[Federal Register Volume 87, Number 227 (Monday, November 28, 2022)]
[Proposed Rules]
[Pages 72954-72957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25460]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Part 8360

[LLCOS05000 L12200000.DU0000 18X]


Notice of Proposed Supplementary Rule for Travel Management on 
Public Lands in Montrose, Delta, San Miguel, and Ouray Counties, CO

AGENCY: Bureau of Land Management, Interior.

ACTION: Proposed supplementary rule.

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SUMMARY: The Bureau of Land Management (BLM) is proposing to establish 
a supplementary rule to make enforceable travel management decisions 
for mechanized vehicles in the Dry Creek Travel Management Plan (TMP) 
issued December 1, 2009; the Ridgway TMP issued May 10, 2013; and the 
Norwood-Burn Canyon TMP issued November 14, 2014. The proposed 
supplementary rule (proposed rule) would apply to public lands in 
Montrose, Delta, San Miguel, and Ouray counties, Colorado, administered 
by the BLM Uncompahgre Field Office.

DATES: Please send comments by January 27, 2023. Comments postmarked or 
received in person or by electronic mail after this date may not be 
considered in the development of the final supplementary rule.

ADDRESSES: You may submit comments by one of the following methods: 
mail or hand deliver to Proposed Supplementary Rule, Attention: 
Caroline Kilbane, Outdoor Recreation Planner, BLM Uncompahgre Field 
Office, 2505 S Townsend Ave., Montrose, CO 81401. You may also submit 
comments via email to [email protected] (include ``Proposed 
Supplementary Rule'' in the subject line).

FOR FURTHER INFORMATION CONTACT: Caroline Kilbane, Outdoor Recreation 
Planner at (970) 240-5300 or by email at [email protected]. Individuals 
in the United States who are deaf, deafblind, hard of hearing or have a 
speech disability may dial 711 (TTY, TDD, or TeleBraille) to access 
telecommunications relay services. Individuals outside the United 
States should use the relay services offered within their country to 
make international calls to the point-of-contact in the United States.

SUPPLEMENTARY INFORMATION:

I. Public Comment Procedures

    Written comments on the proposed rule should be specific, confined 
to issues pertinent to the proposed rule, and explain the reason for 
any recommended change. Where possible, comments should reference the 
specific section or paragraph of the proposed rule that the comment is 
addressing. The BLM is not obligated to consider or include in the 
Administrative Record for the final supplementary rule, comments 
delivered to an address other than those listed earlier (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, including names, street addresses, and other contact 
information of respondents, will be available for public review at the 
address specified in the ADDRESSES section above, 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 entire comment--including your personal 
identifying information--may be made publicly available. 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

    Prior to 2009, the BLM Uncompahgre Field Office used the 1989 
Uncompahgre Basin Resource Management Plan (RMP) and the 1985 San Juan/
San Miguel Resource Area RMP to manage travel on BLM-managed lands 
within the Dry Creek, Ridgway, and Norwood-Burn Canyon areas. In March 
2007, the BLM published in the Federal Register a Notice of Intent to 
Amend the Uncompahgre Basin and San Juan/San Miguel RMPs and prepare 
the Dry Creek Comprehensive Travel Management Plan, Colorado (72 FR 
10243). The RMP amendment, approved in June 2010, changed off-highway 
vehicle designations in identified areas from ``Open or Limited'' to 
``Limited to existing routes year-long or with seasonal restrictions'' 
until further route-by-route planning could be completed. The BLM 
issued decision records for the Dry Creek TMP on December 1, 2009; the 
Ridgway TMP on May 13, 2013; and the Norwood-Burn Canyon TMP on 
November 14, 2014. The BLM approved the TMPs after multiple public 
comment opportunities and coordination with local government. On April 
2, 2020, the BLM approved a revised Uncompahgre RMP that includes the 
Dry Creek, Ridgway,

[[Page 72955]]

and Norwood-Burn Canyon travel management areas (TMAs) and brings 
forward from the TMPs the travel management decisions for these areas. 
This proposed rule would enable the BLM to implement and enforce 
several key decisions in the TMPs to protect natural resources, enhance 
public safety, and help improve habitat quality, big-game winter range, 
and migration corridors. The proposed rule would not affect other 
existing rules.

