[Federal Register Volume 81, Number 105 (Wednesday, June 1, 2016)]
[Notices]
[Pages 35039-35041]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12939]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLCOF02000 L12200000.DU0000]


Notice of Proposed Supplementary Rules for Guffey Gorge in Park 
County, Colorado

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 to regulate certain activities on public lands within Guffey 
Gorge in Park County, Colorado. These proposed supplementary rules 
would implement decisions found in the Guffey Gorge Management Plan 
Environmental Assessment (EA), approved on June 29, 2015, to provide 
for the protection of persons, property, and public lands resources 
located within an 80-acre site. These proposed supplementary rules will 
result in changes to some currently authorized activities related to 
possession or use of alcohol, amplified music, vehicle parking, and 
visitors with dogs.

DATES: Please send comments to the following address by August 1, 2016. 
Comments postmarked or received in person or by electronic mail after 
this date may not be considered in the development of the final 
supplementary rules.

ADDRESSES: You may send comments by mail or hand delivery to Linda 
Skinner, Outdoor Recreation Planner, BLM Royal Gorge Field Office, 3028 
E. Main Street, Ca[ntilde]on City, CO 81212. You may also send comments 
via email to [email protected] (include ``Proposed Supplementary 
Rules-Guffey Gorge'' in the subject line).

FOR FURTHER INFORMATION CONTACT: Linda Skinner, Outdoor Recreation 
Planner; see address above; telephone (719) 269-8732. Persons who use a 
telecommunications device for the deaf may call the Federal Information 
Relay Service (FIRS) at 800-877-8339 to contact Linda Skinner during 
normal business hours. The FIRS is available 24 hours a day, seven 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

    You may mail, hand-deliver, or email comments to Linda Skinner at 
the addresses above. Written comments on the proposed supplementary 
rules should be specific, 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 rules that the comment is addressing. The BLM will 
consider comments received before the end of the comment period (see 
DATES section), including those that are postmarked or electronically 
dated before the deadline and delivered to the addresses listed above. 
Comments, including names, street addresses, and other contact 
information of respondents, will be available for public review at the 
BLM Royal Gorge Field Office (see address above). 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

    Guffey Gorge is an 80-acre tract of public land in Park County, 
Colorado. It is surrounded by private land with Park County Road 102 
providing legal public access. Until ten years ago, recreational use of 
this area was light, and the area was used primarily by local residents 
for picnicking, hiking, and swimming. Recreational use of the area has 
increased significantly over the past five years, resulting in resource 
damage, user conflicts, and safety hazards for visitors and surrounding 
private landowners. In 2013, the BLM began the public input process for 
developing a management plan for the 80-acre parcel to manage the 
increasing visitor use and associated issues. This process included 
presentations and site tours with the Front Range Resource Advisory 
Council (RAC) and collaboration with stakeholders and concerned 
citizens. On August 11, 2014, the BLM initiated a 30-day public scoping 
period. Based on feedback received during this process, the BLM 
developed a proposed action and released a preliminary EA for a 30-day 
public review on November 20, 2014. The BLM incorporated comments

[[Page 35040]]

into the Final EA and corresponding Decision Record signed on June 29, 
2015.

III. Discussion of the Proposed Supplementary Rules

    These proposed supplementary rules would implement certain 
decisions from the Guffey Gorge Management Plan, which was approved on 
June 29, 2015, on lands administered by the Royal Gorge Field Office. 
The planning area consists of approximately 80 acres of public lands 
within Park County, Colorado, described below:

Park County, Colorado, Sixth Principal Meridian

T. 15 S., R. 71 W.
    Sec. 4: SE\1/4\SE\1/4\
    Sec. 9: NE\1/4\NE\1/4\
    Containing 80 acres, more or less.

    These proposed supplementary rules are needed to address 
significant public safety concerns and resource protection issues 
resulting from increased and unsafe public use on public lands known as 
Guffey Gorge. The authority for these proposed supplementary rules is 
set forth at section 303 of the Federal Land Policy and Management Act 
(FLPMA), 43 U.S.C. 1740, and 43 CFR 8365.1-6. This notice, with a 
detailed map, will be posted at the Royal Gorge Field Office.
    Proposed supplementary rule number one would prohibit possession 
and consumption of alcoholic beverages. As visitation at Guffey Gorge 
has increased, alcohol and drug use has also increased, leading to 
public health and safety concerns. The proposed supplementary rule 
would help reduce disruptive behavior associated with alcohol use, 
improve public safety, and reduce litter in the area.
    Proposed supplementary rule number two would prohibit visitors from 
parking a motor vehicle outside of designated parking areas. Visitor 
parking is limited at Guffey Gorge and frequently overflows onto the 
shoulder of Park County Road 102. Park County Road 102 is a narrow, two 
lane road with limited visibility near the Guffey Gorge trailhead. 
Restricting parking to designated parking areas only is essential for 
public health and safety.
    Proposed supplementary rule number three would require animals 
brought into the area to be on a leash and under the control of a 
person, or otherwise physically restricted. This rule would help reduce 
problems associated with unrestrained dogs observed by staff in recent 
years. Currently, BLM regulations only require dogs to be restrained in 
developed recreation sites. Guffey Gorge is not a developed site, so 
existing BLM regulations do not apply. The proposed supplementary rule 
would reduce conflicts between visitors; reduce conflicts between 
domestic animals and wildlife; and would help control domestic animal 
waste. Proposed supplementary rule number four would prohibit the 
operation of any device producing amplified sound, such as stereos, 
speakers, and public address systems. This proposed supplementary rule 
would help restore opportunities for quiet recreational activities 
recognized as one of Guffey Gorge's attributes.

IV. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    These proposed supplementary rules are not significant regulatory 
actions and are not subject to review by the Office of Management and 
Budget under Executive Order 12866. These proposed supplementary rules 
would not have an annual effect of $100 million or more on the economy. 
They would not adversely affect in a material way the economy; 
productivity; competition; jobs; 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. 
The 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 would they raise 
novel legal or policy issues. These proposed supplementary rules would 
merely establish rules of conduct for public use of a limited area of 
public lands.

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?
    (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

    During the National Environmental Policy Act (NEPA) review for the 
Guffey Gorge Management Plan, the BLM fully analyzed the substance of 
these supplementary rules in EA, DOI-BLM-CO-200-2013-040. The BLM 
signed the Decision Record for the EA on June 29, 2015, and found that 
the proposed supplementary rules implementing the plan decisions would 
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 proposed supplementary rules would merely 
establish rules of conduct for public use of a limited area of public 
lands in order to protect natural resources and public health and 
safety. Although some activities would be prohibited in the area, the 
area would still be open to other recreation uses. A detailed statement 
under NEPA is not required. The BLM has placed the EA and Finding of No 
Significant Impact 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. They 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 supplementary rules would not have 
a significant economic impact on a substantial number of small 
entities.

[[Page 35041]]

Small Business Regulatory Enforcement Fairness Act

    These supplementary rules are not a ``major rule'' as defined at 5 
U.S.C. 804(2). These 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 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, or 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 the private sector; or State, local, or tribal governments 
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 establish rules of conduct for public 
use of a limited selection of public lands. 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 the 
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 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 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.

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 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.

V. Proposed Supplementary Rules

Author

    The principal author of these final supplementary rules is Linda 
Skinner, Outdoor Recreation Planner, BLM, Royal Gorge Field Office.
    For the reasons stated in the preamble, and under the authorities 
for Supplementary Rules found at 43 U.S.C. 1740 and 43 CFR 8365.1-6, 
the BLM Colorado State Director proposes supplementary rules for 
approximately 80 acres of public lands in Guffey Gorge, to read as 
follows:

PROPOSED SUPPLEMENTARY RULES FOR GUFFEY GORGE

Prohibited Acts

    Unless otherwise authorized, the following acts are prohibited 
on all public lands, roads, trails, and waterways administered by 
the BLM within the Guffey Gorge Management Area:
    (1) Possession or consumption of alcoholic beverages;
    (2) Parking a motor vehicle outside of designated parking areas;
    (3) Bringing an animal into the area unless the animal is on a 
leash not longer than six feet and secured to a fixed object or 
under control of a person, or is otherwise physically restricted at 
all times; and
    (4) Operating any device producing amplified sound such as a 
stereo, speaker, public address system, or other similar device.

Exemptions

    The following persons are exempt from these supplementary rules: 
Any Federal, State, local and/or military persons acting within the 
scope of their duties; or members of any organized rescue or fire-
fighting force in performance of an official duty; or individuals 
expressly authorized by the BLM.

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 8560.0-7, or both. In accordance with 43 CFR 
8365.1-7, State or local officials may also impose penalties for 
violations of Colorado law.


Ruth Welch,
BLM Colorado State Director.
[FR Doc. 2016-12939 Filed 5-31-16; 8:45 am]
 BILLING CODE 4310-JB-P