Notice of Final Supplementary Rules for Public Lands Managed by the Carrizo Plain National Monument in Kern and San Luis Obispo Counties, CA, 23369-23371 [2014-09437]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Land Management

[Federal Register Volume 79, Number 81 (Monday, April 28, 2014)]
[Notices]
[Pages 23369-23371]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-09437]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLCAC069000-L17110000-AL0000]


Notice of Final Supplementary Rules for Public Lands Managed by 
the Carrizo Plain National Monument in Kern and San Luis Obispo 
Counties, CA

AGENCY: Bureau of Land Management, Interior.

ACTION: Final supplementary rules.

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SUMMARY: In accordance with the Record of Decision (ROD) for the 
Carrizo Plain National Monument Approved Resource Management Plan 
(RMP), the Bureau of Land Management (BLM) is establishing final 
supplementary rules. The Final Environmental Impact Statement that is 
associated with the RMP 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. The BLM has determined that these final supplementary 
rules are necessary to promote the health and sustainability of the 
Carrizo Plain National Monument, while reducing the risks to the 
Monument's ecosystem that, if left unchecked, could cause undue 
ecological degradation. Upon publication, these final supplementary 
rules will supersede the interim supplementary rules that are currently 
in place and which apply to public lands within the Carrizo Plain 
National Monument. These final rules do not impose or implement any 
land use limitations and restrictions other than those included within 
the Carrizo Plain National Monument RMP, nor do they include 
modifications to the interim final supplementary rules published on 
December 21, 2012 (77 FR 75649).

DATES: The final supplementary rules are effective on April 28, 2014.

ADDRESSES: Bureau of Land Management, Attention: Ryan Cooper, BLM 
Bakersfield Field Office, 3801 Pegasus Drive, Bakersfield, CA 93308. 
The final supplementary rules are available for inspection at the 
Bakersfield Field Office and on the Bakersfield Field Office Web page 
(https://www.blm.gov/ca/st/en/fo/bakersfield/Programs/carrizo.html).

FOR FURTHER INFORMATION CONTACT: Ryan Cooper, 3801 Pegasus Drive, 
Bakersfield, CA 93308, 661-391-6048 or mail to: racooper@blm.gov.

SUPPLEMENTARY INFORMATION: 
I. Background
II. Public Comment Procedures 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 Bakersfield Field Office in the Carrizo 
Plain National Monument. Maps of the management areas and boundaries 
can be obtained by contacting the Bakersfield Field Office (see 
ADDRESSES) or by accessing the following Web site: https://blm.gov/ca/st/en/fo/bakersfield/Programs/carrizo.html. The final supplementary 
rules will be available for inspection in the Bakersfield Field Office.
    Carrizo Plain National Monument Presidential Proclamation (Monument 
Proclamation) of January 17, 2001 established the Monument in 
recognition of its exceptional objects of scientific and historic 
interest. Previously, the BLM had managed the area in accordance with 
the Carrizo Plain Natural Area Management Plan of 1996. Under the 
guidance of that plan, the State Director established supplementary 
rules for the Natural Area at 62 FR 54126 (Oct. 17, 1997). The RMP/ROD 
for the Monument, signed on April 10, 2010, provides for those 
supplementary rules to remain in effect. The final supplementary rules 
put in place by this notice are in addition to rules established in 
1997.
    These final supplementary rules implement provisions for visitor 
use and resource protection identified in the RMP/ROD at Attachment 7, 
``Supplementary Rules for Public Use.'' They are designed to promote 
visitor safety, while protecting the sensitive resources and objects of 
the monument from irreparable destruction or vandalism, and maintain a 
positive experience while visiting the monument.

