Notice of Proposed Supplementary Rule for Travel Management on Public Lands in Montrose, Delta, San Miguel, and Ouray Counties, CO, 72954-72957 [2022-25460]
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Federal Register / Vol. 87, No. 227 / Monday, November 28, 2022 / Proposed Rules
health care programs and their
beneficiaries from the harms caused by
fraud and abuse.
DEPARTMENT OF THE INTERIOR
II. Solicitation of New and Modified
Safe Harbor Recommendations and
Special Fraud Alert Proposals
43 CFR Part 8360
OIG seeks recommendations regarding
the development of additional or
modified safe harbor regulations and the
issuance of new Special Fraud Alerts. A
detailed explanation of justifications for,
or empirical data supporting, a
suggestion for a new or modified safe
harbor or for the issuance of a new
Special Fraud Alert would be helpful
and should, if possible, be included in
any response to this solicitation.
Notice of Proposed Supplementary
Rule for Travel Management on Public
Lands in Montrose, Delta, San Miguel,
and Ouray Counties, CO
[LLCOS05000 L12200000.DU0000 18X]
A. Criteria for Modifying and
Establishing Safe Harbor Provisions
In accordance with section 205 of
HIPAA, we will consider various factors
in reviewing proposals for additional or
modified safe harbor provisions, such as
the extent to which the proposals may
result in an increase or decrease in:
• Access to health care services,
• The quality of health care services,
• Patient freedom of choice among
health care providers,
• Competition among health care
providers,
• The cost to Federal health care
programs,
• The potential overutilization of
health care services, and
• The ability of health care facilities
to provide services in medically
underserved areas or to medically
underserved populations.
In addition, we will consider other
factors including, for example, the
existence (or nonexistence) of any
potential financial benefit to health care
professionals or providers that may
influence their decision whether to: (1)
order a health care item or service or (2)
arrange for a referral of health care items
or services to a particular practitioner or
provider.
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B. Criteria for Developing Special Fraud
Alerts
In determining whether to issue
additional Special Fraud Alerts, we will
consider whether and to what extent the
practices that would be identified in a
new Special Fraud Alert may result in
any of the consequences set forth above,
as well as the volume and frequency of
the conduct that would be identified in
the Special Fraud Alert.
Dated: November 22, 2022.
Christi A. Grimm,
Inspector General.
BILLING CODE 4152–01–P
19:29 Nov 25, 2022
Bureau of Land Management,
Interior.
ACTION: Proposed supplementary rule.
AGENCY:
The Bureau of Land
Management (BLM) is proposing to
establish a supplementary rule to make
enforceable travel management
decisions for mechanized vehicles in
the Dry Creek Travel Management Plan
(TMP) issued December 1, 2009; the
Ridgway TMP issued May 10, 2013; and
the Norwood-Burn Canyon TMP issued
November 14, 2014. The proposed
supplementary rule (proposed rule)
would apply to public lands in
Montrose, Delta, San Miguel, and Ouray
counties, Colorado, administered by the
BLM Uncompahgre Field Office.
DATES: Please send comments by
January 27, 2023. Comments
postmarked or received in person or by
electronic mail after this date may not
be considered in the development of the
final supplementary rule.
ADDRESSES: You may submit comments
by one of the following methods: mail
or hand deliver to Proposed
Supplementary Rule, Attention:
Caroline Kilbane, Outdoor Recreation
Planner, BLM Uncompahgre Field
Office, 2505 S Townsend Ave.,
Montrose, CO 81401. You may also
submit comments via email to
ckilbane@blm.gov (include ‘‘Proposed
Supplementary Rule’’ in the subject
line).
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Caroline Kilbane, Outdoor Recreation
Planner at (970) 240–5300 or by email
at ckilbane@blm.gov. Individuals in the
United States who are deaf, deafblind,
hard of hearing or have a speech
disability may dial 711 (TTY, TDD, or
TeleBraille) to access
telecommunications relay services.
Individuals outside the United States
should use the relay services offered
within their country to make
international calls to the point-ofcontact in the United States.
SUPPLEMENTARY INFORMATION:
I. Public Comment Procedures
[FR Doc. 2022–25901 Filed 11–25–22; 8:45 am]
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Written comments on the proposed
rule should be specific, confined to
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issues pertinent to the proposed rule,
and explain the reason for any
recommended change. Where possible,
comments should reference the specific
section or paragraph of the proposed
rule that the comment is addressing.
The BLM is not obligated to consider or
include in the Administrative Record
for the final supplementary rule,
comments delivered to an address other
than those listed earlier (See ADDRESSES)
or comments that the BLM receives after
the close of the comment period (See
DATES), unless they are postmarked or
electronically dated before the deadline.
