Proposed Supplementary Rule for the Mineral and Hell Roaring Canyons Area of Public Lands and Requirement To Obtain an Individual Special Recreation Permit to Rock Climb Within the Moab Canyons Special Wildlife Area (Mineral and Hell Roaring Canyons) Managed by the Moab Field Office in Grand County, Utah, 6217-6219 [2023-01694]
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Federal Register / Vol. 88, No. 20 / Tuesday, January 31, 2023 / Proposed Rules
pm. The EPA will make every effort to
follow the schedule as closely as
possible on the day of the hearing;
however, please plan for the hearings to
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oral testimony as written comments to
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ask clarifying questions during the oral
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the presenters at that time. Written
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during the comment period will be
considered with the same weight as oral
comments and supporting information
presented at the public hearing. Please
note that any updates made to any
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please monitor our website or contact
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0072 (available at https://
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the proposed action on the following
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particulate-matter-pm-air-qualitystandards.
khammond on DSKJM1Z7X2PROD with PROPOSALS
Panagiotis Tsirigotis,
Director, Office of Air Quality Planning and
Standards.
[FR Doc. 2023–01924 Filed 1–30–23; 8:45 am]
BILLING CODE 6560–50–P
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 8360
[212L1109AF LLUTY00000
L12200000.MA0000]
Proposed Supplementary Rule for the
Mineral and Hell Roaring Canyons
Area of Public Lands and Requirement
To Obtain an Individual Special
Recreation Permit to Rock Climb
Within the Moab Canyons Special
Wildlife Area (Mineral and Hell Roaring
Canyons) Managed by the Moab Field
Office in Grand County, Utah
Bureau of Land Management,
Interior.
ACTION: Proposed supplementary rule;
request for public comments.
AGENCY:
The BLM proposes to
establish a supplementary rule
prohibiting non-permitted roped and
aerial activities, and the construction or
installation of temporary structures in
and along the walls and rims of Mineral
and Hell Roaring canyons, as well as on
the canyon walls and rims along the
Green River corridor connecting these
two canyons. The rule would also
prohibit climbing in this area without a
permit. The permit system for climbing
in the special area and the proposed
supplementary rule would protect vital
wildlife habitat from increasing
encroachment of recreational uses.
DATES: Comments on the proposed
supplementary rule must be received or
postmarked by April 3, 2023.
ADDRESSES: Comments may be
submitted by mail, hand delivery, or
email to the BLM Moab Field Office,
Attention: Mineral and Hell Roaring, 82
East Dogwood Avenue, Moab, Utah
84532, or kstevens@blm.gov. The
proposed supplementary rule and
accompanying environmental
documents are available for inspection
at the BLM Moab Field Office, 82 East
Dogwood Avenue, Moab, Utah, and on
the ePlanning website: https://
eplanning.blm.gov/eplanning-ui/
project/1504945/510.
FOR FURTHER INFORMATION CONTACT:
Jennifer Jones, Moab Field Office
Assistant Manager, 82 East Dogwood
Avenue, Moab, Utah 84532, (435) 259–
2100, or blm_ut_mb_mail@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
SUMMARY:
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6217
within their country to make
international calls to the point-ofcontact in the United States.
SUPPLEMENTARY INFORMATION:
I. Public Comment Procedures
II. Background
III. Discussion
IV. Procedural Matters
V. Proposed Supplementary Rules for the
BLM Moab Field Office
I. Public Comment Procedures
Written comments on the proposed
supplementary rule must be sent in
accordance with the information
outlined in the DATES and ADDRESSES
sections of this notification. The BLM is
not obligated to consider comments that
are received after the close of the
comment period (see DATES) unless
these comments are postmarked or
electronically dated before the deadline.
The BLM is not obligated to consider
comments that are delivered to an
address other than that listed above in
ADDRESSES section. Comments should
be specific, confined to issues pertinent
to the proposed supplementary rule,
and should 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.
Your address, telephone number, email
address, and other personal identifying
information in your comment may be
made publicly available at any time.
