[Federal Register Volume 86, Number 47 (Friday, March 12, 2021)]
[Rules and Regulations]
[Pages 14009-14012]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05174]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Part 8365

[212.LLAZP00000.L12200000.PM0000. LXSSA3610000]


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

AGENCY: Bureau of Land Management, Interior.

ACTION: Final supplementary rules.

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SUMMARY: The Bureau of Land Management (BLM) is finalizing 
supplementary rules on selected public lands administered by the 
Hassayampa and Lower Sonoran Field Offices. These rules are being 
established by the Arizona State Director of the BLM to provide for 
public health and safety and to reduce user conflicts within developed 
recreation areas (or sites), including recreational shooting sports 
sites.

DATES: These supplementary rules are effective April 12, 2021.

ADDRESSES: You may submit inquiries by any of the following methods:
    [ssquf] Mail: BLM, Phoenix District, Attention: Braden Yardley, 
21605 North 7th Avenue, Phoenix, AZ 85027.
    [ssquf] Email: [email protected].

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. Background

    These final 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. In January 2020, the BLM 
Phoenix District 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 supports the 
establishment of the final supplementary rules and is 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 part 8365) apply in addition to 
these final supplementary rules.
    To promote safe use and operation of each site, these supplementary 
rules are necessary to manage behavior. Within developed recreation 
areas established for recreational shooting sports, the discharge of 
firearms is allowed where authorized (see 43 CFR 8365.2-5). Each 
recreation area will be posted with appropriate signage at access 
points.

II. Discussion of Public Comments and Final Supplementary Rules

    The BLM Arizona State Director proposed these supplementary rules 
in the Federal Register on August 17, 2020 (85 FR 49995). Final 
supplementary rules 1 through 4 apply to existing developed recreation 
areas throughout the Phoenix District, and to future developed 
recreation areas. The rest of the final supplementary rules apply only 
to the recreational shooting sports sites and any future recreational 
shooting sports sites within the district.
    The notice announced a 60-day public comment period on the proposed 
supplementary rules including the long-term closure of the Hazardous 
Exclusion Areas to public entry for public safety. The Hazardous 
Exclusion Area is the area within a recreational shooting sports site 
where errant/ricochet projectiles could potentially land. The BLM 
notified by email approximately 215 individuals, organizations, and 
agencies of the comment period. This notification included Arizona Game 
and Fish Department and the Federal Lands Hunting, Fishing and Shooting 
Sports Roundtable. The BLM also published a news release and legal 
notice advertising the comment period. The news release was published 
in the Wickenburg Sun and Daily Independent on August 17, 2020. The 
legal notice was published in the Arizona Business Gazette on August 
20, 2020.
    The comment period ended on October 16, 2020. The BLM received 11 
comment emails and letters to consider. Most of the commenters 
supported the supplementary rules without further substantive comments. 
A coalition of 18 recreation and conservation organizations endorsed 
the proposed long-term closures as needed for public safety. One 
commenter stated the long-term closure areas should be expanded. 
According to the John D. Dingell, Jr. Conservation, Management, and 
Recreation Act, closures should be the smallest area required for 
public safety. The Hazardous Exclusion Areas were based on Department 
of Energy guidance for calculating areas that could

[[Page 14010]]

be impacted by ricochet/errant bullets. No changes were made to the 
Hazardous Exclusion Area rule (supplementary rule 13), implementing the 
long-term closures, resulting from public comments. A final decision 
authorizing the long-term closure of approximately 539 acres within the 
Hazardous Exclusion Areas is available online at: https://eplanning.blm.gov/eplanning-ui/project/2000693/510.
    The BLM received several comments primarily focused on rules 8 
(hours of operation), 10 (authorized targets), and 12 (authorized 
ammunition). A commenter raised concerns that proposed supplementary 
rules 8, 10 and 12 referenced future operating plans that have not yet 
been created and were not provided for public review. Rule 8 addresses 
the shooting site operation hours. The commenter requested that the BLM 
consider designating operating hours from 9:00 a.m. to 5:00 p.m. The 
commenter proposed these hours, more restrictive than state statutory 
requirements, due to concerns of user conflicts from other public land 
users and to provide harmony with adjacent properties. Proposed Rules 
10 and 12 were not specific regarding restrictions on targets and 
ammunition but deferred to future operating plans. A commenter 
requested the BLM provide specific language about these restrictions in 
the regulatory language. The BLM agrees with the commenter in part and 
the following paragraph explains how the BLM modified final rules 8, 
10, and 12 to address these comments.
    Prior to the opening of a site, an operating plan for it will be 
available to the public at the Phoenix District Office (see ADDRESSES) 
and at www.blm.gov. Related to rule 8, the range hours will be set 
within the restricted time frame listed in Arizona Revised Statute 
section 17-604, which prohibits outdoor shooting ranges from operating 
from 10:00 p.m. through 7:00 a.m. The operating hours will be disclosed 
in each site's operating plan and posted at each site. Proposed Rule 10 
has been revised in the final rules to define and give examples of 
authorized targets that can be used at those sites where shooters are 
allowed to supply their own targets. Final Rule 10 also addresses 
prohibited targets. These will also be further described in the 
operating plan for each site. Final Rule 12 has been revised to specify 
the ammunition restrictions for rifles, handguns, and shotguns. It 
specifies that rifles and handgun ammunition is restricted to .50 
caliber or less and it prohibits the use of steel core, armor-piercing, 
incendiary, and tracer ammunition, and paintball equipment.
    Proposed Rules 3, 6, 7, and 14 were revised in the Final Rule based 
on recommendations from BLM staff. Rule 3 has been revised to define 
``disorderly conduct.'' Final Rule 6 has been clarified to say that no 
projectile device may be discharged while an individual is beyond the 
designated firing line. Final Rule 7 added the line, ``as defined by 
State and/or Federal law'' to clarify the laws pertaining to the use 
and consumption of alcohol and illegal drugs at the shooting sports 
site. The word ``berms'' was removed from Rule 14 to clarify that 
firearms may only be discharged at authorized targets with a developed 
or designated backstop and not into side berms constructed to delineate 
shooting lanes.

