Notice of Proposed Supplementary Rules for Public Lands Managed by the Moab Field Office in Grand County, Utah, 75366-75368 [2016-26179]
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Federal Register / Vol. 81, No. 210 / Monday, October 31, 2016 / Proposed Rules
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to extend the public comment period
until November 15, 2016.
Dated: October 24, 2016.
Stephen Page,
Director, Office of Air Quality Planning and
Standards.
[FR Doc. 2016–26209 Filed 10–28–16; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 8360
Lhorne on DSK30JT082PROD with PROPOSALS
[16XL 1109AF LLUTY0100
L12200000.EA0000 24–1A]
Notice of Proposed Supplementary
Rules for Public Lands Managed by the
Moab Field Office in Grand County,
Utah
Bureau of Land Management,
Interior.
ACTION: Proposed supplementary rule.
AGENCY:
The Bureau of Land
Management (BLM) is proposing a
SUMMARY:
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14:09 Oct 28, 2016
Jkt 241001
supplementary rule addressing conduct
on public lands in the vicinity of Corona
Arch and Gemini Bridges in Grand
County, Utah. The proposed
supplementary rule would prohibit
roped activities around Corona Arch
and Gemini Bridges. Such activities
involve the use of ropes or other
climbing aids, and include, but are not
limited to, ziplining, highlining,
slacklining, traditional rock climbing,
sport rock climbing, rappelling, and
swinging.
DATES: Comments on the proposed
supplementary rule must be received or
postmarked by December 30, 2016 to be
assured of consideration. Comments
received, postmarked or electronically
dated after that date will not necessarily
be considered in the development of the
final supplementary rules.
ADDRESSES: Please mail or hand deliver
all comments concerning the proposed
supplementary rule to the Bureau of
Land Management, 82 E. Dogwood,
Moab, UT 84532, or email comments to
Katie Stevens, at kstevens@blm.gov. The
proposed supplementary rule and a map
depicting the area that would be
affected are available for public review
at the Moab Field Office, located at 82
E. Dogwood, Moab, UT 84532. The
affected area is also shown on a map on
the Moab Field Office’s Web site at
https://www.blm.gov/ut/st/en/fo/
moab.html.
FOR FURTHER INFORMATION CONTACT: Beth
Ransel, Moab Field Manager, BLM Moab
Field Office, 82 E. Dogwood, Moab, UT
84532, or telephone (435) 259–2110.
Persons who use a telecommunications
device for the deaf (TDD) may call the
Federal Information Relay Service
(FIRS) at 800–877–8339 to leave a
message or question with the above
individual. The FIRS is available 24
hours a day, 7 days a week. You will
receive a reply during normal business
hours.
SUPPLEMENTARY INFORMATION:
I. Public Comment Procedures
The public is invited to provide
comments on the proposed
supplementary rule. See the DATES and
ADDRESSES sections for information on
submitting comments. Written
comments on the proposed
supplementary rule must be sent in
accordance with the information
outlined in the DATES and ADDRESSES
sections of this notice. The BLM need
not consider, or include in the
Administrative Record for the final
supplementary rule, (a) comments
delivered to an address other than those
listed above (See ADDRESSES), or (b)
comments that the BLM receives after
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Sfmt 4702
the close of the comment period (See
unless they are postmarked or
electronically dated before the deadline.
Written comments on the proposed
supplementary rule should be specific,
confined to issues pertinent to the
proposed supplementary rule, and
should explain the reason for any
recommended change. Where possible,
comments should reference the specific
section of the rule that the comment is
addressing. Comments, including
names, street addresses, and other
contact information of respondents, will
be available for public review at 82 E.
Dogwood, Moab, UT 84532, during
regular business hours (8:00 a.m. to 4:30
p.m.), Monday through Friday, except
Federal holidays. Before including your
address, telephone number, email
address, or other personal identifying
information in your comment, be
advised that your entire comment,
including your personal identifying
information, may be made publicly
available at any time. While you can ask
us in your comment to withhold from
public review your personal identifying
information, we cannot guarantee that
we will be able to do so.
