[Federal Register Volume 75, Number 89 (Monday, May 10, 2010)]
[Notices]
[Pages 25879-25881]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10991]



[[Page 25879]]

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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLCO910000 L71220000.PN0000 LVTFC09C0020]


Notice of Proposed Supplementary Rules Concerning Fireworks on 
Public Land in Colorado

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of proposed supplementary rules.

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SUMMARY: The Bureau of Land Management (BLM) is proposing a 
supplementary rule to restrict the possession and use of fireworks on 
public land within the State of Colorado. The rules are necessary to 
protect the area's natural resources and provide for public health and 
safety.

DATES: Comments on the proposed supplementary rules must be received or 
postmarked by August 9, 2010 to be considered. In developing final 
supplementary rules, the BLM is not obligated to consider comments 
postmarked or received after this date.

ADDRESSES: You may submit comments by any of the following methods:
    Mail: Office of Law Enforcement, BLM, Colorado State Office, 2850 
Youngfield Street, Lakewood, Colorado 80215.
    Internet: http://[email protected] (Attn: John Bierk).

FOR FURTHER INFORMATION CONTACT: John Bierk, Colorado State Office, 
2850 Youngfield Street, Lakewood, Colorado 80215, telephone (303) 239-
3893. Persons who use a telecommunications device for the deaf (TDD) 
may contact this individual by calling the Federal Information Relay 
Service (FIRS) at (800) 877-8339, 24 hours a day, seven days a week.

SUPPLEMENTARY INFORMATION: 
    I. Authority
    II. Public Comment Procedures
    III. Background
    IV. Procedural Matters

I. Authority

    43 U.S.C. 1740, 43 U.S.C. 315a, and 43 CFR 8365.1-6.

II. Public Comment Procedures

    You may view an electronic version of the proposed supplementary 
rules at the following BLM Web site: http://www.blm.gov/co/st/en.html.
    Written comments on the proposed supplementary rules should be 
specific, confined to issues pertinent to the proposed supplementary 
rules, and should explain the reason for any recommended change. Where 
possible, comments should reference the specific section or paragraph 
of the proposal that the commenter 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 one of the addresses listed above (See ADDRESSES).
    Comments, including names, street addresses, and other contact 
information of respondents, will be available for public review at 2850 
Youngfield Street, Lakewood, Colorado 80215 during regular business 
hours (9 a.m. to 4 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.

III. Background

    Under current regulations found in 43 CFR 8365.2-5(a), no person 
shall discharge or use fireworks in a developed recreation site. 
Seasonal fire prevention orders issued under the authority of 43 CFR 
9212.2(a) are commonly used at the local level to reduce the chance of 
human-caused fires during the peak fire season. This action would 
supplement the existing regulations to prohibit the possession and use 
of fireworks on all public land in Colorado. Drought and subsequent 
insect kill of large stands of pine trees in Colorado have made the 
threat of wildfires greater each year. The challenges of fire 
protection and suppression increase as more people move into the 
wildland urban interface. Ensuring public and firefighter safety, while 
protecting property and natural resources, remain BLM priorities.
    Under the National Fire Plan, the BLM works with other agencies and 
communities to ensure adequate preparedness for future fire seasons, 
restore landscapes, rebuild communities damaged by wildfire, and invest 
in projects to reduce fire risk. This action complements the National 
Fire Plan. Land management agencies have taken precautions to enhance 
public awareness, provide proactive pre-suppression efforts, and 
implement fire restrictions that are reasonable and consistent among 
Federal, State, and local agencies. Federal, State, and local land 
management agencies should strive to implement fire restrictions and 
closures that are uniform across administrative and geographic 
boundaries. The restrictions contained in this rulemaking will help 
achieve that goal.
    The proposed prohibition on the possession and use of fireworks is 
consistent with the other land management regulations designed to 
enhance fire prevention, and it is consistent with State definitions 
found in the Colorado Revised Statutes sections 12-28-101(1), 12-28-
101(1.5), and 12-28-101(8)(a) and listed in the proposed rule under 
definitions with one exception. Under Colorado Revised Statutes section 
12-28-101(8)(a)(VII)(D), strike-on-box matches are listed as a 
permissible firework. This section was dropped from the definitions so 
it would not interfere with visitor use of strike-on-box matches for 
normal campfire or other uses.

