[Federal Register Volume 86, Number 148 (Thursday, August 5, 2021)]
[Rules and Regulations]
[Pages 42735-42738]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16535]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Part 8360

[18X LLAKF0000 L12200000.DD0000 LXSS002L0000]


Final Supplementary Rules for Public Lands Managed by the Eastern 
Interior Field Office at the Fairbanks District Office Administrative 
Site, Fairbanks, Alaska

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 for all BLM-managed public lands within the 
Fairbanks District Office administrative site. These rules are 
necessary to enhance the safety of visitors, protect natural resources, 
improve recreation experiences and opportunities, and protect public 
health.

DATES: These supplementary rules are effective September 7, 2021.

ADDRESSES: You may send inquiries by mail, email, or hand delivery. 
Mail or hand delivery: Michelle Ethun, Fairbanks District Office, 
Bureau of Land Management, 222 University Avenue, Fairbanks, AK 99709. 
Email: [email protected] (Include ``final supplementary rules'' 
in subject line).

FOR FURTHER INFORMATION CONTACT: Michelle Ethun, Fairbanks District 
Office, Bureau of Land Management, 222 University venue, Fairbanks AK 
99709, 907-474-2200. People who use a telecommunications device for the 
deaf (TDD) may call the Federal Relay Service (FRS) at 1-800-877-8339 
to contact the above individual during normal business hours. You can 
access the FRS 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

    The Fairbanks District Office building is located within a densely 
developed, mixed residential/commercial area of Fairbanks, Alaska, on 
BLM-managed public lands within the boundaries of the Eastern Interior 
Field Office along the bank of the Chena River. In addition to visitors 
to these offices, the public often uses the open space adjacent to the 
office building to picnic, walk dogs, or access the Chena River. 
Visitors encounter inconsistent rules regarding appropriate conduct at 
the Fairbanks District Office administrative site. This inconsistency 
hampers the BLM's ability to provide a safe visitor experience and 
minimize conflicts among users.
    These final supplementary rules establish a consistent set of rules 
for the Fairbanks District Office administrative site. Absent such 
rules, BLM Law Enforcement Rangers face impediments to preventing acts 
that compromise public health and safety, such as open fires in 
proximity to office buildings, overnight/long-term occupancy, 
unattended domestic animals, and unattended vehicles. The highly 
urbanized nature of the Fairbanks District Office administrative site, 
and its location in Class C-E airspace on final approach to Fairbanks 
International Airport as well as the adjacent State Division of 
Forestry-Interagency Fire helipad, make some uses of public lands 
inappropriate; for example, no person may operate an aerial drone in a 
manner that interferes with neighboring Forestry helipads (14 CFR 
107.43). In addition, enforcing State laws and/or borough ordinances is 
administratively more difficult for BLM Law Enforcement Rangers than 
enforcing established BLM rules. The BLM is establishing these 
supplementary rules under the authority of 43 CFR 8365.1-6, which 
authorizes BLM State Directors to establish supplementary rules for the 
protection of persons, property, and public lands and resources. There 
are currently no existing supplementary rules for the Fairbanks 
District Office administrative site. The administrative site is all 
property and lands encompassed within the land parcels managed by the 
BLM within the Fairbanks North Star Borough, legal address 222 
University Avenue, Fairbanks, AK 99709, described as:

Fairbanks Meridian, Alaska

T. 1 S., R. 1 W.,
    Sec. 7, lots 63 and 69.

    The area described here aggregates 11.41 acres.

    You may obtain a map of the Fairbanks District Office 
administrative site in Fairbanks, Alaska, by contacting the office (see 
ADDRESSES) or by accessing the following web page. https://eplanning.blm.gov/eplanning-ui/project/71962/510.