While you can ask in your comment to
withhold personal identifying
information from public review, we
cannot guarantee that we will be able to
do so. Comments, including names,
addresses, and other contact
information of respondents, will be
available for public review at the BLM
Moab Field Office, 82 East Dogwood
Avenue, Moab, Utah 84532, during
regular business hours (7:45 a.m.–4:30
p.m., Monday through Friday, except
Federal holidays).
II. Background
The BLM Moab Field Office has
jurisdiction from the Grand County,
Utah, line to the north, the UtahColorado State line to the east, Harts
Draw and Lisbon Valley to the south,
and the Green River to the west. The
public lands managed by the BLM Moab
Field Office are an increasing domestic
and international tourist destination
that host three million visitors per year.
Mineral and Hell Roaring canyons
provide important habitat for the
Mexican spotted owl (a federally
threatened species), golden eagles and
other raptors, Utah’s only endemic herd
of desert bighorn sheep, and other
wildlife. In recent years, roped and
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Federal Register / Vol. 88, No. 20 / Tuesday, January 31, 2023 / Proposed Rules
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aerial recreational activities have
increased, putting wildlife and their
prime habitats at risk. The goal of the
new Individual Special Recreation
Permit (ISRP) requirement for climbing
and the proposed supplementary rule
prohibiting non-permitted roped and
aerial activities is to prevent further
recreational encroachment into this
prime habitat as these activities are
impactful to these species.
In June 2021, the BLM issued a
decision record and finding of no
significant impact that established a
special area in Mineral and Hell Roaring
canyons (Moab Canyons Special
Wildlife Area), created a permitting
system for rock climbing only in the
special area. The decision record also
outlined the need to establish a
supplementary rule prohibiting all other
roped and aerial activities within the
10,044-acre special area. In accordance
with 43 CFR 2932.11(b)(1), all persons
must obtain an ISRP to rock climb in the
special area. The BLM will not issue
permits for aerial or roped activities
other than climbing. The decision
record was supported by an
environmental assessment (EA) that
analyzed two action alternatives: a total
year-round ban on aerial and roped
activities, and the institution of a
limited seasonal permit system allowing
some climbing activity at specified
locations. During the 30-day public
comment period for the EA, the BLM
received 13 comments. Seven
comments, including those submitted
by the Utah Public Lands Policy
Coordinating Office and two nongovernmental organizations, supported
the total year-round ban on aerial and
roped activities in Mineral and Hell
Roaring canyons. Six commenters,
including the Access Fund and
Slackline U.S., opposed some or all of
that proposal and expressed an interest
in greater access for roped and aerial
activities. In response, the BLM
established a special area and
authorized a permit system that would
allow a limited amount of climbing
seasonally on specific climbs in
designated areas.
III. Discussion
The proposed supplementary rule,
which would prohibit roped activities
and aerial activities other than climbing
under a valid ISRP, is critical to the
BLM’s ability to manage important
wildlife habitat while allowing for
sustainable recreational use.
The reasoning for the rule is
addressed below.
Proposed rule: Non-permitted roped
and aerial activities are disallowed
within a 10,044-acre area encompassing
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Mineral and Hell Roaring canyons. All
persons must possess a valid ISRP to
engage in climbing within the Mineral
and Hell Roaring canyons area. No
permits will be issued for aerial or
roped activities other than climbing.
Climbing and other aerial and roped
activities allow human access into
otherwise inaccessible habitats. Other
forms of recreation (hiking, driving,
camping, horseback riding) and other
public uses such as grazing cannot reach
those areas. Climbing and other aerial
and roped activities adversely affect
Mexican spotted owl, golden eagles and
other raptors because climbers and
aerialists access the cliffs used by these
species for nesting, foraging, and
resting. In addition, desert bighorn
sheep use the talus slopes below the
cliffs accessed by climbers and aerialists
as escape terrain for the critical life
functions that make herd viability
possible. Restrictions have already been
placed on motorized vehicle use,
camping, grazing, and mineral
development in these canyons to protect
these species through the 2008 Moab
Resource Management Plan.