II. Public Comment and Discussion of Final Supplementary Rules

    The BLM published interim final supplementary rules on December 21, 
2012 (77 FR 75649). The interim final supplementary rules became 
effective immediately upon publication based on threats to the health 
and sustainability of grasslands and native endangered, threatened and 
rare flora and wildlife species, and to world-class archaeological 
sites. However, the BLM invited public comment for 60 days on those 
interim final rules. The comment period closed on February 19, 2013. 
During the comment period, 54 comments were received. One comment 
supported the supplementary rules, one comment contained no substantive 
comments, and 52 comments were from letters expressing concern that 
monument staff would not be able to identify street-legal versus non-
street-legal vehicles and possibly deny access to a street-legal 
vehicle. As a result, the BLM has not revised the final supplementary 
rules in response to these comments. The BLM is confident that the 
definition of ``street-legal vehicle'' in these rules is 
straightforward and enables Monument staff to properly and effectively 
enforce

[[Page 23370]]

the rules. In addition, law enforcement personnel are trained to be 
able to distinguish between the two types of vehicles.
    Therefore, the only changes being made here are that the BLM has 
revised the interim final supplementary rules by: (1) Deleting 
references to ``interim final supplementary rules'' and ``interim 
supplementary rules'' and, in appropriate instances, by substituting 
text indicating that these are now final supplementary rules; and (2) 
Correcting an error in the ``penalties'' provision.
    The ``penalties'' provision in the interim final supplementary 
rules incorrectly cited 43 CFR 8365.0-7, a regulation that does not 
exist. The correct cite, 43 CFR 8360.0-7, is in the ``penalties'' 
provision of these final supplementary rules.

III. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    These final supplementary rules are not a significant regulatory 
action and are not subject to review by the Office of Management and 
Budget under Executive Order 12866. These final supplementary rules 
will not have an annual effect of $100 million or more on the economy 
or adversely affect, in a material way, the economy, productivity, 
competition, jobs, the environment, public health or safety, or state, 
local or tribal governments or communities. These final supplementary 
rules will not create a serious inconsistency or otherwise interfere 
with an action taken or planned by another agency. The final 
supplementary rules do not materially alter the budgetary effects of 
entitlements, grants, user fees, or loan programs or the right or 
obligation of their recipients; nor do they raise novel legal or policy 
issues. They merely impose certain rules on recreational activities on 
a limited portion of the public lands in California in order to protect 
human health, safety, and the environment.

National Environmental Policy Act

    These final supplementary rules themselves comprise a category or 
kind of action that has no significant individual or cumulative effect 
on the quality of the human environment under Section 102(2)(C) of the 
National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4332(2)(C). 
See 40 CFR 1508.4; 43 CFR 46.210. Specifically, these final 
supplementary rules are categorically excluded from the requirements of 
NEPA because they comprise an action of an administrative, financial, 
legal, technical, or procedural nature within the meaning of 43 CFR 
46.210(i), and none of the extraordinary circumstances listed at 43 CFR 
46.215 would be applicable. Therefore, the BLM is not required to 
prepare an environmental assessment or an environmental impact 
statement for these final supplementary rules.
    Moreover, these final supplementary rules are a component of a 
larger planning process for the Monument (i.e., the RMP/ROD), that 
itself was a major Federal action. In developing the Monument RMP/ROD, 
the BLM prepared a Draft and Final EIS, which include a complete 
analysis of each decision corresponding to the final supplementary 
rules. The Draft and Final EIS, the Proposed Resource Management Plan, 
and the RMP/ROD are on file and available to the public in the BLM 
administrative record at the address specified under ADDRESSES. The 
Proposed Resource Management Plan, Final EIS, and RMP/ROD are online 
at: https://www.blm.gov/ca/st/en/fo/bakersfield/Programs/carrizo.html.

