Notice of Proposed Supplementary Rules for Public Lands in Colorado, 69019-69023 [2016-21934]
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Federal Register / Vol. 81, No. 193 / Wednesday, October 5, 2016 / Proposed Rules
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individuals who are unable to purchase
insurance in the voluntary market.
HUD declines to categorically exempt
FAIR plans from discriminatory effects
liability under the Act. To do so,
without any consideration of the
particular insurance practice or state
requirements at issue, would be
inconsistent with the broad remedial
purpose of the Act and HUD’s obligation
to affirmatively further fair housing.
Like state regulation of voluntary market
insurance practices, state laws
governing the provision and pricing of
FAIR plans vary across jurisdictions.
Variations in state regulation of FAIR
plans include the types of coverage
provided by such plans,94 the amount of
coverage allowed under such plans,95
and the conditions under which an
individual or property will qualify for
such plans.96 Additionally, even within
a given state, FAIR plan regulations are
subject to revision over time.
Given such variation and
changeability, exempting all FAIR plans
from application of the discriminatory
effects standard would be overbroad and
would deprive individuals of the
protections afforded by the Fair Housing
Act. Indeed, one state court has held
‘‘the disparate impact approach does not
interfere with the Ohio FAIR Plan.’’ 97 In
light of this demonstrated compatibility,
and because insurers retain some
discretion in the operation of FAIR
plans,98 HUD determines that case-bycase adjudication is preferable to the
requested exemption of FAIR plans.
94 Compare, e.g., Conn. Agencies Regs. 38a–328–
3(c) (defining ‘‘basic insurance’’ for purposes of the
Connecticut FAIR plan to include liability coverage
for any dwelling of up to three families) with Mass.
Gen. Laws ch. 175c, § 1 (defining ‘‘basic property
insurance’’ for purposes of the Massachusetts FAIR
plan to include liability coverage for only nonowner occupied dwellings of up to four families)
and 98–08 Wash. Reg. 4 (April 15, 1998) (excluding
liability coverage from the definition of ‘‘essential
property insurance’’ for purposes of the Washington
FAIR plan).
95 Compare, e.g., Mo. Rev. Stat. 379.825 (limiting
maximum insurance coverage for a dwelling under
the Missouri FAIR plan to $200,000) with 98–08
Wash. Reg. 5 (April 15, 1998) (limiting maximum
insurance coverage for a dwelling under the
Washington FAIR plan to $1.5 million).
96 Compare, e.g., Ohio Rev. Cod. Ann. 3929.44(D)
(requiring applicant to certify that two insurance
companies declined to provide coverage for
purposes of FAIR plan eligibility) with 215 Ill.
Comp. Stat. 5/524(1) (restricting FAIR plan
eligibility to applicants who have been declined
insurance coverage by three companies).
97 Toledo, 94 Ohio Misc. 2d at 157.
98 See, e.g., Cal. Ins. Code 10094 (leaving
discretion to governing committee of participating
insurers to establish ‘‘reasonable underwriting
standards’’ for determining whether a property for
which FAIR plan coverage is sought is insurable);
215 Ill. Comp. Stat. 5/524(1) (same); Ohio Rev.
Code. Ann. 3929.43(C) (same).
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Dated: September 23, 2016.
Gustavo Velasquez,
Assistant Secretary for Fair Housing and
Equal Opportunity.
[FR Doc. 2016–23858 Filed 10–4–16; 8:45 am]
BILLING CODE 4210–67–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2016–0489; FRL–9953–63–
Region 4]
Air Plan Approval; Georgia: Volatile
Organic Compounds
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
portions of two revisions to the Georgia
State Implementation Plan submitted by
the Georgia Department of
Environmental Protection on July 25,
2014, and November 1, 2015. These
revisions modify the definition of
‘‘volatile organic compounds’’ (VOC).
Specifically, these revisions add two
compounds to the list of those excluded
from the VOC definition on the basis
that these compounds make a negligible
contribution to tropospheric ozone
formation. This action is being taken
pursuant to the Clean Air Act.
DATES: Written comments must be
received on or before November 4, 2016.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2016–0489 at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
EPA may publish any comment received
to its public docket. Do not submit
electronically any information you
consider to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. EPA will generally
not consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
SUMMARY:
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https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Sean Lakeman, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. Mr.
Lakeman can be reached by phone at
(404) 562–9043 or via electronic mail at
lakeman.sean@epa.gov.
SUPPLEMENTARY INFORMATION: In the
Final Rules Section of this Federal
Register, EPA is approving the State’s
implementation plan revision as a direct
final rule without prior proposal
because the Agency views this as a
noncontroversial submittal and
anticipates no adverse comments. A
detailed rationale for the approval is set
forth in the direct final rule. If no
adverse comments are received in
response to this rule, no further activity
is contemplated. If EPA receives adverse
comments, the direct final rule will be
withdrawn and all public comments
received will be addressed in a
subsequent final rule based on this
proposed rule. EPA will not institute a
second comment period on this
document. Any parties interested in
commenting on this document should
do so at this time.
Dated: September 23, 2016.
V. Anne Heard,
Acting Regional Administrator, Region 4.
[FR Doc. 2016–23971 Filed 10–4–16; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 8360
[LLCO913000.L16300000.NU0000.16X]
Notice of Proposed Supplementary
Rules for Public Lands in Colorado
Bureau of Land Management,
Interior.
ACTION: Proposed supplementary rules.
