Final Supplementary Rule for Public Lands in the Cotoni-Coast Dairies Unit of the California Coastal National Monument in Santa Cruz County, CA, 33238-33242 [2024-08608]
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Dated: April 23, 2024.
Charles Smith,
Director, Registration Division, Office of
Pesticide Programs.
2. In § 180.613, revise the entry in
table 1 to paragraph (a)(1) for ‘‘Berry,
low-growing, subgroup 13–07G’’ to read
as follows:
■
PART 180—TOLERANCES AND
EXEMPTIONS FOR PESTICIDE
CHEMICAL RESIDUES IN FOOD
Therefore, for the reasons stated in the
preamble, EPA is amending 40 CFR
chapter 1 as follows:
1. The authority citation for part 180
continues to read as follows:
■
§ 180.613 Flonicamid; tolerances for
residues.
Authority: 21 U.S.C. 321(q), 346a and 371.
(a) * * *
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TABLE 1 TO PARAGRAPH (a)(1)
Parts per
million
Commodity
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Berry, low-growing, subgroup 13–07G ................................................................................................................................................
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BILLING CODE 6560–50–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 8360
[BLM_CA_FRN_MO4500173363]
Final Supplementary Rule for Public
Lands in the Cotoni-Coast Dairies Unit
of the California Coastal National
Monument in Santa Cruz County, CA
Bureau of Land Management,
Interior.
ACTION: Final supplementary rule.
The Bureau of Land
Management (BLM) is finalizing a
supplementary rule for all public lands
within the Cotoni-Coast Dairies (C–CD)
unit of the California Coastal National
Monument (CCNM) in Santa Cruz
County, California. The final
supplementary rule will allow the BLM
to manage recreation, address public
safety, and provide resource protection
on BLM-managed public lands within
the C–CD unit of the CCNM. The
supplementary rule is needed to enforce
the BLM’s decisions established in the
CCNM Resource Management Plan, as
amended.
SUMMARY:
These supplementary rules are
effective May 29, 2024.
ADDRESSES: You may submit inquiries
by mail, hand-delivery, or electronic
mail. Mail: Bureau of Land
Management, California State Office,
2800 Cottage Way Suite W1623,
Sacramento, CA 95825. Electronic mail:
BLM_CA_Web_SO@blm.gov.
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DATES:
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Sky
Murphy, Planning and Environmental
Coordinator, BLM Central Coast Field
Office; telephone: (831) 582–2200,
email: smurphy@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:
FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2024–09048 Filed 4–26–24; 8:45 am]
AGENCY:
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I. Background
The BLM completed the C–CD
Resource Management Plan (RMP)
amendment on June 23, 2021, to
establish land use decisions that protect
the objects and values of the C–CD unit
of the CCNM and to support responsible
recreation opportunities. Public
participation during planning for the
use and enjoyment of the C–CD unit
indicates that it will be a popular area
for recreating, and a supplementary rule
is needed to allow for law enforcement
to enforce land-use decisions for
managing recreation and to protect
cultural and natural resources.
This final supplementary rule will
apply to all the BLM-managed lands in
the C–CD unit. Persons performing
essential operations central to the BLM’s
mission will be exempt. Such persons
include, for example, members of any
organized law enforcement, rescue, or
fire-fighting force.
The final supplementary rule is
needed to provide consistency and
uniformity for visitors to BLM-managed
lands, prevent resource damage and
user conflicts, and provide greater safety
to the visiting public.
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Resource Damage: Presidential
Proclamation 9563 added the C–CD unit
to the CCNM and identified objects to be
protected. To ensure protection of the
objects identified in Proclamation 9563,
particularly biological and cultural
objects, the final rule prohibits use and
occupancy of the C–CD from 1⁄2 hour
after sunset to 1⁄2 hour before sunrise.
The final supplementary rule requires
visitors to stay on roads and trails
designated open for non-motorized and
mechanized use. The supplementary
rule requires pets to be on a leash at all
times, and visitors are prohibited from
leaving a pet unattended or allowing pet
feces to remain on C–CD, other than
within trash receptacles provided for
such purposes.
Public Safety: As visitation increases
among all types of recreational users, so
do the conflicts between user groups. In
crowded areas, conflicts among users
increase risk to visitor safety. Other
recreationists and nearby landowners
also have concerns for their personal
safety, as well as damage to property. To
ensure public safety and reduce the risk
of wildfire, the final supplementary rule
prohibits recreational target shooting,
camping, and fires of any kind. To
minimize other visitor-use conflicts, the
final supplementary rule prohibits
leaving property unattended for more
than 24 hours, building any structure,
placing signs of any kind, and the
possession or use of metal detecting
devices. The supplementary rule
prohibits taking off or landing of
aircraft, including unmanned aircraft
systems, paragliding, hang-gliding, and
similar recreational uses within the C–
CD unit of the CCNM.
At present, no supplementary rules
are in effect for BLM-managed public
lands in the C–CD unit. Therefore, this
supplementary rule is needed to address
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management issues and concerns with
respect to public use of this area.
The authority for this supplementary
rule is set forth at sections 303 and 310
of the Federal Land Policy and
Management Act, 43 U.S.C. 1733 and
1740. The BLM is issuing this
supplementary rule under the authority
of 43 CFR 8365.1–6, which allows BLM
State Directors to establish
supplementary rules for the protection
of persons, property, and public lands
and resources.
II. Discussion of Public Comments and
Rationale for Final Supplementary
Rule
On November 29, 2022, the BLM
published a proposed supplementary
rule (87 FR 73276), initiating a 60-day
public comment period that ended on
January 29, 2023. The BLM received 16
unique comments signed by 54
individuals and organizations on the
proposed supplementary rule.
Eleven of the unique comments did
not specifically address the proposed
supplementary rule. The BLM made no
changes to the final supplementary rule
based on these unrelated comments.
The remainder of the comments
provided suggestions for how the BLM
could make the final rule clearer and
provide additional protection of
resources.
Public comments expressed support
for the supplementary rule and the
importance of adhering to the BLM’s
policy and guidance for lands within
the National Landscape Conservation
System.
Public comments suggested the BLM
clarify Rules 3, 7, 19, and 21. The BLM
did not make changes to Rules 3, 7, 19,
or 21 in response to these comments.
The BLM disagrees with the
commenters that the language needs
clarifying. The proposed and final rules
are written in plain language and need
no further explanation.
