
proposed supplementary rules is Kristi
Murphy, Outdoor Recreation Planner,
BLM, Gunnison Field Office.
V. Proposed Rules
For the reasons stated in the
Preamble, and under the authority of 43
U.S.C. 315a, 1733(a), and 1740, and 43
CFR 8365.1–6, the State Director
proposes supplementary rules for public
lands within the Gunnison Field Office,
Colorado, to read as follows:
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Supplementary Rules for the Gunnison
Basin Travel Management Plan Area
Definitions
Camping means erecting a tent or a
shelter of natural or synthetic materials,
preparing a sleeping bag or other
bedding material for use, or parking a
motor vehicle, motor home, or trailer for
the purpose or apparent purpose of
overnight occupancy.
Designated travel routes means roads
and trails open to specified modes of
travel and identified on a map of
designated roads and trails that is
maintained and available for public
inspection at the Bureau of Land
Management (BLM) Gunnison Field
Office, Colorado. Designated roads and
trails are open to public use in
accordance with such limits and
restrictions as are, or may be, specified
in the resource management plan (RMP)
or travel management plan (TMP), or in
future decisions implementing the RMP.
This definition excludes any road or
trail with BLM-authorized restrictions
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that prevent use of the road or trail.
Restrictions may include signs or
physical barriers such as gates, fences,
posts, branches, or rocks.
Existing travel routes means
immediately recognizable motor vehicle
travel routes or two-track trails that are
not identified as closed to motorized
vehicle use by a BLM sign or map.
Public land means any land or
interest in land owned by the United
States and administered by the
Secretary of the Interior through the
BLM without regard to how the United
States acquired ownership.
Mechanized vehicle means a humanpowered mechanical device, such as a
bicycle; not powered by a motor.
Motorized vehicle means a vehicle
that is propelled by a motor or engine,
such as a car, truck, off-highway
vehicle, motorcycle, or snowmobile.
Prohibited Acts
1. Except as provided by Rule 2
below, you must not operate or possess
a motorized or mechanized vehicle in
an area designated as closed to such use
by a BLM sign or map.
2. You must not operate or possess a
mechanized or motorized vehicle except
in areas designated or routes identified
for such use by a BLM sign or map,
unless:
• You are using a mechanized game
cart for the purpose of retrieving a large
game animal outside of Congressionally
designated wilderness areas or
wilderness study areas; or
• You are using a motorized vehicle
for the purpose of parking or camping
within 30 feet of the edge of a
designated travel route or on existing
travel routes within 300 feet of a
designated travel route.
3. You must not operate or possess a
motorized vehicle from March 15 to
May 15 in specific areas of priority sagegrouse habitat as designated by a BLM
sign or map, except to access private
inholdings with proper authorization.
Exceptions
These supplementary rules do not
apply to emergency, law enforcement,
and Federal or other government
vehicles while being used for official or
other emergency purposes, or to any
other vehicle use that is expressly
authorized or otherwise officially
approved by the BLM.
Penalties
Under Section 303(a) of the Federal
Land Policy and Management Act of
1976 (43 U.S.C. 1733(a) and 43 CFR
8360.0–7), any person who violates any
of these supplementary rules may be
tried before a United States Magistrate
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26807
and fined no more than $1,000 or
imprisoned for no more than 12 months,
or both. Such violations may also be
subject to the enhanced fines provided
for by 18 U.S.C. 3571.
Helen M. Hankins,
Bureau of Land Management, Colorado State
Director.
[FR Doc. 2013–10896 Filed 5–7–13; 8:45 am]
BILLING CODE 4310–JB–P
DEPARTMENT OF THE INTERIOR
National Park Service
[NPS–PWR–PWRO–12638; PPPWGOGAY0
PPMPSAS1Z.YP0000]
Vista Grande Drainage Basin
Improvement Project, Fort Funston,
Golden Gate National Recreation Area,
San Francisco County, CA
National Park Service, Interior.
Notice of Intent to Prepare an
Environmental Impact Statement.
AGENCY:
ACTION:
In accordance with
§ 102(2)(C) of the National
Environmental Policy Act (NEPA), and
the California Environmental Quality
Act (CEQA) Guidelines Section 15082,
the National Park Service, together with
the City of Daly City, intends to prepare
a joint Environmental Impact Statement
(EIS) and Environmental Impact Report
(EIR) to evaluate the potential
environmental effects of the proposed
Vista Grande Drainage Basin
Improvement Project (Project). The EIS/
EIR will address proposed
improvements to Daly City’s
infrastructure to address storm-related
flooding in the Vista Grande Watershed
Drainage Basin and the effects of coastal
erosion. The National Park Service
(NPS) is the lead agency for the
environmental review under NEPA. The
City of Daly City is the lead agency for
the environmental review under CEQA.
