[Federal Register Volume 78, Number 89 (Wednesday, May 8, 2013)]
[Notices]
[Pages 26804-26807]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-10896]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLCOS0600-L12200000-DU0000]


Notice of Proposed Supplementary Rules for Travel Management on 
Public Lands in Gunnison, Montrose, Hinsdale, and Saguache Counties, 
CO.

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of Proposed Supplementary Rules.

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SUMMARY: The Bureau of Land Management (BLM) Colorado is proposing 
supplementary rules for public lands included in the Gunnison Basin 
Federal Lands Travel Management Plan (TMP), approved on June 28, 2010. 
These proposed supplementary rules would apply to public lands 
administered by the BLM, Gunnison Field Office in Gunnison, Montrose, 
Hinsdale, and Saguache counties, Colorado. The proposed rules would 
implement decisions found in the TMP relating to the use of motorized 
and non-motorized vehicles.

DATES: You should submit your comments by July 8, 2013.

ADDRESSES: You may submit comments by the following methods: Mail or 
hand deliver to Kristi Murphy, Outdoor Recreation Planner, BLM Gunnison 
Field Office, 650 S. 11th Street, Gunnison, CO 81230. You may also 
submit comments via email to [email protected] (include ``Proposed 
Supplementary Rules'' in the subject line).

FOR FURTHER INFORMATION CONTACT: Kristi Murphy, Outdoor Recreation 
Planner, at BLM Gunnison Field Office, 650 S. 11th Street, Gunnison, 
Colorado 81230, or by phone at 970-642-4955. Persons who use a 
telecommunications device for the deaf (TDD) may call the Federal 
Information Relay Service (FIRS) at 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: 

[[Page 26805]]

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 proposed supplementary rules that the comment is addressing. The 
BLM is not obligated to consider or include in the Administrative 
Record for the final supplementary rules comments 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 the 
address listed above, during regular business hours (7:30 a.m. to 4:30 
p.m., Monday through Friday, except on Federal holidays). Before 
including your address, phone number, email 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

    Before 2010, the BLM Gunnison Field Office used the BLM's 1980 
Transportation Plan and the 2001 Gunnison Interim Travel Plan issued by 
the BLM and the U.S. Forest Service to manage travel on BLM-managed 
lands. As called for in the 2001 Travel Plan, the BLM and the Forest 
Service embarked on a planning process to develop a more definitive and 
comprehensive system of routes across Federal lands in the Gunnison 
Basin. The two agencies jointly published in the Federal Register a 
Notice of Intent to Prepare an Environmental Impact Statement at 72 FR 
24267 (May 2, 2007). They subsequently published the Gunnison Basin 
Federal Lands Travel Management Plan (TMP) Environmental Impact 
Statement (EIS) (CO-160-2008-025-EIS). Following analysis of the public 
comments, the BLM issued a decision record on June 28, 2010. The TMP 
replaces the 1980 Transportation Plan and the 2001 Interim Travel Plan. 
These proposed supplementary rules would enable the BLM to implement 
several key decisions contained in the TMP to protect natural resources 
and provide for public health and safety. No other existing rules would 
be affected by these proposed supplementary rules.

III. Discussion of Proposed Supplementary Rules

    These proposed supplementary rules apply to public lands 
administered by the BLM Gunnison Field Office. The TMP area consists of 
approximately 585,012 acres of public lands within Gunnison, Montrose, 
Hinsdale and Saguache counties, Colorado, in the following described 
townships:

Sixth Principal Meridian

    Tps. 11 S., Rs. 83 and 84 W., unsurveyed.
    Tps. 11 S., Rs. 86 and 87 W., partly unsurveyed.
    Tps. 12 S., Rs. 82 to 87 W., partly unsurveyed.
    Tps. 13 S., Rs. 80 to 87 W., partly unsurveyed.
    Tps. 14 S., Rs. 80 to 88 W., partly unsurveyed.
    Tps. 15 S., Rs. 81 to 88 W., partly unsurveyed.

