Notice of Proposed Supplementary Rules for Shooting on Public Lands Managed by the BLM Hollister Field Office, California, 12935-12938 [2016-05400]
Download as PDF
<![CDATA[
Federal Register / Vol. 81, No. 48 / Friday, March 11, 2016 / Notices
received during public comment on the
Draft Supplemental EIS, on new,
relevant information acquired after the
Draft Supplemental EIS is published, or
on changes in BLM policies or
priorities. The Final Supplemental EIS
may include actions described in the
other analyzed alternatives as well.
Alternative 2 would require 12 plan
amendments to six current land use
plans so that the project would conform
to the respective plans. The following
land use plans would be amended in a
decision selecting Alternative 2:
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Twin Falls MFP
Jarbidge RMP (1987, for areas not covered by
the 2015 Jarbidge RMP)
Snake River Birds of Prey RMP
Bennett Hills/Timmerman Hills MFP
Kuna MFP
Bruneau MFP.
In order to authorize Segment 8 in this
alternative, four land use plans would
need to be amended. The Kuna MFP
would need an amendment to add a
new major transmission line ROW. The
SRBOP RMP would need amendments
to allow the project within 0.5 mile of
sensitive plant habitat, and to designate
an additional corridor to include the
Summer Lake 500-kV line and one
additional 500-kV line. The 1987
Jarbidge RMP would need amendments
to reclassify an avoidance/restricted
area to allow an overhead 500-kV
powerline, to change the cultural
resource direction to allow disturbance
within 0.5 mile of National-HistoricTrail ruts where visual resources are
already compromised, and to change an
area of VRM Class I to VRM Class IV,
consistent with new policy guidance.
The Bennett Hills/Timmerman Hills
MFP would need amendments changing
VRM Class II area to VRM Class III and
changing management direction
regarding archaeological sites.
In order to authorize Segment 9 in
this alternative, three land use plans
would need to be amended. The SRBOP
RMP would need an amendment to
allow the project within 0.5 mile of
sensitive plant habitat (the same
amendment as for Segment 8 in this
alternative) and to designate an
additional corridor to include one
additional 500-kV line. The Bruneau
MFP would require an amendment to
change the classification for a VRM
Class II parcel near Castle Creek to VRM
Class III. The Twin Falls MFP would
need amendments to allow the ROW
outside of existing corridors and to
reclassify VRM Class I and II areas
adjacent to the Roseworth corridor to
VRM class III, while allowing a 500-kV
line to cross the Salmon Falls Creek
Area of Critical Environmental Concern
(ACEC).
VerDate Sep<11>2014
17:56 Mar 10, 2016
Jkt 238001
Alternative 5 would require five plan
amendments to three current land use
plans so that the project would conform
to the respective plans. The following
land use plans would be amended in a
decision selecting Alternative 5:
Twin Falls MFP
Snake River Birds of Prey RMP
Bruneau MFP.
In order to authorize the Segment 8
alignment in this alternative, two land
use plans would need to be amended.
The SRBOP RMP would require an
amendment to allow an additional ROW
and designate an additional corridor for
two 500-kV lines, as well as an
amendment to allow the project within
0.5 mile of sensitive plant habitat. The
Bruneau MFP would also need to be
amended to change the classification for
a VRM Class II parcel near Castle Creek
to VRM Class III. These same
amendments to the SRBOP RMP and
Bruneau MFP would be needed for
Segment 9 in this alternative, as the
routes would parallel each other in
these planning areas. Authorizing the
Segment 9 alignment in this alternative
would also require two additional
amendments. The Twin Falls MFP
would need amendments to allow the
ROW outside of existing corridors, and
to reclassify VRM Class I and II areas
adjacent to the Roseworth corridor to
VRM class III, while allowing a 500-kV
line to cross the Salmon Falls Creek
ACEC.
Please note that public comments and
information submitted, including
names, street addresses, and email
addresses of persons who submit
comments, will be available for public
review and disclosure at the above
ADDRESSES during regular business
hours (8 a.m. to 4 p.m.), Monday
through Friday, except holidays.
Before including your address, phone
number, email address, or other
personal identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Authority: 40 CFR 1506.6, 40 CFR 1506.10,
43 CFR 1610.2.
Timothy M. Murphy,
BLM Idaho State Director.
[FR Doc. 2016–05572 Filed 3–10–16; 8:45 am]
BILLING CODE 4310–GG–P
PO 00000
Frm 00078
Fmt 4703
Sfmt 4703
12935
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLCAC09000 L12100000 MD0000 15X]
Notice of Proposed Supplementary
Rules for Shooting on Public Lands
Managed by the BLM Hollister Field
Office, California
Bureau of Land Management,
Interior.
ACTION: Proposed supplementary rules.
AGENCY:
The Bureau of Land
Management (BLM) is proposing
supplementary rules for shooting on
public lands administered by the
Hollister Field Office, California. The
proposed supplementary rules would
help protect public safety, facilitate
resource protection, and improve
recreation opportunities in the area.
These proposed supplementary rules
are intended to allow for enforcement as
a tool in minimizing the adverse effects
of shooting activities. Upon completion,
the supplementary rules will be
available for inspection in the Hollister
Field Office, and they will be
announced broadly through the news
media and direct mail to the
constituents included on the Hollister
Field Office mail list. BLM personnel
will also provide personal briefings with
interested agencies and organizations.