DATES: All written comments must be
postmarked not later than June 7, 2013.
Background: The Vista Grande
watershed area is located in the City of
Daly City and unincorporated
Broadmoor Village, in northwestern San
Mateo County. This watershed is
approximately 2.5 square miles in area
and is bordered by San Francisco
County to the north, Colma Creek
watershed to the south and east, and the
Pacific Ocean on the west. The Vista
Grande watershed is drained through
the Vista Grande Canal and Tunnel,
which are located in the City and
County of San Francisco, adjacent to
John Muir Drive and the southwestern
shoreline of Lake Merced. The Vista
SUMMARY:
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]]>Agencies
[Federal Register Volume 78, Number 89 (Wednesday, May 8, 2013)]
[Notices]
[Pages 26804-26807]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-10896]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLCOS0600-L12200000-DU0000]
Notice of Proposed Supplementary Rules for Travel Management on
Public Lands in Gunnison, Montrose, Hinsdale, and Saguache Counties,
CO.
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice of Proposed Supplementary Rules.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Land Management (BLM) Colorado is proposing
supplementary rules for public lands included in the Gunnison Basin
Federal Lands Travel Management Plan (TMP), approved on June 28, 2010.
These proposed supplementary rules would apply to public lands
administered by the BLM, Gunnison Field Office in Gunnison, Montrose,
Hinsdale, and Saguache counties, Colorado. The proposed rules would
implement decisions found in the TMP relating to the use of motorized
and non-motorized vehicles.
DATES: You should submit your comments by July 8, 2013.
ADDRESSES: You may submit comments by the following methods: Mail or
hand deliver to Kristi Murphy, Outdoor Recreation Planner, BLM Gunnison
Field Office, 650 S. 11th Street, Gunnison, CO 81230. You may also
submit comments via email to kmurphy@blm.gov (include ``Proposed
Supplementary Rules'' in the subject line).
FOR FURTHER INFORMATION CONTACT: Kristi Murphy, Outdoor Recreation
Planner, at BLM Gunnison Field Office, 650 S. 11th Street, Gunnison,
Colorado 81230, or by phone at 970-642-4955. Persons who use a
telecommunications device for the deaf (TDD) may call the Federal
Information Relay Service (FIRS) at 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:
[[Page 26805]]
I. Public Comment Procedures
Written comments on the proposed supplementary rules should be
specific, be confined to issues pertinent to the proposed supplementary
rules, and explain the reason for any recommended change. Where
possible, comments should reference the specific section or paragraph
of the proposed supplementary rules that the comment is addressing. The
BLM is not obligated to consider or include in the Administrative
Record for the final supplementary rules comments the BLM receives
after the close of the comment period (see DATES), unless they are
postmarked or electronically dated before the deadline, or comments
delivered to an address other than one of the addresses listed above
(see ADDRESSES).
Comments, including names, street addresses, and other contact
information of respondents, will be available for public review at the
address listed above, during regular business hours (7:30 a.m. to 4:30
p.m., Monday through Friday, except on Federal holidays). 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 can ask us in your
comment to withhold your personal identifying information from public
review, we cannot guarantee that we will be able to do so.
II. Background
Before 2010, the BLM Gunnison Field Office used the BLM's 1980
Transportation Plan and the 2001 Gunnison Interim Travel Plan issued by
the BLM and the U.S. Forest Service to manage travel on BLM-managed
lands. As called for in the 2001 Travel Plan, the BLM and the Forest
Service embarked on a planning process to develop a more definitive and
comprehensive system of routes across Federal lands in the Gunnison
Basin. The two agencies jointly published in the Federal Register a
Notice of Intent to Prepare an Environmental Impact Statement at 72 FR
24267 (May 2, 2007). They subsequently published the Gunnison Basin
Federal Lands Travel Management Plan (TMP) Environmental Impact
Statement (EIS) (CO-160-2008-025-EIS). Following analysis of the public
comments, the BLM issued a decision record on June 28, 2010. The TMP
replaces the 1980 Transportation Plan and the 2001 Interim Travel Plan.
These proposed supplementary rules would enable the BLM to implement
several key decisions contained in the TMP to protect natural resources
and provide for public health and safety. No other existing rules would
be affected by these proposed supplementary rules.
