[Federal Register Volume 79, Number 210 (Thursday, October 30, 2014)]
[Notices]
[Pages 64652-64655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-25697]
[[Page 64651]]
Vol. 79
Thursday,
No. 210
October 30, 2014
Part II
Department of the Interior
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Bureau of Land Management
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Proposed Supplementary Rules for Public Lands in Palm Beach County, FL
Federal Register / Vol. 79 , No. 210 / Thursday, October 30, 2014 /
Notices
[[Page 64652]]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLES002330.L17110000.PC0000 14X]
Proposed Supplementary Rules for Public Lands in Palm Beach
County, FL
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice.
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SUMMARY: The Bureau of Land Management (BLM) is proposing supplementary
rules for all BLM-administered lands within the Jupiter Inlet
Lighthouse Outstanding Natural Area (JILONA), Palm Beach County,
Florida. These rules would regulate public use and recreation at the
site and aid in enforcement of the decisions in the JILONA
Comprehensive Management Plan completed September 15, 2010.
DATES: Interested parties may submit written comments regarding the
proposed supplementary rules until December 29, 2014.
ADDRESSES: You may submit comments related to the JILONA supplementary
rules by either of the following methods:
Email: [email protected].
Mail: Peter De Witt, JILONA Manager, 120 U.S. 1 North,
Suite 100, Tequesta, FL 33469.
FOR FURTHER INFORMATION CONTACT: Peter De Witt, JILONA Manager,
telephone 561-746-7680; address 120 U.S. 1 North, Suite 100, Tequesta,
FL 33469; email [email protected]. 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 Mr. De Witt during normal
business hours. The service is available 24 hours a day, 7 days a week,
to leave a message or question for Mr. De Witt. You will receive a
reply during normal business hours.
SUPPLEMENTARY INFORMATION:
I. Public Comment Procedures
II. Background
III. Discussion of Proposed Supplementary Rules
IV. Procedural Matters
I. Public Comment Procedures
You may mail or email comments to Peter De Witt at the addresses
listed above (see ADDRESSES). Written comments on the proposed
supplementary rules should be specific and confined to issues pertinent
to the proposed 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 final supplementary rules, comments
delivered to an address other than that listed above (see ADDRESSES) or
comments that the BLM receives after the close of the comment period
(see DATES), unless they are postmarked or electronically dated on or
before the deadline.
Comments, including names, street addresses, and other contact
information for respondents, may be available for public review at the
location listed in ADDRESSES during regular business hours (8 a.m. to 4
p.m., Monday through Friday, except 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
The Jupiter Inlet Lighthouse Outstanding Natural Area Comprehensive
Management Plan, published in 2010, covers approximately 120 acres of
lands, a portion of which (approximately 86 acres) are public lands
administered by the BLM Southeastern States Field Office. The plan
identifies the implementation of an array of management actions
designed to protect, conserve, and enhance natural and cultural
resource values--including historic and archaeological resource
values--while providing for appropriate recreational opportunities in
the area.
The Comprehensive Management Plan public process was conducted over
a 2-year period and used a variety of methods of public engagement
strategies, from press releases and mailings, to multiple public
meetings in the communities surrounding JILONA. The public process
included public information, scoping, and formal comments on the
proposed plan.
The supplementary rules resulting from the management decisions
within the Comprehensive Management Plan will help the BLM achieve
management objectives and implement the Plan's decisions. Furthermore,
the rules will allow the BLM to increase law enforcement efforts that
will help mitigate damage to natural resources and provide for public
health and safe public recreation.
The rules would apply to approximately 86 acres of public lands
within the JILONA, Palm Beach County, Florida. The legal description of
the affected public lands is Tallahassee Meridian T40S, R43E, Section
31, Lots 15, 17, and 19.
III. Discussion of Proposed Supplementary Rules
These supplementary rules were identified in and are consistent
with the decision record for the JILONA Comprehensive Management Plan,
which was approved on September 15, 2010. The Comprehensive Management
Plan includes specific management actions that restrict certain
activities and define allowable uses, and provides for the adoption of
Palm Beach County's Natural Areas Ordinance No. 94-13 as supplementary
rules for Lots 15, 17, and 19 to address immediate concerns with public
access and use in these areas.
The proposed supplementary rules are needed to govern visitation,
use, and public access of the natural areas within the JILONA for the
protection of natural, historic, and cultural resources, and to address
public safety concerns. In addition, they would assist the BLM's law
enforcement at the site, and enhance consistency with the Palm Beach
County Natural Areas Ordinance, which is currently enforced throughout
the natural area portions of JILONA by Palm Beach County and the
municipal jurisdiction of the Town of Jupiter and Village of Tequesta.
The proposed rules prohibiting certain activities affecting plants
and animals (Rules 1(a) through (c)) would protect and preserve those
organisms. The proposed prohibition against excavation and other soil-
disturbing activities (Rule 1(d)) would protect the structure of
habitats and reduce the risk of disturbing buried cultural artifacts.