Public comments also recommended
that the BLM change Rule 17 to prohibit
‘‘unlawfully taking or possessing
wildlife, plants, or plant communities,
or portions thereof, listed as Objects of
the Monument.’’ However, BLM law
enforcement already has authority to
issue citations for removal and
destruction of plants, except as
permitted, under 43 CFR 8365.1–5(a)(2).
No changes were made to Rule 17
because the purpose of this rule is to
allow the BLM to enforce hunting
restrictions that are consistent with
California Department of Fish and
Wildlife (CDFW) regulations. As noted
by the comments on Rule 17, the BLM
plans to seek approval from CDFW to
allow archery hunting at C–CD.
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Public comments suggested that the
BLM should also revise Rule 18 so that
it mirrors the language of the
Endangered Species Act (ESA), which
would prohibit ‘‘disturbing, harming, or
harassing wildlife, plants, or plant
communities, or portions thereof, listed
as objects of the Monument.’’ Another
comment asked that proposed Rule 18
be revised to prohibit disturbing
wildlife in any manner and by any
means. Final Rule 18, however, is
intended to address impacts from
sustained loud noises because that is the
particular issue that BLM believes needs
to be addressed at this time. The agency
does not currently believe that it is
necessary to promulgate a rule that
penalizes the disturbance of wildlife in
any manner, and no changes were made
to Rule 18. The BLM could promulgate
additional wildlife-related
supplementary rules in the future if the
need arises.
Public comments also requested
additional rules that would address
problems related to fireworks;
unauthorized release of translocated
animals, plants, or organisms; and
public interference with authorized
livestock and grazing operations. The
BLM did not incorporate any of these
suggested additional rules into the final
rule because other portions of the final
rule and existing regulations already
address these concerns. For example,
Rule 12 will allow the BLM to enforce
restrictions on fires of any kind,
including fireworks. Under 43 CFR
9212.1, the BLM can also prohibit
sources of ignition through its fire
management and prevention rules at C–
CD. Knowingly introducing weeds or
pathogens is prohibited by 43 CFR
8365.1–4(a)(2) (creating a hazard or
nuisance) and 43 CFR 9264.1(h).
California state law CPC 597s prohibits
the willful abandonment of an animal.
Under 43 CFR 9264.1(e) the BLM can
issue citations for molesting livestock;
and 43 CFR 8365.1–5(a)(1), 43 CFR
8365.1–5(a)(2), and 43 CFR 8365.1–
5(a)(3) provide additional protections
for structures, natural objects, and
minerals.
Ultimately, there were only two
substantive changes, to proposed Rules
6 and 14, based on public comments.
Proposed Rule 6 said, ‘‘established
parking areas are for the use of visitors
to Cotoni-Coast Dairies unit of the
California Coastal National Monument
only.’’ A commenter stated that those
using parking lots are, by definition,
visitors to the C–CD property by virtue
of using a parking lot. To avoid having
visitors use the lots to access beaches
that are not in the C–CD, the commenter
suggested Rule 6 be revised to say
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‘‘visitors leaving vehicles in parking
areas shall not depart from the CotoniCoast Dairies unit of the California
Coastal Monument while their vehicles
remain in those parking areas.’’ The
BLM agrees with the commenter that the
potential for pedestrians crossing State
and County roads near the C–CD to use
nearby beaches at un-marked locations
is a risk to public safety. Rather than
adopt the language recommended by the
commenter, final Rule 6 has been
reworded to clarify that ‘‘members of
the public are prohibited from leaving
the C–CD unit of the CCNM while their
vehicle is parked in BLM-managed
parking areas’’ Rule 6 will be
prominently incorporated into the
BLM’s outreach and education for C–CD
to inform the public that the BLMmanaged parking areas are not designed
to support coastal access for beach-going
visitors; and the BLM’s law enforcement
officers will have the authority to issue
citations to persons violating the rule.
This change will improve public safety
by reducing the frequency of visitors
crossing roads at un-marked locations
while attempting to use BLM-managed
parking areas to access coastal beaches
or adjacent lands. Similarly, another
commenter suggested the BLM add a
rule that would prohibit unpermitted
trail improvements. Rather than include
a new rule, the BLM made a minor
change to final Rule 14, to explain that
‘‘construction or building of any
structure, including trails, is
prohibited.’’ This change will improve
public awareness that unauthorized
improvements to recreation facilities,
including trails, would be a violation of
the supplementary rule for C–CD unit of
the CCNM.
The BLM determined that the
remaining comments from individuals
related to management of C–CD do not
warrant changes to the final
supplementary rule. For example, one
commenter requested the addition of
subheadings to the regulations, which is
unnecessary because the final rule is
already relatively short and is arranged
in a logical order.
In another example, one commenter
asked that the BLM include a definition
for ‘‘electric mobility products,’’ which
is used in Rule 3. The definition
provided for Rule 3, which can be found
in 43 CFR 8340.0–5(j), will allow the
BLM to restrict the use of electric bikes.
The BLM determined a definition for
‘‘electric mobility products’’ is not
needed because it is written in plain
language and encompasses a wide range
of motor-powered personal mobility
devices used for transporting an
individual at speeds that do not
normally exceed 20 miles per hour.
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Nothing in the final rule will diminish
the BLM’s responsibility to provide
reasonable modifications for access in
accordance with Section 504 of the
Rehabilitation Act and ensure that
persons with disabilities receive the
benefits and services of BLM programs
and activities.
Restrictions on feeding wild animals
can be enforced under 43 CFR 8365
(creating a hazard or nuisance).
Commenters suggested that instead of
Rule 7 prohibiting the use of public
lands within the C–CD starting 1⁄2 hour
after sunset and ending 1⁄2 hour before
sunrise, Rule 7 should prohibit use
before ‘‘sunrise’’ and after ‘‘sunset,’’ or
add a definition for these two terms.
Neither of these changes would make
Rule 7 more effective because sunrise
and sunset fluctuate daily, depending
on the time of the year and the latitude
and longitude of a specific location. The
BLM also anticipates many visitors who
enjoy watching the sunrise (or sunset)
will arrive (or depart) during the 1⁄2 hour
grace period. The plain language of Rule
7 is simple and easy to understand, and
it is common for land management
agencies to restrict occupancy and use
of outdoor recreation areas starting 30
minutes after sunset and ending 30
minutes before sunrise.
Similarly, one comment requested
that we add a definition for ‘‘service
animal’’ to Rule 8. A definition of
‘‘service animal’’ that is similar to the
definition in the Americans with
Disabilities Act of 1990, as amended,
has been added.