III. Discussion of Proposed Supplementary Rules
These proposed supplementary rules apply to public lands
administered by the BLM Gunnison Field Office. The TMP area consists of
approximately 585,012 acres of public lands within Gunnison, Montrose,
Hinsdale and Saguache counties, Colorado, in the following described
townships:
Sixth Principal Meridian
Tps. 11 S., Rs. 83 and 84 W., unsurveyed.
Tps. 11 S., Rs. 86 and 87 W., partly unsurveyed.
Tps. 12 S., Rs. 82 to 87 W., partly unsurveyed.
Tps. 13 S., Rs. 80 to 87 W., partly unsurveyed.
Tps. 14 S., Rs. 80 to 88 W., partly unsurveyed.
Tps. 15 S., Rs. 81 to 88 W., partly unsurveyed.
New Mexico Principal Meridian
Tps. 43 N., Rs. 1 and 2 E., partly unsurveyed.
Tps. 44 N., Rs. 1, 2, and 3 E., partly unsurveyed.
Tps. 45 N., Rs. 1, 2, and 3 E., partly unsurveyed.
Tps. 46 N., Rs. 1 to 4 E., partly unsurveyed.
Tps. 47 N., Rs. 1 to 7 E., partly unsurveyed.
Tps. 48 N., Rs. 1 to 7 E.
Tps. 49 N., Rs. 1 to 6 E.
Tps. 50 N., Rs. 1 to 6 E.
Tps. 51 N., Rs. 1 to 5 E.
Tps. 41 N., Rs. 5 and 6 W., unsurveyed.
Tps. 42 N, Rs. 3 to 6 W., partly unsurveyed.
Tps. 43 N., Rs. 1 to 7 W., partly unsurveyed.
Tps. 44 N., Rs. 1 to 6 W., partly unsurveyed.
Tps. 45 N., Rs. 1 to 6 W., partly unsurveyed.
Tps. 46 N., Rs. 1 to 6 W., partly unsurveyed.
Tps. 47 N., Rs. 1 to 6 W.
Tps. 48 N., Rs. 1 to 6 W.
Tps. 49 N., Rs. 1 to 6 W.
Tps. 50 N., Rs. 1 to 4 W.
Tps. 51 N., Rs. 1 to 4 W.
The proposed supplementary rules are consistent with the decision
record for the TMP, approved on June 28, 2010. The TMP includes
specific management actions that restrict certain activities and define
allowable uses. These proposed supplementary rules would apply only to
public lands administered by the BLM Gunnison Field Office. The
proposed supplementary rules would restrict the possession and use of
mechanized and motorized vehicles to designated travel routes which
were defined in the TMP. The proposed rules would provide two
exemptions from the restrictions. One exemption would allow big game
hunters to use game carts--which are considered mechanized vehicles--
off of designated travel routes to retrieve large game animals outside
of designated wilderness and wilderness study areas. Game carts would
continue to be excluded from designated wilderness and wilderness study
areas. The second exemption would allow vehicles to pull off of
designated travel routes up to 30 feet from the edge of a roadway and
to travel within 300 feet of a designated travel route on existing
routes to accommodate parking, dispersed camping, and general
recreation.
The proposed supplementary rules would also restrict the possession
and use of motorized vehicles in priority sage-grouse habitat from
March 15 to May 15. Restrictions on general travel and off-highway
vehicle use are intended to enhance public safety, protect natural and
cultural resources, eliminate motorized and non-motorized impacts on
sensitive species habitat, and reduce conflicts among public land
users.
IV. Procedural Matters
Executive Order 12866, Regulatory Planning and Review
These proposed supplementary rules are not a significant regulatory
action and are not subject to review by Office of Management and Budget
under Executive Order 12866. These proposed supplementary rules would
not have an effect of $100 million or more on the economy. These
proposed supplementary rules would not adversely affect in a material
way the economy; productivity; competition; jobs; the environment;
public health or safety; or state, local, or tribal governments or
communities. These proposed supplementary rules would not create a
serious inconsistency or otherwise interfere with an action taken or
planned by another agency. These proposed supplementary rules do not
materially alter the budgetary effects of entitlements, grants, user
fees, or loan programs, or the rights or obligations of their
recipients; nor do they raise novel legal or policy issues. These
proposed supplementary rules would not affect legal commercial
activity, but merely impose limitations on certain recreational
activities on certain public lands to protect natural resources and
human health and safety.