Comments, including names, street
addresses, and other contact
information of respondents, will be
available for public review at the
address specified in the ADDRESSES
section above, 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 entire
comment—including your personal
identifying information—may be made
publicly available. 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
Prior to 2009, the BLM Uncompahgre
Field Office used the 1989
Uncompahgre Basin Resource
Management Plan (RMP) and the 1985
San Juan/San Miguel Resource Area
RMP to manage travel on BLM-managed
lands within the Dry Creek, Ridgway,
and Norwood-Burn Canyon areas. In
March 2007, the BLM published in the
Federal Register a Notice of Intent to
Amend the Uncompahgre Basin and San
Juan/San Miguel RMPs and prepare the
Dry Creek Comprehensive Travel
Management Plan, Colorado (72 FR
10243). The RMP amendment, approved
in June 2010, changed off-highway
vehicle designations in identified areas
from ‘‘Open or Limited’’ to ‘‘Limited to
existing routes year-long or with
seasonal restrictions’’ until further
route-by-route planning could be
completed. The BLM issued decision
records for the Dry Creek TMP on
December 1, 2009; the Ridgway TMP on
May 13, 2013; and the Norwood-Burn
Canyon TMP on November 14, 2014.
The BLM approved the TMPs after
multiple public comment opportunities
and coordination with local
government. On April 2, 2020, the BLM
approved a revised Uncompahgre RMP
that includes the Dry Creek, Ridgway,
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and Norwood-Burn Canyon travel
management areas (TMAs) and brings
forward from the TMPs the travel
management decisions for these areas.
This proposed rule would enable the
BLM to implement and enforce several
key decisions in the TMPs to protect
natural resources, enhance public
safety, and help improve habitat quality,
big-game winter range, and migration
corridors. The proposed rule would not
affect other existing rules.
III. Discussion of Proposed
Supplementary Rule
This proposed rule would apply to
more than 121,000 acres of public land
within the Dry Creek, Ridgway, and
Norwood-Burn Canyon TMAs
administered by the BLM Uncompahgre
Field Office in Montrose, Delta, San
Miguel, and Ouray counties, Colorado.
This proposed rule is necessary to
make enforceable travel management
decisions in the TMPs that restrict
certain activities and define allowable
uses intended to enhance public safety,
protect natural and cultural resources,
eliminate non-motorized impacts on
sensitive species habitat, and reduce
conflicts among public land users.
The proposed rule would make
enforceable restrictions limiting the
operation of mechanized vehicles to
designated travel routes identified in the
TMPs, with the following exemptions:
(1) big game hunters would be permitted
to use mechanized game carts off
designated travel routes outside of
designated wilderness and wilderness
study areas only when necessary to
retrieve big game animals during
authorized hunting seasons; (2)
mechanized vehicles would be
permitted to pull off designated travel
routes up to one vehicle-width from the
edge of a roadway to accommodate
parking, dispersed camping, or general
recreation; and (3) in the Dry Creek
TMA, mechanized vehicles would be
permitted to pull off within 300 feet of
a designated travel route in a designated
camping area identified by a BLM sign
or map.
The proposed rule would make
enforceable seasonal restrictions on
travel in certain priority big game
wintering habitats identified by the
BLM Uncompahgre Field Office, in
consultation with Colorado Parks and
Wildlife, as the most important big game
winter use areas within the TMAs.
These seasonal restrictions would allow
for human access during non-restricted
periods while closing key areas during
critical seasons to preserve the health of
big game herds.
The proposed rule would make
enforceable authorized dispersed
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camping in the Norwood-Burn Canyon
and Dry Creek TMAs unless a BLM sign
or map identifies an area as closed to
such use, as well as authorized camping
in designated campgrounds in the Dry
Creek TMA identified by a BLM sign or
map. The proposed rule would
implement and make enforceable the
closure of the Ridgway TMA to
overnight use.
In the Ridgway TMA, the proposed
rule would make enforceable the
requirement that pets be leashed in the
Uncompahgre Riverway Area and at all
trailheads, as identified by BLM signs or
maps, and under audible or physical
control in all other areas. In the
Norwood-Burn Canyon TMA, the
proposed rule would make enforceable
the requirement that pets be leashed at
trailheads, as identified by BLM signs or
maps, and under audible or physical
control in all other areas. In the Dry
Creek TMA, the proposed rule would
make enforceable the requirement that
pets be under audible or physical
control.
IV. Procedural Matters
Executive Order 12866, Regulatory
Planning and Review
This proposed rule is not a significant
regulatory action and is not subject to
review by the Office of Management and
Budget under Executive Order 12866.
