[Federal Register Volume 70, Number 44 (Tuesday, March 8, 2005)]
[Notices]
[Pages 11264-11266]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-4423]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[CO-200-1220-DU]


Proposed Supplementary Rules Regarding Operation of Motorized 
Vehicles and Bicycles and Closure of Public Lands to Recreational 
Target Shooting

AGENCY: Bureau of Land Management; Royal Gorge Field Office, Interior.

ACTION: Proposed supplementary rules for public lands within El Paso, 
Fremont, Park and Teller Counties, Colorado.

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SUMMARY: The Bureau of Land Management (BLM)'s Royal Gorge Field Office 
is proposing supplementary rules. The proposed supplementary rules 
would implement three decisions from the Gold Belt Travel Management 
Plan, approved August 18, 2004. These supplementary rules would apply 
to the public lands within the Gold Belt Travel Management Plan area 
under the management of the Royal Gorge Field Office, in El Paso, 
Fremont, Park, and Teller Counties, Colorado. The rules are needed in 
order to protect the area's natural resources and provide for public 
health and safety.

DATES: You should submit your comments by April 7, 2005. In developing 
final supplementary rules, BLM may not consider comments postmarked or 
received in person or by electronic mail after this date.

ADDRESSES: Mail, personal, or messenger delivery: Bureau of Land 
Management, Royal Gorge Field Office, 3170 East Main Street, 
Ca[ntilde]on City, Colorado 81212.
    Internet e-mail: [email protected] (Include ``Attn: Gold 
Belt Plan'').

FOR FURTHER INFORMATION CONTACT: Roy L. Masinton, Field Manager, or 
Leah Quesenberry, Outdoor Recreation Planner, Royal Gorge Field Office, 
3170 East Main Street, Ca[ntilde]on City, Colorado 81212, telephone 
(719) 269-8500. Individuals who use a telecommunications device for the 
deaf (TDD) may contact them individually through the Federal 
Information Relay Service at 1-800/877-8339, 24 hours a day, seven days 
a week.

I. Public Comment Procedures
II. Background
III. Discussion of the Supplementary Rules
IV. Procedural Matters

I. Public Comment Procedures

    Please submit your comments on issues related to the proposed 
supplementary rules, in writing, according to the ADDRESSES section, 
above. Comments on the proposed supplementary rules should be specific, 
confined to issues pertinent to the proposed supplementary rules, and 
explain the reason for any recommended change. Where possible, your 
comments should reference the specific section or paragraph of the 
proposal that you are addressing. BLM may not necessarily consider or 
include in the Administrative Record for the final rule comments that 
we receive after the close of the comment period (see DATES) or 
comments delivered to an address other than those listed above (see 
ADDRESSES).
    BLM will make your comments, including your name and address, 
available for public review at the address listed in ADDRESSES above 
during regular business hours (8 a.m. to 4 p.m., Monday through Friday, 
except on Federal holidays).
    Under certain conditions, BLM can keep your personal information 
confidential. You must prominently state your request for 
confidentiality at the beginning of your comment. BLM will consider 
withholding your name, street address, and other identifying 
information on a case-by-case basis to the extent allowed by law. BLM 
will make available to the public all submissions from organizations 
and businesses and from individuals identifying themselves as 
representatives or officials of organizations or businesses.

II. Background

    A ``Notice of Intent to Prepare the Gold Belt Travel Management 
Plan (TMP) and Amend the Royal Gorge Resource Management Plan'' was 
announced in the Federal Register on June 18, 2002 (Volume 67, Number 
117, page 41442). The completion of the Gold Belt Travel Management 
Plan Environmental Assessment led to a 30-day public comment period, 
starting on January 15, 2004. Following analysis of the public 
comments, a decision on the Gold Belt TMP was issued on August 18, 
2004. The decision restricts Off-Highway Vehicle use to designated 
roads and trails in the TMP area and includes the proposed 
supplementary rules.

III. Discussion of Supplementary Rules

    These supplementary rules apply to the public lands within the Gold 
Belt Travel Management Plan area. This area consists of 138,600 acres 
of public lands within El Paso, Fremont, Park, and Teller Counties, 
Colorado, in the following described townships:

[[Page 11265]]

Colorado, Sixth Principal Meridian

T. 15 S., R. 70 W. through 72 W.
T. 16 S., R. 68 W. through 72 W.
T. 17 S., R. 68 W. through 72 W.
T. 18 S., R. 68 W. through 71 W.

