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]
-----------------------------------------------------------------------
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