DATES: Comments on the proposed
supplementary rules must be received
or postmarked by May 10, 2016 to be
assured of consideration.
ADDRESSES: Mail or hand deliver all
comments concerning the proposed
supplementary rules to the Bureau of
Land Management, 20 Hamilton Court,
Hollister, CA 95023 or email comments
to dtmoore@blm.gov.
FOR FURTHER INFORMATION CONTACT: Rick
Cooper, Hollister Field Manager or
Brian Martin, Outdoor Recreation
Planner, BLM Hollister Field Office, 20
Hamilton Court, Hollister, CA 95023, or
telephone 831–630–5000.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Public Comment Procedures
The public is now invited to provide
comments on the proposed
supplementary rules. See the DATES and
ADDRESSES sections for information on
submitting comments. This notice and a
map depicting the area that would be
affected by the proposed supplementary
rules are available for public review at
the Hollister Field Office. The affected
area is also shown on a map on the
Hollister Field Office’s Web site at
https://www.blm.gov/ca/hollister.
Written comments on the proposed
supplementary rules should be specific,
E:\FR\FM\11MRN1.SGM
11MRN1
12936
Federal Register / Vol. 81, No. 48 / Friday, March 11, 2016 / Notices
confined to issues pertinent to the
proposed supplementary rules, and
should explain the reason for any
recommended change. Where possible,
comments should reference the specific
section or paragraph of the rule that the
comment is addressing. The BLM need
not consider (a) comments that the BLM
receives after the close of the comment
period (see DATES), unless they are
postmarked or electronically dated
before the deadline, or (b) comments
delivered to an address other than those
listed above (See ADDRESSES).
Comments, including names, street
addresses, and other contact
information of respondents, will be
available for public review at the 20
Hamilton Court, Hollister, CA 95023,
during regular business hours (7:30 a.m.
to 4:00 p.m.), Monday through Friday,
except Federal holidays.
Before including your address,
telephone number, email address, or
other personal identifying information
in your comment, be advised that your
entire comment, including your
personal identifying information, may
be made publicly available at any time.
While you can ask us in your comment
to withhold from public review your
personal identifying information, we
cannot guarantee that we will be able to
do so. All submissions from
organizations and businesses, and from
individuals identifying themselves as
representatives or officials of
organizations or businesses, will be
available for public inspection in their
entirety.
II. Background
The BLM establishes supplementary
rules under the authority of 43 CFR
8365.1–6, which allows the BLM State
Directors to establish such rules for the
protection of persons, property, and
public lands and resources. This
regulatory provision allows the BLM to
issue rules of less than national effect
without codifying the rules in the Code
of Federal Regulations.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
III. Discussion of Proposed
Supplementary Rules
As noted in the Record of Decision
(ROD) for the Resource Management
Plan for the Southern Diablo Mountain
Range and the Central Coast of
California (September 2007), the BLM
has allowed shooting on public lands
for several years, and has been
monitoring activities at popular
shooting areas. As use has increased, the
BLM has observed increasing hazards to
visitors and to natural resources due to
fires and improper disposal of
household items, garbage, and
VerDate Sep<11>2014
17:56 Mar 10, 2016
Jkt 238001
electronic waste abandoned on the
public lands.
These hazards have been observed in
connection with the use of firearms and
shooting activities. Thus, the proposed
supplementary rules would apply to all
shooting activities. Persons performing
tasks central to the BLM’s mission
would be exempt. Such persons would
include, for example, members of any
organized law enforcement, rescue, or
fire-fighting force.
The proposed supplementary rules
are needed to provide consistency and
uniformity for shooting on BLMadministered lands throughout the
Hollister Field Office, and to prevent
user conflicts and provide greater safety
to the visiting public.
Recreational target shooting is
recognized as a legitimate use of public
lands; however, in areas where target
shooting is concentrated, excessive
resource damage and serious conflicts
with other uses often occur. Therefore,
supplementary rules related to target
shooting are necessary to address the
following issues and concerns:
Public Safety: As visitation increases
among all types of recreational users, so
do the conflicts between user groups. In
crowded areas, shooting increases
conflicts among users and threatens user
safety. Other recreationists and nearby
landowners have concerns for their
personal safety, as well as damage to
property.
Resource Damage: Concentrated target
shooting areas result in high levels of
damage and impacts. Direct impacts
associated with these areas are the
shooting of trees and rocks and soil
contamination from lead bullets. The
indirect impacts include: Increased risk
and frequency of wildfires, litter, new
route proliferation, vandalism, illegal
dumping and other illegal activities.
These areas require more clean-up
efforts, monitoring and law enforcement
presence, and user education efforts
than areas where concentrated target
shooting does not occur.
Noise: Repetitive noise from
concentrated target shooting areas
impacts all other recreational activities
and the quality of life for nearby
residents.
Exclusive use: Exclusive use is
created as target shooting becomes
concentrated and displaces other
recreation users from the area. Many
other types of recreational users such as
hikers, equestrians, and mountain bikers
tend to avoid these areas because of the
continuous noise of gunfire and
concerns for their own personal safety.
At present, no supplementary rules
are in effect for shooting on lands
managed by the Hollister Field Office
PO 00000
Frm 00079
Fmt 4703
Sfmt 4703
where issues associated with target
shooting are most prevalent. Therefore,
these supplementary rules are proposed
to implement the ROD for the Resource
Management Plan for the Southern
Diablo Mountain Range and the Central
Coast of California (September 2007)
with respect to use of firearms and
shooting activities.
