Notice of Final Supplementary Rule for Public Lands in the Moab Field Office in Grand County, Utah, 31268-31270 [2017-13891]
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unnecessary because EPA is under a
time limit to publish this withdrawal. It
was determined that this document is
not subject to the 30-day delay of
effective date generally required by 5
U.S.C. 553(d). This withdrawal must
become effective prior to the effective
date of the direct final rule being
withdrawn.
V. Statutory and Executive Order
Reviews
VI. Congressional Review Act (CRA)
Pursuant to the CRA (5 U.S.C. 801 et
seq.), EPA will submit a report
containing this rule and other required
information to the U.S. Senate, the U.S.
House of Representatives, and the
Comptroller General of the United
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804(2). Section 808 of the CRA allows
the issuing agency to make a rule
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good cause finding that notice and
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List of Subjects in 40 CFR Part 770
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Environmental protection,
Formaldehyde, Incorporation by
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Bureau of Land Management
43 CFR Part 8360
[17XL 1109AF LLUTY0100
L12200000.EA0000 24–1A]
Notice of Final Supplementary Rule for
Public Lands in the Moab Field Office
in Grand County, Utah
Bureau of Land Management,
Interior.
ACTION: Notification of final
supplementary rule.
AGENCY:
This document withdraws regulatory
requirements that have not gone into
effect. As such, the Agency has
determined that this withdrawal will
not have any adverse impacts, economic
or otherwise. The statutory and
Executive Order review requirements
applicable to the direct final rule being
withdrawn were discussed in the May
24, 2017 (82 FR 23735) Federal Register
document. Those review requirements
do not apply to this action because it is
a withdrawal and does not contain any
new or amended requirements.
Dated: June 28, 2017.
Louise P. Wise,
Acting Assistant Administrator, Office of
Chemical Safety and Pollution Prevention.
DEPARTMENT OF THE INTERIOR
The Bureau of Land
Management (BLM) is finalizing a
supplementary rule addressing
recreation on public lands in the
vicinity of Corona Arch and Gemini
Bridges in Grand County, Utah. The
supplementary rule prohibits 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, high-lining, slacklining,
traditional rock climbing, sport rock
climbing, rappelling, and swinging.
DATES: The supplementary rule is in
effect August 7, 2017.
ADDRESSES: You may direct inquiries by
letter to Christina Price, Field Office
Manager, Bureau of Land Management,
Moab Field Office, 82 East Dogwood
Avenue, Moab, UT 84532, or by email
to blm_ut_mb_mail@blm.gov. The final
supplementary rule is available for
inspection at the Moab Field Office and
on the Web site: https://www.blm.gov/
media/federal-register.
FOR FURTHER INFORMATION CONTACT:
Christina Price, Field Manager, 82 East
Dogwood Avenue, Moab, UT 84532,
435–259–2100, or blm_ut_mb_mail@
blm.gov. Persons who use a
telecommunications device for the deaf
(TDD) may call the Federal Relay
Service (FRS) at 1–800–877–8339 to
leave a message or question with the
above individual. The service is
available 24 hours a day, 7 days a week.
You will receive a reply during normal
business hours.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
The BLM is establishing a final
supplementary rule under the authority
of 43 CFR 8365.1–6, which allows State
Directors to establish supplementary
rules for the protection of persons,
property, and the public lands and
resources. This provision allows the
BLM to issue rules of less than national
effect without codifying the rules in the
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Code of Federal Regulations. This final
supplementary rule applies to 37 acres
of public lands managed by the Moab
Field Office. Maps of the management
area and boundaries can be obtained by
contacting the Moab Field Office or by
accessing the BLM’s ePlanning project
page (https://go.usa.gov/xkHY8). The
final supplementary rule will be
available for review at the Moab Field
Office.
In 2015, the BLM published a
temporary restriction on rope swinging
at Corona Arch and Gemini Bridges. In
2016, the BLM sought a permanent
restriction on rope swinging at the same
two locations. Through the National
Environmental Policy Act (NEPA)
process, the BLM identified the need to
establish a supplementary rule to
provide for visitor enjoyment and
protect public land resources at these
two locations. Corona Arch and Gemini
Bridges are two of the most popular
recreational destinations 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.