The proposed rule would not have an
effect of $100 million or more on the
economy. The proposed rule would not
adversely affect in a material way the
economy; productivity; competition;
jobs; the environment; public health or
safety; or State, local, or Tribal
Governments or communities. The
proposed rule would not create a
serious inconsistency or otherwise
interfere with an action taken or
planned by another agency. The
proposed rule would not materially alter
the budgetary effects of entitlements,
grants, user fees, or loan programs, or
the rights or obligations of their
recipients; nor does it raise novel legal
or policy issues. The proposed rule
would not affect legal commercial
activity; it would merely impose
limitations on certain recreational
activities on certain public lands to
protect natural resources and enhance
public safety.
Clarity of the Rule
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 this proposed rule easier to
understand, including answers to
questions such as the following:
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(1) Are the requirements in the
proposed rule clearly stated?
(2) Does the proposed rule contain
technical language or jargon that
interferes with its clarity?
(3) Does the format of the proposed
rule (grouping and order of sections, use
of headings, paragraphing, etc.) aid or
reduce its clarity?
(4) Would the proposed rule be easier
to understand if it were divided into
more (but shorter) sections?
(5) Is the description of the proposed
rule in the SUPPLEMENTARY INFORMATION
section of this preamble helpful to your
understanding of the proposed rule?
How could this description be more
helpful in making the proposed rule
easier to understand?
Please send any comments you have
on the clarity of the proposed rule to
one of the addresses specified in the
ADDRESSES section.
National Environmental Policy Act
The proposed supplementary rule
would implement key decisions in the
TMPs. During the National
Environmental Policy Act (NEPA)
review for the TMPs, the BLM analyzed
the substance of this proposed
supplementary rule in three different
environmental assessments (EAs): DOI–
BLM–CO–SO50–2008–033 EA for the
Dry Creek TMP (decision record signed
December 1, 2009); DOI–BLM–CO–
SO50–2011–0011 EA for the Ridgway
TMP (decision record signed May 13,
2013); and DOI–BLM–CO–SO50–2012–
019 EA for the Norwood-Burn Canyon
TMP (decision record signed November
14, 2014). Electronic copies of the
decision records for each TMP are on
file at the BLM office at the address
specified in the ADDRESSES section
above. The BLM has completed a
determination of NEPA adequacy (DOI–
BLM–CO–S050–2021–0045 DNA) to
confirm that the analyses in the TMP
EAs, and the associated public
involvement procedures, as well as the
Uncompahgre Field Office RMP, are
sufficient to support this rulemaking.
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. The proposed rule would have
no effect on business entities of any
size. The proposed rule would merely
impose reasonable restrictions on
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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 the
proposed rule would not have a
significant economic impact on a
substantial number of small entities.
Small Business Regulatory Enforcement
Fairness Act
The proposed supplementary rule
does not constitute a ‘‘major rule’’ as
defined at 5 U.S.C. 804(2). The proposed
rule would merely impose reasonable
restrictions on certain recreational
activities on certain public lands to
protect natural resources and the
environment and human health and
safety. The proposed rule would 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, innovation, or on the
ability of United States-based
enterprises to compete with foreignbased enterprises in domestic and
export markets.
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Unfunded Mandates Reform Act
The proposed rule would not impose
an unfunded mandate on State, local, or
Tribal governments in the aggregate, or
the private sector, of more than $100
million per year; nor would it have a
significant or unique effect on small
governments. The proposed rule would
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)
The proposed rule does not constitute
a government action capable of
interfering with constitutionally
protected property rights. The proposed
rule would not address property rights
in any form and would not cause the
impairment of constitutionally
protected property rights. Therefore, the
BLM has determined that the proposed
rule would not cause a ‘‘taking’’ of
private property or require further
discussion of takings implications under
this Executive Order.
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Executive Order 13132, Federalism
V. Proposed Supplementary Rule
The proposed rule would 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 this
proposed rule does not have sufficient
federalism implications to warrant
preparation of a Federalism Assessment.
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 proposes to
establish a supplementary rule for BLMmanaged public lands in the Dry Creek,
Ridgway, and Norwood-Burn Canyon
Travel Management Areas located in
Montrose, Delta, San Miguel, and Ouray
counties, Colorado, to read as follows:
Executive Order 12988, Civil Justice
Reform
Under Executive Order 12988, the
BLM Colorado State Director has
determined that the proposed rule
would not unduly burden the judicial
system and that it meets 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 the
proposed rule does not include policies
that have Tribal implications and would
have no bearing on trust lands or lands
for which title is held in fee status by
Indian Tribes or U.S. governmentowned lands managed by the Bureau of
Indian Affairs.
