Proposed Supplementary Rules for Public Lands Managed by the Eastern Interior Field Office at the Fairbanks District Office Administrative Site, Fairbanks, Alaska, 55340-55343 [2017-25100]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Land Management

[Federal Register Volume 82, Number 223 (Tuesday, November 21, 2017)]
[Proposed Rules]
[Pages 55340-55343]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25100]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Part 8360

[17X LLAKF0000 L12200000.AL0000 LXSS002L0000]


Proposed Supplementary Rules for Public Lands Managed by the 
Eastern Interior Field Office at the Fairbanks District Office 
Administrative Site, Fairbanks, Alaska

AGENCY: Bureau of Land Management, Interior.

ACTION: Proposed supplementary rules.

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SUMMARY: The Bureau of Land Management (BLM) is proposing supplementary 
rules for all BLM-administered lands within the Fairbanks District 
Office administrative site. These proposed supplementary rules are 
necessary to enhance the safety of visitors, protect natural resources, 
improve recreation experiences and opportunities, and protect public 
health.

DATES: Interested parties may submit written comments regarding the 
proposed supplementary rules until January 22, 2018.

ADDRESSES: You may submit comments by mail, electronic mail, or hand-
delivery.
    Mail or Hand Delivery: Jeanie Cole, Fairbanks District Office, 222 
University Avenue, Fairbanks, AK 99709.
    Electronic mail: EasternInterior@blm.gov (include ``proposed 
supplementary rules'' in the subject line).

FOR FURTHER INFORMATION CONTACT: Jeanie Cole, Planning and 
Environmental Coordinator, Fairbanks District Office, 222 University 
Avenue, Fairbanks AK 99709, 907-474-2200, j05cole@blm.gov. People who 
use a telecommunications device for the deaf (TDD) may call the Federal 
Relay Service (FRS) at 1-800-877-8339 to contact the above individual.

SUPPLEMENTARY INFORMATION:

I. Public Comment Procedures

    You may mail, email, or hand-deliver comments to Jeanie Cole at the 
addresses listed above (See ADDRESSES). Written comments on the 
proposed supplementary rules should be specific and confined to issues 
pertinent to the proposed rules, and should explain the reason for any 
recommended change. Where possible, comments should reference the 
specific section or paragraph of the proposal that the commenter is 
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 those listed above (See ADDRESSES) 
or comments 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 for respondents, will be available for public review at the 
Fairbanks District Office listed in ADDRESSES during regular business 
hours (7:45 a.m. to 4:30 p.m., Monday through Friday, except Federal 
holidays). Before including your address, phone number, email address, 
or other personal identifying information in your comment, you should 
be aware that your comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask the BLM 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 Fairbanks District Office is located in a densely-developed, 
mixed residential/commercial area of Fairbanks, Alaska, on BLM-managed 
public lands within the Eastern Interior Field Office on the south bank 
of the Chena River. In addition to visiting the office, the public 
often uses the open space adjacent to the office building to picnic, 
walk dogs, or access the Chena River. Visitors encounter inconsistent 
rules regarding appropriate conduct at the Fairbanks District Office 
administrative site. This inconsistency hampers the BLM's ability to 
provide a safe visitor experience and minimize conflicts among users. 
The BLM is proposing these supplementary rules to establish a 
consistent set of rules for the Fairbanks District Office 
administrative site. Lack of BLM rules for the management of this 
administrative site prevents BLM Law Enforcement Rangers from enforcing 
prohibited acts that compromise public health and safety, such as open 
fires in proximity to office buildings, overnight/long-term occupancy, 
unattended domestic animals, and unattended vehicles and skateboarding. 
The highly urbanized nature of the Fairbanks District Office and its 
location in Class C-E airspace on final approach to Fairbanks 
International Airport, as well as the adjacent State Division of 
Forestry-Interagency Fire helipad, make some uses of public lands 
inappropriate, for example, operating aerial drones which currently 
prohibits drone operation over or immediately adjacent to neighboring 
Forestry helipads (14 CFR 107.43). In addition, enforcing State laws 
and/or Borough ordinances is administratively more difficult for BLM 
Law Enforcement Rangers than enforcing established BLM rules. The BLM 
is proposing to establish these supplementary rules under the authority 
of 43 CFR 8365.1-6, which authorizes BLM State Directors to establish 
supplementary rules for the protection of persons, property, and public 
lands and resources. There are currently no existing supplementary 
rules for the Fairbanks District Office administrative site. The 
administrative site is all property and lands encompassed within the 
land parcel owned/managed by the BLM at North Star Borough, legal 
address 222 University Avenue, Fairbanks, AK 99709, described as:

Fairbanks Meridian, Alaska

T. 1 S., R. 1 W.,
    Sec. 7, lots 63 and 69.

    The area described here aggregates 11.41 acres.

