Notice of Proposed Supplementary Rules for Selected Public Lands in Gila, Maricopa, Pima, Pinal and Yavapai Counties, AZ, 49995-49998 [2020-16640]
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Federal Register / Vol. 85, No. 159 / Monday, August 17, 2020 / Proposed Rules
DEPARTMENT OF THE INTERIOR
SUPPLEMENTARY INFORMATION:
Bureau of Land Management
I. Public Comment Procedures
43 CFR Part 8365
General Notice Comments on Proposed
Supplementary Rules
[LLAZP00000.L122000000.
DF0000.LXSSA3610000]
Notice of Proposed Supplementary
Rules for Selected Public Lands in
Gila, Maricopa, Pima, Pinal and
Yavapai Counties, AZ
Bureau of Land Management,
Interior.
ACTION: Notice of proposed
supplementary rules.
AGENCY:
The Bureau of Land
Management (BLM) is proposing
supplementary rules on selected public
lands administered by the Hassayampa
and Lower Sonoran Field Offices. These
rules are needed in order to protect
public health and safety and to reduce
user conflicts within developed
recreation areas (or sites), including
recreational shooting sports sites. In
compliance with the John D. Dingell, Jr.
Conservation, Management, and
Recreation Act (Dingell Act), notice is
hereby given that for public safety, one
of the proposed supplementary rules
would close public lands within the
designated Hazardous Exclusion Area at
each recreational shooting sports site to
public entry, including entry for
hunting, fishing, and recreational
shooting activities. These proposed
closures are necessary to ensure public
safety adjacent to shooting facilities.
DATES: Interested parties may submit
written comments regarding the
proposed supplementary rules no later
than October 16, 2020.
ADDRESSES: You may submit comments
by any of the following methods:
D BLM National Environmental Policy
Act website: https://go.usa.gov/xmfVv.
D Mail: BLM, Phoenix District Office,
Attention: Tyler Lindsey, 21605 North
7th Avenue, Phoenix, AZ 85027.
FOR FURTHER INFORMATION CONTACT: John
(Jake) Szympruch, District Chief Law
Enforcement Ranger at email:
jszympru@blm.gov; Lane Cowger,
Hassayampa Field Office Manager at
email: lcowger@blm.gov; or Edward J.
Kender, Lower Sonoran Field Office
Manager at email: ekender@blm.gov; or
at 623–580–5500. Persons who use a
telecommunications device for the deaf
(TDD) may call the Federal Relay
Service (FRS) at 1–800–877–8339 to
contact one of the above individuals.
The FRS is available 24 hours a day, 7
days a week, to leave a message or
question. You will receive a reply
during normal business hours.
SUMMARY:
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You may mail comments to Tyler
Lindsey, or comment directly online at
the addresses listed above (See
ADDRESSES). Written comments on the
proposed supplementary rules should
be specific, 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 on Proposed Closure
Under the Dingell Act (16 U.S.C. 7913
(b)(2)(A)), and in compliance with 43
CFR 8364.1, the BLM is required to
consider public comments when
closures are proposed and would affect
hunting, fishing, and recreational
shooting on public lands. Within
developed recreation areas where the
primary purpose is recreational
shooting, a designated Hazardous
Exclusion Area where errant/ricochet
projectiles could potentially land has
been delineated based on geospatial
review of topographic features and in
coordination with the Arizona Game
and Fish Department. Each Hazardous
Exclusion Area proposed for closure is
the smallest area required for public
safety adjacent to shooting facilities and
would remain closed for as long as the
recreational shooting sports site is
available for public use. Proposed
supplementary rule 13 would prohibit
entry into the Hazardous Exclusion
Areas.
This notice announces the beginning
of the 60-day comment period for the
proposed closure of public lands within
Hazardous Exclusion Areas to all entry,
whereby comments on impacts to
hunting, fishing, and recreational
shooting are being accepted by the BLM.
Following the public comment period,
the BLM will respond in a reasonable
manner to the comments received, will
explain how significant issues were
resolved, and will issue a final decision
on the proposed closure made available
online at: https://go.usa.gov/xmfVv.
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49995
Comments, including names, street
addresses, and other contact
information for respondents, will be
available for public review at the
Phoenix District Office, 21605 North 7th
Avenue, Phoenix, AZ 85027, listed in
ADDRESSES, during regular business
hours (8 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
us in your comment to withhold your
personal identifying information from
public review, we cannot guarantee that
we will be able to do so.
II. Background
These proposed supplementary rules
are necessary for the protection of
public lands and resources and for the
protection, well-being, and health and
safety of those using public lands.
Proposed supplementary rules 1
through 4 would apply to existing
developed recreation areas throughout
the Phoenix District Office, and to
future developed recreation areas. The
rest of the proposed supplementary
rules would apply only to the
recreational shooting sports sites and
any future recreational shooting sports
sites within the district.
In January 2020, the BLM Phoenix
District Office approved the
construction of five recreational
shooting sports sites (Baldy Mountain,
Box Canyon, Church Camp Road,
Narramore Road, and Saddleback
Mountain) in the Recreational Shooting
Sports Project Final Environmental
Assessment (EA). The EA was in
conformance with the two applicable
land use plans, the BradshawHarquahala Approved Resource
Management Plan and Record of
Decision (Bradshaw-Harquahala RMP
(BLM 2010)) and the Lower Sonoran
Approved Resource Management Plan
and Record of Decision (Lower Sonoran
RMP (BLM 2012)). As a result of
improvements, each site would meet the
‘‘developed recreation site and area’’
definition found in 43 Code of Federal
Regulations (CFR) 8360.0–5. Existing
rules associated with developed
recreation sites and areas (43 CFR 8365)
would apply in addition to these
proposed supplementary rules.