IV. Procedural Matters
Executive Order 12866, Regulatory
Planning and Review
This proposed supplementary rule is
not a significant regulatory action and is
not subject to review by the Office of
Management and Budget under
Executive Order 12866. The proposed
supplementary rule would not have an
annual effect of $100 million or more on
the economy. It 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
supplementary rule would not create a
serious inconsistency or otherwise
interfere with an action taken or
planned by another agency. The
proposed supplementary rule would not
materially alter the budgetary effects of
entitlements, grants, user fees, loan
programs, or the rights or obligations of
their recipients; nor does it raise novel
legal or policy issues. The
supplementary rule merely establishes
rules of conduct for public use on a
limited area of public lands.
Clarity of the Regulations
Executive Order 12866 requires each
agency to write regulations that are
simple and easy to understand. The
BLM invites comments on how to make
this supplementary rule easier to
understand, including answers to
questions such as the following:
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1. Are the requirements in the
supplementary rule clearly stated?
2. Does the supplementary rule
contain technical language or jargon that
interferes with their clarity?
3. Does the format of the
supplementary rule (grouping and order
of sections, use of headings,
paragraphing, etc.) aid or reduce clarity?
4. Is the description of the
supplementary rule in the
SUPPLEMENTARY INFORMATION section of
this preamble helpful in understanding
the supplementary rule? How could this
description be more helpful in making
the supplementary rule easier to
understand?
Please send any comments on the
clarity of the rule to the address
specified in the ADDRESSES section.
National Environmental Policy Act
The direction for the BLM to establish
a supplementary rule prohibiting all
other roped and aerial activities within
the 10,044-acre special area was
proposed, analyzed and authorized in
EA DOI–BLM–UT–Y010–2020–0068–
EA. The decision includes the details of
the permit system which would allow
limited climbing on a seasonal basis.
The approved EA is available for review
at the physical and online locations
identified in the ADDRESSES section.
Regulatory Flexibility Act
Congress enacted the Regulatory
Flexibility Act (RFA) of 1980, 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 supplementary
rule would merely establish a rule of
conduct for public use on a limited area
of public lands. Therefore, the BLM has
determined that the proposed
supplementary 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 is
not ‘‘major’’ as defined under 5 U.S.C.
804(2). The proposed supplementary
rule would merely establish rules of
conduct for public use on a limited area
of public lands and would not affect
commercial or business activities of any
kind.
Unfunded Mandates Reform Act
The proposed supplementary rule
would not impose an unfunded
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Federal Register / Vol. 88, No. 20 / Tuesday, January 31, 2023 / Proposed Rules
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 supplementary rule
would have no effect on governmental
or Tribal entities and would impose no
requirements on any of these entities.
The proposed supplementary rule
would merely establish a rule of
conduct for public use on a limited
selection of public lands and would not
affect Tribal, commercial or business
activities of any kind. 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 supplementary rule
does not have significant takings
implications, nor is it capable of
interfering with constitutionally
protected property rights. The proposed
supplementary rule would merely
establish a rule of conduct for public
use on a limited area of public lands
and would not affect anyone’s property
rights. Therefore, the Department of the
Interior has determined that the
proposed supplementary rule would not
cause a ‘‘taking’’ of private property or
require preparation of a takings
assessment under this Executive order.
Executive Order 13132, Federalism
khammond on DSKJM1Z7X2PROD with PROPOSALS
The proposed supplementary rule
would neither have a substantial direct
effect on the states, the relationship
between the Federal Government and
the states, nor the distribution of power
and responsibilities among the various
levels of government. The proposed
supplementary rule would not conflict
with any State law or regulation.
Therefore, in accordance with Executive
Order 13132, the BLM has determined
that the supplementary 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
Office of the Solicitor has determined
that the proposed supplementary 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.
