[Federal Register Volume 79, Number 238 (Thursday, December 11, 2014)]
[Notices]
[Pages 73623-73625]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-29149]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[14XL1109AF.LLWYD04000.L12200000.MD0000]


Notice of Proposed Supplementary Rules for the Killpecker Sand 
Dunes Recreational Site, Wyoming

AGENCY: Bureau of Land Management, Interior.

ACTION: Proposed Supplementary Rules.

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SUMMARY: The Bureau of Land Management (BLM) is proposing supplementary 
rules for the Killpecker Sand Dunes Recreational Site located within 
the Greater Sand Dunes Area of Critical Environmental Concern (ACEC) 
Eastern Portion managed by the Rock Springs Field Office (RSFO) in Rock 
Springs, Wyoming. This action is necessary for the public health and 
safety of visitors in order to provide high quality and unique off-
highway vehicle (OHV) activities in the open play sand dunes area. The 
proposed supplementary rules are intended to allow the BLM to more 
effectively manage a safe environment for OHV recreation by providing 
better visual identification of OHVs, implementing a speed limit, and 
prohibiting the possession and use of glass containers in the OHV 
recreation area.

DATES: Interested parties may submit written comments regarding the 
proposed supplementary rules until February 9, 2015.

ADDRESSES: You may submit comments by any of the following methods:
    Email: [email protected] with ``Supplemental Rules'' 
in the subject line; Fax: (307) 352-0329; or Mail or Hand Delivery: BLM 
Rock Springs Field Office, Attn: Supplemental Rules, 280 Highway 191 
North, Rock Springs, WY 82901.

FOR FURTHER INFORMATION CONTACT: Georgia Foster, RSFO Outdoor 
Recreation Planner, (307) 352-0327. Persons who use a 
telecommunications device for the deaf may call the Federal Information 
Relay Service (FIRS) at 1-800-877-8339 to speak with Georgia Foster 
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. Public Comment Procedures

    Comments may be mailed, emailed, or hand-delivered to Georgia 
Foster at the addresses listed above (See ADDRESSES). Written comments 
on the proposed supplementary rules should be specific, 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 those 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 before 
the deadline.
    Comments, including names, street addresses, and other contact 
information for respondents, will be available for public review at the 
RSFO listed in ADDRESSES during regular business hours (8 a.m. to 4:30 
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 may 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

    Conditions of use for OHVs are defined under 43 CFR subpart 8341. 
Rules of conduct on public land are defined under 43 CFR subpart 8365. 
The BLM is proposing these supplementary rules in accordance with 43 
CFR 8365.1-6, which authorizes state directors to establish 
supplementary rules for the protection of persons, property, and public 
lands and resources.
    The Killpecker Sand Dunes Recreational Site is managed in 
accordance with the 2006 Record of Decision and Jack Morrow Hills 
Coordinated Activity Plan/Green River Resource Management Plan 
Amendment, which designates 10,020 acres as open to OHV travel on the 
active sand dunes. These proposed supplementary rules would implement 
key decisions in the March 12, 2013 Killpecker Sand Dunes Recreation 
Site Facility Improvement Environmental Assessment (WY040-EA13-098) 
Decision Record, which is in compliance with the 2006 Record of 
Decision.

III. Discussion of Proposed Supplementary Rules

    The proposed supplementary rules would apply to public lands 
administered by the BLM RSFO. The active sand dunes within the 
Killpecker Sand Dunes Recreational Site consist of approximately 10,500 
acres of public lands within Sweetwater County, Wyoming in the 
following described area:

Sixth Principal Meridian, Wyoming

T.23 N., R.103 W., sec.16, SE\1/4\SW\1/4\ and SW\1/4\.

    The proposed supplementary rules would provide for increased public 
safety while recreating at the Killpecker Sand Dunes Recreational Site. 
The rules would require safety flags on all vehicles in the OHV open 
area, prohibit speeds in excess of 15 miles per hour within 500 feet of 
access roads, and prohibit the use of glass containers within the OHV 
recreation area. These rules would allow for better visibility of OHVs, 
reduce traffic accidents along the access roads leading into the OHV 
area, and would help prevent injuries throughout the sand dunes.

[[Page 73624]]

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 the Office of Management and 
Budget under Executive Order 12866. They would not have an effect of 
$100 million or more on the economy and will not adversely affect, in a 
material way, productivity, competition, jobs, the environment, public 
health or safety, or state, local, or tribal governments or 
communities. They would not create a serious inconsistency or otherwise 
interfere with an action taken or planned by another agency. They would 
not alter the budgetary effects of entitlements, grants, user fees, or 
loan programs or the right or obligations of their recipients; nor do 
they raise novel legal or policy issues. They 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.