    These proposed supplementary rules would implement three decisions 
from the Gold Belt Travel Management Plan, approved August 18, 2004. 
They include:
    (1) A supplementary rule limiting motorized travel for parking, 
camping, and retrieving game to a maximum of 100 feet from designated 
roads and trails in the Gold Belt Travel Management Plan area (138,600 
acres of public lands).
    (2) A supplementary rule restricting mountain bikes to designated 
roads and trails in the Gold Belt Travel Management Plan area (138,600 
acres of public lands).
    (3) The closure of approximately 13,200 acres public lands to 
recreational target shooting in the following areas: Garden Park Fossil 
Area (3,000 acres), the Shelf Road campgrounds and climbing area (2,900 
acres), a one-quarter mile wide corridor along Phantom Canyon Road 
(4,200 acres), and Penrose Commons (3,100 acres). Licensed hunters in 
legitimate pursuit of game during the proper season with appropriate 
firearms, as defined by the Colorado Division of Wildlife, are exempt 
from this closure.
    BLM has determined that these rules are necessary to prevent damage 
to public lands and natural resources, reduce user conflicts, protect 
public safety, and reduce vandalism to public and private property.
    The supplementary rules are proposed under the authority of 43 CFR 
8341.1, 8364.1, and 8365.1-6.
    This notice, with detailed maps, will be posted at the Royal Gorge 
Field Office.

IV. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    These proposed supplementary rules are not a significant regulatory 
action and are not subject to review by Office of Management and Budget 
under Executive Order 12866. These proposed supplementary rules will 
not have an effect of $100 million or more on the economy. They 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. These proposed 
supplementary rules will not create a serious inconsistency or 
otherwise interfere with an action taken or planned by another agency. 
These proposed supplementary rules do not alter the budgetary effects 
of entitlements, grants, user fees, or loan programs or the rights or 
obligations of their recipients; nor do they raise novel legal or 
policy issues. They merely impose limitations on certain recreational 
activities on certain public lands to protect natural resources and 
human health and safety.

Clarity of the Supplementary Rules

    Executive Order 12866 requires each agency to write regulations 
that are simple and easy to understand. We invite your comments on how 
to make these proposed supplementary rules easier to understand, 
including answers to questions such as: (1) Are the requirements in the 
proposed supplementary rules clearly stated? (2) Do the proposed 
supplementary rules contain technical language or jargon that 
interferes with their clarity? (3) Is the description of the proposed 
supplementary rules in the ``Discussion of Supplementary Rules'' 
section of this preamble helpful to your understanding of the proposed 
supplementary rules? How could this description be more helpful in 
making the proposed supplementary rules easier to understand?
    Please send any comments you have on the clarity of the 
supplementary rules to the address specified in the ADDRESSES section.

National Environmental Policy Act

    BLM prepared an environmental assessment (EA) in support of the 
Gold Belt Travel Management Plan and found that the proposed 
supplementary rules implementing the plan decisions would not 
constitute a major Federal action significantly affecting the quality 
of the human environment under section 102(2)(C) of the National 
Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4332(2)(C). A 
detailed statement under NEPA is not required. BLM has placed the EA, 
Finding of No Significant Impact (FONSI), and Decision Record on file 
in the BLM Administrative Record at the address specified in the 
ADDRESSES section. BLM invites the public to review these documents and 
suggests that anyone wishing to submit comments in response to the EA, 
FONSI, and Decision Record do so in accordance with the ``Public 
Comment Procedures'' section.

Regulatory Flexibility Act

    Congress enacted the Regulatory Flexibility Act of 1980 (RFA), as 
amended, 5 U.S.C. 601-612, to ensure that Government regulations do not 
unnecessarily or disproportionately burden small entities. The RFA 
requires a regulatory flexibility analysis if a rule would have a 
significant economic impact, either detrimental or beneficial, on a 
substantial number of small entities. These proposed supplementary 
rules should have no effect on business entities of whatever size. They 
merely would impose reasonable restrictions on certain recreational 
activities on certain public lands to protect natural resources and the 
environment, and human health and safety. Therefore, BLM has determined 
under the RFA that these proposed supplementary rules would not have a 
significant economic impact on a substantial number of small entities.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    These proposed supplementary rules are not a ``major rule'' as 
defined at 5 U.S.C. 804(2). They would not result in an effect on the 
economy of $100 million or more, in an increase in costs or prices, or 
in significant adverse effects on competition, employment, investment, 
productivity, innovation, or on the ability of United States-based 
enterprises to compete with foreign-based enterprises in domestic and 
export markets. They would merely impose reasonable restrictions on 
certain recreational activities on certain public lands to protect 
natural resources and the environment, and human health and safety.