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Executive Order 13175, Consultation
and Coordination With Tribal
Governments
In accordance with Executive Order
13175, the BLM considered consultation
and coordination with Tribal
governments in the development of the
EA which forms the basis for the
proposed supplementary rule. It was
determined that this proposed
supplementary rule does not have Tribal
implications and consultation was not
conducted.
Energy Supply, Distribution, or Use
Under Executive Order 13211, the
BLM has determined that the proposed
supplementary rule would not comprise
a significant energy action and that it
would not have an adverse effect on
energy supplies, production, or
consumption.
Paperwork Reduction Act
The proposed supplementary 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 et seq. Federal
criminal investigations or prosecutions
may result from this rule, and the
collection of information for these
purposes is exempt from the Paperwork
Reduction Act, 44 U.S.C. 3518(c)(1).
Authors
The principal authors of these
supplementary rules are Kathleen
Stevens, outdoor recreation planner,
and Pam Riddle, wildlife biologist,
Moab Field Office, Bureau of Land
Management.
V. Proposed Supplementary Rule for
the BLM Moab Field Office
For the reasons stated in the
preamble, and under the authority of 43
U.S.C. 1740 and 43 CFR 8365.1–6, the
Utah State Director is proposing the
following supplementary rule:
1. Non-permitted roped and aerial
activities are prohibited within a
10,044-acre area encompassing Mineral
and Hell Roaring canyons.
2. All climbers must be in possession
of a permit to engage in climbing within
the Mineral and Hell Roaring canyons
area.
3. The construction or installation of
temporary structures in and along the
walls and rims of Mineral and Hell
Roaring canyons, as well as on the
canyon walls and rims along the Green
River corridor connecting these two
canyons is prohibited.
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Definitions
Roped Activities: Activities involving
ropes, cable, vectran, climbing aids,
webbing, anchors, or any other similar
materials. Activities include: ziplining,
high-lining, slacklining, rope-swinging,
and other activities using the roped
materials listed and other associated
equipment.
Aerial Activities: Sporting pursuits
which include ‘‘building, antenna, spam
and earth’’ (BASE) jumping, catapulting,
paragliding, paramotoring, parachuting,
skydiving, drone launching, aerial
delivery, or other activities that involve
aerial delivery, recovery or shuttle.
Climbing: A sport or technique in
which participants climb up, down, or
across natural rock formations, usually
with ropes and other equipment. This
also includes free-soloing and
bouldering.
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 this supplementary
rule may be tried before a U.S.
magistrate and fined no more than
$1,000 or 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.
Exemptions
Any Federal, State, local or military
persons acting within the scope of their
duties, and members of an organized
rescue or firefighting force in
performance of an official duty are
exempted from this supplementary rule.
List of Subjects 43 CFR Part 8360
Penalties, Public lands, Recreation
and recreation areas.
Gregory Sheehan,
State Director.
[FR Doc. 2023–01694 Filed 1–30–23; 8:45 am]
BILLING CODE 4331–25–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 8
[CG Docket No. 22–2; Report No. 3191; FR
ID 124723]
Petition for Reconsideration of Action
in Rulemaking Proceeding
Federal Communications
Commission.
ACTION: Petition for Reconsideration.
AGENCY:
Petitions for Reconsideration
(Petitions) have been filed in the
SUMMARY:
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Agencies
[Federal Register Volume 88, Number 20 (Tuesday, January 31, 2023)]
[Proposed Rules]
[Pages 6217-6219]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01694]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 8360
[212L1109AF LLUTY00000 L12200000.MA0000]
Proposed Supplementary Rule for the Mineral and Hell Roaring
Canyons Area of Public Lands and Requirement To Obtain an Individual
Special Recreation Permit to Rock Climb Within the Moab Canyons Special
Wildlife Area (Mineral and Hell Roaring Canyons) Managed by the Moab
Field Office in Grand County, Utah
AGENCY: Bureau of Land Management, Interior.
ACTION: Proposed supplementary rule; request for public comments.
