Final Supplementary Rules for Guffey Gorge in Park County, Colorado, 60320-60323 [2017-27413]

Download as PDF 60320 Federal Register / Vol. 82, No. 243 / Wednesday, December 20, 2017 / Rules and Regulations effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132. Also, this rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. If you believe this rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. ethrower on DSK3G9T082PROD with RULES E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this rule under Department of Homeland Security Management Directive 023–01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321–4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves a safety zone lasting less than two hours that would prohibit entry within 133 yards of a fireworks barge. It is categorically excluded from further review under paragraph 34(g) of Figure 2–1 of the Commandant Instruction. A Record of Environmental Consideration supporting this determination is available in the docket where indicated under ADDRESSES. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. VerDate Sep<11>2014 16:19 Dec 19, 2017 Jkt 244001 Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: ■ Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; and Department of Homeland Security Delegation No. 0170.1. 2. Add § 165.T05–0994 to read as follows: ■ permission to transit the area, the COTP and or designated representatives can be contacted at telephone number 410– 576–2693 or on Marine Band Radio VHF–FM channel 16 (156.8 MHz). The Coast Guard vessels enforcing this section can be contacted on Marine Band Radio VHF–FM channel 16 (156.8 MHz). If permission is granted, persons and vessels must comply with the instructions of the COTP or designated representative and proceed as directed while within the zone. (4) The U.S. Coast Guard may be assisted in the patrol and enforcement of the safety zone by Federal, State, and local agencies. (d) Enforcement period. This section will be enforced from 11 p.m. on December 31, 2017 through 1 a.m. on January 1, 2018. Dated: December 14, 2017. Michael W. Batchelder, Commander, U.S. Coast Guard, Acting Captain of the Port Maryland-National Capital Region. [FR Doc. 2017–27381 Filed 12–19–17; 8:45 am] BILLING CODE 9110–04–P § 165.T05–0994 Safety Zone; Spa Creek, Annapolis, MD. (a) Definitions. As used in this section: Captain of the Port means the Commander, U.S. Coast Guard Sector Maryland-National Capital Region. Designated representative means any Coast Guard commissioned, warrant, or petty officer who has been authorized by the Captain of the Port MarylandNational Capital Region to assist in enforcing the safety zone described in paragraph (b) of this section. (b) Location. The following area is a safety zone: All navigable waters of Spa Creek, within 133 yards of a fireworks barge in approximate position latitude 38°58′33.01″ N, longitude 076°28′58.00″ W, located at Annapolis, MD. All coordinates refer to North American Datum 83 (NAD 1983). (c) Regulations. The general safety zone regulations found in subpart C of this part apply to the safety zone created by this section. (1) All persons are required to comply with the general regulations governing safety zones found in § 165.23. (2) Entry into or remaining in this zone is prohibited unless authorized by the Captain of the Port (COTP) or designated representative. All vessels underway within this safety zone at the time it is implemented are to depart the zone. (3) Persons desiring to transit the area of the safety zone must first obtain authorization from the COTP or designated representative. To request PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 DEPARTMENT OF THE INTERIOR Bureau of Land Management 43 CFR Part 8360 [LLCOF02000.L12200000.DU0000–17X] Final Supplementary Rules for Guffey Gorge in Park County, Colorado Bureau of Land Management, Interior. ACTION: Final supplementary rules. AGENCY: The Bureau of Land Management (BLM) Royal Gorge Field Office is implementing supplementary rules to regulate certain activities on public lands within Guffey Gorge in Park County, Colorado. These supplementary rules are necessary to implement decisions found in the Guffey Gorge Management Plan approved on June 29, 2015, to provide for the protection of persons, property, and public lands and resources located within the 80-acre site. These supplementary rules will result in changes to some currently authorized activities related to the possession or use of alcohol, amplified music, vehicle parking, and visitors with dogs. DATES: These supplementary rules are effective January 19, 2018. ADDRESSES: You may send inquiries by mail or hand delivery to Linda Skinner, Outdoor Recreation Planner, BLM Royal Gorge Field Office, 3028 E. Main Street, SUMMARY: E:\FR\FM\20DER1.SGM 20DER1 Federal Register / Vol. 82, No. 243 / Wednesday, December 20, 2017 / Rules and Regulations ˜ Canon City, CO 81212. You may also send inquiries via email to rgfo_ comments@blm.gov (include ‘‘Final Supplementary Rules-Guffey Gorge’’ in the subject line). FOR FURTHER INFORMATION CONTACT: Linda Skinner, Outdoor Recreation Planner; see address in the ADDRESSES section of this notice; telephone (719) 269–8732. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Relay Service at 800–877–8339 to contact Linda Skinner during normal business hours. The Service is available 24 hours a day, seven days a week, to leave a message or question with the above individual. You will receive a reply during normal business hours. SUPPLEMENTARY INFORMATION: I. Background Guffey Gorge is an 80 acre tract of public land in Park County, Colorado. It is surrounded by private land with Park County Road 102 providing legal public access. Until ten years ago, recreational use of this area was light, and the area was used primarily by local residents for picnicking, hiking, and swimming. Recreational use of the area has increased significantly over the past five years, resulting in resource damage, user conflicts, and safety hazards for visitors and surrounding private landowners. In 2013, the BLM began the public process for developing a management plan for the 80 acre parcel to manage the increasing visitor use and associated issues. This process included presentations and site tours with the Rocky Mountain (formerly Front Range) Resource Advisory Council (RAC) and collaboration with stakeholders and concerned citizens. On August 11, 2014, the BLM initiated a 30-day public scoping period. Based on feedback received during this process, the BLM developed a proposed action and released a preliminary Environmental Assessment (EA) for a 30-day public review on November 20, 2014. The BLM incorporated comments into the Final EA and corresponding Decision Record, signed on June 29, 2015. ethrower on DSK3G9T082PROD with RULES II. Discussion of Public Comments and the Final Supplementary Rules The proposed supplementary rules were published in the Federal Register on June 1, 2016 (81 FR 35039). The BLM received three letters with comments during the 60-day comment period. One commenter supported a proposed fee; therefore, the comment was not relevant to the proposed supplementary rules. A second commenter submitted a general statement in support of controlling cars, VerDate Sep<11>2014 16:19 Dec 19, 2017 Jkt 244001 trash, and people in Guffey Gorge. In response to this comment, the concern for controlling cars supports the rule that prohibits parking a motor vehicle outside of designated parking areas. The trash issue was addressed through the Guffey Gorge Management Plan, approved on June 29, 2015, by creating a standard amenity site with trash collection; therefore, no revision to the rules was needed. The third commenter shared a story about her negative experience at Guffey Gorge. This commenter supports a strict ban on alcohol consumption while visiting Guffey Gorge. The comment was noted as supporting the rule prohibiting the possession or consumption of alcoholic beverages. These final supplementary rules implement certain decisions from the Guffey Gorge Management Plan on lands administered by the Royal Gorge Field Office. The planning area consists of approximately 80 acres of public lands within Park County, Colorado, in the following described townships: Park County, Colorado, Sixth Principal Meridian T. 15 S., R. 71 W, Section 4: SE1⁄4SE1⁄4 Section 9: NE1⁄4NE1⁄4 These final supplementary rules are needed to address significant public safety concerns and resource protection issues resulting from increased and unsafe public use on public lands known as Guffey Gorge. The authority for these supplementary rules is set forth at section 310 of the Federal Land Policy and Management Act (FLPMA), 43 U.S.C. 1740, and 43 CFR 8365.1–6. This notice, with a detailed map, will be posted at the Royal Gorge Field Office. These final supplementary rules will help the BLM achieve management objectives for the area in the following ways: • Supplementary rule number one prohibits possession and consumption of alcoholic beverages. As visitation at Guffey Gorge has increased, alcohol and drug use has also increased, leading to public health and safety concerns. This supplementary rule will help reduce disruptive behavior associated with alcohol use, improve public safety, and reduce litter in the area. • Supplementary rule number two prohibits visitors from parking a motor vehicle outside of designated parking areas. Visitor parking is limited at Guffey Gorge and frequently overflows onto the shoulder of Park County Road 102. Park County Road 102 is a narrow, two-lane road with limited visibility near the Guffey Gorge trailhead. Restricting parking to designated PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 60321 parking areas only is essential for public health and safety. • Supplementary rule number three requires animals brought into the area to be on a leash and under the control of a person, or otherwise physically restricted. This rule will help reduce problems associated with unrestrained dogs observed by staff in