Notice of Proposed Supplementary Rules for Public Lands in New Mexico, 68557-68562 [2015-28240]

Download as PDF Federal Register / Vol. 80, No. 214 / Thursday, November 5, 2015 / Notices survival permit under section 10(a)(1)(A) of the Act to the applicant for take of the California red-legged frog incidental to otherwise lawful activities in accordance with the terms of the agreement. We will not make our final decision until after the end of the 30day comment period and will fully consider all comments we receive during the comment period. The Service provides this notice under section 10(c) of the Act and under implementing regulations for NEPA (40 CFR 1506.6). Stephen P. Henry, Field Supervisor, Ventura Fish and Wildlife Office. [FR Doc. 2015–28200 Filed 11–4–15; 8:45 am] BILLING CODE 4313–15–P DEPARTMENT OF THE INTERIOR U.S. Geological Survey [GX.16.GG00.99600.00] Agency Information Collection Activities: Comment Request U.S. Geological Survey (USGS), Interior. ACTION: Notice of an extension of an information collection (1028–0051). AGENCY: We (the U.S. Geological Survey) will ask the Office of Management and Budget (OMB) to approve the information collection (IC) described below. As required by the Paperwork Reduction Act (PRA) of 1995, and as part of our continuing efforts to reduce paperwork and respondent burden, we invite the general public and other Federal agencies to take this opportunity to comment on this IC. This collection is scheduled to expire on April 30, 2016. DATES: You must submit comments on or before January 4, 2016. ADDRESSES: You may submit comments on this information collection to the Information Collection Clearance Officer, U.S. Geological Survey, 12201 Sunrise Valley Drive MS 807, Reston, VA 20192 (mail); (703) 648–7197 (fax); or gs-info_collections@usgs.gov (email). Please reference ‘Information Collection 1028–0051, Earthquake Hazards Program Research and Monitoring’ in all correspondence. FOR FURTHER INFORMATION CONTACT: Elizabeth Lemersal, Earthquake Hazards Program, U.S. Geological Survey, 12201 Sunrise Valley Drive, Mail Stop 905, Reston, VA 20192 (mail); 703–648–6716 (phone); or Lemersal@usgs.gov (email). You may also find information about this ICR at www.reginfo.gov. jstallworth on DSK7TPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 15:06 Nov 04, 2015 Jkt 238001 68557 SUPPLEMENTARY INFORMATION: III. Request for Comments I. Abstract Research and monitoring findings are essential to fulfilling USGS’s responsibility under the Earthquake Hazards Reduction Act to develop earthquake hazard assessments and recording earthquake activity nationwide. Residents, emergency responders, and engineers rely on the USGS for this accurate and scientifically sound information. The Earthquake Hazards Program funds external investigators to carry out these important activities. In response to our Program Announcements investigators submit proposals for research and monitoring activities on earthquake hazard assessments, earthquake causes and effects, and earthquake monitoring. This information is used as the basis for selection and award of projects meeting the USGS’s Earthquake Hazards Program objectives. Final reports of research and monitoring findings are required for each funded proposal; annual progress reports are required for awards of a two- to five-year duration. Final reports are made available to the public at the Web site https:// earthquake.usgs.gov/research/external/. We are soliciting comments as to: (a) Whether the proposed collection of information is necessary for the agency to perform its duties, including whether the information is useful; (b) the accuracy of the agency’s estimate of the burden of the proposed collection of information; (c) ways to enhance the quality, usefulness, and clarity of the information to be collected; and (d) how to minimize the burden on the respondents, including the use of automated collection techniques or other forms of information technology. Please note that the comments submitted in response to this notice are a matter of public record. Before including your personal mailing address, phone number, email address, or other personally identifiable information in your comment, you should be aware that your entire comment, including your personally identifiable information, may be made publicly available at any time. While you can ask us in your comment to withhold your personally identifiable information from public view, we cannot guarantee that we will be able to do so. II. Data OMB Control Number: 1028–0051. Form Number: N/A. Title: Earthquake Hazards Program Research and Monitoring. Type of Request: Extension of a currently approved collection. Affected Public: Research scientists, engineers, and the general public. Respondent’s Obligation: None. Participation is voluntary, but necessary to receive benefits. Frequency of Collection: Annually and once every three to five years. Estimated Total Number of Annual Responses: 370 (250 applications and narratives and 120 annual and final reports). Estimated Time per Response: 45 hours per proposal application response and 9 hours per final or annual progress report. Estimated Annual Burden Hours: 12,330 (11,250 hours per application and 1,080 hours per final or annual progress report). Estimated Reporting and Recordkeeping ‘‘Non-Hour Cost’’ Burden: There are no ‘‘non-hour cost’’ burdens associated with this IC. Public Disclosure Statement: The PRA (44 U.S.C. 3501, et seq.) provides that an agency may not conduct or sponsor and you are not required to respond to a collection of information unless it displays a currently valid OMB control number and current expiration date. William Leith, Senior Science Advisor for Earthquake and Geologic Hazards. PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 [FR Doc. 2015–28236 Filed 11–4–15; 8:45 am] BILLING CODE 4338–11–P DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLWO120200 L16300000.NU0000] Notice of Proposed Supplementary Rules for Public Lands in New Mexico Bureau of Land Management, Interior. ACTION: Proposed supplementary rules. AGENCY: The New Mexico State Office of the Bureau of Land Management (BLM) is proposing to establish supplementary rules within public lands in New Mexico. DATES: Interested parties may submit written comments regarding the proposed supplementary rules until January 4, 2016. ADDRESSES: You may submit comments by mail, hand-delivery, or electronic mail. Mail: Office of Law Enforcement, BLM, New Mexico State Office, P.O. Box 27115 Santa Fe, NM 87502–0115. Hand-delivery: 301 Dinosaur Trail, Santa Fe, New Mexico. SUMMARY: E:\FR\FM\05NON1.SGM 05NON1 68558 Federal Register / Vol. 80, No. 214 / Thursday, November 5, 2015 / Notices Electronic mail: BLM_NM_ Supplementary_Rules@blm.gov. Please indicate ‘‘Attention: Law Enforcement’’ in the subject line. FOR FURTHER INFORMATION CONTACT: Jeffery Miller, New Mexico State Chief Ranger, Bureau of Land Management, P.O. Box 27115, Santa Fe, NM 87502– 0115, at (505) 954–2206, or j51mille@ blm.gov. 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. SUPPLEMENTARY INFORMATION: I. Public Comment Procedures You may mail, email, or hand-deliver comments to the New Mexico State Office, at the addresses listed above (See ADDRESSES). Written comments on the proposed supplementary rules should be specific and confined to issues pertinent to the proposed rules, and should explain the reason for any recommended change. Where possible, comments should reference the specific section or paragraph of the proposal that the commenter is addressing. The BLM is not obligated to consider, or include in the Administrative Record for the final supplementary rules, comments delivered to an address other than those listed above (See ADDRESSES) or comments that the BLM receives after the close of the comment period (See DATES), unless they are postmarked or electronically dated before the deadline. Comments, including names, street addresses, and other contact information for respondents, will be available for public review at 301 Dinosaur Trail, Santa Fe, New Mexico, during regular business hours (8 a.m. to 4:30 p.m., Monday through Friday, except Federal holidays). Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your 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. jstallworth on DSK7TPTVN1PROD with NOTICES II. Background The BLM New Mexico State Office is proposing to establish supplementary rules for public lands that it manages within the State of New Mexico. The proposed supplementary rules are necessary to support the mission of the BLM by protecting the natural resources and enhancing the health and safety of VerDate Sep<11>2014 15:06 Nov 04, 2015 Jkt 238001 those using and enjoying the public lands. The proposed supplementary rules have been grouped into locations according to where they would be applicable. Some of the proposed supplementary rules would apply to all BLM-managed public lands in New Mexico, some would apply to developed recreation areas, and some would apply to specified locations. III. Discussion of Proposed Supplementary Rules In the mid-1990s, three BLM Districts established individual sets of supplementary rules for BLM-managed public lands in New Mexico: • Establishment of Supplementary Rules for Designated Recreation Sites, Special Recreation Management Areas, and Other Public Land in the Albuquerque District, NM, published on May 10, 1996 (61 FR 21479); • Reestablishment of Visitor Restrictions for Designated Recreation Sites, Special Recreation Management Areas, and Other Public Land in the Roswell District, NM, published on December 7, 1995 (60 FR 62879); and • Visitor Restrictions for Designated Recreation Sites, Special Recreation Management Areas, and Other Public Land in the Las Cruces District, NM, published on November 13, 1995 (60 FR 57012). The BLM proposes to modify or remove many existing supplementary rules for several reasons. First, the BLM has redrawn the administrative boundaries for some of the BLM Districts since the BLM published the supplementary rules for the three districts. For example, the Taos Field Office, which was previously part of the Albuquerque District, is now part of the Farmington District. Additionally, the Socorro Field Office, which was previously part of the Las Cruces District, is now part of the Albuquerque District. This has led to confusion about whether, and to what extent, the supplementary rules apply in areas where the administrative boundaries have changed. Second, the BLM is removing some supplementary rules because they are already codified in Title 43 of the Code of Federal Regulations (CFR), including in Sections 8365 (Visitor Services—Rules of Conduct), 9212 (Fire Management— Wildfire Protection), and 9268 (Law Enforcement—Criminal—Recreation Programs). Third, the BLM is removing or revising some of the existing supplementary rules to be consistent with the specific language of State law. Fourth, the BLM’s proposed supplementary rules would implement decisions made in current Resource PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 Management Plans (RMPs). Most BLM offices in New Mexico have either created or updated an RMP since the publication of the three district supplementary rules in the mid-1990s. In the proposed supplementary rules, the BLM seeks to implement special management decisions that apply to specific locations by formally publishing them in the Federal Register. These specific decisions have been analyzed and approved in various RMPs. The publication of these supplementary rules is necessary to be able to enforce the specific decisions that have been analyzed and approved in various RMPs. Two of the proposed supplementary rules would be new for all the BLM managed lands within the State of New Mexico. These rules can be summarized as: 1. Use or possession of drug paraphernalia; and 2. Open alcoholic beverage container in a motor vehicle, which includes offhighway vehicles Currently, the BLM’s controlled substance and alcohol regulations in New Mexico lack specific rules with penalties for the possession of drug paraphernalia and open alcoholic beverage container in a motor vehicle. The possession of drug paraphernalia and open containers of alcoholic beverage in a motor vehicle are already illegal on public lands under State law. These two new rules would be consistent with current New Mexico Statutes found in NMSA 1978 sections 30–31–25.1 and 66–8–138. The supplementary rules proposed in this Notice, if adopted, will replace and supersede all existing supplementary rules currently applicable to BLMmanaged public lands within the State of New Mexico. IV. Procedural Matters Regulatory Planning and Review (Executive Orders 12866 and 13563) The proposed supplementary rules are not a significant regulatory action and are not subject to review by the Office of Management and Budget under Executive Orders 12866 and 13563. They would not have an effect of $100 million or more on the economy. The 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. The proposed supplementary rules would not create a serious inconsistency or otherwise interfere with an action taken or planned by another agency. The E:\FR\FM\05NON1.SGM 05NON1 Federal Register / Vol. 80, No. 214 / Thursday, November 5, 2015 / Notices proposed supplementary rules would not 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. They would merely impose rules of conduct and impose other limitations on certain recreational and commercial activities on certain public lands to protect natural resources and human health and safety. jstallworth on DSK7TPTVN1PROD with NOTICES Clarity of the Supplementary Rules Executive Order 12866 requires each agency to write regulations that are simple and easy to understand. The BLM invites your 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 supplementary rules clearly stated? (2) Do the supplementary rules contain technical language or jargon that interferes with their clarity? (3) Does the format of the supplementary rules (grouping and order of sections, use of headings, paragraphing, etc.) aid or reduce clarity? (4) Would the supplementary rules be easier to understand if they were divided into more (but shorter) sections? (5) Is the description of the supplementary rules in the SUPPLEMENTARY INFORMATION section of this preamble helpful in understanding the supplementary rules? How could this description be more helpful in making the supplementary rules easier to understand? Please send any comments you have on the clarity of the rule to the addresses specified in the ADDRESSES section. National Environmental Policy Act The BLM has found that the proposed supplementary rules are categorically excluded from environmental review under Section 102(2)(C) of the National Environmental Protection Act of 1969 (NEPA), 42 U.S.C. 4332(2)(C), pursuant to 43 CFR 46.205(b) and 46.210(i). In addition, the proposed supplementary rules do not present any of the 12 extraordinary circumstances listed at 43 CFR 46.215. Pursuant to the Council on Environmental Quality regulations (40 CFR 1508.4) and the environmental regulations, policies, and procedures of the Department of the Interior (DOI) (43 CFR 46.205), the term ‘‘categorical exclusions’’ means a category of actions which do not individually or cumulatively have a significant effect on the human environment and that have been found to have no such effect in VerDate Sep<11>2014 15:06 Nov 04, 2015 Jkt 238001 procedures adopted by a Federal agency and for which neither an environmental assessment nor an environmental impact statement is required. All of the proposed supplementary rules are consistent with applicable land use plans. Additionally, through the various RMPs developed within the State of New Mexico, the BLM has already analyzed the potential impacts captured by the proposed supplementary rules. 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 proposed supplementary rules would merely impose reasonable restrictions on certain recreational or commercial activities on public lands in order to protect natural resources and the environment, and provide for human health and safety. Therefore, the BLM has determined under the RFA that the proposed supplementary rules would not have a significant economic impact on a substantial number of small entities. Small Business Regulatory Enforcement Fairness Act The proposed supplementary rules are not a ‘‘major rule’’ as defined under 5 U.S.C. 804(2). The proposed supplementary rules would merely revise the rules of conduct for public use of limited areas of public lands and would not affect commercial or business activities of any kind. Unfunded Mandates Reform Act The proposed supplementary rules would not impose an unfunded mandate of more than $100 million per year; on State, local, or tribal governments in the aggregate, or on the private sector, nor would they have a significant or unique effect on small governments. The proposed supplementary rules would have no effect on governmental or tribal entities and would impose no requirements on any of these entities. The proposed supplementary rules would merely revise the rules of conduct for public use of limited areas of public lands and would 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 at 2 U.S.C. 1531. PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 68559 Executive Order 12630, Governmental Actions and Interference With Constitutionally Protected Property Rights (Takings) The proposed supplementary rules do not represent a government action capable of interfering with constitutionally protected property rights. Therefore, the BLM has determined that the 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 the proposed supplementary rules would 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 the 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 Executive Order 12988. Executive Order 13175, Consultation and Coordination With Indian Tribal Governments In accordance with Executive Order 13175, the BLM has found that the proposed supplementary rules do not include policies that would have tribal implications. The proposed supplementary rules would merely revise the rules of conduct for public use of limited areas of public lands. Executive Order 13352, Facilitation of Cooperative Conservation In accordance with Executive Order 13352, the BLM has determined that these proposed consolidated supplementary rules would not impede facilitating cooperation 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. The rules would properly accommodate local participation in the Federal decision-making process, and would provide that the programs, E:\FR\FM\05NON1.SGM 05NON1 68560 Federal Register / Vol. 80, No. 214 / Thursday, November 5, 2015 / Notices projects, and activities are consistent with protecting public health and safety. 