IV. Procedural Matters
Executive Order 12866, Regulatory
Planning and Review
These proposed supplementary rules
are not a significant regulatory action
and are not subject to review by the
Office of Management and Budget under
Executive Order 12866. The proposed
supplementary rules would not have an
annual effect of $100 million or more on
the economy. They are not intended to
affect commercial activity, but impose
rules of conduct on recreational visitors
for public safety and resource protection
reasons in a limited area of public lands.
These supplementary rules would not
adversely affect, in a material way, the
economy, productivity, competition,
jobs, the environment, public health or
safety, or State, local, or tribal
governments or communities. These
proposed supplementary rules would
not create a serious inconsistency or
otherwise interfere with an action taken
or planned by another agency. These
proposed supplementary rules do not
materially alter the budgetary effects of
entitlements, grants, user fees, or loan
programs or the right or obligations of
their recipients, nor do they raise novel
legal or policy issues. They merely
strive to protect public safety and the
environment.
Clarity of the 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
proposed supplementary rules clearly
stated?
(2) Do the proposed supplementary
rules contain technical language or
jargon that interferes with their clarity?
(3) Does the format of the proposed
supplementary rules (grouping and
order of sections, use of headings,
paragraphing, etc.) aid or reduce their
clarity?
(4) Would the proposed
supplementary rules be easier to
understand if they were divided into
more (but shorter) sections?
E:\FR\FM\11MRN1.SGM
11MRN1
Federal Register / Vol. 81, No. 48 / Friday, March 11, 2016 / Notices
(5) Is the description of the proposed
supplementary rules in the
SUPPLMENTARY INFORMATION section of
this preamble helpful in understanding
the proposed supplementary rules? How
could this description be more helpful
in making the proposed supplementary
rules easier to understand?
Please send any comments you may
have on the clarity of the proposed
supplementary rules to one of the
addresses specified in the ADDRESSES
section.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
National Environmental Policy Act
The BLM prepared an environmental
assessment (EA) dated April 6, 2015,
and found that the proposed
supplementary rules would not
constitute a major Federal action
significantly affecting the quality of the
human environment under Section
102(2)(C) of the National Environmental
Policy Act of 1969 (NEPA), 42 U.S.C.
4332(2)(C). The proposed
supplementary rules merely contain
rules of conduct for the BLM public
lands administered by the Hollister
Field Office within the Central
California District. These rules are
designed to protect the environment and
public safety. A detailed statement
under NEPA is not required. The BLM
has placed the EA and the Finding of No
Significant Impact (FONSI) on file in the
BLM Administrative Record at the
address specified in the ADDRESSES
section.
As documented in Environmental
Assessment DOI–BLM–CA–0900–2012–
49–EA, and the associated Finding of
No Significant Impact and Decision
Record, the proposed supplementary
rules do not constitute a major Federal
action significantly affecting the quality
of the human environment under
Section 102(2)(C) of the National
Environmental Policy Act of 1969, 42
U.S.C. 4332(2)(C).
Regulatory Flexibility Act
Congress enacted the Regulatory
Flexibility Act (RFA), 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 do
not pertain specifically to commercial or
governmental entities of any size, but to
public recreational use of specific
public lands. Therefore, the BLM has
determined under the RFA that the
proposed supplementary rules would
not have a significant economic impact
VerDate Sep<11>2014
17:56 Mar 10, 2016
Jkt 238001
on a substantial number of small
entities.
Small Business Regulatory Enforcement
Fairness Act
These proposed supplementary rules
do not constitute a ‘‘major rule’’ as
defined at 5 U.S.C. 804(2). These
proposed supplementary rules merely
contain rules of conduct for recreational
use of certain public lands. These
proposed supplementary rules would
not affect business, commercial, or
industrial use of the public lands.
Unfunded Mandates Reform Act
These proposed supplementary rules
would not impose an unfunded
mandate on State, local, or tribal
Governments in the aggregate, or the
private sector, of more than $100
million per year; nor would they have
a significant or unique effect on small
governments. These proposed
supplementary rules do not require
anything of State, local, or tribal
governments. Therefore, the BLM is not
required to prepare a statement
containing the information required by
the Unfunded Mandates Reform Act, 2
U.S.C. 1531 et seq.
Executive Order 12630, Governmental
Actions and Interference With
Constitutionally Protected Property
Rights (Takings)
These proposed supplementary rules
are not a government action capable of
interfering with constitutionally
protected property rights. These
proposed supplementary rules do not
address property rights in any form, and
do not cause the impairment of
anybody’s property rights. Therefore,
the BLM has determined that these
proposed supplementary rules would
not cause a taking of private property or
require further discussion of takings
implications under this Executive
Order.
Executive Order 13132, Federalism
These proposed supplementary rules
would not have a substantial direct
effect on the states, on the relationship
between the Federal Government and
the states, or on the distribution of
power and responsibilities among the
various levels of government. These
proposed supplementary rules apply on
a limited area of land in only one State,
California. Therefore, the BLM has
determined that these proposed
supplementary rules do not have
sufficient Federalism implications to
warrant preparation of a Federalism
assessment.
PO 00000
Frm 00080
Fmt 4703
Sfmt 4703
12937
Executive Order 12988, Civil Justice
Reform
Under Executive Order 12988, the
BLM has determined that these
proposed supplementary rules would
not unduly burden the judicial system
and that the requirements of sections
3(a) and 3(b)(2) of the Order are met.