[[Page 26806]]
Clarity of the Supplementary Rules
Executive Order 12866 requires each agency to write regulations
that are simple and easy to understand. In addition to written comments
requested on substantive issues pertinent to the proposed supplementary
rules, the BLM invites comments on how to make these proposed
supplementary rules easier to understand, including answers to
questions such as the following:
(1) Are the requirements in the proposed supplementary rules
clearly stated?
(2) Do the proposed supplementary rules contain technical language
or jargon that interferes with their clarity?
(3) Does the format of the proposed supplementary rules (grouping
and order of sections, use of headings, paragraphing, etc.) aid or
reduce its clarity?
(4) Would the proposed supplementary rules be easier to understand
if they were divided into more (but shorter) sections?
(5) Is the description of the proposed supplementary rules in the
``Discussion of Proposed Supplementary Rules'' section of this preamble
helpful in understanding these proposed supplementary rules? How could
this description be more helpful in making the proposed supplementary
rules easier to understand?
Please send any comments you have on the clarity of the proposed
supplementary rules to the address specified in the ADDRESSES section.
National Environmental Policy Act
These proposed supplementary rules implement key decisions in the
TMP. During the National Environmental Policy Act (NEPA) review for the
TMP, the BLM fully analyzed the substance of these proposed
supplementary rules in Environmental Impact Statement (EIS) (CO-160-
2008-025-EIS). The BLM signed the Decision Record for the EIS on June
28, 2010. The BLM will place the TMP EIS, Decision Record and an
appropriate Determination of NEPA Adequacy (DNA) on file in the BLM
Administrative Record at the address specified in the ADDRESSES
section.
Regulatory Flexibility Act
Congress enacted the Regulatory Flexibility Act of 1980 (RFA), as
amended, 5 U.S.C. 601-612, to ensure that Government regulations do not
unnecessarily or disproportionately burden small entities. The RFA
requires a regulatory flexibility analysis if a rule would have a
significant economic impact, either detrimental or beneficial, on a
substantial number of small entities. These proposed supplementary
rules would have no effect on business entities of any size. These
proposed supplementary rules would merely impose reasonable
restrictions on certain recreational activities on certain public lands
to protect natural resources and the environment and human health and
safety. Therefore, the BLM has determined under the RFA that these
proposed supplementary rules would not have a significant economic
impact on a substantial number of small entities.
Small Business Regulatory Enforcement Fairness Act
These proposed supplementary rules are not a ``major rule'' as
defined at 5 U.S.C. 804(2). These proposed supplementary rules would
merely impose reasonable restrictions on certain recreational
activities on certain public lands to protect natural resources and the
environment and human health and safety. These proposed supplementary
rules would not:
(1) Have an annual effect on the economy of $100 million or more;
(2) Cause a major increase in costs or prices for consumers,
individual industries, Federal, state, or local agencies, or geographic
regions; or
(3) Have significant adverse effects on competition, employment,
investment, productivity, innovation, or on the ability of United
States-based enterprises to compete with foreign-based enterprises in
domestic and export markets.
Unfunded Mandates Reform Act
These proposed supplementary rules would not impose an unfunded
mandate on state, local, or tribal governments, or the private sector
of more than $100 million per year; nor would these proposed
supplementary rules have a significant or unique effect on state,
local, or tribal governments or the private sector. The proposed
supplementary rules would merely impose reasonable restrictions on
certain recreational activities on certain public lands to protect
natural resources and the environment and human health and safety.
Therefore, the BLM is not required to prepare a statement containing
the information required by the Unfunded Mandates Reform Act (2 U.S.C.
1531 et seq.).
Executive Order 12630, Governmental Actions and Interference With
Constitutionally Protected Property Rights (Takings)
These proposed supplementary rules do not constitute a Government
action capable of interfering with constitutionally protected property
rights. The proposed supplementary rules would not address property
rights in any form, and would not cause the impairment of
constitutionally protected property rights. Therefore, the BLM has
determined that these proposed 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 proposed supplementary rules would not have a substantial
direct effect on the states, on the relationship between the national
government and the states, or on the distribution of power and
responsibilities among the various levels of government. Therefore, in
accordance with Executive Order 13132, the BLM has determined that
these proposed 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 Colorado State Director has
determined that these proposed supplementary rules would not unduly
burden the judicial system and that they meet the requirements of
Sections 3(a) and 3(b) (2) of the Order.
