Notice of Final Supplementary Rule for Public Lands Administered by the Tres Rios Field Office in Archuleta, La Plata, Montezuma, Dolores, San Miguel, and Montrose Counties, and by the Gunnison Field Office in Gunnison, Ouray, San Juan, and Hinsdale Counties, Colorado, 103672-103677 [2024-30059]
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Federal Register / Vol. 89, No. 244 / Thursday, December 19, 2024 / Rules and Regulations
(Authority: 43 U.S.C. 1733, 43 U.S.C. 1740;
43 CFR 8365.1–6).
Douglas J. Vilsack,
BLM Colorado State Director.
[FR Doc. 2024–30218 Filed 12–18–24; 8:45 am]
BILLING CODE 4331–16–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 8360
[BLM_CO_FRN_MO4500180623]
Notice of Final Supplementary Rule for
Public Lands Administered by the Tres
Rios Field Office in Archuleta, La Plata,
Montezuma, Dolores, San Miguel, and
Montrose Counties, and by the
Gunnison Field Office in Gunnison,
Ouray, San Juan, and Hinsdale
Counties, Colorado
Bureau of Land Management,
Interior.
ACTION: Final supplementary rule.
AGENCY:
The Bureau of Land
Management (BLM) is finalizing a
supplementary rule for BLMadministered public lands in the Tres
Rios Field Office (TRFO) and Gunnison
Field Office (GFO). The final
supplementary rule will allow the BLM
to implement and enforce decisions
related to motorized and non-motorized
vehicles, day-use areas, seasonal
wildlife habitat protection, camping,
and campfires.
DATES: The final supplementary rule is
effective on January 18, 2025.
ADDRESSES: Inquiries may be directed to
the BLM TRFO, 29211 Highway 184,
Dolores, CO 81323, or at (970) 882–
1120; or to the BLM GFO, 2500 E. New
York Ave, Gunnison, CO 81230 or at
(970) 642–4940.
FOR FURTHER INFORMATION CONTACT:
Tyler Fouss, Field Staff Ranger, BLM
TRFO, 29211 Highway 184, Dolores, CO
81323; telephone 970–882–1131; email:
tfouss@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:
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SUMMARY:
I. Background
II. Discussion of Public Comments
III. Discussion of Final Supplementary Rule
IV. Procedural Matters
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V. Final Supplementary Rule
I. Background
The BLM is establishing this
supplementary rule under the authority
of 43 CFR 8365.1–6, which authorizes
BLM State Directors to establish
supplementary rules for the protection
of persons, property, and public lands
and resources.
In 2015, the TRFO approved a
Resource Management Plan (RMP) to
replace portions of the San Juan/San
Miguel RMP that are within the
jurisdiction of the TRFO (previously
known as the San Juan Resource Area).
The two approved RMPs and Records of
Decision provide direction on how the
BLM will manage public lands in
Archuleta, La Plata, Montezuma,
Dolores, San Miguel, Montrose,
Gunnison, San Juan, Ouray, and
Hinsdale counties, Colorado, except for
public lands that are within the Canyon
of the Ancients National Monument,
which is managed under a separate RMP
approved in 2010. During the public
planning and analysis processes for the
TRFO RMP, the BLM identified the
need to establish a supplementary rule
to provide for visitor health and safety
and to protect cultural, wildlife, and
natural resources on public lands
managed by the BLM.
The TRFO RMP carries forward
decisions in the Dolores River Corridor
Management Plan (CMP) and the Alpine
Triangle Recreation Area Management
Plan (RAMP), which were approved in
1990 and 2010, respectively. The
Silverton Travel Management Plan
(TMP) and the TRFO Transportation
and Access Plan for Travel Area 1
(TAP1) were both approved in 2020.
Over the past 10 years, the BLM has
recorded increases in visitation numbers
and subsequent pressures to Special
Recreation Management Areas (SRMAs),
critical winter wildlife habitat areas,
and archaeological sites throughout the
TRFO and GFO. To address the growing
concerns, the BLM is establishing this
supplementary rule to implement
decisions in the five management plans
to protect visitor health and safety and
prevent natural and cultural resource
degradation.
When the BLM adopted the TRFO
RMP, the plan included BLM-managed
lands that are now under the
jurisdiction of the GFO due to changes
in the TRFO and GFO boundaries.
Neither the TRFO RMP nor the GFO
RMP have been updated to reflect these
changes; thus, the rule will also apply
to BLM-managed lands now
administered by the GFO in parts of
Hinsdale, San Juan, and Ouray counties.
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Several sections of the rule will
implement decisions spanning all
public lands managed by the BLM in the
TRFO and GFO. Other sections will
apply only to specific types of BLMmanaged lands, such as SRMAs or
critical winter wildlife habitat areas
experiencing the most visitation. The
rule will only address land use
limitations and restrictions previously
proposed, analyzed, and approved as
part of the public planning processes for
the TRFO RMP, Dolores River CMP,
Alpine Triangle RAMP, Silverton TMP,
and TRFO TAP1, and their associated
environmental impact statements (EIS)
or environmental assessments (EA). The
BLM developed the five management
plans with extensive input from the
public, Tribes, and elected officials
through scoping, opportunities for
public comment, and resource advisory
committee meetings. The BLM took the
following steps to involve the public in
developing the plans that are the basis
for this final supplementary rule:
1. The TRFO RMP was initially a joint
agency planning effort by the BLM and
U.S. Forest Service, which included
extensive public participation in
determining appropriate uses in the
planning area. Public comments and
input received during all planning
stages resulted in the BLM fine-tuning
the TRFO RMP, which applies only to
public lands managed by the BLM.
2. Public participation for the Dolores
River CMP was a coordinated effort
consisting of a task force of people
representing diverse interests, including
local governments, private landowners,
wildlife and fishing enthusiasts,
resource conservationists, and private
and commercial boaters. In addition, the
BLM hosted several public meetings in
local communities surrounding the
planning area to consider options for
managing the river canyon.
3. Public participation was vital to
developing the Alpine Triangle RAMP.
The BLM developed and implemented a
public involvement strategy to obtain
input from a diverse group of
stakeholders and set the stage for
community support.
4. The public involvement effort for
the Silverton TMP included
opportunities for the public to provide
feedback during scoping and review of
the EA and a BLM open house public
meeting at Kendall Mountain in
Silverton, Colorado.
5. To develop the TRFO TAP1, the
BLM met with various individuals,
organizations, and interest groups
representing motorized, equestrian, and
mechanized users as well as
conservation organizations. The BLM
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also hosted open-house meetings to
solicit initial public input.
II. Discussion of Public Comments
The BLM published a proposed
supplementary rule on February 28,
2024 (89 FR 14606) and received 24
comments during the 60-day public
comment period. Five commenters
expressed support for the
supplementary rule.
One commenter expressed opposition
to proposed rules restricting
mechanized travel and indicated that
the rule is an affront to accessibility for
people unable to walk or bike. Under
proposed Rules 1, 4, 8, and 12,
mechanized travel is allowed on
designated routes. Proposed Rules 5 and
7 prohibit all mechanized travel within
the Perins Peak Wildlife Management
Area, designated Wilderness Study
Areas, and the Coyote Wash and
Snaggletooth lands with wilderness
characteristics. Proposed Rule 4
prohibits mechanized vehicles within
the Willow Creek Wildlife Management
Area from December 1 through June 30
each year. The proposed rule’s
definition of mechanized travel exempts
wheelchairs from mechanized-travel
restrictions. Any change to the
mechanized travel restrictions would
require the BLM to amend the
underlying RMP. The BLM did not
revise the final supplementary rule in
response to this comment.
One commenter indicated that
proposed rule 24, which states that
‘‘You must register at a developed BLM
river launch point prior to watercraft
use from Bradfield Bridge to Bedrock,’’
is unclear. In response, the BLM is
clarifying the language in the final rule
to read that the rule applies only to river
trips. The same commenter stated that
the rule cannot apply to private lands.
The proposed rule already stipulates
that it applies only to specified BLM
public lands as does the final rule, so no
change is needed.