DATES),
II. Background
The BLM establishes supplementary
rules under the authority of 43 CFR
8365.1–6, which allows the BLM State
Directors to establish such rules for the
protection of persons, property, and
public lands and resources. This
regulation allows the BLM to issue rules
of less than national effect without
codifying the rules in the Code of
Federal Regulations.
Corona Arch and Gemini Bridges are
two of the most popular locations in the
Moab Field Office. Corona Arch is a
partly freestanding arch with a 110-foot
by 110-foot opening. Gemini Bridges are
two large arches standing side-by-side.
Corona Arch is visited by approximately
40,000 visitors per year, and Gemini
Bridges are visited by approximately
50,000 visitors per year. The BLM has
received many complaints that roped
activities, including swinging from the
arches, conflict with other visitors’ use
and enjoyment of the arches. The BLM
finds merit in these complaints. People
setting up and using swings and rappels
from the arches endanger both
themselves and those viewing them
from below. In addition, the rock arches
may be damaged by ropes ‘‘sawing’’ on
the rock spans. The supplementary rules
currently in effect in the Moab Field
Office (at 81 FR 9498 (Feb. 25, 2016)) do
not address roped activities on the
affected arches, although a temporary
restriction (80 FR 27703 (May 14, 2015))
is in effect until May 2017.
E:\FR\FM\31OCP1.SGM
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Federal Register / Vol. 81, No. 210 / Monday, October 31, 2016 / Proposed Rules
The legal descriptions of the affected
public lands are:
Salt Lake Meridian
T. 25 S., R. 20 E.,
Sec. 34, NW1/4 SW1/4, that part
surrounding Gemini Bridges.
T. 25 S., R. 21 E.,
sec. 32, SE1/4 SE1/4, that part surrounding
Corona Arch.
T. 26 S., R. 21 E.,
sec. 5, NE1/4, that part surrounding Corona
Arch.
The areas described aggregate 37.3 acres.
This proposed supplementary rule
would allow for enforcement as a tool
in minimizing the adverse effects of
roped activities within the affected
areas. After it goes into effect, the
supplementary rule will be available for
inspection in the Moab Field Office, and
it will be announced broadly through
the news media and direct mail to the
constituents included on the Moab Field
Office mailing list. It will also be posted
on signs at main entry points to the
affected areas.
III. Discussion of the Proposed
Supplementary Rule
The Moab Field Office proposes to
ban roped activities in the vicinity of
Corona Arch and Gemini Bridges. The
prohibited activities would include, but
not be limited to, ziplining, highlining,
slacklining, traditional rock climbing,
sport rock climbing, rappelling, and
swinging, using equipment such as
ropes, cables, climbing aids, webbing, or
anchors. The proposed supplementary
rule would affect 31 acres surrounding
Corona Arch and 6.3 acres surrounding
Gemini Bridges. The proposed
supplementary rule is necessary for the
protection of visitors and for the
protection of the arches.
Lhorne on DSK30JT082PROD with PROPOSALS
IV. Procedural Matters
Executive Order 12866, Regulatory
Planning and Review
This proposed supplementary rule is
not a significant regulatory action and is
not subject to review by the Office of
Management and Budget under
Executive Order 12866. This proposed
supplementary rule would not have an
annual effect of $100 million or more on
the economy. It is not intended to affect
commercial activity, but imposes a rule
of conduct on recreational visitors for
public safety and resource protection
reasons in a limited area of public lands.
This supplementary rule 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. This
proposed supplementary rule would not
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14:09 Oct 28, 2016
Jkt 241001
create a serious inconsistency or
otherwise interfere with an action taken
or planned by another agency. This
proposed supplementary rule does not
materially alter the budgetary effects of
entitlements, grants, user fees, or loan
programs or the right or obligations of
their recipients, nor does it raise novel
legal or policy issues; it merely strives
to protect public safety and the
environment.
Clarity of the Rule
Executive Order 12866 requires each
agency to write regulations that are
simple and easy to understand. The
BLM invites comments on how to make
this proposed supplementary rule easier
to understand, including answers to
questions such as the following:
(1) Are the requirements in the
proposed supplementary rule clearly
stated?
(2) Does the proposed supplementary
rule contain technical language or
jargon that interferes with their clarity?
(3) Does the format of the proposed
supplementary rule (grouping and order
of sections, use of headings,
paragraphing, etc.) aid or reduce its
clarity?