III. Discussion of Proposed Supplementary Rule

    This proposed rule would apply to more than 121,000 acres of public 
land within the Dry Creek, Ridgway, and Norwood-Burn Canyon TMAs 
administered by the BLM Uncompahgre Field Office in Montrose, Delta, 
San Miguel, and Ouray counties, Colorado.
    This proposed rule is necessary to make enforceable travel 
management decisions in the TMPs that restrict certain activities and 
define allowable uses intended to enhance public safety, protect 
natural and cultural resources, eliminate non-motorized impacts on 
sensitive species habitat, and reduce conflicts among public land 
users.
    The proposed rule would make enforceable restrictions limiting the 
operation of mechanized vehicles to designated travel routes identified 
in the TMPs, with the following exemptions: (1) big game hunters would 
be permitted to use mechanized game carts off designated travel routes 
outside of designated wilderness and wilderness study areas only when 
necessary to retrieve big game animals during authorized hunting 
seasons; (2) mechanized vehicles would be permitted to pull off 
designated travel routes up to one vehicle-width from the edge of a 
roadway to accommodate parking, dispersed camping, or general 
recreation; and (3) in the Dry Creek TMA, mechanized vehicles would be 
permitted to pull off within 300 feet of a designated travel route in a 
designated camping area identified by a BLM sign or map.
    The proposed rule would make enforceable seasonal restrictions on 
travel in certain priority big game wintering habitats identified by 
the BLM Uncompahgre Field Office, in consultation with Colorado Parks 
and Wildlife, as the most important big game winter use areas within 
the TMAs. These seasonal restrictions would allow for human access 
during non-restricted periods while closing key areas during critical 
seasons to preserve the health of big game herds.
    The proposed rule would make enforceable authorized dispersed 
camping in the Norwood-Burn Canyon and Dry Creek TMAs unless a BLM sign 
or map identifies an area as closed to such use, as well as authorized 
camping in designated campgrounds in the Dry Creek TMA identified by a 
BLM sign or map. The proposed rule would implement and make enforceable 
the closure of the Ridgway TMA to overnight use.
    In the Ridgway TMA, the proposed rule would make enforceable the 
requirement that pets be leashed in the Uncompahgre Riverway Area and 
at all trailheads, as identified by BLM signs or maps, and under 
audible or physical control in all other areas. In the Norwood-Burn 
Canyon TMA, the proposed rule would make enforceable the requirement 
that pets be leashed at trailheads, as identified by BLM signs or maps, 
and under audible or physical control in all other areas. In the Dry 
Creek TMA, the proposed rule would make enforceable the requirement 
that pets be under audible or physical control.

IV. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    This proposed rule is not a significant regulatory action and is 
not subject to review by the Office of Management and Budget under 
Executive Order 12866. The proposed rule would not have an effect of 
$100 million or more on the economy. The proposed rule 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. The proposed rule would 
not create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency. The proposed rule would not 
materially alter the budgetary effects of entitlements, grants, user 
fees, or loan programs, or the rights or obligations of their 
recipients; nor does it raise novel legal or policy issues. The 
proposed rule would not affect legal commercial activity; it would 
merely impose limitations on certain recreational activities on certain 
public lands to protect natural resources and enhance public safety.