These supplementary rules contain
rules of conduct for recreational use of
certain public lands to protect public
safety and the environment.
Executive Order 13175, Consultation
and Coordination With Indian Tribal
Governments
In accordance with Executive Order
13175, the BLM has found that these
proposed supplementary rules do not
include policies that have tribal
implications. These proposed
supplementary rules do not affect lands
held in trust for the benefit of Native
American tribes, individual Indians,
Aleuts, or others.
Paperwork Reduction Act
These proposed supplementary rules
do not contain information collection
requirements that the Office of
Management and Budget must approve
under the Paperwork Reduction Act, 44
U.S.C. 3501 et seq.
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
These proposed supplementary rules
do not comprise a significant energy
action. These supplementary rules
would not have an adverse effect on
energy supplies, production, or
consumption. They only address rules
of conduct for recreational use of certain
public lands to protect public safety and
the environment, and have no
connection with energy policy.
Author
The principal author of the proposed
supplementary rules is Brian Martin,
BLM Chief Law Enforcement Officer for
the Hollister Field Office, California.
For the reasons stated in the
Preamble, and under the authority for
supplementary rules at 43 U.S.C. 1740
and 43 CFR 8365.1–6, the California
State Director, Bureau of Land
Management, proposes to issue these
supplementary rules for public lands
managed by the BLM in California, to
read as follows:
Supplementary Rules
Definitions
Alcoholic beverage means any beverage
that, when consumed, will produce
intoxication.
E:\FR\FM\11MRN1.SGM
11MRN1
asabaliauskas on DSK3SPTVN1PROD with NOTICES
12938
Federal Register / Vol. 81, No. 48 / Friday, March 11, 2016 / Notices
Controlled substance means any substance
so designated by law whose availability is
restricted, including, but not limited to,
narcotics, stimulants, depressants,
hallucinogens, and marijuana.
Destructive device means any type of
weapon, by whatever name known, which
will, or which may be readily converted to
expel a projectile by the action of an
explosive or other propellant, the barrel or
barrels of which have a bore of more than
0.60 caliber, except a shotgun or shotgun
shell, which is generally recognized as
particularly suitable for sporting purposes.
Developed recreation area/site means any
site or area that contains structures or capital
improvements primarily used by the public
for recreation purposes. Such areas or sites
may include such features as: Delineated
spaces for parking, camping, boat launching,
sanitary facilities, potable water, grills, fire
rings, tables, or controlled access.
Explosive, chemical, or incendiary device
means any tracer round, incendiary bomb,
grenade, fire bomb, chemical bomb, or device
which consists of or includes a breakable or
non-breakable container including a
flammable liquid or compound, or any
breakable container which consists of or
includes a chemical mixture that explodes
with fire or force and can be shot at or shot
from a firearm, carried, or thrown. A
cartridge containing or carrying an explosive
agent and bullet is not an explosive device
as that term is used here.
Firearm means an instrument used in the
propulsion of shot, shell, or bullets by the
action of gunpowder exploded within it.
Loaded firearm means a firearm that has an
unexpended cartridge of powder and a bullet
or shot in or attached in any manner to the
firearm including, but not limited to, in the
firing chamber, magazine, or clip thereof
attached to the firearm or a muzzle loader
firearm that is capped or primed and has a
powder charge and ball or shot in the
cylinder or barrel.
Target means items designed,
manufactured, or built specifically for the
purpose of target shooting which can be
completely removed following use.
Target shooting means shooting a weapon
for recreational purposes when game is not
being legally pursued.
Public lands means any lands or interest in
lands managed by the BLM.
Pyrotechnic device means any device
manufactured or used to produce a visible or
audible effect by combustion, deflagration, or
detonation. This includes, but is not limited
to, such devices as exploding targets that are
detonated when struck by a projectile such
as a bullet fired from a firearm.
Weapon means any firearm, cross bow,
bow and arrow, paint gun, fireworks, or
explosive device capable of propelling a
projectile either by means of an explosion,
compressed gas, or by string or spring.
1. These supplementary rules apply, except
as specifically exempted, to all shooting
activities on public lands administered by
the Hollister Field Office, California.
2. These supplementary rules are in effect
year-around and will remain in effect until
modified by the State Director.
3. The following persons are exempt from
these supplementary rules: Any Federal,
VerDate Sep<11>2014
17:56 Mar 10, 2016
Jkt 238001
State, or local government officer or
employee in the scope of their duties;
members of any organized law enforcement,
rescue, or fire-fighting force in performance
of an official duty; and any person whose
activities are authorized in writing by the
Bureau of Land Management.
4. All persons must abide by all Federal
and State laws, rules, and regulations
pertaining to firearms and weapons for all
shooting activities on public lands.
5. No person shall, unless it is posted as
allowed, target shoot with a weapon within
50 feet of the center line of any public road.
6. No person shall shoot or discharge any
weapon across any public road or signed
trail.
7. No person shall, unless it is posted as
allowed, shoot or discharge any weapon
within 150 yards of any developed recreation
area/site.
8. No person shall shoot or discharge any
weapon toward or in the direction of any
public road, signed trail, or developed
recreation area/site where this action could
create a hazard to life or property.
9. No person shall consume or be under the
influence of an alcoholic beverage or a
controlled substance while shooting or
discharging any weapon on public lands.