New Mexico Principal Meridian

    Tps. 43 N., Rs. 1 and 2 E., partly unsurveyed.
    Tps. 44 N., Rs. 1, 2, and 3 E., partly unsurveyed.
    Tps. 45 N., Rs. 1, 2, and 3 E., partly unsurveyed.
    Tps. 46 N., Rs. 1 to 4 E., partly unsurveyed.
    Tps. 47 N., Rs. 1 to 7 E., partly unsurveyed.
    Tps. 48 N., Rs. 1 to 7 E.
    Tps. 49 N., Rs. 1 to 6 E.
    Tps. 50 N., Rs. 1 to 6 E.
    Tps. 51 N., Rs. 1 to 5 E.
    Tps. 41 N., Rs. 5 and 6 W., unsurveyed.
    Tps. 42 N, Rs. 3 to 6 W., partly unsurveyed.
    Tps. 43 N., Rs. 1 to 7 W., partly unsurveyed.
    Tps. 44 N., Rs. 1 to 6 W., partly unsurveyed.
    Tps. 45 N., Rs. 1 to 6 W., partly unsurveyed.
    Tps. 46 N., Rs. 1 to 6 W., partly unsurveyed.
    Tps. 47 N., Rs. 1 to 6 W.
    Tps. 48 N., Rs. 1 to 6 W.
    Tps. 49 N., Rs. 1 to 6 W.
    Tps. 50 N., Rs. 1 to 4 W.
    Tps. 51 N., Rs. 1 to 4 W.

    The proposed supplementary rules are consistent with the decision 
record for the TMP, approved on June 28, 2010. The TMP includes 
specific management actions that restrict certain activities and define 
allowable uses. These proposed supplementary rules would apply only to 
public lands administered by the BLM Gunnison Field Office. The 
proposed supplementary rules would restrict the possession and use of 
mechanized and motorized vehicles to designated travel routes which 
were defined in the TMP. The proposed rules would provide two 
exemptions from the restrictions. One exemption would allow big game 
hunters to use game carts--which are considered mechanized vehicles--
off of designated travel routes to retrieve large game animals outside 
of designated wilderness and wilderness study areas. Game carts would 
continue to be excluded from designated wilderness and wilderness study 
areas. The second exemption would allow vehicles to pull off of 
designated travel routes up to 30 feet from the edge of a roadway and 
to travel within 300 feet of a designated travel route on existing 
routes to accommodate parking, dispersed camping, and general 
recreation.
    The proposed supplementary rules would also restrict the possession 
and use of motorized vehicles in priority sage-grouse habitat from 
March 15 to May 15. Restrictions on general travel and off-highway 
vehicle use are intended to enhance public safety, protect natural and 
cultural resources, eliminate motorized and non-motorized impacts on 
sensitive species habitat, and reduce conflicts among public land 
users.

IV. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    These proposed supplementary rules are not a significant regulatory 
action and are not subject to review by Office of Management and Budget 
under Executive Order 12866. These proposed supplementary rules would 
not have an effect of $100 million or more on the economy. These 
proposed supplementary rules 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 proposed supplementary rules would not create a 
serious inconsistency or otherwise interfere with an action taken or 
planned by another agency. These proposed 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 novel legal or policy issues. These 
proposed supplementary rules would not affect legal commercial 
activity, but merely impose limitations on certain recreational 
activities on certain public lands to protect natural resources and 
human health and safety.