One commenter stated that the TRFO
RMP does not have a Phil’s World
Recreation Management Zone (RMZ),
does not specify that wildlife closures
are to be lifted on April 15 of each year,
and does not have restrictions for
domestic animals in the Cortez SRMA,
Durango SRMA, or Silverton SRMA. In
response to this comment, the final rule
changes the reference to ‘‘Phil’s World
RMZ’’ in proposed Rule 16 to the
‘‘Phil’s World Area.’’ Lifting wildlife
closures on April 15 is specific to the
annual Durango area wildlife closures as
set forth in the TRFO RMP. Restrictions
pertaining to domestic animals are
detailed in Appendix E of the TRFO
RMP.
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One commenter disputed the
proposed requirement in Rule 15 that,
particularly within the Silverton SRMA,
domestic animals such as dogs must be
controlled by leash or voice command
to prevent negative interactions between
recreationalists and sheep herds,
including the dogs used to protect them.
The commenter indicated that the rule
should apply to the dogs used to protect
the sheep as well and that sheepherders
should consider using less aggressive
dog breeds. Any change to the decisions
that domestic animals be leashed and
under voice control in the Silverton
SRMA would require the BLM to amend
the underlying RMP. The BLM did not
revise the final rule in response to this
comment.
A form email received from 14
individuals expressed general concerns
with what they view as arbitrary dates
for closures, group size limits, and
camping limitations and indicated that
they do not want to see additional
restrictions in the Dolores River
corridor. The commenters further
indicated that, if a certain amount of
acreage is restricted to overnight
camping, the BLM needs to open
additional acreage somewhere else to
accommodate the growing number of
recreation users on public lands.
Rules that have user-restriction dates
are for winter wildlife closures, which
are needed to reduce stress and impacts
on wildlife. The restricted dates were
analyzed as part of the Tres Rios RMP
and correspond with the dates set by
Colorado Parks and Wildlife for winter
wildlife closures on State-managed
public lands. Rules that have group-size
limits are for river trips within the
Dolores River corridor and were
analyzed in the Dolores River CMP.
Rules that have camping limitations are
in place in the Cortez SRMA, the
Durango SRMA, and within the Alpine
Triangle. In the Cortez SRMA, the Phil’s
World and Mud Springs areas are
designated as day-use areas. Camping is
available elsewhere within the Cortez
SRMA. The Durango SRMA is in the
urban interface with the City of
Durango, and dispersed camping is
available on BLM-managed public lands
within a short distance from the
Durango SRMA. In the Alpine Triangle,
camping is only restricted around
historic sites, and dispersed camping is
allowed throughout the rest of the area
and in developed campgrounds. Rules
stipulating wildlife closure dates, group
size limits, and camping restrictions
were established in the five
management plans and cannot be
changed without plan amendments.
One commenter indicated that
proposed rule number 27, which states
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that ‘‘You must not gather dead or down
wood,’’ should be clearer. In response to
this comment, the BLM has revised the
final rule to clarify that only the
collection and burning of driftwood
during river trips is prohibited, as
specified in the Dolores River CMP.
III. Discussion of the Final
Supplementary Rule
The final supplementary rule will
apply only to public lands and facilities
managed by the TRFO and the GFO.
The decisions from the five
management plans that this final
supplementary rule will implement are
focused on protecting public health and
safety and preventing damage to natural
and cultural resources. The five
management plans include decisions
concerning restrictions, prohibitions,
and allowable uses to address identified
issues or achieve management goals and
objectives. For these decisions to be
effectively implemented, enforcement is
needed, first to ensure the management
decisions are properly understood and
followed, and second to provide for
civil and criminal penalties should
these restrictions and prohibitions not
be followed. Most public land users will
not notice meaningful changes as many
of the sections of the supplementary
rule have been long-held
recommendations that will now become
regulations.
IV. Procedural Matters
Regulatory Planning and Review
(Executive Orders (E.O.) 12866 and
13563)
The final supplementary rule is not a
significant regulatory action and is not
subject to review by the Office of
Management and Budget under E.O.
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 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. The final supplementary
rule will not create a serious
inconsistency or otherwise interfere
with an action taken or planned by
another agency. The final
supplementary rule will 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 final rule
merely establishes rules of conduct for
public use on a limited area of public
lands.
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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 BLM considered economic
impacts at the time the land use plans
were developed and these impacts were
deemed to be minimal. The BLM
expects impacts from this final rule to
affect a small number of outfitters and
have only a minor socioeconomic
impact relative to the area’s overall
economy.
The requirements contained within
this final supplementary rule are based
on decisions the BLM made when it
developed five land-use management
plans between 1990 and 2015. This final
rule codifies those decisions so that the
BLM can ensure the public properly
understands and follows them. This
final rule also provides for civil and
criminal penalties should the public not
follow these restrictions and
prohibitions. Most public land users,
including small businesses that operate
on BLM-managed public lands, will not
notice any meaningful changes as many
of the sections of the supplementary
rule have been long-held
recommendations that the public has
largely been following. These
recommendations will now become
regulations. Therefore, the BLM has
determined under the RFA the final
supplementary rule will not have a
significant economic impact on a
substantial number of small entities.
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Congressional Review Act
This final supplementary rule is not
‘‘major’’ as defined under 5 U.S.C.
804(2). This rule:
(a) Will not have an annual effect on
the economy of $200 million or more.
(b) Will not cause a major increase in
costs or prices for consumers,
individual industries, Federal, State, or
local government agencies, or
geographic regions.
(c) Will not have significant adverse
effects on competition, employment,
investment, productivity, innovation, or
the ability of U.S.-based enterprises to
compete with foreign-based enterprises.
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
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than $100 million per year, nor will it
have a significant or unique effect on
small 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.).
Paperwork Reduction Act
Governmental Actions, and Interference
With Constitutionally Protected Property
Rights (Takings) (E.O. 12630)
National Environmental Policy Act
(NEPA)
The final supplementary rule is not a
government action capable of interfering
with constitutionally protected property
rights. The final supplementary rule
does not address property rights in any
form and will not cause the impairment
of constitutionally protected property
rights. Therefore, the BLM has
determined the final supplementary rule
will not cause a ‘‘taking’’ of private
property or require further discussion of
takings implications under this
Executive order.
Federalism (E.O. 13132)
The 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. The final
supplementary rule does not conflict
with any State law or regulation.
Therefore, in accordance with E.O.
13132, the BLM has determined the
supplementary rule does 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 the final supplementary rule
will not unduly burden the judicial
system and the requirements of sections
3(a) and 3(b)(2) of the Order are met.
Consultation and Coordination With
Indian Tribal Governments (E.O. 13175
and Departmental Policy)
In accordance with E.O. 13175, the
BLM has determined the final
supplementary rule does not include
policies that have Tribal implications
and will have no bearing on trust lands
or on lands for which title is held in fee
status by American Indian Tribes or
U.S. Government-owned lands managed
by the Bureau of Indian Affairs. Since
the supplementary rule does not involve
Indian reservation lands or resources,
the BLM has determined government-togovernment relationships remain
unaffected.
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The final supplementary rule does not
contain information collection
requirements the Office of Management
and Budget must approve under the
Paperwork Reduction Act of 1995, 44
U.S.C. 3501 through 3521.
The final supplementary rule will
allow the BLM to implement and
enforce key decisions in the TRFO RMP,
the Dolores River CMP, the Alpine
Triangle RAMP, the Silverton TMP, and
the TRFO TAP1 within TRFO and GFO.
The supplementary rule will not change
the NEPA analysis or decisions set forth
in each of the plans. During the NEPA
review for each of these planning
efforts, the BLM fully analyzed the
effects of this final supplementary rule
in their respective NEPA documents:
• TRFO RMP EIS (DOI–BLM–CO–S010–
2011–0067–EIS)
• Dolores River CMP EA (DOI–BLM–
CO–030–SJ–90–46)
• Alpine Triangle RAMP EA (DOI–
BLM–CO–160–2008–023–EA)
• Silverton TMP EA (DOI–BLM–CO–
F070–2019–0008–EA)
• TRFO TAP1 EA (DOI–BLM–CO–
S010–2018–0013)
The BLM prepared a Determination of
NEPA Adequacy to confirm that the
prior analyses and public comment
processes were sufficient to inform the
decision to establish this supplementary
rule. Therefore, additional NEPA
analysis is not required. Copies of the
NEPA analysis and relevant decision
document for each of the
aforementioned plans, and the
Determination of NEPA Adequacy for
this supplementary rulemaking, are on
file at the BLM offices at the addresses
specified in the ADDRESSES section and
electronic copies are available online at
https://eplanning.blm.gov/eplanning-ui/
project/96401/510.