AGENCY:
The Bureau of Land
Management (BLM) is proposing
supplementary rules to protect natural
resources and provide for public health
and safety. The proposed
supplementary rules would apply to all
public lands and BLM facilities in
Colorado.
DATES: You should submit your
comments by December 5, 2016.
ADDRESSES: You may submit comments
by the following methods: Mail or hand
SUMMARY:
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Federal Register / Vol. 81, No. 193 / Wednesday, October 5, 2016 / Proposed Rules
deliver to John Bierk, State Chief
Ranger, BLM Colorado State Office,
2850 Youngfield Street, Lakewood, CO
80215. You may also submit comments
via email to jbierk@blm.gov (include
‘‘Proposed Supplementary Rules’’ in the
subject line).
FOR FURTHER INFORMATION CONTACT: John
Bierk, State Chief Ranger (see
ADDRESSES listed above), or by phone at
(303) 239–3893. Persons who use a
telecommunications device for the deaf
may call the Federal Information Relay
Service (FIRS) at (800) 877–8339 to
contact the above individual during
normal business hours. The FIRS is
available 24 hours a day, seven days a
week, to leave a message or question
with the above individual. You will
receive a reply during normal business
hours.
SUPPLEMENTARY INFORMATION:
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I. Public Comment Procedures
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. Where possible,
comments should reference the specific
section or paragraph of the proposed
supplementary rules that the comments
are 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 the
one listed above (see ADDRESSES) or 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 of
respondents, will be available for public
review at the address listed above
during regular business hours (7:30 a.m.
to 4:30 p.m. Monday through Friday,
except on Federal 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.
II. Background
The BLM Colorado State Office has
issued various statewide supplementary
rules to protect natural resources and
provide for public health and safety
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since 1990. Individual BLM field offices
have also issued various supplementary
rules for travel management, protection
of natural resources, and public health
and safety since 1995. Although these
supplementary rules have addressed a
wide variety of natural resource and
public health and safety concerns,
evolving social trends and recreational
uses of public land have necessitated
additional statewide supplementary
rules.
III. Discussion of the Proposed
Supplementary Rules
These proposed supplementary rules
would apply to all public lands and
BLM facilities in Colorado. Proposed
supplementary rule numbers 1–11
would address general public conduct
on public lands and at BLM facilities.
Many of these proposed supplementary
rules were intentionally written using
language found in Title 18 of the
Colorado Revised Statutes.
Proposed supplementary rule
numbers 12–16 would address resource
damage and public safety concerns
involving the use of exploding targets,
flammable devices, and target shooting.
The BLM consulted with the Shooting
Sports Roundtable during the drafting of
the proposed supplementary rules. The
Shooting Sports Roundtable requested
that the proposed rules be clear,
specific, and enforceable, and asked the
BLM to provide a comprehensive
outreach effort prior to enforcement.
The BLM incorporated most of the
recommendations from the Shooting
Sports Roundtable into the proposed
supplementary rules and is planning to
issue press releases, post the new
supplementary rules on the BLM State
and Field Office Web sites, and will
have BLM Law Enforcement Rangers
conduct public education activities.
The BLM must consider risks to
public safety and natural resources in
light of increasing fire danger and
development in the wildland urban
interface. The USFS reported at least 16
wildfires were associated with
exploding targets in 2013, causing
millions of dollars in fire suppression
costs and threatening the safety and
well-being of surrounding communities.
The USFS subsequently issued an order
banning exploding targets in forests and
grasslands in Colorado, Wyoming,
Kansas, Nebraska, and South Dakota in
August 2013. Accordingly, the BLM
believes that the proposed
supplementary rules regarding
exploding targets are warranted.
Proposed supplementary rule
numbers 17–19 clarify existing Federal
regulations found in 43 CFR 9264.1(h)
relating to vehicles, game animals,
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boating, and outfitters. Proposed
supplementary rule number 20 would
address mechanized vehicle use within
Wilderness Study Areas (WSA) off of a
designated route. Until Congress makes
a final determination on a WSA, the
BLM manages these areas to preserve
their suitability for designation as
wilderness. Existing regulations in 43
CFR 8341.1 limit off-road vehicles to
designated routes of travel, but this part
does not apply to non-motorized
vehicles. Existing regulations in 43 CFR
6302.20(d) restrict the use of mechanical
transport in a congressionally
designated Wilderness Area, but do not
apply to WSAs. Proposed
supplementary rule number 20 affirms
that the use of mechanical transport is
generally prohibited in WSAs,
consistent with Resource Management
Plan decisions.
Proposed supplementary rule number
21 would address the burning of wood
or wood pallets containing nails or
staples on public land. Campsites in
popular areas on public land are used
repeatedly throughout the spring,
summer, and fall. As use increases, the
availability of firewood decreases,
leading more campers to bring
construction debris or wood pallets
containing nails or staples to use as
firewood. The nails and staples
inadvertently end up in campfire ash
left at the campsite. In an effort to return
campsites to a more primitive condition,
many campers scatter ashes and rock
rings before leaving their campsite. The
nails or staples end up on the ground
surface, causing flat tires. Proposed
supplementary rule number 21 would
reduce the risk of tire damage and
personal injury from discarded nails
and/or staples in popular camping
areas.
The proposed supplementary rules
are in conformance with the following
Resource Management Plans (RMPs):
• Uncompahgre Basin RMP (1989);
• San Luis Resource Area RMP
(1991);
• Gunnison RMP (1993);
• Royal Gorge RMP (1996);
• Colorado Canyons National
Conservation Area and Black Ridge
Canyons Wilderness RMP (2004);
• Little Snake RMP (2010);
• Canyons of the Ancients National
Monument RMP (2010);
• Tres Rios RMP (2015);
• Colorado River Valley RMP (2015);
• Kremmling RMP (2015);
• White River RMP (2015); and
• Grand Junction RMP (2015).
