[Federal Register Volume 84, Number 132 (Wednesday, July 10, 2019)]
[Rules and Regulations]
[Pages 32845-32847]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14717]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Part 8365

[LLCAC09400 L19200000.NU0000 XXXL1109RM LRORBX619900 (MO4500135321)]


Notice of Final Supplementary Rules for Fort Ord National 
Monument, California

AGENCY: Bureau of Land Management, Interior.

ACTION: Final supplementary rules.

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SUMMARY: The California State Director of the Bureau of Land Management 
(BLM) is issuing final supplementary rules related to dog management 
and other public safety issues on public lands at Fort Ord National 
Monument (FONM), California.

DATES: These rules are effective August 9, 2019.

ADDRESSES: You may submit inquiries by mail, hand-delivery, or 
electronic mail. Mail: FONM Manager, BLM, Central Coast Field Office, 
940 2nd Avenue, Marina, CA 93933. Electronic mail: 
[email protected].

FOR FURTHER INFORMATION CONTACT: Eric Morgan, FONM Manager, Bureau of 
Land Management, Central Coast Field Office, 940 2nd Avenue, Marina, CA 
93933, at telephone: 831-582-2200, or email: [email protected]. Persons 
who use a telecommunications device for the deaf may call the Federal 
Relay Service at 800-877-8339 to contact Mr. Morgan during normal 
business hours. The Service is available 24 hours a day, 7 days a week, 
to leave a message or question. You will receive a reply during normal 
business hours.

SUPPLEMENTARY INFORMATION:

I. Background

    The former Fort Ord military installation closed in 1994. The 
Secretary of the Army transferred administration of part of the 
installation to the Department of the Interior. In 2012, the lands 
became part of the 14,651 acre FONM pursuant to Presidential 
Proclamation No. 8803. The Army continues to manage approximately 7,446 
acres of the FONM and will transfer those lands to the BLM for 
administration following a munitions cleanup being performed in 
accordance with the Comprehensive Environmental Response, Compensation, 
and Liability Act.
    On December 5, 1996, the BLM issued an emergency closure notice (61 
FR 64530) that applied to former Fort Ord lands that had been 
transferred to the Department of the Interior.
    On September 7, 2007, the BLM State Director approved a Record of 
Decision for the Southern Diablo Mountain Range and Central Coast of 
California Resource Management Plan (RMP). To protect health and public 
safety from exposure to munitions and to promote coordination with 
local law enforcement, that RMP directed the BLM's Central Coast Field 
Office to develop a dog-management plan for the FONM, which was 
completed in July 2016. As set forth later, these final rules are 
consistent with both the 2016 dog-management plan and the 2007 RMP.
    In addition to dog-management provisions, these final supplementary 
rules include revised versions of the restrictions in the 1996 
emergency closure order. In these final supplementary rules, the BLM is 
also adopting some Monterey County ordinances, in order to facilitate 
cooperation between BLM rangers and local law enforcement officials.
    The BLM California State Director proposed these supplementary 
rules in the Federal Register on November 4, 2016 (81 FR 76905). The 
BLM received no public comments in response.

II. Discussion

    These supplementary rules are necessary to support the mission of 
the BLM to protect the natural resources of the FONM, and to protect 
the health and safety of those using the public lands.
    The supplementary rules (see Section IV) are broken into three 
categories. Supplementary rules numbered 1 through 9 are new, and 
implement new direction from the approved dog-management plan. 
Supplementary rules 10 through 15 are not completely new, since they 
are revisions of previous restrictions that were established in 1996 
(see 61 FR 64530), and are consistent with the national monument 
proclamation of 2012 (i.e., Proclamation 8803), and the BLM 2007 RMP. 
Finally, supplementary rules 16 and 17 are existing Monterey County 
ordinances that the BLM has adopted as supplementary rules in order to 
facilitate cooperation between BLM rangers and local law enforcement 
officials.

III. Procedural Matters

Regulatory Planning and Review (Executive Orders 12866 and 13563)

    These final supplementary rules are not a significant regulatory 
action and are not subject to review by the Office of Management and 
Budget under Executive Orders 12866 and 13563. They do not have an 
effect of $100 million or more on the economy. The final supplementary 
rules do 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. The 
final supplementary rules do not create a serious inconsistency or 
otherwise interfere with an action taken or planned by another agency. 
The final supplementary rules do not 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. They merely impose rules of conduct and impose other 
limitations on certain recreational and commercial activities on 
certain public lands to protect natural resources and human health and 
safety.

