[Federal Register Volume 76, Number 196 (Tuesday, October 11, 2011)]
[Notices]
[Pages 62821-62824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-26190]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLCON03000-L12200000-PA0000]


Notice of Final Supplementary Rules for Public Lands in Colorado: 
North Fruita Desert Management Area

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of final supplementary rules.

-----------------------------------------------------------------------

SUMMARY: The Bureau of Land Management (BLM) Grand Junction Field 
Office (GJFO) is implementing supplementary rules to regulate conduct 
on public lands within the North Fruita Desert Management Area (NFDMA). 
These supplementary rules are needed to implement decisions found in 
the 2004 North Fruita Desert Management Plan (NFDMP) to protect public 
lands, resources, and public health, and provide for public safety.

DATES: Effective Date: These rules are effective December 12, 2011.

ADDRESSES: You may send inquiries to the Bureau of Land Management, 
2815 H Road, Grand Junction, Colorado 81506, or email comments to 
[email protected], Attn: ``North Fruita.''

FOR FURTHER INFORMATION CONTACT: Bryce Stewart, BLM Ranger, Bureau of 
Land Management, Grand Junction Field Office, at the address listed 
above or by telephone at 970-244-3070.

SUPPLEMENTARY INFORMATION: 

I. Authority
II. Background
III. Discussion of the Public Comments

[[Page 62822]]

IV. Procedural Matters
V. Final Supplementary Rules

I. Authority

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

II. Background

    Recreation resource management decisions for the 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. The RMP recommended additional planning for the IRMA due to its 
distinguishing characteristics and significant opportunities for 
recreation. The NFDMP and the supporting environmental assessment (EA) 
approved in 2004 fulfill the obligation of the GJFO to complete a site-
specific recreation plan for this area. They establish management 
objectives and identify management strategies to achieve those 
objectives. The final rules published today are consistent with 
direction for recreation actions in the BLM's National Mountain 
Bicycling Strategic Action Plan (2002) and the BLM's National 
Management Strategy for Motorized Off-Highway Vehicle Use on Public 
Lands (2001). The BLM has added definitions in the final rule to 
clarify the meaning of camping, day-use areas, designated trails, 
firearms, vehicles, mechanized vehicles, off-road vehicles, and Special 
Recreation Management Areas. The BLM revised proposed rule number six 
to clarify allowable uses on roads and trails. That proposed rule was 
broken into four separate rules for clarification. The BLM revised 
proposed rule eight to clarify access to day-use areas for hunting. 
Possession of an off-road vehicle was inadvertently left out of 
proposed rule number four and was added in the final rule for 
consistency with rule numbers five and six. The BLM also clarified 
penalties under the Taylor Grazing Act of 1934. Otherwise, with the 
exception of minor non-substantive grammatical and formatting changes, 
the final rules remain as proposed.

III. Discussion of Public Comments

    The BLM GJFO proposed these supplementary rules in the Federal 
Register (74 FR 39100) on August 5, 2009. Public comments were accepted 
for a period of 60 days, ending on October 5, 2009. The BLM received 
one comment from the Colorado Division of Wildlife (CDOW). The CDOW 
asked the BLM to consider revising proposed supplementary rule number 
eight, which addresses areas designated as ``day-use only.'' The CDOW 
noted that CDOW Rule 202(A) provides ``Big game may be taken from one-
half (\1/2\) hour before sunrise to one-half (\1/2\) hour after 
sunset.''
    The BLM agrees with this comment and has made changes in final rule 
number nine.

IV. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    These supplementary rules are not significant regulatory actions 
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 any 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 public 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 rules to 
the address specified in the ADDRESSES section.

National Environmental Policy Act (NEPA)

    The NFDMP amends the GJRA RMP and supports BLM policies. In 2002, 
an EA (CO-130-02-008-EA) was initiated to provide the environmental 
analysis necessary to implement these final supplementary rules, and 
the Decision Record (DR) was signed in 2004. These supplementary rules 
would give the BLM the tools to enforce the measures approved in the 
2004 DR by allowing the BLM to enforce decisions developed to protect 
public health and safety and improve the protection of recreational and 
public land resources. These rules do not change any of the NEPA 
analysis or decisions in the 2004 DR. These rules are established for 
the purpose of enforcing the actions and protecting the resources 
identified in CO-130-02-008-EA.
    The BLM reviewed CO-130-02-008-EA and found that the supplementary 
rules do not constitute a major Federal action significantly affecting 
the quality of the human environment under Section 102(2)(C) of NEPA, 
42 U.S.C. 4332(2)(C). The DR and Finding of No Significant Impact 
(FONSI) were signed on November 8, 2004 (CO-130-02-008-EA, p. 74). The 
BLM placed the EA, DR and FONSI on file in the BLM Administrative 
Record, and invites the public to review these documents at the address 
specified in the ADDRESSES section.

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 these 
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.

[[Page 62823]]

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. 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. 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, the BLM has determined that these 
rules will 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

    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 merely establish rules of conduct 
for public use of a limited area of public land and do not affect land 
held for the benefit of Indians or Alaska Natives or impede their 
rights.

Paperwork Reduction Act

    These final 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 final 
supplementary rules is exempt from the provisions of the Paperwork 
Reduction Act of 1995, as provided at 44 U.S.C. 3518(c)(1).