II. Discussion of Public Comments and Final Supplementary Rules

    In general, the BLM uses supplementary rules for permanent, site-
specific regulations where general BLM regulations do not meet the 
specific management needs of a site's unique characteristics. Most 
common are rules for recreation areas or administrative sites, such as 
the Fairbanks District Office administrative site. These final 
supplementary rules apply to 11.41 acres of BLM-managed public lands 
comprising the BLM Fairbanks District Office administrative site. These 
final rules address general public conduct and public safety concerns 
at the BLM facility.
    BLM Law Enforcement Rangers will enforce rules only in relation to 
BLM-managed lands above the mean high water line of the Chena River. 
Nothing in these final rules imparts any new or special authority or 
jurisdiction to BLM Law Enforcement Rangers on or within the navigable 
waters of the State of Alaska or airspace managed by the Federal 
Aviation Administration. The final rules seek to minimize conflicts 
with the Fairbanks District Office administrative site's year-round 
heavy use by employees, volunteers, school groups, contractors, and the 
public. During the drafting of these rules, which include provisions 
that address hunting and trapping, the BLM consulted with the Fairbanks 
Region of the Alaska Department of Fish and Game, which did not object. 
The Alaska Department of Fish and Game has closed the Chena

[[Page 42736]]

River to beaver trapping downstream from its confluence with the Little 
Chena River by State trapping regulations, and the closure area 
encompasses the segment of the River's riparian corridor adjoining the 
BLM Fairbanks District Office administrative site.
    Supplementary rules 3-4, 7, and 10-11 are consistent with existing 
State laws or regulations and municipal ordinances and will facilitate 
cooperation between BLM Law Enforcement Rangers and local or State 
authorities. Supplementary rules 1, 5, and 8-9 are new. Supplementary 
rules 2, 6, and 12-13 implement minor modifications or revisions to 
existing BLM regulations in order to improve enforcement and better 
align with the Fairbanks administrative site's urban environment.
    The BLM published proposed supplementary rules in the Federal 
Register on November 21, 2017 (82 FR 55340). Publication of the 
proposed rules started a 60-day public comment period that ended on 
January 22, 2018. The BLM received 80 written comments on the proposed 
rule. One comment from a member of the public was supportive of 
prohibiting hunting and trapping at the administrative site.
    The Alaska Department of Fish and Game asked for clarification that 
the rule would not prohibit the Department from issuing permits for the 
harvest of nuisance beavers from the Administrative site. The 
Department has issued such permits along the Chena River, near the 
Administrative site in the past. The BLM did not make any changes to 
the supplementary rules in response to Alaska Department of Fish and 
Game's comment because the rule allows the BLM to provide exemptions 
for this type of activity. Persons, agencies, municipalities or 
companies holding a valid special-use permit from the BLM and operating 
within the scope of their permit are exempt from any of the 
supplementary rules that are in conflict with the permit. Additionally, 
the Authorized Officer has discretion to authorize exemptions from the 
supplementary rules. Therefore, the BLM could exempt a permittee 
authorized by the Alaska Department of Fish and Game to harvest 
nuisance beavers from the Administrative site from these supplementary 
rules either by issuing a BLM special-use permit or by issuing a 
specific exemption.
    The remaining comments are not pertinent to these supplementary 
rules. The BLM has not revised the rules in response to them.
    On its own initiative, the BLM revised the proposed supplementary 
rules in order to clarify, simplify, and remove duplicative or 
unnecessary rules. Through this process, the BLM reduced the number of 
rules from 27 to 13. For example, the proposed rule included three 
prohibited acts related to weapons and/or firearms. The BLM determined 
that these were duplicative and that prohibited act 3 is sufficient. 
The BLM clarified that the definition of ``camping'' is limited to 
lands above mean high water on the Chena River. The BLM revised the 
definition of ``explosives'' in order to update the definition's 
reference to a list of explosive materials published and revised at 
least annually in the Federal Register by the U.S. Department of 
Justice.

III. Procedural Matters

Executive Order 12866 and 13563, Regulatory Planning and Review

    Executive Order 12866 provides that the Office of Information and 
Regulatory Affairs in the Office of Management and Budget will review 
all significant rules. These supplementary rules are not a significant 
regulatory action and are not subject to review by the Office of 
Information and Regulatory Affairs under Executive Order 12866.
    Executive Order 13563 reaffirms the principles of Executive Order 
12866 while calling for improvements in the nation's regulatory system 
to promote predictability, to reduce uncertainty, and to use the best, 
most innovative, and least burdensome tools for achieving regulatory 
ends. The executive order directs agencies to consider regulatory 
approaches that reduce burdens and maintain flexibility and freedom of 
choice for the public where these approaches are relevant, feasible, 
and consistent with regulatory objectives. Executive Order 13563 
emphasizes further that regulations must be based on the best available 
science and that the rulemaking process must allow for public 
participation and an open exchange of ideas. The BLM's State Office in 
Alaska has developed these supplementary rules in a manner consistent 
with these requirements.