-----------------------------------------------------------------------
SUMMARY: The BLM proposes to establish a supplementary rule prohibiting
non-permitted roped and aerial activities, and the construction or
installation of temporary structures in and along the walls and rims of
Mineral and Hell Roaring canyons, as well as on the canyon walls and
rims along the Green River corridor connecting these two canyons. The
rule would also prohibit climbing in this area without a permit. The
permit system for climbing in the special area and the proposed
supplementary rule would protect vital wildlife habitat from increasing
encroachment of recreational uses.
DATES: Comments on the proposed supplementary rule must be received or
postmarked by April 3, 2023.
ADDRESSES: Comments may be submitted by mail, hand delivery, or email
to the BLM Moab Field Office, Attention: Mineral and Hell Roaring, 82
East Dogwood Avenue, Moab, Utah 84532, or [email protected]. The
proposed supplementary rule and accompanying environmental documents
are available for inspection at the BLM Moab Field Office, 82 East
Dogwood Avenue, Moab, Utah, and on the ePlanning website: https://eplanning.blm.gov/eplanning-ui/project/1504945/510.
FOR FURTHER INFORMATION CONTACT: Jennifer Jones, Moab Field Office
Assistant Manager, 82 East Dogwood Avenue, Moab, Utah 84532, (435) 259-
2100, or [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
II. Background
III. Discussion
IV. Procedural Matters
V. Proposed Supplementary Rules for the BLM Moab Field Office
I. Public Comment Procedures
Written comments on the proposed supplementary rule must be sent in
accordance with the information outlined in the DATES and ADDRESSES
sections of this notification. The BLM is not obligated to consider
comments that are received after the close of the comment period (see
DATES) unless these comments are postmarked or electronically dated
before the deadline. The BLM is not obligated to consider comments that
are delivered to an address other than that listed above in ADDRESSES
section. Comments should be specific, confined to issues pertinent to
the proposed supplementary rule, and should 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. Your address, telephone number, email address, and other
personal identifying information in your comment may be made publicly
available at any time. While you can ask in your comment to withhold
personal identifying information from public review, we cannot
guarantee that we will be able to do so. Comments, including names,
addresses, and other contact information of respondents, will be
available for public review at the BLM Moab Field Office, 82 East
Dogwood Avenue, Moab, Utah 84532, during regular business hours (7:45
a.m.-4:30 p.m., Monday through Friday, except Federal holidays).
II. Background
The BLM Moab Field Office has jurisdiction from the Grand County,
Utah, line to the north, the Utah-Colorado State line to the east,
Harts Draw and Lisbon Valley to the south, and the Green River to the
west. The public lands managed by the BLM Moab Field Office are an
increasing domestic and international tourist destination that host
three million visitors per year. Mineral and Hell Roaring canyons
provide important habitat for the Mexican spotted owl (a federally
threatened species), golden eagles and other raptors, Utah's only
endemic herd of desert bighorn sheep, and other wildlife. In recent
years, roped and
[[Page 6218]]
aerial recreational activities have increased, putting wildlife and
their prime habitats at risk. The goal of the new Individual Special
Recreation Permit (ISRP) requirement for climbing and the proposed
supplementary rule prohibiting non-permitted roped and aerial
activities is to prevent further recreational encroachment into this
prime habitat as these activities are impactful to these species.
In June 2021, the BLM issued a decision record and finding of no
significant impact that established a special area in Mineral and Hell
Roaring canyons (Moab Canyons Special Wildlife Area), created a
permitting system for rock climbing only in the special area. The
decision record also outlined the need to establish a supplementary
rule prohibiting all other roped and aerial activities within the
10,044-acre special area. In accordance with 43 CFR 2932.11(b)(1), all
persons must obtain an ISRP to rock climb in the special area. The BLM
will not issue permits for aerial or roped activities other than
climbing. The decision record was supported by an environmental
assessment (EA) that analyzed two action alternatives: a total year-
round ban on aerial and roped activities, and the institution of a
limited seasonal permit system allowing some climbing activity at
specified locations. During the 30-day public comment period for the
EA, the BLM received 13 comments. Seven comments, including those
submitted by the Utah Public Lands Policy Coordinating Office and two
non-governmental organizations, supported the total year-round ban on
aerial and roped activities in Mineral and Hell Roaring canyons. Six
commenters, including the Access Fund and Slackline U.S., opposed some
or all of that proposal and expressed an interest in greater access for
roped and aerial activities. In response, the BLM established a special
area and authorized a permit system that would allow a limited amount
of climbing seasonally on specific climbs in designated areas.