III. Procedural Matters

Executive Orders 12866 and 13563, Regulatory Planning and Review

    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 Order 12866. These supplementary rules do not 
have an effect of $100 million or more on the economy.
    These final supplementary rules establish rules for recreational 
shooting sports sites to protect public health and safety and avoid 
user conflicts. These 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. These final supplementary rules do 
not create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency. These final 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 
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.

National Environmental Policy Act

    The BLM prepared an EA and found that these 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, 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 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, 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 final 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 final supplementary rules do not 
have a significant economic impact on a substantial number of small 
entities.

Small Business Regulatory Enforcement Fairness Act

    These final supplementary rules do not constitute ``major rules'' 
as defined at 5 U.S.C. 804(2). These final 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 final supplementary rules have no effect on 
business, commercial, or industrial use of the public lands.

Unfunded Mandates Reform Act

    These final 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 final supplementary rules have a 
significant or unique effect on state, local, or tribal governments or 
the private sector. The final 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.).

[[Page 14011]]

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

    These final supplementary rules do not represent a government 
action capable of interfering with constitutionally protected property 
rights. These final 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 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

    These final supplementary rules do 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 final 
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 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 these 
final supplementary rules do 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 final supplementary rules do not include policies that have 
tribal implications and 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 final 
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 final 
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 
final supplementary rules do not impede the facilitation of cooperative 
conservation. These final supplementary rules 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 final 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 final 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 final supplementary rules do 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.

Final Supplementary Rules

Author

    The principal author of these supplementary rules is Braden 
Yardley, 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, establishes 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 or 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 in the 
trash.
    (3) You must not engage in disorderly conduct including, but not 
limited to: Fighting, violent or seriously disruptive behavior; using 
abusive or offensive language or gestures to any person present in a 
manner likely to provoke immediate physical retaliation by such person; 
refusing to obey a lawful order; or recklessly handling, displaying or 
discharging a deadly weapon or dangerous instrument.
    (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 will 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 or any other projectile device 
while an individual is beyond the designated firing line.
    (7) You must not use, possess, consume, or be under the influence 
of alcohol or controlled substances as defined by State and/or Federal 
law.
    (8) You must only use a site during the designated operating hours 
as defined in the BLM Phoenix District's operating plan, which will 
also be posted at each site and listed on the BLM's website 
www.blm.gov, and consistent with State law.
    (9) You must not climb on any buildings or structures, occupied or 
unoccupied.
    (10) You must only use authorized stationary targets as specified 
in the operating plan for each site. These targets may be made of 
cardboard, paper, self-healing, steel, and

[[Page 14012]]

biodegradable clay (clay targets). All other items, such as aluminum 
cans, glass bottles, bowling pins, plastic bottles and other items 
which may leave debris, are not authorized to be used as targets. 
Exploding targets are prohibited. All user-supplied steel targets must 
be specifically designed for use with firearms and must be used at a 
distance of 100 yards or greater. Target frames must be designed to be 
reusable. The use of wooden pallets and other items not specifically 
designed as target frames are not authorized. All user-supplied 
targets, target frames, and debris must be removed from the site and 
disposed of properly after use and before leaving the site.
    (11) You must not enter a site for any purpose other than 
activities associated with recreational shooting.
    (12) Rifles and handguns are restricted to ammunition that is .50 
caliber or less. Common shotgun ammunition, such as birdshot, buckshot, 
and slugs, is authorized. Sporting clay and skeet ranges are restricted 
to birdshot only. Steel core, armor-piercing, incendiary, and tracer 
ammunition and paintball equipment is prohibited.
    (13) You must not enter the Hazardous Exclusion Areas.
    (14) You must discharge a firearm only from a designated firing 
line towards an authorized target with a developed or designated 
backstop.
    (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 are exempt from these supplementary rules: 
(1) Any Federal, State, and local government employee, including law 
enforcement, fire fighting, and search and rescue, acting within the 
scope of their duties and (2) persons, agencies, municipalities, or 
companies holding a 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,
State Director, Bureau of Land Management, Arizona.
[FR Doc. 2021-05174 Filed 3-11-21; 8:45 am]
BILLING CODE 4310-32-P