(4) Would the proposed
supplementary rule be easier to
understand if it was divided into more
(but shorter) sections?
(5) Is the description of the proposed
supplementary rule in the
SUPPLEMENTARY INFORMATION section of
this preamble helpful to your
understanding of the proposed
supplementary rule? How could this
description be more helpful in making
the proposed supplementary rule easier
to understand?
Please send any comments you have
on the clarity of the proposed
supplementary rule to the address
specified in the ADDRESSES section.
National Environmental Policy Act
(NEPA)
A temporary restriction on roped
activities was analyzed in
Environmental Assessment (EA) DOI–
BLM–UT–2014–0170–EA, Temporary
Restriction of Roped Activities at
Corona Arch and Gemini Bridges. This
document was subject to a 30-day
public comment period; it was signed
on January 6, 2015. The permanent
restriction on roped activities was
analyzed in Environmental Assessment
DOI–BLM–UT–2015–0227, Permanent
Restriction of Corona Arch and Gemini
Bridges to Roped Activities. This
document was subject to a 30-day
scoping period and a 30-day public
comment period. The Decision Record
was signed on May 5, 2016. The EA
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75367
found that the proposed supplementary
rule would not constitute a major
Federal action significantly affecting the
quality of the human environment
under Section 102(2)(C) of the National
Environmental Policy Act of 1969
(NEPA), 42 U.S.C. 4332(2)(C). The
proposed supplementary rule merely
contains rules of conduct for the BLM
public lands administered by the Moab
Field Office within a 31-acre area
around Corona Arch and 6.3-acre area
around Gemini Bridges. This rule is
designed to protect the environment and
public safety. A detailed impact
statement under NEPA is not required.
The BLM has placed the EA and the
Finding of No Significant Impact on file
in the BLM Administrative Record at
the address specified in the ADDRESSES
section.
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 rule does
not pertain specifically to commercial or
governmental entities of any size, but to
public recreational use of specific
public lands. Therefore, the BLM has
determined under the RFA that the
proposed supplementary rule would not
have a significant economic impact on
a substantial number of small entities.
Small Business Regulatory Enforcement
Fairness Act
This proposed supplementary rule
would not constitute a ‘‘major rule’’ as
defined at 5 U.S.C. 804(2). This
proposed supplementary rule merely
contains rules of conduct for
recreational use of public lands. This
proposed rule would not affect business,
commercial, or industrial use of public
lands.
Unfunded Mandates Reform Act
This proposed supplementary rule
would not pose an unfunded mandate
on State, local, or tribal governments of
more than $100 million per year; nor
would it have a significant or unique
effect on small governments. This
proposed supplementary rule does 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.
E:\FR\FM\31OCP1.SGM
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75368
Federal Register / Vol. 81, No. 210 / Monday, October 31, 2016 / Proposed Rules
Executive Order 12630, Governmental
Actions and Interference With
Constitutionally Protected Property
Rights (Takings)
This proposed supplementary rule is
not a government action capable of
interfering with constitutionally
protected property rights. This proposed
supplementary rule does not address
property rights in any form, and does
not cause the impairment of anybody’s
property rights. Therefore, the BLM has
determined that this proposed
supplementary rule would not cause a
taking of private property or require
further discussion of takings
implications under this Executive
Order.
Executive Order 13132, Federalism
This proposed supplementary rule
would not have a substantial direct
effect on the states, on the relationship
between the Federal government and
the states, or on the distribution of
power and responsibilities among the
various levels of government. Therefore,
the BLM has determined that this
proposed supplementary rule does 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 this proposed
supplementary rule would not unduly
burden the judicial system and that the
requirements of sections 3(a) and 3(b)(2)
of the Order are met. This
supplementary rule contains rules of
conduct for recreational use of certain
public lands to protect public safety and
the environment.
Lhorne on DSK30JT082PROD with PROPOSALS
Executive Order 13175, Consultation
and Coordination With Indian Tribal
Governments
In accordance with Executive Order
13175, the BLM has found that this
proposed supplementary rule does not
include policies that have tribal
implications. This proposed
supplementary rule does not affect
lands held in trust for the benefit of
Native American tribes, individual
Indians, Aleuts, or others, nor does it
affect 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.
