[Federal Register Volume 81, Number 48 (Friday, March 11, 2016)]
[Notices]
[Pages 12935-12938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05400]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLCAC09000 L12100000 MD0000 15X]


Notice of Proposed Supplementary Rules for Shooting on Public 
Lands Managed by the BLM Hollister Field Office, California

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 shooting on public lands administered by the Hollister Field 
Office, California. The proposed supplementary rules would help protect 
public safety, facilitate resource protection, and improve recreation 
opportunities in the area.
    These proposed supplementary rules are intended to allow for 
enforcement as a tool in minimizing the adverse effects of shooting 
activities. Upon completion, the supplementary rules will be available 
for inspection in the Hollister Field Office, and they will be 
announced broadly through the news media and direct mail to the 
constituents included on the Hollister Field Office mail list. BLM 
personnel will also provide personal briefings with interested agencies 
and organizations.

DATES: Comments on the proposed supplementary rules must be received or 
postmarked by May 10, 2016 to be assured of consideration.

ADDRESSES: Mail or hand deliver all comments concerning the proposed 
supplementary rules to the Bureau of Land Management, 20 Hamilton 
Court, Hollister, CA 95023 or email comments to [email protected].

FOR FURTHER INFORMATION CONTACT: Rick Cooper, Hollister Field Manager 
or Brian Martin, Outdoor Recreation Planner, BLM Hollister Field 
Office, 20 Hamilton Court, Hollister, CA 95023, or telephone 831-630-
5000.

SUPPLEMENTARY INFORMATION: 

I. Public Comment Procedures

    The public is now invited to provide comments on the proposed 
supplementary rules. See the DATES and ADDRESSES sections for 
information on submitting comments. This notice and a map depicting the 
area that would be affected by the proposed supplementary rules are 
available for public review at the Hollister Field Office. The affected 
area is also shown on a map on the Hollister Field Office's Web site at 
http://www.blm.gov/ca/hollister.
    Written comments on the proposed supplementary rules should be 
specific,

[[Page 12936]]

confined to issues pertinent to the proposed supplementary rules, and 
should explain the reason for any recommended change. Where possible, 
comments should reference the specific section or paragraph of the rule 
that the comment is addressing. The BLM need not consider (a) comments 
that the BLM receives after the close of the comment period (see 
DATES), unless they are postmarked or electronically dated before the 
deadline, or (b) comments delivered to an address other than those 
listed above (See ADDRESSES).
    Comments, including names, street addresses, and other contact 
information of respondents, will be available for public review at the 
20 Hamilton Court, Hollister, CA 95023, during regular business hours 
(7:30 a.m. to 4:00 p.m.), Monday through Friday, except Federal 
holidays.
    Before including your address, telephone number, email address, or 
other personal identifying information in your comment, be advised 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 from public review your personal identifying 
information, we cannot guarantee that we will be able to do so. All 
submissions from organizations and businesses, and from individuals 
identifying themselves as representatives or officials of organizations 
or businesses, will be available for public inspection in their 
entirety.

II. Background

    The BLM establishes supplementary rules under the authority of 43 
CFR 8365.1-6, which allows the BLM State Directors to establish such 
rules for the protection of persons, property, and public lands and 
resources. This regulatory provision allows the BLM to issue rules of 
less than national effect without codifying the rules in the Code of 
Federal Regulations.