Information Quality Act
In developing the proposed rule, 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 rule does not comprise
a significant energy action. The
proposed rule would not have an
adverse effect on energy supply,
production, or consumption and has no
connection with energy policy.
Paperwork Reduction Act
The proposed rule does 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 the proposed
supplementary rule is Caroline Kilbane,
Outdoor Recreation Planner, BLM,
Uncompahgre Field Office.
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Proposed Supplementary Rule for Dry
Creek, Ridgway, and Burn Canyon
Definitions
Camping means erecting a tent or a
shelter of natural or synthetic materials;
preparing a sleeping bag or other
bedding material for use; or parking a
motor vehicle, motor home, or trailer for
the purpose or apparent purpose of
overnight occupancy.
Designated travel routes means roads,
primitive roads, and trails open or
limited to specified modes of travel and
identified on: (1) a BLM sign; or (2) a
map of designated roads and trails that
is maintained and available for public
inspection at the BLM Uncompahgre
Field Office, Colorado. Designated
routes are open or limited to public use
in accordance with any limits and
restrictions as are specified in the
Uncompahgre Resource Management
Plan (RMP), the Dry Creek Travel
Management Plan (TMP), the Ridgway
TMP, the Norwood-Burn Canyon TMP,
in future decisions implementing the
RMP, or in this supplementary rule.
Restrictions may include signs or
physical barriers such as gates, fences,
posts, branches, or rocks.
Mechanized vehicle means a vehicle
using a mechanical device not powered
by a motor, such as a bicycle.
Pet means any domesticated or tamed
animal that is kept as a companion.
Prohibited Acts
Dry Creek Travel Management Area
(TMA) Prohibited Acts
(1) You must not operate or possess a
mechanized vehicle except on
designated travel routes, unless:
(a) You are using a mechanized game
cart for the purpose of retrieving a large
game animal during authorized hunting
seasons, outside of Congressionally
designated wilderness areas and
wilderness study areas;
(b) You are using a mechanized
vehicle for the purpose of parking
within one vehicle-width of the edge of
a designated travel route for dispersed
camping, where allowed, or general
recreation; or
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(c) You are using a mechanized
vehicle in a designated camping area as
designated by a BLM sign or map and
are within 300 feet of the designated
travel route.
(2) You must not operate or possess a
mechanized vehicle on specific routes
that cross priority big game wintering
habitat from December 1 to April 15 or
December 1 to March 31, as designated
by a BLM sign or map, except to access
private inholdings with proper
authorization.
(3) Pets must be controlled by
physical or audible means.
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Ridgway TMA Prohibited Acts
You must not operate or possess a
mechanized vehicle except on
designated travel routes, unless you are
using a mechanized game cart for the
purpose of retrieving a large game
animal during authorized hunting
seasons.
(1) All public access is prohibited in
priority big game wintering habitat from
December 1 to April 30, as designated
by a BLM sign or map, except to access
private inholdings with proper
authorization and within the
Uncompahgre Riverway Area.
(2) Pets must remain on leashes
within the Uncompahgre Riverway Area
and at trailheads designated by a BLM
sign or map. In all other areas, pets must
be controlled by physical or audible
means.
(3) Overnight use is not allowed.
(4) Mechanized vehicles must be
parked within one vehicle-width of the
edge of a designated travel route.
Norwood-Burn Canyon TMA Prohibited
Acts
(1) You must not operate or possess a
mechanized vehicle except on
designated travel routes, unless:
(a) You are using a mechanized game
cart for the purpose of retrieving a large
game animal during authorized hunting
seasons; or
(b) You are using a mechanized
vehicle for the purpose of parking
within one vehicle-width of the edge of
a designated travel route for dispersed
camping or general recreation.
(2) You must not operate or possess a
mechanized vehicle on any route that
crosses priority big game wintering
habitat from December 1 to April 30, as
designated by a BLM sign or map,
except to access private inholdings with
proper authorization.
(3) Dispersed camping is allowed
unless closed by a BLM sign or map.
(4) Pets must remain on leashes at
trailheads designated by BLM signs or
maps. In all other areas, pets must be
controlled by physical or audible
means.
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Exemptions
Any Federal, state, local, or military
persons acting within the scope of their
official duties; members of an organized
rescue or fire-fighting force performing
an official duty; and persons who are
expressly authorized or approved by the
BLM.
Enforcement
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 on public
lands within Colorado 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
the enhanced fines provided for by 18
U.S.C. 3571.
Douglas Vilsack,
BLM Colorado State Director.
