[Federal Register Volume 74, Number 140 (Thursday, July 23, 2009)]
[Notices]
[Pages 36506-36508]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-17591]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management
[LLCON03000-L12200000-PA0000]


Notice of Proposed Supplementary Rules for Public Lands in 
Colorado: Bangs Canyon Special Recreation Management Area

AGENCY: Bureau of Land Management, Interior.

ACTION: Proposed supplementary rules.

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SUMMARY: The Bureau of Land Management's (BLM) Grand Junction Field 
Office is proposing supplementary rules to regulate conduct on public 
lands within Bangs Canyon Special Recreation Management Area (BCSRMA). 
These supplementary rules are needed to implement decisions found in 
the Bangs Canyon Management Plan Environmental Assessment (EA) and 
Resource Management Plan (RMP) revision that protects public lands, 
resources, and public health and provides public safety.

DATES: Please send comments to the following address by September 21, 
2009. The BLM is not obligated to consider comments received or 
postmarked after this date.

ADDRESSES: Please mail comments to Chris Ham, Bangs Canyon Special 
Recreation Management Area, 2815 H Road, Grand Junction, Colorado 
81506; or e-mail comments to [email protected], Attn: ``Bangs 
Canyon.''

FOR FURTHER INFORMATION CONTACT: Eric Boik, BLM Field Staff Law 
Enforcement Ranger, (970) 244-3070, e-mail: [email protected] or Chris 
Ham, Recreation Program Lead, (970) 244-3031, e-mail: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Public Comment Procedures

    Written comments on the proposed supplementary rules should be 
specific, be confined to issues pertinent to the proposed supplementary 
rules, and explain the reason for any recommended change. Where 
possible, comments should reference the specific section or paragraph 
of the proposal which the comment is addressing. The BLM is not 
obligated to consider or include in the Administrative Record for the 
supplementary rules comments that the BLM receives after the close of 
the comment period (See DATES), unless they are postmarked or 
electronically dated before the deadline, or comments delivered to an 
address other than the address listed above (See ADDRESSES).
    Comments--including names, street addresses, and other contact

[[Page 36507]]

information of respondents--will be available for public review at 2815 
H Road, Grand Junction, Colorado 81506, during regular business hours 
(7:30 a.m. to 4:30 p.m., Monday through Friday, except Federal 
holidays). Before including your address, phone number, e-mail address, 
or other personal identifying information in your comment, you should 
be aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

II. Background

    Recreation resource management decisions for the Grand Junction 
Field Office (GJFO) were detailed in the Grand Junction Resource Area 
Management Plan (RMP) in 1987. The Grand Valley, including the Bangs 
Canyon area, was designated as an Intensive Recreation Management Area 
(IRMA) in the RMP. The plan recommended the need for additional 
planning for the IRMA due to its distinguishing characteristics and 
significance to recreation. The Bangs Canyon Management Plan (BCMP) was 
approved in 1999 and fulfills the obligation of the GJFO to complete a 
site-specific plan for this area. It establishes management objectives 
and identifies management strategies to achieve those objectives. The 
BCMP (an integrated, issue-driven recreation plan) amends the Grand 
Junction Resource Area Management Plan, implementation Environmental 
Assessment and its amendments. It is consistent with direction for 
recreation actions outlined in the Recreation Guidelines to meet Public 
Land Health Standards on BLM Managed Lands in Colorado (2000), as well 
as the BLM Off-Highway Vehicle Strategy and the BLM priorities for 
Recreation and Visitor Services. These three documents may be viewed at 
http://www.blm.gov.