Executive Order 13175, Consultation and Coordination With Indian Tribal
Governments
In accordance with Executive Order 13175, the BLM has found that
these proposed rules do not include policies that have tribal
implications, and would have no bearing on trust lands or on lands for
which title is held in fee status by Indian tribes or U.S. Government-
owned lands managed by the Bureau of Indian Affairs.
Information Quality Act
In developing these proposed 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 Pub. L. 106-554).
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
These proposed supplementary rules do not comprise a significant
energy action. These proposed supplementary rules would not have an
adverse effect on energy supply, production, or
[[Page 26807]]
consumption and have no connection with energy policy.
Executive Order 13352, Facilitation of Cooperative Conservation
In accordance with Executive Order 13352, the BLM has determined
that the proposed supplementary rules would not impede facilitating
cooperative conservation; would take appropriate account of and
consider the interests of persons with ownership or other legally
recognized interests in land or other natural resources; would properly
accommodate local participation in the Federal decision-making process;
and would provide that the programs, projects, and activities are
consistent with protecting public health and safety.
Paperwork Reduction Act
These proposed supplementary rules do not contain information
collection requirements that the Office of Management and Budget must
approve under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3521.
Author
The principal author of these proposed supplementary rules is
Kristi Murphy, Outdoor Recreation Planner, BLM, Gunnison Field Office.
V. Proposed Rules
For the reasons stated in the Preamble, and under the authority of
43 U.S.C. 315a, 1733(a), and 1740, and 43 CFR 8365.1-6, the State
Director proposes supplementary rules for public lands within the
Gunnison Field Office, Colorado, to read as follows:
Supplementary Rules for the Gunnison Basin Travel Management Plan Area
Definitions
Camping means erecting a tent or a shelter of natural or synthetic
materials, preparing a sleeping bag or other bedding material for use,
or parking a motor vehicle, motor home, or trailer for the purpose or
apparent purpose of overnight occupancy.
Designated travel routes means roads and trails open to specified
modes of travel and identified on a map of designated roads and trails
that is maintained and available for public inspection at the Bureau of
Land Management (BLM) Gunnison Field Office, Colorado. Designated roads
and trails are open to public use in accordance with such limits and
restrictions as are, or may be, specified in the resource management
plan (RMP) or travel management plan (TMP), or in future decisions
implementing the RMP. This definition excludes any road or trail with
BLM-authorized restrictions that prevent use of the road or trail.
Restrictions may include signs or physical barriers such as gates,
fences, posts, branches, or rocks.
Existing travel routes means immediately recognizable motor vehicle
travel routes or two-track trails that are not identified as closed to
motorized vehicle use by a BLM sign or map.
Public land means any land or interest in land owned by the United
States and administered by the Secretary of the Interior through the
BLM without regard to how the United States acquired ownership.
Mechanized vehicle means a human-powered mechanical device, such as
a bicycle; not powered by a motor.
Motorized vehicle means a vehicle that is propelled by a motor or
engine, such as a car, truck, off-highway vehicle, motorcycle, or
snowmobile.
Prohibited Acts
1. Except as provided by Rule 2 below, you must not operate or
possess a motorized or mechanized vehicle in an area designated as
closed to such use by a BLM sign or map.
2. You must not operate or possess a mechanized or motorized
vehicle except in areas designated or routes identified for such use by
a BLM sign or map, unless:
You are using a mechanized game cart for the purpose of
retrieving a large game animal outside of Congressionally designated
wilderness areas or wilderness study areas; or
You are using a motorized vehicle for the purpose of
parking or camping within 30 feet of the edge of a designated travel
route or on existing travel routes within 300 feet of a designated
travel route.
3. You must not operate or possess a motorized vehicle from March
15 to May 15 in specific areas of priority sage-grouse habitat as
designated by a BLM sign or map, except to access private inholdings
with proper authorization.
Exceptions
These supplementary rules do not apply to emergency, law
enforcement, and Federal or other government vehicles while being used
for official or other emergency purposes, or to any other vehicle use
that is expressly authorized or otherwise officially approved by the
BLM.
Penalties
Under Section 303(a) of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1733(a) and 43 CFR 8360.0-7), any person who
violates any of these supplementary rules may be tried before a United
States Magistrate and fined no more than $1,000 or imprisoned for no
more than 12 months, or both. Such violations may also be subject to
the enhanced fines provided for by 18 U.S.C. 3571.
Helen M. Hankins,
Bureau of Land Management, Colorado State Director.
[FR Doc. 2013-10896 Filed 5-7-13; 8:45 am]
BILLING CODE 4310-JB-P