[FR Doc. 2022–25460 Filed 11–25–22; 8:45 am]
BILLING CODE 4310–JB–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Parts 13 and 22
[Docket No. FWS–HQ–MB–2020–0023;
FF09M32000–234–FXMB12320900000]
RIN 1018–BE70
Permits for Incidental Take of Eagles
and Eagle Nests
Fish and Wildlife Service,
Interior.
ACTION: Proposed rule; extension of
public comment period.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), are extending
the public comment period on our
September 30, 2022, proposed rule to
consider revisions to regulations
authorizing the issuance of permits for
eagle incidental take and eagle nest take.
We are extending the comment period
for 30 days to offer interested persons an
additional opportunity to comment on
the proposed rule. Comments
previously submitted need not be
resubmitted and will be fully
considered in preparation of the final
rule.
SUMMARY:
Comment submission: The
public comment period on the proposed
rule that published on September 30,
2022, at 87 FR 59598 is extended. We
will accept comments received or
postmarked on or before December 29,
2022. Comments submitted
DATES:
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72957
electronically using the Federal
eRulemaking Portal (see ADDRESSES,
below) must be received by 11:59 p.m.
eastern time on the closing date, and
comments submitted by U.S. mail must
be postmarked by that date to ensure
consideration.
ADDRESSES:
Document availability: The proposed
rule and supporting documents,
including the draft environmental
review, are available at https://
www.regulations.gov under Docket No.
FWS–HQ–MB–2020–0023.
Written comments: You may submit
comments by one of the following
methods:
(1) Electronically: Go to the Federal
eRulemaking Portal: https://
www.regulations.gov. In the Search box,
enter FWS–HQ–MB–2020–0023, which
is the docket number for this
rulemaking. Then, click on the Search
button. On the resulting page, in the
Search panel on the left side of the
screen, under the Document Type
heading, check the Proposed Rule box to
locate this document. You may submit
a comment by clicking on ‘‘Comment.’’
(2) By hard copy: Submit by U.S. mail
to: Public Comments Processing, Attn:
FWS–HQ–MB–2020–0023, U.S. Fish
and Wildlife Service, MS: PRB/3W,
5275 Leesburg Pike, Falls Church, VA
22041–3803.
We request that you send comments
only by the methods described above.
We will post all comments on https://
www.regulations.gov. This generally
means that we will post any personal
information you provide us (see Public
Comments, below, for more
information).
FOR FURTHER INFORMATION CONTACT:
Jerome Ford, Assistant Director—
Migratory Birds Program, U.S. Fish and
Wildlife Service, telephone: (703) 358–
2606. Individuals in the United States
who are deaf, deafblind, hard of hearing,
or have a speech disability may dial 711
(TTY, TDD, or TeleBraille) to access
telecommunications relay services.
Individuals outside the United States
should use the relay services offered
within their country to make
international calls to the point-ofcontact in the United States.
SUPPLEMENTARY INFORMATION:
Background
On September 30, 2022, we published
a proposed rule (87 FR 59598) to
consider revisions to regulations
authorizing the issuance of permits for
eagle incidental take and eagle nest take
under the Bald and Golden Eagle
Protection Act (16 U.S.C. 668–668d).
The purpose of these revisions is to
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]]>Agencies
[Federal Register Volume 87, Number 227 (Monday, November 28, 2022)]
[Proposed Rules]
[Pages 72954-72957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25460]
=======================================================================
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 8360
[LLCOS05000 L12200000.DU0000 18X]
Notice of Proposed Supplementary Rule for Travel Management on
Public Lands in Montrose, Delta, San Miguel, and Ouray Counties, CO
AGENCY: Bureau of Land Management, Interior.
ACTION: Proposed supplementary rule.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Land Management (BLM) is proposing to establish
a supplementary rule to make enforceable travel management decisions
for mechanized vehicles in the Dry Creek Travel Management Plan (TMP)
issued December 1, 2009; the Ridgway TMP issued May 10, 2013; and the
Norwood-Burn Canyon TMP issued November 14, 2014. The proposed
supplementary rule (proposed rule) would apply to public lands in
Montrose, Delta, San Miguel, and Ouray counties, Colorado, administered
by the BLM Uncompahgre Field Office.
DATES: Please send comments by January 27, 2023. Comments postmarked or
received in person or by electronic mail after this date may not be
considered in the development of the final supplementary rule.
ADDRESSES: You may submit comments by one of the following methods:
mail or hand deliver to Proposed Supplementary Rule, Attention:
Caroline Kilbane, Outdoor Recreation Planner, BLM Uncompahgre Field
Office, 2505 S Townsend Ave., Montrose, CO 81401. You may also submit
comments via email to [email protected] (include ``Proposed
Supplementary Rule'' in the subject line).