[[Page 26806]]

Clarity of the Supplementary Rules

    Executive Order 12866 requires each agency to write regulations 
that are simple and easy to understand. In addition to written comments 
requested on substantive issues pertinent to the proposed supplementary 
rules, the BLM invites 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 proposed supplementary rules 
clearly stated?
    (2) Do the proposed supplementary rules contain technical language 
or jargon that interferes with their clarity?
    (3) Does the format of the proposed supplementary rules (grouping 
and order of sections, use of headings, paragraphing, etc.) aid or 
reduce its clarity?
    (4) Would the proposed supplementary rules be easier to understand 
if they were divided into more (but shorter) sections?
    (5) Is the description of the proposed supplementary rules in the 
``Discussion of Proposed Supplementary Rules'' section of this preamble 
helpful in understanding these proposed supplementary rules? How could 
this description be more helpful in making the proposed supplementary 
rules easier to understand?
    Please send any comments you have on the clarity of the proposed 
supplementary rules to the address specified in the ADDRESSES section.

National Environmental Policy Act

    These proposed supplementary rules implement key decisions in the 
TMP. During the National Environmental Policy Act (NEPA) review for the 
TMP, the BLM fully analyzed the substance of these proposed 
supplementary rules in Environmental Impact Statement (EIS) (CO-160-
2008-025-EIS). The BLM signed the Decision Record for the EIS on June 
28, 2010. The BLM will place the TMP EIS, Decision Record and an 
appropriate Determination of NEPA Adequacy (DNA) on file in the BLM 
Administrative Record at the address specified in the ADDRESSES 
section.

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 proposed supplementary 
rules would have no effect on business entities of any size. These 
proposed supplementary rules would merely impose reasonable 
restrictions on certain recreational activities on certain public lands 
to protect natural resources and the environment and human health and 
safety. Therefore, the BLM has determined under the RFA that these 
proposed supplementary rules would not have a significant economic 
impact on a substantial number of small entities.

Small Business Regulatory Enforcement Fairness Act

    These proposed supplementary rules are not a ``major rule'' as 
defined at 5 U.S.C. 804(2). These proposed supplementary rules would 
merely impose reasonable restrictions on certain recreational 
activities on certain public lands to protect natural resources and the 
environment and human health and safety. These proposed supplementary 
rules would not:
    (1) Have an annual effect on the economy of $100 million or more;
    (2) Cause a major increase in costs or prices for consumers, 
individual industries, Federal, state, or local agencies, or geographic 
regions; or
    (3) Have significant adverse effects on competition, employment, 
investment, productivity, innovation, or on the ability of United 
States-based enterprises to compete with foreign-based enterprises in 
domestic and export markets.

Unfunded Mandates Reform Act

    These proposed supplementary rules would not impose an unfunded 
mandate on state, local, or tribal governments, or the private sector 
of more than $100 million per year; nor would these proposed 
supplementary rules have a significant or unique effect on state, 
local, or tribal governments or the private sector. The proposed 
supplementary rules would merely impose reasonable restrictions on 
certain recreational activities on certain public lands to protect 
natural resources and the environment and human health and safety. 
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 proposed supplementary rules do not constitute a Government 
action capable of interfering with constitutionally protected property 
rights. The proposed supplementary rules would not address property 
rights in any form, and would not cause the impairment of 
constitutionally protected property rights. Therefore, the BLM has 
determined that these 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 
these proposed 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 Colorado State Director has 
determined that these 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 the Order.

Executive Order 13175, Consultation and Coordination With Indian Tribal 
Governments

    In accordance with Executive Order 13175, the BLM has found that 
these proposed rules do not include policies that have tribal 
implications, and would have no bearing on trust lands or on lands for 
which title is held in fee status by Indian tribes or U.S. Government-
owned lands managed by the Bureau of Indian Affairs.

Information Quality Act

    In developing these proposed supplementary rules, the BLM did not 
conduct or use a study, experiment or survey requiring peer review 
under the Information Quality Act (Section 515 of Pub. L. 106-554).

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

    These proposed supplementary rules do not comprise a significant 
energy action. These proposed supplementary rules would not have an 
adverse effect on energy supply, production, or

[[Page 26807]]

consumption and have no connection with energy policy.