Paperwork Reduction Act
This proposed supplementary rule
does not contain information collection
requirements that the Office of
Management and Budget must approve
VerDate Sep<11>2014
14:09 Oct 28, 2016
Jkt 241001
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
This proposed supplementary rule
does not comprise a significant energy
action. This proposed supplementary
rule would not have an adverse effect on
energy supplies, production, or
consumption. It only addresses rules of
conduct for recreational use of certain
public lands to protect public safety and
the environment, and has no connection
with energy policy.
Author
The principal author of the proposed
supplementary rule is Beth Ransel,
Field Manager for the Moab Field
Office, Utah.
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 Utah State
Director, BLM, proposes to issue this
supplementary rule for public lands
managed by the BLM in Utah, to read
as follows:
V. Proposed Supplementary Rule
Definitions
Roped activities means activities that
involve the use of ropes, cables,
climbing aids, webbing, or anchors, and
includes, but is not limited to, ziplining,
highlining, slacklining, traditional rock
climbing, sport rock climbing,
rappelling, and swinging.
Prohibited Acts
1. You must not participate in any
roped activities on public lands in the
vicinity of Corona Arch or Gemini
Bridges. This prohibition includes, but
is not limited to, the use of ropes,
cables, climbing aids, webbing, anchors,
and similar devices.
Exemptions
The following persons are exempt
from this supplementary rule: Any
Federal, State, local government officer
or employee in the scope of their duties;
members of any organized law
enforcement, rescue, or firefighting force
in performance of an official duty; and
any persons, agencies, municipalities or
companies whose activities are
authorized in writing by the BLM.
Enforcement
Any person who violates this
supplementary rule may be tried before
a United States Magistrate and fined in
accordance with 18 U.S.C. 3571,
imprisoned no more than 12 months
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Fmt 4702
Sfmt 4702
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 Utah law.
Jenna Whitlock,
Bureau of Land Management, Acting State
Director, Utah.
[FR Doc. 2016–26179 Filed 10–28–16; 8:45 am]
BILLING CODE 4310–DQ–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 1 and 4
[GN Docket No. 15–206; Report No. 3052]
Petitions for Reconsideration and
Clarification of Action in Rulemaking
Proceeding
Federal Communications
Commission.
ACTION: Petitions for reconsideration
and clarification.
AGENCY:
Petitions for Reconsideration
and Clarification (Petitions) have been
filed in the Commission’s rulemaking
proceeding by Andrew D. Lipman, on
behalf of Submarine Cable Coalition,
and Kent D. Bressie, on behalf of North
American Submarine Cable Association.
DATES: Oppositions to the Petition must
be filed on or before November 15, 2016.
Replies to an opposition must be filed
on or before November 25, 2016.
ADDRESSES: Federal Communications
Commission, 445 12th Street SW.,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT:
Peter Shroyer, Public Safety and
Homeland Security Bureau, email:
peter.shroyer@fcc.gov; phone: (202)
418–1575.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s
document, Report No. 3052, released
October 12, 2016. The full text of the
Petitions is available for viewing and
copying at the FCC Reference
Information Center, 445 12th Street SW.,
Room CY–A257, Washington, DC 20554
or may be accessed online via the
Commission’s Electronic Comment
Filing System at https://apps.fcc.gov/
ecfs/. The Commission will not send a
copy of this Notice pursuant to the
Congressional Review Act, 5 U.S.C.
801(a)(1)(A), because this Notice does
not have an impact on any rules of
particular applicability.
Subject: Improving Outage Reporting
for Submarine Cables and Enhanced
Submarine Cable Outage Data; NORS;
FCC 16–81, published at 81 FR 52354,
SUMMARY:
E:\FR\FM\31OCP1.SGM
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]]>Agencies
[Federal Register Volume 81, Number 210 (Monday, October 31, 2016)]
[Proposed Rules]
[Pages 75366-75368]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26179]
=======================================================================
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 8360
[16XL 1109AF LLUTY0100 L12200000.EA0000 24-1A]
Notice of Proposed Supplementary Rules for Public Lands Managed
by the Moab Field Office in Grand County, Utah
AGENCY: Bureau of Land Management, Interior.
