[Federal Register Volume 85, Number 159 (Monday, August 17, 2020)]
[Proposed Rules]
[Pages 49995-49998]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16640]



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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Part 8365

[LLAZP00000.L122000000.DF0000.LXSSA3610000]


Notice of Proposed Supplementary Rules for Selected Public Lands 
in Gila, Maricopa, Pima, Pinal and Yavapai Counties, AZ

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of proposed supplementary rules.

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SUMMARY: The Bureau of Land Management (BLM) is proposing supplementary 
rules on selected public lands administered by the Hassayampa and Lower 
Sonoran Field Offices. These rules are needed in order to protect 
public health and safety and to reduce user conflicts within developed 
recreation areas (or sites), including recreational shooting sports 
sites. In compliance with the John D. Dingell, Jr. Conservation, 
Management, and Recreation Act (Dingell Act), notice is hereby given 
that for public safety, one of the proposed supplementary rules would 
close public lands within the designated Hazardous Exclusion Area at 
each recreational shooting sports site to public entry, including entry 
for hunting, fishing, and recreational shooting activities. These 
proposed closures are necessary to ensure public safety adjacent to 
shooting facilities.

DATES: Interested parties may submit written comments regarding the 
proposed supplementary rules no later than October 16, 2020.

ADDRESSES: You may submit comments by any of the following methods:
    [ssquf] BLM National Environmental Policy Act website: https://go.usa.gov/xmfVv.
    [ssquf] Mail: BLM, Phoenix District Office, Attention: Tyler 
Lindsey, 21605 North 7th Avenue, Phoenix, AZ 85027.

FOR FURTHER INFORMATION CONTACT: John (Jake) Szympruch, District Chief 
Law Enforcement Ranger at email: [email protected]; Lane Cowger, 
Hassayampa Field Office Manager at email: [email protected]; or Edward J. 
Kender, Lower Sonoran Field Office Manager at email: [email protected]; 
or at 623-580-5500. Persons who use a telecommunications device for the 
deaf (TDD) may call the Federal Relay Service (FRS) at 1-800-877-8339 
to contact one of the above individuals. The FRS 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. Public Comment Procedures

General Notice Comments on Proposed Supplementary Rules

    You may mail comments to Tyler Lindsey, or comment directly online 
at the addresses listed above (See ADDRESSES). Written comments on the 
proposed supplementary rules should be specific, confined to issues 
pertinent to the proposed rules, and should explain the reason for any 
recommended change. Where possible, comments should reference the 
specific section or paragraph of the proposal that the commenter is 
addressing. The BLM is not obligated to consider, or include in the 
Administrative Record for the final supplementary rules, comments 
delivered to an address other than those listed above (See ADDRESSES) 
or comments that the BLM receives after the close of the comment period 
(See DATES), unless they are postmarked or electronically dated before 
the deadline.
Comments on Proposed Closure
    Under the Dingell Act (16 U.S.C. 7913 (b)(2)(A)), and in compliance 
with 43 CFR 8364.1, the BLM is required to consider public comments 
when closures are proposed and would affect hunting, fishing, and 
recreational shooting on public lands. Within developed recreation 
areas where the primary purpose is recreational shooting, a designated 
Hazardous Exclusion Area where errant/ricochet projectiles could 
potentially land has been delineated based on geospatial review of 
topographic features and in coordination with the Arizona Game and Fish 
Department. Each Hazardous Exclusion Area proposed for closure is the 
smallest area required for public safety adjacent to shooting 
facilities and would remain closed for as long as the recreational 
shooting sports site is available for public use. Proposed 
supplementary rule 13 would prohibit entry into the Hazardous Exclusion 
Areas.
    This notice announces the beginning of the 60-day comment period 
for the proposed closure of public lands within Hazardous Exclusion 
Areas to all entry, whereby comments on impacts to hunting, fishing, 
and recreational shooting are being accepted by the BLM. Following the 
public comment period, the BLM will respond in a reasonable manner to 
the comments received, will explain how significant issues were 
resolved, and will issue a final decision on the proposed closure made 
available online at: https://go.usa.gov/xmfVv.
    Comments, including names, street addresses, and other contact 
information for respondents, will be available for public review at the 
Phoenix District Office, 21605 North 7th Avenue, Phoenix, AZ 85027, 
listed in ADDRESSES, during regular business hours (8 a.m. to 4:30 
p.m., Monday through Friday, except Federal holidays). Before including 
your address, phone number, email address, or other personal 
identifying information in your comment, you should be aware that your 
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

