[Federal Register Volume 82, Number 128 (Thursday, July 6, 2017)]
[Rules and Regulations]
[Pages 31268-31270]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13891]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Part 8360

[17XL 1109AF LLUTY0100 L12200000.EA0000 24-1A]


Notice of Final Supplementary Rule for Public Lands in the Moab 
Field Office in Grand County, Utah

AGENCY: Bureau of Land Management, Interior.

ACTION: Notification of final supplementary rule.

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SUMMARY: The Bureau of Land Management (BLM) is finalizing a 
supplementary rule addressing recreation on public lands in the 
vicinity of Corona Arch and Gemini Bridges in Grand County, Utah. The 
supplementary rule prohibits roped activities around Corona Arch and 
Gemini Bridges. Such activities involve the use of ropes or other 
climbing aids, and include, but are not limited to, zip-lining, high-
lining, slacklining, traditional rock climbing, sport rock climbing, 
rappelling, and swinging.

DATES: The supplementary rule is in effect August 7, 2017.

ADDRESSES: You may direct inquiries by letter to Christina Price, Field 
Office Manager, Bureau of Land Management, Moab Field Office, 82 East 
Dogwood Avenue, Moab, UT 84532, or by email to [email protected]. 
The final supplementary rule is available for inspection at the Moab 
Field Office and on the Web site: https://www.blm.gov/media/federal-register.

FOR FURTHER INFORMATION CONTACT: Christina Price, Field Manager, 82 
East Dogwood Avenue, Moab, UT 84532, 435-259-2100, or 
[email protected]. Persons who use a telecommunications device for 
the deaf (TDD) may call the Federal Relay Service (FRS) at 1-800-877-
8339 to leave a message or question with the above individual. The 
service is available 24 hours a day, 7 days a week. You will receive a 
reply during normal business hours.

SUPPLEMENTARY INFORMATION:

I. Background

    The BLM is establishing a final supplementary rule under the 
authority of 43 CFR 8365.1-6, which allows State Directors to establish 
supplementary rules for the protection of persons, property, and the 
public lands and resources. This provision allows the BLM to issue 
rules of less than national effect without codifying the rules in the 
Code of Federal Regulations. This final supplementary rule applies to 
37 acres of public lands managed by the Moab Field Office. Maps of the 
management area and boundaries can be obtained by contacting the Moab 
Field Office or by accessing the BLM's ePlanning project page (http://go.usa.gov/xkHY8). The final supplementary rule will be available for 
review at the Moab Field Office.
    In 2015, the BLM published a temporary restriction on rope swinging 
at Corona Arch and Gemini Bridges. In 2016, the BLM sought a permanent 
restriction on rope swinging at the same two locations. Through the 
National Environmental Policy Act (NEPA) process, the BLM identified 
the need to establish a supplementary rule to provide for visitor 
enjoyment and protect public land resources at these two locations. 
Corona Arch and Gemini Bridges are two of the most popular recreational 
destinations in the Moab Field Office. Corona Arch is a partly 
freestanding arch with a 110-foot by 110-foot opening. Gemini Bridges 
are two large arches standing side-by-side.
    Approximately 40,000 visitors per year come to the Corona Arch, and 
the Gemini Bridges receives approximately 50,000 visitors per year. The 
BLM has received many complaints that roped activities, including 
swinging from the arches, conflict with other visitors' use and 
enjoyment of the arches. The BLM finds merit in these complaints. 
People setting up and using swings and rappels from the arches endanger 
both themselves and those viewing from below. In addition, the rock 
arches may be damaged by ropes ``sawing'' on the rock spans. The 
supplementary rule currently in effect in the Moab Field Office (81 FR 
9498, Feb. 25, 2016) does not address roped activities on the affected 
arches, although the temporary restriction (80 FR 27703, May 14, 2015) 
is in effect until May 2017.
    The legal descriptions of the affected public lands are:

Salt Lake Meridian

T. 25 S., R. 20 E., sec. 34, NW\1/4\ SW\1/4\, that part surrounding 
Gemini Bridges.
T. 25 S., R. 21 E., sec. 32, SE\1/4\ SE\1/4\, that part surrounding 
Corona Arch.
T. 26 S., R. 21 E., sec. 5, NE\1/4\, that part surrounding Corona 
Arch.
    The areas described aggregate to 37.3 acres.