ACTION: Proposed supplementary rule.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Land Management (BLM) is proposing a
supplementary rule addressing conduct on public lands in the vicinity
of Corona Arch and Gemini Bridges in Grand County, Utah. The proposed
supplementary rule would prohibit roped activities around Corona Arch
and Gemini Bridges. Such activities involve the use of ropes or other
climbing aids, and include, but are not limited to, ziplining,
highlining, slacklining, traditional rock climbing, sport rock
climbing, rappelling, and swinging.
DATES: Comments on the proposed supplementary rule must be received or
postmarked by December 30, 2016 to be assured of consideration.
Comments received, postmarked or electronically dated after that date
will not necessarily be considered in the development of the final
supplementary rules.
ADDRESSES: Please mail or hand deliver all comments concerning the
proposed supplementary rule to the Bureau of Land Management, 82 E.
Dogwood, Moab, UT 84532, or email comments to Katie Stevens, at
kstevens@blm.gov. The proposed supplementary rule and a map depicting
the area that would be affected are available for public review at the
Moab Field Office, located at 82 E. Dogwood, Moab, UT 84532. The
affected area is also shown on a map on the Moab Field Office's Web
site at https://www.blm.gov/ut/st/en/fo/moab.html.
FOR FURTHER INFORMATION CONTACT: Beth Ransel, Moab Field Manager, BLM
Moab Field Office, 82 E. Dogwood, Moab, UT 84532, or telephone (435)
259-2110. Persons who use a telecommunications device for the deaf
(TDD) may call the Federal Information Relay Service (FIRS) at 800-877-
8339 to leave a message or question with the above individual. The FIRS
is available 24 hours a day, 7 days a week. You will receive a reply
during normal business hours.
SUPPLEMENTARY INFORMATION:
I. Public Comment Procedures
The public is invited to provide comments on the proposed
supplementary rule. See the DATES and ADDRESSES sections for
information on submitting comments. Written comments on the proposed
supplementary rule must be sent in accordance with the information
outlined in the DATES and ADDRESSES sections of this notice. The BLM
need not consider, or include in the Administrative Record for the
final supplementary rule, (a) comments delivered to an address other
than those listed above (See ADDRESSES), or (b) comments that the BLM
receives after the close of the comment period (See DATES), unless they
are postmarked or electronically dated before the deadline.
Written comments on the proposed supplementary rule should be
specific, confined to issues pertinent to the proposed supplementary
rule, and should explain the reason for any recommended change. Where
possible, comments should reference the specific section of the rule
that the comment is addressing. Comments, including names, street
addresses, and other contact information of respondents, will be
available for public review at 82 E. Dogwood, Moab, UT 84532, during
regular business hours (8:00 a.m. to 4:30 p.m.), Monday through Friday,
except Federal holidays. Before including your address, telephone
number, email address, or other personal identifying information in
your comment, be advised that your entire comment, including your
personal identifying information, may be made publicly available at any
time. While you can ask us in your comment to withhold from public
review your personal identifying information, we cannot guarantee that
we will be able to do so.
II. Background
The BLM establishes supplementary rules under the authority of 43
CFR 8365.1-6, which allows the BLM State Directors to establish such
rules for the protection of persons, property, and public lands and
resources. This regulation allows the BLM to issue rules of less than
national effect without codifying the rules in the Code of Federal
Regulations.
Corona Arch and Gemini Bridges are two of the most popular
locations in the Moab Field Office. Corona Arch is a partly
freestanding arch with a 110-foot by 110-foot opening. Gemini Bridges
are two large arches standing side-by-side. Corona Arch is visited by
approximately 40,000 visitors per year, and Gemini Bridges are visited
by approximately 50,000 visitors per year. The BLM has received many
complaints that roped activities, including swinging from the arches,
conflict with other visitors' use and enjoyment of the arches. The BLM
finds merit in these complaints. People setting up and using swings and
rappels from the arches endanger both themselves and those viewing them
from below. In addition, the rock arches may be damaged by ropes
``sawing'' on the rock spans. The supplementary rules currently in
effect in the Moab Field Office (at 81 FR 9498 (Feb. 25, 2016)) do not
address roped activities on the affected arches, although a temporary
restriction (80 FR 27703 (May 14, 2015)) is in effect until May 2017.