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 (Pub. L. 106– 554). In accordance with the Information Quality act, the DOI has issued guidance regarding the quality of information that it relies on for regulatory decisions. This guidance is available on the DOI’s Web site at https://www.doi.gov/ocio/information_ management/iq.cfm. Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use Under Executive Order 13211, the BLM has determined that the proposed supplementary rules would not comprise a significant energy action, and that they would not have an adverse effect on energy supplies, production, or consumption. Paperwork Reduction Act The proposed 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. 3501–3521. Moreover, any information collection that may result from Federal criminal investigations or prosecutions conducted under the proposed supplementary rules are exempt from the provisions of 44 U.S.C. 3518(c)(1). Author The principal author of these proposed supplementary rules is Jeffery Miller, State Chief Ranger, New Mexico State Office, 301 Dinosaur Trail, Santa Fe, NM 87508. jstallworth on DSK7TPTVN1PROD with NOTICES V. Proposed Supplementary Rules For the reasons stated in the preamble and under the authorities for supplementary rules found under 43 CFR 8365.1–6, 43 U.S.C. 1733(a), 16 U.S.C. 670h(c)(5), and 43 U.S.C. 315a, the BLM New Mexico State Director proposes to issue consolidated supplementary rules for public lands managed by the BLM in New Mexico, to read as follows: Definitions Camp means the erecting of a tent or shelter of natural or synthetic material, preparing a sleeping bag or other bedding material for use, parking of a motor vehicle, motor home, or trailer, or VerDate Sep<11>2014 15:06 Nov 04, 2015 Jkt 238001 mooring of a vessel for the apparent purpose of overnight occupancy. Developed recreation sites and areas means sites and areas that contain structures or capital improvements primarily used by the public for recreation purposes. Such sites or areas may include such features as: Delineated spaces for parking, camping or boat launching; sanitary facilities; potable water; grills or fire rings; tables; or controlled access. Grey water means wastewater from washing machines, showers, bathtubs, hand washing lavatories, and sinks that does not contain human excrement or chemicals, excluding soaps and shampoos. Mechanical Transport means any vehicle, device or contrivance for moving people or material in or over land, water, snow, or air that has moving parts, including, but not limited to, bicycles, game carriers, carts and wagons. The term does not include wheelchairs, horses or other stock, skis or snowshoes. Minor means any person under 21 years of age, consistent with the New Mexico Liquor Control Act at New Mexico Statutes 60–3A–3–P. Motor Vehicle means any selfpropelled device in, upon, or by which any person or property is or may be propelled, moved or drawn, including, but not limited to, cars, trucks, vans, motorcycles, all-terrain vehicles, motordriven cycles, motorized scooters, motorized skateboards, and snowmobiles. ‘‘Motor vehicle’’ does not include a self-propelled wheelchair, tricycle or motorized quadricycle when operated by a person who, by reason of physical disability, is otherwise unable to move about as a pedestrian. Pet means a dog, cat, or any domesticated companion animal. Weapon means all firearms, air rifles, pellet and BB guns, spring guns, bows and arrows, slings, paint ball markers, other instruments that can propel a projectile (such as a bullet, dart, or pellet by combustion, air pressure, gas pressure or other means), or any instrument that can be loaded with and fire blank cartridges. Management Plan means any land use plan, resource management plan, travel management plan, recreation activity management plan, or other similar implementation level plan. Prohibited Acts Unless otherwise authorized by the BLM, the following prohibitions apply to all BLM-managed public lands within the State of New Mexico: PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 Natural Resource Protection 1. You must not construct or maintain any unauthorized pit toilet facility, other than shallow holes or trench toilets for use by backcountry visitors for stays lasting 14 days or less. All holes, trenches, and pits must be at least 100 feet from any permanent water source. Camping 2. You must not camp or occupy any site longer than 14 days within a 28-day period. After 14 days, campers must move at least 25 miles and not camp within this 25-mile radius for at least 30 days. 3. You must not park any motor vehicle or camp in violation of state law. Transportation 4. You must not park a motor vehicle in areas where prohibited in a management plan for the area. 5. You must not use mechanical transport in areas or on trails posted as closed to such use and prohibited in a management plan for the area. Pets and Livestock 6. You must not allow a pet to harass, molest, injure, or kill humans, domesticated animals, wildlife, or livestock. 7. You must not ride a horse in areas or on trails posted as closed to such use and prohibited in a management plan for the area. 8. You must not bring a pet on any trail, in any cave, or freshwater spring closed to pets in the management plan for the area. Service animals are exempt from this rule. 9. You must remove/dispose of all pet waste from areas with regular human foot traffic including, but not limited to, developed recreation areas, picnic areas, parking areas, and trails. Alcohol and Drugs 10. You must not buy alcoholic beverages for or procure the sale or service of alcoholic beverages to a minor; deliver alcoholic beverages to a minor; or aid or assist a minor to buy, procure or be served alcoholic beverages. 11. If you are a minor, you must not buy, attempt to buy, receive, possess, or consume alcoholic beverages. 12. You must not knowingly have in your possession or on your person, while in a motor vehicle upon any public road, any bottle, can or other receptacle containing any alcoholic beverage that has been opened or had its seal broken or the contents of which have been partially removed. E:\FR\FM\05NON1.SGM 05NON1 Federal Register / Vol. 80, No. 214 / Thursday, November 5, 2015 / Notices 13. You must not use or possess any drug paraphernalia in violation of state law. Public Health and Safety 14. You must not use or possess a weapon, including concealed carry, in violation of State law. 15. You must not fail to comply with all applicable State of New Mexico regulations for boating safety, equipment, and registration. 16. You must not possess a glass container where prohibited in a management plan for the area. The following prohibitions apply to all BLM-managed developed recreation areas and sites within the State of New Mexico: Natural Resource Protection 1. You must not dispose of any grey water from a trailer or other vehicle except in facilities provided for such. Camping 2. You must not reserve camping space by any means not authorized or required by the BLM. Pets and Livestock 3. You must not bring equine stock, llamas, cattle, or other livestock within campgrounds or picnic areas unless facilities have been specifically provided for such use. Public Health and Safety 4. You must not engage in noncommercial float boating without wearing at all times while on the river, an approved U.S. Coast Guard Type I, III or V life preserver. The following prohibitions apply to the specified locations on BLM public lands within the State of New Mexico: jstallworth on DSK7TPTVN1PROD with NOTICES Las Cruces District 1. Within Organ Mountains-Desert Peaks National Monument a. Within Aguirre Spring Campground: You must not be within the campground after 10 p.m. unless overnight camping. You must not access the campground with a motor vehicle between 9 p.m. and 7 a.m. b. Within Dripping Springs Natural Area: You must not climb, walk on, ascend, descend, or traverse historic structures. You must not enter outside of posted day-use-only hours. You must not swim, wade, or bathe in a pond. You must not hike off trail on Dripping Springs Trail southeast of Crawford Trail junction. VerDate Sep<11>2014 15:06 Nov 04, 2015 Jkt 238001 c. Within Organ/Franklin Mountains Area of Critical Environmental Concern: You must not bring a pet into upper Ice Canyon. Service animals are exempt from this rule. You must not hike off designated trails in upper Ice Canyon. d. Within Kilbourne Hole Volcanic Crater: You must not discharge a weapon within the rim 2. Within Lake Valley Historic Site: a. You must not walk off an established trail. b. You must not camp. c. You must not use outside of posted hours. 3. Within Fort Cummings Special Management Area: a. You must not climb, walk on, ascend, descend, or traverse historic structures. b. You must not discharge a weapon within a fenced enclosure. c. You must not walk off an established trail within a fenced enclosure. d. You must not camp within a fenced enclosure. 