Regulatory Flexibility Act

    Congress enacted the Regulatory Flexibility Act (RFA) of 1980, as 
amended, 5 U.S.C. 601-612, to ensure that government regulations do not 
unnecessarily or disproportionately burden small entities. The RFA 
requires a regulatory flexibility analysis if a rule would have a 
significant economic impact, either detrimental or beneficial, on a 
substantial number of small entities. The final supplementary rules do 
not pertain specifically to commercial or governmental entities of any 
size, but to public recreational use of specific public lands. 
Therefore, the BLM has determined under the RFA that these final 
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 do not constitute a ``major rule'' 
as defined at 5 U.S.C. 804(2). These final supplementary rules 
generally contain rules of conduct for recreational use of certain 
public lands. While they prohibit photography of pictographs or 
petroglyphs for commercial use, that prohibition does not have an 
effect on business, commercial, or industrial use of the public lands 
that rises to any of the following thresholds specified in 5 U.S.C. 
804(2):
    (a) An annual effect on the economy of $100 million or more;
    (b) A major increase in costs or prices for consumers, individual 
industries, Federal, State, or local government agencies, or geographic 
regions; or
    (c) Significant adverse effects on competition, employment, 
investment, productivity, innovation, or on the ability of United 
States-based enterprises in domestic and export markets.

Unfunded Mandates Reform Act

    These final supplementary rules do not impose an unfunded mandate 
on State, local or tribal governments in the aggregate, or the private 
sector, of more than $100 million per year; nor do they have a 
significant or unique effect on small governments. These final 
supplementary rules do not require anything of State, local, or tribal 
governments. Therefore, the BLM is not required to prepare a statement 
containing the information required by the Unfunded Mandates Reform Act 
(2 U.S.C. 1531 et seq.).

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

    The final supplementary rules are not a government action capable 
of interfering with constitutionally protected property rights. The 
final supplementary rules do not address property rights in any form 
and do not cause the impairment of anybody's property rights. 
Therefore, the Department of the Interior has determined that these 
final supplementary rules would not cause a taking of private property 
or require further discussion of takings implications under this 
Executive Order.

Executive Order 13132, Federalism

    The final supplementary rules will not have a substantial direct 
effect on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government. Therefore, the 
BLM has determined that these final supplementary rules do not have 
sufficient Federalism implications to warrant preparation of a 
Federalism Assessment.

Executive Order 12988, Civil Justice Reform

    Under Executive Order 12988, the BLM has determined that these 
final supplementary rules will not unduly burden the judicial system 
and that the requirements of sections 3(a) and 3(b) (2) of the 
Executive Order are met. The

[[Page 23371]]

final supplementary rules include rules of conduct and prohibited acts, 
but they are straightforward and not confusing.

Executive Order 13175, Consultation and Coordination With Indian Tribal 
Governments

    As discussed in the RMP/ROD, the BLM has been working with a Native 
American Advisory Committee for the Monument formed under a 1997 
charter agreement. The Advisory Committee was formed to encourage the 
participation in Monument management of both federally recognized 
tribes and other Native Americans having ancestral cultural ties to the 
lands in the Monument. The Advisory Committee includes representatives 
of the Chumas, Yokuts, and Salinan people.
    The Advisory Committee actively participated in the planning 
process that resulted in the 2010 RMP/ROD. The BLM also provided tribes 
in the vicinity of the Monument with copies of the draft RMP and 
requested comments. The tribes expressed no concerns about the RMP or 
the decisions related to these final supplementary rules. For these 
reasons, the BLM has determined that these final supplementary rules 
themselves do not include policies with tribal implications that have 
not already been considered in consultation and coordination with 
Indian tribal governments.

Information Quality Act

    In developing these final 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). In 
accordance with the Information Quality Act, the Department of the 
Interior has issued guidance regarding the quality of information that 
it relies upon for regulatory decisions. This guidance is available at 
DOI's Web site at https://www.doi.gov/ocio/iq.html.

Executive Order 13211, Effects on the Nation's Energy Supply

    These final supplementary rules do not comprise a ``significant 
energy action,'' as defined in Executive Order 13211, since they are 
not likely to have a significant adverse effect on the supply, 
distribution, or use of energy.

Paperwork Reduction Act

    These final supplementary rules do not contain information 
collection requirements that the Office of Management and Budget must 
approve under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.