One commenter asked for an
additional rule that would prohibit
unauthorized commercial activities. The
BLM did not include this change in the
final rule because unauthorized
commercial activities are already
prohibited under 43 CFR 2932.57.
Commenters asked the BLM to clarify
the types of persons that would be
exempt from this final rule and how the
public would be informed of such
exemptions. The BLM did not make
changes in response to this request
because the language of the final
supplementary rule plainly states that
exempt persons include any Federal,
State, or local officer or employee in the
scope of their duties; members of any
organized law enforcement, rescue, or
fire-fighting force in performance of an
official duty; and any person whose
activities are authorized in writing by
the BLM. Based on the standard
exemption language, the BLM’s
authorized officer can provide written
approval to persons that support
operations necessary to pursue the
BLM’s goals and objectives for C–CD.
Examples include, but are not limited
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to, livestock operators, scientists and
other researchers, Tribal members,
contractors, volunteers, and existing
rights holders.
Comments related to development of
BLM management plans and resource
inventories are outside the scope of this
final supplementary rule. Accordingly,
the BLM made no changes in response
to those comments. As stated earlier,
this final supplementary rule is based
on management actions listed in the
Decision Record for the C–CD RMP
amendment, approved on June 23, 2021,
and the original CCNM RMP completed
in 2005, both of which involved
extensive public involvement.
The final supplementary rule will
allow the BLM to enforce portions of the
C–CD RMP amendment and other
existing policies that guide management
and protection of monument objects and
values identified in Presidential
Proclamation 9563, signed January 12,
2017. The public will be informed of
these restrictions with signs posted
along roads, in parking areas, and other
important locations. Additional public
notice of the BLM final supplementary
rule will be provided through local
news releases, social media, and
information published on maps,
brochures, educational materials, and
websites. As a result, the final
supplementary rule is expected to
promote stewardship of the public lands
and increase appreciation and
understanding of the resource objects
and values of the C–CD unit of the
CCNM.
The BLM’s final supplementary rule
decision may be appealed to the Interior
Board of Land Appeals, Office of the
Secretary, in accordance with the
regulations contained in 43 CFR part 4.
III. Procedural Matters
Regulatory Planning and Review
(Executive Orders (E.O.) 12866 and
13563)
This final 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, as amended by
E.O. 14094. The final supplementary
rule will not have an annual effect of
$200 million or more on the economy.
It is not intended to affect commercial
activity, but rather impose rules of
conduct on recreational visitors for
public safety and resource protection
reasons in a limited area of public lands.
This final supplementary rule will not
adversely affect, in a material way, the
economy, productivity, competition,
jobs, the environment, public health or
safety, or state, local, or Tribal
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governments or communities. This final
supplementary rule will not create a
serious inconsistency or otherwise
interfere with an action taken or
planned by another agency. This final
supplementary rule will not materially
alter the budgetary effects of
entitlements, grants, user fees, or loan
programs, or the right or obligations of
their recipients, nor does it raise novel
legal or policy issues. It merely strives
to protect public safety and the
environment.
Regulatory Flexibility Act
Congress enacted the Regulatory
Flexibility Act (RFA), 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 final supplementary rule does not
pertain specifically to commercial or
governmental entities of any size, but to
public recreational use of specific
public lands. Therefore, the BLM has
determined that under the RFA the final
supplementary rule will not have a
significant economic impact on a
substantial number of small entities.
Congressional Review Act
This final supplementary rule does
not meet the criteria of 5 U.S.C. 804(2).
This final supplementary rule merely
contains rules of conduct for
recreational use of public lands. This
final supplementary rule will not affect
business, commercial, or industrial use
of the public lands.
Unfunded Mandates Reform Act
This final 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. This final
supplementary rule does not require
anything of State, local, or Tribal
governments. Therefore, the BLM is not
required to prepare a statement
containing the information required by
the Unfunded Mandates Reform Act, 2
U.S.C. 1531 et seq.
Governmental Actions and Interference
With Constitutionally Protected Property
Rights—Takings (E.O. 12630)
This final supplementary rule will not
affect a taking of private property or
otherwise have taking implications
under E.O. 12630. This final
supplementary rule will not address
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property rights in any form and will not
impair any property rights. Therefore,
the BLM has determined that this final
supplementary rule will not cause a
taking of private property or require
further discussion of takings
implications under this E.O.
Federalism (E.O. 13132)
This final supplementary rule will not
have a substantial direct effect on the
States, on the relationship between the
Federal government and the States, or
on the distribution of power and
responsibilities among the various
levels of government. This final
supplementary rule will apply to a
limited area of land in only one State:
California. This supplementary rule
contains rules of conduct for
recreational use of BLM-managed public
lands to protect public safety and the
environment. Therefore, the BLM has
determined that this final
supplementary rule will not have
sufficient federalism implications to
warrant preparation of a federalism
assessment.
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Civil Justice Reform (E.O. 12988)
Under E.O. 12988, the BLM has
determined that this final
supplementary rule will not unduly
burden the judicial system and that the
requirements of sections 3(a) and 3(b)(2)
of the Order are met. More specifically,
this final rule meets the criteria of
section 3(a), which requires agencies to
review all regulations to eliminate errors
and ambiguity and to write all
regulations to minimize litigation. This
final rule also meets the criteria of
section 3(b)(2), which requires agencies
to write all regulations in clear language
with clear legal standards.
Consultation and Coordination With
Indian Tribal Governments (E.O. 13175
and Departmental Policy)
The Department strives to strengthen
its government-to-government
relationship with Indian Tribes through
a commitment to consultation with
Indian Tribes and recognition of their
right to self-governance and Tribal
sovereignty. The BLM evaluated this
final rule under the Department’s
consultation policy and under the
criteria in E.O. 13175 to identify
possible effects of the rule on federally
recognized Indian Tribes. The BLM has
found that this final supplementary rule
will have no substantial direct effects on
federally recognized Indian Tribes and
that consultation under the
Department’s Tribal consultation policy
is not required. This final
supplementary rule will not affect lands
held in trust for the benefit of Native
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American Tribes, individual Indians,
Aleuts, or others.
Paperwork Reduction Act (44 U.S.C.
3501 et seq.)
This final supplementary rule does
not contain information collection
requirements that the Office of
Management and Budget must approve
under the Paperwork Reduction Act, 44
U.S.C. 3501 et seq.