[[Page 75367]]
The legal descriptions of the affected public lands are:
Salt Lake Meridian
T. 25 S., R. 20 E.,
Sec. 34, NW1/4 SW1/4, that part surrounding Gemini Bridges.
T. 25 S., R. 21 E.,
sec. 32, SE1/4 SE1/4, that part surrounding Corona Arch.
T. 26 S., R. 21 E.,
sec. 5, NE1/4, that part surrounding Corona Arch.
The areas described aggregate 37.3 acres.
This proposed supplementary rule would allow for enforcement as a
tool in minimizing the adverse effects of roped activities within the
affected areas. After it goes into effect, the supplementary rule will
be available for inspection in the Moab Field Office, and it will be
announced broadly through the news media and direct mail to the
constituents included on the Moab Field Office mailing list. It will
also be posted on signs at main entry points to the affected areas.
III. Discussion of the Proposed Supplementary Rule
The Moab Field Office proposes to ban roped activities in the
vicinity of Corona Arch and Gemini Bridges. The prohibited activities
would include, but not be limited to, ziplining, highlining,
slacklining, traditional rock climbing, sport rock climbing,
rappelling, and swinging, using equipment such as ropes, cables,
climbing aids, webbing, or anchors. The proposed supplementary rule
would affect 31 acres surrounding Corona Arch and 6.3 acres surrounding
Gemini Bridges. The proposed supplementary rule is necessary for the
protection of visitors and for the protection of the arches.
IV. Procedural Matters
Executive Order 12866, Regulatory Planning and Review
This proposed supplementary rule is not a significant regulatory
action and is not subject to review by the Office of Management and
Budget under Executive Order 12866. This proposed supplementary rule
would not have an annual effect of $100 million or more on the economy.
It is not intended to affect commercial activity, but imposes a rule of
conduct on recreational visitors for public safety and resource
protection reasons in a limited area of public lands. This
supplementary rule 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. This proposed supplementary rule would not create a
serious inconsistency or otherwise interfere with an action taken or
planned by another agency. This proposed supplementary rule does not
materially alter the budgetary effects of entitlements, grants, user
fees, or loan programs or the right or obligations of their recipients,
nor does it raise novel legal or policy issues; it merely strives to
protect public safety and the environment.
Clarity of the Rule
Executive Order 12866 requires each agency to write regulations
that are simple and easy to understand. The BLM invites comments on how
to make this proposed supplementary rule easier to understand,
including answers to questions such as the following:
(1) Are the requirements in the proposed supplementary rule clearly
stated?
(2) Does the proposed supplementary rule contain technical language
or jargon that interferes with their clarity?
(3) Does the format of the proposed supplementary rule (grouping
and order of sections, use of headings, paragraphing, etc.) aid or
reduce its clarity?
(4) Would the proposed supplementary rule be easier to understand
if it was divided into more (but shorter) sections?
(5) Is the description of the proposed supplementary rule in the
SUPPLEMENTARY INFORMATION section of this preamble helpful to your
understanding of the proposed supplementary rule? How could this
description be more helpful in making the proposed supplementary rule
easier to understand?
Please send any comments you have on the clarity of the proposed
supplementary rule to the address specified in the ADDRESSES section.
National Environmental Policy Act (NEPA)
A temporary restriction on roped activities was analyzed in
Environmental Assessment (EA) DOI-BLM-UT-2014-0170-EA, Temporary
Restriction of Roped Activities at Corona Arch and Gemini Bridges. This
document was subject to a 30-day public comment period; it was signed
on January 6, 2015. The permanent restriction on roped activities was
analyzed in Environmental Assessment DOI-BLM-UT-2015-0227, Permanent
Restriction of Corona Arch and Gemini Bridges to Roped Activities. This
document was subject to a 30-day scoping period and a 30-day public
comment period. The Decision Record was signed on May 5, 2016. The EA
found that the proposed supplementary rule would not constitute a major
Federal action significantly affecting the quality of the human
environment under Section 102(2)(C) of the National Environmental
Policy Act of 1969 (NEPA), 42 U.S.C. 4332(2)(C). The proposed
supplementary rule merely contains rules of conduct for the BLM public
lands administered by the Moab Field Office within a 31-acre area
around Corona Arch and 6.3-acre area around Gemini Bridges. This rule
is designed to protect the environment and public safety. A detailed
impact statement under NEPA is not required. The BLM has placed the EA
and the Finding of No Significant Impact on file in the BLM
Administrative Record at the address specified in the ADDRESSES
section.