recent years. Currently, BLM regulations only require dogs to be restrained in developed recreation sites. Guffey Gorge is not a developed site, so existing BLM regulations do not apply. This supplementary rule will help reduce conflicts between visitors; reduce conflicts between domestic animals and wildlife; and control domestic animal waste. • Supplementary rule number four prohibits the operation of any device producing amplified sound, such as stereos, speakers, and public address systems. This supplementary rule will help restore opportunities for quiet recreational activities recognized as one of Guffey Gorge’s attributes. III. Procedural Matters Executive Order 12866, Regulatory Planning and Review These supplementary rules are not significant regulatory actions and not subject to review by the Office of Management and Budget under Executive Order 12866. These supplementary rules will not have an annual effect of $100 million or more on the economy. They will not adversely affect in a material way the economy; productivity; competition; jobs; environment; public health or safety; or State, local or tribal governments or communities. These supplementary rules do not create a serious inconsistency or otherwise interfere with an action taken or planned by another agency. These supplementary rules do not materially alter the budgetary effects of entitlements, grants, user fees, or loan programs or the rights or obligations of their recipients; nor do they raise novel legal or policy issues. These supplementary rules merely establish rules of conduct for public use of a limited area of public lands. National Environmental Policy Act During the National Environmental Policy Act (NEPA) review for the Guffey Gorge Management Plan, the BLM fully analyzed the substance of these supplementary rules in an EA, DOI– BLM–CO–200–2013–040 EA. The BLM signed the Decision Record for the EA on June 29, 2015, and found that these supplementary rules would not constitute a major Federal action E:\FR\FM\20DER1.SGM 20DER1 60322 Federal Register / Vol. 82, No. 243 / Wednesday, December 20, 2017 / Rules and Regulations significantly affecting the quality of the human environment under Section 102(2)(C) of NEPA (42 U.S.C. 4332(2)(C)). These supplementary rules merely establish rules of conduct for public use of a limited area of public lands in order to protect natural resources and public health and safety. Although some activities will be prohibited in the area, the area will still be open to other recreation uses. A detailed statement under NEPA is not required. The BLM has placed the EA and 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 of 1980 (RFA), as amended, 5 U.S.C. 601–612, to ensure that government regulations do not unnecessarily or disproportionately burden small entities. The RFA requires a regulatory flexibility analysis if a rule would have a significant economic impact, either detrimental or beneficial, on a substantial number of small entities. These supplementary rules will have no effect on business entities of any size. These supplementary rules merely impose reasonable restrictions on certain recreational activities on certain public lands to protect natural resources and the environment and human health and safety. Therefore, the BLM has determined under the RFA that these supplementary rules will not have a significant economic impact on a substantial number of small entities. ethrower on DSK3G9T082PROD with RULES Small Business Regulatory Enforcement Fairness Act These supplementary rules are not a ‘‘major rule’’ as defined at 5 U.S.C. 804(2). These supplementary rules merely impose reasonable restrictions on certain recreational activities on certain public lands to protect natural resources and the environment and human health and safety. These supplementary rules will not: (1) Have an annual effect on the economy of $100 million or more; (2) Cause a major increase in costs or prices for consumers; individual industries; Federal, State, or local agencies; or geographic regions; or (3) Have significant adverse effects on competition, employment, investment, productivity, or innovation; or on the ability of United States-based enterprises to compete with foreignbased enterprises in domestic and export markets. VerDate Sep<11>2014 16:19 Dec 19, 2017 Jkt 244001 Unfunded Mandates Reform Act These supplementary rules do not impose an unfunded mandate on the private sector; or State, local, or tribal governments of more than $100 million per year, nor will these supplementary rules have a significant or unique effect on State, local, or tribal governments or the private sector. These supplementary rules merely impose reasonable restrictions on certain recreational activities on certain public lands to protect natural resources and the environment and human health and safety. Therefore, the BLM is not required to prepare a statement containing the information required by the Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.). Executive Order 12630, Governmental