National Environmental Policy Act

    The BLM prepared an environmental assessment (EA) that analyzed 
different dog-management alternatives on FONM under Section 102(2)(C) 
of the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 
4332(2)(C), pursuant to 43 CFR 46.205(b) and 46.210(i). On July 5, 
2016, the BLM approved the Final FONM Dog Management Plan and 
associated EA (DOI-BLM-CA-C090-2016-0021-EA) and Finding of No 
Significant Impact (FONSI). All of the final supplementary rules were 
analyzed in the Dog Plan EA and FONSI. The final supplementary rules 
are also consistent with the Record of Decision for the Southern Diablo 
Mountain Range and Central Coast of California RMP approved in 2007.

Regulatory Flexibility Act

    Congress enacted the Regulatory Flexibility Act (RFA) of 1980, 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. The final supplementary rules 
merely impose reasonable restrictions on certain recreational 
activities on public lands in order to protect natural

[[Page 32846]]

resources and the environment, and provide for human health and safety. 
Therefore, the BLM has determined under the RFA that the final 
supplementary rules do not have a significant economic impact on a 
substantial number of small entities.

Small Business Regulatory Enforcement Fairness Act

    The final supplementary rules are not a ``major rule'' as defined 
under 5 U.S.C. 804(2). The final supplementary rules merely revise the 
rules of conduct for public use of limited areas of public lands and do 
not affect commercial or business activities of any kind.

Unfunded Mandates Reform Act

    The final supplementary rules do not impose an unfunded mandate of 
more than $100 million per year on State, local, or tribal governments 
in the aggregate, or on the private sector, nor do they have a 
significant or unique effect on small governments. The final 
supplementary rules have no effect on governmental or tribal entities 
and impose no requirements on any of these entities. The final 
supplementary rules merely revise the rules of conduct for public use 
of limited areas of public lands and do not affect tribal, commercial, 
or business activities of any kind. Therefore, the BLM is not required 
to prepare a statement containing the information required by the 
Unfunded Mandates Reform Act at 2 U.S.C. 1531.

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

    The final supplementary rules do not represent a government action 
capable of interfering with constitutionally protected property rights. 
Therefore, the BLM has determined that the final supplementary rules do 
not cause a taking of private property or require further discussion of 
takings implications under this Executive Order.

Executive Order 13132, Federalism

    The final supplementary rules do 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 
final 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 the final 
supplementary rules do not unduly burden the judicial system, and that 
they meet the requirements of sections 3(a) and 3(b)(2) of Executive 
Order 12988.

Executive Order 13175, Consultation and Coordination With Indian Tribal 
Governments

    In accordance with Executive Order 13175, the BLM has found that 
the final supplementary rules do not include policies that have tribal 
implications. The final supplementary rules merely revise the rules of 
conduct for public use of limited areas of public lands.

Executive Order 13352, Facilitation of Cooperative Conservation

    In accordance with Executive Order 13352, the BLM has determined 
that these final supplementary rules do not impede facilitating 
cooperation conservation; take appropriate account of and consider the 
interests of persons with ownership or other legally recognized 
interests in land or other natural resources. The rules properly 
accommodate local participation in the Federal decision-making process, 
and provide that the programs, projects, and activities are consistent 
with protecting public health and safety.

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 (Pub. L. 106-554). In accordance with the 
Information Quality Act, the Department of the Interior (DOI) has 
issued guidance regarding the quality of information that it relies on 
for regulatory decisions. This guidance is available on the DOI's 
website at http://www.doi.gov/ocio/information_management/iq.cfm.

Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    Under Executive Order 13211, the BLM has determined that the final 
supplementary rules do not comprise a significant energy action, and 
that they do not have an adverse effect on energy supplies, production, 
or consumption.

Paperwork Reduction Act

    The final supplementary rules do not directly provide for any 
information collection that the Office of Management and Budget must 
approve under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3521. 
Moreover, any information collection that may result from Federal 
criminal investigations or prosecutions conducted under the final 
supplementary rules are exempt from the provisions of 44 U.S.C. 
3518(c)(1).

Author

    The principal author of these final supplementary rules is Eric 
Morgan, Monument Manager, Central Coast Field Office, 940 2nd Avenue, 
Marina, CA 93933.