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: (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 their 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 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 
supplementary rules to the address specified in the ADDRESSES section.

National Environmental Policy Act

    The proposed supplementary rules would implement key decisions in 
the March 12, 2013 Killpecker Sand Dunes Recreation Site Facility 
Improvement Environmental Assessment (WY040-EA13-098) Decision Record. 
This decision record is in compliance with the actions identified for 
this area in the 2006 Record of Decision and Jack Morrow Hills 
Coordinated Activity Plan/Green River Resource Management Plan 
Amendment.

Regulatory Flexibility Act

    Congress enacted the Regulatory Flexibility Act of 1980, as 
amended, 5 U.S.C. 601-612, (RFA) to ensure that government regulations 
do not unnecessarily or disproportionately burden small entities. The 
RFA requires a regulatory flexibility analysis if rules 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 contain rules to protect the health and safety of 
individuals, property, and resources on the public 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 would merely impose reasonable restrictions on certain 
recreational activities on certain public lands to protect natural 
resources and human health and safety. The proposed supplementary rules 
have no effect on business, commercial, or industrial use of the public 
lands.

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 do 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 not require anything of state, local, or tribal governments. 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. 1501-1571).

Executive Order 12630, Governmental Actions and Interference With 
Constitutionally Protected Property Rights (Takings)

    The proposed supplementary rules do not constitute a government 
action capable of interfering with constitutionally protected property 
rights. The proposed supplementary rules do not address property rights 
in any form and do not cause the impairment of constitutionally 
protected property rights. Therefore, the BLM has determined that the 
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. The proposed 
supplementary rules would apply only in Wyoming and would not address 
jurisdictional issues involving the Wyoming State government. 
Therefore, in accordance with Executive Order 13132, the BLM has 
determined that these proposed supplementary rules would not have 
sufficient Federalism implications to warrant preparation of a 
Federalism Assessment.

Executive Order 12988, Civil Justice Reform

    Under Executive Order 12988, the BLM Wyoming 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 supplementary 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.

Executive Order 13352, Facilitation of Cooperative Conservation

    In accordance with Executive Order 13352, the BLM has determined 
that the

[[Page 73625]]

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).

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. The rules would not have an adverse effect on energy 
supply, production, or consumption 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 of 1995, 44 U.S.C. 3501-3521.

Proposed Supplementary Rules

Author

    The principal author of these supplementary rules is Georgia 
Foster, Outdoor Recreation Planner, BLM Wyoming, High Desert District, 
RSFO, Rock Springs, Wyoming.

Definitions

    Off Highway Vehicle (OHV) means any motorized vehicle capable of, 
or designed for, travel on or immediately over land, water, or other 
natural terrain.
    Vehicle means any motorized transportation conveyance designed and 
licensed for use on roadways, such as an automobile, bus, or truck, and 
any motorized conveyance originally equipped with safety belts. This 
includes two-wheeled motorcycles.

Prohibited Acts

    1. You must not operate any vehicle within the Killpecker Sand 
Dunes Recreation Site without an appropriate safety flag. All vehicles 
must be equipped with a whip mast and a 6 inch x 12 inch red or orange 
flag. A whip mast is any pole, rod or antenna mounted on the vehicle 
that extends at least eight feet from the surface of the ground to the 
mast tip. It must stand upright when the vehicle is stationary. Masts 
must be securely mounted on the vehicle. Safety flags must be attached 
within 10 inches of the tip of the whip mast with other flags mounted 
below the safety flag or on another whip. Flags may be of pennant, 
triangle, square or rectangular shape
    2. You must not operate a vehicle in excess of 15 miles per hour on 
public lands within 500 feet of access roads within the Killpecker Sand 
Dunes Recreation Site.
    3. You must not possess or use any glass container within the 
Killpecker Sand Dunes Recreation Site.

Exceptions

    The following persons are exempt from these supplementary rules: 
any Federal, state, local, and/or military employees acting within the 
scope of their official duties; members of any organized rescue or fire 
fighting forces acting within the scope of their official duties; and 
persons who are 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 
enhanced fines provided for by 18 U.S.C. 3571.

Donald A. Simpson,
Bureau of Land Management, State Director, Wyoming.
[FR Doc. 2014-29149 Filed 12-10-14; 8:45 am]
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