Actions and Interference With Constitutionally Protected Property Rights (Takings) These supplementary rules do not constitute a government action capable of interfering with constitutionally protected property rights. These supplementary rules will not address property rights in any form, and will not cause the impairment of constitutionally protected property rights. Therefore, the BLM has determined that these supplementary rules will not cause a ‘‘taking’’ of private property or require further discussion of takings implications under this Executive Order. Executive Order 13132, Federalism These supplementary rules will not have a substantial direct effect on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. Therefore, in accordance with Executive Order 13132, the BLM has determined that these supplementary rules will not have sufficient Federalism implications to warrant preparation of a Federalism Assessment. Executive Order 12988, Civil Justice Reform Under Executive Order 12988, the BLM Colorado State Director has determined that these supplementary rules will not unduly burden the judicial system, and that they meet the requirements of Sections 3(a) and 3(b) (2) of the Order. Executive Order 13175, Consultation and Coordination With Indian Tribal Governments In accordance with Executive Order 13175, the BLM has found that these PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 supplementary rules do not include policies that have tribal implications, and will have no bearing on trust lands or on lands for which title is held in fee status by Indian Tribes or U.S. Government-owned lands managed by the Bureau of Indian Affairs. Information Quality Act In developing these supplementary rules, the BLM did not conduct or use a study, experiment or survey requiring peer review under the Information Quality Act (Section 515 of Pub. L. 106– 554). Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use These supplementary rules do not constitute a significant energy action. These supplementary rules will not have an adverse effect on energy supply, production, or consumption and have no connection with energy policy. Executive Order 13352, Facilitation of Cooperative Conservation In accordance with Executive Order 13352, the BLM has determined that these supplementary rules will not impede facilitating cooperative conservation; will take appropriate account of and consider the interests of persons with ownership or other legally recognized interests in land or other natural resources; will properly accommodate local participation in the Federal decision-making process; and will provide that the programs, projects, and activities are consistent with protecting public health and safety. Paperwork Reduction Act These supplementary rules do not contain information collection requirements that the Office of Management and Budget must approve under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501–3521. Author The principal author of these final supplementary rules is Linda Skinner, Outdoor Recreation Planner, BLM, Royal Gorge Field Office. For the reasons stated in the preamble, and under the authorities for supplementary rules found at 43 U.S.C. 1740 and 43 CFR 8365.1–6, the BLM Colorado State Director establishes supplementary rules for approximately 80 acres of public lands in Guffey Gorge, to read as follows: E:\FR\FM\20DER1.SGM 20DER1 Federal Register / Vol. 82, No. 243 / Wednesday, December 20, 2017 / Rules and Regulations Final Supplementary Rules for Guffey Gorge Prohibited Acts Unless otherwise authorized, the following acts are prohibited on all public lands, roads, trails, and waterways administered by the BLM within the Guffey Gorge Management Area: 1. You must not possess or consume alcoholic beverages; 2. You must not park a motor vehicle outside of designated parking areas; 3. You must not bring an animal into the area, unless the animal is on a leash not longer than six feet and secured to a fixed object or under control of a person, or is otherwise physically restricted at all times; and 4. You must not operate any device producing amplified sound such as a stereo, speaker, public address system, or other similar device. Exemptions The following persons are exempt from these supplementary rules: Any Federal, State, local and/or military persons acting within the scope of their duties; members of any organized rescue or fire-fighting force in performance of an official duty; or individuals expressly authorized by the BLM. Enforcement Any person who violates any of these supplementary rules may be tried before a United States Magistrate and fined in accordance with 18 U.S.C. 3571, imprisoned no more than 12 months under 43 U.S.C. 1733(a) and 43 CFR 8360.0–7, or both. In accordance with 43 CFR 8365.1–7, State or local officials may also impose penalties for violations of Colorado law. Gregory P. Shoop, Acting BLM Colorado State Director. [FR Doc. 2017–27413 Filed 12–19–17; 8:45 am] BILLING CODE 4310–JB–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration ethrower on DSK3G9T082PROD with RULES 49 CFR Part 395 Hours of Service; Electronic Logging Devices; Limited 90-Day Waiver for the Transportation of Agricultural Commodities Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notification; grant of waiver. AGENCY: VerDate Sep<11>2014 16:19 Dec 19, 2017 Jkt 244001 FMCSA grants a limited 90day waiver from the Federal hours-ofservice (HOS) regulations pertaining to electronic logging devices (ELDs) for the transportation of agricultural commodities as defined in the Federal Motor Carrier Safety Regulations (FMCSRs). The Agency takes this action in response to a waiver request from the National Pork Producers Council (NPPC) on behalf of eight organizations representing transporters of livestock and other agricultural commodities, as defined in the FMCSRs. The Agency has determined that the waiver is in the public interest and would likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption, based on the terms and conditions imposed. The waiver will also through notice and public comment, provide FMCSA with time to consider certain exemption applications from segments of the agricultural industry concerning the use of ELDs to document drivers’ hours of service and clarify applicability of the requirements and the need for certain carriers to begin using ELDs by the December 18, 2017, deadline. DATES: This waiver is applicable beginning December 18, 2017, and expires on March 18, 2018. FOR FURTHER INFORMATION CONTACT: Thomas L. Yager, Chief, Driver and Carrier Operations Division, Office of Bus and Truck Standards and Operations, Federal Motor Carrier Safety Administration, 1200 New Jersey Ave. SE, Washington, DC 20590. Email: MCPSD@dot.gov. Phone: (614) 942– 6477. SUPPLEMENTARY INFORMATION: SUMMARY: Legal Basis The Transportation Equity Act for the 21st Century (TEA–21) (Pub. L. 105– 178, 112 Stat. 107, June 9, 1998) provides the Secretary of Transportation (the Secretary) the authority to grant waivers from any of the FMCSRs issued under Chapter 313 of Title 49 of the United States Code or 49 U.S.C. 31136, to a person(s) seeking regulatory relief. (49 U.S.C. 31136(e), 31315(a)). The Secretary must make a determination that the waiver is in the public interest, and that it is likely to achieve a level of safety that is equivalent to, or greater than, the level of safety that would be obtained in the absence of the waiver. Individual waivers may be granted only for a specific unique, non-emergency event, for a period up to three months. TEA–21 authorizes the Secretary to grant waivers without requesting public comment, and without providing public notice. PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 60323 The Administrator of FMCSA has been delegated authority under 49 CFR 1.87(e) to carry out the functions vested in the Secretary by 49 U.S.C. chapter 311, subchapters I and III, relating to commercial motor vehicle programs and safety regulation. Background The FMCSA received an application for an exemption and waiver from the NPPC on behalf of eight organizations that represent transporters of livestock and other agricultural commodities. Notice of the request for exemption from the requirement that a motor carrier require each of its drivers to use an electronic logging device (ELD) no later than December 18, 2017, to record the driver’s hours-of-service (HOS), was published in the Federal Register on October 31, 2017 (82 FR 50358). Comments to that document were due by November 30, 2017 (www.regulations.gov, Docket FMCSA– 2017–0297). The NPPC focused on the impact of the ELD requirement on its members, given unique aspects of its industry, including ‘‘exposed incompatibilities between the HOS rules and the . . . industry . . . causing disruption . . . and endangering the health and welfare of . . . animals transported . . .’’ FMCSA has also received from the Agricultural Retailers Association (ARA) an exemption, waiver, and petition document dated October 25, 2017, requesting that transporters of agricultural commodities and farm supplies not be required to use ELDs during an exemption period. That exemption request has not yet been published for comment. While this waiver is issued in response to the application submitted by the NPPC, it also applies to other eligible motor carriers, including ARA members, to the extent they are handling agricultural commodities as defined under 49 CFR 395.2, as discussed in the Terms and Conditions of the Waiver section below. In addition to NPPC’s request, FMCSA received numerous inquiries from parties involved in the transport of agricultural commodities about the correct application of the HOS agricultural exception in 49 CFR 395.1(k)(1), leading to an ongoing review of the exception. FMCSA is considering providing new guidance on the agricultural exception in the near future. Safety Determination In an October 6, 2010, Federal Register document (75 FR 61626), FMCSA granted a limited 90-day waiver from the HOS requirements for the E:\FR\FM\20DER1.SGM 20DER1