4. Within Apache Box Area of Critical Environmental Concern: You must not discharge a weapon between February 1 and August 15. 5. Within Cook’s Range Area of Critical Environmental Concern: You must not collect fuelwood. 6. Within Guadalupe Canyon Area of Critical Environmental Concern: You must not collect fuelwood. Albuquerque District Rio Puerco Field Office 7. Within Guadalupe Ruin: You must not camp. 8. Within Kasha-Katuwe Tent Rocks National Monument: a. You must not camp or occupy between 10 p.m. and 6 a.m. b. You must not build, tend, or use a campfire. c. You must not climb or walk on ‘‘Tent Rock’’ formations. 9. Within La Ventana Natural Arch area: a. You must not camp. b. You must not participate in technical rock climbing. 10. Within El Malpais National Conservation Area: You must not camp at The Narrows. Socorro Field Office 11. Within Fort Craig Historic Site: a. You must not walk off an established trail. b. You must not camp. 12. Within Zuni Salt Lake Proprietary Area of Critical Environmental Concern: You must not cut wood. PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 68561 13. Within Johnson Hill Special Recreation Management area: You must not target shoot within a half a mile from the trail. Farmington District Taos Field Office 14. Within Ward Ranch Recreation sites: You must not camp or occupy between 10 p.m. and 6 a.m. 15. Within Rio Grande Del Norte National Monument: Wild Rivers Bear Crossing Overlook: You must not camp or occupy between 10 p.m. and 6 a.m. Rio Grande Wild and Scenic River: a. At John Dunn Bridge Recreation Site, you must not camp or occupy between 10 p.m. and 6 a.m. b. At Manby Hot Springs Recreation Site, you must not camp or occupy between 10 p.m. and 6 a.m. c. At Black Rock Spring Recreation Site, you must not camp or occupy between 10 p.m. and 6 a.m. d. At Chawalauna Overlooks, you must not camp or occupy between 10 p.m. and 6 a.m. Orilla Verde Recreation Area: a. You must not launch or take out boats, except for emergencies, at any site not designated for such use. b. At gauging station picnic site, you must not camp or occupy between 10 p.m. and 6 a.m. Taos Valley Overlook Zone: a. You must not discharge a weapon. b. You must not camp. c. You must not allow an unleashed dog at any trailhead. San Antonio Extensive Recreation Management Area: You must not have a fire outside a fire container. Taos Plateau Extensive Recreation Management Area: You must not camp in the Guadalupe Mountain Zone within the Wild Rivers Recreation Area. Ute Mountain Extensive Recreation Management Area: You must not camp within 300 feet of the descent points into Rio Grande or Costilla Creek. 16. Within Lower Gorge Special Recreation Management Area: a. At Quartzite Recreation Site, you must not camp or occupy between 10 p.m. and 6 a.m. b. At County Line Recreation Site, you must not camp or occupy between 10 p.m. and 6 a.m. c. At Lover’s Lane Recreation Site, you must not camp or occupy between 10 p.m. and 6 a.m. d. Between County Line and Velarde Diversion Dam, you must not use E:\FR\FM\05NON1.SGM 05NON1 68562 Federal Register / Vol. 80, No. 214 / Thursday, November 5, 2015 / Notices motorized craft, including inboard or outboard motors, jet skis, personal watercraft or hovercraft. 17. Within Chama Canyon Special Recreation Management Area: You must not have a fire outside a fire container. 18. Within Posi Special Recreation Management Area: a. You must not discharge a weapon. b. You must not camp. c. You must not allow an unleashed dog in the area of the trailhead, including the parking area. 19. Within Palacio Arroyos Special Recreation Management Area: a. You must not target shoot within the areas used for parking, unloading trailers, camping, and pit areas (during OHV events). b. You must not allow an unleashed dog in the area used for parking, unloading trailers, camping, and pit areas (during OHV events). 20. Within La Puebla Special Recreation Management Area: a. You must not discharge a weapon. b. You must not camp. 21. Within Cieneguilla Special Recreation Management Area: a. You must not discharge a weapon. b. You must not camp. c. You must not allow an unleashed dog in the area of the trailhead, including the parking area. 22. Within Diablo Canyon Special Recreation Management Area: You must not discharge a weapon. 23. Within Cerrillos Hills/Burnt Corn Special Recreation Management Area: You must not discharge a weapon. 24. Within La Cienega Area of Critical Environmental Concern: a. You must not discharge a weapon in Santa Fe River Canyon or cultural resource sites. b. You must not cut wood. 25. Within Copper Hills Area of Critical Environmental Concern: You must not camp within 100 feet of rivers and streams. 26. Within Galisteo Basin Area of Critical Environmental Concern: You must not target shoot. jstallworth on DSK7TPTVN1PROD with NOTICES Farmington Field Office 27. Within Alien Run Mountain Bike Trail: a. You must not discharge a weapon. b. You must not gather wood. 28. Within Carracas Mesa Recreation and Wildlife Area: You must not gather wood. 29. Within Head Canyon Motocross Track: a. You must not gather wood. b. You must not discharge a weapon. 30. Within Glade Run Recreation Area: VerDate Sep<11>2014 15:06 Nov 04, 2015 Jkt 238001 a. You must not discharge a weapon. b. You must not gather wood. c. You must not camp. 31. Within Navajo Lake Horse Trail: a. You must not gather wood. b. You must not discharge a weapon, except licensed hunters during hunting season. 32. Within Angel Peak Scenic Area: You must not gather wood. 33. Within Dunes Off-Road Vehicle Recreation Area: a. You must not gather wood. b. You must not discharge a weapon. 34. Within Negro Canyon Special Designated Area: You must not gather wood. 35. Within Pinon Mesa Recreation Area: a. You must not gather wood. b. You must not discharge a weapon, except licensed hunters during hunting season. c. You must not enter posted-closed areas between March 1 and August 1. 36. Within Rock Garden Recreation Area: a. You must not gather wood. b. You must not discharge a weapon, except licensed hunters during hunting season. 37. Within Simon Canyon Area of Critical Environmental Concern: a. You must not gather wood. b. You must not discharge a weapon in the Simon Canyon drainage. 38. Within Thomas Canyon Recreation and Wildlife Area: You must not gather wood. 39. Within Ephemeral Wash Riparian Area: You must not cut or gather wood. Pecos District Roswell Field Office 40. Within Rio Bonito Acquired Lands: You must not discharge a weapon including hunting, except for bow hunting in authorized areas 41. Within Fort Stanton National Conservation Area: a. You must not enter Fort Stanton Cave between November 1 and April 15. b. You must not enter Feather Cave. 42. Within Roswell Cave Complex: a. You must not enter Crockett, Crystal Caverns, Martin-Antelope Gyp, Torgac Annex, Torgac, Big-Eared Cave, Malpais Madness, Corn Sink Hole, or Tres Nino caves between November 1 and April 15. b. You must not enter Bat Hole Cave or Coachwhip Cave. 43. Carrizozo Land Partnership a. You must not enter lands without being in possession of required permit (i.e., vehicle pass). PO 00000 Frm 00071 Fmt 4703 Sfmt 9990 Exemptions The following persons are exempt from these supplementary rules: Federal, State, local, and/or military employees acting within the scope of their duties; members of any organized rescue or fire-fighting force performing an official duty; and persons, agencies, municipalities or companies holding an existing special-use permit and operating within the scope of their permit. On BLM-managed public lands, outside of developed recreation areas and sites, where discharging a weapon is prohibited through the establishment of a supplementary rule, unless specifically excluded, persons with a valid New Mexico hunting license while legally and actively in the pursuit of game during an open season are authorized by the BLM to discharge weapons in these areas. Penalties On public lands under section 303(a) of the Federal Land Policy and Management Act of 1976, 43 U.S.C. 1733(a), and 43 CFR 8360.0–7, any person who violates any of these supplementary rules may be tried before a United States Magistrate and fined no more than $1,000 or imprisoned for no more than 12 months or both. Such violations may also be subject to enhanced fines provided for by 18 U.S.C. 3571. Under the Taylor Grazing Act of 1934, 43 U.S.C. 315a, any willful violation of these supplementary rules on public lands within a grazing district, and within the boundaries established in the rules shall be punishable by a fine of not more than $500. Such violations may also be subject to the enhanced fines provided for by 18 U.S.C. 3571. Under the Sikes Act, 16 U.S.C. 670j, any person who violates any of these supplementary rules on public lands subject to a conservation and rehabilitation program implemented by the Secretary of the Interior may be tried before a United States Magistrate and fined no more than $1,000 or imprisoned for no more than 6 months or both. Such violations may also be subject to the enhanced fines provided for by 18 U.S.C. 3571. Aden Seidlitz, Acting State Director, Bureau of Land Management, New Mexico. [FR Doc. 2015–28240 Filed 11–4–15; 8:45 am] BILLING CODE 4310–FB–P E:\FR\FM\05NON1.SGM 05NON1