III. Discussion of Proposed Supplementary Rules

    As noted in the Record of Decision (ROD) for the Resource 
Management Plan for the Southern Diablo Mountain Range and the Central 
Coast of California (September 2007), the BLM has allowed shooting on 
public lands for several years, and has been monitoring activities at 
popular shooting areas. As use has increased, the BLM has observed 
increasing hazards to visitors and to natural resources due to fires 
and improper disposal of household items, garbage, and electronic waste 
abandoned on the public lands.
    These hazards have been observed in connection with the use of 
firearms and shooting activities. Thus, the proposed supplementary 
rules would apply to all shooting activities. Persons performing tasks 
central to the BLM's mission would be exempt. Such persons would 
include, for example, members of any organized law enforcement, rescue, 
or fire-fighting force.
    The proposed supplementary rules are needed to provide consistency 
and uniformity for shooting on BLM-administered lands throughout the 
Hollister Field Office, and to prevent user conflicts and provide 
greater safety to the visiting public.
    Recreational target shooting is recognized as a legitimate use of 
public lands; however, in areas where target shooting is concentrated, 
excessive resource damage and serious conflicts with other uses often 
occur. Therefore, supplementary rules related to target shooting are 
necessary to address the following issues and concerns:
    Public Safety: As visitation increases among all types of 
recreational users, so do the conflicts between user groups. In crowded 
areas, shooting increases conflicts among users and threatens user 
safety. Other recreationists and nearby landowners have concerns for 
their personal safety, as well as damage to property.
    Resource Damage: Concentrated target shooting areas result in high 
levels of damage and impacts. Direct impacts associated with these 
areas are the shooting of trees and rocks and soil contamination from 
lead bullets. The indirect impacts include: Increased risk and 
frequency of wildfires, litter, new route proliferation, vandalism, 
illegal dumping and other illegal activities. These areas require more 
clean-up efforts, monitoring and law enforcement presence, and user 
education efforts than areas where concentrated target shooting does 
not occur.
    Noise: Repetitive noise from concentrated target shooting areas 
impacts all other recreational activities and the quality of life for 
nearby residents.
    Exclusive use: Exclusive use is created as target shooting becomes 
concentrated and displaces other recreation users from the area. Many 
other types of recreational users such as hikers, equestrians, and 
mountain bikers tend to avoid these areas because of the continuous 
noise of gunfire and concerns for their own personal safety.
    At present, no supplementary rules are in effect for shooting on 
lands managed by the Hollister Field Office where issues associated 
with target shooting are most prevalent. Therefore, these supplementary 
rules are proposed to implement the ROD for the Resource Management 
Plan for the Southern Diablo Mountain Range and the Central Coast of 
California (September 2007) with respect to use of firearms and 
shooting activities.

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. The proposed supplementary rules 
would not have an annual effect of $100 million or more on the economy. 
They are not intended to affect commercial activity, but impose rules 
of conduct on recreational visitors for public safety and resource 
protection reasons in a limited area of public lands. These 
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 right or obligations of their recipients, 
nor do they raise novel legal or policy issues. They merely strive to 
protect public safety and the environment.

Clarity of the 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?

[[Page 12937]]

    (5) Is the description of the proposed supplementary rules in the 
SUPPLMENTARY INFORMATION section of this preamble helpful in 
understanding 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 may have on the clarity of the 
proposed supplementary rules to one of the addresses specified in the 
ADDRESSES section.

National Environmental Policy Act

    The BLM prepared an environmental assessment (EA) dated April 6, 
2015, and found that the proposed supplementary rules would not 
constitute a major Federal action significantly affecting the quality 
of the human environment under Section 102(2)(C) of the National 
Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4332(2)(C). The 
proposed supplementary rules merely contain rules of conduct for the 
BLM public lands administered by the Hollister Field Office within the 
Central California District. These rules are designed to protect the 
environment and public safety. A detailed statement under NEPA is not 
required. The BLM has placed the EA and the Finding of No Significant 
Impact (FONSI) on file in the BLM Administrative Record at the address 
specified in the ADDRESSES section.
    As documented in Environmental Assessment DOI-BLM-CA-0900-2012-49-
EA, and the associated Finding of No Significant Impact and Decision 
Record, the proposed supplementary rules do not constitute a major 
Federal action significantly affecting the quality of the human 
environment under Section 102(2)(C) of the National Environmental 
Policy Act of 1969, 42 U.S.C. 4332(2)(C).