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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. They would not
have an annual effect of $100 million or
more on the economy. They 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. They
would not create a serious inconsistency
or otherwise interfere with an action
taken or planned by another agency.
They would not materially alter the
budgetary effects of entitlements, grants,
user fees, loan programs, or the rights or
obligations of their recipients, nor
would they raise novel legal or policy
issues. The proposed supplementary
rules would merely establish rules of
conduct for public use of a limited area
of public lands.
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National Environmental Policy Act
(NEPA)
The BLM has found that the proposed
supplementary rules comprise a
category or kind of action that has no
significant individual or cumulative
effect on the quality of the human
environment. See 40 CFR 1508.4; 43
CFR 46.210. Specifically, the
promulgation of the proposed
supplementary rules is an action that is
of an administrative, financial, legal,
technical, or procedural nature within
the meaning of 43 CFR 46.210(i).
Therefore, the proposed action is
categorically excluded from further
documentation under NEPA in
accordance with 43 CFR 46.205(b) and
46.210(i). BLM has reviewed the
proposed action and none of the
extraordinary circumstances listed at 43
CFR 46.215 are applicable. The NEPA
Categorical Exclusion (CX)
documentation is on file at the Colorado
State Office under NEPA No. DOI–
BLM–CO–0000–2015–0002–CX.
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 a rule
would have a significant economic
impact, either detrimental or beneficial,
on a substantial number of small
entities. These proposed supplementary
rules would have no effect on business
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entities of any size. They would 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 has
determined under the RFA that these
supplementary rules would not have a
significant economic impact on a
substantial number of small entities.
various levels of government. Therefore,
in accordance with Executive Order
13132, the BLM has determined that
these proposed supplementary rules
would not have sufficient Federalism
implications to warrant preparation of a
Federalism Assessment.
Small Business Regulatory Enforcement
Fairness Act
These proposed supplementary rules
are not a ‘‘major rule’’ as defined under
5 U.S.C. 804(2). Proposed supplemental
rule number 12 would restrict the
possession, discharge, or use of
exploding targets on public land in
Colorado. Limiting the use of exploding
targets on public land in Colorado
would not have a significant effect on
commercial sale of these targets.
Under Executive Order 12988, the
BLM has determined that these
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.
Unfunded Mandates Reform Act
These proposed supplementary rules
would not impose an unfunded
mandate on State, local, or tribal
governments of more than $100 million
per year; nor would they have a
significant or unique effect on small
governments or the private sector. The
proposed supplementary rules would
merely impose reasonable rules of
conduct on public lands in Colorado to
protect natural resources and public
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. 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 would not address
property rights in any form and would
not cause the impairment of
constitutionally protected 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
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Executive Order 12988, Civil Justice
Reform
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, and would 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.
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 (Section 515 of
Pub. L. 106–554).
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 proposed supplementary
rules would not have an adverse effect
on energy supply, production, or
consumption, and have no connection
with energy policy.
Executive Order 13352, Facilitation of
Cooperative Conservation
In accordance with Executive Order
13352, the BLM has determined that the
proposed supplementary rules would
not impede facilitating cooperative
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; would properly
accommodate local participation in the
Federal decision-making process; and
would provide that the programs,
projects, and activities are consistent
with protecting public health and safety.
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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 of
1995, 44 U.S.C. 3501–3521.
Author
The principal author of these
proposed supplementary rules is John
Bierk, State Chief Ranger, BLM Colorado
State Office.
V. Proposed Rules
For the reasons stated in the
preamble, and under the authority of 43
U.S.C. 315a, 1733(a), and 1740, and 43
CFR 8365.1–6, the State Director
proposes supplementary rules for public
lands and BLM facilities in Colorado, to
read as follows:
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Supplementary Rules for Public Lands
in Colorado
Definitions
Alcoholic beverage means a beverage
as defined in 23 CFR 1270.3 (a).
BLM facility means any BLM office,
storage yard, warehouse, or building
owned or leased by the BLM directly or
through the General Services
Administration.
Camp means erecting a tent or shelter
of natural or synthetic material;
preparing a sleeping bag or other
bedding material; parking a motor
vehicle, motor home, or trailer; or
mooring a vessel for the apparent
purpose of overnight occupancy.
Demonstrations means public
protests, assemblies, picketing,
speechmaking, parades, marching,
placement of signs or banners, holding
vigils or religious services, and all other
like forms of conduct that involve the
communication or expression of views
or grievances, engaged in by one or
more persons, the conduct of which is
reasonably likely to attract a crowd or
onlookers. The term does not include
casual use of public lands or BLM
facilities in Colorado that is not
reasonably likely to attract a crowd or
onlookers.
Designated travel routes means roads
and trails open to specified modes of
travel and identified on a map of
designated roads and trails that is
maintained and available for public
inspection at the BLM. Designated roads
and trails are open to public use in
accordance with such limits and
restrictions as are, or may be, specified
in the Resource Management Plan
(RMP) or travel management plan
governing applicable public lands and
BLM facilities in Colorado, or in future
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decisions implementing the RMP. This
definition excludes any road or trail
with BLM-authorized restrictions that
prevent use of the road or trail.
Restrictions may include signs or
physical barriers such as gates, fences,
posts, branches, or rocks.
