[Federal Register Volume 76, Number 202 (Wednesday, October 19, 2011)]
[Notices]
[Pages 64969-64971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-27044]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLCO910000 L71220000.PN0000 LVTFC09C0020]


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

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of final supplementary rules.

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

DATES: Effective Date: These rules are effective December 19, 2011.

ADDRESSES: You may send inquiries by mail to the Office of Law 
Enforcement, BLM Colorado State Office, 2850 Youngfield Street, 
Lakewood, Colorado 80215; or by e-mail to [email protected].

FOR FURTHER INFORMATION CONTACT: John Bierk, Chief Ranger, BLM Colorado 
State Office (see address listed above); or by phone (303) 239-3893. 
Persons who use a telecommunications device for the deaf (TDD) may call 
the Federal Information Relay Service (FIRS) at 1-800-877-8339 to 
contact the above individual during normal business hours. The FIRS is 
available 24 hours a day, 7 days a week, to leave a message or question 
with the above individual. You will receive a reply during normal 
business hours.

SUPPLEMENTARY INFORMATION:

I. Background
II. Discussion
III. Procedural Matters

I. Background

    The BLM proposed these Supplementary Rules in the Federal Register 
on May 10, 2010 (75 FR 25879). Under current regulations found in 43 
CFR 8365.2-5 (a), no person shall discharge or use fireworks at 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 peak fire season. 
This action will 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 the BLM's 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. These rules complement 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

[[Page 64970]]

closures that are uniform across administrative and geographic 
boundaries. The restrictions contained in this rulemaking will help 
achieve that goal.
    The 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 the definitions of 
fireworks found in Colorado Revised Statutes sections 12-28-101(1), 12-
28-101(1.5), and 12-28-101(8)(a), 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.

II. Discussion

    The proposed supplementary rules received six public comments, four 
were in support of the proposed rule and two were against the proposed 
rule. One comment in opposition to the proposed rules cited a family 
tradition of fireworks use on public land. While the BLM recognizes the 
importance of family traditions, such traditions must be weighed 
against the need to protect the natural resources located on public 
lands and the need to protect public health and safety at the same 
time. Considering that there are appropriate and safe areas in Colorado 
where fireworks are allowed and there are a large number of 
professional fireworks displays available for public viewing throughout 
the year, the benefits of these rules outweigh the costs. The second 
comment received in opposition to the proposed rules cited a concern 
that the definition of an explosive device would eventually include 
firearms. The BLM definition of fireworks, which substantially relies 
on the definition under Colorado Revised Statutes 12-28-101(1), 12-28-
101(1.5), and 12-28-101(8)(a) does not include firearms and the BLM has 
no intention of including firearms in the definition of fireworks under 
this final rule.

III. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    The Final 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. They do not have an 
annual effect of $100 million or more on the economy. They do 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. They do not create a 
serious inconsistency or otherwise interfere with an action taken or 
planned by another agency. They do 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. They merely establish rules of conduct for 
public use of a limited area of public lands.

National Environmental Policy Act

    The BLM has found that the Final Supplementary Rules comprise a 
category or kind of action that has no significant individual or 
cumulative effect on the quality of the human environment. See 40 CFR 
1508.4; 43 CFR 26.210. Specifically, the promulgation of the Final 
Supplementary Rules is an action that is of an administrative, 
financial, legal, technical, or procedural nature within the meaning of 
43 CFR 26.210(i), and none of the extraordinary circumstances listed at 
43 CFR 26.215 are applicable. Therefore the BLM is not required to 
prepare an environmental assessment or an environmental impact 
statement for the Final Supplementary Rules.

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 Final 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 they 
will not have a significant economic impact on a substantial number of 
small entities.

Small Business Regulatory Enforcement Fairness Act

    These Final Supplementary Rules are not considered a `major rule' 
as defined under 5 U.S.C. 804(2). They 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 Final 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. They have no effect 
on governmental or tribal entities and will impose no requirements on 
any of these entities. They 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 Final Supplementary Rules do not represent a government action 
capable of interfering with constitutionally protected property rights. 
Therefore, the BLM has determined that they will not cause a taking of 
private property or require further discussion of takings implications 
under this Executive Order.

Executive Order 13132, Federalism

    The Final Supplementary Rules do 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 
these rules will 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 Final 
Supplementary Rules do 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 Final Supplementary 
Rules do not include policies that have tribal implications.

Information Quality Act

    In developing the Final Supplementary Rules, the BLM did not 
conduct or use a study, experiment, or survey requiring peer review 
under the

[[Page 64971]]

Information Quality Act (Section 515 of Pub. L. 106-554).

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

    Under Executive Order 13211, the BLM has determined that the Final 
Supplementary Rules do not comprise a significant energy action and do 
not have an adverse effect on energy supplies, production, or 
consumption.

Paperwork Reduction Act

    The 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 of 1995, 44 U.S.C. 3501 et 
seq. Any information collection that may result from Federal criminal 
investigations or prosecutions conducted under these rules are exempt 
from the provisions of 44 U.S.C. 3518(c)(1).

Author

    The principal author of the Final Supplementary Rules is John 
Bierk, Chief Ranger, BLM Colorado State Office.
    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. 315(a), and 
43 CFR 8365.1-6, the BLM Colorado State Director issues supplementary 
rules for public lands managed by the BLM in Colorado, to read as 
follows:

SUPPLEMENTARY RULES FOR FIREWORKS USE AND POSSESSION ON PUBLIC LAND IN 
COLORADO

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 below.

    ``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.
    ``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 130 milligrams of explosive material, aerial 
shells containing more than 40 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 50 milligrams of salute powder.
    ``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 75 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 
50 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 60 
grams for each driver unit or 200 grams for each complete wheel;
    (IV) Ground spinner, a small device containing not more than 20 
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 200 grams each;
    (VI) Dipped sticks and sparklers, the total pyrotechnic 
composition of which does not exceed 100 grams, of which the 
composition of any chlorate or perchlorate shall not exceed 5 grams;
    (VII) Any of the following that do not contain more than 50 
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 2 
grams of pyrotechnic composition and packaged in retail packages of 
not more than 25 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 15 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 500 grams.

Prohibited Acts

    Unless otherwise authorized, the following acts are prohibited on 
all public lands, roads, trails, and waterways administered by the BLM 
in Colorado:
    1. The possession, discharge, or use of all fireworks as defined 
above; 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.

    [Authority: FLPMA 43 U.S.C. 1740, 43 CFR 8364, 8365.1-6, 8365.2-
5(a), and 9212.2]

Helen M. Hankins,
State Director.
[FR Doc. 2011-27044 Filed 10-18-11; 8:45 am]
BILLING CODE 4310-JB-P