National Environmental Policy Act (NEPA)

    These supplementary rules do not constitute a major Federal action 
significantly affecting the quality of the human environment. A 
detailed statement under the National Environmental Policy Act of 1969 
is not required because the BLM reached a Finding of No Significant 
Impact (FONSI). Through an interdisciplinary review, the BLM Eastern 
Interior Field Office prepared an Environmental Assessment (DOI-BLM-AK-
F020-2017-0006-EA) and made it available on the BLM Eastern Interior 
Field Office NEPA register for public inspection on February 14, 2017, 
along with a draft FONSI. The Environmental Assessment and draft FONSI 
were available for public review on the BLM NEPA register for 30 days. 
The BLM's State Office in Alaska did not receive any comments. The 
Eastern Interior Field Manager signed a Decision Record to move forward 
with the proposed supplementary rule on March 17, 2017. These documents 
are available online at https://eplanning.blm.gov/eplanning-ui/project/71962/510.

Regulatory Flexibility Act

    These supplementary rules 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.).

Small Business Regulatory Enforcement Fairness Act

    These supplementary rules do not comprise a major rule under 5 
U.S.C. 804(2), the Small Business Regulatory Enforcement Fairness Act. 
These supplementary rules:
    (a) Do 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) Do 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.
    These supplementary rules merely establish rules of conduct for use 
of certain public lands and do not affect commercial or business 
activities of any kind.

Unfunded Mandates Reform Act

    These 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. These rules do not have a significant or unique 
effect on State, local, or tribal governments or the private sector. 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, Takings

    These supplementary rules do not effect a taking of private 
property or otherwise have taking implications under Executive Order 
12630. These

[[Page 42737]]

rules do not address property rights in any form, and do not cause the 
impairment of one's property rights. A takings implication assessment 
is not required.

Executive Order 13132, Federalism

    Under the criteria in section 1 of Executive Order 13132, these 
rules do not have sufficient federalism implications to warrant the 
preparation of a federalism summary impact statement. These rules do 
not conflict with any Alaska State law or regulation. A federalism 
summary impact statement is not required.

Executive Order 12988, Civil Justice Reform

    These supplementary rules comply with the requirements of Executive 
Order 12988. Specifically, these rules:
    (a) Meet 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) Meet 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. The BLM's State Office 
in Alaska has evaluated these supplementary rules under the 
Department's consultation policy and under the criteria in Executive 
Order 13175 and has determined that they have no substantial direct 
effects on federally recognized Indian tribes and that consultation 
under the Department's tribal consultation policy is not required. 
These rules do not affect Indian resource, religious, or property 
rights.

Executive Order 13352, Facilitation of Cooperative Conservation

    These final supplementary rules will not impede cooperative 
conservation. The process used to develop these rules considered the 
interests of persons with ownership or other legally recognized 
interests in land; properly accommodated local participation in the 
process; and are consistent with protecting public health and safety.

Information Quality Act

    The BLM did not conduct or use a study, experiment, or survey to 
disseminate information to the public in developing the proposed or 
final supplementary rules.

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

    These supplementary rules do not comprise a significant energy 
action under the definition in Executive Order 13211. A Statement of 
Energy Effects is not required.

Paperwork Reduction Act

    These supplementary rules do not contain information collection 
requirements, and a submission to the Office of Management and Budget 
under the Paperwork Reduction Act is not required.