To promote safe use and operation of
each site, supplementary rules of
conduct would be needed to manage
behavior. Within developed recreation
areas established for recreational
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Federal Register / Vol. 85, No. 159 / Monday, August 17, 2020 / Proposed Rules
shooting sports, the discharge of
firearms would be allowed where
authorized (see 43 CFR 8365.2–5). Each
recreation area would be posted with
appropriate signage at access points.
Immediately adjacent to shooting
facilities (facility area) would be a
designated Hazardous Exclusion Area.
Each Hazardous Exclusion Area is
required for public safety and would be
enclosed within a perimeter fence.
Given the complexity of the terrain and
uncertainties about where the actual
fence line will be constructed, the BLM
estimates 539 acres of public lands
would be closed to public entry, as
depicted on maps found at https://
go.usa.gov/xmfVv. The combination of
the shooting facility area and the
Hazardous Exclusion Area defines the
boundary of the recreational shooting
sports site. Appropriate warning signage
would be installed and maintained.
III. Discussion of Proposed
Supplementary Rules
Proposed supplementary rules 1
through 4 would apply to all developed
recreation areas and sites within the
Phoenix District boundary. In addition
to supplementary rules 1 through 4,
supplementary rules 5 through 16
would apply within recreational
shooting sports sites.
Supplementary Rule 1 would prevent
activities that would impede access to
or through areas (or sites). The proposed
rule is similar to an existing rule for
National Forest System roads and trails
found at 36 CFR 261.12(d)).
Supplementary Rule 2 would prevent
improper disposal of pet waste, in a
manner consistent with Pima County
Code 7.29.030, which requires
responsible storage and disposal of solid
waste, and provides for hygiene, health,
and safety for users.
Supplementary Rule 3 would address
user conduct in a manner consistent
with Arizona Revised Statue (ARS) 13–
2904 describing ‘‘Disorderly conduct.’’
Supplementary Rule 4 would
combine existing regulations to protect
wildlife, livestock, and vegetation from
recreational shooting within developed
recreation areas and sites.
Supplementary Rule 5 would limit
the potential for personal property to be
left behind by the public, unless
authorized. The existing rule for
developed recreation sites or areas
found at 43 CFR 8365.2–3 limits leaving
personal property to 24 hours or less in
developed picnic day-use areas or 72
hours or less in developed camping
areas. The proposed rule would be more
restrictive and is needed to address
recreational shooting sports sites
specifically.
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Supplementary Rule 6 would prohibit
firearm discharge while any individual
is in front of the designated firing line
to protect public, contractor, volunteer,
and BLM employee safety.
Supplementary Rule 7 would address
drug and/or alcohol related concerns
within recreational shooting sports sites
for the purpose of public health and
safety. Existing supplementary rules
only address underage drinking and
open containers of alcohol while
operating or riding on/in motor
vehicles.
Supplementary Rule 8 would
establish hours of operation for
recreational shooting sports sites in the
operating plans. Site hours would be
posted at the site and on the agency’s
website and would depend on time of
year and type of use. Flexibility in
operating times are needed to
appropriately enforce times of use.
Supplementary Rule 9 would prohibit
climbing on buildings or structures,
unless authorized, to protect public
safety.
Supplementary Rule 10 would limit
the use of targets, as established through
the operating plan and as posted at each
site, for the purpose of managing
shooting related waste.
Supplementary Rule 11 would restrict
the public from impeding recreational
target shooting and provide the ability
to manage sites for their intended use.
Supplementary Rule 12 would limit
the use of ammunition as established
through the operating plan, and as
posted at each site and on the agency’s
website, for the purpose of promoting
safe shooting practices and managing
shooting related waste.
Supplementary Rule 13 would
prohibit access into the Hazardous
Exclusion Areas to avoid projectile or
ricochet concerns and promote public
safety. The Hazardous Exclusion Areas
will be posted with appropriate signage.
Supplementary Rule 14 would restrict
the direction of firearm discharge into
appropriate backstops to reduce
resource damage and to protect public,
contractor, volunteer, and BLM
employee safety.
Supplementary Rule 15 would
establish site capacity user limits
through the operating plan and as
posted. The limiting of the number of
users would provide for user safety.
Supplementary Rule 16 would align
with a local shooting range policy by
stating that children under the age of 16
must be accompanied by a responsible
adult within the recreational shooting
sports site for the purpose of promoting
safety.
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IV. Procedural Matters
Executive Orders 12866 and 13563,
Regulatory Planning and Review
These proposed supplementary rules
are not a significant regulatory action
and are not subject to review by the
Office of Management and Budget under
Executive Order 12866. These proposed
supplementary rules would not have an
effect of $100 million or more on the
economy.