National Environmental Policy Act
The final supplementary rule will
facilitate implementation of
management direction established in
CCNM RMP, as amended, and the C–CD
RMP amendment. The environmental
impacts of the final supplementary rule
were analyzed in the Environmental
Impact Statement supporting the CCNM
RMP and the environmental assessment
(EA), dated September 25, 2020,
supporting the C–CD RMP amendment.
Therefore, additional NEPA analysis is
not necessary.
Effects on the Energy Supply (E.O.
13211)
This final supplementary rule will not
comprise a significant energy action.
This supplementary rule will not have
an adverse effect on energy supplies,
production, or consumption. It only
addresses rules of conduct for
recreational use of BLM-managed public
lands to protect public safety and the
environment and has no connection
with energy policy.
Author
The principal author of the final
supplementary rule is Nicholas Lasher,
BLM Law Enforcement Officer for the
Central Coast Field Office, California.
V. Final Rule
For the reasons stated in the
preamble, and under the authority for
supplementary rules at 43 U.S.C. 1740
and 43 CFR 8365.1–6, the California
State Director, Bureau of Land
Management, establishes a final
supplementary rule for all public lands
included in the Cotoni-Coast Dairies (C–
CD) unit of the California Coastal
National Monument (CCNM) to read as
follows:
Definitions
Designated roads and trails means
any road or trail that the BLM has
posted as open for public use.
Pet means any domestic animal that is
not classified as a ‘‘service animal.’’
Public lands means any lands or
interest in lands managed by the BLM.
Public road means any road, dirt or
otherwise, on which public motorized
vehicular traffic is permitted.
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Recreational target shooting means
shooting a weapon for recreational
purposes when game is not being legally
pursued. Weapon includes any firearm,
cross bow, bow and arrow, paint gun,
fireworks, or explosive device capable
of propelling a projectile either by
means of an explosion or by string or
spring.
Service animal means a dog, or other
animal, that is individually trained to
do work or perform tasks for people
with disabilities.
Traffic control devices means
markers, signs, and signal devices used
to inform, guide, and control traffic,
including pedestrians, motorists,
cyclists, or electronic mobility products.
Unattended pet means any pet that is
unaccompanied by an owner or handler,
even if on a tether, within a crate, or
within an unoccupied motor vehicle.
Unmanned aircraft system means any
aircraft without a human pilot on board
(e.g., drones).
Restrictions on public lands in the C–
CD unit of the CCNM:
1. All public use is restricted to
designated roads and trails.
2. Bicycles and bicycle riding are
prohibited except on designated roads
and trails that are posted as open for
bicycle and bicycle riding use.
3. Electric bicycles, as defined in 43
CFR 8340.0–5(j), are prohibited except
on roads designated for such use in
accordance with applicable law. All
other electric mobility products are
prohibited except within established
parking areas and public roads, and in
accordance with applicable law.
4. Horseback riding is prohibited
except on designated roads and trails
that are posted as open for horseback
riding use.
5. Violating any posted sign, rule, or
notification, including any traffic
control device, is prohibited.
6. Members of the public are
prohibited from leaving the C–CD unit
of the CCNM while their vehicle is
parked in BLM-managed parking areas.
7. Use and occupancy of all lands
within the C–CD are prohibited from 1⁄2
hour after sunset to 1⁄2 hour before
sunrise.
8. Pets are prohibited except on
designated roads and trails that are
posted as open for their use. Service
animals are exempt from this rule.
9. All pets must be physically
restrained, or on a leash or cord not to
exceed 6 feet in length, at all times.
10. Visitors are prohibited from
leaving a pet unattended.
11. It is unlawful for the owner or
person having custody of any pet to
allow pet feces to remain on C–CD,
either willfully or through failure to
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exercise due care or control, other than
within trash receptacles provided for
such purposes.
12. Fires of any kind are prohibited,
including open fire, wood, charcoal, and
gas.
13. Abandoning property or leaving
property unattended for more than 24
hours is prohibited. The BLM may
remove and appropriately dispose of
unattended property.
14. Construction or building of any
structure, including trails, is prohibited.
15. Placing flagging, markings, or
signs of any kind is prohibited.
16. Possession or use of a mineral or
metal detector, magnetometer, side scan
sonar, other metal detecting device, or
sub-bottom profiler is prohibited.
17. The taking of wildlife, except for
authorized hunting activities in
accordance with California Department
of Fish and Wildlife regulations, and
possessing unlawfully taken wildlife or
portions thereof, is prohibited.
18. Knowingly or willfully disturbing
wildlife with audio devices, including
speakers, air horns, and musical
instruments, is prohibited.
19. Taking off or landing of aircraft,
including unmanned aircraft systems, is
prohibited.
20. Taking off or landings a
paraglider, hang-glider, or similar
recreational equipment is prohibited
within the C–CD unit of the CCNM.
21. Recreational target shooting is
prohibited.
Gordon Toevs,
Acting California State Director.
[FR Doc. 2024–08608 Filed 4–26–24; 8:45 am]
BILLING CODE 4331–15–P
Commission will publish a document in
the Federal Register announcing the
effective date for the amendments to
§§ 101.63(b), 101.1523(a) and (e), and
101.1528(a)(11), (b)(10), and (d).
FOR FURTHER INFORMATION CONTACT:
FEDERAL COMMUICATIONS
COMMISSION
Jeffrey Tignor, Wireless
Telecommunications Bureau,
Broadband Division, at Jeffrey.Tignor@
fcc.gov or 202–418–0774.
47 CFR Parts 0 and 101
SUPPLEMENTARY INFORMATION:
[WT Docket No. 20–133; FCC 24–16; FR ID
207939]
Modernizing and Expanding Access to
the 70/80/90 GHz Bands; Report and
Order
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
This is a
summary of the Commission’s Report
and Order in WT Docket No. 20–33,
FCC 24–16; adopted on January 24, 2024
and released on January 26, 2024. The
full text of this document (as corrected
by Erratum released on April 10, 2024)
is available at https://docs.fcc.gov/
public/attachments/FCC-24-16A1.pdf.
Final Regulatory Flexibility Analysis
In this document, the Federal
Communications Commission
(Commission) continues to play a
leading role in fostering innovation in
the provisioning of broadband,
including through novel technological
solutions as well as fifth-generation
wireless technology (5G). Meeting the
non-stop growth in demand for wireless
broadband connectivity is more
important than ever due to the outsized
impact the internet has on its work,
education, health care, and personal
connections. Recognizing this reality,
and to help close the digital divide, the
Report and Order adopts new rules and
updates preexisting ones. The
Commission also updates its rules to
permit the use of smaller and lower-cost
antennas to facilitate the provision of
backhaul service and mandates a
channelization plan . Finally, the
Commission adopts changes to the link
registration process in certain bands
requiring certification of construction of
registered links to promote more
efficient use of this spectrum and
improve the accuracy of the link
registration database.