Approximately 40,000 visitors per
year come to the Corona Arch, and the
Gemini Bridges receives 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 from
below. In addition, the rock arches may
be damaged by ropes ‘‘sawing’’ on the
rock spans. The supplementary rule
currently in effect in the Moab Field
Office (81 FR 9498, Feb. 25, 2016) does
not address roped activities on the
affected arches, although the temporary
restriction (80 FR 27703, May 14, 2015)
is in effect until May 2017.
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 to 37.3 acres.
This final supplementary rule allows
for enforcement as a tool to minimize
the adverse effects of roped activities
within the affected areas. After the final
supplementary rule goes into effect, it
will be available for review in the Moab
Field Office, and will be announced
broadly through the news media and
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direct mail to the constituents included
on the Moab Field Office mailing list.
The rule will also be posted on signs at
main entry points to the affected areas.
jstallworth on DSK7TPTVN1PROD with RULES
II. Discussion of Public Comments
The BLM published the proposed
supplementary rule on October 31, 2016
(81 FR 75366). Thirty comment letters
were received during the 90-day public
comment period. Twenty-four of the
commenters expressed support for the
supplementary rule; six commenters
opposed the supplementary rule. No
changes to the final rule were made as
a result of the comments received.
Support for the final supplementary
rule banning roped activities near
Corona Arch and Gemini Bridges
focused upon allowing hikers to enjoy
the arches unfettered by swinging
activities. Commenters in favor of the
rule noted the temporary restriction had
allowed them to once again enjoy these
hikes; they favored making the
temporary restriction permanent.
Commenters in favor also noted the vast
majority of users of the arches
(approximately 99.8%) visit the arches
for their serenity and beauty.
The six commenters expressing
opposition to the rule cited a need for
less regulation of recreational activities.
These commenters noted that hikers
could go elsewhere. The BLM has not
revised the rule in response to these
comments. A permanent prohibition
against roped activities is in
conformance with the 2008 Moab
Resource Management Plan (RMP). See
https://eplanning.blm.gov/epl-frontoffice/eplanning/planAndProjectSite.
do?methodName=dispatchToPattern
Page¤tPageId=94940.
The Corona Arch area is within the
Goldbar Hiking Focus Area, which is
specifically managed to enhance hiking
opportunities. Decision REC–39 (page
90) states: ‘‘Manage the Corona Arch
Trail for hiking only.’’ Gemini Bridges is
within the Gemini Bridges/Poison
Spider Mesa Focus area. Decision REC–
39 states: ‘‘close the spur route to
Gemini Bridges to facilitate public use
and help restore damaged lands along
the spur route.’’ The RMP further
authorized the creation of a hiking route
to Gemini Bridges to facilitate public
use. In an effort to eliminate recreational
use conflicts on these iconic and high
use hiking trails, the BLM has chosen to
finalize the supplementary rule.
III. Procedural Matters
Executive Order 12866, Regulatory
Planning and Review
This supplementary rule is not a
significant regulatory action and is not
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subject to review by the Office of
Management and Budget under
Executive Order 12866. This
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
supplementary rule would not create a
serious inconsistency or otherwise
interfere with an action taken or
planned by another agency. This
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.
National Environmental Policy Act
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, and the Finding
of No Significant Impact (FONSI) and
Decision Record were signed on January
6, 2015. The permanent restriction on
roped activities was analyzed in EA
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
providing for the permanent restriction
was signed on May 5, 2016. Based on
the EA which analyzed the permanent
restriction, the BLM found that this
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). This supplementary rule
merely regulates conduct on 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 EAs, the
Decision Records, and the Findings of
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31269
No Significant Impact on file in the
BLM Administrative Record at the
address specified in the ADDRESSES
section.
Regulatory Flexibility Act
This final supplementary rule will not
have a significant economic effect on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.). 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 supplementary rule does
not pertain specifically to commercial or
governmental entities of any size, but to
public recreational use of specific
public lands.
Small Business Regulatory Enforcement
Fairness Act
This rule is not a major rule under 5
U.S.C. 804(2), the Small Business
Regulatory Enforcement Fairness Act.
This rule:
(a) Does not have an annual effect on
the economy of $100 million or more.
(b) Will not cause a major increase in
costs or prices for consumers,
individual industries, Federal, State, or
local government agencies, or
geographic regions.