    These proposed supplementary rules are necessary for the protection 
of public lands and resources and for the protection, well-being, and 
health and safety of those using public lands. Proposed supplementary 
rules 1 through 4 would apply to existing developed recreation areas 
throughout the Phoenix District Office, and to future developed 
recreation areas. The rest of the proposed supplementary rules would 
apply only to the recreational shooting sports sites and any future 
recreational shooting sports sites within the district.
    In January 2020, the BLM Phoenix District Office approved the 
construction of five recreational shooting sports sites (Baldy 
Mountain, Box Canyon, Church Camp Road, Narramore Road, and Saddleback 
Mountain) in the Recreational Shooting Sports Project Final 
Environmental Assessment (EA). The EA was in conformance with the two 
applicable land use plans, the Bradshaw-Harquahala Approved Resource 
Management Plan and Record of Decision (Bradshaw-Harquahala RMP (BLM 
2010)) and the Lower Sonoran Approved Resource Management Plan and 
Record of Decision (Lower Sonoran RMP (BLM 2012)). As a result of 
improvements, each site would meet the ``developed recreation site and 
area'' definition found in 43 Code of Federal Regulations (CFR) 8360.0-
5. Existing rules associated with developed recreation sites and areas 
(43 CFR 8365) would apply in addition to these proposed supplementary 
rules.
    To promote safe use and operation of each site, supplementary rules 
of conduct would be needed to manage behavior. Within developed 
recreation areas established for recreational

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shooting sports, the discharge of firearms would be allowed where 
authorized (see 43 CFR 8365.2-5). Each recreation area would be posted 
with appropriate signage at access points. Immediately adjacent to 
shooting facilities (facility area) would be a designated Hazardous 
Exclusion Area. Each Hazardous Exclusion Area is required for public 
safety and would be enclosed within a perimeter fence. Given the 
complexity of the terrain and uncertainties about where the actual 
fence line will be constructed, the BLM estimates 539 acres of public 
lands would be closed to public entry, as depicted on maps found at 
https://go.usa.gov/xmfVv. The combination of the shooting facility area 
and the Hazardous Exclusion Area defines the boundary of the 
recreational shooting sports site. Appropriate warning signage would be 
installed and maintained.

III. Discussion of Proposed Supplementary Rules

    Proposed supplementary rules 1 through 4 would apply to all 
developed recreation areas and sites within the Phoenix District 
boundary. In addition to supplementary rules 1 through 4, supplementary 
rules 5 through 16 would apply within recreational shooting sports 
sites.
    Supplementary Rule 1 would prevent activities that would impede 
access to or through areas (or sites). The proposed rule is similar to 
an existing rule for National Forest System roads and trails found at 
36 CFR 261.12(d)).
    Supplementary Rule 2 would prevent improper disposal of pet waste, 
in a manner consistent with Pima County Code 7.29.030, which requires 
responsible storage and disposal of solid waste, and provides for 
hygiene, health, and safety for users.
    Supplementary Rule 3 would address user conduct in a manner 
consistent with Arizona Revised Statue (ARS) 13-2904 describing 
``Disorderly conduct.''
    Supplementary Rule 4 would combine existing regulations to protect 
wildlife, livestock, and vegetation from recreational shooting within 
developed recreation areas and sites.
    Supplementary Rule 5 would limit the potential for personal 
property to be left behind by the public, unless authorized. The 
existing rule for developed recreation sites or areas found at 43 CFR 
8365.2-3 limits leaving personal property to 24 hours or less in 
developed picnic day-use areas or 72 hours or less in developed camping 
areas. The proposed rule would be more restrictive and is needed to 
address recreational shooting sports sites specifically.
    Supplementary Rule 6 would prohibit firearm discharge while any 
individual is in front of the designated firing line to protect public, 
contractor, volunteer, and BLM employee safety.
    Supplementary Rule 7 would address drug and/or alcohol related 
concerns within recreational shooting sports sites for the purpose of 
public health and safety. Existing supplementary rules only address 
underage drinking and open containers of alcohol while operating or 
riding on/in motor vehicles.
    Supplementary Rule 8 would establish hours of operation for 
recreational shooting sports sites in the operating plans. Site hours 
would be posted at the site and on the agency's website and would 
depend on time of year and type of use. Flexibility in operating times 
are needed to appropriately enforce times of use.
    Supplementary Rule 9 would prohibit climbing on buildings or 
structures, unless authorized, to protect public safety.
    Supplementary Rule 10 would limit the use of targets, as 
established through the operating plan and as posted at each site, for 
the purpose of managing shooting related waste.
    Supplementary Rule 11 would restrict the public from impeding 
recreational target shooting and provide the ability to manage sites 
for their intended use.
    Supplementary Rule 12 would limit the use of ammunition as 
established through the operating plan, and as posted at each site and 
on the agency's website, for the purpose of promoting safe shooting 
practices and managing shooting related waste.
    Supplementary Rule 13 would prohibit access into the Hazardous 
Exclusion Areas to avoid projectile or ricochet concerns and promote 
public safety. The Hazardous Exclusion Areas will be posted with 
appropriate signage.
    Supplementary Rule 14 would restrict the direction of firearm 
discharge into appropriate backstops to reduce resource damage and to 
protect public, contractor, volunteer, and BLM employee safety.
    Supplementary Rule 15 would establish site capacity user limits 
through the operating plan and as posted. The limiting of the number of 
users would provide for user safety.
    Supplementary Rule 16 would align with a local shooting range 
policy by stating that children under the age of 16 must be accompanied 
by a responsible adult within the recreational shooting sports site for 
the purpose of promoting safety.