    This final supplementary rule allows for enforcement as a tool to 
minimize the adverse effects of roped activities within the affected 
areas. After the final supplementary rule goes into effect, it will be 
available for review in the Moab Field Office, and will be announced 
broadly through the news media and

[[Page 31269]]

direct mail to the constituents included on the Moab Field Office 
mailing list. The rule will also be posted on signs at main entry 
points to the affected areas.

II. Discussion of Public Comments

    The BLM published the proposed supplementary rule on October 31, 
2016 (81 FR 75366). Thirty comment letters were received during the 90-
day public comment period. Twenty-four of the commenters expressed 
support for the supplementary rule; six commenters opposed the 
supplementary rule. No changes to the final rule were made as a result 
of the comments received.
    Support for the final supplementary rule banning roped activities 
near Corona Arch and Gemini Bridges focused upon allowing hikers to 
enjoy the arches unfettered by swinging activities. Commenters in favor 
of the rule noted the temporary restriction had allowed them to once 
again enjoy these hikes; they favored making the temporary restriction 
permanent. Commenters in favor also noted the vast majority of users of 
the arches (approximately 99.8%) visit the arches for their serenity 
and beauty.
    The six commenters expressing opposition to the rule cited a need 
for less regulation of recreational activities. These commenters noted 
that hikers could go elsewhere. The BLM has not revised the rule in 
response to these comments. A permanent prohibition against roped 
activities is in conformance with the 2008 Moab Resource Management 
Plan (RMP). See https://eplanning.blm.gov/epl-front-office/eplanning/planAndProjectSite.do?methodName=dispatchToPatternPage&currentPageId=94940.
    The Corona Arch area is within the Goldbar Hiking Focus Area, which 
is specifically managed to enhance hiking opportunities. Decision REC-
39 (page 90) states: ``Manage the Corona Arch Trail for hiking only.'' 
Gemini Bridges is within the Gemini Bridges/Poison Spider Mesa Focus 
area. Decision REC-39 states: ``close the spur route to Gemini Bridges 
to facilitate public use and help restore damaged lands along the spur 
route.'' The RMP further authorized the creation of a hiking route to 
Gemini Bridges to facilitate public use. In an effort to eliminate 
recreational use conflicts on these iconic and high use hiking trails, 
the BLM has chosen to finalize the supplementary rule.

III. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    This supplementary rule is not a significant regulatory action and 
is not subject to review by the Office of Management and Budget under 
Executive Order 12866. This supplementary rule would not have an annual 
effect of $100 million or more on the economy. It is not intended to 
affect commercial activity, but imposes a rule of conduct on 
recreational visitors for public safety and resource protection reasons 
in a limited area of public lands. This supplementary rule 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. This supplementary rule 
would not create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency. This supplementary rule does 
not materially alter the budgetary effects of entitlements, grants, 
user fees, or loan programs or the right or obligations of their 
recipients, nor does it raise novel legal or policy issues; it merely 
strives to protect public safety and the environment.
National Environmental Policy Act
    A temporary restriction on roped activities was analyzed in 
Environmental Assessment (EA) DOI-BLM-UT-2014-0170-EA, Temporary 
Restriction of Roped Activities at Corona Arch and Gemini Bridges. This 
document was subject to a 30-day public comment period, and the Finding 
of No Significant Impact (FONSI) and Decision Record were signed on 
January 6, 2015. The permanent restriction on roped activities was 
analyzed in EA DOI-BLM-UT-2015-0227, Permanent Restriction of Corona 
Arch and Gemini Bridges to Roped Activities. This document was subject 
to a 30-day scoping period and a 30-day public comment period. The 
Decision Record providing for the permanent restriction was signed on 
May 5, 2016. Based on the EA which analyzed the permanent restriction, 
the BLM found that this supplementary rule 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). This supplementary 
rule merely regulates conduct on the BLM public lands administered by 
the Moab Field Office within a 31-acre area around Corona Arch and 6.3-
acre area around Gemini Bridges. This rule is designed to protect the 
environment and public safety. A detailed impact statement under NEPA 
is not required. The BLM has placed the EAs, the Decision Records, and 
the Findings of No Significant Impact on file in the BLM Administrative 
Record at the address specified in the ADDRESSES section.
Regulatory Flexibility Act
    This final supplementary rule will not have a significant economic 
effect on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.). 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 
supplementary rule does not pertain specifically to commercial or 
governmental entities of any size, but to public recreational use of 
specific public lands.
Small Business Regulatory Enforcement Fairness Act
    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This rule:
    (a) Does not have an annual effect on the economy of $100 million 
or more.
    (b) Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions.
    (c) Does not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S.-based enterprises to compete with foreign-based enterprises
Unfunded Mandates Reform Act
    This supplementary rule does not impose an unfunded mandate on 
State, local, or tribal governments of more than $100 million per year; 
nor does it have a significant or unique effect on State, local, or 
tribal governments or the private sector. This supplementary rule does 
not require anything of State, local, or tribal governments. A 
statement containing the information required by the Unfunded Mandates 
Reform Act, 2 U.S.C. 1531 et seq., is not required.
Executive Order 12630, Governmental Actions and Interference With 
Constitutionally Protected Property Rights (Takings)
    This rule does not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630. This 
supplementary rule is not a government action capable of interfering 
with constitutionally

