Notice of Final Supplementary Rules for the Killpecker Sand Dunes Recreation Site, Wyoming, 37637-37639 [2016-13757]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Land Management

[Federal Register Volume 81, Number 112 (Friday, June 10, 2016)]
[Notices]
[Pages 37637-37639]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13757]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[15XL1109AF.LLWY930000.L12200000.MD0000]


Notice of Final Supplementary Rules for the Killpecker Sand Dunes 
Recreation Site, Wyoming

AGENCY: Bureau of Land Management, Interior.

ACTION: Final supplementary rules.

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SUMMARY: The Bureau of Land Management (BLM) is finalizing 
supplementary rules for the Killpecker Sand Dunes Recreation Site 
located within the Greater Sand Dunes Area of Critical Environmental 
Concern (ACEC) Eastern Portion managed by the Rock Springs Field Office 
(RSFO) in Rock Springs, Wyoming. This action improves the safety of 
visitors in the open play sand dunes area by providing better visual 
identification of off-highway vehicles (OHVs), implementing a speed 
limit, and prohibiting the possession and use of glass containers in 
the OHV recreation area.

DATES: The final supplementary rules are effective July 11, 2016.

[[Page 37638]]


ADDRESSES: Email blm_wy_rsfo_sand_dunes@blm.gov with ``Supplementary 
Rules'' in the subject line; fax (307) 352-0329; or mail to BLM Rock 
Springs Field Office, Attn: Supplementary Rules, 280 Highway 191 North, 
Rock Springs, WY 82901.

FOR FURTHER INFORMATION CONTACT: For information on the substance of 
the rule, please contact Jo Foster, RSFO Outdoor Recreation Planner, 
(307) 352-0327. Persons who use a telecommunications device for the 
deaf may call the Federal Information Relay Service (FIRS) at 1-800-
877-8339 to speak with Georgia Foster during normal business hours. The 
FIRS is available 24 hours a day, 7 days a week, to leave a message or 
question with the above individual. You will receive a reply during 
normal business hours.

SUPPLEMENTARY INFORMATION:

I. Background

    Conditions of use for OHVs are defined under 43 CFR subpart 8341. 
Rules of conduct on public land are defined under 43 CFR subpart 8365. 
On December 11, 2014, the BLM proposed supplementary rules (79 FR 
73623), in accordance with 43 CFR 8365.1-6, which authorizes state 
directors to establish supplementary rules for the protection of 
persons, property, and public lands and resources. The public comment 
period ended February 9, 2015.
    The Killpecker Sand Dunes Recreation Site is managed in accordance 
with the 2006 Record of Decision and Jack Morrow Hills Coordinated 
Activity Plan/Green River Resource Management Plan Amendment, which 
designates 10,020 acres as open to OHV travel on the active sand dunes. 
These supplementary rules implement key decisions in the March 12, 
2013, Killpecker Sand Dunes Recreation Site Facility Improvement 
Environmental Assessment (WY-040-EA13-098) Decision Record, which is in 
compliance with the 2006 Record of Decision.
    The final supplementary rules apply to public lands administered by 
the BLM Rock Springs Field Office. The active sand dunes within the 
Killpecker Sand Dunes Recreation Site consist of approximately 10,500 
acres of public lands within Sweetwater County, Wyoming in the 
following described township:

Sixth Principal Meridian, Wyoming

T. 23 N., R. 103 W., sec.16, SE\1/4\SW\1/4\ and SW\1/4\SE\1/4\.

    The rules require safety flags on all vehicles in the OHV open 
area, prohibit speeds in excess of 15 miles per hour within 500 feet of 
access roads, and prohibit the use of glass containers within the OHV 
recreation area.