Final Supplementary Rules

Author

    The principal author of these supplementary rules is Jonathan 
Priday, Bureau of Land Management Law Enforcement Ranger for the 
Eastern Interior Field Office. For the reasons stated in the preamble, 
and under the authority of 43 CFR 8365.1-6, the State Director 
establishes supplementary rules for public lands managed by the BLM in 
Fairbanks, Alaska to read as follows:

Definitions

    1. Brandish means to point, shake, or wave menacingly or to exhibit 
in an ostentatious manner.
    2. Camping means erecting a tent or shelter of natural or synthetic 
material, preparing a sleeping bag or other bedding material, parking a 
motor vehicle, motor home, or trailer, or mooring a vessel above mean 
high water line of the Chena River for the apparent purpose of 
overnight occupancy.
    3. Command and control of an animal means that the animal returns 
immediately to and remains by the side of the handler in response to a 
verbal command. An animal is not under command and control if the 
animal approaches or remains within 10 feet of any person other than 
the handler, unless that person has communicated to the handler by 
spoken word or gesture that he or she consents to the presence of the 
animal.
    4. Explosives means any chemical compound, mixture, or device, the 
primary or common purpose of which is to function by explosion; the 
term includes, but is not limited to, dynamite and other high 
explosives, black powder, tannerite, ammonium perchlorate, ammonium 
nitrate, blasting caps, pellet powder, initiating explosives, 
detonators, safety fuses, squibs, detonating cord, igniter cord, and 
igniters. The term also includes materials on the list published and 
revised at least annually in the Federal Register by the U.S. 
Department of Justice pursuant to 18 U.S.C. 841(d) and 27 CFR 555.23.
    5. Firearm or other projectile shooting device means all firearms, 
air rifles, pellet and BB guns, spring guns, bows or crossbows and 
arrows, slings, paint ball markers, other instruments that can propel a 
projectile (such as a bullet, dart, or pellet) by combustion, air 
pressure, gas pressure, or other means, or any instrument that can be 
loaded with and fire blank cartridges.
    6. Motorized vehicle means a vehicle that is propelled by a motor 
or engine, such as a car, truck, off-highway vehicle, motorcycle, or 
snowmobile.
    7. Street legal vehicle means a motorized vehicle that meets 
standards and requirements identified in Alaska Administrative Code 
Title 13 and Alaska Statute 28--Motor Vehicles.
    8. Tether means to restrain an animal by tying to any object or 
structure by any means, including without limitation a chain, rope, 
cord, leash, or running line. Tethering does not include using a leash 
to walk an animal.
    9. Fairbanks District Office administrative site means the parcels 
located at Fairbanks Meridian, Alaska, T. 1 S., R. 1 W., sec. 7, lots 
63 and 69. The area described aggregates 11.41 acres.

Prohibited Acts

    Unless otherwise authorized by the BLM, the following actions are 
prohibited on lands included within the Fairbanks District Office 
administrative site:
    1. Unauthorized overnight occupancy, use, camping, or parking. 
Overnight is defined as anytime between the hours of 10 p.m. and 6 
a.m.;
    2. Starting or maintaining a fire except in approved devices;
    3. Using, carrying, or brandishing weapons in violation of Alaska 
State and/or Federal law;
    4. Failing to properly supervise pets or domestic animals as 
defined below:
    a. Failing to restrain pets or domestic animals at all times. 
Leashes may not exceed six (6) feet in length.
    b. Failing to immediately remove or dispose of in a sanitary manner 
all pet or domestic animal waste;
    c. Failing to prevent a pet from harassing, molesting, or injuring

[[Page 42738]]

humans, domesticated animals, or wildlife;
    d. Leaving unattended and/or tethered domestic animals, except for 
animals that are inside passenger vehicles;
    5. Launching or operating drones or other aerial unmanned vehicles;
    6. Possessing or using fireworks and/or explosives;
    7. Parking a motorized vehicle in violation of posted restrictions;
    8. Leaving property unattended in excess of 24 hours;
    9. Hunting or trapping;
    10. Disorderly conduct as defined in Alaska Statute 11.61.110;
    11. Indecent exposure as defined in Alaska Statute 11.41.458 and/or 
11.41.460;
    12. Cutting or gathering green trees or parts, or removing down or 
standing dead wood for any purpose;
    13. Unauthorized access to or use of government or employee-owned 
structures or vehicles.

Exemptions

    The following persons are exempt from these 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 valid special-use 
permit and operating within the scope of their permit.

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 for 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 
Alaska law.

Chad Padgett,
State Director, Alaska.
[FR Doc. 2021-16535 Filed 8-4-21; 8:45 am]
BILLING CODE 4310-JA-P