10. No person shall shoot or discharge any
firearm loaded with tracer bullets on public
lands.
11. No person shall shoot or discharge any
weapon at any construction materials, office
products, or household items including, but
not limited to, appliances, furniture,
electronic waste, or other objects containing
glass on public lands. Targets designed,
manufactured, or built specifically for the
purpose of target shooting and which can be
completely removed following use are
allowed.
12. No person shall shoot or discharge any
weapon at clay pigeons on public lands.
13. No person shall shoot or discharge any
weapon at any tree, cactus, shrub, or similar
vegetative object, fence post, or any other
public lands infrastructure. This includes the
use of these objects to support targets.
14. Persons shooting or discharging any
weapon on public lands are required to
remove and properly dispose of all shooting
materials, including targets, shell boxes, shell
casings, hulls, and brass.
15. No person shall transport in a vehicle
or conveyance or its attachments on any
public land, or roads, a firearm, unless it is
unloaded or dismantled.
16. No person shall have a loaded firearm
on display when in any developed recreation
area.
17. No person shall shoot or discharge any
weapon from a powerboat, sailboat, motor
vehicle, or aircraft.
18. No person shall, except with a valid
permit, carry a concealed firearm on public
lands.
19. No person shall possess or use any
pyrotechnic device on public lands. This
prohibition includes, but is not limited to,
devices such as exploding targets that are
detonated when struck by a projectile such
as a bullet fired from a firearm.
20. No person shall possess or use any
destructive, explosive, or incendiary
PO 00000
Frm 00081
Fmt 4703
Sfmt 4703
(including chemical) device on public lands.
This prohibition includes, but is not limited
to, any homemade or manufactured bomb,
cannon, mortar, or similar device.
Enforcement
Any person who violates any of these
supplementary rules may be tried before a
United States Magistrate and fined in
accordance with 18 U.S.C. 3571, imprisoned
no more than 12 months under 43 U.S.C.
1733(a) and 43 CFR 8360.0–7, or both. In
accordance with 43 CFR 8365.1–7, State or
local officials may also impose penalties for
violations of California law.
Joe Stout,
Acting BLM California State Director.
[FR Doc. 2016–05400 Filed 3–10–16; 8:45 am]
BILLING CODE 4310–40–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLCA932000.L13400000.DP0000.LXSSB
0020000.16X]
Notice of Areas of Critical
Environmental Concern in the Desert
Renewable Energy Conservation Plan
Proposed Land Use Plan Amendment,
California
Bureau of Land Management,
Interior.
ACTION: Notice.
AGENCY:
In accordance with the
National Environmental Policy Act of
1969, as amended, and the Federal Land
Policy and Management Act of 1976, as
amended, the Bureau of Land
Management (BLM) announced
availability of the Proposed Land Use
Plan Amendment (LUPA) and Final
Environmental Impact Statement (EIS)
for the Desert Renewable Energy
Conservation Plan (DRECP) with a
Notice of Availability published in the
Federal Register on November 13, 2015
(80 FR 70254). The Proposed LUPA
would amend the California Desert
Conservation Area (CDCA) Plan and the
Bakersfield and Bishop Resource
Management Plans (RMPs). The
Proposed DRECP LUPA/Final EIS
considers designation of 134 Areas of
Critical Environmental Concern
(ACECs). In order to comply with
Federal Regulations at 43 CFR 1610.7–
2(b), the BLM through this notice is
announcing a 60-day public comment
period on those 134 ACECs. The 134
ACECs listed in this notice are identical
to those identified in the alternatives
found within the Proposed DRECP
LUPA/Final EIS addressed by the
publication of the Federal Notice of
Availability on November 13, 2015. The
scope of this 60-day comment period is
SUMMARY:
E:\FR\FM\11MRN1.SGM
11MRN1
]]>Agencies
[Federal Register Volume 81, Number 48 (Friday, March 11, 2016)]
[Notices]
[Pages 12935-12938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05400]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLCAC09000 L12100000 MD0000 15X]
Notice of Proposed Supplementary Rules for Shooting on Public
Lands Managed by the BLM Hollister Field Office, California
AGENCY: Bureau of Land Management, Interior.
ACTION: Proposed supplementary rules.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Land Management (BLM) is proposing supplementary
rules for shooting on public lands administered by the Hollister Field
Office, California. The proposed supplementary rules would help protect
public safety, facilitate resource protection, and improve recreation
opportunities in the area.
These proposed supplementary rules are intended to allow for
enforcement as a tool in minimizing the adverse effects of shooting
activities. Upon completion, the supplementary rules will be available
for inspection in the Hollister Field Office, and they will be
announced broadly through the news media and direct mail to the
constituents included on the Hollister Field Office mail list. BLM
personnel will also provide personal briefings with interested agencies
and organizations.
DATES: Comments on the proposed supplementary rules must be received or
postmarked by May 10, 2016 to be assured of consideration.
ADDRESSES: Mail or hand deliver all comments concerning the proposed
supplementary rules to the Bureau of Land Management, 20 Hamilton
Court, Hollister, CA 95023 or email comments to dtmoore@blm.gov.
FOR FURTHER INFORMATION CONTACT: Rick Cooper, Hollister Field Manager
or Brian Martin, Outdoor Recreation Planner, BLM Hollister Field
Office, 20 Hamilton Court, Hollister, CA 95023, or telephone 831-630-
5000.