FOR FURTHER INFORMATION CONTACT: Caroline Kilbane, Outdoor Recreation
Planner at (970) 240-5300 or by email at [email protected]. Individuals
in the United States who are deaf, deafblind, hard of hearing or have a
speech disability may dial 711 (TTY, TDD, or TeleBraille) to access
telecommunications relay services. Individuals outside the United
States should use the relay services offered within their country to
make international calls to the point-of-contact in the United States.
SUPPLEMENTARY INFORMATION:
I. Public Comment Procedures
Written comments on the proposed rule should be specific, confined
to issues pertinent to the proposed rule, and explain the reason for
any recommended change. Where possible, comments should reference the
specific section or paragraph of the proposed rule that the comment is
addressing. The BLM is not obligated to consider or include in the
Administrative Record for the final supplementary rule, comments
delivered to an address other than those listed earlier (See ADDRESSES)
or comments that the BLM receives after the close of the comment period
(See DATES), unless they are postmarked or electronically dated before
the deadline.
Comments, including names, street addresses, and other contact
information of respondents, will be available for public review at the
address specified in the ADDRESSES section above, 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 entire comment--including your personal
identifying information--may be made publicly available. 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
Prior to 2009, the BLM Uncompahgre Field Office used the 1989
Uncompahgre Basin Resource Management Plan (RMP) and the 1985 San Juan/
San Miguel Resource Area RMP to manage travel on BLM-managed lands
within the Dry Creek, Ridgway, and Norwood-Burn Canyon areas. In March
2007, the BLM published in the Federal Register a Notice of Intent to
Amend the Uncompahgre Basin and San Juan/San Miguel RMPs and prepare
the Dry Creek Comprehensive Travel Management Plan, Colorado (72 FR
10243). The RMP amendment, approved in June 2010, changed off-highway
vehicle designations in identified areas from ``Open or Limited'' to
``Limited to existing routes year-long or with seasonal restrictions''
until further route-by-route planning could be completed. The BLM
issued decision records for the Dry Creek TMP on December 1, 2009; the
Ridgway TMP on May 13, 2013; and the Norwood-Burn Canyon TMP on
November 14, 2014. The BLM approved the TMPs after multiple public
comment opportunities and coordination with local government. On April
2, 2020, the BLM approved a revised Uncompahgre RMP that includes the
Dry Creek, Ridgway,
[[Page 72955]]
and Norwood-Burn Canyon travel management areas (TMAs) and brings
forward from the TMPs the travel management decisions for these areas.
This proposed rule would enable the BLM to implement and enforce
several key decisions in the TMPs to protect natural resources, enhance
public safety, and help improve habitat quality, big-game winter range,
and migration corridors. The proposed rule would not affect other
existing rules.
III. Discussion of Proposed Supplementary Rule
This proposed rule would apply to more than 121,000 acres of public
land within the Dry Creek, Ridgway, and Norwood-Burn Canyon TMAs
administered by the BLM Uncompahgre Field Office in Montrose, Delta,
San Miguel, and Ouray counties, Colorado.
This proposed rule is necessary to make enforceable travel
management decisions in the TMPs that restrict certain activities and
define allowable uses intended to enhance public safety, protect
natural and cultural resources, eliminate non-motorized impacts on
sensitive species habitat, and reduce conflicts among public land
users.
The proposed rule would make enforceable restrictions limiting the
operation of mechanized vehicles to designated travel routes identified
in the TMPs, with the following exemptions: (1) big game hunters would
be permitted to use mechanized game carts off designated travel routes
outside of designated wilderness and wilderness study areas only when
necessary to retrieve big game animals during authorized hunting
seasons; (2) mechanized vehicles would be permitted to pull off
designated travel routes up to one vehicle-width from the edge of a
roadway to accommodate parking, dispersed camping, or general
recreation; and (3) in the Dry Creek TMA, mechanized vehicles would be
permitted to pull off within 300 feet of a designated travel route in a
designated camping area identified by a BLM sign or map.
The proposed rule would make enforceable seasonal restrictions on
travel in certain priority big game wintering habitats identified by
the BLM Uncompahgre Field Office, in consultation with Colorado Parks
and Wildlife, as the most important big game winter use areas within
the TMAs. These seasonal restrictions would allow for human access
during non-restricted periods while closing key areas during critical
seasons to preserve the health of big game herds.
The proposed rule would make enforceable authorized dispersed
camping in the Norwood-Burn Canyon and Dry Creek TMAs unless a BLM sign
or map identifies an area as closed to such use, as well as authorized
camping in designated campgrounds in the Dry Creek TMA identified by a
BLM sign or map. The proposed rule would implement and make enforceable
the closure of the Ridgway TMA to overnight use.