Agencies

[Federal Register Volume 80, Number 214 (Thursday, November 5, 2015)]
[Notices]
[Pages 68557-68562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28240]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLWO120200 L16300000.NU0000]


Notice of Proposed Supplementary Rules for Public Lands in New 
Mexico

AGENCY: Bureau of Land Management, Interior.

ACTION: Proposed supplementary rules.

-----------------------------------------------------------------------

SUMMARY: The New Mexico State Office of the Bureau of Land Management 
(BLM) is proposing to establish supplementary rules within public lands 
in New Mexico.

DATES: Interested parties may submit written comments regarding the 
proposed supplementary rules until January 4, 2016.

ADDRESSES: You may submit comments by mail, hand-delivery, or 
electronic mail.
    Mail: Office of Law Enforcement, BLM, New Mexico State Office, P.O. 
Box 27115 Santa Fe, NM 87502-0115.
    Hand-delivery: 301 Dinosaur Trail, Santa Fe, New Mexico.

[[Page 68558]]

    Electronic mail: BLM_NM_Supplementary_Rules@blm.gov. Please 
indicate ``Attention: Law Enforcement'' in the subject line.

FOR FURTHER INFORMATION CONTACT: Jeffery Miller, New Mexico State Chief 
Ranger, Bureau of Land Management, P.O. Box 27115, Santa Fe, NM 87502-
0115, at (505) 954-2206, or j51mille@blm.gov. 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.

SUPPLEMENTARY INFORMATION: 

I. Public Comment Procedures

    You may mail, email, or hand-deliver comments to the New Mexico 
State Office, at the addresses listed above (See ADDRESSES). Written 
comments on the proposed supplementary rules should be specific and 
confined to issues pertinent to the proposed rules, and should explain 
the reason for any recommended change. Where possible, comments should 
reference the specific section or paragraph of the proposal that the 
commenter is addressing. The BLM is not obligated to consider, or 
include in the Administrative Record for the final supplementary rules, 
comments delivered to an address other than those listed above (See 
ADDRESSES) or comments that the BLM receives after the close of the 
comment period (See DATES), unless they are postmarked or 
electronically dated before the deadline.
    Comments, including names, street addresses, and other contact 
information for respondents, will be available for public review at 301 
Dinosaur Trail, Santa Fe, New Mexico, during regular business hours (8 
a.m. to 4:30 p.m., Monday through Friday, except Federal holidays). 
Before including your address, phone number, email address, or other 
personal identifying information in your comment, you should be aware 
that your 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

    The BLM New Mexico State Office is proposing to establish 
supplementary rules for public lands that it manages within the State 
of New Mexico. The proposed supplementary rules are necessary to 
support the mission of the BLM by protecting the natural resources and 
enhancing the health and safety of those using and enjoying the public 
lands. The proposed supplementary rules have been grouped into 
locations according to where they would be applicable. Some of the 
proposed supplementary rules would apply to all BLM-managed public 
lands in New Mexico, some would apply to developed recreation areas, 
and some would apply to specified locations.

III. Discussion of Proposed Supplementary Rules

    In the mid-1990s, three BLM Districts established individual sets 
of supplementary rules for BLM-managed public lands in New Mexico:
     Establishment of Supplementary Rules for Designated 
Recreation Sites, Special Recreation Management Areas, and Other Public 
Land in the Albuquerque District, NM, published on May 10, 1996 (61 FR 
21479);
     Reestablishment of Visitor Restrictions for Designated 
Recreation Sites, Special Recreation Management Areas, and Other Public 
Land in the Roswell District, NM, published on December 7, 1995 (60 FR 
62879); and
     Visitor Restrictions for Designated Recreation Sites, 
Special Recreation Management Areas, and Other Public Land in the Las 
Cruces District, NM, published on November 13, 1995 (60 FR 57012).
    The BLM proposes to modify or remove many existing supplementary 
rules for several reasons. First, the BLM has redrawn the 
administrative boundaries for some of the BLM Districts since the BLM 
published the supplementary rules for the three districts. For example, 
the Taos Field Office, which was previously part of the Albuquerque 
District, is now part of the Farmington District. Additionally, the 
Socorro Field Office, which was previously part of the Las Cruces 
District, is now part of the Albuquerque District. This has led to 
confusion about whether, and to what extent, the supplementary rules 
apply in areas where the administrative boundaries have changed. 
Second, the BLM is removing some supplementary rules because they are 
already codified in Title 43 of the Code of Federal Regulations (CFR), 
including in Sections 8365 (Visitor Services--Rules of Conduct), 9212 
(Fire Management--Wildfire Protection), and 9268 (Law Enforcement--
Criminal--Recreation Programs). Third, the BLM is removing or revising 
some of the existing supplementary rules to be consistent with the 
specific language of State law. Fourth, the BLM's proposed 
supplementary rules would implement decisions made in current Resource 
Management Plans (RMPs). Most BLM offices in New Mexico have either 
created or updated an RMP since the publication of the three district 
supplementary rules in the mid-1990s. In the proposed supplementary 
rules, the BLM seeks to implement special management decisions that 
apply to specific locations by formally publishing them in the Federal 
Register. These specific decisions have been analyzed and approved in 
various RMPs. The publication of these supplementary rules is necessary 
to be able to enforce the specific decisions that have been analyzed 
and approved in various RMPs.
    Two of the proposed supplementary rules would be new for all the 
BLM managed lands within the State of New Mexico. These rules can be 
summarized as:
    1. Use or possession of drug paraphernalia; and
    2. Open alcoholic beverage container in a motor vehicle, which 
includes off-highway vehicles
    Currently, the BLM's controlled substance and alcohol regulations 
in New Mexico lack specific rules with penalties for the possession of 
drug paraphernalia and open alcoholic beverage container in a motor 
vehicle. The possession of drug paraphernalia and open containers of 
alcoholic beverage in a motor vehicle are already illegal on public 
lands under State law. These two new rules would be consistent with 
current New Mexico Statutes found in NMSA 1978 sections 30-31-25.1 and 
66-8-138.
    The supplementary rules proposed in this Notice, if adopted, will 
replace and supersede all existing supplementary rules currently 
applicable to BLM-managed public lands within the State of New Mexico.