    You may obtain a map of the Fairbanks District Office 
administrative site in Fairbanks, Alaska, by contacting the office (see 
ADDRESSES) or by accessing the following Web site: https://eplanning.blm.gov/epl-front-office/eplanning/projectSummary.do?methodName=renderDefaultProjectSummary&projectId=71962
.

[[Page 55341]]

II. Discussion of Proposed Supplementary Rules

    In general, the BLM uses supplementary rules for permanent, site-
specific regulations where general BLM regulations do not meet the 
specific management needs of a site's unique characteristics. Most 
common, are rules for recreation areas or administrative sites, such as 
the Fairbanks District Office administrative site. Field Office or 
statewide rules are also occasionally established. These proposed 
supplementary rules would apply to 11.41 acres of public lands 
comprising the BLM Fairbanks District Office administrative site. These 
proposed rules address general public conduct and public safety 
concerns at the BLM facility. It is important to note that the rules 
addressing fishing, boating, and operation of aerial drones will be 
enforced only in relation to BLM-managed lands above the mean high 
water line of the Chena River. Nothing in these proposed rules would 
impart any new or special authority or jurisdiction to BLM Law 
Enforcement Rangers on or within the navigable waters of the State of 
Alaska or airspace managed by the Federal Aviation Administration. The 
proposed rule pertaining to hunting seeks to minimize conflicts with 
the Fairbanks District Office administrative site's year-round heavy 
use by employees, volunteers, school groups, contractors, and the 
general public (see map associated with this proposal at https://eplanning.blm.gov/epl-front-office/eplanning/projectSummary.do?methodName=renderDefaultProjectSummary&projectId=71962
). The proposed rule pertaining to trapping seeks to minimize conflict 
with the proposed dog off-leash area identified in proposed rule number 
12. During the drafting of these hunting and trapping rules, the BLM 
consulted with the Alaska Department of Fish and Game, which did not 
object. The Alaska Department of Fish and Game has closed the Chena 
River to beaver trapping downstream from its confluence with the Little 
Chena River by State trapping regulations, and the closure area 
encompasses the segment of the River's riparian corridor adjoining the 
BLM Fairbanks District Office administrative site.
    These proposed rules are broken down into three categories. 
Proposed supplementary rules 1, 3-7, 9-10, 12-13, and 15 parallel 
existing state laws or regulations and municipal ordinances that the 
BLM proposes to adopt in order to facilitate cooperation between BLM 
Law Enforcement Rangers and local or state authorities. Proposed 
supplementary rules 8, 14, 17-20, 22-23, and 26-27 are new. Proposed 
supplementary rules 2, 11, 16, 21, and 24-25 are not new, but would 
implement minor modifications or revisions to existing BLM regulations 
in order to be more enforceable and better applicable to the Fairbanks 
administrative site's particular urban environment.

IV. Procedural Matters

Executive Orders 12866 and 13563, Regulatory Planning and Review

    Executive Order 12866 provides that the Office of Information and 
Regulatory Affairs in the Office of Management and Budget will review 
all significant rules. These proposed supplementary rules are not a 
significant regulatory action and are not subject to review by the 
Office of Information and Regulatory Affairs under Executive Order 
12866.
    Executive Order 13563 reaffirms the principles of E.O. 12866 while 
calling for improvements in the nation's regulatory system to promote 
predictability, to reduce uncertainty, and to use the best, most 
innovative, and least burdensome tools for achieving regulatory ends. 
The executive order directs agencies to consider regulatory approaches 
that reduce burdens and maintain flexibility and freedom of choice for 
the public where these approaches are relevant, feasible, and 
consistent with regulatory objectives. E.O. 13563 emphasizes further 
that regulations must be based on the best available science and that 
the rulemaking process must allow for public participation and an open 
exchange of ideas. We have developed this rule in a manner consistent 
with these requirements.

Clarity of the Supplementary Rules

    We are required by Executive Orders 12866 (section 1 (b)(12)), 
12988 (section 3(b)(1)(B)), and 13563 (section 1(a)), and by the 
Presidential Memorandum of June 1, 1998, to write all rules in plain 
language. This means that each rule we publish must:
    (a) Be logically organized;
    (b) Use the active voice to address readers directly;
    (c) Use common, everyday words, and clear language rather than 
jargon;
    (d) Be divided into short sections and sentences; and
    (e) Use lists and tables wherever possible.
    If you feel that we have not met these requirements, send us 
comments by one of the methods listed in the ADDRESSES section. To 
better help the BLM revise the rule, your comments should be as 
specific as possible. For example, you should tell us the numbers of 
the sections or paragraphs that you find unclear, which sections or 
sentences are too long, the sections where you feel lists or tables 
would be useful, etc.

