[Federal Register Volume 78, Number 30 (Wednesday, February 13, 2013)]
[Notices]
[Pages 10203-10206]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-03299]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLCOF0200-L12200000-DU0000]


Notice of Final Supplementary Rules for Public Lands in Colorado: 
Public Lands Administered by the Bureau of Land Management, Royal Gorge 
Field Office, Arkansas River Travel Management Area in Chaffee, Custer, 
and Fremont Counties

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of Final Supplementary Rules.

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SUMMARY: The Bureau of Land Management (BLM) is establishing 
supplementary rules to regulate conduct on public lands within the 
Arkansas River Travel Management Area (ARTMA) in Chaffee, Custer, and 
Fremont Counties, Colorado. These supplementary rules address decisions 
found in the Arkansas River Travel Management Plan (ARTMP). Travel 
management actions and changes to the off-highway vehicle (OHV) 
designations were detailed and analyzed in an Environmental Assessment 
(EA). The Royal Gorge Field Office (RGFO) signed a Finding of No 
Significant Impact (FONSI) on December 18, 2007. The BLM issued two 
Decision Records following the ARTMP EA: one on April 29, 2008, to 
amend OHV designations identified in the EA, and a second on May 21, 
2008, to implement the travel management actions identified in the EA. 
The rules were published in the Federal Register as a proposal on July 
23, 2010 and public comment was solicited. The Decision Records 
included revising travel regulations for the area including bicycle 
use, identifying shooting restrictions, and limiting an area to a 
certain vehicle type. These travel regulations are designed to provide 
for public health and safety and to protect natural resources within 
the ARTMA.

DATES: Effective Date: These supplementary rules are effective March 
15, 2013.

ADDRESSES: You may send inquiries by mail to the BLM Royal Gorge Field 
Office, 3028 East Main Street, Ca[ntilde]on City, Colorado 81212; or by 
email to [email protected] and include ``Final Supplementary 
Rules'' in the subject line.

FOR FURTHER INFORMATION CONTACT: Keith Berger, Field Manager, BLM Royal 
Gorge Field Office, at the address listed above, or by phone at 719-
269-8500. 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 of Public Comments and Final Supplementary Rules
III. Procedural Matters
IV. Final Supplementary Rules

I. Background

    The ARTMA covers approximately 240,555 acres of public land within 
Chaffee, Custer, and Fremont Counties, Colorado, in the following 
townships:

New Mexico Principal Meridian

Tps. 49 to 51 N., R. 8 E.
Tps. 48 to 50 N., R. 9 E.
Tps. 47 to 49 N., R. 10 E.
Tps. 47 to 49 N., R. 11 E.
Tps. 47 to 49 N., R. 12 E.

Sixth Principal Meridian

Tps. 18 to 19 S., R. 70 W.
Tps. 18 to 22 S., R. 71 W.
Tps. 17 to 22 S., R. 72 W.

[[Page 10204]]

Tps. 17 to 22 S., R. 73 W.

    The ARTMA includes the Methodist Mountain Area south of Salida, 
Colorado (2,314 acres), located in T. 49 N., R. 9 E., secs. 7 to 10, 
inclusive, secs. 15 to 18, inclusive, and T. 49 N., R. 8 E., secs. 12 
and 13. The Turkey Rock Area near Howard, Colorado (361 acres), is 
located in T. 48 N., R., 10 E., secs. 1 and 2, and the Turkey Rock 
Trials Area (52 acres) is located in T. 48 N., R. 10 E., secs. 1 and 2, 
within the Turkey Rock Area. Part of the ARTMA lies within the Arkansas 
River Special Recreation Management Area.
    Travel management actions and changes to the OHV designations for 
the ARTMA were analyzed in the ARTMP EA and documented in the two 2008 
Decision Records including the one that amended the Royal Gorge 
Resource Management Plan. Proposed Supplementary Rules were developed 
to enforce the decisions made in these documents. The proposed 
supplementary rules were published in the Federal Register (75 FR 
43200) on July 23, 2010, and the public comment period ended September 
21, 2010. The final supplementary rules are consistent with decisions 
found in the ARTMP and the BLM's National Management Strategy for 
Motorized Off-Highway Vehicle Use on Public Lands (2001).