These proposed supplementary rules
would establish rules for recreational
shooting sports sites to protect public
health and safety and avoid user
conflicts. These proposed
supplementary rules 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. These
proposed supplementary rules would
not create a serious inconsistency or
otherwise interfere with an action taken
or planned by another agency. These
proposed supplementary rules do not
alter the budgetary effects of
entitlements, grants, user fees, or loan
programs or the right or obligations of
their recipients, nor do these rules raise
novel legal or policy issues. These
proposed supplementary rules protect
resources and human health and safety,
and enable BLM law enforcement
personnel to efficiently enforce, where
appropriate, regulations pertaining to
unlawful usage of a recreation area (or
site) in a manner consistent with state
and local laws, ordinances, regulations,
or orders on public lands.
Clarity of the Supplementary Rules
Executive Order 12866 requires each
agency to write regulations that are
simple and easy to understand. The
BLM invites your comments on how to
make these proposed supplementary
rules easier to understand, including
answers to questions such as the
following:
(1) Are the requirements in the
proposed supplementary rules clearly
stated?
(2) Do the proposed supplementary
rules contain technical language or
jargon that interferes with their clarity?
(3) Does the format of the proposed
supplementary rules (grouping and
order of sections, use of headings,
paragraphing, etc.) aid or reduce their
clarity?
(4) Would the proposed
supplementary rules be easier to
understand if they were divided into
more (but shorter) sections?
(5) Is the description of the proposed
supplementary rules in the
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SUPPLEMENTARY INFORMATION section of
this preamble helpful to your
understanding of the proposed
supplementary rules? How could this
description be more helpful in making
the proposed supplementary rules easier
to understand?
Please send any comments you have
on the clarity of the proposed
supplementary rules to an address
specified in the ADDRESSES section.
National Environmental Policy Act
(NEPA)
The BLM prepared an EA and found
that these proposed supplementary
rules do not constitute a major Federal
action significantly affecting the quality
of the human environment under
Section 102(2)(C) of the National
Environmental Policy Act of 1969
(NEPA), 42 U.S.C. 4332(2)(C). The BLM
completed a 30-day scoping period and
a 15-day public review of the draft EA
in 2019.
The BLM completed the EA to
analyze the construction and operation
of the recreational shooting sports sites
which included the proposed
supplementary rules. The Decision
Record for this EA was signed in
January 2020. The BLM has placed the
EA and associated documents in the
administrative record at the addresses
specified in the ADDRESSES section.
Regulatory Flexibility Act
Congress enacted the Regulatory
Flexibility Act of 1980 (RFA), as
amended, 5 U.S.C. 601, et seq., to ensure
that Government regulations do not
unnecessarily or disproportionately
burden small entities. The RFA requires
a regulatory flexibility analysis if a rule
has a significant economic impact,
either detrimental or beneficial, on a
substantial number of small entities.
These proposed supplementary rules do
not pertain specifically to commercial or
governmental entities of any size but
contain rules to protect the health and
safety of the public and reduce user
conflicts on public lands within the
Hassayampa and Lower Sonoran Field
Office areas. Therefore, the BLM has
determined, under the RFA, that these
proposed supplementary rules do not
have a significant economic impact on
a substantial number of small entities.
Small Business Regulatory Enforcement
Fairness Act
These proposed supplementary rules
do not constitute ‘‘major rules’’ as
defined at 5 U.S.C. 804(2). These
proposed supplementary rules are
intended to manage behavior and
establish rules of conduct in developed
recreation areas (or sites) within the
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Hassayampa and Lower Sonoran Field
Office areas. These proposed
supplementary rules would have no
effect on business, commercial, or
industrial use of the public lands.
Unfunded Mandates Reform Act
These proposed supplementary rules
do not impose an unfunded mandate on
state, local, or tribal governments or the
private sector of more than $100 million
per year, nor do the proposed
supplementary rules have a significant
or unique effect on state, local, or tribal
governments or the private sector. The
proposed supplementary rules do not
require anything of state, local, or tribal
governments. Therefore, the BLM is not
required to prepare a statement
containing the information required by
the Unfunded Mandates Reform Act (2
U.S.C. 1531, et seq.).
Executive Order 12630, Governmental
Actions and Interference With
Constitutionally Protected Property
Rights (Takings)
These proposed supplementary rules
do not represent a government action
capable of interfering with
constitutionally protected property
rights. These proposed supplementary
rules do not address property rights in
any form and do not cause the
impairment of anyone’s property rights.
Therefore, the BLM has determined that
these proposed supplementary rules do
not cause a taking of private property or
require further discussion of takings
implications under this executive order.
Executive Order 13132, Federalism
These proposed supplementary rules
would not have a substantial, direct
effect on the states, on the relationship
between the Federal government and
the states, or on the distribution of
power and responsibilities among the
various levels of government. These
proposed supplementary rules apply in
only one state, Arizona, and do not
address jurisdictional issues involving
the Arizona State government.
Therefore, in accordance with Executive
Order 13132, the BLM has determined
that these proposed supplementary
rules do not have sufficient federalism
implications to warrant preparation of a
Federalism Assessment.
Executive Order 12988, Civil Justice
Reform
Under Executive Order 12988, the
BLM has determined that these
proposed supplementary rules would
not unduly burden the judicial system
and that the rules meet the requirements
of sections 3(a) and 3(b)(2) of Executive
Order 12988.