Disorderly conduct means to
intentionally, knowingly, or recklessly:
(a) Make a coarse and obviously
offensive utterance, gesture, or display
in a public place when the utterance,
gesture, or display tends to incite an
immediate breach of the peace;
(b) Make unreasonable noise in a
public place or near a private residence
that he or she has no right to occupy;
(c) Fight with another in a public
place except in an amateur or
professional contest of athletic skill;
(c) Discharge a firearm or other
projectile shooting device in a public
place except when engaged in lawful
target practice or hunting; or (d) Display
a deadly weapon, display any article
used or fashioned in a manner to cause
a person to reasonably believe that the
article is a deadly weapon, or represent
verbally or otherwise that he or she is
armed with a deadly weapon in a public
place in a manner calculated to alarm.
Existing travel routes means
immediately recognizable motor vehicle
travel routes or two-track trails that are
not identified as closed to motorized
vehicle use by a BLM sign or map.
Federal Officer means any delegated
Federal law enforcement officer.
Firearm or Other Projectile Shooting
Device 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.
Indecent exposure means to
knowingly:
(a) expose a person’s genitals to the
view of any person under circumstances
in which such conduct is likely to cause
affront or alarm to the other person with
the intent to arouse or to satisfy the
sexual desire of any person; or
(b) perform an act of masturbation in
a manner which exposes the act to the
view of any person under circumstances
in which such conduct is likely to cause
affront or alarm to the other person.
Intimate parts mean the external
genitalia or the perineum or the anus or
the buttocks or the pubes or the breast
of any person.
Mechanized vehicle means a humanpowered mechanical device or
contrivance for moving people or
material in or over land, water, snow, or
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air that has moving parts, including, but
not limited to, bicycles, game carriers,
carts, and wagons, not powered by a
motor. The term does not include
wheelchairs, skis, or snowshoes.
Motorized vehicle means a vehicle
that is propelled by a motor or engine,
such as a car, truck, off-highway
vehicle, motorcycle, or snowmobile.
Open alcoholic beverage container
means a bottle, can, or other receptacle
that contains any amount of alcoholic
beverage and:
(a) That is open or has a broken seal;
or
(b) The contents of which are partially
removed.
Passenger area means the area
designed to seat the driver and
passengers while a motor vehicle is in
operation and any area that is readily
accessible to the driver or a passenger
while in his or her seating position,
including, but not limited to, the glove
compartment.
Public indecency means to perform
any of the following acts in a public
place or where the conduct may
reasonably be expected to be viewed by
members of the public:
(a) An act of sexual intercourse;
(b) A lewd exposure of an intimate
part of the body, not including the
genitals, done with intent to arouse or
to satisfy the sexual desire of any
person;
(c) A lewd fondling or caress of the
body of another person; or
(d) A knowing exposure of the
person’s genitals to the view of a person
under circumstances in which such
conduct is likely to cause affront or
alarm to the other person.
Public land means any land or
interest in land owned by the United
States and administered by the
Secretary of the Interior through the
BLM without regard to how the United
States acquired ownership.
Public place means a place to which
the public has access.
Riot means a public disturbance
involving an assemblage of three or
more persons which by tumultuous and
violent conduct creates grave danger of
damage or injury to property or persons
or substantially obstructs the
performance of any governmental
function.
Wheelchair means a device designed
solely for use by a mobility-impaired
person for locomotion that is suitable
for use in an indoor pedestrian area.
Prohibited Acts on Public Lands and
BLM Facilities in Colorado
1. You must not engage in disorderly
conduct.
2. You must not engage in actions or
behaviors that are intended to prevent
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Federal Register / Vol. 81, No. 193 / Wednesday, October 5, 2016 / Proposed Rules
or disrupt any lawful BLM meeting,
procession, or gathering; or significantly
obstruct or interfere with said meeting,
procession, or gathering by physical
action, verbal utterance, or any other
means.
3. You must not willfully deny any
member of the public, public official,
BLM employee, volunteer, invitee, or
agent thereof, their lawful rights to gain
access to, enter, use, or leave a BLM
facility.
4. You must not willfully impede any
public official, BLM employee, or
volunteer in the lawful performance of
duties or activities through the use of
restraint, abduction, coercion, or
intimidation, or by force and violence or
threat thereof.
5. You must not willfully refuse or fail
to leave a BLM facility upon being
requested to do so by a Federal Officer,
Field Office Manager, Acting Manager,
or privately contracted security officer
assigned to the facility if you have
willfully committed, are committing,
threaten to commit, or are inciting
others to commit any act which did, or
would, if completed, disrupt, impair,
interfere with, or obstruct the lawful
missions, processes, procedures, or
functions being carried on in the BLM
facility.
6. You must not willfully impede,
disrupt, or hinder the normal
proceedings of any BLM meeting or
session conducted by any public
official, BLM employee, volunteer,
invitee, or agent thereof by any act of
intrusion into the chamber or other
areas designated for use of the body or
official conducting the meeting or
session or by any act designed to
intimidate, coerce, or hinder any public
official, BLM employee, volunteer,
invitee, or agent thereof.
7. You must not conduct, participate
in, or engage in demonstrations outside
of designated demonstration areas when
BLM has established such areas. BLM
will establish designated demonstration
areas only where it finds, in writing,
that demonstrations would: (i) Cause
injury or damage to public lands or BLM
facilities in Colorado; (ii) unreasonably
impair the atmosphere of peace and
tranquility maintained in wilderness,
natural, or historic areas; (iii)
unreasonably interfere with interpretive,
visitor service, or other program
activities, or with the administrative
activities of BLM; (iv) substantially
impair the operation of public use
facilities or services; (v) present a clear
and present danger to the public health
and safety; or (vi) be incompatible with
the nature and traditional use of the
particular area of public land or BLM
facility involved.