Agencies

[Federal Register Volume 82, Number 243 (Wednesday, December 20, 2017)]
[Rules and Regulations]
[Pages 60320-60323]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27413]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Part 8360

[LLCOF02000.L12200000.DU0000-17X]


Final Supplementary Rules for Guffey Gorge in Park County, 
Colorado

AGENCY:  Bureau of Land Management, Interior.

ACTION:  Final supplementary rules.

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

SUMMARY:  The Bureau of Land Management (BLM) Royal Gorge Field Office 
is implementing supplementary rules to regulate certain activities on 
public lands within Guffey Gorge in Park County, Colorado. These 
supplementary rules are necessary to implement decisions found in the 
Guffey Gorge Management Plan approved on June 29, 2015, to provide for 
the protection of persons, property, and public lands and resources 
located within the 80-acre site. These supplementary rules will result 
in changes to some currently authorized activities related to the 
possession or use of alcohol, amplified music, vehicle parking, and 
visitors with dogs.

DATES: These supplementary rules are effective January 19, 2018.

ADDRESSES:  You may send inquiries by mail or hand delivery to Linda 
Skinner, Outdoor Recreation Planner, BLM Royal Gorge Field Office, 3028 
E. Main Street,

[[Page 60321]]

Ca[ntilde]on City, CO 81212. You may also send inquiries via email to 
[email protected] (include ``Final Supplementary Rules-Guffey 
Gorge'' in the subject line).

FOR FURTHER INFORMATION CONTACT:  Linda Skinner, Outdoor Recreation 
Planner; see address in the ADDRESSES section of this notice; telephone 
(719) 269-8732. Persons who use a telecommunications device for the 
deaf (TDD) may call the Federal Relay Service at 800-877-8339 to 
contact Linda Skinner during normal business hours. The Service is 
available 24 hours a day, seven days a week, to leave a message or 
question with the above individual. You will receive a reply during 
normal business hours.

SUPPLEMENTARY INFORMATION: 

I. Background

    Guffey Gorge is an 80 acre tract of public land in Park County, 
Colorado. It is surrounded by private land with Park County Road 102 
providing legal public access. Until ten years ago, recreational use of 
this area was light, and the area was used primarily by local residents 
for picnicking, hiking, and swimming. Recreational use of the area has 
increased significantly over the past five years, resulting in resource 
damage, user conflicts, and safety hazards for visitors and surrounding 
private landowners. In 2013, the BLM began the public process for 
developing a management plan for the 80 acre parcel to manage the 
increasing visitor use and associated issues. This process included 
presentations and site tours with the Rocky Mountain (formerly Front 
Range) Resource Advisory Council (RAC) and collaboration with 
stakeholders and concerned citizens. On August 11, 2014, the BLM 
initiated a 30-day public scoping period. Based on feedback received 
during this process, the BLM developed a proposed action and released a 
preliminary Environmental Assessment (EA) for a 30-day public review on 
November 20, 2014. The BLM incorporated comments into the Final EA and 
corresponding Decision Record, signed on June 29, 2015.

II. Discussion of Public Comments and the Final Supplementary Rules

    The proposed supplementary rules were published in the Federal 
Register on June 1, 2016 (81 FR 35039). The BLM received three letters 
with comments during the 60-day comment period. One commenter supported 
a proposed fee; therefore, the comment was not relevant to the proposed 
supplementary rules. A second commenter submitted a general statement 
in support of controlling cars, trash, and people in Guffey Gorge. In 
response to this comment, the concern for controlling cars supports the 
rule that prohibits parking a motor vehicle outside of designated 
parking areas. The trash issue was addressed through the Guffey Gorge 
Management Plan, approved on June 29, 2015, by creating a standard 
amenity site with trash collection; therefore, no revision to the rules 
was needed. The third commenter shared a story about her negative 
experience at Guffey Gorge. This commenter supports a strict ban on 
alcohol consumption while visiting Guffey Gorge. The comment was noted 
as supporting the rule prohibiting the possession or consumption of 
alcoholic beverages.
    These final supplementary rules implement certain decisions from 
the Guffey Gorge Management Plan on lands administered by the Royal 
Gorge Field Office. The planning area consists of approximately 80 
acres of public lands within Park County, Colorado, in the following 
described townships:

Park County, Colorado, Sixth Principal Meridian

T. 15 S., R. 71 W,
    Section 4: SE\1/4\SE\1/4\ Section 9: NE\1/4\NE\1/4\

    These final supplementary rules are needed to address significant 
public safety concerns and resource protection issues resulting from 
increased and unsafe public use on public lands known as Guffey Gorge. 
The authority for these supplementary rules is set forth at section 310 
of the Federal Land Policy and Management Act (FLPMA), 43 U.S.C. 1740, 
and 43 CFR 8365.1-6. This notice, with a detailed map, will be posted 
at the Royal Gorge Field Office.
    These final supplementary rules will help the BLM achieve 
management objectives for the area in the following ways:
     Supplementary rule number one prohibits possession and 
consumption of alcoholic beverages. As visitation at Guffey Gorge has 
increased, alcohol and drug use has also increased, leading to public 
health and safety concerns. This supplementary rule will help reduce 
disruptive behavior associated with alcohol use, improve public safety, 
and reduce litter in the area.
     Supplementary rule number two prohibits visitors from 
parking a motor vehicle outside of designated parking areas. Visitor 
parking is limited at Guffey Gorge and frequently overflows onto the 
shoulder of Park County Road 102. Park County Road 102 is a narrow, 
two-lane road with limited visibility near the Guffey Gorge trailhead. 
Restricting parking to designated parking areas only is essential for 
public health and safety.
     Supplementary rule number three requires animals brought 
into the area to be on a leash and under the control of a person, or 
otherwise physically restricted. This rule will help reduce problems 
associated with unrestrained dogs observed by staff in recent years. 
Currently, BLM regulations only require dogs to be restrained in 
developed recreation sites. Guffey Gorge is not a developed site, so 
existing BLM regulations do not apply. This supplementary rule will 
help reduce conflicts between visitors; reduce conflicts between 
domestic animals and wildlife; and control domestic animal waste.
     Supplementary rule number four prohibits the operation of 
any device producing amplified sound, such as stereos, speakers, and 
public address systems. This supplementary rule will help restore 
opportunities for quiet recreational activities recognized as one of 
Guffey Gorge's attributes.

III. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    These supplementary rules are not significant regulatory actions 
and not subject to review by the Office of Management and Budget under 
Executive Order 12866. These supplementary rules will not have an 
annual effect of $100 million or more on the economy. They will not 
adversely affect in a material way the economy; productivity; 
competition; jobs; environment; public health or safety; or State, 
local or tribal governments or communities. These supplementary rules 
do not create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency. These supplementary rules do 
not materially alter the budgetary effects of entitlements, grants, 
user fees, or loan programs or the rights or obligations of their 
recipients; nor do they raise novel legal or policy issues. These 
supplementary rules merely establish rules of conduct for public use of 
a limited area of public lands.

National Environmental Policy Act

    During the National Environmental Policy Act (NEPA) review for the 
Guffey Gorge Management Plan, the BLM fully analyzed the substance of 
these supplementary rules in an EA, DOI-BLM-CO-200-2013-040 EA. The BLM 
signed the Decision Record for the EA on June 29, 2015, and found that 
these supplementary rules would not constitute a major Federal action

[[Page 60322]]

significantly affecting the quality of the human environment under 
Section 102(2)(C) of NEPA (42 U.S.C. 4332(2)(C)). These supplementary 
rules merely establish rules of conduct for public use of a limited 
area of public lands in order to protect natural resources and public 
health and safety. Although some activities will be prohibited in the 
area, the area will still be open to other recreation uses. A detailed 
statement under NEPA is not required. The BLM has placed the EA and 
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 of 1980 (RFA), as 
amended, 5 U.S.C. 601-612, to ensure that government regulations do not 
unnecessarily or disproportionately burden small entities. The RFA 
requires a regulatory flexibility analysis if a rule would have a 
significant economic impact, either detrimental or beneficial, on a 
substantial number of small entities. These supplementary rules will 
have no effect on business entities of any size. These supplementary 
rules merely impose reasonable restrictions on certain recreational 
activities on certain public lands to protect natural resources and the 
environment and human health and safety. Therefore, the BLM has 
determined under the RFA that these supplementary rules will not have a 
significant economic impact on a substantial number of small entities.

Small Business Regulatory Enforcement Fairness Act

    These supplementary rules are not a ``major rule'' as defined at 5 
U.S.C. 804(2). These supplementary rules merely impose reasonable 
restrictions on certain recreational activities on certain public lands 
to protect natural resources and the environment and human health and 
safety. These supplementary rules will not:
    (1) Have an annual effect on the economy of $100 million or more;
    (2) Cause a major increase in costs or prices for consumers; 
individual industries; Federal, State, or local agencies; or geographic 
regions; or
    (3) Have significant adverse effects on competition, employment, 
investment, productivity, or innovation; or on the ability of United 
States-based enterprises to compete with foreign-based enterprises in 
domestic and export markets.

Unfunded Mandates Reform Act

    These supplementary rules do not impose an unfunded mandate on the 
private sector; or State, local, or tribal governments of more than 
$100 million per year, nor will these supplementary rules have a 
significant or unique effect on State, local, or tribal governments or 
the private sector. These supplementary rules merely impose reasonable 
restrictions on certain recreational activities on certain public lands 
to protect natural resources and the environment and human health and 
safety. Therefore, the BLM is not required to prepare a statement 
containing the information required by the Unfunded Mandates Reform Act 
(2 U.S.C. 1531 et seq.).