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49997
Executive Order 13175, Consultation
and Coordination With Indian Tribal
Governments
In accordance with Executive Order
13175, the BLM has found that these
proposed supplementary rules do not
include policies that have tribal
implications and would have no bearing
on trust lands or on lands for which title
is held in fee status by Indian tribes or
U.S. Government-owned lands managed
by the Bureau of Indian Affairs. Since
these proposed supplementary rules do
not change BLM policy and do not
involve Indian reservation lands or
resources, we have determined that the
government-to-government
relationships remain unaffected. These
proposed supplementary rules affect
developed recreation areas (or sites),
including recreational shooting sports
sites on public lands managed by the
BLM Hassayampa and Lower Sonoran
Field Offices.
Executive Order 13352, Facilitation of
Cooperative Conservation
Under Executive Order 13352, the
BLM has determined that these
proposed supplementary rules would
not impede the facilitation of
cooperative conservation. These
proposed supplementary rules would
take appropriate account of, and
consider the interests of, persons with
ownership or other legally recognized
interests in land or other natural
resources; properly accommodate local
participation in the Federal decisionmaking process; and provide that the
programs, projects, and activities are
consistent with protecting public health
and safety.
Information Quality Act
In developing these proposed
supplementary rules, the BLM did not
conduct or use a study, experiment, or
survey requiring peer review under the
Information Quality Act (Section 515 of
Pub. L. 106–554).
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
The proposed supplementary rules do
not constitute a significant energy action
since they have no impact on energy
supplies, production, or consumption,
and have no connection with energy
policy.
Paperwork Reduction Act
These proposed supplementary rules
do not contain information collection
requirements that the Office of
Management and Budget must approve
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Federal Register / Vol. 85, No. 159 / Monday, August 17, 2020 / Proposed Rules
under the Paperwork Reduction Act, 44
U.S.C. 3501, et seq.
Proposed Supplementary Rules
Author
The principal author of these
proposed supplementary rules is Tyler
Lindsey, Project Manager, Phoenix
District Office, Bureau of Land
Management.
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 Arizona State
Director, BLM, proposes to establish the
following supplementary rules for all
BLM developed recreation sites and
areas, in addition to supplementary
rules specific to recreational shooting
sports sites, within the Phoenix District
boundary, Arizona, to read as follows:
Definitions
Developed recreation sites and areas,
as defined by 43 CFR 8360.0–5(c),
means sites and areas that contain
structures of capital improvements
primarily used by the public for
recreation purposes.
Hazardous Exclusion Area means a
designated area within a recreational
shooting sports site where errant/
ricochet projectiles could potentially
land.
Recreational shooting sports site
means a developed recreation site or
area meeting the definition found at 43
CFR 8360.0–5(c) and where the primary
purpose is recreational shooting.
Rules and Prohibited Acts Within
Developed Recreation Sites and Areas
(1) You must not block, restrict, place
signs, create a hazardous condition, or
otherwise interfere with the use of a
road, gate, or other legal access to and/
or through a developed recreation site or
area boundary.
(2) You must pick up and properly
dispose of pet excrement.
(3) You must not engage in disorderly
conduct as described in Arizona
Revised Statute 13–2904.
(4) You must not shoot at wildlife,
livestock, or vegetation.
Rules and Prohibited Acts Within
Recreational Shooting Sports Sites
In addition to the preceding
supplementary rules, the following rules
would apply within a recreational
shooting sports site:
(5) You must not leave any personal
property unattended within a site.
(6) You must not discharge a firearm
while an individual is past the
designated firing line.
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(7) You must not use, possess,
consume, or be under the influence of
alcohol or controlled substances.
(8) You must not use a site during the
restricted times outlined in the
operating plan, posted at each site, and
listed on the agency’s website.
(9) You must not climb on any
buildings or structures, occupied or
unoccupied.
(10) You must only use authorized
targets as outlined in the operating plan
and as posted at each site.
(11) You must not enter a site for any
purpose other than activities associated
with recreational shooting.
(12) You must only use authorized
ammunition as outlined in the operating
plan, posted at each site, and listed on
the agency’s website.
(13) You must not enter the
Hazardous Exclusion Areas.
(14) You must discharge a firearm
only from a designated firing line and
into developed backstops and berms.
(15) You must not exceed the
maximum occupancy posted at each
site.
(16) Children under 16 must be
accompanied by a responsible adult
while in a site.
Exemptions
The following persons would be
exempt from the proposed
supplementary rules: Any Federal, state,
local, and/or military employee acting
within the scope of their duties;
members of any organized rescue or firefighting force performing an official
duty; and persons, agencies,
municipalities, or companies holding an
existing special-use permit or written
authorization from an authorized officer
and operating within the scope of their
permit or authorization.
Penalties
On public lands under section 303(a)
of the Federal Land Policy and
Management Act of 1976 (43 U.S.C.
1733(a) and 43 CFR 8360.0–7), any
person who violates any of these
supplementary rules may be tried before
a United States Magistrate and fined no
more than $1,000, imprisoned for no
more than 12 months, or both. Such
violations may also be subject to
enhanced fines provided for by 18
U.S.C. 3571.
Raymond Suazo,
Bureau of Land Management, State Director,
Arizona.
[FR Doc. 2020–16640 Filed 8–14–20; 8:45 am]
BILLING CODE 4310–32–P
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FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 20
[GN Docket No. 13–111, DA 20–791, FRS
16977]
Promoting Technological Solutions To
Combat Contraband Wireless Device
Use in Correctional Facilities
Federal Communications
Commission.