SUPPLEMENTARY INFORMATION:
I. Public Comment Procedures
The public is now invited to provide comments on the proposed
supplementary rules. See the DATES and ADDRESSES sections for
information on submitting comments. This notice and a map depicting the
area that would be affected by the proposed supplementary rules are
available for public review at the Hollister Field Office. The affected
area is also shown on a map on the Hollister Field Office's Web site at
https://www.blm.gov/ca/hollister.
Written comments on the proposed supplementary rules should be
specific,
[[Page 12936]]
confined to issues pertinent to the proposed supplementary rules, and
should explain the reason for any recommended change. Where possible,
comments should reference the specific section or paragraph of the rule
that the comment is addressing. The BLM need not consider (a) comments
that the BLM receives after the close of the comment period (see
DATES), unless they are postmarked or electronically dated before the
deadline, or (b) comments delivered to an address other than those
listed above (See ADDRESSES).
Comments, including names, street addresses, and other contact
information of respondents, will be available for public review at the
20 Hamilton Court, Hollister, CA 95023, during regular business hours
(7:30 a.m. to 4:00 p.m.), Monday through Friday, except Federal
holidays.
Before including your address, telephone number, email address, or
other personal identifying information in your comment, be advised that
your entire comment, including your personal identifying information,
may be made publicly available at any time. While you can ask us in
your comment to withhold from public review your personal identifying
information, we cannot guarantee that we will be able to do so. All
submissions from organizations and businesses, and from individuals
identifying themselves as representatives or officials of organizations
or businesses, will be available for public inspection in their
entirety.
II. Background
The BLM establishes supplementary rules under the authority of 43
CFR 8365.1-6, which allows the BLM State Directors to establish such
rules for the protection of persons, property, and public lands and
resources. This regulatory provision allows the BLM to issue rules of
less than national effect without codifying the rules in the Code of
Federal Regulations.
III. Discussion of Proposed Supplementary Rules
As noted in the Record of Decision (ROD) for the Resource
Management Plan for the Southern Diablo Mountain Range and the Central
Coast of California (September 2007), the BLM has allowed shooting on
public lands for several years, and has been monitoring activities at
popular shooting areas. As use has increased, the BLM has observed
increasing hazards to visitors and to natural resources due to fires
and improper disposal of household items, garbage, and electronic waste
abandoned on the public lands.
These hazards have been observed in connection with the use of
firearms and shooting activities. Thus, the proposed supplementary
rules would apply to all shooting activities. Persons performing tasks
central to the BLM's mission would be exempt. Such persons would
include, for example, members of any organized law enforcement, rescue,
or fire-fighting force.
The proposed supplementary rules are needed to provide consistency
and uniformity for shooting on BLM-administered lands throughout the
Hollister Field Office, and to prevent user conflicts and provide
greater safety to the visiting public.
Recreational target shooting is recognized as a legitimate use of
public lands; however, in areas where target shooting is concentrated,
excessive resource damage and serious conflicts with other uses often
occur. Therefore, supplementary rules related to target shooting are
necessary to address the following issues and concerns:
Public Safety: As visitation increases among all types of
recreational users, so do the conflicts between user groups. In crowded
areas, shooting increases conflicts among users and threatens user
safety. Other recreationists and nearby landowners have concerns for
their personal safety, as well as damage to property.
Resource Damage: Concentrated target shooting areas result in high
levels of damage and impacts. Direct impacts associated with these
areas are the shooting of trees and rocks and soil contamination from
lead bullets. The indirect impacts include: Increased risk and
frequency of wildfires, litter, new route proliferation, vandalism,
illegal dumping and other illegal activities. These areas require more
clean-up efforts, monitoring and law enforcement presence, and user
education efforts than areas where concentrated target shooting does
not occur.
Noise: Repetitive noise from concentrated target shooting areas
impacts all other recreational activities and the quality of life for
nearby residents.
Exclusive use: Exclusive use is created as target shooting becomes
concentrated and displaces other recreation users from the area. Many
other types of recreational users such as hikers, equestrians, and
mountain bikers tend to avoid these areas because of the continuous
noise of gunfire and concerns for their own personal safety.
At present, no supplementary rules are in effect for shooting on
lands managed by the Hollister Field Office where issues associated
with target shooting are most prevalent. Therefore, these supplementary
rules are proposed to implement the ROD for the Resource Management
Plan for the Southern Diablo Mountain Range and the Central Coast of
California (September 2007) with respect to use of firearms and
shooting activities.
IV. Procedural Matters
Executive Order 12866, Regulatory Planning and Review
These proposed supplementary rules are not a significant regulatory
action and are not subject to review by the Office of Management and
Budget under Executive Order 12866. The proposed supplementary rules
would not have an annual effect of $100 million or more on the economy.
They are not intended to affect commercial activity, but impose rules
of conduct on recreational visitors for public safety and resource
protection reasons in a limited area of public lands. These
supplementary rules would not adversely affect, in a material way, the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities. These proposed supplementary rules would not create a
serious inconsistency or otherwise interfere with an action taken or
planned by another agency. These proposed supplementary rules do not
materially alter the budgetary effects of entitlements, grants, user
fees, or loan programs or the right or obligations of their recipients,
nor do they raise novel legal or policy issues. They merely strive to
protect public safety and the environment.
Clarity of the 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 proposed supplementary rules
clearly stated?