IV. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    These supplementary rules would 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 would not have an annual effect of $100 million or more on the 
economy. They would 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 would not create a serious 
inconsistency or otherwise interfere with an action taken or planned by 
another agency. The supplementary rules would not materially alter the 
budgetary effects of entitlements, grants, user fees, loan programs, or 
the rights or obligations of their recipients, nor do they raise novel 
legal or policy issues. These supplementary rules would 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:

[[Page 25880]]

    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 
addresses specified in the ADDRESSES section.

National Environmental Policy Act

    This proposed supplementary rule in and of itself, does not 
constitute a major Federal action significantly affecting the quality 
of the human environment under section 102(2)(C) of the Environmental 
Protection Act of 1969 (NEPA), 42 U.S.C. 4332(2)(C). It is 
categorically excluded from environmental review under section 
102(2)(C) of NEPA, pursuant to the Department of the Interior 
regulations implementing NEPA 43 CFR 46.210(i). In addition, the 
supplementary rule does not meet any of the 10 criteria for exceptions 
to the categorical exclusions listed in 43 CFR 46.215.

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

    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 would 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 would they have a 
significant or unique effect on small governments. The rules would 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)

    The proposed supplementary rules would not represent a government 
action capable of interfering with constitutionally protected property 
rights. Therefore, the Department of the Interior has determined that 
the proposed supplementary rules 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 would 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. Therefore, in 
accordance with Executive Order 13132, the BLM has determined that the 
proposed supplementary rules would not have sufficient Federalism 
implications to warrant preparation of a Federalism Assessment.

Executive Order 12988, Civil Justice Reform

    Under Executive Order 12988, the BLM has determined that the 
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 Executive Order 12988.

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

    In accordance with Executive Order 13175, the proposed 
supplementary rules do not include policies that have Tribal 
implications.

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

    Under Executive Order 13211, the BLM has determined that the 
proposed supplementary rules would not comprise a significant energy 
action, and that they would not have an adverse effect on energy 
supplies, production, or consumption.

Paperwork Reduction Act

    The proposed supplementary rules would not directly provide for any 
information collection that the Office of Management and Budget must 
approve under the Paperwork Reduction Act of 1995, 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 44 U.S.C. 
3518(c)(1).

Author

    The principal author of these proposed supplementary rules is John 
Bierk, State Staff Ranger, Colorado State Office, 2850 Youngfield 
Street, Lakewood, Colorado 80215.

Proposed Supplementary Rules Concerning Fireworks on Public Land in 
Colorado

    For the reasons stated in the preamble, and under the authorities 
for supplemental rules found at 43 U.S.C. 1740, 43 U.S.C. 315a, and 43 
CFR 8365.1-6, the Colorado State Director, Bureau of Land Management 
(BLM) proposes supplementary rules for public lands managed by the BLM 
in Colorado, to read as follows:

Definitions

    Fireworks means any composition or device designed to produce a 
visible or audible effect by combustion, deflagration, or detonation, 
and that meets the definition of articles pyrotechnic, permissible 
fireworks, or display fireworks, as defined by Colorado Revised 
Statutes 12-28-101(1), 12-28-101(1.5), and 12-28-101(8)(a).

[[Page 25881]]

Colorado Revised Statutes 12-28-101(1)

    ``Articles pyrotechnic'' means pyrotechnic special effects 
materials and pyrotechnic devices for professional use that are 
similar to consumer fireworks in chemical composition and 
construction but are intended for theatrical performances and not 
intended for consumer use. Articles pyrotechnic shall also include 
pyrotechnic devices meeting the weight limits for consumer fireworks 
but are not labeled as such and are classified as UN0431 or UN0432 
pursuant to 49 CFR 172.101, as amended.

