Notice of Proposed Supplementary Rule for Public Lands in Wyoming, 62500-62503 [2023-19634]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Land Management

[Federal Register Volume 88, Number 175 (Tuesday, September 12, 2023)]
[Proposed Rules]
[Pages 62500-62503]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19634]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Part 8360

[BLM_WY_FRN_MO4500173295]


Notice of Proposed Supplementary Rule for Public Lands in Wyoming

AGENCY: Bureau of Land Management, Interior.

ACTION: Proposed supplementary rule.

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SUMMARY: The Bureau of Land Management (BLM) is proposing a 
supplementary rule to protect natural resources and provide for public 
health and safety. The proposed supplementary rule would apply to all 
public lands and BLM facilities in Wyoming.

DATES: You should submit your comments by November 13, 2023.

ADDRESSES: You may submit comments by the following methods: Mail or 
hand deliver to Deborah Sullivan, State Chief Ranger, BLM Wyoming State 
Office, 5353 Yellowstone Rd., Cheyenne, WY 82009. You may also submit 
comments via email to [email protected] (include ``Proposed 
Supplementary Rule'' in the subject line).

FOR FURTHER INFORMATION CONTACT: Deborah Sullivan, State Chief Ranger 
(see address listed above), by phone at (307) 775-6268, or 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 
for contacting Ms. Sullivan. 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 supplementary rule should be 
specific, be confined to issues pertinent to the proposed supplementary 
rule, and explain the reason for any recommended change. Where 
possible, comments should reference the specific section or paragraph 
of the proposed supplementary 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 the BLM receives after 
the close of the comment period (see DATES) unless they are postmarked 
or electronically dated before the deadline, or comments

[[Page 62501]]

delivered to an address other than one of the addresses listed above 
(see ADDRESSES).
    Comments, including names, street addresses, and other contact 
information of respondents, will be available for public review at the 
address listed above, during regular business hours (7:30 a.m. to 4:30 
p.m., Monday through Friday, except on 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 at any time. While you can ask us in your 
comment to withhold your personal identifying information from public 
review, we cannot guarantee we will be able to do so.

II. Background

    BLM state offices have issued various statewide supplementary rules 
to protect natural resources and provide for public health and safety. 
Individual BLM field offices have also issued various supplementary 
rules for travel management, protection of natural resources, and 
public health and safety.

III. Discussion of the Proposed Supplementary Rule

    This proposed supplementary rule would apply to all public lands in 
Wyoming. Proposed supplementary rule numbers 1 and 2 address general 
public conduct on public lands. Proposed supplementary rule numbers 3 
through 7 address resource damage and public safety concerns involving 
the use of exploding targets, flammable devices, and target shooting. 
Proposed supplementary rule numbers 8 and 9 address the possession or 
use of alcohol on public lands. Proposed supplementary rule number 10 
addresses the possession of drug paraphernalia in violation of state 
law. Proposed supplementary rule number 11 requires trailers on public 
land to have current registration. Proposed supplementary rule number 
12 adopts Wyoming Revised Statutes regarding hunting, fishing, boating, 
and outfitters. Proposed supplementary rule number 13 further clarifies 
existing Federal regulations found in 43 CFR 9264.1(h) relating to 
vehicles, game animals, boating, and river outfitters.
    Proposed supplementary rule number 14 addresses the burning of wood 
pallets containing nails or staples on public land. Campsites in 
popular areas on public land are used repeatedly throughout the spring, 
summer, and fall. As use increases, the availability of firewood 
decreases, leading more campers to bring construction debris or wood 
pallets with nails or staples in them to use as firewood. The nails and 
staples end up in campfire ash left at the campsite. In an effort to 
return campsites to a more primitive condition, many campers scatter 
ashes and rock rings before leaving their campsite. The nails or 
staples end up on the ground surface, causing flat tires. Proposed 
supplementary rule number 14 would reduce the risk of tire damage from 
discarded nails and staples in popular camping areas.
    Proposed supplementary rule numbers 15 and 16 address impacts to 
wild horses from increased visitation, photography, and tours within 
their natural habitat. Wild horses can lose their wariness of humans 
due to acclimation with, close proximity to, and feeding by humans; 
this results in an increased likelihood of injury to a visitor or to a 
wild horse.
    The proposed supplementary rule is in conformance with the 
following resource management plans (RMPs), as amended:

 Rock Springs RMP (``Green River RMP'') (1997)
 Newcastle Field Office RMP (2000)
 Casper Field Office RMP (2007)
 Pinedale Field Office RMP (2008)
 Snake River RMP (2004)
 Rawlins Field Office RMP (2008)
 Kemmerer Field Office RMP (2010)
 Lander Field Office RMP (2014)
 Buffalo Field Office RMP (2015)
 Bighorn Basin RMP--Cody Field Office (2015)
 Bighorn Basin RMP--Worland Field Office (2015)

IV. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    The 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 (E.O.) 12866, as amended by E.O. 14094. It 
does not have an annual effect of $200 million or more on the economy. 
It does 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. It does 
not create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency. It does 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 proposed supplementary rule 
merely establishes conduct for public use of a limited area of public 
lands.

National Environmental Policy Act (NEPA)

    The BLM has found that the proposed supplementary rule comprises a 
category or kind of action that has no significant individual or 
cumulative effect on the quality of the human environment. See 40 CFR 
1508.4; 43 CFR 26.210. Specifically, the promulgation of the proposed 
supplementary rule--which prohibits violating existing state laws or 
engaging in activities that fall within 43 CFR 8365.1-4's general 
prohibition on creating a hazard or nuisance--is an action that is of 
an administrative, financial, legal, technical, or procedural nature 
within the meaning of 43 CFR 26.210(i), and none of the extraordinary 
circumstances listed at 43 CFR 26.215 are applicable.

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. This proposed supplementary rule 
merely establishes conduct for public use of a limited area of public 
lands. Therefore, the BLM has determined under the RFA 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 considered a `major rule' as 
defined under 5 U.S.C. 804(2). The proposed supplementary rule merely 
establishes conduct for public use of a limited area of public lands 
and does not affect commercial or business activities of any kind.

Unfunded Mandates Reform Act

    The proposed supplementary rule will 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 will it have a 
significant or unique effect on small governments. The proposed 
supplementary rule will have no effect on governmental or Tribal 
entities and will impose no requirements on any of

[[Page 62502]]

these entities. The proposed supplementary rule merely establishes 
conduct for public use of a limited area of public lands and does 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 is not a government action capable 
of interfering with constitutionally protected property rights. The 
proposed supplementary rule does 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 
supplementary rule will not cause a ``taking'' of private property or 
require further discussion of takings implications under this Executive 
order.

Executive Order 13132, Federalism

    The proposed supplementary 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 supplementary rule will not have sufficient federalism 
implications to warrant preparation of a Federalism Assessment.

Executive Order 12988, Civil Justice Reform

    Under Executive Order 12988, the BLM has determined that this 
proposed supplementary rule will not unduly burden the judicial system 
and that it meets 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 
this proposed supplementary rule does not include policies that have 
Tribal implications and would have no bearing on trust lands, 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.

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

    This proposed supplementary rule does not constitute a significant 
energy action. This proposed supplementary rule would not have an 
adverse effect on energy supply, production, or consumption and has no 
connection with energy policy.

Executive Order 13352, Facilitation of Cooperative Conservation

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

Paperwork Reduction Act

    This 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. 3501-3521.

Author

    The principal author of this proposed supplementary rule is Deborah 
Sullivan, State Chief Ranger, BLM Wyoming State Office.

V. Proposed Rule

    For the reasons stated in the Preamble and under the authority of 
43 U.S.C. 1733(a), and 1740, and 43 CFR 8365.1-6, the BLM Wyoming State 
Director proposes a supplementary rule for public lands and BLM 
facilities in Wyoming, to read as follows:

Supplementary Rule for Public Lands in Wyoming

Definitions
    Alcoholic beverage means a beverage as defined in W.S. 12-1-
101(a)(i).
    Disorderly conduct means ``breach of peace.''
    A person commits breach of peace as defined by W.S. 6-6-102 if s/he 
disturbs the peace of a community or its inhabitants by unreasonable 
loud noise or music or by using threatening, abusive, or obscene 
language or violent actions with knowledge or probable cause s/he will 
disturb the peace.
    Federal Officer means any Federal law enforcement officer.
    Wild horse means all unbranded and unclaimed horses that use public 
lands as all or part of their habitat, that have been removed from 
these lands by an authorized officer, or that have been born of wild 
horses or burros in authorized BLM facilities, but have not lost their 
status under section 3 of the Wild and Free-Roaming Horses and Burros 
Act of 1971.
    Open alcoholic beverage container means a bottle, can, or other 
receptacle that contains any amount of alcoholic beverage and:
    (a) That is open or has a broken seal; or
    (b) The contents of which are partially removed.
    Passenger area means the area designed to seat the driver and 
passengers while a motor vehicle is in operation and any area that is 
readily accessible to the driver or a passenger while in his or her 
seating position, including but not limited to the glove compartment.
    Public indecency has the same meaning as defined by W.S. 6-4-201.
    Public land means any land and interest in land owned by the United 
States within the several States and administered by the Secretary of 
the Interior through the Bureau of Land Management, without regard to 
how the United States acquired ownership, except (1) lands located on 
the Outer Continental Shelf; and (2) lands held for the benefit of 
Indians, Aleuts, and Eskimos.
Prohibited Acts
    Unless otherwise authorized, the following acts are prohibited on 
all public lands, roads, trails, facilities, or waterways administered 
by the BLM in Wyoming:
    1. You must not engage in disorderly conduct.
    2. You must not engage in public indecency.
    3. You must not possess or discharge fireworks.
    4. You must not possess, discharge, or use explosives, incendiary 
or chemical devices, or exploding targets, including but not limited to 
ammonium nitrate- and aluminum powder-based binary explosives.
    5. All rifle and pistol target shooting activities shall be into a 
backstop of material that prevents further travel or ricochet of the 
bullet.
    6. You must not shoot at materials other than paper or cardboard 
targets, biodegradable clay pigeons, or plastic and steel targets 
manufactured specifically for shooting sports. Shooting at electrical 
components such as televisions, computers, or computer

[[Page 62503]]

monitors; propane bottles; or glass containers is prohibited.
    7. You must not possess, discharge, or use flammable devices, 
including but not limited to gasoline bombs commonly referred to as 
``Sobe Bombs'' or flammable projectiles discharged from a launching 
tube or other device.
    8. You must not drink an alcoholic beverage or possess an open 
alcoholic beverage container while in the passenger area of a motor 
vehicle, including off-highway vehicles.
    9. You must not violate any State laws relating to the purchase, 
possession, use, or consumption of alcohol.
    10. You must not possess any drug paraphernalia in violation of 
State law.
    11. You must not tow or be in possession of a trailer requiring 
registration under Wyoming Revised Statues that is either unregistered 
or has an expired registration.
    12. You must not violate any Wyoming Revised Statute regarding 
hunting, fishing, boating, or outfitters.
    13. You must not violate any Federal or State laws or regulations 
concerning conservation or protection of natural resources or the 
environment, including but not limited to those relating to air and 
water quality, protection of fish and wildlife, plants, and the use of 
a chemical toxicant.
    14. You must not burn wood pallets containing nails or staples.
    15. You must not intentionally engage in any activity within any 
distance that disturbs, displaces, or otherwise interferes with the 
free unimpeded movement of wild horses.
    16. You must not feed, water, or touch any wild horse.
Exceptions
    The following persons are exempt from the supplementary rule: any 
Federal, State, local, or military employees or contractors acting 
within the scope of their official duties; members of any organized 
rescue or fire-fighting force performing an official duty; and persons 
who are expressly authorized or approved by the BLM.
Enforcement
    Any person who violates this supplementary rule may be tried before 
a United States Magistrate and fined in accordance with 18 U.S.C. 3571, 
imprisoned no more than 12 months under 43 U.S.C. 1733(a) and 43 CFR 
8560.0-7, or both. In accordance with 43 CFR 8365.1-7, State or local 
officials may also impose penalties for violations of Wyoming law.

Andrew Archuleta,
BLM Wyoming State Director.
[FR Doc. 2023-19634 Filed 9-11-23; 8:45 am]
BILLING CODE 4331-26-P