DATES: Effective May 29, 2024, except
for the addition of § 101.147(z)(3) at
instruction 9, which is effective on
September 1, 2024. The amendments to
§§ 101.63(b) at instruction 5,
101.1523(a) and (e) at instruction 12,
and 101.1528(a)(11), (b)(10), and (d) at
instruction 14 are delayed indefinitely.
The Federal Communications
As required by the Regulatory
Flexibility Act of 1980, as amended
(RFA), an Initial Regulatory Flexibility
Analysis (IRFA) was incorporated into
the Modernizing and Expanding Access
to the 70/80/90 GHz Bands, Notice of
Proposed Rulemaking (70/80/90 GHz
NPRM) released in June 2020 (85 FR
40168, July 6, 2020). The Commission
sought written public comment on the
proposals in the NPRM, including
comments on the IRFA. No comments
were filed addressing the IRFA. This
present Final Regulatory Flexibility
Analysis (FRFA) conforms to the RFA.
Band
Non-Federal use
Federal use
71–74 GHz ........................................................
Fixed, Fixed Satellite, Mobile, and Mobile Satellite.
Fixed, Fixed Satellite, Mobile, and Mobile Satellite.
Exemptions
The following persons are exempt
from these final supplementary rules:
Any Federal, State, or local officer or
employee in the scope of their duties;
members of any organized law
enforcement, rescue, or fire-fighting
force in performance of an official duty;
and any person whose activities are
authorized in writing by the BLM.
Enforcement
Any person who violates any part of
the final 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 8360.0–7, or both. In accordance
with 43 CFR 8365.1–7, State or local
officials may also impose penalties for
violations of California and local law.
khammond on DSKJM1Z7X2PROD with RULES
(Authority: 43 CFR 8365.1–6)
SUMMARY:
Congressional Review Act
The Commission will submit the
Report and Order to the Administrator
of the Office of Information and
Regulatory Affairs, Office of
Management and Budget, for
concurrence as to whether this rule is
‘‘major’’ or ‘‘non-major’’ under the
Congressional Review Act, 5 U.S.C.
804(2). The Commission will send a
copy of this Report and Order to
Congress and the Government
Accountability Office pursuant to 5
U.S.C. 801(a)(1)(A).
I. Background
1. In the United States, the 71–76
GHz, 81–86 GHz, 92–94 GHz, and 94.1–
95 GHz bands (collectively, the 70/80/
90 GHz bands) are allocated on a coprimary basis for Federal and nonFederal use, as follows.
1 Additional allocations for Federal and nonFederal use for Space Research are on a secondary
basis.
VerDate Sep<11>2014
15:46 Apr 26, 2024
Jkt 262001
PO 00000
Frm 00060
Fmt 4700
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]]>Agencies
[Federal Register Volume 89, Number 83 (Monday, April 29, 2024)]
[Rules and Regulations]
[Pages 33238-33242]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08608]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 8360
[BLM_CA_FRN_MO4500173363]
Final Supplementary Rule for Public Lands in the Cotoni-Coast
Dairies Unit of the California Coastal National Monument in Santa Cruz
County, CA
AGENCY: Bureau of Land Management, Interior.
ACTION: Final supplementary rule.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Land Management (BLM) is finalizing a
supplementary rule for all public lands within the Cotoni-Coast Dairies
(C-CD) unit of the California Coastal National Monument (CCNM) in Santa
Cruz County, California. The final supplementary rule will allow the
BLM to manage recreation, address public safety, and provide resource
protection on BLM-managed public lands within the C-CD unit of the
CCNM. The supplementary rule is needed to enforce the BLM's decisions
established in the CCNM Resource Management Plan, as amended.
DATES: These supplementary rules are effective May 29, 2024.
ADDRESSES: You may submit inquiries by mail, hand-delivery, or
electronic mail. Mail: Bureau of Land Management, California State
Office, 2800 Cottage Way Suite W1623, Sacramento, CA 95825. Electronic
mail: [email protected].
FOR FURTHER INFORMATION CONTACT: Sky Murphy, Planning and Environmental
Coordinator, BLM Central Coast Field Office; telephone: (831) 582-2200,
email: [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. Background
The BLM completed the C-CD Resource Management Plan (RMP) amendment
on June 23, 2021, to establish land use decisions that protect the
objects and values of the C-CD unit of the CCNM and to support
responsible recreation opportunities. Public participation during
planning for the use and enjoyment of the C-CD unit indicates that it
will be a popular area for recreating, and a supplementary rule is
needed to allow for law enforcement to enforce land-use decisions for
managing recreation and to protect cultural and natural resources.
This final supplementary rule will apply to all the BLM-managed
lands in the C-CD unit. Persons performing essential operations central
to the BLM's mission will be exempt. Such persons include, for example,
members of any organized law enforcement, rescue, or fire-fighting
force.
The final supplementary rule is needed to provide consistency and
uniformity for visitors to BLM-managed lands, prevent resource damage
and user conflicts, and provide greater safety to the visiting public.
Resource Damage: Presidential Proclamation 9563 added the C-CD unit
to the CCNM and identified objects to be protected. To ensure
protection of the objects identified in Proclamation 9563, particularly
biological and cultural objects, the final rule prohibits use and
occupancy of the C-CD from \1/2\ hour after sunset to \1/2\ hour before
sunrise. The final supplementary rule requires visitors to stay on
roads and trails designated open for non-motorized and mechanized use.
The supplementary rule requires pets to be on a leash at all times, and
visitors are prohibited from leaving a pet unattended or allowing pet
feces to remain on C-CD, other than within trash receptacles provided
for such purposes.
Public Safety: As visitation increases among all types of
recreational users, so do the conflicts between user groups. In crowded
areas, conflicts among users increase risk to visitor safety. Other
recreationists and nearby landowners also have concerns for their
personal safety, as well as damage to property. To ensure public safety
and reduce the risk of wildfire, the final supplementary rule prohibits
recreational target shooting, camping, and fires of any kind. To
minimize other visitor-use conflicts, the final supplementary rule
prohibits leaving property unattended for more than 24 hours, building
any structure, placing signs of any kind, and the possession or use of
metal detecting devices. The supplementary rule prohibits taking off or
landing of aircraft, including unmanned aircraft systems, paragliding,
hang-gliding, and similar recreational uses within the C-CD unit of the
CCNM.