Clarity of the Rule

    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 this proposed rule easier to understand, including 
answers to questions such as the following:
    (1) Are the requirements in the proposed rule clearly stated?
    (2) Does the proposed rule contain technical language or jargon 
that interferes with its clarity?
    (3) Does the format of the proposed rule (grouping and order of 
sections, use of headings, paragraphing, etc.) aid or reduce its 
clarity?
    (4) Would the proposed rule be easier to understand if it were 
divided into more (but shorter) sections?
    (5) Is the description of the proposed rule in the SUPPLEMENTARY 
INFORMATION section of this preamble helpful to your understanding of 
the proposed rule? How could this description be more helpful in making 
the proposed rule easier to understand?
    Please send any comments you have on the clarity of the proposed 
rule to one of the addresses specified in the ADDRESSES section.

National Environmental Policy Act

    The proposed supplementary rule would implement key decisions in 
the TMPs. During the National Environmental Policy Act (NEPA) review 
for the TMPs, the BLM analyzed the substance of this proposed 
supplementary rule in three different environmental assessments (EAs): 
DOI-BLM-CO-SO50-2008-033 EA for the Dry Creek TMP (decision record 
signed December 1, 2009); DOI-BLM-CO-SO50-2011-0011 EA for the Ridgway 
TMP (decision record signed May 13, 2013); and DOI-BLM-CO-SO50-2012-019 
EA for the Norwood-Burn Canyon TMP (decision record signed November 14, 
2014). Electronic copies of the decision records for each TMP are on 
file at the BLM office at the address specified in the ADDRESSES 
section above. The BLM has completed a determination of NEPA adequacy 
(DOI-BLM-CO-S050-2021-0045 DNA) to confirm that the analyses in the TMP 
EAs, and the associated public involvement procedures, as well as the 
Uncompahgre Field Office RMP, are sufficient to support this 
rulemaking.

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. The proposed rule would have no 
effect on business entities of any size. The proposed rule would merely 
impose reasonable restrictions on

[[Page 72956]]

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 the proposed rule 
would not have a significant economic impact on a substantial number of 
small entities.

Small Business Regulatory Enforcement Fairness Act

    The proposed supplementary rule does not constitute a ``major 
rule'' as defined at 5 U.S.C. 804(2). The proposed rule would merely 
impose reasonable restrictions on certain recreational activities on 
certain public lands to protect natural resources and the environment 
and human health and safety. The proposed rule would 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, 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

    The proposed rule would not impose an unfunded mandate on State, 
local, or Tribal governments in the aggregate, or the private sector, 
of more than $100 million per year; nor would it have a significant or 
unique effect on small governments. The proposed rule would 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)

    The proposed rule does not constitute a government action capable 
of interfering with constitutionally protected property rights. The 
proposed rule would not address property rights in any form and would 
not cause the impairment of constitutionally protected property rights. 
Therefore, the BLM has determined that the proposed rule would not 
cause a ``taking'' of private property or require further discussion of 
takings implications under this Executive Order.

Executive Order 13132, Federalism

    The proposed rule would 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 this proposed rule does 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 the proposed rule would not unduly burden the judicial 
system and that it meets 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 
the proposed rule does not include policies that have Tribal 
implications and would have no bearing on trust lands or 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 the proposed rule, 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 rule does not comprise a significant energy action. 
The proposed rule would not have an adverse effect on energy supply, 
production, or consumption and has no connection with energy policy.

Paperwork Reduction Act

    The proposed rule does 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 the proposed supplementary rule is Caroline 
Kilbane, Outdoor Recreation Planner, BLM, Uncompahgre Field Office.

V. Proposed Supplementary Rule

    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 proposes to establish a supplementary 
rule for BLM-managed public lands in the Dry Creek, Ridgway, and 
Norwood-Burn Canyon Travel Management Areas located in Montrose, Delta, 
San Miguel, and Ouray counties, Colorado, to read as follows:

Proposed Supplementary Rule for Dry Creek, Ridgway, and Burn Canyon

Definitions

    Camping means erecting a tent or a shelter of natural or synthetic 
materials; preparing a sleeping bag or other bedding material for use; 
or parking a motor vehicle, motor home, or trailer for the purpose or 
apparent purpose of overnight occupancy.
    Designated travel routes means roads, primitive roads, and trails 
open or limited to specified modes of travel and identified on: (1) a 
BLM sign; or (2) a map of designated roads and trails that is 
maintained and available for public inspection at the BLM Uncompahgre 
Field Office, Colorado. Designated routes are open or limited to public 
use in accordance with any limits and restrictions as are specified in 
the Uncompahgre Resource Management Plan (RMP), the Dry Creek Travel 
Management Plan (TMP), the Ridgway TMP, the Norwood-Burn Canyon TMP, in 
future decisions implementing the RMP, or in this supplementary rule. 
Restrictions may include signs or physical barriers such as gates, 
fences, posts, branches, or rocks.
    Mechanized vehicle means a vehicle using a mechanical device not 
powered by a motor, such as a bicycle.
    Pet means any domesticated or tamed animal that is kept as a 
companion.

Prohibited Acts

Dry Creek Travel Management Area (TMA) Prohibited Acts

    (1) You must not operate or possess a mechanized vehicle except on 
designated travel routes, unless:
    (a) You are using a mechanized game cart for the purpose of 
retrieving a large game animal during authorized hunting seasons, 
outside of Congressionally designated wilderness areas and wilderness 
study areas;
    (b) You are using a mechanized vehicle for the purpose of parking 
within one vehicle-width of the edge of a designated travel route for 
dispersed camping, where allowed, or general recreation; or

[[Page 72957]]

    (c) You are using a mechanized vehicle in a designated camping area 
as designated by a BLM sign or map and are within 300 feet of the 
designated travel route.
    (2) You must not operate or possess a mechanized vehicle on 
specific routes that cross priority big game wintering habitat from 
December 1 to April 15 or December 1 to March 31, as designated by a 
BLM sign or map, except to access private inholdings with proper 
authorization.
    (3) Pets must be controlled by physical or audible means.

Ridgway TMA Prohibited Acts

    You must not operate or possess a mechanized vehicle except on 
designated travel routes, unless you are using a mechanized game cart 
for the purpose of retrieving a large game animal during authorized 
hunting seasons.
    (1) All public access is prohibited in priority big game wintering 
habitat from December 1 to April 30, as designated by a BLM sign or 
map, except to access private inholdings with proper authorization and 
within the Uncompahgre Riverway Area.
    (2) Pets must remain on leashes within the Uncompahgre Riverway 
Area and at trailheads designated by a BLM sign or map. In all other 
areas, pets must be controlled by physical or audible means.
    (3) Overnight use is not allowed.
    (4) Mechanized vehicles must be parked within one vehicle-width of 
the edge of a designated travel route.

Norwood-Burn Canyon TMA Prohibited Acts

    (1) You must not operate or possess a mechanized vehicle except on 
designated travel routes, unless:
    (a) You are using a mechanized game cart for the purpose of 
retrieving a large game animal during authorized hunting seasons; or
    (b) You are using a mechanized vehicle for the purpose of parking 
within one vehicle-width of the edge of a designated travel route for 
dispersed camping or general recreation.
    (2) You must not operate or possess a mechanized vehicle on any 
route that crosses priority big game wintering habitat from December 1 
to April 30, as designated by a BLM sign or map, except to access 
private inholdings with proper authorization.
    (3) Dispersed camping is allowed unless closed by a BLM sign or 
map.
    (4) Pets must remain on leashes at trailheads designated by BLM 
signs or maps. In all other areas, pets must be controlled by physical 
or audible means.

Exemptions

    Any Federal, state, local, or military persons acting within the 
scope of their official duties; members of an organized rescue or fire-
fighting force performing an official duty; and persons who are 
expressly authorized or approved by the BLM.

Enforcement

    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 on public lands within Colorado 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 the enhanced fines provided for by 18 U.S.C. 3571.

Douglas Vilsack,
BLM Colorado State Director.
[FR Doc. 2022-25460 Filed 11-25-22; 8:45 am]
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