(2) Do the proposed supplementary rules contain technical language
or jargon that interferes with their clarity?
(3) Does the format of the proposed supplementary rules (grouping
and order of sections, use of headings, paragraphing, etc.) aid or
reduce their clarity?
(4) Would the proposed supplementary rules be easier to understand
if they were divided into more (but shorter) sections?
[[Page 12937]]
(5) Is the description of the proposed supplementary rules in the
SUPPLMENTARY INFORMATION section of this preamble helpful in
understanding the proposed supplementary rules? How could this
description be more helpful in making the proposed supplementary rules
easier to understand?
Please send any comments you may have on the clarity of the
proposed supplementary rules to one of the addresses specified in the
ADDRESSES section.
National Environmental Policy Act
The BLM prepared an environmental assessment (EA) dated April 6,
2015, and found that the proposed supplementary rules would not
constitute a major Federal action significantly affecting the quality
of the human environment under Section 102(2)(C) of the National
Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4332(2)(C). The
proposed supplementary rules merely contain rules of conduct for the
BLM public lands administered by the Hollister Field Office within the
Central California District. These rules are designed to protect the
environment and public safety. A detailed statement under NEPA is not
required. The BLM has placed the EA and the Finding of No Significant
Impact (FONSI) on file in the BLM Administrative Record at the address
specified in the ADDRESSES section.
As documented in Environmental Assessment DOI-BLM-CA-0900-2012-49-
EA, and the associated Finding of No Significant Impact and Decision
Record, the proposed supplementary rules do not constitute a major
Federal action significantly affecting the quality of the human
environment under Section 102(2)(C) of the National Environmental
Policy Act of 1969, 42 U.S.C. 4332(2)(C).
Regulatory Flexibility Act
Congress enacted the Regulatory Flexibility Act (RFA), 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 do not pertain
specifically to commercial or governmental entities of any size, but to
public recreational use of specific public lands. Therefore, the BLM
has determined under the RFA that the proposed supplementary rules
would not have a significant economic impact on a substantial number of
small entities.
Small Business Regulatory Enforcement Fairness Act
These proposed supplementary rules do not constitute a ``major
rule'' as defined at 5 U.S.C. 804(2). These proposed supplementary
rules merely contain rules of conduct for recreational use of certain
public lands. These proposed supplementary rules would not affect
business, commercial, or industrial use of the public lands.
Unfunded Mandates Reform Act
These proposed supplementary rules would not impose an unfunded
mandate on State, local, or tribal Governments in the aggregate, or the
private sector, of more than $100 million per year; nor would they have
a significant or unique effect on small governments. These proposed
supplementary rules do not require anything of State, local, or tribal
governments. Therefore, the BLM is not required to prepare a statement
containing the information required by the Unfunded Mandates Reform
Act, 2 U.S.C. 1531 et seq.
Executive Order 12630, Governmental Actions and Interference With
Constitutionally Protected Property Rights (Takings)
These proposed supplementary rules are not a government action
capable of interfering with constitutionally protected property rights.
These proposed supplementary rules do not address property rights in
any form, and do not cause the impairment of anybody's property rights.
Therefore, the BLM has determined that these proposed supplementary
rules would not cause a taking of private property or require further
discussion of takings implications under this Executive Order.
Executive Order 13132, Federalism
These proposed supplementary rules would not have a substantial
direct effect on the states, on the relationship between the Federal
Government and the states, or on the distribution of power and
responsibilities among the various levels of government. These proposed
supplementary rules apply on a limited area of land in only one State,
California. Therefore, the BLM has determined that these proposed
supplementary rules do not have sufficient Federalism implications to
warrant preparation of a Federalism assessment.
Executive Order 12988, Civil Justice Reform
Under Executive Order 12988, the BLM has determined that these
proposed supplementary rules would not unduly burden the judicial
system and that the requirements of sections 3(a) and 3(b)(2) of the
Order are met. These supplementary rules contain rules of conduct for
recreational use of certain public lands to protect public safety and
the environment.
Executive Order 13175, Consultation and Coordination With Indian Tribal
Governments
In accordance with Executive Order 13175, the BLM has found that
these proposed supplementary rules do not include policies that have
tribal implications. These proposed supplementary rules do not affect
lands held in trust for the benefit of Native American tribes,
individual Indians, Aleuts, or others.
Paperwork Reduction Act
These proposed supplementary rules do not contain information
collection requirements that the Office of Management and Budget must
approve under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
These proposed supplementary rules do not comprise a significant
energy action. These supplementary rules would not have an adverse
effect on energy supplies, production, or consumption. They only
address rules of conduct for recreational use of certain public lands
to protect public safety and the environment, and have no connection
with energy policy.
Author
The principal author of the proposed supplementary rules is Brian
Martin, BLM Chief Law Enforcement Officer for the Hollister Field
Office, California.
For the reasons stated in the Preamble, and under the authority for
supplementary rules at 43 U.S.C. 1740 and 43 CFR 8365.1-6, the
California State Director, Bureau of Land Management, proposes to issue
these supplementary rules for public lands managed by the BLM in
California, to read as follows:
Supplementary Rules
Definitions
Alcoholic beverage means any beverage that, when consumed, will
produce intoxication.
[[Page 12938]]
Controlled substance means any substance so designated by law
whose availability is restricted, including, but not limited to,
narcotics, stimulants, depressants, hallucinogens, and marijuana.
