Notice of Proposed Supplementary Rules for Travel Management Limitations on Public Lands in Fremont County, Wyoming, 62533-62535 [2016-21777]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Land Management

[Federal Register Volume 81, Number 175 (Friday, September 9, 2016)]
[Notices]
[Pages 62533-62535]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21777]


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

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLWYRO5000. L16100000. DX0000]


Notice of Proposed Supplementary Rules for Travel Management 
Limitations on Public Lands in Fremont County, Wyoming

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of proposed supplementary rules.

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

SUMMARY: The Bureau of Land Management (BLM) is proposing supplementary 
rules for public lands included in the Lander Approved Resource 
Management Plan and Record of Decision (Lander RMP) dated June 26, 
2014. The proposed rules would implement decisions found in the Lander 
RMP relating to the use of motorized and non-motorized vehicles.

DATES: Comments on the proposed supplementary rules must be received or 
postmarked by November 8, 2016 to be assured of consideration. Comments 
received, postmarked, or electronically dated after that date will not 
necessarily be considered in the development of final supplementary 
rules.

ADDRESSES: Please mail or hand deliver all comments concerning the 
proposed supplementary rules to Kristin Yannone, Planner, BLM Lander 
Field Office, 1335 Main Street, Lander, WY 82520.

FOR FURTHER INFORMATION CONTACT: 
     Visit www.blm.gov/wy/st/en/field_offices/Lander/implementation.html;
     Send an email to blm_wy_lrmp_wymail@blm.gov; or
     Contact Kristin Yannone, Planner, either by mail at the 
BLM Lander Field Office, 1335 Main Street, Lander, WY 82520 or by phone 
at 307-332-8400.
    Persons who use a telecommunications device for the deaf may call 
the Federal Information Relay Service (FIRS) at 800-877-8339 to contact 
Ms. Yannone. The FIRS is available 24 hours a day, seven days a week. 
You will receive a reply during normal business hours.

SUPPLEMENTARY INFORMATION: The public is invited to provide comments on 
these proposed supplementary rules. See DATES and ADDRESSES for 
information on submitting comments. Written comments on the proposed 
supplementary rules should be specific, confined to issues pertinent to 
the proposed supplementary rules and explain the reason for any 
recommended change. Comments requesting changes to decisions in the 
Lander RMP are outside the scope of this rulemaking.
    Where possible, comments should reference a specific provision of 
these proposed supplementary rules. The BLM need not consider or 
include in the administrative record: (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 that listed above (see 
ADDRESSES).
    Comments, including names, street addresses, and other contact 
information of respondents, will be available for public review at the 
BLM Lander Field Office during regular business hours, 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 in your comment to withhold 
from public review your personal identifying information, we cannot 
guarantee that we will be able to do so.

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 regulation allows the BLM to issue rules of less than 
national effect without codifying the rules in the Code of Federal 
Regulations.

Discussion of the Supplementary Rules

    The Lander RMP identified areas as closed to motorized and/or 
mechanized travel and areas limited to designated routes and seasonal 
travel. The Lander RMP process included a Federal Register Notice of 
Intent to Prepare an Environmental Impact Statement and Land Use Plan 
Amendment dated February 13, 2007 (72 FR 6740), a

[[Page 62534]]

Notice of Availability of the Draft Environmental Impact Statement 
dated September 9, 2011 (76 FR 55939), and a Notice of Availability of 
the Final Environmental Impact Statement dated February 22, 2013 (78 FR 
12347). All of these documents are available at: https://www.blm.gov/wy/st/en/programs/Planning/rmps/lander/docs.html.
    The proposed supplementary rules are consistent with the decision 
record for the Lander RMP. These proposed supplementary rules would 
assist in the BLM's implementation of the Lander RMP's travel 
management decisions by restricting travel activities in the manner and 
areas identified in the Lander RMP. They would prohibit travel, and 
operation or possession of a mechanized or motorized vehicle, in areas 
designated as closed in the Lander RMP. Exemptions from the proposed 
supplementary rules would include vehicles used for handicapped 
accessibility, vehicles used by disabled hunters and their companions 
possessing the pertinent State permit, and areas with limited travel 
designations.