ACTION: Proposed rule.
AGENCY:
In this document, the
Wireless Telecommunications Bureau
(Bureau) seeks to refresh the record on
the proposals and questions raised in
the Further Notice of Proposed
Rulemaking (Further Notice) in GN
Docket No. 13–111, FCC 17–25, released
on March 24, 2017, and invite
additional comment on the successes
and ongoing challenges of currently
employed solutions and those under
further review and development.
DATES: Interested parties may file
comments on or before September 16,
2020; and reply comments on or before
October 1, 2020.
ADDRESSES: You may submit comments,
identified by GN Docket No. 13–111, by
any of the following methods:
• Electronic Filers: Comments may be
filed electronically using the internet by
accessing the ECFS: https://www.fcc.gov/
ecfs/.
• Paper Filers: Parties who choose to
file by paper must file an original and
one copy of each filing. If more than one
docket or rulemaking number appears in
the caption of this proceeding, filers
must submit two additional copies for
each additional docket or rulemaking
number.
Filings can be sent by commercial
overnight courier, or by first-class or
overnight U.S. Postal Service mail. All
filings must be addressed to the
Commission’s Secretary, Office of the
Secretary, Federal Communications
Commission.
• Commercial overnight mail (other
than U.S. Postal Service Express Mail
and Priority Mail) must be sent to 9050
Junction Drive, Annapolis Junction, MD
20701.
• U.S. Postal Service first-class,
Express, and Priority mail must be
addressed to 445 12th Street SW,
Washington, DC 20554.
• Effective March 19, 2020, and until
further notice, the Commission no
longer accepts any hand or messenger
delivered filings. This is a temporary
measure taken to help protect the health
and safety of individuals, and to
mitigate the transmission of COVID–19.
SUMMARY:
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Agencies
[Federal Register Volume 85, Number 159 (Monday, August 17, 2020)]
[Proposed Rules]
[Pages 49995-49998]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16640]
[[Page 49995]]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 8365
[LLAZP00000.L122000000.DF0000.LXSSA3610000]
Notice of Proposed Supplementary Rules for Selected Public Lands
in Gila, Maricopa, Pima, Pinal and Yavapai Counties, AZ
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice of proposed supplementary rules.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Land Management (BLM) is proposing supplementary
rules on selected public lands administered by the Hassayampa and Lower
Sonoran Field Offices. These rules are needed in order to protect
public health and safety and to reduce user conflicts within developed
recreation areas (or sites), including recreational shooting sports
sites. In compliance with the John D. Dingell, Jr. Conservation,
Management, and Recreation Act (Dingell Act), notice is hereby given
that for public safety, one of the proposed supplementary rules would
close public lands within the designated Hazardous Exclusion Area at
each recreational shooting sports site to public entry, including entry
for hunting, fishing, and recreational shooting activities. These
proposed closures are necessary to ensure public safety adjacent to
shooting facilities.
DATES: Interested parties may submit written comments regarding the
proposed supplementary rules no later than October 16, 2020.
ADDRESSES: You may submit comments by any of the following methods:
[ssquf] BLM National Environmental Policy Act website: https://go.usa.gov/xmfVv.
[ssquf] Mail: BLM, Phoenix District Office, Attention: Tyler
Lindsey, 21605 North 7th Avenue, Phoenix, AZ 85027.
FOR FURTHER INFORMATION CONTACT: John (Jake) Szympruch, District Chief
Law Enforcement Ranger at email: [email protected]; Lane Cowger,
Hassayampa Field Office Manager at email: [email protected]; or Edward J.
Kender, Lower Sonoran Field Office Manager at email: [email protected];
or at 623-580-5500. Persons who use a telecommunications device for the
deaf (TDD) may call the Federal Relay Service (FRS) at 1-800-877-8339
to contact one of the above individuals. The FRS is available 24 hours
a day, 7 days a week, to leave a message or question. You will receive
a reply during normal business hours.
SUPPLEMENTARY INFORMATION:
I. Public Comment Procedures
General Notice Comments on Proposed Supplementary Rules
You may mail comments to Tyler Lindsey, or comment directly online
at the addresses listed above (See ADDRESSES). Written comments on the
proposed supplementary rules should be specific, 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 on Proposed Closure
Under the Dingell Act (16 U.S.C. 7913 (b)(2)(A)), and in compliance
with 43 CFR 8364.1, the BLM is required to consider public comments
when closures are proposed and would affect hunting, fishing, and
recreational shooting on public lands. Within developed recreation
areas where the primary purpose is recreational shooting, a designated
Hazardous Exclusion Area where errant/ricochet projectiles could
potentially land has been delineated based on geospatial review of
topographic features and in coordination with the Arizona Game and Fish
Department. Each Hazardous Exclusion Area proposed for closure is the
smallest area required for public safety adjacent to shooting
facilities and would remain closed for as long as the recreational
shooting sports site is available for public use. Proposed
supplementary rule 13 would prohibit entry into the Hazardous Exclusion
Areas.
This notice announces the beginning of the 60-day comment period
for the proposed closure of public lands within Hazardous Exclusion
Areas to all entry, whereby comments on impacts to hunting, fishing,
and recreational shooting are being accepted by the BLM. Following the
public comment period, the BLM will respond in a reasonable manner to
the comments received, will explain how significant issues were
resolved, and will issue a final decision on the proposed closure made
available online at: https://go.usa.gov/xmfVv.