VerDate Sep<11>2014
18:25 Oct 04, 2016
Jkt 241001
8. You must not remain or camp at
any BLM facility past the normal
business hours posted on the facility,
unless otherwise authorized.
9. You must not incite or urge a group
of five or more persons to engage in a
current or impending riot or give
commands, instructions, or signals to a
group of five or more persons in
furtherance of a riot.
10. You must not engage in a riot.
11. You must not engage in public
indecency or indecent exposure.
12. You must not possess, discharge,
or use explosives, incendiary or
chemical devices, or exploding targets
without prior authorization.
13. You must not engage in rifle or
pistol target shooting activities unless
they are conducted towards and into a
backstop of material that prevents
further travel beyond the intended target
and/or ricochet of the bullet or
projectile.
14. You must not rifle or pistol target
shoot at materials other than paper,
plastic, or steel targets manufactured for
shooting sports or biodegradable clay
pigeons.
15. You must not leave targets, target
debris (except pieces of biodegradable
clay pigeons), cartridge ‘‘brass,’’ or shell
casings at any shooting area.
16. You must not possess, discharge,
or use flammable devices including, but
not limited to, gasoline bombs
commonly referred to as ‘‘Sobe Bombs’’
or flammable projectiles discharged
from a launching tube or other device.
17. You must not drink an alcoholic
beverage or possess an open alcoholic
beverage container while in the
passenger area of a motorized vehicle.
18. You must not tow or be in
possession of a trailer requiring
registration under Colorado Revised
Statutes that is either unregistered or
has expired registration.
19. You must not violate any Colorado
Revised Statute regarding hunting,
fishing, boating, or outfitters.
20. You must not operate a
mechanized vehicle within a designated
Wilderness Study Area except on travel
routes identified for such use by a BLM
sign or map.
21. You must not burn wood or wood
pallets containing nails or staples.
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 fire fighting force
performing an official duty; and persons
who are expressly authorized or
approved by the BLM.
PO 00000
Frm 00015
Fmt 4702
Sfmt 4702
69023
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 for 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 Colorado law.
Ruth Welch,
BLM Colorado State Director.
[FR Doc. 2016–21934 Filed 10–4–16; 8:45 am]
BILLING CODE 4310–JB–P
SURFACE TRANSPORTATION BOARD
49 CFR Part 1152
[Docket No. EP 729]
Offers of Financial Assistance
Surface Transportation Board.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Surface Transportation
Board (Board) is proposing changes to
its rules pertaining to Offers of Financial
Assistance to improve the process and
protect it against abuse.
DATES: Comments are due by December
5, 2016. Reply comments are due by
January 3, 2017.
ADDRESSES: Comments and replies may
be submitted either via the Board’s efiling format or in the traditional paper
format. Any person using e-filing should
attach a document and otherwise
comply with the instructions at the ‘‘E–
FILING’’ link on the Board’s Web site,
at ‘‘https://www.stb.gov.’’ Any person
submitting a filing in the traditional
paper format should send an original
and 10 copies to: Surface Transportation
Board, Attn: Docket No. EP 729, 395 E
Street SW., Washington, DC 20423–
0001. Copies of written comments and
replies will be available for viewing and
self-copying at the Board’s Public
Docket Room, Room 131, and will be
posted to the Board’s Web site.
FOR FURTHER INFORMATION CONTACT:
Jonathon Binet, (202) 245–0368.
Assistance for the hearing impaired is
available through the Federal
Information Relay Service (FIRS) at
(800) 877–8339.
SUPPLEMENTARY INFORMATION: In the ICC
Termination Act of 1995, Public Law
104–88, 109 Stat. 803 (1995) (ICCTA),
Congress revised the process for filing
Offers of Financial Assistance (OFAs)
for continued rail service, codified at 49
U.S.C. 10904. Under the OFA process,
as implemented in the Board’s
SUMMARY:
E:\FR\FM\05OCP1.SGM
05OCP1
]]>Agencies
[Federal Register Volume 81, Number 193 (Wednesday, October 5, 2016)]
[Proposed Rules]
[Pages 69019-69023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21934]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 8360
[LLCO913000.L16300000.NU0000.16X]
Notice of Proposed Supplementary Rules for Public Lands in
Colorado
AGENCY: Bureau of Land Management, Interior.
ACTION: Proposed supplementary rules.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Land Management (BLM) is proposing supplementary
rules to protect natural resources and provide for public health and
safety. The proposed supplementary rules would apply to all public
lands and BLM facilities in Colorado.
DATES: You should submit your comments by December 5, 2016.
ADDRESSES: You may submit comments by the following methods: Mail or
hand
[[Page 69020]]
deliver to John Bierk, State Chief Ranger, BLM Colorado State Office,
2850 Youngfield Street, Lakewood, CO 80215. You may also submit
comments via email to jbierk@blm.gov (include ``Proposed Supplementary
Rules'' in the subject line).
FOR FURTHER INFORMATION CONTACT: John Bierk, State Chief Ranger (see
ADDRESSES listed above), or by phone at (303) 239-3893. Persons who use
a telecommunications device for the deaf may call the Federal
Information Relay Service (FIRS) at (800) 877-8339 to contact the above
individual during normal business hours. The FIRS is available 24 hours
a day, seven 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. Public Comment Procedures
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. Where
possible, comments should reference the specific section or paragraph
of the proposed supplementary rules that the comments are 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 the one listed above (see ADDRESSES) or 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 of
respondents, will be available for public review at the address listed
above during regular business hours (7:30 a.m. to 4:30 p.m. Monday
through Friday, except on Federal 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.