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protected property rights. This supplementary rule does not address 
property rights in any form, and does not cause the impairment of 
anybody's property rights. A takings implication assessment is not 
required.
Executive Order 13132, Federalism
    Under the criteria in section 1 of Executive Order 13132, this rule 
does not have sufficient federalism implications to warrant the 
preparation of a federalism summary impact statement. This 
supplementary rule will 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. A federalism summary impact statement is 
not required.
Executive Order 12988, Civil Justice Reform
    This rule complies with the requirements of Executive Order 12988. 
Specifically, this rule:
    (a) Meets the criteria of section 3(a) requiring that all 
regulations be reviewed to eliminate errors and ambiguity and be 
written to minimize litigation; and
    (b) Meets the criteria of section 3(b)(2) requiring that all 
regulations be written in clear language and contain clear legal 
standards.
Executive Order 13175, Consultation and Coordination With Indian Tribal 
Governments
    The Department of the Interior strives to strengthen its 
government-to-government relationship with Indian tribes through a 
commitment to consultation with Indian tribes and recognition of their 
right to self-governance and tribal sovereignty. We have evaluated this 
rule under the Department's consultation policy and under the criteria 
in Executive Order 13175 and have determined that it has no substantial 
direct effects on federally recognized Indian tribes and that 
consultation under the Department's tribal consultation policy is not 
required.
Paperwork Reduction Act
    This supplementary rule does 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.
Effects on the Energy Supply (E.O. 13211)
    This rule is not a significant energy action under the definition 
in Executive Order 13211. A Statement of Energy Effects is not 
required.

Final Supplementary Rule

Author

    The principal author of this supplementary rule is Christina Price, 
Field Manager for the Moab Field Office, Utah. 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 Utah State Director, BLM, 
establishes a supplementary rule for public lands managed by the BLM in 
Utah, to read as follows:

Definitions

    Roped activities means activities that involve the use of ropes, 
cables, climbing aids, webbing, or anchors, and includes, but is not 
limited to, zip-lining, high-lining, slack-lining, traditional rock 
climbing, sport rock climbing, rappelling, and swinging.

Prohibited Acts

    You must not participate in any roped activities on public lands in 
the vicinity of Corona Arch or Gemini Bridges. This prohibition 
includes, but is not limited to, the use of ropes, cables, climbing 
aids, webbing, anchors, and similar devices.

Exemptions

    The following persons are exempt from this supplementary rule: Any 
Federal, State, or local government officer or employee in the scope of 
their duties; members of any organized law enforcement, rescue, or 
firefighting force in performance of an official duty; and any persons, 
agencies, municipalities or companies whose activities are authorized 
in writing by the BLM.

Penalties

    Any person who violates this supplementary rule 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 Utah law.

Edwin L. Roberson,
State Director.
[FR Doc. 2017-13891 Filed 7-5-17; 8:45 am]
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