Information Quality Act
In developing the final supplementary
rule, the BLM did not conduct or use a
study, experiment or survey requiring
peer review under the Information
Quality Act (section 515 of Pub. L. 106–
554).
Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use (E.O. 13211)
The final supplementary rule does not
comprise a significant energy action.
The final supplementary rule will not
have an adverse effect on energy supply,
production, or consumption and have
no connection with energy policy.
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Facilitation of Cooperative Conservation
(E.O. 13352)
In accordance with E.O. 13352, the
BLM has determined the final
supplementary rule will not impede
facilitating cooperative conservation;
will take appropriate account of and
consider the interests of persons with
ownership or other legally recognized
interests in land or other natural
resources; will properly accommodate
local participation in the Federal
decision-making process; and will
provide that the programs, projects, and
activities are consistent with protecting
public health and safety.
Author
The principal author of the final
supplementary rule is Tyler Fouss, Field
Staff Ranger, Bureau of Land
Management, Tres Rios Field Office,
Colorado.
V. Final Supplementary Rule
For the reasons stated in the
preamble, and under the authorities for
supplementary rules at 43 U.S.C. 1733,
43 U.S.C. 1740, and 43 CFR 8365.1–6,
the BLM Colorado State Director
establishes this Supplementary Rule for
public lands managed by the BLM in the
Tres Rios Field Office and the Gunnison
Field Office, to read as follows:
FINAL SUPPLEMENTARY RULE FOR
THE TRES RIOS FIELD OFFICE AND
GUNNISON FIELD OFFICE
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Definitions
Area of Critical Environmental
Concern (ACEC) has the same meaning
as it does at 43 CFR 1601.0–5(a).
Campfire has the same meaning as it
does at 43 CFR 8360.0–5(b).
Camping means the erecting of a tent
or shelter of natural or synthetic
material, preparing a sleeping bag or
other bedding material for use, parking
of a motor vehicle, motor home or
trailer, or mooring of a vessel, for the
apparent purpose of recreational
overnight occupancy.
Designated travel route means roads
and trails open to specified modes of
travel and identified on a map of
designated roads and trails available for
public inspection at the BLM Tres Rios
Field Office, Colorado. Designated roads
and trails are open to public OHV use
in accordance with such limits and
restrictions as are, or may be, specified
in the RMP or a Travel Management
Plan (TMP), or in future decisions
implementing the RMP. This definition
excludes any road or trail with BLMauthorized restrictions preventing use of
the road or trail. Restrictions may
include, but are not limited to, signs or
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physical barriers such as gates, fences,
posts, branches, or rocks.
Fire pan means a metal container
capable of containing a campfire for
purposes of containing all ash and
protecting the underlying soils from
scorching.
Herd Management Area means those
lands under the supervision of the
Bureau of Land Management managed
for the maintenance of wild horse and
burro herds.
Historic structure means any
prehistoric or historic district, site,
building, structure, or object included
in, or eligible for inclusion in, the
National Register of Historic Places. The
term includes properties of traditional
religious and cultural importance to an
Indian Tribe or Native Hawaiian
organization and that meet the National
Register criteria. The term ‘‘eligible for
inclusion in the National Register of
Historic Places’’ includes both
properties formally determined as such
by the Secretary of the Interior and all
other properties that meet National
Register of Historic Places listing
criteria.
Lands managed to protect wilderness
characteristics means those lands that
have been:
(1) Inventoried and determined by the
BLM to contain wilderness
characteristics as defined in section 2(c)
of the Wilderness Act; and
(2) Identified to protect those
characteristics through a land use
planning process and subsequent
Record of Decision.
Mechanized vehicle means any device
propelled solely by human power, upon
which a person, or persons, may ride on
land, having any wheels, with the
exception of a wheelchair.
Motorized vehicle means any vehicle
propelled by a motor or engine, capable
of, or designed for, travel on or
immediately over land, water, or other
natural terrain, such as a car, truck, offhighway vehicle, motorcycle, or
snowmobile. Off-highway vehicle has
the same meaning as it does in 43 CFR
8340.0–5(a).
Portable toilet means a washable,
leak-proof, reusable toilet system that
allows for the carry-out and disposal of
solid human body waste in a
responsible and lawful manner; the
system must be adequate for the size of
the group and length of the trip. If a Wag
Bag system is used it must be in a hardsided, clamped or screw top container—
not a dry bag.
Public lands has the same meaning as
it does at 43 U.S.C. 1702(e).
Resource damage means damage to or
disturbance of the soil, wildlife, wildlife
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habitat, improvements, cultural, or
vegetative resources.
Special Recreation Management Area
(SRMA) means an administrative unit
where the existing or proposed
recreation opportunities and recreation
setting characteristics are recognized for
their unique value, importance and/or
distinctiveness, especially as compared
to other areas used for recreation.
Wilderness Study Area (WSA) means
an area that has been identified as a
Wilderness Study Area in either the
Gunnison or TRFO RMPs.
Prohibited Acts
Unless otherwise authorized, the
following acts are prohibited on all
public lands, roads, trails, and
waterways administered by the BLM
within the areas defined:
Within the Cortez Special Recreation
Management Area (SRMA), the Dolores
River SRMA, the Durango SRMA, the
Ancestral Puebloan Area of Critical
Environmental Concern (ACEC), the
Gypsum Valley ACEC, the Mesa Verde
Escarpment ACEC, the Perins Peak and
Willow Creek Wildlife Management
Areas, the Spring Creek Wild Horse
Herd Management Area, as identified in
the TRFO RMP:
1. You must not operate or possess a
mechanized vehicle on any route, trail,
or area not designated as open to such
use, unless you are using a mechanized
game cart to retrieve a large game
animal with a valid carcass tag. Game
carts are not allowed within the Perins
Peak Wildlife Management Area.
2. You must not use vehicles designed
for traveling over snow unless there is
adequate snow cover to protect the
underlying vegetation and soils from the
impact of that use. This use is
prohibited in designated Wilderness,
Wilderness Study Areas (WSAs), or
lands with wilderness characteristics
that are managed to protect wilderness
characteristics, in areas designated by
Colorado Parks and Wildlife as critical
big game winter relief and winter
concentration areas, or areas designated
by Colorado Parks and Wildlife as
occupied Gunnison sage-grouse habitat.
3. You must not operate or possess a
motorized vehicle beginning 2.4 miles
north of the San Miguel/Dolores County
line on the section of Road 14F vacated
by San Miguel County (road vacated 2.4
miles north of the San Miguel/Dolores
County line for a distance of 2.4 miles)
from February 1 through May 1 each
year to protect Desert Bighorn Sheep
lambing, within the Dolores River
SRMA.
4. You must not operate a mechanized
vehicle within the Willow Creek
Wildlife Management Area from
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December 1 through June 30 each year
for the protection of Gunnison Sagegrouse habitat.
5. You must not operate a mechanized
vehicle within the Perins Peak Wildlife
Management Area.
6. You must not hike, ride, or be in
possession of horses or other pack
animals on any route, trail, or area not
designated as open to such use within
the Ancestral Puebloan ACEC and Mesa
Verde Escarpment ACEC. Hiking and
horseback riding is allowed both on and
off designated travel routes throughout
the remainder of the area managed by
the Tres Rios Field Office.