At present, no supplementary rules are in effect for BLM-managed
public lands in the C-CD unit. Therefore, this supplementary rule is
needed to address
[[Page 33239]]
management issues and concerns with respect to public use of this area.
The authority for this supplementary rule is set forth at sections
303 and 310 of the Federal Land Policy and Management Act, 43 U.S.C.
1733 and 1740. The BLM is issuing this supplementary rule under the
authority of 43 CFR 8365.1-6, which allows BLM State Directors to
establish supplementary rules for the protection of persons, property,
and public lands and resources.
II. Discussion of Public Comments and Rationale for Final Supplementary
Rule
On November 29, 2022, the BLM published a proposed supplementary
rule (87 FR 73276), initiating a 60-day public comment period that
ended on January 29, 2023. The BLM received 16 unique comments signed
by 54 individuals and organizations on the proposed supplementary rule.
Eleven of the unique comments did not specifically address the
proposed supplementary rule. The BLM made no changes to the final
supplementary rule based on these unrelated comments.
The remainder of the comments provided suggestions for how the BLM
could make the final rule clearer and provide additional protection of
resources.
Public comments expressed support for the supplementary rule and
the importance of adhering to the BLM's policy and guidance for lands
within the National Landscape Conservation System.
Public comments suggested the BLM clarify Rules 3, 7, 19, and 21.
The BLM did not make changes to Rules 3, 7, 19, or 21 in response to
these comments. The BLM disagrees with the commenters that the language
needs clarifying. The proposed and final rules are written in plain
language and need no further explanation.
Public comments also recommended that the BLM change Rule 17 to
prohibit ``unlawfully taking or possessing wildlife, plants, or plant
communities, or portions thereof, listed as Objects of the Monument.''
However, BLM law enforcement already has authority to issue citations
for removal and destruction of plants, except as permitted, under 43
CFR 8365.1-5(a)(2). No changes were made to Rule 17 because the purpose
of this rule is to allow the BLM to enforce hunting restrictions that
are consistent with California Department of Fish and Wildlife (CDFW)
regulations. As noted by the comments on Rule 17, the BLM plans to seek
approval from CDFW to allow archery hunting at C-CD.
Public comments suggested that the BLM should also revise Rule 18
so that it mirrors the language of the Endangered Species Act (ESA),
which would prohibit ``disturbing, harming, or harassing wildlife,
plants, or plant communities, or portions thereof, listed as objects of
the Monument.'' Another comment asked that proposed Rule 18 be revised
to prohibit disturbing wildlife in any manner and by any means. Final
Rule 18, however, is intended to address impacts from sustained loud
noises because that is the particular issue that BLM believes needs to
be addressed at this time. The agency does not currently believe that
it is necessary to promulgate a rule that penalizes the disturbance of
wildlife in any manner, and no changes were made to Rule 18. The BLM
could promulgate additional wildlife-related supplementary rules in the
future if the need arises.
Public comments also requested additional rules that would address
problems related to fireworks; unauthorized release of translocated
animals, plants, or organisms; and public interference with authorized
livestock and grazing operations. The BLM did not incorporate any of
these suggested additional rules into the final rule because other
portions of the final rule and existing regulations already address
these concerns. For example, Rule 12 will allow the BLM to enforce
restrictions on fires of any kind, including fireworks. Under 43 CFR
9212.1, the BLM can also prohibit sources of ignition through its fire
management and prevention rules at C-CD. Knowingly introducing weeds or
pathogens is prohibited by 43 CFR 8365.1-4(a)(2) (creating a hazard or
nuisance) and 43 CFR 9264.1(h). California state law CPC 597s prohibits
the willful abandonment of an animal. Under 43 CFR 9264.1(e) the BLM
can issue citations for molesting livestock; and 43 CFR 8365.1-5(a)(1),
43 CFR 8365.1-5(a)(2), and 43 CFR 8365.1-5(a)(3) provide additional
protections for structures, natural objects, and minerals.
Ultimately, there were only two substantive changes, to proposed
Rules 6 and 14, based on public comments. Proposed Rule 6 said,
``established parking areas are for the use of visitors to Cotoni-Coast
Dairies unit of the California Coastal National Monument only.'' A
commenter stated that those using parking lots are, by definition,
visitors to the C-CD property by virtue of using a parking lot. To
avoid having visitors use the lots to access beaches that are not in
the C-CD, the commenter suggested Rule 6 be revised to say ``visitors
leaving vehicles in parking areas shall not depart from the Cotoni-
Coast Dairies unit of the California Coastal Monument while their
vehicles remain in those parking areas.'' The BLM agrees with the
commenter that the potential for pedestrians crossing State and County
roads near the C-CD to use nearby beaches at un-marked locations is a
risk to public safety. Rather than adopt the language recommended by
the commenter, final Rule 6 has been reworded to clarify that ``members
of the public are prohibited from leaving the C-CD unit of the CCNM
while their vehicle is parked in BLM-managed parking areas'' Rule 6
will be prominently incorporated into the BLM's outreach and education
for C-CD to inform the public that the BLM-managed parking areas are
not designed to support coastal access for beach-going visitors; and
the BLM's law enforcement officers will have the authority to issue
citations to persons violating the rule. This change will improve
public safety by reducing the frequency of visitors crossing roads at
un-marked locations while attempting to use BLM-managed parking areas
to access coastal beaches or adjacent lands. Similarly, another
commenter suggested the BLM add a rule that would prohibit unpermitted
trail improvements. Rather than include a new rule, the BLM made a
minor change to final Rule 14, to explain that ``construction or
building of any structure, including trails, is prohibited.'' This
change will improve public awareness that unauthorized improvements to
recreation facilities, including trails, would be a violation of the
supplementary rule for C-CD unit of the CCNM.
The BLM determined that the remaining comments from individuals
related to management of C-CD do not warrant changes to the final
supplementary rule. For example, one commenter requested the addition
of subheadings to the regulations, which is unnecessary because the
final rule is already relatively short and is arranged in a logical
order.
In another example, one commenter asked that the BLM include a
definition for ``electric mobility products,'' which is used in Rule 3.
The definition provided for Rule 3, which can be found in 43 CFR
8340.0-5(j), will allow the BLM to restrict the use of electric bikes.