II. Discussion of Public Comments and Final Supplementary Rules

    The BLM received three comment letters during the 60-day public 
comment period. In response to these comments, the BLM has:
     Revised proposed rule number 1 to clarify that all 
motorized travel is limited to designated roads and trails, and for 
purposes of parking and camping travel is allowed up to 100 feet from 
the centerline of a road or trail only if this travel does not cause or 
is unlikely to cause significant undue damage to or disturbances of the 
soil, wildlife, wildlife habitat, improvements, cultural, or vegetative 
resources or other other uses of the public lands;
     Clarified allowable uses under proposed rule number 4 for 
the Turkey Rock Trials Area; and
     Added a fifth rule to reflect an ARTMP decision regarding 
day use in the Turkey Rock Trials Area.
    In addition, the BLM has changed the heading ``Exceptions'' to 
``Exemptions,'' added the Taylor Grazing Act to the penalties 
provision, and reworded several of the proposed supplementary rules to 
reflect the third-person style.
    One commenter expressed concern about proposed supplementary rule 
number 2. However, the commenter did not oppose this rule or any of the 
other proposed supplementary rules since there is a good working 
relationship between the BLM Royal Gorge Field Office and the local 
mountain bike community. Proposed supplementary rule number 2, which 
restricts mountain bicycle travel to designated routes that are 
identified as available for this use, was analyzed in the 2008 ARTMP 
EA. This supplementary rule is essential to enforce the decision found 
in the ARTMP and Decision Record that was made to protect resources.
    A second commenter suggested that a recreational target shooting 
closure in the Cotopaxi, Colorado, area should be added to the proposed 
supplementary rules. The area identified by the commenter was not 
addressed in the ARTMP, and therefore no supplementary rules were 
proposed or studied for this area. The proposed supplementary rules 
were not revised in response to this comment because the suggested 
closure cannot occur without revising the ARTMP.
    A third commenter identified several issues of concern. The 
commenter suggested that proposed supplementary rule number 1 be 
clarified in order to carry out the intent of the Decision Record. The 
commenter thought that the intent of the Decision Record was to 
prohibit all motor vehicle travel more than 100 feet in any direction 
off a designated route and that as written, this restriction would not 
carry out the BLM's intent of allowing vehicle travel within the 100-
foot corridor for the purpose of parking. As proposed, rule number 1 
stated, ``You must not operate a motor vehicle more than 100 feet in 
any direction off a designated road in the Arkansas River Travel 
Management Plan (TMP) area.'' In response to this comment, proposed 
supplementary rule number 1 has been revised as follows: ``All 
motorized travel is limited to designated roads and trails. For the 
purposes of parking, including camping, travel is allowed up to 100 
feet from the centerline of a designated road or trail only if this 
travel does not cause or is unlikely to cause significant undue damage 
to or disturbances of the soil, wildlife, wildlife habitat, 
improvements, cultural, or vegetative resources or other other uses of 
the public lands.''
    The commenter also asked that proposed rule number 2 be revised to 
prohibit the possession of a mountain bike off of designated trails. As 
proposed, rule number 2 stated, ``You must not ride mountain bicycles 
other than on roads and trails designated open to mountain bicycles by 
a Bureau of Land Management (BLM) sign or map in the Arkansas River TMP 
area.'' The prohibition recommended by the commenter does not follow 
the language set forth in the ARTMP and Decision Record for limiting 
travel using bicycles to designated roads and trails; therefore, the 
BLM has not revised the proposed rule in response to this comment.
    The commenter also expressed concern with proposed rule number 4, 
which provided as follows: ``You may not operate a motorized vehicle 
within the area known as Turkey Rock Trials Area (52 acres) unless it 
is a motorcycle specifically designed for observed trials riding, 
including rear wheel drive and universal trial tires with a width that 
does not exceed a 4.00 inch cross-section.'' The commenter stated that 
``observed trials riding'' should be better defined to clarify the 
allowable use. The BLM agrees with the comment that ``observed trials 
riding'' must be carefully defined; however, there is concern that by 
further defining the type of equipment, any changes in the observed 
trials industry could make the rule obsolete. As a result, the proposed 
rule was changed to eliminate equipment details and simplify the phrase 
as ``motorcycle specifically designed for observed trials riding.'' 
This change will rule out non-trials type motorcycles and should also 
capture any changes in the motorcycle trials industry.
    Finally, the commenter noted that the ARTMP identified the Turkey 
Rock Area as day-use only and asked the BLM to establish a 
supplementary rule to reflect that status. The ARTMP limits trials bike 
use at the Turkey Rock Trials Area to ``day use'' only. The original 
proposal unintentionally omitted this detail but it was identified as a 
management action in the Decision Record so the BLM has added a 
supplementary rule that provides that motorcycles specifically designed 
for observed trials riding are prohibited within the Turkey Rock Trials 
Area after sunset and before sunrise. However, the new supplementary 
rule does not close the area to all night uses. Camping and hiking will 
still be permitted at night in the Turkey Rock Trials Area.

III. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    The final supplementary rules are not 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,

[[Page 10205]]

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. The final supplementary rules merely establish rules of 
conduct for public use of a limited area of public lands.