In the Ridgway TMA, the proposed rule would make enforceable the
requirement that pets be leashed in the Uncompahgre Riverway Area and
at all trailheads, as identified by BLM signs or maps, and under
audible or physical control in all other areas. In the Norwood-Burn
Canyon TMA, the proposed rule would make enforceable the requirement
that pets be leashed at trailheads, as identified by BLM signs or maps,
and under audible or physical control in all other areas. In the Dry
Creek TMA, the proposed rule would make enforceable the requirement
that pets be under audible or physical control.
IV. Procedural Matters
Executive Order 12866, Regulatory Planning and Review
This proposed rule is not a significant regulatory action and is
not subject to review by the Office of Management and Budget under
Executive Order 12866. The proposed rule would not have an effect of
$100 million or more on the economy. The proposed rule would not
adversely affect in a material way the economy; productivity;
competition; jobs; the environment; public health or safety; or State,
local, or Tribal Governments or communities. The proposed rule would
not create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency. The proposed rule would not
materially alter the budgetary effects of entitlements, grants, user
fees, or loan programs, or the rights or obligations of their
recipients; nor does it raise novel legal or policy issues. The
proposed rule would not affect legal commercial activity; it would
merely impose limitations on certain recreational activities on certain
public lands to protect natural resources and enhance public safety.
Clarity of the Rule
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 this proposed rule easier to understand, including
answers to questions such as the following:
(1) Are the requirements in the proposed rule clearly stated?
(2) Does the proposed rule contain technical language or jargon
that interferes with its clarity?
(3) Does the format of the proposed rule (grouping and order of
sections, use of headings, paragraphing, etc.) aid or reduce its
clarity?
(4) Would the proposed rule be easier to understand if it were
divided into more (but shorter) sections?
(5) Is the description of the proposed rule in the SUPPLEMENTARY
INFORMATION section of this preamble helpful to your understanding of
the proposed rule? How could this description be more helpful in making
the proposed rule easier to understand?
Please send any comments you have on the clarity of the proposed
rule to one of the addresses specified in the ADDRESSES section.
National Environmental Policy Act
The proposed supplementary rule would implement key decisions in
the TMPs. During the National Environmental Policy Act (NEPA) review
for the TMPs, the BLM analyzed the substance of this proposed
supplementary rule in three different environmental assessments (EAs):
DOI-BLM-CO-SO50-2008-033 EA for the Dry Creek TMP (decision record
signed December 1, 2009); DOI-BLM-CO-SO50-2011-0011 EA for the Ridgway
TMP (decision record signed May 13, 2013); and DOI-BLM-CO-SO50-2012-019
EA for the Norwood-Burn Canyon TMP (decision record signed November 14,
2014). Electronic copies of the decision records for each TMP are on
file at the BLM office at the address specified in the ADDRESSES
section above. The BLM has completed a determination of NEPA adequacy
(DOI-BLM-CO-S050-2021-0045 DNA) to confirm that the analyses in the TMP
EAs, and the associated public involvement procedures, as well as the
Uncompahgre Field Office RMP, are sufficient to support this
rulemaking.
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. The proposed rule would have no
effect on business entities of any size. The proposed rule would merely
impose reasonable restrictions on
[[Page 72956]]
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 the proposed rule
would not have a significant economic impact on a substantial number of
small entities.
Small Business Regulatory Enforcement Fairness Act
The proposed supplementary rule does not constitute a ``major
rule'' as defined at 5 U.S.C. 804(2). The proposed rule would merely
impose reasonable restrictions on certain recreational activities on
certain public lands to protect natural resources and the environment
and human health and safety. The proposed rule would 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, 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
The proposed rule would not impose an unfunded mandate on State,
local, or Tribal governments in the aggregate, or the private sector,
of more than $100 million per year; nor would it have a significant or
unique effect on small governments. The proposed rule would 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)
The proposed rule does not constitute a government action capable
of interfering with constitutionally protected property rights. The
proposed rule would not address property rights in any form and would
not cause the impairment of constitutionally protected property rights.
Therefore, the BLM has determined that the proposed rule would not
cause a ``taking'' of private property or require further discussion of
takings implications under this Executive Order.
Executive Order 13132, Federalism
The proposed rule would 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 this proposed rule does not
have sufficient federalism implications to warrant preparation of a
Federalism Assessment.
Executive Order 12988, Civil Justice Reform
Under Executive Order 12988, the BLM Colorado State Director has
determined that the proposed rule would not unduly burden the judicial
system and that it meets 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
the proposed rule does not include policies that have Tribal
implications and would have no bearing on trust lands or 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 the proposed rule, 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 rule does not comprise a significant energy action.