The BLM determined a definition for ``electric mobility products'' is
not needed because it is written in plain language and encompasses a
wide range of motor-powered personal mobility devices used for
transporting an individual at speeds that do not normally exceed 20
miles per hour.
[[Page 33240]]
Nothing in the final rule will diminish the BLM's responsibility to
provide reasonable modifications for access in accordance with Section
504 of the Rehabilitation Act and ensure that persons with disabilities
receive the benefits and services of BLM programs and activities.
Restrictions on feeding wild animals can be enforced under 43 CFR
8365 (creating a hazard or nuisance).
Commenters suggested that instead of Rule 7 prohibiting the use of
public lands within the C-CD starting \1/2\ hour after sunset and
ending \1/2\ hour before sunrise, Rule 7 should prohibit use before
``sunrise'' and after ``sunset,'' or add a definition for these two
terms. Neither of these changes would make Rule 7 more effective
because sunrise and sunset fluctuate daily, depending on the time of
the year and the latitude and longitude of a specific location. The BLM
also anticipates many visitors who enjoy watching the sunrise (or
sunset) will arrive (or depart) during the \1/2\ hour grace period. The
plain language of Rule 7 is simple and easy to understand, and it is
common for land management agencies to restrict occupancy and use of
outdoor recreation areas starting 30 minutes after sunset and ending 30
minutes before sunrise.
Similarly, one comment requested that we add a definition for
``service animal'' to Rule 8. A definition of ``service animal'' that
is similar to the definition in the Americans with Disabilities Act of
1990, as amended, has been added.
One commenter asked for an additional rule that would prohibit
unauthorized commercial activities. The BLM did not include this change
in the final rule because unauthorized commercial activities are
already prohibited under 43 CFR 2932.57.
Commenters asked the BLM to clarify the types of persons that would
be exempt from this final rule and how the public would be informed of
such exemptions. The BLM did not make changes in response to this
request because the language of the final supplementary rule plainly
states that exempt persons include any Federal, State, or local officer
or employee in the scope of their duties; members of any organized law
enforcement, rescue, or fire-fighting force in performance of an
official duty; and any person whose activities are authorized in
writing by the BLM. Based on the standard exemption language, the BLM's
authorized officer can provide written approval to persons that support
operations necessary to pursue the BLM's goals and objectives for C-CD.
Examples include, but are not limited to, livestock operators,
scientists and other researchers, Tribal members, contractors,
volunteers, and existing rights holders.
Comments related to development of BLM management plans and
resource inventories are outside the scope of this final supplementary
rule. Accordingly, the BLM made no changes in response to those
comments. As stated earlier, this final supplementary rule is based on
management actions listed in the Decision Record for the C-CD RMP
amendment, approved on June 23, 2021, and the original CCNM RMP
completed in 2005, both of which involved extensive public involvement.
The final supplementary rule will allow the BLM to enforce portions
of the C-CD RMP amendment and other existing policies that guide
management and protection of monument objects and values identified in
Presidential Proclamation 9563, signed January 12, 2017. The public
will be informed of these restrictions with signs posted along roads,
in parking areas, and other important locations. Additional public
notice of the BLM final supplementary rule will be provided through
local news releases, social media, and information published on maps,
brochures, educational materials, and websites. As a result, the final
supplementary rule is expected to promote stewardship of the public
lands and increase appreciation and understanding of the resource
objects and values of the C-CD unit of the CCNM.
The BLM's final supplementary rule decision may be appealed to the
Interior Board of Land Appeals, Office of the Secretary, in accordance
with the regulations contained in 43 CFR part 4.
III. Procedural Matters
Regulatory Planning and Review (Executive Orders (E.O.) 12866 and
13563)
This final 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, as amended by E.O. 14094. The final
supplementary rule will not have an annual effect of $200 million or
more on the economy. It is not intended to affect commercial activity,
but rather impose rules of conduct on recreational visitors for public
safety and resource protection reasons in a limited area of public
lands. This final supplementary rule will 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. This final supplementary rule will not
create a serious inconsistency or otherwise interfere with an action
taken or planned by another agency. This final supplementary rule will
not materially alter the budgetary effects of entitlements, grants,
user fees, or loan programs, or the right or obligations of their
recipients, nor does it raise novel legal or policy issues. It merely
strives to protect public safety and the environment.
Regulatory Flexibility Act
Congress enacted the Regulatory Flexibility Act (RFA), 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 final supplementary rule does not pertain
specifically to commercial or governmental entities of any size, but to
public recreational use of specific public lands. Therefore, the BLM
has determined that under the RFA the final supplementary rule will not
have a significant economic impact on a substantial number of small
entities.
Congressional Review Act
This final supplementary rule does not meet the criteria of 5
U.S.C. 804(2). This final supplementary rule merely contains rules of
conduct for recreational use of public lands. This final supplementary
rule will not affect business, commercial, or industrial use of the
public lands.
Unfunded Mandates Reform Act
This final 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. This final
supplementary rule does not require anything of State, local, or Tribal
governments. Therefore, the BLM is not required to prepare a statement
containing the information required by the Unfunded Mandates Reform
Act, 2 U.S.C. 1531 et seq.
Governmental Actions and Interference With Constitutionally Protected
Property Rights--Takings (E.O. 12630)
This final supplementary rule will not affect a taking of private
property or otherwise have taking implications under E.O. 12630. This
final supplementary rule will not address
[[Page 33241]]
property rights in any form and will not impair any property rights.
Therefore, the BLM has determined that this final supplementary rule
will not cause a taking of private property or require further
discussion of takings implications under this E.O.
Federalism (E.O. 13132)
This final supplementary rule will not have a substantial direct
effect on the States, on the relationship between the Federal
government and the States, or on the distribution of power and
responsibilities among the various levels of government. This final
supplementary rule will apply to a limited area of land in only one
State: California. This supplementary rule contains rules of conduct
for recreational use of BLM-managed public lands to protect public
safety and the environment. Therefore, the BLM has determined that this
final supplementary rule will not have sufficient federalism
implications to warrant preparation of a federalism assessment.
Civil Justice Reform (E.O. 12988)
Under E.O. 12988, the BLM has determined that this final
supplementary rule will not unduly burden the judicial system and that
the requirements of sections 3(a) and 3(b)(2) of the Order are met.