(c) Does not have significant adverse
effects on competition, employment,
investment, productivity, innovation, or
the ability of U.S.-based enterprises to
compete with foreign-based enterprises
Unfunded Mandates Reform Act
This supplementary rule does not
impose an unfunded mandate on State,
local, or tribal governments of more
than $100 million per year; nor does it
have a significant or unique effect on
State, local, or tribal governments or the
private sector. This supplementary rule
does not require anything of State, local,
or tribal governments. A statement
containing the information required by
the Unfunded Mandates Reform Act, 2
U.S.C. 1531 et seq., is not required.
Executive Order 12630, Governmental
Actions and Interference With
Constitutionally Protected Property
Rights (Takings)
This rule does not effect a taking of
private property or otherwise have
taking implications under Executive
Order 12630. This supplementary rule is
not a government action capable of
interfering with constitutionally
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protected property rights. This
supplementary rule does not address
property rights in any form, and does
not cause the impairment of anybody’s
property rights. A takings implication
assessment is not required.
Effects on the Energy Supply (E.O.
13211)
FEDERAL COMMUNICATIONS
COMMISSION
This rule is not a significant energy
action under the definition in Executive
Order 13211. A Statement of Energy
Effects is not required.
47 CFR Part 90
Executive Order 13132, Federalism
Final Supplementary Rule
Under the criteria in section 1 of
Executive Order 13132, this rule does
not have sufficient federalism
implications to warrant the preparation
of a federalism summary impact
statement. This supplementary rule will
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. A federalism
summary impact statement is not
required.
Author
Executive Order 12988, Civil Justice
Reform
Roped activities means activities that
involve the use of ropes, cables,
climbing aids, webbing, or anchors, and
includes, but is not limited to, ziplining, high-lining, slack-lining,
traditional rock climbing, sport rock
climbing, rappelling, and swinging.
This rule complies with the
requirements of Executive Order 12988.
Specifically, this rule:
(a) Meets the criteria of section 3(a)
requiring that all regulations be
reviewed to eliminate errors and
ambiguity and be written to minimize
litigation; and
(b) Meets the criteria of section 3(b)(2)
requiring that all regulations be written
in clear language and contain clear legal
standards.
Executive Order 13175, Consultation
and Coordination With Indian Tribal
Governments
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Paperwork Reduction Act
This 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.
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Definitions
Prohibited Acts
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 Department of the Interior strives
to strengthen its government-togovernment relationship with Indian
tribes through a commitment to
consultation with Indian tribes and
recognition of their right to selfgovernance and tribal sovereignty. We
have evaluated this rule under the
Department’s consultation policy and
under the criteria in Executive Order
13175 and have determined that it has
no substantial direct effects on federally
recognized Indian tribes and that
consultation under the Department’s
tribal consultation policy is not
required.
VerDate Sep<11>2014
The principal author of this
supplementary rule is Christina Price,
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, establishes a
supplementary rule for public lands
managed by the BLM in Utah, to read
as follows:
The following persons are exempt
from this supplementary rule: Any
Federal, State, or 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.
Penalties
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.
Edwin L. Roberson,
State Director.
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Federal Communications
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effective date of those rules.
DATES: The amendments to 47 CFR
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66538, September 28, 2016, are effective
July 6, 2017.
FOR FURTHER INFORMATION CONTACT: John
A. Evanoff, Policy and Licensing
Division, Public Safety and Homeland
Security Bureau, at (202) 418–0848, or
email: john.evanoff@fcc.gov.
SUPPLEMENTARY INFORMATION: This
document announces that, on June 8,
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three years, the information collection
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Please include the OMB Control
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SUMMARY:
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]]>Agencies
[Federal Register Volume 82, Number 128 (Thursday, July 6, 2017)]
[Rules and Regulations]
[Pages 31268-31270]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13891]
=======================================================================
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 8360
[17XL 1109AF LLUTY0100 L12200000.EA0000 24-1A]
Notice of Final Supplementary Rule for Public Lands in the Moab
Field Office in Grand County, Utah
AGENCY: Bureau of Land Management, Interior.
ACTION: Notification of final supplementary rule.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Land Management (BLM) is finalizing a
supplementary rule addressing recreation on public lands in the
vicinity of Corona Arch and Gemini Bridges in Grand County, Utah. The
supplementary rule prohibits 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, zip-lining, high-
lining, slacklining, traditional rock climbing, sport rock climbing,
rappelling, and swinging.
DATES: The supplementary rule is in effect August 7, 2017.
ADDRESSES: You may direct inquiries by letter to Christina Price, Field
Office Manager, Bureau of Land Management, Moab Field Office, 82 East
Dogwood Avenue, Moab, UT 84532, or by email to blm_ut_mb_mail@blm.gov.