Prohibitions against starting fires and disposing of flammable
materials (Rules 2(a) and (b)) are proposed in order to protect
historical and archaeological resources from damage, and to reduce the
risk of unauthorized fires. Proposed Rules 3(a) and 3(b) would restrict
the use of watercraft to protect natural and cultural resources in
various locations within the JILONA and would prevent damage to
vegetation, wildlife, and shoreline. The prohibitions listed in Rule
4(a) through (i) would assist in the protection of public safety and
would enhance recreation for the general public.
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Rules 5(a) through (d) would list the following activities
requiring prior authorization:
(a) Camping;
(b) Equestrian activities;
(c) Collection of plant and animal specimens or use of watercraft
in wetlands for scientific research; and
(d) Occupation of the area after hours and at night, defined as the
period between sunset and sunrise.
These requirements would assist in sound management of the public
lands.
Rules 6(a) through 6(d) would restrict vehicle use and parking to
prevent soil compaction and other damage to natural resources and to
discourage overnight camping in violation of these proposed
supplementary rules.
IV. Procedural Matters
Executive Orders 12866 and 13563, Regulatory Planning and Review
These proposed supplementary rules are not a significant regulatory
action and are not subject to review by the Office of Management and
Budget under Executive Order 12866 or Executive Orders 13563. These
proposed supplementary rules would not have an annual effect of $100
million or more on the economy or 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 would 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. They merely
would impose limitations on certain recreational activities on certain
public lands in Florida in order to protect natural resources and human
health and safety.
Clarity of the Supplementary Rules
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 proposed supplementary rules easier to understand,
including answers to questions such as the following:
(a) Are the requirements in the proposed supplementary rules
clearly stated?
(b) Do the proposed supplementary rules contain technical language
or jargon that interferes with their clarity?
(c) Does the format of the proposed supplementary rules (grouping
and order of sections, use of headings, paragraphing, etc.) aid or
reduce their clarity?
(d) Would the proposed supplementary rules be easier to understand
if they were divided into more (but shorter) sections?
(e) Is the description of the proposed supplementary rules in the
SUPPLEMENTARY INFORMATION section of this preamble helpful to your
understanding of the 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 (NEPA)
These proposed supplementary rules would implement key decisions in
the JILONA Comprehensive Management Plan. During the National
Environmental Policy Act (NEPA) review for the Comprehensive Management
Plan, the BLM fully analyzed the substance of these proposed
supplementary rules in Environmental Assessment (EA) 2010-128-JFO. This
analysis found that the management direction implementing the plan
decisions will 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 BLM signed the Decision Record for
the EA on September 15, 2010. The BLM holds the Comprehensive
Management Plan, EA, and Decision Record on file and for public review
in the BLM administrative record at the address specified in the
ADDRESSES section. The document is also available online at http://on.doi.gov/15m0x12.
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. The proposed supplementary rules
do not pertain specifically to commercial or governmental entities of
any size, but to public recreational use of specific lands. 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 do not constitute a ``major
rule'' as defined at 5 U.S.C. 804(2). These proposed supplementary
rules generally set forth rules of conduct for recreational use of
public lands. The proposed supplementary rules would not have an effect
that rises to any of the following thresholds specified in 5 U.S.C.
804(2):
(a) An annual effect on the economy of $100 million or more;
(b) A major increase in costs or prices for consumers, individual
industries, Federal, State, or local government agencies, or geographic
regions; or
(c) 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, 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 proposed
supplementary rules do not require anything of State, local, or tribal
governments. 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 are not 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 anybody's property
rights. Therefore, the Department of the Interior 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
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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, 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 has determined that these
proposed supplementary rules would not unduly burden the judicial
system and that the requirements of Sections 3(a) and 3(b)(2) of the
Executive Order are met. The proposed supplementary rules include rules
of conduct and prohibited acts that are straightforward and clearly
written.
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 on U.S.
Government-owned lands managed by the Bureau of Indian Affairs.
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.
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). In
accordance with the Information Quality Act, the Department of the
Interior has issued guidance regarding the quality of information that
it relies upon for regulatory decisions. This guidance is available at
DOI's Web site at http://www.doi.gov/archive/ocio/iq.html.
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
These proposed supplementary rules are not a ``significant energy
action,'' as defined in Executive Order 13211. The rules are not likely
to have an adverse effect on energy supply, distribution, or use and
have no connection with energy policy.
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, 44 U.S.C. 3501 et seq.
Author
The principal author of these supplementary rules is Peter De Witt,
Program Manager, Southeastern States Field Office.