IV. Procedural Matters

Executive Orders 12866 and 13563, 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. These proposed supplementary rules 
would not have an effect of $100 million or more on the economy.
    These proposed supplementary rules would establish rules for 
recreational shooting sports sites to protect public health and safety 
and avoid user conflicts. These proposed 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 alter the budgetary effects 
of entitlements, grants, user fees, or loan programs or the right or 
obligations of their recipients, nor do these rules raise novel legal 
or policy issues. These proposed supplementary rules protect resources 
and human health and safety, and enable BLM law enforcement personnel 
to efficiently enforce, where appropriate, regulations pertaining to 
unlawful usage of a recreation area (or site) in a manner consistent 
with state and local laws, ordinances, regulations, or orders on public 
lands.

Clarity of the Supplementary 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

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SUPPLEMENTARY INFORMATION section of this preamble helpful to your 
understanding of 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 have on the clarity of the proposed 
supplementary rules to an address specified in the ADDRESSES section.

National Environmental Policy Act (NEPA)

    The BLM prepared an EA and found that these 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 (NEPA), 42 U.S.C. 4332(2)(C). 
The BLM completed a 30-day scoping period and a 15-day public review of 
the draft EA in 2019.
    The BLM completed the EA to analyze the construction and operation 
of the recreational shooting sports sites which included the proposed 
supplementary rules. The Decision Record for this EA was signed in 
January 2020. The BLM has placed the EA and associated documents in the 
administrative record at the addresses specified in the ADDRESSES 
section.

Regulatory Flexibility Act

    Congress enacted the Regulatory Flexibility Act of 1980 (RFA), as 
amended, 5 U.S.C. 601, et seq., to ensure that Government regulations 
do not unnecessarily or disproportionately burden small entities. The 
RFA requires a regulatory flexibility analysis if a rule has a 
significant economic impact, either detrimental or beneficial, on a 
substantial number of small entities. These proposed supplementary 
rules do not pertain specifically to commercial or governmental 
entities of any size but contain rules to protect the health and safety 
of the public and reduce user conflicts on public lands within the 
Hassayampa and Lower Sonoran Field Office areas. Therefore, the BLM has 
determined, under the RFA, that these proposed supplementary rules do 
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 ``major 
rules'' as defined at 5 U.S.C. 804(2). These proposed supplementary 
rules are intended to manage behavior and establish rules of conduct in 
developed recreation areas (or sites) within the Hassayampa and Lower 
Sonoran Field Office areas. These proposed supplementary rules would 
have no effect on business, commercial, or industrial use of the public 
lands.

Unfunded Mandates Reform Act

    These proposed supplementary rules do not impose an unfunded 
mandate on state, local, or tribal governments or the private sector of 
more than $100 million per year, nor do the proposed supplementary 
rules have a significant or unique effect on state, local, or tribal 
governments or the private sector. The 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 do not represent 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 anyone's property 
rights. Therefore, the BLM has determined that these proposed 
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

    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 in only one state, Arizona, and do not 
address jurisdictional issues involving the Arizona State government. 
Therefore, in accordance with Executive Order 13132, 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 rules 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 
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. Since 
these proposed supplementary rules do not change BLM policy and do not 
involve Indian reservation lands or resources, we have determined that 
the government-to-government relationships remain unaffected. These 
proposed supplementary rules affect developed recreation areas (or 
sites), including recreational shooting sports sites on public lands 
managed by the BLM Hassayampa and Lower Sonoran Field Offices.