Within Designated WSAs and the
Coyote Wash and Snaggletooth Lands
With Wilderness Characteristics, as
Identified in the TRFO RMP
7. You must not operate or possess a
mechanized vehicle.
lotter on DSK11XQN23PROD with RULES1
Within Archuleta County, La Plata
County, and Montezuma County, as
Identified in the TRFO TAP–1
8. You must not operate or possess a
mechanized vehicle on any route, trail,
or area not designated as open to such
use, unless you are using a mechanized
game cart to retrieve a large game
animal with a valid carcass tag. Game
carts are not allowed within the Perins
Peak Wildlife Management Area.
9. You must not park or use a
motorized or mechanized vehicle more
than 100 feet from the edge of a
designated travel route (e.g., for such
uses as camping, picnicking, or
firewood cutting) as identified in the
Travel Management Plan and travel
management maps and firewood cutting
map.
10. You must not park a motorized
vehicle more than 20 feet from the edge
of a designated travel route or in a
manner that causes resource damage in
the Chutes and Ladders portion of the
Cortez SRMA or the Mahan area within
La Plata County.
11. You must not use vehicles
designed for traveling over snow unless
there is adequate snow cover to protect
the underlying vegetation and soils from
the impact of that use. This use is
prohibited in designated Wilderness,
WSAs, or other lands managed to
protect wilderness characteristics, in
areas designated by Colorado Parks and
Wildlife as critical big game winter
relief and winter concentration areas, or
in areas designated by Colorado Parks
and Wildlife as occupied Gunnison
sage-grouse habitat.
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16:31 Dec 18, 2024
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Within the Silverton SRMA as
Identified in the TRFO RMP and the
Silverton TMP Administered by the
GFO
12. You must not operate or possess
a mechanized vehicle on any route,
trail, or area not designated as open to
such use unless you are using a
mechanized game cart to retrieve a large
game animal with a valid carcass tag
outside of designated WSAs, or
congressionally designated Wilderness
Areas.
13. You must not park a motorized
vehicle more than 30 feet from the edge
of a designated travel route or in a
manner that causes resource damage.
14. You must not use vehicles
designed for traveling over snow unless
there is adequate snow cover to protect
the underlying vegetation and soils from
the impact of that use. This use is
prohibited in designated WSAs,
congressionally designated Wilderness
areas, and other lands managed to
protect wilderness characteristics. This
use is also prohibited in areas
designated by Colorado Parks and
Wildlife as critical big game winter
relief and winter concentration areas or
areas designated by Colorado Parks and
Wildlife as occupied Gunnison sagegrouse habitat.
Within the Cortez SRMA, Durango
SRMA and Silverton SRMA, as
Identified in the TRFO RMP
15. Domestic animals must be on a
leash or under voice command.
Within the Cortez SRMA and the
Durango SRMA as Identified in the
TRFO RMP
16. You must not enter or use the area
within the Phil’s World Area and Mud
Springs RMZ portion of the Cortez
SRMA 1⁄2 hour after sunset to 1⁄2 hour
before sunrise unless:
a. You are using the non-motorized
trails within the Phil’s World Area; or
b. You are a licensed hunter and
acting in accordance with all rules and
regulations as defined by Colorado
Parks and Wildlife.
17. You must not enter or use the area
1⁄2 hour after sunset to 1⁄2 hour before
sunrise within the Animas City
Mountain, Skyline, and Grandview
Recreation Management Zones of the
Durango SRMA, except if you are a
licensed hunter and acting in
accordance with all rules and
regulations as defined by Colorado
Parks and Wildlife.
18. You must not build, ignite,
maintain, or attend to a fire or campfire
within the Animas City Mountain,
Skyline, and Grandview Recreation
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Frm 00050
Fmt 4700
Sfmt 4700
Management Zones of the Durango
SRMA.
Within the Alpine Triangle as
Identified in the TRFO RMP and the
Alpine Triangle RAMP for the GFO
19. You must not camp within 300
feet of the Animas Forks district
boundary and the Gold Prince Mill
National Register Districts.
20. You must not camp within 150
feet of a historic structure.
21. You must not ignite or maintain
a campfire within 150 feet of a historic
structure.
22. You must not ignite or maintain
a campfire above 12,000 feet within the
Redcloud Peak ACEC.
Within the Dolores River SRMA as
Identified in the TRFO RMP and the
Dolores River CMP
23. You must not use motorized
watercraft from Bradfield Bridge to
Bedrock.
24. During river trips, you must
register at a developed BLM river
launch point or with the Tres Rios Field
Office prior to watercraft use from
Bradfield Bridge to Bedrock.
25. During river trips, you must not
exceed posted group-size limits.
26. During overnight river trips, you
must dispose of human waste into a
portable toilet.
27. You must not gather or burn
driftwood.
28. You must not have a campfire or
charcoal fire without the use of a fire
pan.
29. You must pack out all ashes
associated with a campfire or charcoal
fire.
Within the Cortez SRMA, Durango
SRMA and Perins Peak Wildlife
Management Area as Identified in the
TRFO RMP
30. You must not enter the Chutes-nLadders, Summit, and Aqueduct areas
of the Montezuma Triangle Recreation
Management Zone within the Cortez
SRMA from December 1 through April
30 each year for the protection of critical
winter wildlife habitat. Travel on
county roads through the areas is
allowed.
31. You must not enter identified
closure areas in the Animas City
Mountain and Grandview Ridge
Recreation Management Zones of the
Durango SRMA from December 1
through April 30 each year for the
protection of critical winter wildlife
habitat. This closure may be opened
April 15 if conditions and wildlife
needs warrant.
32. You must not enter identified
closure areas in the Perins Peak Wildlife
E:\FR\FM\19DER1.SGM
19DER1
Federal Register / Vol. 89, No. 244 / Thursday, December 19, 2024 / Rules and Regulations
Management Area from December 1
through April 30 each year for the
protection of critical winter wildlife
habitat. This closure may be opened
April 15 if conditions and wildlife
needs warrant.
33. You must not enter identified
closure areas in the Perins Peak Wildlife
Management Area from March 15
through July 31 each year for the
protection of critical raptor habitat.
Exemptions
The following persons are exempt
from this supplementary rule: any
Federal, State, or local officers or
employees acting within the scope of
their official duties; members of any
organized law enforcement, military,
rescue, or fire-fighting force performing
an official duty; and any persons who
are expressly authorized or approved by
the BLM Authorized Officer.
Enforcement
Any person who violates any part of
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 8360.0–7, or both. In accordance
with 43 CFR 8365.1–7, State or local
officials may also impose penalties for
violations of Colorado or local law.
(Authority: 43 U.S.C. 1733, 43 U.S.C. 1740;
43 CFR 8365.1–6)
Douglas J. Vilsack,
BLM Colorado State Director.
[FR Doc. 2024–30059 Filed 12–18–24; 8:45 am]
BILLING CODE 4331–16–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Part 215
[Docket No. FRA–2023–0021, Notice No. 2]
RIN 2130–AC94
Freight Car Safety Standards
Implementing the Infrastructure
Investment and Jobs Act
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Final rule.
lotter on DSK11XQN23PROD with RULES1
AGENCY:
FRA is amending the Freight
Car Safety Standards (FCSS) to
implement section 22425 of the
Infrastructure Investment and Jobs Act
(Act). The Act places certain restrictions
on newly built freight cars placed into
service in the United States (U.S.)
SUMMARY:
VerDate Sep<11>2014
16:31 Dec 18, 2024
Jkt 265001
including limiting content that
originates from a country of concern
(COC) or is sourced from a state-owned
enterprise (SOE) and prohibiting
sensitive technology that originates from
a COC or is sourced from a SOE. The
Act mandates that FRA issue a
regulation to monitor and enforce
industry’s compliance with the Act’s
standards.
The Final Rule is effective
January 21, 2025.
ADDRESSES: Docket: For access to the
docket to read background documents
or comments received, go to https://
www.regulations.gov and follow the
online instructions for accessing the
docket.
DATES:
FOR FURTHER INFORMATION CONTACT:
Check Kam, Mechanical Engineer,
Office of Railroad Safety at (202) 366–
2139, email: check.kam@dot.gov; or
Michael Masci, Senior Attorney
Adviser, Office of the Chief Counsel,
telephone: (202) 302–7117, email:
michael.masci@dot.gov.