IV. Procedural Matters

Regulatory Planning and Review (Executive Orders 12866 and 13563)

    The proposed supplementary rules are not a significant regulatory 
action and are not subject to review by the Office of Management and 
Budget under Executive Orders 12866 and 13563. They would not have an 
effect of $100 million or more on the economy. The 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. The proposed supplementary rules would not create a 
serious inconsistency or otherwise interfere with an action taken or 
planned by another agency. The

[[Page 68559]]

proposed supplementary rules would not 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. They would merely impose rules of conduct and impose other 
limitations on certain recreational and commercial activities on 
certain public lands to protect natural resources and human health and 
safety.

Clarity of the Supplementary Rules

    Executive Order 12866 requires each agency to write regulations 
that are simple and easy to understand. The BLM invites your 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 supplementary rules clearly stated?
    (2) Do the supplementary rules contain technical language or jargon 
that interferes with their clarity?
    (3) Does the format of the supplementary rules (grouping and order 
of sections, use of headings, paragraphing, etc.) aid or reduce 
clarity?
    (4) Would the supplementary rules be easier to understand if they 
were divided into more (but shorter) sections?
    (5) Is the description of the supplementary rules in the 
SUPPLEMENTARY INFORMATION section of this preamble helpful in 
understanding the supplementary rules? How could this description be 
more helpful in making the supplementary rules easier to understand?
    Please send any comments you have on the clarity of the rule to the 
addresses specified in the ADDRESSES section.

National Environmental Policy Act

    The BLM has found that the proposed supplementary rules are 
categorically excluded from environmental review under Section 
102(2)(C) of the National Environmental Protection Act of 1969 (NEPA), 
42 U.S.C. 4332(2)(C), pursuant to 43 CFR 46.205(b) and 46.210(i). In 
addition, the proposed supplementary rules do not present any of the 12 
extraordinary circumstances listed at 43 CFR 46.215. Pursuant to the 
Council on Environmental Quality regulations (40 CFR 1508.4) and the 
environmental regulations, policies, and procedures of the Department 
of the Interior (DOI) (43 CFR 46.205), the term ``categorical 
exclusions'' means a category of actions which do not individually or 
cumulatively have a significant effect on the human environment and 
that have been found to have no such effect in procedures adopted by a 
Federal agency and for which neither an environmental assessment nor an 
environmental impact statement is required. All of the proposed 
supplementary rules are consistent with applicable land use plans. 
Additionally, through the various RMPs developed within the State of 
New Mexico, the BLM has already analyzed the potential impacts captured 
by the proposed supplementary rules.

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 proposed supplementary rules 
would merely impose reasonable restrictions on certain recreational or 
commercial activities on public lands in order to protect natural 
resources and the environment, and provide for human health and safety. 
Therefore, the BLM has determined under the RFA that the proposed 
supplementary rules would not have a significant economic impact on a 
substantial number of small entities.

Small Business Regulatory Enforcement Fairness Act

    The proposed supplementary rules are not a ``major rule'' as 
defined under 5 U.S.C. 804(2). The proposed supplementary rules would 
merely revise the rules of conduct for public use of limited areas of 
public lands and would not affect commercial or business activities of 
any kind.

Unfunded Mandates Reform Act

    The proposed supplementary rules would not impose an unfunded 
mandate of more than $100 million per year; on State, local, or tribal 
governments in the aggregate, or on the private sector, nor would they 
have a significant or unique effect on small governments. The proposed 
supplementary rules would have no effect on governmental or tribal 
entities and would impose no requirements on any of these entities. The 
proposed supplementary rules would merely revise the rules of conduct 
for public use of limited areas of public lands and would 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 at 2 U.S.C. 1531.

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

    The proposed supplementary rules do not represent a government 
action capable of interfering with constitutionally protected property 
rights. Therefore, the BLM has determined that the 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 the 
proposed supplementary rules would 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 the 
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 Executive Order 12988.

Executive Order 13175, Consultation and Coordination With Indian Tribal 
Governments

    In accordance with Executive Order 13175, the BLM has found that 
the proposed supplementary rules do not include policies that would 
have tribal implications. The proposed supplementary rules would merely 
revise the rules of conduct for public use of limited areas of public 
lands.

Executive Order 13352, Facilitation of Cooperative Conservation

    In accordance with Executive Order 13352, the BLM has determined 
that these proposed consolidated supplementary rules would not impede 
facilitating cooperation 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. The 
rules would properly accommodate local participation in the Federal 
decision-making process, and would provide that the programs,

[[Page 68560]]

projects, and activities are consistent with protecting public health 
and safety.

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 (Pub. L. 106-554). In accordance with 
the Information Quality act, the DOI has issued guidance regarding the 
quality of information that it relies on for regulatory decisions. This 
guidance is available on the DOI's Web site at https://www.doi.gov/ocio/information_management/iq.cfm.

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

    Under Executive Order 13211, the BLM has determined that the 
proposed supplementary rules would not comprise a significant energy 
action, and that they would not have an adverse effect on energy 
supplies, production, or consumption.

Paperwork Reduction Act

    The proposed 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. 3501-3521. 
Moreover, any information collection that may result from Federal 
criminal investigations or prosecutions conducted under the proposed 
supplementary rules are exempt from the provisions of 44 U.S.C. 
3518(c)(1).

Author

    The principal author of these proposed supplementary rules is 
Jeffery Miller, State Chief Ranger, New Mexico State Office, 301 
Dinosaur Trail, Santa Fe, NM 87508.