Author

    The principal author of these final supplementary rules is Ryan 
Cooper, Recreation Planner, Carrizo Plain National Monument.
    For the reasons stated in the preamble and under the authority for 
supplementary rules found in 43 CFR 8365.1-6, the BLM California State 
Director hereby establishes these final supplementary rules, effective 
upon publication. These rules supersede the interim final rules 
published on December 21, 2012 (77 FR 75650) and read as follows:

Final Supplementary Rules for Public Lands Within the Jurisdiction of 
the Carrizo Plain National Monument

Definitions

    Commercial use means any pictures or film created for the purpose 
of financial gain.
    Painted Rock Exclusion Zone means lands within the Carrizo Plain 
National Monument indicated on Map 2-3 in the Carrizo Plain National 
Monument Approved Resource Management Plan, and with the following 
legal description: T32S, R20E, portions of sections 7, 8, 15, 16, 17, 
18, MDM.
    Pictographs means images painted upon stone surfaces by Native 
American people.
    Petroglyphs means images carved into stone surfaces by Native 
American people.
    Replica weapon means any imitation firearm, including paintball 
guns, air-soft guns, and war game apparatuses.
    Street-legal vehicle means a vehicle, such as an automobile, 
motorcycle, or light truck, that is equipped and licensed for use on a 
public street and/or highway and that is subject to registration under 
the California Vehicle Code 4000(a)(1).

Rules

    1. You must not use any replica weapons (such as paintball, 
airsoft, or war game apparatus) within the Carrizo Plain National 
Monument.
    2. You must not drive, move, or leave standing a motor vehicle 
within the Carrizo Plain National Monument boundaries, unless it is a 
street-legal vehicle, or:
    (a) The vehicle is a military, fire, emergency, or law enforcement 
vehicle being used for emergency purposes;
    (b) The vehicle is expressly authorized by the authorized officer, 
or otherwise officially approved; or
    (c) The vehicle is registered with the State off-highway vehicle 
program, and displays a red or green State-issued sticker, and is being 
used on a portion of the Temblor Ridge Road from T. 31 S., R. 21 E., 
Sec. 23 (Crocker Grade Road) to T. 11 N., R. 24 W., Sec. 7.
    3. All pets must remain leashed or caged at all developed sites 
including visitor centers, interpretive overlooks, trail heads, and 
camping areas.
    4. You must not take or ride any horse into the Painted Rock 
Exclusion Zone.
    5. You must not take any dog into the Painted Rock Exclusion Zone.
    6. You must not take or ride non-motorized bicycles into any part 
of the Painted Rock Exclusion Zone, except the Painted Rock parking 
area.
    7. You must not engage in any cache-type activities (including 
geocaching and earth caching) in the Painted Rock Exclusion Zone.
    8. You must not discharge any firearms in the Painted Rock 
Exclusion Zone, which is a pre-historic Native American site on the 
National Register of Historic Places.
    9. You must not start any campfire in the Painted Rock Exclusion 
Zone, except for Native American ceremonial use, which is in accordance 
with Executive Order 13007, Indian Sacred Sites (1996).
    10. You must not make, for commercial use, digital, photographic, 
print, or video images of any of the pictographs or petroglyphs, or any 
graffiti that overlies or is immediately adjacent to the pictographs 
and petroglyphs, located within the boundaries of the Carrizo Plain 
National Monument, unless:
    (a) Making such images is for non-commercial scientific or 
educational purposes; and
    (b) It is authorized in writing by the BLM.
    11. You must not release non-native or captive-held native species 
on BLM lands within the boundaries of the Carrizo Plain National 
Monument unless authorized in writing by the BLM.

Penalties

    Violations of any supplementary rules by a member of the public may 
be subject to the penalties provided in 43 CFR 8360.0-7, which include 
a fine not to exceed $1,000 and/or imprisonment not to exceed 12 
months.

James G. Kenna,
State Director.
[FR Doc. 2014-09437 Filed 4-25-14; 8:45 am]
BILLING CODE 4310-40-P