SUPPLEMENTARY INFORMATION:
Abbreviations and Terms Used in This
Document
CBP—Customs and Border Protection
CE—Categorical Exclusion
CFR—Code of Federal Regulations
COC—Country of Concern
DOT—Department of Transportation
EA—Environmental Assessment
EIS—Environmental Impact Statement
FCSS—Freight Car Safety Standards
FR—Federal Register
FRA—Federal Railroad Administration
FTA—Federal Transit Administration
GS—General Schedule
IIJA—Infrastructure Investment and Jobs Act
IP—Intellectual Property
NAFTA—North American Free Trade
Agreement
NEPA—National Environmental Policy Act
NPRM—Notice of Proposed Rulemaking
OMB—Office of Management and Budget
PRA—The Paperwork Reduction Act
RSA—Rail Security Alliance
RSEP—Railroad Safety Enforcement
Procedures
RSIA—Rail Safety Improvement Act of 1988
SOE—State-Owned Enterprise
Umler—Universal Machine Language
Equipment Register
U.S.—United States
U.S. DOC—United States Department of
Commerce
U.S.C.—United States Code
USITC—U.S. International Trade
Commission
USMCA—United States-Mexico-Canada
Agreement
USTR—U.S. Trade Representative
Table of Contents for Supplementary
Information
I. Executive Summary
II. Discussion of Comments to the NPRM
PO 00000
Frm 00051
Fmt 4700
Sfmt 4700
103677
A. Comments About FRA’s Proposed
Application of the Act’s Content
Limitation and Sensitive Technology
Requirements to Railroad Freight Car
Manufacturers
1. The Act Does Not Regulate AfterManufacture Changes to Railroad Freight
Cars, Including Content Limitations and
Sensitive Technology
2. Railroad Freight Cars Already Placed in
Service in the U.S. Are Not Subject to the
Act
3. Definitions Provided by the Act for the
Terms Sensitive Technology,
Component, Country of Concern, and
State-Owned Enterprise Are Suitable for
Implementing the Act
4. The Scope of the IP Violation or
Infringement Prohibition Being
Incorporated Into the Freight Car Safety
Standards Is Intended To Be the Same as
the Act
B. Comments About FRA’s Proposal
Implementing the Act’s Freight Car
Compliance Certification
1. The Act Requires Certain Information To
Be Included in the Certification
2. The Act Requires Certification To Be
Submitted Prior to Placing Freight Cars
Into Service on the U.S. General Rail
System
C. Comments About FRA’s Process for
Enforcing the Act’s Requirements and
Penalties
1. The Act Does Not Require a Finding of
Willfulness To Establish a Violation
2. Process for Manufacturers To Defend
Against and Appeal Findings of
Noncompliance With the Act
3. Process for Railroad Freight Car
Manufacturer To Be Reinstated After
Being Prohibited Under the Act
4. Five-Year Statute of Limitations Applies
to the Act
III. Section-by-Section Analysis
IV. Regulatory Impact and Notices
A. Executive Order 12866 as Amended by
Executive Order 14094
B. Regulatory Flexibility Act and Executive
Order 13272
C. Paperwork Reduction Act
D. Federalism Implications
E. International Trade Impact Assessment
F. Environmental Impact
G. Environmental Justice
H. Unfunded Mandates Reform Act of 1995
I. Energy Impact
J. Privacy Act Statement
I. Executive Summary
Purpose of the Regulatory Action
FRA is issuing this rulemaking as
required by the Act, as codified at 49
U.S.C. 20171.1 The Act provides that a
railroad freight car, wholly
manufactured on or after the date that
is 1 year after the date of issuance of
regulations, may only operate on the
U.S. general railroad system if: (1) the
1 The Infrastructure Investment and Jobs Act
(IIJA), Sec. 22425, Pub. L. 117–58, 135 Stat. 752
(Nov. 15, 2021) (codified at 49 U.S.C. 20171) and
generally referred to in this rule as the Act, or
section 20171).
E:\FR\FM\19DER1.SGM
19DER1
]]>Agencies
[Federal Register Volume 89, Number 244 (Thursday, December 19, 2024)]
[Rules and Regulations]
[Pages 103672-103677]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30059]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 8360
[BLM_CO_FRN_MO4500180623]
Notice of Final Supplementary Rule for Public Lands Administered
by the Tres Rios Field Office in Archuleta, La Plata, Montezuma,
Dolores, San Miguel, and Montrose Counties, and by the Gunnison Field
Office in Gunnison, Ouray, San Juan, and Hinsdale Counties, Colorado
AGENCY: Bureau of Land Management, Interior.
ACTION: Final supplementary rule.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Land Management (BLM) is finalizing a
supplementary rule for BLM-administered public lands in the Tres Rios
Field Office (TRFO) and Gunnison Field Office (GFO). The final
supplementary rule will allow the BLM to implement and enforce
decisions related to motorized and non-motorized vehicles, day-use
areas, seasonal wildlife habitat protection, camping, and campfires.
DATES: The final supplementary rule is effective on January 18, 2025.
ADDRESSES: Inquiries may be directed to the BLM TRFO, 29211 Highway
184, Dolores, CO 81323, or at (970) 882-1120; or to the BLM GFO, 2500
E. New York Ave, Gunnison, CO 81230 or at (970) 642-4940.
FOR FURTHER INFORMATION CONTACT: Tyler Fouss, Field Staff Ranger, BLM
TRFO, 29211 Highway 184, Dolores, CO 81323; telephone 970-882-1131;
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
II. Discussion of Public Comments
III. Discussion of Final Supplementary Rule
IV. Procedural Matters
V. Final Supplementary Rule
I. Background
The BLM is establishing this supplementary rule under the authority
of 43 CFR 8365.1-6, which authorizes BLM State Directors to establish
supplementary rules for the protection of persons, property, and public
lands and resources.
In 2015, the TRFO approved a Resource Management Plan (RMP) to
replace portions of the San Juan/San Miguel RMP that are within the
jurisdiction of the TRFO (previously known as the San Juan Resource
Area). The two approved RMPs and Records of Decision provide direction
on how the BLM will manage public lands in Archuleta, La Plata,
Montezuma, Dolores, San Miguel, Montrose, Gunnison, San Juan, Ouray,
and Hinsdale counties, Colorado, except for public lands that are
within the Canyon of the Ancients National Monument, which is managed
under a separate RMP approved in 2010. During the public planning and
analysis processes for the TRFO RMP, the BLM identified the need to
establish a supplementary rule to provide for visitor health and safety
and to protect cultural, wildlife, and natural resources on public
lands managed by the BLM.
The TRFO RMP carries forward decisions in the Dolores River
Corridor Management Plan (CMP) and the Alpine Triangle Recreation Area
Management Plan (RAMP), which were approved in 1990 and 2010,
respectively. The Silverton Travel Management Plan (TMP) and the TRFO
Transportation and Access Plan for Travel Area 1 (TAP1) were both
approved in 2020.
Over the past 10 years, the BLM has recorded increases in
visitation numbers and subsequent pressures to Special Recreation
Management Areas (SRMAs), critical winter wildlife habitat areas, and
archaeological sites throughout the TRFO and GFO. To address the
growing concerns, the BLM is establishing this supplementary rule to
implement decisions in the five management plans to protect visitor
health and safety and prevent natural and cultural resource
degradation.
When the BLM adopted the TRFO RMP, the plan included BLM-managed
lands that are now under the jurisdiction of the GFO due to changes in
the TRFO and GFO boundaries. Neither the TRFO RMP nor the GFO RMP have
been updated to reflect these changes; thus, the rule will also apply
to BLM-managed lands now administered by the GFO in parts of Hinsdale,
San Juan, and Ouray counties.