The final supplementary rule is available for inspection at the Moab
Field Office and on the Web site: https://www.blm.gov/media/federal-register.
FOR FURTHER INFORMATION CONTACT: Christina Price, Field Manager, 82
East Dogwood Avenue, Moab, UT 84532, 435-259-2100, or
blm_ut_mb_mail@blm.gov. Persons who use a telecommunications device for
the deaf (TDD) may call the Federal Relay Service (FRS) at 1-800-877-
8339 to leave a message or question with the above individual. The
service is available 24 hours a day, 7 days a week. You will receive a
reply during normal business hours.
SUPPLEMENTARY INFORMATION:
I. Background
The BLM is establishing a final supplementary rule under the
authority of 43 CFR 8365.1-6, which allows State Directors to establish
supplementary rules for the protection of persons, property, and the
public lands and resources. This provision allows the BLM to issue
rules of less than national effect without codifying the rules in the
Code of Federal Regulations. This final supplementary rule applies to
37 acres of public lands managed by the Moab Field Office. Maps of the
management area and boundaries can be obtained by contacting the Moab
Field Office or by accessing the BLM's ePlanning project page (https://go.usa.gov/xkHY8). The final supplementary rule will be available for
review at the Moab Field Office.
In 2015, the BLM published a temporary restriction on rope swinging
at Corona Arch and Gemini Bridges. In 2016, the BLM sought a permanent
restriction on rope swinging at the same two locations. Through the
National Environmental Policy Act (NEPA) process, the BLM identified
the need to establish a supplementary rule to provide for visitor
enjoyment and protect public land resources at these two locations.
Corona Arch and Gemini Bridges are two of the most popular recreational
destinations 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.
Approximately 40,000 visitors per year come to the Corona Arch, and
the Gemini Bridges receives 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 from below. In addition, the rock
arches may be damaged by ropes ``sawing'' on the rock spans. The
supplementary rule currently in effect in the Moab Field Office (81 FR
9498, Feb. 25, 2016) does not address roped activities on the affected
arches, although the temporary restriction (80 FR 27703, May 14, 2015)
is in effect until May 2017.
The legal descriptions of the affected public lands are:
Salt Lake Meridian
T. 25 S., R. 20 E., sec. 34, NW\1/4\ SW\1/4\, that part surrounding
Gemini Bridges.
T. 25 S., R. 21 E., sec. 32, SE\1/4\ SE\1/4\, that part surrounding
Corona Arch.
T. 26 S., R. 21 E., sec. 5, NE\1/4\, that part surrounding Corona
Arch.
The areas described aggregate to 37.3 acres.
This final supplementary rule allows for enforcement as a tool to
minimize the adverse effects of roped activities within the affected
areas. After the final supplementary rule goes into effect, it will be
available for review in the Moab Field Office, and will be announced
broadly through the news media and
[[Page 31269]]
direct mail to the constituents included on the Moab Field Office
mailing list. The rule will also be posted on signs at main entry
points to the affected areas.
II. Discussion of Public Comments
The BLM published the proposed supplementary rule on October 31,
2016 (81 FR 75366). Thirty comment letters were received during the 90-
day public comment period. Twenty-four of the commenters expressed
support for the supplementary rule; six commenters opposed the
supplementary rule. No changes to the final rule were made as a result
of the comments received.
Support for the final supplementary rule banning roped activities
near Corona Arch and Gemini Bridges focused upon allowing hikers to
enjoy the arches unfettered by swinging activities. Commenters in favor
of the rule noted the temporary restriction had allowed them to once
again enjoy these hikes; they favored making the temporary restriction
permanent. Commenters in favor also noted the vast majority of users of
the arches (approximately 99.8%) visit the arches for their serenity
and beauty.
The six commenters expressing opposition to the rule cited a need
for less regulation of recreational activities. These commenters noted
that hikers could go elsewhere. The BLM has not revised the rule in
response to these comments. A permanent prohibition against roped
activities is in conformance with the 2008 Moab Resource Management
Plan (RMP). See https://eplanning.blm.gov/epl-front-office/eplanning/planAndProjectSite.do?methodName=dispatchToPatternPage¤tPageId=94940.
The Corona Arch area is within the Goldbar Hiking Focus Area, which
is specifically managed to enhance hiking opportunities. Decision REC-
39 (page 90) states: ``Manage the Corona Arch Trail for hiking only.''