National Environmental Policy Act (NEPA)

    This rule does not constitute a major Federal action significantly 
affecting the quality of the human environment. A detailed statement 
under the National Environmental Policy Act of 1969 is not required 
because we reached a Finding of No Significant Impact (FONSI).
    Through an interdisciplinary review, the BLM Eastern Interior Field 
Office prepared an Environmental Assessment (DOI-BLM-AK-F020-2017-0006-
EA) and made it available on the BLM Eastern Interior Field Office 
ePlanning NEPA register for public inspection on February 14, 2017, 
along with a draft FONSI The EAand draft FONSI were also available for 
public review on the public BLM Web site for 30 days. A Decision Record 
to move forward with the proposed supplementary rule was signed March 
17, 2017. These documents are available online at https://eplanning.blm.gov/epl-front-office/eplanning/projectSummary.do?methodName=renderDefaultProjectSummary&projectId=71962
.

Regulatory Flexibility Act

    This 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.). These proposed supplementary rules merely 
establish rules of conduct for public use of specific public lands. 
Therefore, the BLM has determined that these proposed supplementary 
rules would not have a significant economic impact on a substantial 
number of small entities.

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.

[[Page 55342]]

    These rules merely establish rules of conduct for use of certain 
public lands and do not affect commercial or business activities of any 
kind.

Unfunded Mandates Reform Act

    This rule does not impose an unfunded mandate on State, local, or 
tribal governments, or the private sector of more than $100 million per 
year. The rule does not have a significant or unique effect on State, 
local, or tribal governments or the private sector. A statement 
containing the information required by the Unfunded Mandates Reform Act 
(2 U.S.C. 1531 et seq.) is not required.

Takings (E.O. 12630)

    This rule does not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630. These rules do 
not address property rights in any form, and do not cause the 
impairment of one's property rights. A takings implication assessment 
is not required.

Federalism (E.O. 13132)

    Under the criteria in section 1 of Executive Order13132, this rule 
does not have sufficient federalism implications to warrant the 
preparation of a federalism summary impact statement. These rules do 
not conflict with any Alaska State law or regulation. A federalism 
summary impact statement is not required.

Civil Justice Reform (E.O. 12988)

    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.

Consultation With Indian Tribes (E.O. 13175 and Departmental Policy)

    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. The rules do not affect Indian resource, religious, or 
property rights.

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.

Paperwork Reduction Act (44 U.S.C. 3501 et seq.)

    This rule does not contain information collection requirements, and 
a submission to the Office of Management and Budget under the Paperwork 
Reduction Act is not required.

Proposed Supplementary Rules

Author

    The principal author of these supplementary rules is Jonathan 
Priday, Bureau of Land Management Law Enforcement Ranger for the 
Eastern Interior Field Office.
    For the reasons stated in the preamble, and under the authority of 
43 CFR 8365.1-6, the BLM State Director proposes to establish 
supplementary rules for public lands managed by the BLM in Fairbanks, 
Alaska, to read as follows:

Definitions

    1. Brandish means to point, shake, or wave menacingly or to exhibit 
in an ostentatious manner.
    2. Camping 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.
    3. Command and control of an animal means that the animal returns 
immediately to and remains by the side of the handler in response to a 
verbal command. An animal is not under command and control if the 
animal approaches or remains within 10 feet of any person other than 
the handler, unless that person has communicated to the handler by 
spoken word or gesture that he or she consents to the presence of the 
animal.
    4. Explosives means any chemical compound, mixture, or device, the 
primary or common purpose of which is to function by explosion; the 
term includes, but is not limited to, dynamite and other high 
explosives, black powder, blasting caps, pellet powder, initiating 
explosives, detonators, safety fuses, squibs, detonating cord, igniter 
cord, and igniters. This includes, but is not limited to, all materials 
listed in the Attorney General of the United States' 2016 list of 
explosive materials published in the Federal Register (81 FR 80684).
    5. Firearm or other projectile shooting device means all firearms, 
air rifles, pellet and BB guns, spring guns, bows or crossbows 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.
    6. Motorized vehicle means a vehicle that is propelled by a motor 
or engine, such as a car, truck, off-highway vehicle, motorcycle, or 
snowmobile.
    7. Street legal vehicle means a motorized vehicle that meets 
standards and requirements identified in Alaska Administrative Code 
Title 13 and Alaska Statue 28--Motor Vehicles.
    8. Tether means to restrain an animal by tying to any object or 
structure by any means, including without limitation a chain, rope, 
cord, leash, or running line. Tethering does not include using a leash 
to walk an animal.
    9. Fairbanks District Office administrative site means the parcels 
located at Fairbanks Meridian, Alaska, T. 1 S., R. 1 W., sec. 7, lots 
63 and 69. The area described aggregates 11.41 acres.