Several sections of the rule will implement decisions spanning all
public lands managed by the BLM in the TRFO and GFO. Other sections
will apply only to specific types of BLM-managed lands, such as SRMAs
or critical winter wildlife habitat areas experiencing the most
visitation. The rule will only address land use limitations and
restrictions previously proposed, analyzed, and approved as part of the
public planning processes for the TRFO RMP, Dolores River CMP, Alpine
Triangle RAMP, Silverton TMP, and TRFO TAP1, and their associated
environmental impact statements (EIS) or environmental assessments
(EA). The BLM developed the five management plans with extensive input
from the public, Tribes, and elected officials through scoping,
opportunities for public comment, and resource advisory committee
meetings. The BLM took the following steps to involve the public in
developing the plans that are the basis for this final supplementary
rule:
1. The TRFO RMP was initially a joint agency planning effort by the
BLM and U.S. Forest Service, which included extensive public
participation in determining appropriate uses in the planning area.
Public comments and input received during all planning stages resulted
in the BLM fine-tuning the TRFO RMP, which applies only to public lands
managed by the BLM.
2. Public participation for the Dolores River CMP was a coordinated
effort consisting of a task force of people representing diverse
interests, including local governments, private landowners, wildlife
and fishing enthusiasts, resource conservationists, and private and
commercial boaters. In addition, the BLM hosted several public meetings
in local communities surrounding the planning area to consider options
for managing the river canyon.
3. Public participation was vital to developing the Alpine Triangle
RAMP. The BLM developed and implemented a public involvement strategy
to obtain input from a diverse group of stakeholders and set the stage
for community support.
4. The public involvement effort for the Silverton TMP included
opportunities for the public to provide feedback during scoping and
review of the EA and a BLM open house public meeting at Kendall
Mountain in Silverton, Colorado.
5. To develop the TRFO TAP1, the BLM met with various individuals,
organizations, and interest groups representing motorized, equestrian,
and mechanized users as well as conservation organizations. The BLM
[[Page 103673]]
also hosted open-house meetings to solicit initial public input.
II. Discussion of Public Comments
The BLM published a proposed supplementary rule on February 28,
2024 (89 FR 14606) and received 24 comments during the 60-day public
comment period. Five commenters expressed support for the supplementary
rule.
One commenter expressed opposition to proposed rules restricting
mechanized travel and indicated that the rule is an affront to
accessibility for people unable to walk or bike. Under proposed Rules
1, 4, 8, and 12, mechanized travel is allowed on designated routes.
Proposed Rules 5 and 7 prohibit all mechanized travel within the Perins
Peak Wildlife Management Area, designated Wilderness Study Areas, and
the Coyote Wash and Snaggletooth lands with wilderness characteristics.
Proposed Rule 4 prohibits mechanized vehicles within the Willow Creek
Wildlife Management Area from December 1 through June 30 each year. The
proposed rule's definition of mechanized travel exempts wheelchairs
from mechanized-travel restrictions. Any change to the mechanized
travel restrictions would require the BLM to amend the underlying RMP.
The BLM did not revise the final supplementary rule in response to this
comment.
One commenter indicated that proposed rule 24, which states that
``You must register at a developed BLM river launch point prior to
watercraft use from Bradfield Bridge to Bedrock,'' is unclear. In
response, the BLM is clarifying the language in the final rule to read
that the rule applies only to river trips. The same commenter stated
that the rule cannot apply to private lands. The proposed rule already
stipulates that it applies only to specified BLM public lands as does
the final rule, so no change is needed.
One commenter stated that the TRFO RMP does not have a Phil's World
Recreation Management Zone (RMZ), does not specify that wildlife
closures are to be lifted on April 15 of each year, and does not have
restrictions for domestic animals in the Cortez SRMA, Durango SRMA, or
Silverton SRMA. In response to this comment, the final rule changes the
reference to ``Phil's World RMZ'' in proposed Rule 16 to the ``Phil's
World Area.'' Lifting wildlife closures on April 15 is specific to the
annual Durango area wildlife closures as set forth in the TRFO RMP.
Restrictions pertaining to domestic animals are detailed in Appendix E
of the TRFO RMP.
One commenter disputed the proposed requirement in Rule 15 that,
particularly within the Silverton SRMA, domestic animals such as dogs
must be controlled by leash or voice command to prevent negative
interactions between recreationalists and sheep herds, including the
dogs used to protect them. The commenter indicated that the rule should
apply to the dogs used to protect the sheep as well and that
sheepherders should consider using less aggressive dog breeds. Any
change to the decisions that domestic animals be leashed and under
voice control in the Silverton SRMA would require the BLM to amend the
underlying RMP. The BLM did not revise the final rule in response to
this comment.
A form email received from 14 individuals expressed general
concerns with what they view as arbitrary dates for closures, group
size limits, and camping limitations and indicated that they do not
want to see additional restrictions in the Dolores River corridor. The
commenters further indicated that, if a certain amount of acreage is
restricted to overnight camping, the BLM needs to open additional
acreage somewhere else to accommodate the growing number of recreation
users on public lands.
Rules that have user-restriction dates are for winter wildlife
closures, which are needed to reduce stress and impacts on wildlife.
The restricted dates were analyzed as part of the Tres Rios RMP and
correspond with the dates set by Colorado Parks and Wildlife for winter
wildlife closures on State-managed public lands. Rules that have group-
size limits are for river trips within the Dolores River corridor and
were analyzed in the Dolores River CMP. Rules that have camping
limitations are in place in the Cortez SRMA, the Durango SRMA, and
within the Alpine Triangle. In the Cortez SRMA, the Phil's World and
Mud Springs areas are designated as day-use areas. Camping is available
elsewhere within the Cortez SRMA. The Durango SRMA is in the urban
interface with the City of Durango, and dispersed camping is available
on BLM-managed public lands within a short distance from the Durango
SRMA. In the Alpine Triangle, camping is only restricted around
historic sites, and dispersed camping is allowed throughout the rest of
the area and in developed campgrounds. Rules stipulating wildlife
closure dates, group size limits, and camping restrictions were
established in the five management plans and cannot be changed without
plan amendments.
One commenter indicated that proposed rule number 27, which states
that ``You must not gather dead or down wood,'' should be clearer. In
response to this comment, the BLM has revised the final rule to clarify
that only the collection and burning of driftwood during river trips is
prohibited, as specified in the Dolores River CMP.
III. Discussion of the Final Supplementary Rule
The final supplementary rule will apply only to public lands and
facilities managed by the TRFO and the GFO.
The decisions from the five management plans that this final
supplementary rule will implement are focused on protecting public
health and safety and preventing damage to natural and cultural
resources. The five management plans include decisions concerning
restrictions, prohibitions, and allowable uses to address identified
issues or achieve management goals and objectives. For these decisions
to be effectively implemented, enforcement is needed, first to ensure
the management decisions are properly understood and followed, and
second to provide for civil and criminal penalties should these
restrictions and prohibitions not be followed. Most public land users
will not notice meaningful changes as many of the sections of the
supplementary rule have been long-held recommendations that will now
become regulations.
IV. Procedural Matters
Regulatory Planning and Review (Executive Orders (E.O.) 12866 and
13563)
The final supplementary rule is not a significant regulatory action
and is not subject to review by the Office of Management and Budget
under E.O. 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 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. The
final supplementary rule will not create a serious inconsistency or
otherwise interfere with an action taken or planned by another agency.
The final supplementary rule will 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 final rule merely establishes rules of
conduct for public use on a limited area of public lands.
[[Page 103674]]
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 BLM considered economic
impacts at the time the land use plans were developed and these impacts
were deemed to be minimal. The BLM expects impacts from this final rule
to affect a small number of outfitters and have only a minor
socioeconomic impact relative to the area's overall economy.
The requirements contained within this final supplementary rule are
based on decisions the BLM made when it developed five land-use
management plans between 1990 and 2015. This final rule codifies those
decisions so that the BLM can ensure the public properly understands
and follows them. This final rule also provides for civil and criminal
penalties should the public not follow these restrictions and
prohibitions. Most public land users, including small businesses that
operate on BLM-managed public lands, will not notice any meaningful
changes as many of the sections of the supplementary rule have been
long-held recommendations that the public has largely been following.
These recommendations will now become regulations. Therefore, the BLM
has determined 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 is not ``major'' as defined under 5
U.S.C. 804(2). This rule:
(a) Will not have an annual effect on the economy of $200 million
or more.
(b) Will not cause a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions.
(c) Will not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S.-based enterprises to compete with foreign-based enterprises.