V. Proposed Supplementary Rules

    For the reasons stated in the preamble and under the authorities 
for supplementary rules found under 43 CFR 8365.1-6, 43 U.S.C. 1733(a), 
16 U.S.C. 670h(c)(5), and 43 U.S.C. 315a, the BLM New Mexico State 
Director proposes to issue consolidated supplementary rules for public 
lands managed by the BLM in New Mexico, to read as follows:
Definitions
    Camp means the erecting of a tent or shelter of natural or 
synthetic material, preparing a sleeping bag or other bedding material 
for use, parking of a motor vehicle, motor home, or trailer, or mooring 
of a vessel for the apparent purpose of overnight occupancy.
    Developed recreation sites and areas means sites and areas that 
contain structures or capital improvements primarily used by the public 
for recreation purposes. Such sites or areas may include such features 
as: Delineated spaces for parking, camping or boat launching; sanitary 
facilities; potable water; grills or fire rings; tables; or controlled 
access.
    Grey water means wastewater from washing machines, showers, 
bathtubs, hand washing lavatories, and sinks that does not contain 
human excrement or chemicals, excluding soaps and shampoos.
    Mechanical Transport means any vehicle, device or contrivance for 
moving people or material in or over land, water, snow, or air that has 
moving parts, including, but not limited to, bicycles, game carriers, 
carts and wagons. The term does not include wheelchairs, horses or 
other stock, skis or snowshoes.
    Minor means any person under 21 years of age, consistent with the 
New Mexico Liquor Control Act at New Mexico Statutes 60-3A-3-P.
    Motor Vehicle means any self-propelled device in, upon, or by which 
any person or property is or may be propelled, moved or drawn, 
including, but not limited to, cars, trucks, vans, motorcycles, all-
terrain vehicles, motor-driven cycles, motorized scooters, motorized 
skateboards, and snowmobiles. ``Motor vehicle'' does not include a 
self-propelled wheelchair, tricycle or motorized quadricycle when 
operated by a person who, by reason of physical disability, is 
otherwise unable to move about as a pedestrian.
    Pet means a dog, cat, or any domesticated companion animal.
    Weapon means all firearms, air rifles, pellet and BB guns, spring 
guns, bows and arrows, slings, paint ball markers, other instruments 
that can propel a projectile (such as a bullet, dart, or pellet by 
combustion, air pressure, gas pressure or other means), or any 
instrument that can be loaded with and fire blank cartridges.
    Management Plan means any land use plan, resource management plan, 
travel management plan, recreation activity management plan, or other 
similar implementation level plan.
Prohibited Acts
    Unless otherwise authorized by the BLM, the following prohibitions 
apply to all BLM-managed public lands within the State of New Mexico:
Natural Resource Protection
    1. You must not construct or maintain any unauthorized pit toilet 
facility, other than shallow holes or trench toilets for use by 
backcountry visitors for stays lasting 14 days or less. All holes, 
trenches, and pits must be at least 100 feet from any permanent water 
source.
Camping
    2. You must not camp or occupy any site longer than 14 days within 
a 28-day period. After 14 days, campers must move at least 25 miles and 
not camp within this 25-mile radius for at least 30 days.
    3. You must not park any motor vehicle or camp in violation of 
state law.
Transportation
    4. You must not park a motor vehicle in areas where prohibited in a 
management plan for the area.
    5. You must not use mechanical transport in areas or on trails 
posted as closed to such use and prohibited in a management plan for 
the area.
Pets and Livestock
    6. You must not allow a pet to harass, molest, injure, or kill 
humans, domesticated animals, wildlife, or livestock.
    7. You must not ride a horse in areas or on trails posted as closed 
to such use and prohibited in a management plan for the area.
    8. You must not bring a pet on any trail, in any cave, or 
freshwater spring closed to pets in the management plan for the area. 
Service animals are exempt from this rule.
    9. You must remove/dispose of all pet waste from areas with regular 
human foot traffic including, but not limited to, developed recreation 
areas, picnic areas, parking areas, and trails.
Alcohol and Drugs
    10. You must not buy alcoholic beverages for or procure the sale or 
service of alcoholic beverages to a minor; deliver alcoholic beverages 
to a minor; or aid or assist a minor to buy, procure or be served 
alcoholic beverages.
    11. If you are a minor, you must not buy, attempt to buy, receive, 
possess, or consume alcoholic beverages.
    12. You must not knowingly have in your possession or on your 
person, while in a motor vehicle upon any public road, any bottle, can 
or other receptacle containing any alcoholic beverage that has been 
opened or had its seal broken or the contents of which have been 
partially removed.

[[Page 68561]]

    13. You must not use or possess any drug paraphernalia in violation 
of state law.
Public Health and Safety
    14. You must not use or possess a weapon, including concealed 
carry, in violation of State law.
    15. You must not fail to comply with all applicable State of New 
Mexico regulations for boating safety, equipment, and registration.
    16. You must not possess a glass container where prohibited in a 
management plan for the area.
    The following prohibitions apply to all BLM-managed developed 
recreation areas and sites within the State of New Mexico:
Natural Resource Protection
    1. You must not dispose of any grey water from a trailer or other 
vehicle except in facilities provided for such.
Camping
    2. You must not reserve camping space by any means not authorized 
or required by the BLM.
Pets and Livestock
    3. You must not bring equine stock, llamas, cattle, or other 
livestock within campgrounds or picnic areas unless facilities have 
been specifically provided for such use.
Public Health and Safety
    4. You must not engage in noncommercial float boating without 
wearing at all times while on the river, an approved U.S. Coast Guard 
Type I, III or V life preserver.
    The following prohibitions apply to the specified locations on BLM 
public lands within the State of New Mexico:
Las Cruces District
    1. Within Organ Mountains-Desert Peaks National Monument
    a. Within Aguirre Spring Campground:
    You must not be within the campground after 10 p.m. unless 
overnight camping.
    You must not access the campground with a motor vehicle between 9 
p.m. and 7 a.m.
    b. Within Dripping Springs Natural Area:
    You must not climb, walk on, ascend, descend, or traverse historic 
structures.
    You must not enter outside of posted day-use-only hours.
    You must not swim, wade, or bathe in a pond.
    You must not hike off trail on Dripping Springs Trail southeast of 
Crawford Trail junction.
    c. Within Organ/Franklin Mountains Area of Critical Environmental 
Concern:
    You must not bring a pet into upper Ice Canyon. Service animals are 
exempt from this rule.
    You must not hike off designated trails in upper Ice Canyon.
    d. Within Kilbourne Hole Volcanic Crater:
    You must not discharge a weapon within the rim
    2. Within Lake Valley Historic Site:
    a. You must not walk off an established trail.
    b. You must not camp.
    c. You must not use outside of posted hours.
    3. Within Fort Cummings Special Management Area:
    a. You must not climb, walk on, ascend, descend, or traverse 
historic structures.
    b. You must not discharge a weapon within a fenced enclosure.
    c. You must not walk off an established trail within a fenced 
enclosure.
    d. You must not camp within a fenced enclosure.
    4. Within Apache Box Area of Critical Environmental Concern:
    You must not discharge a weapon between February 1 and August 15.
    5. Within Cook's Range Area of Critical Environmental Concern:
    You must not collect fuelwood.
    6. Within Guadalupe Canyon Area of Critical Environmental Concern:
    You must not collect fuelwood.
Albuquerque District
    Rio Puerco Field Office
    7. Within Guadalupe Ruin:
    You must not camp.
    8. Within Kasha-Katuwe Tent Rocks National Monument:
    a. You must not camp or occupy between 10 p.m. and 6 a.m.
    b. You must not build, tend, or use a campfire.
    c. You must not climb or walk on ``Tent Rock'' formations.
    9. Within La Ventana Natural Arch area:
    a. You must not camp.
    b. You must not participate in technical rock climbing.
    10. Within El Malpais National Conservation Area:
    You must not camp at The Narrows.
Socorro Field Office
    11. Within Fort Craig Historic Site:
    a. You must not walk off an established trail.
    b. You must not camp.
    12. Within Zuni Salt Lake Proprietary Area of Critical 
Environmental Concern:
    You must not cut wood.
    13. Within Johnson Hill Special Recreation Management area:
    You must not target shoot within a half a mile from the trail.
Farmington District
Taos Field Office
    14. Within Ward Ranch Recreation sites:
    You must not camp or occupy between 10 p.m. and 6 a.m.
    15. Within Rio Grande Del Norte National Monument:
    Wild Rivers Bear Crossing Overlook:
    You must not camp or occupy between 10 p.m. and 6 a.m.
    Rio Grande Wild and Scenic River:
    a. At John Dunn Bridge Recreation Site, you must not camp or occupy 
between 10 p.m. and 6 a.m.
    b. At Manby Hot Springs Recreation Site, you must not camp or 
occupy between 10 p.m. and 6 a.m.
    c. At Black Rock Spring Recreation Site, you must not camp or 
occupy between 10 p.m. and 6 a.m.
    d. At Chawalauna Overlooks, you must not camp or occupy between 10 
p.m. and 6 a.m.
    Orilla Verde Recreation Area:
    a. You must not launch or take out boats, except for emergencies, 
at any site not designated for such use.
    b. At gauging station picnic site, you must not camp or occupy 
between 10 p.m. and 6 a.m.
    Taos Valley Overlook Zone:
    a. You must not discharge a weapon.
    b. You must not camp.
    c. You must not allow an unleashed dog at any trailhead.
    San Antonio Extensive Recreation Management Area:
    You must not have a fire outside a fire container.
    Taos Plateau Extensive Recreation Management Area:
    You must not camp in the Guadalupe Mountain Zone within the Wild 
Rivers Recreation Area.
    Ute Mountain Extensive Recreation Management Area:
    You must not camp within 300 feet of the descent points into Rio 
Grande or Costilla Creek.
    16. Within Lower Gorge Special Recreation Management Area:
    a. At Quartzite Recreation Site, you must not camp or occupy 
between 10 p.m. and 6 a.m.
    b. At County Line Recreation Site, you must not camp or occupy 
between 10 p.m. and 6 a.m.
    c. At Lover's Lane Recreation Site, you must not camp or occupy 
between 10 p.m. and 6 a.m.
    d. Between County Line and Velarde Diversion Dam, you must not use