II. Background
The BLM Colorado State Office has issued various statewide
supplementary rules to protect natural resources and provide for public
health and safety since 1990. Individual BLM field offices have also
issued various supplementary rules for travel management, protection of
natural resources, and public health and safety since 1995. Although
these supplementary rules have addressed a wide variety of natural
resource and public health and safety concerns, evolving social trends
and recreational uses of public land have necessitated additional
statewide supplementary rules.
III. Discussion of the Proposed Supplementary Rules
These proposed supplementary rules would apply to all public lands
and BLM facilities in Colorado. Proposed supplementary rule numbers 1-
11 would address general public conduct on public lands and at BLM
facilities. Many of these proposed supplementary rules were
intentionally written using language found in Title 18 of the Colorado
Revised Statutes.
Proposed supplementary rule numbers 12-16 would address resource
damage and public safety concerns involving the use of exploding
targets, flammable devices, and target shooting. The BLM consulted with
the Shooting Sports Roundtable during the drafting of the proposed
supplementary rules. The Shooting Sports Roundtable requested that the
proposed rules be clear, specific, and enforceable, and asked the BLM
to provide a comprehensive outreach effort prior to enforcement.
The BLM incorporated most of the recommendations from the Shooting
Sports Roundtable into the proposed supplementary rules and is planning
to issue press releases, post the new supplementary rules on the BLM
State and Field Office Web sites, and will have BLM Law Enforcement
Rangers conduct public education activities.
The BLM must consider risks to public safety and natural resources
in light of increasing fire danger and development in the wildland
urban interface. The USFS reported at least 16 wildfires were
associated with exploding targets in 2013, causing millions of dollars
in fire suppression costs and threatening the safety and well-being of
surrounding communities. The USFS subsequently issued an order banning
exploding targets in forests and grasslands in Colorado, Wyoming,
Kansas, Nebraska, and South Dakota in August 2013. Accordingly, the BLM
believes that the proposed supplementary rules regarding exploding
targets are warranted.
Proposed supplementary rule numbers 17-19 clarify existing Federal
regulations found in 43 CFR 9264.1(h) relating to vehicles, game
animals, boating, and outfitters. Proposed supplementary rule number 20
would address mechanized vehicle use within Wilderness Study Areas
(WSA) off of a designated route. Until Congress makes a final
determination on a WSA, the BLM manages these areas to preserve their
suitability for designation as wilderness. Existing regulations in 43
CFR 8341.1 limit off-road vehicles to designated routes of travel, but
this part does not apply to non-motorized vehicles. Existing
regulations in 43 CFR 6302.20(d) restrict the use of mechanical
transport in a congressionally designated Wilderness Area, but do not
apply to WSAs. Proposed supplementary rule number 20 affirms that the
use of mechanical transport is generally prohibited in WSAs, consistent
with Resource Management Plan decisions.
Proposed supplementary rule number 21 would address the burning of
wood or wood pallets containing nails or staples on public land.
Campsites in popular areas on public land are used repeatedly
throughout the spring, summer, and fall. As use increases, the
availability of firewood decreases, leading more campers to bring
construction debris or wood pallets containing nails or staples to use
as firewood. The nails and staples inadvertently end up in campfire ash
left at the campsite. In an effort to return campsites to a more
primitive condition, many campers scatter ashes and rock rings before
leaving their campsite. The nails or staples end up on the ground
surface, causing flat tires. Proposed supplementary rule number 21
would reduce the risk of tire damage and personal injury from discarded
nails and/or staples in popular camping areas.
The proposed supplementary rules are in conformance with the
following Resource Management Plans (RMPs):
Uncompahgre Basin RMP (1989);
San Luis Resource Area RMP (1991);
Gunnison RMP (1993);
Royal Gorge RMP (1996);
Colorado Canyons National Conservation Area and Black
Ridge Canyons Wilderness RMP (2004);
Little Snake RMP (2010);
Canyons of the Ancients National Monument RMP (2010);
Tres Rios RMP (2015);
Colorado River Valley RMP (2015);
Kremmling RMP (2015);
White River RMP (2015); and
Grand Junction RMP (2015).
[[Page 69021]]
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. They would not have an annual
effect of $100 million or more on the economy. They 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. They would not create a serious
inconsistency or otherwise interfere with an action taken or planned by
another agency. They would not materially alter the budgetary effects
of entitlements, grants, user fees, loan programs, or the rights or
obligations of their recipients, nor would they raise novel legal or
policy issues. The proposed supplementary rules would merely establish
rules of conduct for public use of a limited area of public lands.
National Environmental Policy Act (NEPA)
The BLM has found that the proposed supplementary rules comprise a
category or kind of action that has no significant individual or
cumulative effect on the quality of the human environment. See 40 CFR
1508.4; 43 CFR 46.210. Specifically, the promulgation of the proposed
supplementary rules is an action that is of an administrative,
financial, legal, technical, or procedural nature within the meaning of
43 CFR 46.210(i). Therefore, the proposed action is categorically
excluded from further documentation under NEPA in accordance with 43
CFR 46.205(b) and 46.210(i). BLM has reviewed the proposed action and
none of the extraordinary circumstances listed at 43 CFR 46.215 are
applicable. The NEPA Categorical Exclusion (CX) documentation is on
file at the Colorado State Office under NEPA No. DOI-BLM-CO-0000-2015-
0002-CX.