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. 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)
The final supplementary rule is not a government action capable of
interfering with constitutionally protected property rights. The final
supplementary rule does not address property rights in any form and
will not cause the impairment of constitutionally protected property
rights. Therefore, the BLM has determined the final supplementary rule
will not cause a ``taking'' of private property or require further
discussion of takings implications under this Executive order.
Federalism (E.O. 13132)
The 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. The final
supplementary rule does not conflict with any State law or regulation.
Therefore, in accordance with E.O. 13132, the BLM has determined the
supplementary rule does 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 the final supplementary
rule will not unduly burden the judicial system and the requirements of
sections 3(a) and 3(b)(2) of the Order are met.
Consultation and Coordination With Indian Tribal Governments (E.O.
13175 and Departmental Policy)
In accordance with E.O. 13175, the BLM has determined the final
supplementary rule does not include policies that have Tribal
implications and will have no bearing on trust lands or on lands for
which title is held in fee status by American Indian Tribes or U.S.
Government-owned lands managed by the Bureau of Indian Affairs. Since
the supplementary rule does not involve Indian reservation lands or
resources, the BLM has determined government-to-government
relationships remain unaffected.
Paperwork Reduction Act
The final supplementary rule does not contain information
collection requirements the Office of Management and Budget must
approve under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501
through 3521.
National Environmental Policy Act (NEPA)
The final supplementary rule will allow the BLM to implement and
enforce key decisions in the TRFO RMP, the Dolores River CMP, the
Alpine Triangle RAMP, the Silverton TMP, and the TRFO TAP1 within TRFO
and GFO. The supplementary rule will not change the NEPA analysis or
decisions set forth in each of the plans. During the NEPA review for
each of these planning efforts, the BLM fully analyzed the effects of
this final supplementary rule in their respective NEPA documents:
TRFO RMP EIS (DOI-BLM-CO-S010-2011-0067-EIS)
Dolores River CMP EA (DOI-BLM-CO-030-SJ-90-46)
Alpine Triangle RAMP EA (DOI-BLM-CO-160-2008-023-EA)
Silverton TMP EA (DOI-BLM-CO-F070-2019-0008-EA)
TRFO TAP1 EA (DOI-BLM-CO-S010-2018-0013)
The BLM prepared a Determination of NEPA Adequacy to confirm that
the prior analyses and public comment processes were sufficient to
inform the decision to establish this supplementary rule. Therefore,
additional NEPA analysis is not required. Copies of the NEPA analysis
and relevant decision document for each of the aforementioned plans,
and the Determination of NEPA Adequacy for this supplementary
rulemaking, are on file at the BLM offices at the addresses specified
in the ADDRESSES section and electronic copies are available online at
https://eplanning.blm.gov/eplanning-ui/project/96401/510.
Information Quality Act
In developing the final supplementary rule, the BLM did not conduct
or use a study, experiment or survey requiring peer review under the
Information Quality Act (section 515 of Pub. L. 106-554).
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use (E.O. 13211)
The final supplementary rule does not comprise a significant energy
action. The final supplementary rule will not have an adverse effect on
energy supply, production, or consumption and have no connection with
energy policy.
[[Page 103675]]
Facilitation of Cooperative Conservation (E.O. 13352)
In accordance with E.O. 13352, the BLM has determined the final
supplementary rule will not impede facilitating cooperative
conservation; will take appropriate account of and consider the
interests of persons with ownership or other legally recognized
interests in land or other natural resources; will properly accommodate
local participation in the Federal decision-making process; and will
provide that the programs, projects, and activities are consistent with
protecting public health and safety.
Author
The principal author of the final supplementary rule is Tyler
Fouss, Field Staff Ranger, Bureau of Land Management, Tres Rios Field
Office, Colorado.
V. Final Supplementary Rule
For the reasons stated in the preamble, and under the authorities
for supplementary rules at 43 U.S.C. 1733, 43 U.S.C. 1740, and 43 CFR
8365.1-6, the BLM Colorado State Director establishes this
Supplementary Rule for public lands managed by the BLM in the Tres Rios
Field Office and the Gunnison Field Office, to read as follows:
FINAL SUPPLEMENTARY RULE FOR THE TRES RIOS FIELD OFFICE AND GUNNISON
FIELD OFFICE
Definitions
Area of Critical Environmental Concern (ACEC) has the same meaning
as it does at 43 CFR 1601.0-5(a).
Campfire has the same meaning as it does at 43 CFR 8360.0-5(b).
Camping means the erecting of a tent or shelter of natural or
synthetic material, preparing a sleeping bag or other bedding material
for use, parking of a motor vehicle, motor home or trailer, or mooring
of a vessel, for the apparent purpose of recreational overnight
occupancy.
Designated travel route means roads and trails open to specified
modes of travel and identified on a map of designated roads and trails
available for public inspection at the BLM Tres Rios Field Office,
Colorado. Designated roads and trails are open to public OHV use in
accordance with such limits and restrictions as are, or may be,
specified in the RMP or a Travel Management Plan (TMP), or in future
decisions implementing the RMP. This definition excludes any road or
trail with BLM-authorized restrictions preventing use of the road or
trail. Restrictions may include, but are not limited to, signs or
physical barriers such as gates, fences, posts, branches, or rocks.
Fire pan means a metal container capable of containing a campfire
for purposes of containing all ash and protecting the underlying soils
from scorching.
Herd Management Area means those lands under the supervision of the
Bureau of Land Management managed for the maintenance of wild horse and
burro herds.
Historic structure means any prehistoric or historic district,
site, building, structure, or object included in, or eligible for
inclusion in, the National Register of Historic Places. The term
includes properties of traditional religious and cultural importance to
an Indian Tribe or Native Hawaiian organization and that meet the
National Register criteria. The term ``eligible for inclusion in the
National Register of Historic Places'' includes both properties
formally determined as such by the Secretary of the Interior and all
other properties that meet National Register of Historic Places listing
criteria.
Lands managed to protect wilderness characteristics means those
lands that have been:
(1) Inventoried and determined by the BLM to contain wilderness
characteristics as defined in section 2(c) of the Wilderness Act; and
(2) Identified to protect those characteristics through a land use
planning process and subsequent Record of Decision.
Mechanized vehicle means any device propelled solely by human
power, upon which a person, or persons, may ride on land, having any
wheels, with the exception of a wheelchair.
Motorized vehicle means any vehicle propelled by a motor or engine,
capable of, or designed for, travel on or immediately over land, water,
or other natural terrain, such as a car, truck, off-highway vehicle,
motorcycle, or snowmobile. Off-highway vehicle has the same meaning as
it does in 43 CFR 8340.0-5(a).
Portable toilet means a washable, leak-proof, reusable toilet
system that allows for the carry-out and disposal of solid human body
waste in a responsible and lawful manner; the system must be adequate
for the size of the group and length of the trip. If a Wag Bag system
is used it must be in a hard-sided, clamped or screw top container--not
a dry bag.
Public lands has the same meaning as it does at 43 U.S.C. 1702(e).
Resource damage means damage to or disturbance of the soil,
wildlife, wildlife habitat, improvements, cultural, or vegetative
resources.
Special Recreation Management Area (SRMA) means an administrative
unit where the existing or proposed recreation opportunities and
recreation setting characteristics are recognized for their unique
value, importance and/or distinctiveness, especially as compared to
other areas used for recreation.
Wilderness Study Area (WSA) means an area that has been identified
as a Wilderness Study Area in either the Gunnison or TRFO RMPs.
Prohibited Acts
Unless otherwise authorized, the following acts are prohibited on
all public lands, roads, trails, and waterways administered by the BLM
within the areas defined:
Within the Cortez Special Recreation Management Area (SRMA), the
Dolores River SRMA, the Durango SRMA, the Ancestral Puebloan Area of
Critical Environmental Concern (ACEC), the Gypsum Valley ACEC, the Mesa
Verde Escarpment ACEC, the Perins Peak and Willow Creek Wildlife
Management Areas, the Spring Creek Wild Horse Herd Management Area, as
identified in the TRFO RMP:
1. You must not operate or possess a mechanized vehicle on any
route, trail, or area not designated as open to such use, unless you
are using a mechanized game cart to retrieve a large game animal with a
valid carcass tag. Game carts are not allowed within the Perins Peak
Wildlife Management Area.