Comments, including names, street addresses, and other contact
information for respondents, will be available for public review at the
Phoenix District Office, 21605 North 7th Avenue, Phoenix, AZ 85027,
listed in ADDRESSES, during regular business hours (8 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 us in your comment to
withhold your personal identifying information from public review, we
cannot guarantee that we will be able to do so.
II. Background
These proposed supplementary rules are necessary for the protection
of public lands and resources and for the protection, well-being, and
health and safety of those using public lands. Proposed supplementary
rules 1 through 4 would apply to existing developed recreation areas
throughout the Phoenix District Office, and to future developed
recreation areas. The rest of the proposed supplementary rules would
apply only to the recreational shooting sports sites and any future
recreational shooting sports sites within the district.
In January 2020, the BLM Phoenix District Office approved the
construction of five recreational shooting sports sites (Baldy
Mountain, Box Canyon, Church Camp Road, Narramore Road, and Saddleback
Mountain) in the Recreational Shooting Sports Project Final
Environmental Assessment (EA). The EA was in conformance with the two
applicable land use plans, the Bradshaw-Harquahala Approved Resource
Management Plan and Record of Decision (Bradshaw-Harquahala RMP (BLM
2010)) and the Lower Sonoran Approved Resource Management Plan and
Record of Decision (Lower Sonoran RMP (BLM 2012)). As a result of
improvements, each site would meet the ``developed recreation site and
area'' definition found in 43 Code of Federal Regulations (CFR) 8360.0-
5. Existing rules associated with developed recreation sites and areas
(43 CFR 8365) would apply in addition to these proposed supplementary
rules.
To promote safe use and operation of each site, supplementary rules
of conduct would be needed to manage behavior. Within developed
recreation areas established for recreational
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shooting sports, the discharge of firearms would be allowed where
authorized (see 43 CFR 8365.2-5). Each recreation area would be posted
with appropriate signage at access points. Immediately adjacent to
shooting facilities (facility area) would be a designated Hazardous
Exclusion Area. Each Hazardous Exclusion Area is required for public
safety and would be enclosed within a perimeter fence. Given the
complexity of the terrain and uncertainties about where the actual
fence line will be constructed, the BLM estimates 539 acres of public
lands would be closed to public entry, as depicted on maps found at
https://go.usa.gov/xmfVv. The combination of the shooting facility area
and the Hazardous Exclusion Area defines the boundary of the
recreational shooting sports site. Appropriate warning signage would be
installed and maintained.
III. Discussion of Proposed Supplementary Rules
Proposed supplementary rules 1 through 4 would apply to all
developed recreation areas and sites within the Phoenix District
boundary. In addition to supplementary rules 1 through 4, supplementary
rules 5 through 16 would apply within recreational shooting sports
sites.
Supplementary Rule 1 would prevent activities that would impede
access to or through areas (or sites). The proposed rule is similar to
an existing rule for National Forest System roads and trails found at
36 CFR 261.12(d)).
Supplementary Rule 2 would prevent improper disposal of pet waste,
in a manner consistent with Pima County Code 7.29.030, which requires
responsible storage and disposal of solid waste, and provides for
hygiene, health, and safety for users.
Supplementary Rule 3 would address user conduct in a manner
consistent with Arizona Revised Statue (ARS) 13-2904 describing
``Disorderly conduct.''
Supplementary Rule 4 would combine existing regulations to protect
wildlife, livestock, and vegetation from recreational shooting within
developed recreation areas and sites.
Supplementary Rule 5 would limit the potential for personal
property to be left behind by the public, unless authorized. The
existing rule for developed recreation sites or areas found at 43 CFR
8365.2-3 limits leaving personal property to 24 hours or less in
developed picnic day-use areas or 72 hours or less in developed camping
areas. The proposed rule would be more restrictive and is needed to
address recreational shooting sports sites specifically.
Supplementary Rule 6 would prohibit firearm discharge while any
individual is in front of the designated firing line to protect public,
contractor, volunteer, and BLM employee safety.
Supplementary Rule 7 would address drug and/or alcohol related
concerns within recreational shooting sports sites for the purpose of
public health and safety. Existing supplementary rules only address
underage drinking and open containers of alcohol while operating or
riding on/in motor vehicles.
Supplementary Rule 8 would establish hours of operation for
recreational shooting sports sites in the operating plans. Site hours
would be posted at the site and on the agency's website and would
depend on time of year and type of use. Flexibility in operating times
are needed to appropriately enforce times of use.
Supplementary Rule 9 would prohibit climbing on buildings or
structures, unless authorized, to protect public safety.
Supplementary Rule 10 would limit the use of targets, as
established through the operating plan and as posted at each site, for
the purpose of managing shooting related waste.
Supplementary Rule 11 would restrict the public from impeding
recreational target shooting and provide the ability to manage sites
for their intended use.
Supplementary Rule 12 would limit the use of ammunition as
established through the operating plan, and as posted at each site and
on the agency's website, for the purpose of promoting safe shooting
practices and managing shooting related waste.
Supplementary Rule 13 would prohibit access into the Hazardous
Exclusion Areas to avoid projectile or ricochet concerns and promote
public safety. The Hazardous Exclusion Areas will be posted with
appropriate signage.