The proposed rule would not have an adverse effect on energy supply,
production, or consumption and has no connection with energy policy.
Paperwork Reduction Act
The proposed rule does 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 the proposed supplementary rule is Caroline
Kilbane, Outdoor Recreation Planner, BLM, Uncompahgre Field Office.
V. Proposed Supplementary Rule
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 proposes to establish a supplementary
rule for BLM-managed public lands in the Dry Creek, Ridgway, and
Norwood-Burn Canyon Travel Management Areas located in Montrose, Delta,
San Miguel, and Ouray counties, Colorado, to read as follows:
Proposed Supplementary Rule for Dry Creek, Ridgway, and Burn Canyon
Definitions
Camping means erecting a tent or a shelter of natural or synthetic
materials; preparing a sleeping bag or other bedding material for use;
or parking a motor vehicle, motor home, or trailer for the purpose or
apparent purpose of overnight occupancy.
Designated travel routes means roads, primitive roads, and trails
open or limited to specified modes of travel and identified on: (1) a
BLM sign; or (2) a map of designated roads and trails that is
maintained and available for public inspection at the BLM Uncompahgre
Field Office, Colorado. Designated routes are open or limited to public
use in accordance with any limits and restrictions as are specified in
the Uncompahgre Resource Management Plan (RMP), the Dry Creek Travel
Management Plan (TMP), the Ridgway TMP, the Norwood-Burn Canyon TMP, in
future decisions implementing the RMP, or in this supplementary rule.
Restrictions may include signs or physical barriers such as gates,
fences, posts, branches, or rocks.
Mechanized vehicle means a vehicle using a mechanical device not
powered by a motor, such as a bicycle.
Pet means any domesticated or tamed animal that is kept as a
companion.
Prohibited Acts
Dry Creek Travel Management Area (TMA) Prohibited Acts
(1) You must not operate or possess a mechanized vehicle except on
designated travel routes, unless:
(a) You are using a mechanized game cart for the purpose of
retrieving a large game animal during authorized hunting seasons,
outside of Congressionally designated wilderness areas and wilderness
study areas;
(b) You are using a mechanized vehicle for the purpose of parking
within one vehicle-width of the edge of a designated travel route for
dispersed camping, where allowed, or general recreation; or
[[Page 72957]]
(c) You are using a mechanized vehicle in a designated camping area
as designated by a BLM sign or map and are within 300 feet of the
designated travel route.
(2) You must not operate or possess a mechanized vehicle on
specific routes that cross priority big game wintering habitat from
December 1 to April 15 or December 1 to March 31, as designated by a
BLM sign or map, except to access private inholdings with proper
authorization.
(3) Pets must be controlled by physical or audible means.
Ridgway TMA Prohibited Acts
You must not operate or possess a mechanized vehicle except on
designated travel routes, unless you are using a mechanized game cart
for the purpose of retrieving a large game animal during authorized
hunting seasons.
(1) All public access is prohibited in priority big game wintering
habitat from December 1 to April 30, as designated by a BLM sign or
map, except to access private inholdings with proper authorization and
within the Uncompahgre Riverway Area.
(2) Pets must remain on leashes within the Uncompahgre Riverway
Area and at trailheads designated by a BLM sign or map. In all other
areas, pets must be controlled by physical or audible means.
(3) Overnight use is not allowed.
(4) Mechanized vehicles must be parked within one vehicle-width of
the edge of a designated travel route.
Norwood-Burn Canyon TMA Prohibited Acts
(1) You must not operate or possess a mechanized vehicle except on
designated travel routes, unless:
(a) You are using a mechanized game cart for the purpose of
retrieving a large game animal during authorized hunting seasons; or
(b) You are using a mechanized vehicle for the purpose of parking
within one vehicle-width of the edge of a designated travel route for
dispersed camping or general recreation.
(2) You must not operate or possess a mechanized vehicle on any
route that crosses priority big game wintering habitat from December 1
to April 30, as designated by a BLM sign or map, except to access
private inholdings with proper authorization.
(3) Dispersed camping is allowed unless closed by a BLM sign or
map.
(4) Pets must remain on leashes at trailheads designated by BLM
signs or maps. In all other areas, pets must be controlled by physical
or audible means.
Exemptions
Any Federal, state, local, or military persons acting within the
scope of their official duties; members of an organized rescue or fire-
fighting force performing an official duty; and persons who are
expressly authorized or approved by the BLM.
Enforcement
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 on public lands within Colorado 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 the enhanced fines provided for by 18 U.S.C. 3571.
Douglas Vilsack,
BLM Colorado State Director.
[FR Doc. 2022-25460 Filed 11-25-22; 8:45 am]
BILLING CODE 4310-JB-P