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

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

V. Final Supplementary Rules

Author
    The principal author of these supplementary rules is Eric Boik, 
Field Staff Ranger, Bureau of Land Management, Grand Junction Field 
Office, 2815 H Road, Grand Junction, Colorado 81506.
    For the reasons stated in the preamble, and under the authorities 
for supplementary rules found at 43 U.S.C. 1740, 43 U.S.C. 315a, and 43 
C.F.R. 8365.1-6, the Colorado State Director, issues final 
supplementary rules for public lands within the NFDMA, Colorado, to 
read as follows:

Supplementary Rules for North Fruita Desert Management Area

Definitions

    Camping means the erecting of a tent or shelter of natural or 
synthetic material, preparing a sleeping bag or other bedding material 
for use, parking a motor vehicle, motor home, or trailer, or mooring of 
a vessel for the apparent purpose of overnight occupancy.
    Day-Use Area means any area open for public access during daylight 
hours, between sunrise and sunset, or where specific hours of operation 
have been identified. Overnight use in these areas is specifically 
prohibited.
    Designated Trail means a trail developed, maintained, and 
explicitly identified for public use by the BLM. All designated trails 
will be identified by a combination of trailhead maps and on-site 
signage listing allowable uses.
    Firearm or Other Projectile Shooting Device means all firearms, air 
rifles, pellet and BB guns, spring guns, bows and arrows, slings, paint 
ball markers, other instruments that can propel a projectile (such as a 
bullet, dart, or pellet) by combustion, air pressure, gas pressure, or 
other means, or any instrument that can fire blank cartridges.
    Mechanized Vehicle means mechanical transport by way of any 
vehicle, device, or contrivance for moving people or material in or 
over land, water, snow, or air that has moving parts. This includes but 
is not limited to sailboats, sailboards, hang gliders, parachutes, 
bicycles, game carriers, carts, or wagons. The term does not include 
wheelchairs, nor does it include horses or other pack stock, skis, 
snowshoes, non-motorized river craft including, but not limited to, 
drift boats, rafts, and canoes, or sleds, travois, or similar devices 
without moving parts. (See 43 CFR 6301.5).
    Off-road Vehicle means any motorized vehicle capable of, or 
designed for, travel on or immediately over land, water, or other 
natural terrain excluding:
    (1) Any non-amphibious registered motorboat;
    (2) Any military, fire, emergency, or law enforcement vehicle while 
being used for emergency purposes;
    (3) Any vehicle whose use is expressly authorized by the authorized 
officer, or otherwise officially approved;
    (4) Vehicle in official use; and
    (5) Any combat or combat support vehicle when used in times of 
national defense emergencies. (See 43 CFR 8340.0-5).
    Special Recreation Management Area means an administrative unit 
where the existing or proposed recreation opportunities and recreation 
setting characteristics are recognized for their unique value, 
importance, and/or distinctiveness, especially as compared to other 
areas used for recreation.
    Vehicle means every device in, upon, or by which a person or 
property is or may be transported from one place to another.

Prohibited Acts

    Unless otherwise authorized, the following acts are prohibited on 
public lands within the North Fruita Desert Management Area:
    1. You must not start or maintain a fire outside of a metal fire 
ring at sites or areas where fire rings are provided by

[[Page 62824]]

the BLM. Mechanical stoves or other appliances fueled by gas and 
equipped with a valve that allows the operator to control the flame are 
exempt from this rule.
    2. 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. Mechanical stoves 
or other appliances fueled by gas and equipped with a valve that allows 
the operator to control the flame are exempt from this rule.
    3. You must not cut, collect, or use live, dead, or down wood 
except in areas designated as open to such use by a BLM sign or map.
    4. You must not operate or be in possession of an off-road vehicle 
or mechanized vehicle on any road which is not designated as open to 
such use by a BLM sign or map.
    5. You must not operate or be in possession of an off-road vehicle 
or mechanized vehicle on any trail which is not designated as open to 
such use by a BLM sign or map.
    6. You must not ride or be in possession of horses or other pack 
animals on any trail which is not designated as open to such use by a 
BLM sign or map.
    7. Where pedestrian travel is restricted to a designated trail or 
route, you must not travel cross-country off the designated trail or 
route.
    8. You must not discharge a firearm or other projectile shooting 
device of any kind, including those used for target shooting or 
paintball, where a BLM sign or map indicates a no-shooting area. 
Licensed hunters in pursuit of game during a legal hunting season with 
appropriate firearms, as defined by the Colorado Division of Wildlife, 
are exempt from this rule.
    9. You must not enter or remain in a designated day-use area after 
sunset or before sunrise. Licensed hunters in pursuit of game during 
the proper season, as defined by the Colorado Division of Wildlife, are 
exempt from this rule.
    10. You must not enter an area that is designated as closed by a 
BLM sign or map.
    11. You must not camp in sites or areas not designated as open to 
camping by a BLM sign or map.
    12. You must not burn wood or other material containing nails, 
glass, or any metal.
    13. You must not park a vehicle in areas not designated for parking 
by a BLM sign or map.
    14. You must not bring any dog into the NFDMA that is not 
controlled by visual, audible, or physical means.
    15. You must remove and properly dispose of solid dog waste as 
indicated by a BLM sign or map.
    16. You must properly dispose of solid human waste as indicated by 
a BLM sign or map.
    17. You must not operate or be in possession of an off-road vehicle 
that produces sound exceeding 96 decibels.

Exemptions

    The following persons are exempt from these supplementary rules: 
Any Federal, state, local, and/or military persons acting within the 
scope of their official duties; members of any organized rescue or 
fire-fighting force in performance of an official duty; and persons, 
agencies, municipalities, or companies holding an existing special-use 
permit inside the NFDMA and operating within the scope of their permit.

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.
    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 
knowingly and willfully violates any of these supplementary rules on 
public lands within the NFDMA 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. 2011-26190 Filed 10-7-11; 8:45 am]
BILLING CODE 4310-JB-P