III. Discussion
The proposed supplementary rule, which would prohibit roped
activities and aerial activities other than climbing under a valid
ISRP, is critical to the BLM's ability to manage important wildlife
habitat while allowing for sustainable recreational use.
The reasoning for the rule is addressed below.
Proposed rule: Non-permitted roped and aerial activities are
disallowed within a 10,044-acre area encompassing Mineral and Hell
Roaring canyons. All persons must possess a valid ISRP to engage in
climbing within the Mineral and Hell Roaring canyons area. No permits
will be issued for aerial or roped activities other than climbing.
Climbing and other aerial and roped activities allow human access
into otherwise inaccessible habitats. Other forms of recreation
(hiking, driving, camping, horseback riding) and other public uses such
as grazing cannot reach those areas. Climbing and other aerial and
roped activities adversely affect Mexican spotted owl, golden eagles
and other raptors because climbers and aerialists access the cliffs
used by these species for nesting, foraging, and resting. In addition,
desert bighorn sheep use the talus slopes below the cliffs accessed by
climbers and aerialists as escape terrain for the critical life
functions that make herd viability possible. Restrictions have already
been placed on motorized vehicle use, camping, grazing, and mineral
development in these canyons to protect these species through the 2008
Moab Resource Management Plan.
IV. Procedural Matters
Executive Order 12866, Regulatory Planning and Review
This proposed supplementary rule is not a significant regulatory
action and is not subject to review by the Office of Management and
Budget under Executive Order 12866. The proposed supplementary rule
would not have an annual effect of $100 million or more on the economy.
It 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 supplementary rule would not create a serious inconsistency or
otherwise interfere with an action taken or planned by another agency.
The proposed supplementary rule would not materially alter the
budgetary effects of entitlements, grants, user fees, loan programs, or
the rights or obligations of their recipients; nor does it raise novel
legal or policy issues. The supplementary rule merely establishes rules
of conduct for public use on a limited area of public lands.
Clarity of the Regulations
Executive Order 12866 requires each agency to write regulations
that are simple and easy to understand. The BLM invites comments on how
to make this supplementary rule easier to understand, including answers
to questions such as the following:
1. Are the requirements in the supplementary rule clearly stated?
2. Does the supplementary rule contain technical language or jargon
that interferes with their clarity?
3. Does the format of the supplementary rule (grouping and order of
sections, use of headings, paragraphing, etc.) aid or reduce clarity?
4. Is the description of the supplementary rule in the
SUPPLEMENTARY INFORMATION section of this preamble helpful in
understanding the supplementary rule? How could this description be
more helpful in making the supplementary rule easier to understand?
Please send any comments on the clarity of the rule to the address
specified in the ADDRESSES section.
National Environmental Policy Act
The direction for the BLM to establish a supplementary rule
prohibiting all other roped and aerial activities within the 10,044-
acre special area was proposed, analyzed and authorized in EA DOI-BLM-
UT-Y010-2020-0068-EA. The decision includes the details of the permit
system which would allow limited climbing on a seasonal basis. The
approved EA is available for review at the physical and online
locations identified in the ADDRESSES section.
Regulatory Flexibility Act
Congress enacted the Regulatory Flexibility Act (RFA) of 1980, 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 supplementary rule
would merely establish a rule of conduct for public use on a limited
area of public lands. Therefore, the BLM has determined that the
proposed supplementary 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 is not ``major'' as defined under 5
U.S.C. 804(2). The proposed supplementary rule would merely establish
rules of conduct for public use on a limited area of public lands and
would not affect commercial or business activities of any kind.