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. For public safety 
and resource protection reasons, they merely impose rules on travel in 
a limited area of public lands. The 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 proposed 
supplementary rules would 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 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?
    (5) Is the description of the proposed supplementary rules in the 
SUPPLEMENTARY 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

    As documented in the Record of Decision for the Lander RMP, the 
Lander RMP process included opportunities for public comment in a 
Federal Register Notice of Intent to Prepare an Environmental Impact 
Statement and Land Use Plan Amendment dated February 13, 2007 (72 FR 
6740), a Notice of Availability of the Draft Environmental Impact 
Statement dated September 9, 2011 (76 FR 55939), and a Notice of 
Availability of the Final Environmental Impact Statement dated February 
22, 2013 (78 FR 12347). All of these documents are available at: https://www.blm.gov/wy/st/en/programs/Planning/rmps/lander/docs.html.

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 
travel on 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). The proposed supplementary rules 
merely contain rules of conduct for travel on or across certain public 
lands. The proposed supplementary rules would not affect business, 
commercial, or industrial use of the public lands.

Unfunded Mandates Reform Act

    The 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)

    The proposed supplementary rules are not a Government action 
capable of interfering with constitutionally protected property rights. 
The 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

    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. The proposed 
supplementary rules apply on a limited area of land in only one State, 
Wyoming. Therefore, the BLM has determined that the proposed 
supplementary rules do not have sufficient Federalism implications to

[[Page 62535]]

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 the requirements of sections 3(a) and 3(b)(2) of the 
Order are met. The proposed supplementary rules would merely regulate 
travel on or across 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. The proposed supplementary rules do not affect 
lands held for the benefit of Indians, Aleuts, or Eskimos.

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. The supplementary rules would not have an adverse effect 
on energy supplies, production, or consumption. They only address 
travel on or across 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 Kristin 
Yannone, Planner, at the BLM Lander Field Office,
    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 Wyoming 
Acting State Director, Bureau of Land Management, proposes to issue 
these supplementary rules for public lands managed by the BLM Field 
Office in Lander, Wyoming, to read as follows:

Supplementary Rules

Definitions

    Area designated as closed means an area in which travel or a type 
of travel is prohibited year-round.
    Designated travel routes means roads and trails open to specified 
modes of travel and identified on: (1) A BLM sign or (2) a map of 
designated roads and trails that is maintained and available for public 
inspection at the BLM Lander Field Office, Wyoming. Designated travel 
routes are open to public use in accordance with such limits and 
restrictions as are specified in the 2014 Lander RMP, in future 
decisions implementing the 2014 Lander RMP, or in these supplementary 
rules. This definition excludes any road or trail that is subject to 
BLM prohibitions that prevent use of the road or trail.
    Mechanized vehicle means a mode of transportation, such as a 
bicycle, that is not powered by a motor.
    Motorized vehicle means a motor- or engine-powered device, such as 
a car, truck, off-highway vehicle, motorcycle, or snowmobile, upon 
which a person or persons may ride on land.

Prohibited Acts

    1. You must not operate or possess a mechanized or motorized 
vehicle in an area designated as closed by the 2014 Lander RMP and 
marked as such by a BLM sign or map.
    2. You must not travel on or across BLM lands within the Lander 
Field Office designated as closed to all travel by the 2014 Lander RMP 
and marked as such by a BLM sign or map.
    3. You must not operate or possess a mechanized or motorized 
vehicle except within designated travel routes identified for such use 
by the 2014 Lander RMP or a subsequent travel management plan 
implementing the 2014 Lander RMP, and as marked by a BLM sign or map.

Exemptions

    These supplementary rules do not apply to:
     Emergency, law enforcement, and Federal or other 
government vehicles while being used for official or emergency 
purposes, or to any other vehicle that is expressly authorized or 
otherwise officially approved by the BLM;
     Areas, as identified on a BLM sign or map, with limited 
travel designations, including but not limited to: The time or season 
of travel, numbers or types of conveyances, permits or licenses, use of 
existing roads and trails, and use of designated roads and trails;
     Motorized or non-motorized wheelchairs or other types of 
equipment used for handicapped accessibility; and
     Motorized or mechanized vehicles used by individuals 
possessing a valid disabled-hunter permit or disabled-hunter companion 
permit from the Wyoming Game and Fish Department in all areas except 
those closed to motorized travel.

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 8305.1-7, State 
or local officials may also impose penalties for violations of Wyoming 
law.

Mary Jo Rugwell,
Bureau of Land Management, Wyoming State Director.
[FR Doc. 2016-21777 Filed 9-8-16; 8:45 am]
 BILLING CODE 4310-22-P