II. Discussion of Public Comment and Final Supplementary Rules

    One substantive comment was received during the public comment 
period. The comment expressed no objection to the supplementary rules 
as they will promote public safety and a safer environment for OHV 
recreation by providing for better visual identification of OHVs, by 
implementing a speed limit, and by prohibiting the possession and use 
of glass containers.
    No changes have been made to the supplementary rules in response to 
this public comment. However, the BLM has revised the wording of the 
first and second prohibited acts in order to clarify that they apply to 
all vehicles, including but not limited to OHVs. In addition, the 
paragraph labeled, ``Penalties'' has been replaced with a paragraph 
labeled, ``Enforcement,'' in accordance with BLM policy. While that 
paragraph has been re-worded, it cites the same statutory and 
regulatory authorities as the paragraph that was in the proposed rule.

III. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    These final supplementary rules are not a significant regulatory 
action and are not subject to review by the Office of Management and 
Budget under Executive Order 12866. They will not have an effect of 
$100 million or more on the economy and will not adversely affect, in a 
material way, productivity, competition, jobs, the environment, public 
health or safety, or state, local, or tribal governments or 
communities. They will not create a serious inconsistency or otherwise 
interfere with an action taken or planned by another agency. They will 
not 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 will not affect legal 
commercial activity, but merely impose limitations on certain 
recreational activities on certain public lands to protect natural 
resources and human health and safety.

National Environmental Policy Act

    The final supplementary rules were analyzed in and will implement 
key decisions in the March 12, 2013, Killpecker Sand Dunes Recreation 
Site Facility Improvement Environmental Assessment (WY-040-EA13-098) 
Decision Record. This decision record is in compliance with the actions 
identified for this area in the 2006 Record of Decision and Jack Morrow 
Hills Coordinated Activity Plan/Green River Resource Management Plan 
Amendment.

Regulatory Flexibility Act

    Congress enacted the Regulatory Flexibility Act of 1980 (RFA), as 
amended, 5 U.S.C. 601-612, to ensure that government regulations do not 
unnecessarily or disproportionately burden small entities. The RFA 
requires a regulatory flexibility analysis if rules would have a 
significant economic impact, either detrimental or beneficial, on a 
substantial number of small entities. The final supplementary rules do 
not pertain specifically to commercial or governmental entities of any 
size, but contain rules to protect the health and safety of 
individuals, property, and resources on the public lands. Therefore, 
the BLM has determined under the RFA that these final supplementary 
rules will not have a significant economic impact on a substantial 
number of small entities.

Small Business Regulatory Enforcement Fairness Act

    These final supplementary rules do not constitute a ``major rule'' 
as defined at 5 U.S.C. 804(2). These final supplementary rules merely 
impose reasonable restrictions on certain recreational activities on 
certain public lands to protect natural resources and human health and 
safety. The final supplementary rules have no effect on business, 
commercial, or industrial use of the public lands.

Unfunded Mandates Reform Act

    These final supplementary rules do not impose an unfunded mandate 
on state, local, or tribal governments or the private sector of more 
than $100 million per year; nor do these final supplementary rules have 
a significant or unique effect on state, local, or tribal governments 
or the private sector. The final supplementary rules do not require 
anything of state, local, or tribal governments. The final 
supplementary rules merely impose reasonable restrictions on certain 
recreational activities on certain public lands to protect natural 
resources and the environment and human health and safety. Therefore, 
the BLM is not required to prepare a statement containing the 
information required by the Unfunded Mandates Reform Act (2 U.S.C. 
1501-1571).

[[Page 37639]]

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

    The final supplementary rules do not constitute a government action 
capable of interfering with constitutionally protected property rights. 
The final supplementary rules do not address property rights in any 
form and do not cause the impairment of constitutionally protected 
property rights. Therefore, the BLM has determined that the final 
supplementary rules will not cause a taking of private property or 
require further discussion of takings implications under this Executive 
Order.