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 a rule would have a
significant economic impact, either detrimental or beneficial, on a
substantial number of small entities. These proposed supplementary
rules would have no effect on business entities of any size. They would
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 has
determined under the RFA that these 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 are not a ``major rule'' as
defined under 5 U.S.C. 804(2). Proposed supplemental rule number 12
would restrict the possession, discharge, or use of exploding targets
on public land in Colorado. Limiting the use of exploding targets on
public land in Colorado would not have a significant effect on
commercial sale of these targets.
Unfunded Mandates Reform Act
These proposed supplementary rules would not impose an unfunded
mandate on State, local, or tribal governments of more than $100
million per year; nor would they have a significant or unique effect on
small governments or the private sector. The proposed supplementary
rules would merely impose reasonable rules of conduct on public lands
in Colorado to protect natural resources and public 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. 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 would not address property rights in
any form and would not cause the impairment of constitutionally
protected 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. Therefore, in
accordance with Executive Order 13132, the BLM has determined that
these 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 these
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
these proposed supplementary rules do not include policies that have
tribal implications, and would 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.
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 (Section 515 of Pub. L. 106-554).
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 proposed supplementary rules would not have an
adverse effect on energy supply, production, or consumption, and have
no connection with energy policy.
Executive Order 13352, Facilitation of Cooperative Conservation
In accordance with Executive Order 13352, the BLM has determined
that the proposed supplementary rules would not impede facilitating
cooperative 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; would properly
accommodate local participation in the Federal decision-making process;
and would provide that the programs, projects, and activities are
consistent with protecting public health and safety.
[[Page 69022]]
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 of 1995, 44 U.S.C. 3501-3521.
Author
The principal author of these proposed supplementary rules is John
Bierk, State Chief Ranger, BLM Colorado State Office.
V. Proposed Rules
For the reasons stated in the preamble, and under the authority of
43 U.S.C. 315a, 1733(a), and 1740, and 43 CFR 8365.1-6, the State
Director proposes supplementary rules for public lands and BLM
facilities in Colorado, to read as follows:
Supplementary Rules for Public Lands in Colorado
Definitions
Alcoholic beverage means a beverage as defined in 23 CFR 1270.3
(a).
BLM facility means any BLM office, storage yard, warehouse, or
building owned or leased by the BLM directly or through the General
Services Administration.
Camp means erecting a tent or shelter of natural or synthetic
material; preparing a sleeping bag or other bedding material; parking a
motor vehicle, motor home, or trailer; or mooring a vessel for the
apparent purpose of overnight occupancy.
Demonstrations means public protests, assemblies, picketing,
speechmaking, parades, marching, placement of signs or banners, holding
vigils or religious services, and all other like forms of conduct that
involve the communication or expression of views or grievances, engaged
in by one or more persons, the conduct of which is reasonably likely to
attract a crowd or onlookers. The term does not include casual use of
public lands or BLM facilities in Colorado that is not reasonably
likely to attract a crowd or onlookers.
Designated travel routes means roads and trails open to specified
modes of travel and identified on a map of designated roads and trails
that is maintained and available for public inspection at the BLM.
Designated roads and trails are open to public use in accordance with
such limits and restrictions as are, or may be, specified in the
Resource Management Plan (RMP) or travel management plan governing
applicable public lands and BLM facilities in Colorado, or in future
decisions implementing the RMP. This definition excludes any road or
trail with BLM-authorized restrictions that prevent use of the road or
trail. Restrictions may include signs or physical barriers such as
gates, fences, posts, branches, or rocks.
Disorderly conduct means to intentionally, knowingly, or
recklessly:
(a) Make a coarse and obviously offensive utterance, gesture, or
display in a public place when the utterance, gesture, or display tends
to incite an immediate breach of the peace;
(b) Make unreasonable noise in a public place or near a private
residence that he or she has no right to occupy;
(c) Fight with another in a public place except in an amateur or
professional contest of athletic skill;
(c) Discharge a firearm or other projectile shooting device in a
public place except when engaged in lawful target practice or hunting;
or (d) Display a deadly weapon, display any article used or fashioned
in a manner to cause a person to reasonably believe that the article is
a deadly weapon, or represent verbally or otherwise that he or she is
armed with a deadly weapon in a public place in a manner calculated to
alarm.
Existing travel routes means immediately recognizable motor vehicle
travel routes or two-track trails that are not identified as closed to
motorized vehicle use by a BLM sign or map.
Federal Officer means any delegated Federal law enforcement
officer.
Firearm or Other Projectile Shooting Device 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.
Indecent exposure means to knowingly:
(a) expose a person's genitals to the view of any person under
circumstances in which such conduct is likely to cause affront or alarm
to the other person with the intent to arouse or to satisfy the sexual
desire of any person; or
(b) perform an act of masturbation in a manner which exposes the
act to the view of any person under circumstances in which such conduct
is likely to cause affront or alarm to the other person.
Intimate parts mean the external genitalia or the perineum or the
anus or the buttocks or the pubes or the breast of any person.
Mechanized vehicle means a human-powered mechanical 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, not powered by a motor. The term does
not include wheelchairs, skis, or snowshoes.
Motorized vehicle means a vehicle that is propelled by a motor or
engine, such as a car, truck, off-highway vehicle, motorcycle, or
snowmobile.
