[Federal Register Volume 70, Number 216 (Wednesday, November 9, 2005)]
[Notices]
[Pages 68080-68082]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-22342]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[CO-200-1220-PA]


Notice of Proposed Supplementary Rules for Public Lands in Park 
County, CO: Guffey Gorge/Guffey Gulch

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of proposed supplementary rules.

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SUMMARY: The Bureau of Land Management (BLM)'s Royal Gorge Field Office 
is proposing supplementary rules to regulate conduct on specific public 
lands within Park County, Colorado. The rules apply to the public lands 
called Guffey Gorge, also known as Guffey Gulch. BLM has determined 
these rules necessary to protect the area's natural resources and to 
provide for public health and safe public recreation.

DATES: You should submit your comments by December 9, 2005. In 
developing final supplementary rules, BLM need not consider comments 
postmarked, 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: Guffey Gorge'')

FOR FURTHER INFORMATION CONTACT: Roy L. Masinton, Field Manager, or 
Leah Quesenberry, Outdoor Recreation Planner, Royal Gorge Field Office, 
at the address listed above or by telephone at 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.

SUPPLEMENTARY INFORMATION:

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 need not 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

    Guffey Gorge/Guffey Gulch is a small tract (80 acres) of public 
land in Park County, Colorado. It is surrounded by private land with 
Park County Road 102 providing legal public access. Until five years 
ago, recreational use of this area was light, and the area was used 
primarily by local residents for picnicking, hiking, and swimming. 
Recreational use of the area has increased significantly over the past 
five years--resulting in resource damage, user conflicts, and safety 
hazards for visitors and surrounding private landowners.

III. Discussion of Supplementary Rules

    These supplementary rules apply to approximately 80 acres of public 
lands known as Guffey Gorge, identified as follows:

Park County, Colorado, Sixth Principal Meridian

T. 15 S., R. 71 W.
    Section 4: SE\1/4\SE\1/4\
    Section 9: NE\1/4\NE\1/4\

    These proposed supplementary rules are needed to address 
significant public

[[Page 68081]]

safety concerns and resource protection issues resulting from increased 
public use and unsafe user conduct on public lands known as Guffey 
Gorge. The supplementary rules are proposed under the authority of 43 
CFR 8365.1-6, 8341.1, and 8364.1. This notice, with a detailed map, 
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 annual 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 materially 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 establish rules of conduct 
for public use of a limited area of public lands in order to protect 
natural resources and public 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 either of the addresses specified in the 
ADDRESSES section.

National Environmental Policy Act

    BLM has prepared an environmental assessment (EA) and has found 
that these proposed supplementary rules 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). The supplementary 
rules would merely establish rules of conduct for public use of a 
limited area of public lands in order to protect natural resources and 
public health and safety. Although some uses, such as camping, would be 
prohibited in the area, the area would still be open to other 
recreation uses. A detailed statement under NEPA is not required. BLM 
has placed the EA and Finding of No Significant Impact (FONSI) 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 
and FONSI do so in accordance with the Written Comments section above.

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 little effect on business, organizational, or 
governmental entities of whatever size. They merely would impose 
reasonable restrictions on certain recreational activities on certain 
public lands to protect natural resources, the environment, 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 annual effect 
on the economy of $100 million or more, in a major 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 merely would impose reasonable 
restrictions on certain recreational activities on certain public lands 
to protect natural resources, the environment, human health, and 
safety.

Unfunded Mandates Reform Act

    These proposed supplementary rules do not impose an unfunded 
mandate on state, local or tribal governments, in the aggregate, or the 
private sector, of more than $100 million in any one year; nor do these 
proposed supplementary rules have a significant or unique effect on 
small governments. They would merely impose reasonable restrictions on 
certain recreational activities on certain public lands to protect 
natural resources and the environment, human health, and safety. 
Therefore, BLM is not required to prepare a statement containing the 
information required by the Unfunded Mandates Reform Act at 2 U.S.C. 
1532.

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

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

[[Page 68082]]

rules would not unduly burden the judicial system and that the 
requirements of sections 3(a) and 3(b) (2) of the Order are met.

Executive Order 13175, Consultation and Coordination With Indian Tribal 
Governments

    In accordance with Executive Order 13175, we have found that these 
proposed supplementary rules do not contain policies that have tribal 
implications. As such, no duties under Executive Order 13175 are 
required.

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 are not significant energy actions. 
The rules are not likely to have a significant adverse effect on energy 
supply, distribution or use, including any shortfall in supply or price 
increase, and should have no substantial effect on fuel consumption.

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 Guffey Gorge
    The Royal Gorge Field Office, Colorado, issues these supplementary 
rules under the authority of the Federal Land Policy and Management Act 
(FLPMA), 43 U.S.C. 1740, and 43 CFR 8365.1-6. Enforcement authority for 
these supplementary rules on the public lands within the Guffey Gorge 
area is found in FLPMA, 43 U.S.C. 1733, and 43 CFR 8360.0-7.
    These supplementary rules apply to approximately 80 acres of public 
lands known as Guffey Gorge, identified as follows:

Park County, Colorado, Sixth Principal Meridian

T. 15 S., R. 71 W.
    Section 4: SE\1/4\SE\1/4\
    Section 9: NE\1/4\NE\1/4\
Rules
    Guffey Gorge is designated as a day-use only area with the 
following supplementary rules that you must follow:
    a. No person or persons shall enter or be upon these lands between 
the hours of sunset and sunrise.
    b. No person or persons shall have any type of fire except in a 
mechanical stove or other appliance fueled by gas, and equipped with a 
valve that allows the operator to turn the flame on and off.
    c. No person or persons shall bring or possess glass containers.
    d. No person or persons shall possess or discharge any fireworks.
    e. No person or persons shall discharge a firearm of any kind, 
including those used for target shooting or paintball. 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 rule.
    f. All persons using these public lands shall keep the area free of 
trash, litter, and debris during the period of occupancy and shall 
remove all personal equipment upon departure.

Penalties

    Under section 303(a) of the Federal Land Policy and Management Act 
of 1976, 43 U.S.C. 1733(a), and the Sentencing Reform Act of 1984, as 
amended, 18 U.S.C. 3571, 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 $100,000 or imprisoned for no more than 12 months, or both.

Douglas M. Koza,
Acting State Director, Colorado State Office.
[FR Doc. 05-22342 Filed 11-8-05; 8:45 am]
BILLING CODE 4310-JB-P