Supplementary Rule 14 would restrict the direction of firearm
discharge into appropriate backstops to reduce resource damage and to
protect public, contractor, volunteer, and BLM employee safety.
Supplementary Rule 15 would establish site capacity user limits
through the operating plan and as posted. The limiting of the number of
users would provide for user safety.
Supplementary Rule 16 would align with a local shooting range
policy by stating that children under the age of 16 must be accompanied
by a responsible adult within the recreational shooting sports site for
the purpose of promoting safety.
IV. Procedural Matters
Executive Orders 12866 and 13563, Regulatory Planning and Review
These proposed supplementary rules are not a significant regulatory
action and are not subject to review by the Office of Management and
Budget under Executive Order 12866. These proposed supplementary rules
would not have an effect of $100 million or more on the economy.
These proposed supplementary rules would establish rules for
recreational shooting sports sites to protect public health and safety
and avoid user conflicts. These proposed supplementary rules 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. These proposed
supplementary rules would not create a serious inconsistency or
otherwise interfere with an action taken or planned by another agency.
These proposed supplementary rules do not alter the budgetary effects
of entitlements, grants, user fees, or loan programs or the right or
obligations of their recipients, nor do these rules raise novel legal
or policy issues. These proposed supplementary rules protect resources
and human health and safety, and enable BLM law enforcement personnel
to efficiently enforce, where appropriate, regulations pertaining to
unlawful usage of a recreation area (or site) in a manner consistent
with state and local laws, ordinances, regulations, or orders on public
lands.
Clarity of the Supplementary Rules
Executive Order 12866 requires each agency to write regulations
that are simple and easy to understand. The BLM invites your comments
on how to make these proposed supplementary rules easier to understand,
including answers to questions such as the following:
(1) Are the requirements in the proposed supplementary rules
clearly stated?
(2) Do the proposed supplementary rules contain technical language
or jargon that interferes with their clarity?
(3) Does the format of the proposed supplementary rules (grouping
and order of sections, use of headings, paragraphing, etc.) aid or
reduce their clarity?
(4) Would the proposed supplementary rules be easier to understand
if they were divided into more (but shorter) sections?
(5) Is the description of the proposed supplementary rules in the
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SUPPLEMENTARY INFORMATION section of this preamble helpful to your
understanding of the proposed supplementary rules? How could this
description be more helpful in making the proposed supplementary rules
easier to understand?
Please send any comments you have on the clarity of the proposed
supplementary rules to an address specified in the ADDRESSES section.
National Environmental Policy Act (NEPA)
The BLM prepared an EA and found that these proposed supplementary
rules do not constitute a major Federal action significantly affecting
the quality of the human environment under Section 102(2)(C) of the
National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4332(2)(C).
The BLM completed a 30-day scoping period and a 15-day public review of
the draft EA in 2019.
The BLM completed the EA to analyze the construction and operation
of the recreational shooting sports sites which included the proposed
supplementary rules. The Decision Record for this EA was signed in
January 2020. The BLM has placed the EA and associated documents in the
administrative record at the addresses specified in the ADDRESSES
section.
Regulatory Flexibility Act
Congress enacted the Regulatory Flexibility Act of 1980 (RFA), as
amended, 5 U.S.C. 601, et seq., to ensure that Government regulations
do not unnecessarily or disproportionately burden small entities. The
RFA requires a regulatory flexibility analysis if a rule has a
significant economic impact, either detrimental or beneficial, on a
substantial number of small entities. These proposed supplementary
rules do not pertain specifically to commercial or governmental
entities of any size but contain rules to protect the health and safety
of the public and reduce user conflicts on public lands within the
Hassayampa and Lower Sonoran Field Office areas. Therefore, the BLM has
determined, under the RFA, that these proposed supplementary rules do
not have a significant economic impact on a substantial number of small
entities.
Small Business Regulatory Enforcement Fairness Act
These proposed supplementary rules do not constitute ``major
rules'' as defined at 5 U.S.C. 804(2). These proposed supplementary
rules are intended to manage behavior and establish rules of conduct in
developed recreation areas (or sites) within the Hassayampa and Lower
Sonoran Field Office areas. These proposed supplementary rules would
have no effect on business, commercial, or industrial use of the public
lands.
Unfunded Mandates Reform Act
These proposed supplementary rules do not impose an unfunded
mandate on state, local, or tribal governments or the private sector of
more than $100 million per year, nor do the proposed supplementary
rules have a significant or unique effect on state, local, or tribal
governments or the private sector. The proposed supplementary rules do
not require anything of state, local, or tribal governments. Therefore,
the BLM is not required to prepare a statement containing the
information required by the Unfunded Mandates Reform Act (2 U.S.C.
1531, et seq.).
Executive Order 12630, Governmental Actions and Interference With
Constitutionally Protected Property Rights (Takings)
These proposed supplementary rules do not represent a government
action capable of interfering with constitutionally protected property
rights. These proposed supplementary rules do not address property
rights in any form and do not cause the impairment of anyone's property
rights. Therefore, the BLM has determined that these proposed
supplementary rules do not cause a taking of private property or
require further discussion of takings implications under this executive
order.
Executive Order 13132, Federalism
These proposed supplementary rules would not have a substantial,
direct effect on the states, on the relationship between the Federal
government and the states, or on the distribution of power and
responsibilities among the various levels of government. These proposed
supplementary rules apply in only one state, Arizona, and do not
address jurisdictional issues involving the Arizona State government.