More specifically, this final rule meets the criteria of section 3(a),
which requires agencies to review all regulations to eliminate errors
and ambiguity and to write all regulations to minimize litigation. This
final rule also meets the criteria of section 3(b)(2), which requires
agencies to write all regulations in clear language with clear legal
standards.
Consultation and Coordination With Indian Tribal Governments (E.O.
13175 and Departmental Policy)
The Department strives to strengthen its government-to-government
relationship with Indian Tribes through a commitment to consultation
with Indian Tribes and recognition of their right to self-governance
and Tribal sovereignty. The BLM evaluated this final rule under the
Department's consultation policy and under the criteria in E.O. 13175
to identify possible effects of the rule on federally recognized Indian
Tribes. The BLM has found that this final supplementary rule will have
no substantial direct effects on federally recognized Indian Tribes and
that consultation under the Department's Tribal consultation policy is
not required. This final supplementary rule will not affect lands held
in trust for the benefit of Native American Tribes, individual Indians,
Aleuts, or others.
Paperwork Reduction Act (44 U.S.C. 3501 et seq.)
This final supplementary rule does not contain information
collection requirements that the Office of Management and Budget must
approve under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
National Environmental Policy Act
The final supplementary rule will facilitate implementation of
management direction established in CCNM RMP, as amended, and the C-CD
RMP amendment. The environmental impacts of the final supplementary
rule were analyzed in the Environmental Impact Statement supporting the
CCNM RMP and the environmental assessment (EA), dated September 25,
2020, supporting the C-CD RMP amendment. Therefore, additional NEPA
analysis is not necessary.
Effects on the Energy Supply (E.O. 13211)
This final supplementary rule will not comprise a significant
energy action. This supplementary rule will not have an adverse effect
on energy supplies, production, or consumption. It only addresses rules
of conduct for recreational use of BLM-managed public lands to protect
public safety and the environment and has no connection with energy
policy.
Author
The principal author of the final supplementary rule is Nicholas
Lasher, BLM Law Enforcement Officer for the Central Coast Field Office,
California.
V. Final Rule
For the reasons stated in the preamble, and under the authority for
supplementary rules at 43 U.S.C. 1740 and 43 CFR 8365.1-6, the
California State Director, Bureau of Land Management, establishes a
final supplementary rule for all public lands included in the Cotoni-
Coast Dairies (C-CD) unit of the California Coastal National Monument
(CCNM) to read as follows:
Definitions
Designated roads and trails means any road or trail that the BLM
has posted as open for public use.
Pet means any domestic animal that is not classified as a ``service
animal.''
Public lands means any lands or interest in lands managed by the
BLM.
Public road means any road, dirt or otherwise, on which public
motorized vehicular traffic is permitted.
Recreational target shooting means shooting a weapon for
recreational purposes when game is not being legally pursued. Weapon
includes any firearm, cross bow, bow and arrow, paint gun, fireworks,
or explosive device capable of propelling a projectile either by means
of an explosion or by string or spring.
Service animal means a dog, or other animal, that is individually
trained to do work or perform tasks for people with disabilities.
Traffic control devices means markers, signs, and signal devices
used to inform, guide, and control traffic, including pedestrians,
motorists, cyclists, or electronic mobility products.
Unattended pet means any pet that is unaccompanied by an owner or
handler, even if on a tether, within a crate, or within an unoccupied
motor vehicle.
Unmanned aircraft system means any aircraft without a human pilot
on board (e.g., drones).
Restrictions on public lands in the C-CD unit of the CCNM:
1. All public use is restricted to designated roads and trails.
2. Bicycles and bicycle riding are prohibited except on designated
roads and trails that are posted as open for bicycle and bicycle riding
use.
3. Electric bicycles, as defined in 43 CFR 8340.0-5(j), are
prohibited except on roads designated for such use in accordance with
applicable law. All other electric mobility products are prohibited
except within established parking areas and public roads, and in
accordance with applicable law.
4. Horseback riding is prohibited except on designated roads and
trails that are posted as open for horseback riding use.
5. Violating any posted sign, rule, or notification, including any
traffic control device, is prohibited.
6. Members of the public are prohibited from leaving the C-CD unit
of the CCNM while their vehicle is parked in BLM-managed parking areas.
7. Use and occupancy of all lands within the C-CD are prohibited
from \1/2\ hour after sunset to \1/2\ hour before sunrise.
8. Pets are prohibited except on designated roads and trails that
are posted as open for their use. Service animals are exempt from this
rule.
9. All pets must be physically restrained, or on a leash or cord
not to exceed 6 feet in length, at all times.
10. Visitors are prohibited from leaving a pet unattended.
11. It is unlawful for the owner or person having custody of any
pet to allow pet feces to remain on C-CD, either willfully or through
failure to
[[Page 33242]]
exercise due care or control, other than within trash receptacles
provided for such purposes.
12. Fires of any kind are prohibited, including open fire, wood,
charcoal, and gas.
13. Abandoning property or leaving property unattended for more
than 24 hours is prohibited. The BLM may remove and appropriately
dispose of unattended property.
14. Construction or building of any structure, including trails, is
prohibited.
15. Placing flagging, markings, or signs of any kind is prohibited.
16. Possession or use of a mineral or metal detector, magnetometer,
side scan sonar, other metal detecting device, or sub-bottom profiler
is prohibited.
17. The taking of wildlife, except for authorized hunting
activities in accordance with California Department of Fish and
Wildlife regulations, and possessing unlawfully taken wildlife or
portions thereof, is prohibited.
18. Knowingly or willfully disturbing wildlife with audio devices,
including speakers, air horns, and musical instruments, is prohibited.
19. Taking off or landing of aircraft, including unmanned aircraft
systems, is prohibited.
20. Taking off or landings a paraglider, hang-glider, or similar
recreational equipment is prohibited within the C-CD unit of the CCNM.
21. Recreational target shooting is prohibited.
Exemptions
The following persons are exempt from these final supplementary
rules: Any Federal, State, or local officer or employee in the scope of
their duties; members of any organized law enforcement, rescue, or
fire-fighting force in performance of an official duty; and any person
whose activities are authorized in writing by the BLM.
Enforcement
Any person who violates any part of the final 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 8360.0-7, or both. In accordance with 43 CFR 8365.1-
7, State or local officials may also impose penalties for violations of
California and local law.
(Authority: 43 CFR 8365.1-6)
Gordon Toevs,
Acting California State Director.
[FR Doc. 2024-08608 Filed 4-26-24; 8:45 am]
BILLING CODE 4331-15-P