Regulatory Flexibility Act

    Congress enacted the Regulatory Flexibility Act (RFA), 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 public lands. Therefore, the BLM 
has determined under the RFA that the 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 merely contain rules of conduct for recreational use of certain 
public lands. These proposed supplementary rules would not affect 
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 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. These 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)

    These proposed supplementary rules are not a government action 
capable of interfering with constitutionally protected property rights. 
These proposed supplementary rules do not address property rights in 
any form, and do not cause the impairment of anybody's 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

    These proposed supplementary rules would not have a substantial 
direct effect on the states, on the relationship between the Federal 
Government and the states, or on the distribution of power and 
responsibilities among the various levels of government. These proposed 
supplementary rules apply on a limited area of land in only one State, 
California. 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 
Order are met. These supplementary rules contain rules of conduct for 
recreational use of certain public lands to protect public safety and 
the environment.

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. These proposed supplementary rules do not affect 
lands held in trust for the benefit of Native American tribes, 
individual Indians, Aleuts, or others.

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.

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 supplementary rules would not have an adverse 
effect on energy supplies, production, or consumption. They only 
address rules of conduct for recreational use of certain public lands 
to protect public safety and the environment, and have no connection 
with energy policy.

Author

    The principal author of the proposed supplementary rules is Brian 
Martin, BLM Chief Law Enforcement Officer for the Hollister Field 
Office, California.
    For the reasons stated in the Preamble, and under the authority for 
supplementary rules at 43 U.S.C. 1740 and 43 CFR 8365.1-6, the 
California State Director, Bureau of Land Management, proposes to issue 
these supplementary rules for public lands managed by the BLM in 
California, to read as follows:

Supplementary Rules

Definitions

    Alcoholic beverage means any beverage that, when consumed, will 
produce intoxication.

[[Page 12938]]