2. You must not use vehicles designed for traveling over snow
unless there is adequate snow cover to protect the underlying
vegetation and soils from the impact of that use. This use is
prohibited in designated Wilderness, Wilderness Study Areas (WSAs), or
lands with wilderness characteristics that are managed to protect
wilderness characteristics, in areas designated by Colorado Parks and
Wildlife as critical big game winter relief and winter concentration
areas, or areas designated by Colorado Parks and Wildlife as occupied
Gunnison sage-grouse habitat.
3. You must not operate or possess a motorized vehicle beginning
2.4 miles north of the San Miguel/Dolores County line on the section of
Road 14F vacated by San Miguel County (road vacated 2.4 miles north of
the San Miguel/Dolores County line for a distance of 2.4 miles) from
February 1 through May 1 each year to protect Desert Bighorn Sheep
lambing, within the Dolores River SRMA.
4. You must not operate a mechanized vehicle within the Willow
Creek Wildlife Management Area from
[[Page 103676]]
December 1 through June 30 each year for the protection of Gunnison
Sage-grouse habitat.
5. You must not operate a mechanized vehicle within the Perins Peak
Wildlife Management Area.
6. You must not hike, ride, or be in possession of horses or other
pack animals on any route, trail, or area not designated as open to
such use within the Ancestral Puebloan ACEC and Mesa Verde Escarpment
ACEC. Hiking and horseback riding is allowed both on and off designated
travel routes throughout the remainder of the area managed by the Tres
Rios Field Office.
Within Designated WSAs and the Coyote Wash and Snaggletooth Lands With
Wilderness Characteristics, as Identified in the TRFO RMP
7. You must not operate or possess a mechanized vehicle.
Within Archuleta County, La Plata County, and Montezuma County, as
Identified in the TRFO TAP-1
8. You must not operate or possess a mechanized vehicle on any
route, trail, or area not designated as open to such use, unless you
are using a mechanized game cart to retrieve a large game animal with a
valid carcass tag. Game carts are not allowed within the Perins Peak
Wildlife Management Area.
9. You must not park or use a motorized or mechanized vehicle more
than 100 feet from the edge of a designated travel route (e.g., for
such uses as camping, picnicking, or firewood cutting) as identified in
the Travel Management Plan and travel management maps and firewood
cutting map.
10. You must not park a motorized vehicle more than 20 feet from
the edge of a designated travel route or in a manner that causes
resource damage in the Chutes and Ladders portion of the Cortez SRMA or
the Mahan area within La Plata County.
11. You must not use vehicles designed for traveling over snow
unless there is adequate snow cover to protect the underlying
vegetation and soils from the impact of that use. This use is
prohibited in designated Wilderness, WSAs, or other lands managed to
protect wilderness characteristics, in areas designated by Colorado
Parks and Wildlife as critical big game winter relief and winter
concentration areas, or in areas designated by Colorado Parks and
Wildlife as occupied Gunnison sage-grouse habitat.
Within the Silverton SRMA as Identified in the TRFO RMP and the
Silverton TMP Administered by the GFO
12. You must not operate or possess a mechanized vehicle on any
route, trail, or area not designated as open to such use unless you are
using a mechanized game cart to retrieve a large game animal with a
valid carcass tag outside of designated WSAs, or congressionally
designated Wilderness Areas.
13. You must not park a motorized vehicle more than 30 feet from
the edge of a designated travel route or in a manner that causes
resource damage.
14. You must not use vehicles designed for traveling over snow
unless there is adequate snow cover to protect the underlying
vegetation and soils from the impact of that use. This use is
prohibited in designated WSAs, congressionally designated Wilderness
areas, and other lands managed to protect wilderness characteristics.
This use is also prohibited in areas designated by Colorado Parks and
Wildlife as critical big game winter relief and winter concentration
areas or areas designated by Colorado Parks and Wildlife as occupied
Gunnison sage-grouse habitat.
Within the Cortez SRMA, Durango SRMA and Silverton SRMA, as Identified
in the TRFO RMP
15. Domestic animals must be on a leash or under voice command.
Within the Cortez SRMA and the Durango SRMA as Identified in the TRFO
RMP
16. You must not enter or use the area within the Phil's World Area
and Mud Springs RMZ portion of the Cortez SRMA \1/2\ hour after sunset
to \1/2\ hour before sunrise unless:
a. You are using the non-motorized trails within the Phil's World
Area; or
b. You are a licensed hunter and acting in accordance with all
rules and regulations as defined by Colorado Parks and Wildlife.
17. You must not enter or use the area \1/2\ hour after sunset to
\1/2\ hour before sunrise within the Animas City Mountain, Skyline, and
Grandview Recreation Management Zones of the Durango SRMA, except if
you are a licensed hunter and acting in accordance with all rules and
regulations as defined by Colorado Parks and Wildlife.
18. You must not build, ignite, maintain, or attend to a fire or
campfire within the Animas City Mountain, Skyline, and Grandview
Recreation Management Zones of the Durango SRMA.
Within the Alpine Triangle as Identified in the TRFO RMP and the Alpine
Triangle RAMP for the GFO
19. You must not camp within 300 feet of the Animas Forks district
boundary and the Gold Prince Mill National Register Districts.
20. You must not camp within 150 feet of a historic structure.
21. You must not ignite or maintain a campfire within 150 feet of a
historic structure.
22. You must not ignite or maintain a campfire above 12,000 feet
within the Redcloud Peak ACEC.
Within the Dolores River SRMA as Identified in the TRFO RMP and the
Dolores River CMP
23. You must not use motorized watercraft from Bradfield Bridge to
Bedrock.
24. During river trips, you must register at a developed BLM river
launch point or with the Tres Rios Field Office prior to watercraft use
from Bradfield Bridge to Bedrock.
25. During river trips, you must not exceed posted group-size
limits.
26. During overnight river trips, you must dispose of human waste
into a portable toilet.
27. You must not gather or burn driftwood.
28. You must not have a campfire or charcoal fire without the use
of a fire pan.
29. You must pack out all ashes associated with a campfire or
charcoal fire.
Within the Cortez SRMA, Durango SRMA and Perins Peak Wildlife
Management Area as Identified in the TRFO RMP
30. You must not enter the Chutes-n-Ladders, Summit, and Aqueduct
areas of the Montezuma Triangle Recreation Management Zone within the
Cortez SRMA from December 1 through April 30 each year for the
protection of critical winter wildlife habitat. Travel on county roads
through the areas is allowed.
31. You must not enter identified closure areas in the Animas City
Mountain and Grandview Ridge Recreation Management Zones of the Durango
SRMA from December 1 through April 30 each year for the protection of
critical winter wildlife habitat. This closure may be opened April 15
if conditions and wildlife needs warrant.
32. You must not enter identified closure areas in the Perins Peak
Wildlife
[[Page 103677]]
Management Area from December 1 through April 30 each year for the
protection of critical winter wildlife habitat. This closure may be
opened April 15 if conditions and wildlife needs warrant.
33. You must not enter identified closure areas in the Perins Peak
Wildlife Management Area from March 15 through July 31 each year for
the protection of critical raptor habitat.
Exemptions
The following persons are exempt from this supplementary rule: any
Federal, State, or local officers or employees acting within the scope
of their official duties; members of any organized law enforcement,
military, rescue, or fire-fighting force performing an official duty;
and any persons who are expressly authorized or approved by the BLM
Authorized Officer.
Enforcement
Any person who violates any part of 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 8360.0-7, or both. In accordance with 43 CFR 8365.1-7, State
or local officials may also impose penalties for violations of Colorado
or local law.
(Authority: 43 U.S.C. 1733, 43 U.S.C. 1740; 43 CFR 8365.1-6)
Douglas J. Vilsack,
BLM Colorado State Director.
[FR Doc. 2024-30059 Filed 12-18-24; 8:45 am]
BILLING CODE 4331-16-P