Executive Order 13352, Facilitation of Cooperative Conservation

    Under Executive Order 13352, the BLM has determined that these 
proposed supplementary rules would not impede the facilitation of 
cooperative conservation. These proposed supplementary rules would take 
appropriate account of, and consider the interests of, persons with 
ownership or other legally recognized interests in land or other 
natural resources; 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 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

    The proposed supplementary rules do not constitute a significant 
energy action since they have no impact on energy supplies, production, 
or consumption, and have no connection with energy policy.

Paperwork Reduction Act

    These proposed supplementary rules do not contain information 
collection requirements that the Office of Management and Budget must 
approve

[[Page 49998]]

under the Paperwork Reduction Act, 44 U.S.C. 3501, et seq.

Proposed Supplementary Rules

Author

    The principal author of these proposed supplementary rules is Tyler 
Lindsey, Project Manager, Phoenix District Office, Bureau of Land 
Management.
    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 Arizona 
State Director, BLM, proposes to establish the following supplementary 
rules for all BLM developed recreation sites and areas, in addition to 
supplementary rules specific to recreational shooting sports sites, 
within the Phoenix District boundary, Arizona, to read as follows:

Definitions

    Developed recreation sites and areas, as defined by 43 CFR 8360.0-
5(c), means sites and areas that contain structures of capital 
improvements primarily used by the public for recreation purposes.
    Hazardous Exclusion Area means a designated area within a 
recreational shooting sports site where errant/ricochet projectiles 
could potentially land.
    Recreational shooting sports site means a developed recreation site 
or area meeting the definition found at 43 CFR 8360.0-5(c) and where 
the primary purpose is recreational shooting.

Rules and Prohibited Acts Within Developed Recreation Sites and Areas

    (1) You must not block, restrict, place signs, create a hazardous 
condition, or otherwise interfere with the use of a road, gate, or 
other legal access to and/or through a developed recreation site or 
area boundary.
    (2) You must pick up and properly dispose of pet excrement.
    (3) You must not engage in disorderly conduct as described in 
Arizona Revised Statute 13-2904.
    (4) You must not shoot at wildlife, livestock, or vegetation.

Rules and Prohibited Acts Within Recreational Shooting Sports Sites

    In addition to the preceding supplementary rules, the following 
rules would apply within a recreational shooting sports site:
    (5) You must not leave any personal property unattended within a 
site.
    (6) You must not discharge a firearm while an individual is past 
the designated firing line.
    (7) You must not use, possess, consume, or be under the influence 
of alcohol or controlled substances.
    (8) You must not use a site during the restricted times outlined in 
the operating plan, posted at each site, and listed on the agency's 
website.
    (9) You must not climb on any buildings or structures, occupied or 
unoccupied.
    (10) You must only use authorized targets as outlined in the 
operating plan and as posted at each site.
    (11) You must not enter a site for any purpose other than 
activities associated with recreational shooting.
    (12) You must only use authorized ammunition as outlined in the 
operating plan, posted at each site, and listed on the agency's 
website.
    (13) You must not enter the Hazardous Exclusion Areas.
    (14) You must discharge a firearm only from a designated firing 
line and into developed backstops and berms.
    (15) You must not exceed the maximum occupancy posted at each site.
    (16) Children under 16 must be accompanied by a responsible adult 
while in a site.

Exemptions

    The following persons would be exempt from the proposed 
supplementary rules: Any Federal, state, local, and/or military 
employee acting within the scope of their duties; members of any 
organized rescue or fire-fighting force performing an official duty; 
and persons, agencies, municipalities, or companies holding an existing 
special-use permit or written authorization from an authorized officer 
and operating within the scope of their permit or authorization.

Penalties

    On public lands under section 303(a) of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1733(a) and 43 CFR 8360.0-7), any 
person who violates any of these supplementary rules may be tried 
before a United States Magistrate and fined no more than $1,000, 
imprisoned for no more than 12 months, or both. Such violations may 
also be subject to enhanced fines provided for by 18 U.S.C. 3571.

Raymond Suazo,
Bureau of Land Management, State Director, Arizona.
[FR Doc. 2020-16640 Filed 8-14-20; 8:45 am]
BILLING CODE 4310-32-P