Proposed Supplementary Rules for Public Lands in Palm Beach County,
Florida
For the reasons stated in the preamble, and under the authority of
43 CFR 8365.1-6, the Eastern States Director proposes to establish the
following supplementary rules. These rules apply to approximately 86
acres of public lands within the JILONA, Palm Beach County, Florida,
Tallahassee Meridian T40S, R43E, Section 31, Lots 15, 17, and 19--to
read as follows:
Definitions
Parking area means a specially designed and publicly designated
area set aside for the standing or temporary stationing of vehicles.
Permit means a document provided by the BLM authorized officer or
his designee granting permission to conduct or take part in a specific
activity at a specific location and at a specific time.
Vehicle means any wheeled conveyance for transportation of persons
or materials whether:
1. Powered or drawn by motor, such as an automobile, truck,
motorcycle, scooter, or minibike;
2. Animal-drawn, such as a carriage, wagon, or cart; or
3. Self-propelled, such as a bicycle, skates, or skateboard.
Watercraft means any boat, kayak, canoe, raft, houseboat, barge,
vessel, ship, or any other floating device capable of transporting
humans or objects over water.
Prohibited Acts
1. Plant and Wildlife Protection and Preservation
(a) No person shall molest, harm, frighten, kill, trap, hunt,
chase, shoot, throw objects at, harass, feed, or otherwise inhibit the
natural movements and habits of any invertebrate, mammal, amphibian,
reptile, fish, or bird.
(b) No person shall remove or have in his or her possession the
young of any wild animal, or the eggs or nests of any amphibian,
reptile, fish, bird, or invertebrate.
(c) No person shall introduce, plant, or release any plant or
animal into any area.
(d) No person shall dig, move, or remove from any area any sand,
soil, rocks, stones, trees, shrubs, or plants, fallen timber, or other
wood or materials, or make any excavation by tool, equipment, blasting,
or other means.
2. Fires
(a) No person shall build or attempt to build, light, or cause to
be lighted any fire or fires unless given permission under a written
permit from the BLM authorized officer or his designee.
(b) No person shall drop, throw, or otherwise deposit lighted
matches, burning cigarettes or cigars, tobacco paper, or other
flammable materials within any area or on any county highway, road, or
street abutting or contiguous thereto.
3. Boating
(a) No person shall launch or operate any watercraft upon any
watercourse, lagoon, lake, canal, pond, marsh, wet prairie, or slough,
except at such places that are designated by the BLM for such use or as
authorized by the BLM.
(b) No person shall operate, moor, or anchor any watercraft in a
manner that results in damage or harm to the vegetation, wildlife, or
shoreline.
4. Prohibited Activities
(a) No person shall engage in fishing or the buying or selling of
fish.
(b) No person shall engage in hunting or trapping, or be in the
possession of any kind of trapping device. State licensed hunters and
trappers requested by the BLM authorized officer or his designee to
remove nuisance and exotic animals are exempt from this prohibition, as
are State licensed hunters authorized to reduce excessive populations
of animals causing environmental damage.
(c) No person shall use firearms or other weapons potentially
harmful to
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wildlife and dangerous to human safety, except authorized law
enforcement personnel and persons authorized by the BLM to remove
nuisance and exotic animals. This prohibition includes shooting into
the area from beyond its boundaries.
(d) No person shall engage in the sale, purchase, consumption, or
possession of alcoholic beverages as defined in section 561.01(4),
Florida Statutes.
(e) No person shall use, discharge or be in possession of
fireworks, explosives, or substances that could be combined into an
explosive mixture.
(f) No person shall bring domesticated animals (except horses) or
pets into the area.
(g) No person shall conduct vehicle repair within the area,
including its parking facilities.
(h) No person shall use an airboat.
(i) No person shall be in possession of or release inflated
balloons.
5. Activities Requiring Prior BLM Authorization
(a) No person shall camp within the area without prior BLM
authorization.
(b) No person shall engage in equestrian activities without prior
BLM authorization.
(c) No person shall collect plant and animal specimens or use
watercraft in wetlands for scientific research without prior BLM
authorization.
(d) No person shall occupy the area after hours or at night,
defined as the period between sunset and sunrise, without prior BLM
authorization.
6. Vehicles
(a) No person shall drive, operate, or propel any vehicle outside
the boundaries of designated paved or improved access roads or
driveways unless specifically authorized to do so by the BLM.
(b) No person shall park any vehicle at any place other than a
designated parking area without prior BLM authorization.
(c) No person shall park any vehicle in a manner that blocks or
impedes access to a parking area or access road.
(d) No vehicle shall be left in a parking area overnight without
prior authorization from the BLM.
Exemptions
The following persons are exempt from these supplementary rules:
Any Federal, State, local, and/or military employee acting within the
scope of their duties; members of any organized rescue or fire-fighting
force performing an official duty; and persons, agencies,
municipalities, or companies holding an existing special-use permit and
operating within the scope of their permit.
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
enhanced fines provided for by 18 U.S.C. 3571.
John F. Ruhs,
State Director, Eastern States Office.
[FR Doc. 2014-25697 Filed 10-29-14; 8:45 am]
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