Therefore, in accordance with Executive Order 13132, the BLM has
determined that these proposed supplementary rules do not have
sufficient federalism implications to warrant preparation of a
Federalism Assessment.
Executive Order 12988, Civil Justice Reform
Under Executive Order 12988, the BLM has determined that these
proposed supplementary rules would not unduly burden the judicial
system and that the rules meet the requirements of sections 3(a) and
3(b)(2) of Executive Order 12988.
Executive Order 13175, Consultation and Coordination With Indian Tribal
Governments
In accordance with Executive Order 13175, the BLM has found that
these proposed supplementary rules do not include policies that have
tribal implications and would have no bearing on trust lands or on
lands for which title is held in fee status by Indian tribes or U.S.
Government-owned lands managed by the Bureau of Indian Affairs. Since
these proposed supplementary rules do not change BLM policy and do not
involve Indian reservation lands or resources, we have determined that
the government-to-government relationships remain unaffected. These
proposed supplementary rules affect developed recreation areas (or
sites), including recreational shooting sports sites on public lands
managed by the BLM Hassayampa and Lower Sonoran Field Offices.
Executive Order 13352, Facilitation of Cooperative Conservation
Under Executive Order 13352, the BLM has determined that these
proposed supplementary rules would not impede the facilitation of
cooperative conservation. These proposed supplementary rules would take
appropriate account of, and consider the interests of, persons with
ownership or other legally recognized interests in land or other
natural resources; properly accommodate local participation in the
Federal decision-making process; and provide that the programs,
projects, and activities are consistent with protecting public health
and safety.
Information Quality Act
In developing these proposed supplementary rules, the BLM did not
conduct or use a study, experiment, or survey requiring peer review
under the Information Quality Act (Section 515 of Pub. L. 106-554).
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
The proposed supplementary rules do not constitute a significant
energy action since they have no impact on energy supplies, production,
or consumption, and have no connection with energy policy.
Paperwork Reduction Act
These proposed supplementary rules do not contain information
collection requirements that the Office of Management and Budget must
approve
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under the Paperwork Reduction Act, 44 U.S.C. 3501, et seq.
Proposed Supplementary Rules
Author
The principal author of these proposed supplementary rules is Tyler
Lindsey, Project Manager, Phoenix District Office, Bureau of Land
Management.
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 Arizona
State Director, BLM, proposes to establish the following supplementary
rules for all BLM developed recreation sites and areas, in addition to
supplementary rules specific to recreational shooting sports sites,
within the Phoenix District boundary, Arizona, to read as follows:
Definitions
Developed recreation sites and areas, as defined by 43 CFR 8360.0-
5(c), means sites and areas that contain structures of capital
improvements primarily used by the public for recreation purposes.
Hazardous Exclusion Area means a designated area within a
recreational shooting sports site where errant/ricochet projectiles
could potentially land.
Recreational shooting sports site means a developed recreation site
or area meeting the definition found at 43 CFR 8360.0-5(c) and where
the primary purpose is recreational shooting.
Rules and Prohibited Acts Within Developed Recreation Sites and Areas
(1) You must not block, restrict, place signs, create a hazardous
condition, or otherwise interfere with the use of a road, gate, or
other legal access to and/or through a developed recreation site or
area boundary.
(2) You must pick up and properly dispose of pet excrement.
(3) You must not engage in disorderly conduct as described in
Arizona Revised Statute 13-2904.
(4) You must not shoot at wildlife, livestock, or vegetation.
Rules and Prohibited Acts Within Recreational Shooting Sports Sites
In addition to the preceding supplementary rules, the following
rules would apply within a recreational shooting sports site:
(5) You must not leave any personal property unattended within a
site.
(6) You must not discharge a firearm while an individual is past
the designated firing line.
(7) You must not use, possess, consume, or be under the influence
of alcohol or controlled substances.
(8) You must not use a site during the restricted times outlined in
the operating plan, posted at each site, and listed on the agency's
website.
(9) You must not climb on any buildings or structures, occupied or
unoccupied.
(10) You must only use authorized targets as outlined in the
operating plan and as posted at each site.
(11) You must not enter a site for any purpose other than
activities associated with recreational shooting.
(12) You must only use authorized ammunition as outlined in the
operating plan, posted at each site, and listed on the agency's
website.
(13) You must not enter the Hazardous Exclusion Areas.
(14) You must discharge a firearm only from a designated firing
line and into developed backstops and berms.
(15) You must not exceed the maximum occupancy posted at each site.
(16) Children under 16 must be accompanied by a responsible adult
while in a site.
Exemptions
The following persons would be exempt from the proposed
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 or written authorization from an authorized officer
and operating within the scope of their permit or authorization.
Penalties
On public lands under section 303(a) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1733(a) and 43 CFR 8360.0-7), any
person who violates any of these supplementary rules may be tried
before a United States Magistrate and fined no more than $1,000,
imprisoned for no more than 12 months, or both. Such violations may
also be subject to enhanced fines provided for by 18 U.S.C. 3571.
Raymond Suazo,
Bureau of Land Management, State Director, Arizona.
[FR Doc. 2020-16640 Filed 8-14-20; 8:45 am]
BILLING CODE 4310-32-P