Unfunded Mandates Reform Act

    These proposed supplementary rules do not impose an unfunded 
mandate on state, local or tribal governments or the private sector of 
more than $100 million per year; nor do these proposed supplementary 
rules have a significant or unique effect on State, local, or tribal 
governments or the private sector. They would merely impose reasonable 
restrictions on certain recreational activities on certain public lands 
to protect natural resources and the environment, and human health and 
safety. Therefore, BLM is not required to prepare a statement 
containing the information required by the Unfunded Mandates Reform Act 
(2 U.S.C. 1531 et seq.).

Executive Order 12630, Governmental Actions and Interference With 
Constitutionally Protected Property Rights (Takings)

    The proposed supplementary rules do not represent a government 
action capable of interfering with constitutionally protected property 
rights. The reasonable restrictions that

[[Page 11266]]

would be imposed by these supplementary rules would not deprive anyone 
of property or interfere with anyone's property rights. Therefore, the 
Department of the Interior has determined that the rule would not cause 
a taking of private property or require further discussion of takings 
implications under this Executive Order.

Executive Order 13132, Federalism

    The proposed supplementary rules will not have a substantial direct 
effect on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government. Government 
vehicles are expressly excluded from the effect of the vehicle 
restrictions. The shooting restrictions in the supplementary rules do 
not apply to hunting with a State hunting license. Therefore, in 
accordance with Executive Order 13132, BLM has determined that the 
proposed supplementary rules do not have sufficient federalism 
implications to warrant preparation of a Federalism Assessment.

Executive Order 12988, Civil Justice Reform

    Under Executive Order 12988, the Office of the Solicitor has 
determined that these proposed supplementary rules would not unduly 
burden the judicial system and that they meet the requirements of 
sections 3(a) and 3(b)(2) of the Order.

Executive Order 13175, Consultation and Coordination With Indian Tribal 
Governments [Replaces Executive Order 13084]

    In accordance with Executive Order 13175, we have found that these 
proposed supplementary rules do not include policies that have tribal 
implications. Formal consultation with 16 tribes was completed for the 
Gold Belt Travel Management Plan.

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

    In accordance with Executive Order 13211, BLM has determined that 
the proposed supplementary rules will not have substantial direct 
effects on energy supply, distribution or use, including any shortfall 
in supply or price increase. The restrictions on vehicle use should 
have no substantial effect on fuel consumption, and no other provision 
in the supplementary rules has any relationship to energy supply, 
distribution, or use.

Paperwork Reduction Act

    These supplementary rules do not contain information collection 
requirements that the Office of Management and Budget must approve 
under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et seq.

Author

    The principal author of these supplementary rules is Leah 
Quesenberry, Outdoor Recreation Planner, Royal Gorge Field Office, 
Bureau of Land Management.

Supplementary Rules for the Gold Belt Travel Management Plan Area

    Under 43 CFR 8341.1, 8364.1, and 8365.1-6, the Bureau of Land 
Management will enforce the following rules on the public lands within 
the Gold Belt Travel Management Plan area, Royal Gorge Field Office, 
Colorado. You must follow these rules:

Rules

    1. In the Gold Belt Travel Management Plan area (138,600 acres of 
public land)--
    a. You must not park a motorized vehicle farther than 100 feet from 
a designated road or trail;
    b. You must not use a motorized vehicle for camping more than 100 
feet from a designated road or trail;
    c. You must not use a motorized vehicle for retrieving game more 
than 100 feet from a designated road and trail.
    2. You must not ride mountain bikes other than on designated roads 
and trails on public lands in the Gold Belt Travel Management Plan 
area.
    3. You must not engage in recreational target shooting on public 
lands in the following areas: Garden Park Fossil Area (3,000 acres), 
the Shelf Road campgrounds and climbing area (2,900 acres), a one-
quarter mile wide corridor along Phantom Canyon Road (4,200 acres), and 
Penrose Commons (3,100 acres).

Exceptions

    These supplementary rules do not apply to emergency, law 
enforcement, and Federal or other government vehicles while being used 
for official or other emergency purposes, or to any other vehicle use 
that is expressly authorized or otherwise officially approved by BLM. 
The prohibition of target shooting in rule 3 has no effect on hunting 
by licensed hunters in legitimate pursuit of game during the proper 
season with appropriate firearms, as defined by the Colorado Division 
of Wildlife.

Penalties

    Under section 303(a) of the Federal Land Policy and Management Act 
of 1976 (43 U.S.C. 1733(a)) and 43 CFR 8360.0-7 if you violate any of 
these supplementary rules on public lands within the boundaries 
established in the rules, you may be tried before a United States 
Magistrate and fined no more than $1,000 or imprisoned for no more than 
12 months, or both. Such violations may also be subject to the enhanced 
fines provided for by 18 U.S.C. 3571.

Roy L. Masinton,
Field Manager.
[FR Doc. 05-4423 Filed 3-7-05; 8:45 am]
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