Executive Order 13352, Facilitation of Cooperative Conservation

    In accordance with Executive Order 13352, the BLM has determined 
that the proposed supplementary rules would not impede facilitating 
cooperative conservation; would take appropriate account of and 
consider the interests of persons with ownership or other legally 
recognized interests in land or other natural resources; would properly 
accommodate local participation in the Federal decision-making process; 
and would provide that the programs, projects, and activities are 
consistent with protecting public health and safety.

Paperwork Reduction Act

    These proposed supplementary rules do not contain information 
collection requirements that the Office of Management and Budget must 
approve under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3521.

Author

    The principal author of these proposed supplementary rules is 
Kristi Murphy, Outdoor Recreation Planner, BLM, Gunnison Field Office.

V. Proposed Rules

    For the reasons stated in the Preamble, and under the authority of 
43 U.S.C. 315a, 1733(a), and 1740, and 43 CFR 8365.1-6, the State 
Director proposes supplementary rules for public lands within the 
Gunnison Field Office, Colorado, to read as follows:

Supplementary Rules for the Gunnison Basin Travel Management Plan Area

Definitions

    Camping means erecting a tent or a shelter of natural or synthetic 
materials, preparing a sleeping bag or other bedding material for use, 
or parking a motor vehicle, motor home, or trailer for the purpose or 
apparent purpose of overnight occupancy.
    Designated travel routes means roads and trails open to specified 
modes of travel and identified on a map of designated roads and trails 
that is maintained and available for public inspection at the Bureau of 
Land Management (BLM) Gunnison Field Office, Colorado. Designated roads 
and trails are open to public use in accordance with such limits and 
restrictions as are, or may be, specified in the resource management 
plan (RMP) or travel management plan (TMP), or in future decisions 
implementing the RMP. This definition excludes any road or trail with 
BLM-authorized restrictions that prevent use of the road or trail. 
Restrictions may include signs or physical barriers such as gates, 
fences, posts, branches, or rocks.
    Existing travel routes means immediately recognizable motor vehicle 
travel routes or two-track trails that are not identified as closed to 
motorized vehicle use by a BLM sign or map.
    Public land means any land or interest in land owned by the United 
States and administered by the Secretary of the Interior through the 
BLM without regard to how the United States acquired ownership.
    Mechanized vehicle means a human-powered mechanical device, such as 
a bicycle; not powered by a motor.
    Motorized vehicle means a vehicle that is propelled by a motor or 
engine, such as a car, truck, off-highway vehicle, motorcycle, or 
snowmobile.

Prohibited Acts

    1. Except as provided by Rule 2 below, you must not operate or 
possess a motorized or mechanized vehicle in an area designated as 
closed to such use by a BLM sign or map.
    2. You must not operate or possess a mechanized or motorized 
vehicle except in areas designated or routes identified for such use by 
a BLM sign or map, unless:
     You are using a mechanized game cart for the purpose of 
retrieving a large game animal outside of Congressionally designated 
wilderness areas or wilderness study areas; or
     You are using a motorized vehicle for the purpose of 
parking or camping within 30 feet of the edge of a designated travel 
route or on existing travel routes within 300 feet of a designated 
travel route.
    3. You must not operate or possess a motorized vehicle from March 
15 to May 15 in specific areas of priority sage-grouse habitat as 
designated by a BLM sign or map, except to access private inholdings 
with proper authorization.

Exceptions

    These supplementary rules do not apply to emergency, law 
enforcement, and Federal or other government vehicles while being used 
for official or other emergency purposes, or to any other vehicle use 
that is expressly authorized or otherwise officially approved by the 
BLM.

Penalties

    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 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. Such violations may also be subject to 
the enhanced fines provided for by 18 U.S.C. 3571.

Helen M. Hankins,
Bureau of Land Management, Colorado State Director.
[FR Doc. 2013-10896 Filed 5-7-13; 8:45 am]
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