Colorado Revised Statutes 12-28-101(1.5)

    ``Display fireworks'' means large fireworks designed primarily 
to produce visible or audible effects by combustion, deflagration, 
or detonation and includes, but is not limited to, salutes 
containing more than one hundred thirty milligrams of explosive 
material, aerial shells containing more than forty grams of 
pyrotechnic compositions, and other display pieces that exceed the 
limits of explosive materials for classification as consumer 
fireworks as defined in 16 CFR 1500.1 to 1500.272 and 16 CFR 1507.1 
to 1507.12 and are classified as fireworks UN0333, UN0334, or UN0335 
pursuant to 49 CFR 172.101, as amended, and including fused set 
pieces containing components that exceed fifty milligrams of salute 
powder.

Colorado Revised Statutes 12-28-101(8)(a)

    ``Permissible fireworks'' means the following small fireworks 
devices designed to produce audible or visual effects by combustion, 
complying with the requirements of the United States consumer 
product safety commission as set forth in 16 CFR 1500.1 to 1500.272 
and 1507.1 to 1507.12, and classified as consumer fireworks UN0336 
and UN0337 pursuant to 49 CFR 172.101:

    (I) Cylindrical fountains, total pyrotechnic composition not to 
exceed seventy-five grams each for a single tube or, when more than 
one tube is mounted on a common base, a total pyrotechnic 
composition of no more than two hundred grams;
    (II) Cone fountains, total pyrotechnic composition not to exceed 
fifty grams each for a single cone or, when more than one cone is 
mounted on a common base, a total pyrotechnic composition of no more 
than two hundred grams;
    (III) Wheels, total pyrotechnic composition not to exceed sixty 
grams for each driver unit or two hundred grams for each complete 
wheel;
    (IV) Ground spinner, a small device containing not more than 
twenty grams of pyrotechnic composition venting out of an orifice 
usually in the side of the tube, similar in operation to a wheel, 
but intended to be placed flat on the ground;
    (V) Illuminating torches and colored fire in any form, total 
pyrotechnic composition not to exceed two hundred grams each;
    (VI) Dipped sticks and sparklers, the total pyrotechnic 
composition of which does not exceed one hundred grams, of which the 
composition of any chlorate or perchlorate shall not exceed five 
grams;
    (VII) Any of the following that do not contain more than fifty 
milligrams of explosive composition:
    (A) Explosive auto alarms;
    (B) Toy propellant devices;
    (C) Cigarette loads;
    (D) Other trick noise makers;
    (VIII) Snake or glow worm pressed pellets of not more than two 
grams of pyrotechnic composition and packaged in retail packages of 
not more than twenty-five units;
    (IX) Fireworks that are used exclusively for testing or research 
by a licensed explosives laboratory;
    (X) Multiple tube devices with:
    (A) Each tube individually attached to a wood or plastic base;
    (B) The tubes separated from each other on the base by a 
distance of at least one-half of one inch;
    (C) The effect limited to a shower of sparks to a height of no 
more than fifteen feet above the ground;
    (D) Only one external fuse that causes all of the tubes to 
function in sequence; and
    (E) A total pyrotechnic composition of no more than five hundred 
grams.

Prohibited Acts

    Unless otherwise authorized, the following acts are prohibited on 
all public lands, roads, trails, or waterways administered by the BLM 
in Colorado:
    1. The possession, discharge, or use of all fireworks as defined by 
Colorado Revised Statutes 12-28-101(1), 12-28-101(1.5), and 12-28-
101(8)(a); and
    2. The violation of the terms, conditions of use, or stipulations 
of any written authorization that may be exempted under this rule. The 
following person(s) are exempt from this order: Any Federal, State, or 
local officer, or member of an organized rescue or fire suppression or 
fuels management force or other authorized agency personnel while in 
the performance of their official duties.

Penalties

    Under the Taylor Grazing Act of 1934, 43 U.S.C. 315a, any willful 
violation of these supplementary rules on public lands within a grazing 
district shall be punishable by a fine of not more than $500 or,
    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, any person who violates 
any of these supplementary rules on public lands within Colorado may be 
tried before a United States Magistrate and fined no more than $1,000, 
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.

Helen M. Hankins,
State Director.
[FR Doc. 2010-10991 Filed 5-7-10; 8:45 am]
BILLING CODE 4310-JB-P