Destructive device means any type of weapon, by whatever name
known, which will, or which may be readily converted to expel a
projectile by the action of an explosive or other propellant, the
barrel or barrels of which have a bore of more than 0.60 caliber,
except a shotgun or shotgun shell, which is generally recognized as
particularly suitable for sporting purposes.
Developed recreation area/site means any site or area that
contains structures or capital improvements primarily used by the
public for recreation purposes. Such areas or sites may include such
features as: Delineated spaces for parking, camping, boat launching,
sanitary facilities, potable water, grills, fire rings, tables, or
controlled access.
Explosive, chemical, or incendiary device means any tracer
round, incendiary bomb, grenade, fire bomb, chemical bomb, or device
which consists of or includes a breakable or non-breakable container
including a flammable liquid or compound, or any breakable container
which consists of or includes a chemical mixture that explodes with
fire or force and can be shot at or shot from a firearm, carried, or
thrown. A cartridge containing or carrying an explosive agent and
bullet is not an explosive device as that term is used here.
Firearm means an instrument used in the propulsion of shot,
shell, or bullets by the action of gunpowder exploded within it.
Loaded firearm means a firearm that has an unexpended cartridge
of powder and a bullet or shot in or attached in any manner to the
firearm including, but not limited to, in the firing chamber,
magazine, or clip thereof attached to the firearm or a muzzle loader
firearm that is capped or primed and has a powder charge and ball or
shot in the cylinder or barrel.
Target means items designed, manufactured, or built specifically
for the purpose of target shooting which can be completely removed
following use.
Target shooting means shooting a weapon for recreational
purposes when game is not being legally pursued.
Public lands means any lands or interest in lands managed by the
BLM.
Pyrotechnic device means any device manufactured or used to
produce a visible or audible effect by combustion, deflagration, or
detonation. This includes, but is not limited to, such devices as
exploding targets that are detonated when struck by a projectile
such as a bullet fired from a firearm.
Weapon means any firearm, cross bow, bow and arrow, paint gun,
fireworks, or explosive device capable of propelling a projectile
either by means of an explosion, compressed gas, or by string or
spring.
1. These supplementary rules apply, except as specifically
exempted, to all shooting activities on public lands administered by
the Hollister Field Office, California.
2. These supplementary rules are in effect year-around and will
remain in effect until modified by the State Director.
3. The following persons are exempt from these supplementary
rules: Any Federal, State, or local government officer or employee
in the scope of their duties; members of any organized law
enforcement, rescue, or fire-fighting force in performance of an
official duty; and any person whose activities are authorized in
writing by the Bureau of Land Management.
4. All persons must abide by all Federal and State laws, rules,
and regulations pertaining to firearms and weapons for all shooting
activities on public lands.
5. No person shall, unless it is posted as allowed, target shoot
with a weapon within 50 feet of the center line of any public road.
6. No person shall shoot or discharge any weapon across any
public road or signed trail.
7. No person shall, unless it is posted as allowed, shoot or
discharge any weapon within 150 yards of any developed recreation
area/site.
8. No person shall shoot or discharge any weapon toward or in
the direction of any public road, signed trail, or developed
recreation area/site where this action could create a hazard to life
or property.
9. No person shall consume or be under the influence of an
alcoholic beverage or a controlled substance while shooting or
discharging any weapon on public lands.
10. No person shall shoot or discharge any firearm loaded with
tracer bullets on public lands.
11. No person shall shoot or discharge any weapon at any
construction materials, office products, or household items
including, but not limited to, appliances, furniture, electronic
waste, or other objects containing glass on public lands. Targets
designed, manufactured, or built specifically for the purpose of
target shooting and which can be completely removed following use
are allowed.
12. No person shall shoot or discharge any weapon at clay
pigeons on public lands.
13. No person shall shoot or discharge any weapon at any tree,
cactus, shrub, or similar vegetative object, fence post, or any
other public lands infrastructure. This includes the use of these
objects to support targets.
14. Persons shooting or discharging any weapon on public lands
are required to remove and properly dispose of all shooting
materials, including targets, shell boxes, shell casings, hulls, and
brass.
15. No person shall transport in a vehicle or conveyance or its
attachments on any public land, or roads, a firearm, unless it is
unloaded or dismantled.
16. No person shall have a loaded firearm on display when in any
developed recreation area.
17. No person shall shoot or discharge any weapon from a
powerboat, sailboat, motor vehicle, or aircraft.
18. No person shall, except with a valid permit, carry a
concealed firearm on public lands.
19. No person shall possess or use any pyrotechnic device on
public lands. This prohibition includes, but is not limited to,
devices such as exploding targets that are detonated when struck by
a projectile such as a bullet fired from a firearm.
20. No person shall possess or use any destructive, explosive,
or incendiary (including chemical) device on public lands. This
prohibition includes, but is not limited to, any homemade or
manufactured bomb, cannon, mortar, or similar device.
Enforcement
Any person who violates any of these supplementary rules may be
tried before a United States Magistrate and fined in accordance with
18 U.S.C. 3571, imprisoned no more than 12 months under 43 U.S.C.
1733(a) and 43 CFR 8360.0-7, or both. In accordance with 43 CFR
8365.1-7, State or local officials may also impose penalties for
violations of California law.
Joe Stout,
Acting BLM California State Director.
[FR Doc. 2016-05400 Filed 3-10-16; 8:45 am]
BILLING CODE 4310-40-P