III. Discussion of the Proposed Supplementary Rules

    The proposed supplementary rules apply to the public lands within 
the Bangs Canyon Management Area. The Bangs Canyon Special Recreation 
Management Area (BCSRMA) Plan includes specific management actions that 
restrict certain activities and define allowable uses which were 
identified and analyzed in the BCSRMA plan EA. The proposed 
supplementary rules implement these management actions within the 
BCSRMA. Many of the proposed supplementary rules apply to the entire 
area, but some apply to specific areas within the BCSRMA. This approach 
allows for flexibility in management actions based on the results of 
resource and visitor monitoring. The proposed supplementary rules are 
written to allow for this management flexibility.

IV. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    These supplementary rules do not comprise a significant regulatory 
action and are not subject to review by the Office of Management and 
Budget under Executive Order 12866. These 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 supplementary rules 
will not create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency. The 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. These 
supplementary rules merely establish rules of conduct for public use of 
a limited area of public lands.

Clarity of the Regulations

    Executive Order 12866 requires each agency to write regulations 
that are simple and easy to understand. The BLM invites your comments 
on how to make these supplementary rules easier to understand, 
including answers to questions such as the following:
    1. Are the requirements in the supplementary rules clearly stated?
    2. Do the supplementary rules contain technical language or jargon 
that interferes with their clarity?
    3. Does the format of the supplementary rules (grouping and order 
of sections, use of headings, paragraphing, etc.) aid or reduce 
clarity?
    4. Is the description of the supplementary rules in the 
SUPPLEMENTARY INFORMATION section of this preamble helpful in 
understanding the supplementary rules? How could this description be 
more helpful in making the supplementary rules easier to understand?
    Please send any comments you have on the clarity of the rule to the 
address specified in the ADDRESSES section.

National Environmental Policy Act

    The Management Plan and Final Environmental Assessment for the 
BCSRMA was completed in 1999 and the Record of Decision was signed in 
1999. The supplementary rules are consistent with and necessary to 
carry out the direction of the RMP and the Bangs Canyon Management 
Plan. They establish rules of conduct for public use within BCSRMA to 
protect public health and safety and improve the protection of the 
resources.

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. These supplementary rules merely 
establish rules of conduct for public use of a limited area of public 
lands. Therefore, the BLM has determined under the RFA that the 
supplementary rules would not have a significant economic impact on a 
substantial number of small entities.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    These supplementary rules are not considered a ``major rule'' as 
defined under 5 U.S.C. 804(2). The supplementary rules merely establish 
rules of conduct for public use of a limited area of public lands and 
do not affect commercial or business activities of any kind.

Unfunded Mandates Reform Act

    These 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 per year; nor do they have a 
significant or unique effect on small governments. The rules have no 
effect on governmental or tribal entities and would impose no 
requirements on any of these entities. The supplementary rules merely 
establish rules of conduct for public use of a limited area of public 
lands and do not affect tribal, commercial, or business activities of 
any kind. Therefore, the BLM is not required to prepare a statement 
containing the information required by the Unfunded Mandates Reform Act 
(2 U.S.C. 1531 et seq.).

[[Page 36508]]

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

    These supplementary rules do not have significant takings 
implications, nor are they capable of interfering with 
Constitutionally-protected property rights. The supplementary rules 
merely establish rules of conduct for public use of a limited area of 
public lands and do not affect anyone's property rights. Therefore, the 
Department of the Interior has determined that these rules will not 
cause a taking of private property or require preparation of a takings 
assessment under this Executive Order.

Executive Order 13132, Federalism

    These supplementary rules will not have a substantial direct effect 
on the states, the relationship between the national government and the 
states, nor the distribution of power and responsibilities among the 
various levels of government. These supplementary rules do not come 
into conflict with any State law or regulation. Therefore, in 
accordance with Executive Order 13132, the BLM has determined that 
these 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, these rules will not unduly burden the 
judicial system and 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

    In accordance with Executive Order 13175, the BLM has found that 
these supplementary rules do not include policies that have tribal 
implications. The supplementary rules do not affect land held for the 
benefit, nor impede the rights, of Indians or Alaska Natives.