IV. Final Supplementary Rules

    For the reasons stated in the preamble and under the authorities 
for final supplementary rules found under 43 CFR 8365.1-6, 43 U.S.C. 
1733(a), 16 U.S.C. 670h(c)(5), and 43 U.S.C. 315a, the BLM California 
State Director issues final supplementary rules for public lands 
managed by the BLM within the boundaries of the FONM, to read as 
follows:

Definitions

    Designated route means any road or trail that the BLM has signed 
and shown on trail maps where public use is authorized.
    Dog means any domestic dog that is not classified as a ``service 
animal.''
    Off-leash-opportunity route means a specific road or trail on FONM 
that has been designated by the BLM to allow some opportunities for 
dogs to be off leash under specific circumstances.
    Service animal means a dog that is individually trained to do work 
or perform tasks for people with disabilities as covered under the 
Americans with Disabilities Act.
    Street-legal vehicle means a vehicle, such as an automobile, 
motorcycle, or light truck, that is equipped and licensed for use on a 
public street and/or highway and that is subject to registration under 
the California Vehicle Code 4000(a)(1).
    Unattended dog means any dog that is unaccompanied by an owner and/
or handler whether on tether or otherwise.
    Yield means slowing or stopping forward progress to a point where 
it is possible to safely pass another visitor without injuring, 
startling, or surprising that visitor. For bicycles, the passing speed 
shall be no greater than 10 mph on roads, and 5 mph on single-track 
trails.

Final Supplementary Rules

    Unless otherwise authorized by the BLM, the following supplementary 
rules apply to all BLM-managed public lands

[[Page 32847]]

on the Fort Ord National Monument (FONM):
Final Supplementary Rules From the Dog Management Plan
    1. Dogs are not permitted in the Inland Range Planning Unit. 
Service animals accompanying a disabled person as accommodated by the 
Americans with Disabilities Act are excluded from this provision.
    2. Dogs must be under control and on a leash or cord not to exceed 
6 feet in length, at all times while on a road or trail that has not 
been designated as an ``off-leash-opportunity route.''
    3. To eliminate exposure to munitions, individuals and/or their dog 
must not walk or roam off a designated route, including any route 
designated as an ``off-leash-opportunity route.''
    4. Dogs must be under control, or kept on a leash or cord not to 
exceed 6 feet in length, on a designated ``off-leash-opportunity 
route'' when within 100 feet of another person and/or dog that is not 
with your party.
    5. Dogs must not roam over 50 feet away from you while on a 
designated ``off-leash-opportunity route.''
    6. Dogs must not enter any vernal pool or pond, or roam within 20 
feet of any such area, unless you and your dog are on a route 
designated for public use.
    7. A leash for each dog is required to be in your possession.
    8. Dogs must not be left unattended, even if on a tether, within a 
crate, or within an unoccupied motor vehicle.
    9. Visitors must yield the path, on both roads and trails, to other 
visitors in the following manner: Bicycles must yield to pedestrians 
and equestrians; and pedestrians must yield to equestrians. For 
bicycles, the passing speed shall be no greater than 10 mph on roads, 
and 5 mph on single-track trails.
Final Supplementary Rules That Clarify Existing Restrictions 
Established in 1996 and Direction From the 2007 Record of Decision
    10. Motorized vehicles and other motorized devices, including 
electronic bicycles, are prohibited on all roads and trails excluding 
Creekside Terrace Road and Badger Hills Driveway. Motorized vehicle use 
on these two roadways is restricted to highway licensed street-legal 
vehicles.
    11. Use and/or occupancy of all lands within the FONM, including 
leaving personal property unattended, is prohibited between \1/2\ hour 
after sunset and \1/2\ hour before sunrise.
    12. All use (including pet use) is restricted to designated routes 
and trails. Open routes and trails are indicated on BLM maps and signed 
with route or trail markers. Any unsigned route which does not appear 
on the most current BLM map is closed to all uses.
    13. Campfires and other open flame fires are prohibited.
    14. Possession or discharge of fireworks, including ``safe and 
sane'' fireworks, is prohibited.
    15. Wood cutting and the collection of downed wood are prohibited.
Final FONM Supplementary Rules That Are Currently Monterey County 
Ordinances
    16. It shall be unlawful for the owner or person having custody of 
any dog, either willfully or through failure to exercise due care or 
control, to allow said dog to defecate and to allow the feces 
thereafter to remain on FONM other than within trash receptacles 
provided for such purposes. This includes bagged feces--Reference 
Monterey County ordinance, 8.36.030.
    17. All dogs under 4 months of age shall be kept under control by 
the owner, keeper, or harborer when on FONM--Reference Monterey County 
ordinance, 8.20.020.
    18. Dogs on FONM shall wear a license tag attached at all times to 
a collar, harness, or other suitable device upon the dog for which the 
license tag was issued--Reference Monterey County ordinance, 8.08.040.

Exemptions

    The following persons are exempt from these final supplementary 
rules: Any Federal, State, or local 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 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 California law.

Joe Stout,
 Acting State Director, Bureau of Land Management, California.
[FR Doc. 2019-14717 Filed 7-9-19; 8:45 am]
 BILLING CODE 4310-40-P