[Federal Register Volume 82, Number 243 (Wednesday, December 20, 2017)]
[Rules and Regulations]
[Pages 60320-60323]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27413]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Part 8360

[LLCOF02000.L12200000.DU0000-17X]


Final Supplementary Rules for Guffey Gorge in Park County, 
Colorado

AGENCY:  Bureau of Land Management, Interior.

ACTION:  Final supplementary rules.

-----------------------------------------------------------------------

SUMMARY:  The Bureau of Land Management (BLM) Royal Gorge Field Office 
is implementing supplementary rules to regulate certain activities on 
public lands within Guffey Gorge in Park County, Colorado. These 
supplementary rules are necessary to implement decisions found in the 
Guffey Gorge Management Plan approved on June 29, 2015, to provide for 
the protection of persons, property, and public lands and resources 
located within the 80-acre site. These supplementary rules will result 
in changes to some currently authorized activities related to the 
possession or use of alcohol, amplified music, vehicle parking, and 
visitors with dogs.

DATES: These supplementary rules are effective January 19, 2018.

ADDRESSES:  You may send inquiries by mail or hand delivery to Linda 
Skinner, Outdoor Recreation Planner, BLM Royal Gorge Field Office, 3028 
E. Main Street,

[[Page 60321]]

Ca[ntilde]on City, CO 81212. You may also send inquiries via email to 
[email protected] (include ``Final Supplementary Rules-Guffey 
Gorge'' in the subject line).

FOR FURTHER INFORMATION CONTACT:  Linda Skinner, Outdoor Recreation 
Planner; see address in the ADDRESSES section of this notice; telephone 
(719) 269-8732. Persons who use a telecommunications device for the 
deaf (TDD) may call the Federal Relay Service at 800-877-8339 to 
contact Linda Skinner during normal business hours. The Service 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. 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 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 Rocky Mountain (formerly 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 Environmental Assessment (EA) for a 30-day public review on 
November 20, 2014. The BLM incorporated comments into the Final EA and 
corresponding Decision Record, signed on June 29, 2015.

II. Discussion of Public Comments and the Final Supplementary Rules

    The proposed supplementary rules were published in the Federal 
Register on June 1, 2016 (81 FR 35039). The BLM received three letters 
with comments during the 60-day comment period. One commenter supported 
a proposed fee; therefore, the comment was not relevant to the proposed 
supplementary rules. A second commenter submitted a general statement 
in support of controlling cars, trash, and people in Guffey Gorge. In 
response to this comment, the concern for controlling cars supports the 
rule that prohibits parking a motor vehicle outside of designated 
parking areas. The trash issue was addressed through the Guffey Gorge 
Management Plan, approved on June 29, 2015, by creating a standard 
amenity site with trash collection; therefore, no revision to the rules 
was needed. The third commenter shared a story about her negative 
experience at Guffey Gorge. This commenter supports a strict ban on 
alcohol consumption while visiting Guffey Gorge. The comment was noted 
as supporting the rule prohibiting the possession or consumption of 
alcoholic beverages.
    These final supplementary rules implement certain decisions from 
the Guffey Gorge Management Plan on lands administered by the Royal 
Gorge Field Office. The planning area consists of approximately 80 
acres of public lands within Park County, Colorado, in the following 
described townships:

Park County, Colorado, Sixth Principal Meridian

T. 15 S., R. 71 W,
    Section 4: SE\1/4\SE\1/4\ Section 9: NE\1/4\NE\1/4\

    These final 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 supplementary rules is set forth at section 310 
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.
    These final supplementary rules will help the BLM achieve 
management objectives for the area in the following ways:
     Supplementary rule number one prohibits 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. This supplementary rule will help reduce 
disruptive behavior associated with alcohol use, improve public safety, 
and reduce litter in the area.
     Supplementary rule number two prohibits 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.
     Supplementary rule number three requires animals brought 
into the area to be on a leash and under the control of a person, or 
otherwise physically restricted. This rule will 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. This supplementary rule will 
help reduce conflicts between visitors; reduce conflicts between 
domestic animals and wildlife; and control domestic animal waste.
     Supplementary rule number four prohibits the operation of 
any device producing amplified sound, such as stereos, speakers, and 
public address systems. This supplementary rule will help restore 
opportunities for quiet recreational activities recognized as one of 
Guffey Gorge's attributes.

III. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    These supplementary rules are not significant regulatory actions 
and not subject to review by the Office of Management and Budget under 
Executive Order 12866. These supplementary rules will not have an 
annual effect of $100 million or more on the economy. They will 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 supplementary rules 
do not create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency. These supplementary rules do 
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. These 
supplementary rules merely establish rules of conduct for public use of 
a limited area of public lands.

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 an EA, DOI-BLM-CO-200-2013-040 EA. The BLM 
signed the Decision Record for the EA on June 29, 2015, and found that 
these supplementary rules would not constitute a major Federal action

[[Page 60322]]

significantly affecting the quality of the human environment under 
Section 102(2)(C) of NEPA (42 U.S.C. 4332(2)(C)). These supplementary 
rules 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 will be prohibited in the 
area, the area will 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 supplementary rules will 
have no effect on business entities of any size. These supplementary 
rules 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 will not have a 
significant economic impact on a substantial number of small entities.

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 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 will 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 supplementary rules do not impose an unfunded mandate on the 
private sector; or State, local, or tribal governments of more than 
$100 million per year, nor will these supplementary rules have a 
significant or unique effect on State, local, or tribal governments or 
the private sector. These supplementary rules 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. 1531 et seq.).

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

    These supplementary rules do not constitute a government action 
capable of interfering with constitutionally protected property rights. 
These supplementary rules will not address property rights in any form, 
and will not cause the impairment of constitutionally protected 
property rights. Therefore, the BLM has determined that these 
supplementary rules will not cause a ``taking'' of private property or 
require further discussion of takings implications under this Executive 
Order.

Executive Order 13132, Federalism

    These supplementary rules will 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 these supplementary 
rules will 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 supplementary rules will 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 supplementary rules do not include policies that have tribal 
implications, and will 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 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 supplementary rules do not constitute a significant energy 
action. These supplementary rules will 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 these supplementary rules will not impede facilitating cooperative 
conservation; will take appropriate account of and consider the 
interests of persons with ownership or other legally recognized 
interests in land or other natural resources; will properly accommodate 
local participation in the Federal decision-making process; and will 
provide that the programs, projects, and activities are consistent with 
protecting public health and safety.

Paperwork Reduction Act

    These 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.

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 establishes supplementary rules for 
approximately 80 acres of public lands in Guffey Gorge, to read as 
follows:

[[Page 60323]]

Final 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. You must not possess or consume alcoholic beverages;
    2. You must not park a motor vehicle outside of designated parking 
areas;
    3. You must not bring 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. You must not operate 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; 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 8360.0-7, or both. In accordance with 43 CFR 8365.1-7, State 
or local officials may also impose penalties for violations of Colorado 
law.

Gregory P. Shoop,
Acting BLM Colorado State Director.
[FR Doc. 2017-27413 Filed 12-19-17; 8:45 am]
 BILLING CODE 4310-JB-P