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 rule does not pertain
specifically to commercial or governmental entities of any size, but to
public recreational use of specific public lands. Therefore, the BLM
has determined under the RFA that the proposed supplementary rule would
not have a significant economic impact on a substantial number of small
entities.
Small Business Regulatory Enforcement Fairness Act
This proposed supplementary rule would not constitute a ``major
rule'' as defined at 5 U.S.C. 804(2). This proposed supplementary rule
merely contains rules of conduct for recreational use of public lands.
This proposed rule would not affect business, commercial, or industrial
use of public lands.
Unfunded Mandates Reform Act
This proposed supplementary rule would not pose an unfunded mandate
on State, local, or tribal governments of more than $100 million per
year; nor would it have a significant or unique effect on small
governments. This proposed supplementary rule does 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.
[[Page 75368]]
Executive Order 12630, Governmental Actions and Interference With
Constitutionally Protected Property Rights (Takings)
This proposed supplementary rule is not a government action capable
of interfering with constitutionally protected property rights. This
proposed supplementary rule does not address property rights in any
form, and does not cause the impairment of anybody's property rights.
Therefore, the BLM has determined that this proposed supplementary rule
would not cause a taking of private property or require further
discussion of takings implications under this Executive Order.
Executive Order 13132, Federalism
This proposed supplementary rule would not have a substantial
direct effect on the states, on the relationship between the Federal
government and the states, or on the distribution of power and
responsibilities among the various levels of government. Therefore, the
BLM has determined that this proposed supplementary rule does 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 this
proposed supplementary rule would not unduly burden the judicial system
and that the requirements of sections 3(a) and 3(b)(2) of the Order are
met. This supplementary rule contains rules of conduct for recreational
use of certain public lands to protect public safety and the
environment.
Executive Order 13175, Consultation and Coordination With Indian Tribal
Governments
In accordance with Executive Order 13175, the BLM has found that
this proposed supplementary rule does not include policies that have
tribal implications. This proposed supplementary rule does not affect
lands held in trust for the benefit of Native American tribes,
individual Indians, Aleuts, or others, nor does it affect 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.
Paperwork Reduction Act
This proposed supplementary rule does 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
This proposed supplementary rule does not comprise a significant
energy action. This proposed supplementary rule would not have an
adverse effect on energy supplies, production, or consumption. It only
addresses rules of conduct for recreational use of certain public lands
to protect public safety and the environment, and has no connection
with energy policy.
Author
The principal author of the proposed supplementary rule is Beth
Ransel, Field Manager for the Moab Field Office, Utah.
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 Utah
State Director, BLM, proposes to issue this supplementary rule for
public lands managed by the BLM in Utah, to read as follows:
V. Proposed Supplementary Rule
Definitions
Roped activities means activities that involve the use of ropes,
cables, climbing aids, webbing, or anchors, and includes, but is not
limited to, ziplining, highlining, slacklining, traditional rock
climbing, sport rock climbing, rappelling, and swinging.
Prohibited Acts
1. You must not participate in any roped activities on public lands
in the vicinity of Corona Arch or Gemini Bridges. This prohibition
includes, but is not limited to, the use of ropes, cables, climbing
aids, webbing, anchors, and similar devices.
Exemptions
The following persons are exempt from this supplementary rule: Any
Federal, State, local government officer or employee in the scope of
their duties; members of any organized law enforcement, rescue, or
firefighting force in performance of an official duty; and any persons,
agencies, municipalities or companies whose activities are authorized
in writing by the BLM.
Enforcement
Any person who violates this supplementary rule 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 Utah law.
Jenna Whitlock,
Bureau of Land Management, Acting State Director, Utah.
[FR Doc. 2016-26179 Filed 10-28-16; 8:45 am]
BILLING CODE 4310-DQ-P