Paperwork Reduction Act

    These proposed supplementary rules do not directly provide for any 
information collection that the Office of Management and Budget must 
approve under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. Any 
information collection that may result from Federal criminal 
investigations or prosecutions conducted under these proposed 
supplementary rules are exempt from the provisions of the Paperwork 
Reduction Act of 1995, 44 U.S.C. 3518(c)(1).

Author

    The principal author of these proposed supplementary rules is Chris 
Ham, Recreation Program Lead, Bangs Canyon Special Recreation 
Management Area, 2815 H Road Grand Junction, Colorado 81506.
    For the reasons stated in the preamble and under the authorities 
for supplementary rules found under 43 U.S.C. 1740 and 43 CFR 8365.1-6, 
the Colorado State Director, Bureau of Land Management, proposes 
supplementary rules for public lands managed by the BLM in Colorado, to 
read as follows:

Supplementary Rules for Bangs Canyon Special Recreation Management Area

    1. These supplementary rules apply, except as specifically 
exempted, to activities within the Bangs Canyon Special Recreation 
Management Area (BCSRMA), which is comprised of public lands 
administered by the Bureau of Land Management near Grand Junction, 
Colorado.
    2. These supplementary rules are in effect on a year-round basis 
and will remain in effect until modified by the authorized officer.
    3. You must not start or maintain a fire in sites or areas not 
designated as open for such use by a BLM sign or map.
    4. You must not start or maintain a fire outside of a metal fire 
ring at sites or areas where fire rings are provided by the BLM. 
Mechanical stoves and other appliances that are fueled by gas, and 
equipped with a valve that allows the operator to control the flame, 
are among the devices that fulfill the requirement for a metal fire 
ring.
    5. You must not cut, collect or use live, dead, or down wood except 
in areas designated open to such use by a BLM sign or map.
    6. You must not camp in sites or areas not designated as open to 
camping by a BLM sign or map.
    7. You must dispose of solid human waste as indicated by a BLM sign 
or map.
    8. You must not use roads and/or trails by motorized or mechanized 
vehicle or equestrian or pedestrian travel, except where designated as 
open to such use by a BLM sign or map.
    9. You must not operate a motorized or mechanized vehicle in 
violation of trail width and/or vehicle type restrictions as indicated 
by a BLM sign or map.
    10. You must not operate an off-highway vehicle (OHV) that produces 
sound exceeding 96 decibels.
    11. You must not discharge a firearm of any kind, including those 
used for target shooting or paintball where indicated by a BLM sign or 
map. 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.
    12. You must not enter an area that is designated closed by a BLM 
sign or map.
    13. You must remove and properly dispose of canine solid waste when 
and where indicated by a BLM sign or map.
    14. You must not bring any dog into the BCSRMA that is not 
controlled by visual, audible, or physical means.
    15. You must not park in areas not designated for parking by a BLM 
sign or map.
    16. You must not burn material, including wood, that contains 
nails, glass or any metal.
    17. The hours of operation are sunrise to sunset in any area that 
is for day-use only as indicated by a BLM sign or map. You must not 
enter or remain in such an area after sunset or before sunrise.
    Exemptions: The following persons are exempt from these 
supplementary rules:
    A. Federal, State, local and/or military personnel in the scope of 
their official duties;
    B. Members of an organized rescue or fire-fighting force in 
performance of their official duties; and
    C. Persons, agencies, municipalities, or companies holding an 
existing special-use permit inside the BCSRMA and operating within the 
scope of their permit.
    Penalties: Any person who violates any of these supplementary rules 
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. 43 U.S.C. 
1733(a); 43 CFR 8360.0-7. Such violations may also be subject to the 
enhanced fines provided for by 18 U.S.C. 3571. In accordance with 43 
CFR 8365.1-7, State or local officials may also impose penalties for 
violations of Colorado law.

Dave Hunsaker,
Associate State Director.
[FR Doc. E9-17591 Filed 7-22-09; 8:45 am]
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