Open alcoholic beverage container means a bottle, can, or other
receptacle that contains any amount of alcoholic beverage and:
(a) That is open or has a broken seal; or
(b) The contents of which are partially removed.
Passenger area means the area designed to seat the driver and
passengers while a motor vehicle is in operation and any area that is
readily accessible to the driver or a passenger while in his or her
seating position, including, but not limited to, the glove compartment.
Public indecency means to perform any of the following acts in a
public place or where the conduct may reasonably be expected to be
viewed by members of the public:
(a) An act of sexual intercourse;
(b) A lewd exposure of an intimate part of the body, not including
the genitals, done with intent to arouse or to satisfy the sexual
desire of any person;
(c) A lewd fondling or caress of the body of another person; or
(d) A knowing exposure of the person's genitals to the view of a
person under circumstances in which such conduct is likely to cause
affront or alarm to the other person.
Public land means any land or interest in land owned by the United
States and administered by the Secretary of the Interior through the
BLM without regard to how the United States acquired ownership.
Public place means a place to which the public has access.
Riot means a public disturbance involving an assemblage of three or
more persons which by tumultuous and violent conduct creates grave
danger of damage or injury to property or persons or substantially
obstructs the performance of any governmental function.
Wheelchair means a device designed solely for use by a mobility-
impaired person for locomotion that is suitable for use in an indoor
pedestrian area.
Prohibited Acts on Public Lands and BLM Facilities in Colorado
1. You must not engage in disorderly conduct.
2. You must not engage in actions or behaviors that are intended to
prevent
[[Page 69023]]
or disrupt any lawful BLM meeting, procession, or gathering; or
significantly obstruct or interfere with said meeting, procession, or
gathering by physical action, verbal utterance, or any other means.
3. You must not willfully deny any member of the public, public
official, BLM employee, volunteer, invitee, or agent thereof, their
lawful rights to gain access to, enter, use, or leave a BLM facility.
4. You must not willfully impede any public official, BLM employee,
or volunteer in the lawful performance of duties or activities through
the use of restraint, abduction, coercion, or intimidation, or by force
and violence or threat thereof.
5. You must not willfully refuse or fail to leave a BLM facility
upon being requested to do so by a Federal Officer, Field Office
Manager, Acting Manager, or privately contracted security officer
assigned to the facility if you have willfully committed, are
committing, threaten to commit, or are inciting others to commit any
act which did, or would, if completed, disrupt, impair, interfere with,
or obstruct the lawful missions, processes, procedures, or functions
being carried on in the BLM facility.
6. You must not willfully impede, disrupt, or hinder the normal
proceedings of any BLM meeting or session conducted by any public
official, BLM employee, volunteer, invitee, or agent thereof by any act
of intrusion into the chamber or other areas designated for use of the
body or official conducting the meeting or session or by any act
designed to intimidate, coerce, or hinder any public official, BLM
employee, volunteer, invitee, or agent thereof.
7. You must not conduct, participate in, or engage in
demonstrations outside of designated demonstration areas when BLM has
established such areas. BLM will establish designated demonstration
areas only where it finds, in writing, that demonstrations would: (i)
Cause injury or damage to public lands or BLM facilities in Colorado;
(ii) unreasonably impair the atmosphere of peace and tranquility
maintained in wilderness, natural, or historic areas; (iii)
unreasonably interfere with interpretive, visitor service, or other
program activities, or with the administrative activities of BLM; (iv)
substantially impair the operation of public use facilities or
services; (v) present a clear and present danger to the public health
and safety; or (vi) be incompatible with the nature and traditional use
of the particular area of public land or BLM facility involved.
8. You must not remain or camp at any BLM facility past the normal
business hours posted on the facility, unless otherwise authorized.
9. You must not incite or urge a group of five or more persons to
engage in a current or impending riot or give commands, instructions,
or signals to a group of five or more persons in furtherance of a riot.
10. You must not engage in a riot.
11. You must not engage in public indecency or indecent exposure.
12. You must not possess, discharge, or use explosives, incendiary
or chemical devices, or exploding targets without prior authorization.
13. You must not engage in rifle or pistol target shooting
activities unless they are conducted towards and into a backstop of
material that prevents further travel beyond the intended target and/or
ricochet of the bullet or projectile.
14. You must not rifle or pistol target shoot at materials other
than paper, plastic, or steel targets manufactured for shooting sports
or biodegradable clay pigeons.
15. You must not leave targets, target debris (except pieces of
biodegradable clay pigeons), cartridge ``brass,'' or shell casings at
any shooting area.
16. You must not possess, discharge, or use flammable devices
including, but not limited to, gasoline bombs commonly referred to as
``Sobe Bombs'' or flammable projectiles discharged from a launching
tube or other device.
17. You must not drink an alcoholic beverage or possess an open
alcoholic beverage container while in the passenger area of a motorized
vehicle.
18. You must not tow or be in possession of a trailer requiring
registration under Colorado Revised Statutes that is either
unregistered or has expired registration.
19. You must not violate any Colorado Revised Statute regarding
hunting, fishing, boating, or outfitters.
20. You must not operate a mechanized vehicle within a designated
Wilderness Study Area except on travel routes identified for such use
by a BLM sign or map.
21. You must not burn wood or wood pallets containing nails or
staples.
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 fire
fighting force performing an official duty; and persons who are
expressly authorized or 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 for 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
Colorado law.
Ruth Welch,
BLM Colorado State Director.
[FR Doc. 2016-21934 Filed 10-4-16; 8:45 am]
BILLING CODE 4310-JB-P