    Controlled substance means any substance so designated by law 
whose availability is restricted, including, but not limited to, 
narcotics, stimulants, depressants, hallucinogens, and marijuana.
    Destructive device means any type of weapon, by whatever name 
known, which will, or which may be readily converted to expel a 
projectile by the action of an explosive or other propellant, the 
barrel or barrels of which have a bore of more than 0.60 caliber, 
except a shotgun or shotgun shell, which is generally recognized as 
particularly suitable for sporting purposes.
    Developed recreation area/site means any site or area that 
contains structures or capital improvements primarily used by the 
public for recreation purposes. Such areas or sites may include such 
features as: Delineated spaces for parking, camping, boat launching, 
sanitary facilities, potable water, grills, fire rings, tables, or 
controlled access.
    Explosive, chemical, or incendiary device means any tracer 
round, incendiary bomb, grenade, fire bomb, chemical bomb, or device 
which consists of or includes a breakable or non-breakable container 
including a flammable liquid or compound, or any breakable container 
which consists of or includes a chemical mixture that explodes with 
fire or force and can be shot at or shot from a firearm, carried, or 
thrown. A cartridge containing or carrying an explosive agent and 
bullet is not an explosive device as that term is used here.
    Firearm means an instrument used in the propulsion of shot, 
shell, or bullets by the action of gunpowder exploded within it.
    Loaded firearm means a firearm that has an unexpended cartridge 
of powder and a bullet or shot in or attached in any manner to the 
firearm including, but not limited to, in the firing chamber, 
magazine, or clip thereof attached to the firearm or a muzzle loader 
firearm that is capped or primed and has a powder charge and ball or 
shot in the cylinder or barrel.
    Target means items designed, manufactured, or built specifically 
for the purpose of target shooting which can be completely removed 
following use.
    Target shooting means shooting a weapon for recreational 
purposes when game is not being legally pursued.
    Public lands means any lands or interest in lands managed by the 
BLM.
    Pyrotechnic device means any device manufactured or used to 
produce a visible or audible effect by combustion, deflagration, or 
detonation. This includes, but is not limited to, such devices as 
exploding targets that are detonated when struck by a projectile 
such as a bullet fired from a firearm.
    Weapon means any firearm, cross bow, bow and arrow, paint gun, 
fireworks, or explosive device capable of propelling a projectile 
either by means of an explosion, compressed gas, or by string or 
spring.
    1. These supplementary rules apply, except as specifically 
exempted, to all shooting activities on public lands administered by 
the Hollister Field Office, California.
    2. These supplementary rules are in effect year-around and will 
remain in effect until modified by the State Director.
    3. The following persons are exempt from these supplementary 
rules: Any Federal, State, or local government officer or employee 
in the scope of their duties; members of any organized law 
enforcement, rescue, or fire-fighting force in performance of an 
official duty; and any person whose activities are authorized in 
writing by the Bureau of Land Management.
    4. All persons must abide by all Federal and State laws, rules, 
and regulations pertaining to firearms and weapons for all shooting 
activities on public lands.
    5. No person shall, unless it is posted as allowed, target shoot 
with a weapon within 50 feet of the center line of any public road.
    6. No person shall shoot or discharge any weapon across any 
public road or signed trail.
    7. No person shall, unless it is posted as allowed, shoot or 
discharge any weapon within 150 yards of any developed recreation 
area/site.
    8. No person shall shoot or discharge any weapon toward or in 
the direction of any public road, signed trail, or developed 
recreation area/site where this action could create a hazard to life 
or property.
    9. No person shall consume or be under the influence of an 
alcoholic beverage or a controlled substance while shooting or 
discharging any weapon on public lands.
    10. No person shall shoot or discharge any firearm loaded with 
tracer bullets on public lands.
    11. No person shall shoot or discharge any weapon at any 
construction materials, office products, or household items 
including, but not limited to, appliances, furniture, electronic 
waste, or other objects containing glass on public lands. Targets 
designed, manufactured, or built specifically for the purpose of 
target shooting and which can be completely removed following use 
are allowed.
    12. No person shall shoot or discharge any weapon at clay 
pigeons on public lands.
    13. No person shall shoot or discharge any weapon at any tree, 
cactus, shrub, or similar vegetative object, fence post, or any 
other public lands infrastructure. This includes the use of these 
objects to support targets.
    14. Persons shooting or discharging any weapon on public lands 
are required to remove and properly dispose of all shooting 
materials, including targets, shell boxes, shell casings, hulls, and 
brass.
    15. No person shall transport in a vehicle or conveyance or its 
attachments on any public land, or roads, a firearm, unless it is 
unloaded or dismantled.
    16. No person shall have a loaded firearm on display when in any 
developed recreation area.
    17. No person shall shoot or discharge any weapon from a 
powerboat, sailboat, motor vehicle, or aircraft.
    18. No person shall, except with a valid permit, carry a 
concealed firearm on public lands.
    19. No person shall possess or use any pyrotechnic device on 
public lands. This prohibition includes, but is not limited to, 
devices such as exploding targets that are detonated when struck by 
a projectile such as a bullet fired from a firearm.
    20. No person shall possess or use any destructive, explosive, 
or incendiary (including chemical) device on public lands. This 
prohibition includes, but is not limited to, any homemade or 
manufactured bomb, cannon, mortar, or similar device.

Enforcement

    Any person who violates any of these supplementary rules may be 
tried before a United States Magistrate and fined in accordance with 
18 U.S.C. 3571, imprisoned no more than 12 months under 43 U.S.C. 
1733(a) and 43 CFR 8360.0-7, or both. In accordance with 43 CFR 
8365.1-7, State or local officials may also impose penalties for 
violations of California law.

Joe Stout,
Acting BLM California State Director.
[FR Doc. 2016-05400 Filed 3-10-16; 8:45 am]
 BILLING CODE 4310-40-P