Executive Order 12630, Governmental Actions and Interference With 
Constitutionally Protected Property Rights (Takings)

    These supplementary rules do not constitute a government action 
capable of interfering with constitutionally protected property rights. 
These supplementary rules will not address property rights in any form, 
and will not cause the impairment of constitutionally protected 
property rights. Therefore, the BLM has determined that these 
supplementary rules will not cause a ``taking'' of private property or 
require further discussion of takings implications under this Executive 
Order.

Executive Order 13132, Federalism

    These supplementary rules will not have a substantial direct effect 
on the states, on the relationship between the national government and 
the states, or on the distribution of power and responsibilities among 
the various levels of government. Therefore, in accordance with 
Executive Order 13132, the BLM has determined that these supplementary 
rules will not have sufficient Federalism implications to warrant 
preparation of a Federalism Assessment.

Executive Order 12988, Civil Justice Reform

    Under Executive Order 12988, the BLM Colorado State Director has 
determined that these supplementary rules will not unduly burden the 
judicial system, and that they meet the requirements of Sections 3(a) 
and 3(b) (2) of the Order.

Executive Order 13175, Consultation and Coordination With Indian Tribal 
Governments

    In accordance with Executive Order 13175, the BLM has found that 
these supplementary rules do not include policies that have tribal 
implications, and will have no bearing on trust lands or on lands for 
which title is held in fee status by Indian Tribes or U.S. Government-
owned lands managed by the Bureau of Indian Affairs.

Information Quality Act

    In developing these supplementary rules, the BLM did not conduct or 
use a study, experiment or survey requiring peer review under the 
Information Quality Act (Section 515 of Pub. L. 106-554).

Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    These supplementary rules do not constitute a significant energy 
action. These supplementary rules will not have an adverse effect on 
energy supply, production, or consumption and have no connection with 
energy policy.

Executive Order 13352, Facilitation of Cooperative Conservation

    In accordance with Executive Order 13352, the BLM has determined 
that these supplementary rules will not impede facilitating cooperative 
conservation; will take appropriate account of and consider the 
interests of persons with ownership or other legally recognized 
interests in land or other natural resources; will properly accommodate 
local participation in the Federal decision-making process; and will 
provide that the programs, projects, and activities are consistent with 
protecting public health and safety.

Paperwork Reduction Act

    These supplementary rules do not contain information collection 
requirements that the Office of Management and Budget must approve 
under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3521.

Author

    The principal author of these final supplementary rules is Linda 
Skinner, Outdoor Recreation Planner, BLM, Royal Gorge Field Office.
    For the reasons stated in the preamble, and under the authorities 
for supplementary rules found at 43 U.S.C. 1740 and 43 CFR 8365.1-6, 
the BLM Colorado State Director establishes supplementary rules for 
approximately 80 acres of public lands in Guffey Gorge, to read as 
follows:

[[Page 60323]]

Final Supplementary Rules for Guffey Gorge

Prohibited Acts

    Unless otherwise authorized, the following acts are prohibited on 
all public lands, roads, trails, and waterways administered by the BLM 
within the Guffey Gorge Management Area:
    1. You must not possess or consume alcoholic beverages;
    2. You must not park a motor vehicle outside of designated parking 
areas;
    3. You must not bring an animal into the area, unless the animal is 
on a leash not longer than six feet and secured to a fixed object or 
under control of a person, or is otherwise physically restricted at all 
times; and
    4. You must not operate any device producing amplified sound such 
as a stereo, speaker, public address system, or other similar device.

Exemptions

    The following persons are exempt from these supplementary rules: 
Any Federal, State, local and/or military persons acting within the 
scope of their duties; members of any organized rescue or fire-fighting 
force in performance of an official duty; or individuals expressly 
authorized by the BLM.

Enforcement

    Any person who violates any of these supplementary rules may be 
tried before a United States Magistrate and fined in accordance with 18 
U.S.C. 3571, imprisoned no more than 12 months under 43 U.S.C. 1733(a) 
and 43 CFR 8360.0-7, or both. In accordance with 43 CFR 8365.1-7, State 
or local officials may also impose penalties for violations of Colorado 
law.

Gregory P. Shoop,
Acting BLM Colorado State Director.
[FR Doc. 2017-27413 Filed 12-19-17; 8:45 am]
 BILLING CODE 4310-JB-P
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