[[Page 68562]]

motorized craft, including inboard or outboard motors, jet skis, 
personal watercraft or hovercraft.
    17. Within Chama Canyon Special Recreation Management Area:
    You must not have a fire outside a fire container.
    18. Within Posi Special Recreation Management Area:
    a. You must not discharge a weapon.
    b. You must not camp.
    c. You must not allow an unleashed dog in the area of the 
trailhead, including the parking area.
    19. Within Palacio Arroyos Special Recreation Management Area:
    a. You must not target shoot within the areas used for parking, 
unloading trailers, camping, and pit areas (during OHV events).
    b. You must not allow an unleashed dog in the area used for 
parking, unloading trailers, camping, and pit areas (during OHV 
events).
    20. Within La Puebla Special Recreation Management Area:
    a. You must not discharge a weapon.
    b. You must not camp.
    21. Within Cieneguilla Special Recreation Management Area:
    a. You must not discharge a weapon.
    b. You must not camp.
    c. You must not allow an unleashed dog in the area of the 
trailhead, including the parking area.
    22. Within Diablo Canyon Special Recreation Management Area:
    You must not discharge a weapon.
    23. Within Cerrillos Hills/Burnt Corn Special Recreation Management 
Area:
    You must not discharge a weapon.
    24. Within La Cienega Area of Critical Environmental Concern:
    a. You must not discharge a weapon in Santa Fe River Canyon or 
cultural resource sites.
    b. You must not cut wood.
    25. Within Copper Hills Area of Critical Environmental Concern:
    You must not camp within 100 feet of rivers and streams.
    26. Within Galisteo Basin Area of Critical Environmental Concern:
    You must not target shoot.
Farmington Field Office
    27. Within Alien Run Mountain Bike Trail:
    a. You must not discharge a weapon.
    b. You must not gather wood.
    28. Within Carracas Mesa Recreation and Wildlife Area:
    You must not gather wood.
    29. Within Head Canyon Motocross Track:
    a. You must not gather wood.
    b. You must not discharge a weapon.
    30. Within Glade Run Recreation Area:
    a. You must not discharge a weapon.
    b. You must not gather wood.
    c. You must not camp.
    31. Within Navajo Lake Horse Trail:
    a. You must not gather wood.
    b. You must not discharge a weapon, except licensed hunters during 
hunting season.
    32. Within Angel Peak Scenic Area:
    You must not gather wood.
    33. Within Dunes Off-Road Vehicle Recreation Area:
    a. You must not gather wood.
    b. You must not discharge a weapon.
    34. Within Negro Canyon Special Designated Area:
    You must not gather wood.
    35. Within Pinon Mesa Recreation Area:
    a. You must not gather wood.
    b. You must not discharge a weapon, except licensed hunters during 
hunting season.
    c. You must not enter posted-closed areas between March 1 and 
August 1.
    36. Within Rock Garden Recreation Area:
    a. You must not gather wood.
    b. You must not discharge a weapon, except licensed hunters during 
hunting season.
    37. Within Simon Canyon Area of Critical Environmental Concern:
    a. You must not gather wood.
    b. You must not discharge a weapon in the Simon Canyon drainage.
    38. Within Thomas Canyon Recreation and Wildlife Area:
    You must not gather wood.
    39. Within Ephemeral Wash Riparian Area:
    You must not cut or gather wood.
Pecos District
Roswell Field Office
    40. Within Rio Bonito Acquired Lands:
    You must not discharge a weapon including hunting, except for bow 
hunting in authorized areas
    41. Within Fort Stanton National Conservation Area:
    a. You must not enter Fort Stanton Cave between November 1 and 
April 15.
    b. You must not enter Feather Cave.
    42. Within Roswell Cave Complex:
    a. You must not enter Crockett, Crystal Caverns, Martin-Antelope 
Gyp, Torgac Annex, Torgac, Big-Eared Cave, Malpais Madness, Corn Sink 
Hole, or Tres Nino caves between November 1 and April 15.
    b. You must not enter Bat Hole Cave or Coachwhip Cave.
    43. Carrizozo Land Partnership
    a. You must not enter lands without being in possession of required 
permit (i.e., vehicle pass).
Exemptions
    The following persons are exempt from these supplementary rules: 
Federal, State, local, and/or military employees acting within the 
scope of their duties; members of any organized rescue or fire-fighting 
force performing an official duty; and persons, agencies, 
municipalities or companies holding an existing special-use permit and 
operating within the scope of their permit.
    On BLM-managed public lands, outside of developed recreation areas 
and sites, where discharging a weapon is prohibited through the 
establishment of a supplementary rule, unless specifically excluded, 
persons with a valid New Mexico hunting license while legally and 
actively in the pursuit of game during an open season are authorized by 
the BLM to discharge weapons in these areas.
Penalties
    On public lands under section 303(a) of the Federal Land Policy and 
Management Act of 1976, 43 U.S.C. 1733(a), and 43 CFR 8360.0-7, any 
person who violates any of these supplementary rules may be tried 
before a United States Magistrate and fined no more than $1,000 or 
imprisoned for no more than 12 months or both. Such violations may also 
be subject to enhanced fines provided for by 18 U.S.C. 3571.
    Under the Taylor Grazing Act of 1934, 43 U.S.C. 315a, any willful 
violation of these supplementary rules on public lands within a grazing 
district, and within the boundaries established in the rules shall be 
punishable by a fine of not more than $500. Such violations may also be 
subject to the enhanced fines provided for by 18 U.S.C. 3571. Under the 
Sikes Act, 16 U.S.C. 670j, any person who violates any of these 
supplementary rules on public lands subject to a conservation and 
rehabilitation program implemented by the Secretary of the Interior may 
be tried before a United States Magistrate and fined no more than 
$1,000 or imprisoned for no more than 6 months or both. Such violations 
may also be subject to the enhanced fines provided for by 18 U.S.C. 
3571.

Aden Seidlitz,
 Acting State Director, Bureau of Land Management, New Mexico.
[FR Doc. 2015-28240 Filed 11-4-15; 8:45 am]
 BILLING CODE 4310-FB-P
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