National Environmental Policy Act (NEPA)

    A `Notice of Intent to Prepare the Arkansas River TMP and Amend the 
Royal Gorge Resource Management Plan' was published in the Federal 
Register on June 9, 2003 (68 FR 34417). In compliance with NEPA, 
Environmental Assessment CO-200-2006-0086EA fully analyzed the 
environmental effects of the motorized and non-motorized travel 
restrictions, and the restrictions on recreational target shooting that 
are addressed in these final supplementary rules. A 45-day public 
comment period on the EA began on June 19, 2007. Following analysis of 
the public comments, the BLM signed a FONSI on December 18, 2007, and 
issued two Decision Records on the ARTMP: one on April 29, 2008, and 
the other on May 21, 2008. The Decision Records approved management 
actions that are addressed in the supplementary rules included in this 
notice. The final supplementary rules will allow the BLM to enforce 
decisions developed to protect public health, safety, and the public 
lands located within the ARTMA. The final supplementary rules do not 
change or alter any of the NEPA analysis completed in the EA or any of 
the Decision Records. In compliance with the NEPA, the BLM reviewed in 
the EA the actions the final supplementary rules will enforce, and 
concluded that these actions do not constitute major Federal actions 
under 42 U.S.C. 4332(2)(C), Section 102(2)(C), so the RGFO was able to 
reach a FONSI. The BLM placed the EA and FONSI on file in the BLM 
Administrative Record at the RGFO.

Regulatory Flexibility Act

    Congress enacted the Regulatory Flexibility Act of 1980 (RFA), 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 
these supplementary rules would 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). 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 final supplementary rules will 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 will they have a 
significant or unique effect on small governments. The final 
supplementary rules will have no effect on governmental or tribal 
entities and will impose no requirements on any of these entities. The 
final 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 final supplementary rules are not government action capable of 
interfering with constitutionally protected property rights. Therefore, 
the BLM has determined that the final supplementary rules 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 will 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 
supplementary 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 these 
final supplementary 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 determined 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

    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. Moreover, any information collection that may result from Federal 
criminal investigations or prosecutions conducted under these 
supplementary rules is exempt under the provisions of 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 determined that these final 
supplementary rules are not a significant energy action, and that they 
will not have an adverse effect on energy supplies, distribution, or 
use.

IV. Final Supplementary Rules

Author

    The principal author of these supplementary rules is Leah 
Quesenberry, Associate District Manager, BLM Colorado Front Range 
District.
    For the reasons stated in the preamble, and under the authority of 
the Federal Land Policy and Management Act, 43 U.S.C. 1733 and 1740, 
the Taylor Grazing Act, 43 U.S.C. 315a,, and 43 CFR 8365.1-6, the BLM 
Colorado State Director establishes the following final supplementary 
rules for public lands within the ARTMA, Colorado, to read as follows:

[[Page 10206]]

Final Supplementary Rules for the Arkansas River Travel Management 
Area, Bureau of Land Management, Royal Gorge Field Office, Colorado

    1. All motorized travel is limited to designated roads and trails. 
For the purposes of parking, including camping, travel is allowed up to 
100 feet from the centerline of a designated road or trail only if this 
travel does not cause or is unlikely to cause significant undue damage 
to or disturbances of the soil, wildlife, wildlife habitat, 
improvements, cultural, or vegetative resources or other uses of the 
public lands.
    2. Bicycle riding is limited to designated roads and trails marked 
open to such use by a Bureau of Land Management (BLM) sign or map.
    3. Recreational target shooting is prohibited on all public lands 
within the Methodist Mountain Area south of Salida (2,314 acres) and 
the Turkey Rock area near Howard (361 acres). These areas are 
identified as closed to recreational target shooting by either a BLM 
sign or map.
    4. Operation of a motorized vehicle within the area known as Turkey 
Rock Trials Area (52 acres) is limited to motorcycles specifically 
designed for observed trials riding.
    5. Motorcycles specifically designed for observed trials riding are 
prohibited within the Turkey Rock Trials Area after sunset or before 
sunrise.

Exemptions

    The following persons are exempt from these supplementary rules: 
any Federal, state, local, and/or military employee acting within the 
scope of their official duties; members of any organized rescue or fire 
fighting force performing an official duty; or persons who are 
expressly authorized or approved by the BLM.
    The prohibition of target shooting in Rule 3 has no effect on 
hunting by licensed hunters in legitimate pursuit of game during the 
proper season with appropriate firearms, as defined by the Colorado 
Parks and Wildlife.

Penalties

    Under the Taylor Grazing Act, 43 U.S.C. 315a, any willful violation 
of these supplementary rules on public lands within a grazing district 
of the ARTMA is punishable by a fine of not more than $500. Under 
Section 303(a) of the Federal Land Policy and Management Act, 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 
ARTMA 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 Hankins,
Bureau of Land Management, State Director, Colorado State Office.
[FR Doc. 2013-03299 Filed 2-12-13; 8:45 am]
BILLING CODE 4310-JB-P