Prohibited Acts

    Unless otherwise authorized by the BLM, the following actions are 
prohibited on lands included within the Fairbanks District Office 
administrative site:
    1. Operating, parking, or leaving unattended a motorized vehicle in 
violation of posted restrictions or limits or in such a manner or 
location to:
    a. Create a safety hazard;
    b. Interfere with other authorized users or uses;
    c. Obstruct or impede normal or emergency traffic movement;
    d. Interfere with or impede administrative activities;
    e. Interfere with the parking of other vehicles;
    f. Be in violation of Alaska State law or regulation;
    g. Park or occupy a parking space posted or marked for handicapped 
use or BLM employees without displaying official identification tag, 
plate, or permit;
    h. Operate, occupy, or park a vehicle other than in or on paved 
areas established for such use; or
    i. Operate, occupy, or park a non-street legal motorized vehicle;
    2. Possessing or using fireworks, Tannerite, ammonium nitrate,

[[Page 55343]]

ammonium perchlorate, and/or explosives;
    3. Carrying concealed weapons in violation of Alaska State law;
    4. Discharging or brandishing a firearm, projectile shooting 
device, or any implement capable of taking a human life, causing 
injury, or damaging property;
    5. Using, carrying, or brandishing weapons in violation of Alaska 
State and/or Federal law;
    6. Disorderly conduct as described in Alaska Statue 11.61.110;
    7. Indecent exposure as described in Alaska Statue 11.41.458 and/or 
11.41.460;
    8. Hunting or trapping;
    9. Fishing in violation of Alaska State law, rules, or regulations;
    10. Boating in violation of Alaska State regulation or law or U.S. 
Coast Guard regulation;
    11. Cutting or gathering green trees or parts or removing down or 
standing dead wood for any purpose;
    12. Failing to physically restrain pets or domestic animals at all 
times, unless the pet or animal is under the command and control of the 
handler and is located on the designated grassy or wooded waterfront 
north of the Fairbanks District Office building. Leashes may not exceed 
six (6) feet in length;
    13. Failing to prevent a pet from harassing, molesting, injuring, 
or killing humans, domesticated animals, wildlife, or livestock;
    14. Leaving unattended and/or tethered domestic animals, except for 
animals that are inside passenger vehicles;
    15. Failing to immediately remove or dispose of in a sanitary 
manner all pet, domestic animal, or human fecal matter or trash, 
garbage, or waste;
    16. Disposing of any grey or waste water;
    17. Starting or maintaining an open or camp fire;
    18. Launching or operating drones or other unmanned aerial 
vehicles;
    19. Unauthorized overnight occupancy, use, camping, or parking. 
Overnight is defined as anytime between the hours of 10 p.m. and 6 
a.m.;
    20. Accessing, using, or climbing any BLM buildings, 
infrastructure, or fenced areas. Except that the Fairbanks District 
Office Public Room is open and accessible to the public between the 
hours of 7:45 a.m. and 4:30 p.m. Monday through Friday, excluding 
Federal holidays and other days as directed by the BLM Alaska State 
Director;
    21. Unauthorized access or use of government-owned and BLM 
employee-owned vehicles;
    22. Using a skateboard, rollerblades, or hoverboard, in the 
building or use temporary ramps for these purposes;
    23. Requesting, encouraging, or demanding someone engage in 
criminal conduct, with the intent to facilitate or contribute to the 
commission of that crime;
    24. Use of a garbage dumpster without prior authorization from the 
BLM Authorized Officer;
    25. Placement of household or commercial waste in or adjacent to 
provided garbage cans;
    26. Leaving property unattended; or
    27. Generating noise exceeding 88 decibels at 88 feet distance.

Exemptions

    The following persons are exempt from these supplementary rules: 
Any Federal, State, local, and/or military employee acting within the 
scope of their duties; members of any organized rescue or fire-fighting 
force performing an official duty; and persons, agencies, 
municipalities, or companies holding an existing special-use permit and 
operating within the scope of their permit.

Enforcement

    Any person who violates any of these supplementary rules may be 
tried before a United States Magistrate and fined in accordance with 18 
U.S.C. 3571, imprisoned no more than 12 months under 43 U.S.C. 1733(a) 
and 43 CFR 8560.0-7, or both. In accordance with 43 CFR 8365.1-7, State 
or local officials may also impose penalties for violations of Alaska 
law.

Karen E. Mouritsen,
Acting State Director, Alaska.
[FR Doc. 2017-25100 Filed 11-20-17; 8:45 am]
 BILLING CODE 4310-JA-P