Unfunded Mandates Reform Act
The proposed supplementary rule would not impose an unfunded
[[Page 6219]]
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
supplementary rule would have no effect on governmental or Tribal
entities and would impose no requirements on any of these entities. The
proposed supplementary rule would merely establish a rule of conduct
for public use on a limited selection of public lands and would not
affect Tribal, commercial or business activities of any kind.
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 supplementary rule does not have significant takings
implications, nor is it capable of interfering with constitutionally
protected property rights. The proposed supplementary rule would merely
establish a rule of conduct for public use on a limited area of public
lands and would not affect anyone's property rights. Therefore, the
Department of the Interior has determined that the proposed
supplementary rule would not cause a ``taking'' of private property or
require preparation of a takings assessment under this Executive order.
Executive Order 13132, Federalism
The proposed supplementary rule would neither have a substantial
direct effect on the states, the relationship between the Federal
Government and the states, nor the distribution of power and
responsibilities among the various levels of government. The proposed
supplementary rule would not conflict with any State law or regulation.
Therefore, in accordance with Executive Order 13132, the BLM has
determined that the supplementary 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 Office of the Solicitor has
determined that the proposed supplementary 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 Tribal
Governments
In accordance with Executive Order 13175, the BLM considered
consultation and coordination with Tribal governments in the
development of the EA which forms the basis for the proposed
supplementary rule. It was determined that this proposed supplementary
rule does not have Tribal implications and consultation was not
conducted.
Energy Supply, Distribution, or Use
Under Executive Order 13211, the BLM has determined that the
proposed supplementary rule would not comprise a significant energy
action and that it would not have an adverse effect on energy supplies,
production, or consumption.
Paperwork Reduction Act
The proposed supplementary 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 et
seq. Federal criminal investigations or prosecutions may result from
this rule, and the collection of information for these purposes is
exempt from the Paperwork Reduction Act, 44 U.S.C. 3518(c)(1).
Authors
The principal authors of these supplementary rules are Kathleen
Stevens, outdoor recreation planner, and Pam Riddle, wildlife
biologist, Moab Field Office, Bureau of Land Management.
V. Proposed Supplementary Rule for the BLM Moab Field Office
For the reasons stated in the preamble, and under the authority of
43 U.S.C. 1740 and 43 CFR 8365.1-6, the Utah State Director is
proposing the following supplementary rule:
1. Non-permitted roped and aerial activities are prohibited within
a 10,044-acre area encompassing Mineral and Hell Roaring canyons.
2. All climbers must be in possession of a permit to engage in
climbing within the Mineral and Hell Roaring canyons area.
3. The construction or installation of temporary structures in and
along the walls and rims of Mineral and Hell Roaring canyons, as well
as on the canyon walls and rims along the Green River corridor
connecting these two canyons is prohibited.
Definitions
Roped Activities: Activities involving ropes, cable, vectran,
climbing aids, webbing, anchors, or any other similar materials.
Activities include: ziplining, high-lining, slacklining, rope-swinging,
and other activities using the roped materials listed and other
associated equipment.
Aerial Activities: Sporting pursuits which include ``building,
antenna, spam and earth'' (BASE) jumping, catapulting, paragliding,
paramotoring, parachuting, skydiving, drone launching, aerial delivery,
or other activities that involve aerial delivery, recovery or shuttle.
Climbing: A sport or technique in which participants climb up,
down, or across natural rock formations, usually with ropes and other
equipment. This also includes free-soloing and bouldering.
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 this supplementary rule may be tried before a U.S.
magistrate and fined no more than $1,000 or 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.
Exemptions
Any Federal, State, local or military persons acting within the
scope of their duties, and members of an organized rescue or
firefighting force in performance of an official duty are exempted from
this supplementary rule.
List of Subjects 43 CFR Part 8360
Penalties, Public lands, Recreation and recreation areas.
Gregory Sheehan,
State Director.
[FR Doc. 2023-01694 Filed 1-30-23; 8:45 am]
BILLING CODE 4331-25-P