Gemini Bridges is within the Gemini Bridges/Poison Spider Mesa Focus
area. Decision REC-39 states: ``close the spur route to Gemini Bridges
to facilitate public use and help restore damaged lands along the spur
route.'' The RMP further authorized the creation of a hiking route to
Gemini Bridges to facilitate public use. In an effort to eliminate
recreational use conflicts on these iconic and high use hiking trails,
the BLM has chosen to finalize the supplementary rule.
III. Procedural Matters
Executive Order 12866, Regulatory Planning and Review
This 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 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 supplementary rule
would not create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency. This 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.
National Environmental Policy Act
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, and the Finding
of No Significant Impact (FONSI) and Decision Record were signed on
January 6, 2015. The permanent restriction on roped activities was
analyzed in EA 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 providing for the permanent restriction was signed on
May 5, 2016. Based on the EA which analyzed the permanent restriction,
the BLM found that this 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). This supplementary
rule merely regulates conduct on 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 EAs, the Decision Records, and
the Findings of No Significant Impact on file in the BLM Administrative
Record at the address specified in the ADDRESSES section.
Regulatory Flexibility Act
This final supplementary rule will not have a significant economic
effect on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.). 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
supplementary rule does not pertain specifically to commercial or
governmental entities of any size, but to public recreational use of
specific public lands.
Small Business Regulatory Enforcement Fairness Act
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. This rule:
(a) Does not have an annual effect on the economy of $100 million
or more.
(b) Will not cause a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions.
(c) Does not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S.-based enterprises to compete with foreign-based enterprises
Unfunded Mandates Reform Act
This supplementary rule does not impose an unfunded mandate on
State, local, or tribal governments of more than $100 million per year;
nor does it have a significant or unique effect on State, local, or
tribal governments or the private sector. This supplementary rule does
not require anything of State, local, or tribal governments. A
statement containing the information required by the Unfunded Mandates
Reform Act, 2 U.S.C. 1531 et seq., is not required.
Executive Order 12630, Governmental Actions and Interference With
Constitutionally Protected Property Rights (Takings)
This rule does not effect a taking of private property or otherwise
have taking implications under Executive Order 12630. This
supplementary rule is not a government action capable of interfering
with constitutionally
[[Page 31270]]
protected property rights. This supplementary rule does not address
property rights in any form, and does not cause the impairment of
anybody's property rights. A takings implication assessment is not
required.
Executive Order 13132, Federalism
Under the criteria in section 1 of Executive Order 13132, this rule
does not have sufficient federalism implications to warrant the
preparation of a federalism summary impact statement. This
supplementary rule will 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. A federalism summary impact statement is
not required.
Executive Order 12988, Civil Justice Reform
This rule complies with the requirements of Executive Order 12988.
Specifically, this rule:
(a) Meets the criteria of section 3(a) requiring that all
regulations be reviewed to eliminate errors and ambiguity and be
written to minimize litigation; and
(b) Meets the criteria of section 3(b)(2) requiring that all
regulations be written in clear language and contain clear legal
standards.
Executive Order 13175, Consultation and Coordination With Indian Tribal
Governments
The Department of the Interior strives to strengthen its
government-to-government relationship with Indian tribes through a
commitment to consultation with Indian tribes and recognition of their
right to self-governance and tribal sovereignty. We have evaluated this
rule under the Department's consultation policy and under the criteria
in Executive Order 13175 and have determined that it has no substantial
direct effects on federally recognized Indian tribes and that
consultation under the Department's tribal consultation policy is not
required.
Paperwork Reduction Act
This 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.
Effects on the Energy Supply (E.O. 13211)
This rule is not a significant energy action under the definition
in Executive Order 13211. A Statement of Energy Effects is not
required.
Final Supplementary Rule
Author
The principal author of this supplementary rule is Christina Price,
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,
establishes a supplementary rule for public lands managed by the BLM in
Utah, to read as follows:
Definitions
Roped activities means activities that involve the use of ropes,
cables, climbing aids, webbing, or anchors, and includes, but is not
limited to, zip-lining, high-lining, slack-lining, traditional rock
climbing, sport rock climbing, rappelling, and swinging.
Prohibited Acts
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, or 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.
Penalties
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.
Edwin L. Roberson,
State Director.
[FR Doc. 2017-13891 Filed 7-5-17; 8:45 am]
BILLING CODE 4310-DQ-P
