[Federal Register Volume 74, Number 149 (Wednesday, August 5, 2009)]
[Notices]
[Pages 39100-39102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-18723]



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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: North Fruita Desert 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 the North Fruita Desert Management Area (NFDMA). These 
supplementary rules are needed to implement decisions described in the 
North Fruita Desert Management Plan (NFDMP), to protect public lands, 
resources, public health, and provide for public safety.

DATES: Please send comments to the following address by October 5, 
2009. Comments received or postmarked after this date may not be 
considered in the development of the final supplementary rules.

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

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 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 
(GJRA) Resource Management Plan (RMP) in 1987. The Grand Valley, 
including the North Fruita Desert, was designated as an Intensive 
Recreation Management Area (IRMA) in the RMP plan. The plan identified 
the need for additional planning for the IRMA due to its distinguishing 
characteristics and significance to recreation. The North Fruita Desert 
Management Plan fulfills the obligation of the GJFO to complete a site-
specific recreation plan for this area. It establishes management 
objectives and identifies management strategies to achieve those 
objectives. The North Fruita Desert Management Plan amends the GJRA 
RMP, implements the Environmental Assessment (EA) and its amendments, 
and supports BLM policies. The North Fruita Desert Management Plan is 
an integrated, issue-driven recreation plan because it addresses all 
major resource disciplines present in the area and the issues 
associated with them. It is also consistent with direction for 
recreation actions found in the Recreation Guidelines to meet Public 
Land Health Standards on BLM Managed Lands in Colorado (2000), as well 
as the BLM National Mountain Bike Strategy, the BLM Off-Highway Vehicle 
(OHV) 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 North Fruita Desert Management Area (NFDMA). The North Fruita 
Desert Management Plan, a plan which amends the 1987 RMP within the 
North Fruita Desert Planning Area includes specific management actions 
that restrict certain activities and define allowable uses. The 
proposed supplementary rules implement these management actions within 
the NFDMA. These rules do not propose or implement any land use 
limitations or restrictions other than those limitations or 
restrictions included within the decisions in the RMP or allowed for by 
existing law or regulation. Many of the proposed supplementary rules 
apply to the entire area, but some apply to specific areas within the 
NFDMA. This approach allows for flexibility in management actions based 
on the results of resource and visitor monitoring.

IV. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    The 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. The 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. The 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 any novel legal or policy issues. The 
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 proposed 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

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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 (EA) for the 
NFDMA were completed and the Record of Decision signed in August 2004. 
The supplementary rules are consistent with and necessary to properly 
carry out the direction of the RMP and the North Fruita Desert 
Management Plan. They establish rules of conduct for public use within 
NFDMA 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

    The 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

    The 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.).

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 
BLM 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, or 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 supplementary 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

    The 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 is 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 Eric 
Boik, BLM Field Staff Law Enforcement Ranger, McInnis Canyons National 
Conservation 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 North Fruita Desert Management Area

    1. These supplementary rules apply, except as specifically 
exempted, to activities in the North Fruita Desert Management Area 
(NFDMA), 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 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.
    4. 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.
    5. You must not cut or collect live, dead, or down wood except in 
areas designated as open to such use by a BLM sign or map.
    6. You must not use roads and/or trails by motorized or mechanized 
vehicle or equestrian or pedestrian travel except when designated as 
open to such use by a BLM sign or map.
    7. You must not discharge a firearm of any kind, including those 
used for target shooting or paintball as 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.
    8. 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.

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    9. You must not enter an area that is designated as closed by a BLM 
sign or map.
    10. You must not camp in sites or areas not designated as open to 
camping by a BLM sign or map.
    11. You must not burn material, including wood that contains nails, 
glass or any metal.
    12. You must not park in areas not designated for parking by a BLM 
sign or map.
    13. You must not bring any dog into the NFDMA that is not 
controlled by visual, audible, or physical means.
    14. You must remove and properly dispose of canine solid waste when 
indicated by a BLM sign or map.
    15. You must dispose of solid human waste as indicated by a BLM 
sign or map.
    Exemptions: Persons who are exempt from the restrictions contained 
in these Rules include:
    A. Federal, state, local and/or military personnel in the scope of 
their official duties;
    B. Members of any 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 NFDMA and operating within the 
scope of their permit.
    Penalties: Any person who violates any of the 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. E9-18723 Filed 8-4-09; 8:45 am]
BILLING CODE 4310-JB-P