Executive Order 13132, Federalism

    The final supplementary rules will not have a substantial direct 
effect on the states, on the relationship between the national 
government and the states, or on the distribution of power and 
responsibilities among the various levels of government. The final 
supplementary rules apply only in Wyoming and do not address 
jurisdictional issues involving the Wyoming State government. 
Therefore, in accordance with Executive Order 13132, the BLM has 
determined that these final supplementary rules do not have sufficient 
Federalism implications to warrant preparation of a Federalism 
Assessment.

Executive Order 12988, Civil Justice Reform

    Under Executive Order 12988, the BLM Wyoming State Director has 
determined that these final supplementary rules will not unduly burden 
the judicial system and that they meet the requirements of sections 
3(a) and 3(b)(2) of the Order.

Executive Order 13175, Consultation and Coordination With Indian Tribal 
Governments

    In accordance with Executive Order 13175, the BLM has found that 
these final supplementary rules do not include policies that have 
tribal implications and will have no bearing on trust lands or on lands 
for which title is held in fee status by Indian tribes or U.S. 
Government owned lands managed by the Bureau of Indian Affairs.

Executive Order 13352, Facilitation of Cooperative Conservation

    In accordance with Executive Order 13352, the BLM has determined 
that the final supplementary rules will not impede facilitating 
cooperative conservation; will take appropriate account of and consider 
the interests of persons with ownership or other legally recognized 
interests in land or other natural resources; will properly accommodate 
local participation in the Federal decision-making process; and will 
provide that the programs, projects, and activities are consistent with 
protecting public health and safety.

Information Quality Act

    In developing these final supplementary rules, the BLM did not 
conduct or use a study, experiment, or survey requiring peer review 
under the Information Quality Act (Section 515 of Pub. L. 106-554).

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

    These final supplementary rules do not comprise a significant 
energy action. The rules will not have an adverse effect on energy 
supply, production, or consumption and have no connection with energy 
policy.

Paperwork Reduction Act

    These final supplementary rules do not contain information 
collection requirements that the Office of Management and Budget must 
approve under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3521.

Author

    The principal author of these supplementary rules is Georgia 
Foster, Outdoor Recreation Planner, BLM Wyoming, High Desert District, 
RSFO, Rock Springs, Wyoming.

IV. Final Supplementary Rules

Definitions

    Off-Highway Vehicle (OHV) means any motorized vehicle capable of, 
or designed for, travel on or immediately over land, water, or other 
natural terrain.
    Vehicle means any motorized transportation conveyance designed and 
licensed for use on roadways, such as an automobile, bus, or truck, and 
any motorized conveyance originally equipped with safety belts. This 
includes two-wheeled motorcycles.

Prohibited Acts

    1. You must not operate any vehicle or OHV within the Killpecker 
Sand Dunes Recreation Site without an appropriate safety flag. All 
vehicles and OHVs must be equipped with a whip mast and a 6 inch x 12 
inch red or orange flag. A whip mast is any pole, rod, or antenna 
mounted on the vehicle that extends at least eight feet from the 
surface of the ground to the mast tip. It must stand upright when the 
vehicle is stationary. Masts must be securely mounted on the vehicle. 
Safety flags must be attached within 10 inches of the tip of the whip 
mast with other flags mounted below the safety flag or on another whip. 
Flags may be of pennant, triangle, square, or rectangular shape.
    2. You must not operate a vehicle or OHV in excess of 15 miles per 
hour on public lands within 500 feet of access roads within the 
Killpecker Sand Dunes Recreation Site.
    3. You must not possess or use any glass container within the 
Killpecker Sand Dunes Recreation Site.

Exemptions

    The following persons are exempt from these supplementary rules: 
Any Federal, State, local, and/or military employees acting within the 
scope of their official duties; members of any organized rescue or 
firefighting forces acting within the scope of their official duties; 
and persons who are expressly authorized or otherwise officially 
approved by the BLM.

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 Wyoming 
law.

Mary Jo Rugwell,
BLM Wyoming State Director.
[FR Doc. 2016-13757 Filed 6-9-16; 8:45 am]
 BILLING CODE 4310-22-P