[Federal Register Volume 87, Number 228 (Tuesday, November 29, 2022)]
[Proposed Rules]
[Pages 73275-73278]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25810]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Part 8360

[LLCAC09000 L12200000 NU0000 21X]


Notice of Proposed Supplementary Rule for Public Lands in the 
Cotoni-Coast Dairies Unit of the California Coastal National Monument 
in Santa Cruz County, CA

AGENCY: Bureau of Land Management, Interior.

ACTION: Proposed supplementary rule.

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SUMMARY: The Bureau of Land Management (BLM) is proposing a 
supplementary rule for all public lands within the Cotoni-Coast Dairies 
unit of the California Coastal National Monument in Santa Cruz County, 
California. The proposed supplementary rule would allow the BLM to 
manage recreation, address public safety, and provide resource 
protection on BLM-administered public lands within the Cotoni-Coast 
Dairies unit of the California Coastal National Monument.

DATES: Comments on the proposed supplementary rule must be received or 
postmarked by January 30, 2023 to be assured of consideration.

ADDRESSES: Written comments on the proposed supplementary rule can be 
delivered to the Bureau of Land Management, BLM Central Coast Field 
Office, 940 2nd Ave., Marina, CA 93933, or emailed to: 
[email protected].
    A link to this notice and a map depicting the area that would be 
affected by the proposed supplementary rule will be available to the 
public for review on the BLM website at https://www.blm.gov/cotoni-coast-dairies, and in the Central Coast Field Office.

FOR FURTHER INFORMATION CONTACT: Sky Murphy, Planning and Environmental 
Coordinator, BLM Central Coast Field Office; telephone: (831) 582-2200, 
email: [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 for contacting 
Sky Murphy. 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 supplementary rule should be 
specific, confined to issues pertinent to the proposed supplementary 
rule, and should explain the reason for any recommended change. Where 
possible, comments should reference the specific section or paragraph 
of the rule that the comment is addressing. The BLM need not consider 
comments that the BLM receives after the close of the comment period 
(see DATES), unless they are postmarked or electronically dated before 
the deadline, or comments delivered to an address other than those 
listed earlier (see ADDRESSES).
    Before including your address, telephone number, email address, or 
other personal identifying information in your comment, be advised that 
your entire comment, including your personal identifying information, 
may be made publicly available at any time. While you can ask us in 
your comment to withhold from public review your personal identifying 
information, we cannot guarantee that we will be able to do so. All 
submissions from organizations and businesses, and from individuals 
identifying themselves as representatives or officials of organizations 
or businesses, will be available for public inspection in their 
entirety.
    Upon its completion, the final supplementary rule will be available 
for inspection in the Central Coast Field Office (see ADDRESSES). The 
BLM will announce the publication of the final rule broadly through the 
news media and direct mail to the constituents included on the BLM mail 
list. The BLM will also provide information to interested agencies and 
organizations.

II. Background

    The BLM establishes supplementary rules under the authority of 43 
CFR 8365.1-6, which allows BLM State Directors to establish such rules 
for the protection of persons, property, and public lands and 
resources. This regulatory provision allows the BLM to issue rules of 
less than national effect without codifying the rules in the Code of 
Federal Regulations.

III. Discussion of Proposed Supplementary Rule

    The BLM completed the Cotoni-Coast Dairies Resource Management Plan 
(RMP) Amendment on June 23, 2021, to establish land use decisions that 
protect the objects and values of the Cotoni-Coast Dairies unit of the 
California Coastal National Monument and support responsible recreation 
opportunities. Public participation during planning for use and 
enjoyment of the Cotoni-Coast Dairies unit indicates that it will be a 
popular area and a supplementary rule is needed to allow for law 
enforcement to enforce decisions to manage recreation and protect 
cultural and natural resources.
    Thus, the proposed supplementary rule would apply to all the BLM-
administered lands in the Cotoni-Coast Dairies unit. Persons performing 
essential operations central to the BLM's mission would be exempt. Such 
persons would include, for example, members of any organized law 
enforcement, rescue, or fire-fighting force.
    The proposed supplementary rule is needed to provide consistency 
and uniformity for visitors to BLM-administered lands, prevent resource 
damage and user conflicts, and provide greater safety to the visiting 
public. Therefore, a supplementary rule is necessary to address the 
following issues and concerns:
    Resource Damage: Presidential Proclamation 9563 added the Cotoni-
Coast Dairies unit to the California Coastal National Monument and 
identified resource objects and values to be protected. A supplementary 
rule is needed to ensure protection of these resources, particularly 
biological and cultural resources.
    Public Safety: As visitation increases among all types of 
recreational users, so do the conflicts between user groups. In crowded 
areas, conflicts among users increase risk to visitor safety. Other 
recreationists and nearby landowners also have concerns for their 
personal safety, as well as damage to property. A supplementary rule is 
needed to avoid or minimize such conflicts.
    At present, no supplementary rules are in effect for BLM-
administered lands

[[Page 73276]]

in the Cotoni-Coast Dairies unit. Therefore, this supplementary rule is 
needed to address management issues and concerns with respect to public 
use of this area.

IV. Procedural Matters

Executive Order 12866, Regulatory Planning and Review and Executive 
Order 13563--Improving Regulation and Regulatory Review

    This proposed supplementary 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 supplementary rule 
would not have an annual effect of $100 million or more on the economy. 
It is not intended to affect commercial activity, but rather impose 
rules of conduct on recreational visitors for public safety and 
resource protection reasons in a limited area of public lands. This 
proposed supplementary 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. This proposed supplementary rule would not create a 
serious inconsistency or otherwise interfere with an action taken or 
planned by another agency. This proposed supplementary rule would not 
materially alter the budgetary effects of entitlements, grants, user 
fees, or loan programs, or the right or obligations of their 
recipients, nor does it raise novel legal or policy issues. It merely 
strives to protect public safety and the environment.

Regulatory Flexibility Act

    Congress enacted the Regulatory Flexibility Act (RFA), 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 supplementary rule does not pertain 
specifically to commercial or governmental entities of any size, but to 
public recreational use of specific public lands. Therefore, the BLM 
has determined that under the RFA the proposed supplementary rule would 
not have a significant economic impact on a substantial number of small 
entities.

Small Business Regulatory Enforcement Fairness Act

    This proposed supplementary rule would not constitute a ``major 
rule'' as defined at 5 U.S.C. 804(2). This proposed supplementary rule 
merely contains rules of conduct for recreational use of public lands. 
This proposed supplementary rule would not affect business, commercial, 
or industrial use of the public lands.

Unfunded Mandates Reform Act

    This proposed supplementary 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. This proposed 
supplementary rule does 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)

    This proposed supplementary rule would not affect a taking of 
private property or otherwise have taking implications under Executive 
Order 12630. This proposed supplementary rule would not address 
property rights in any form and would not impair any property rights. 
Therefore, the BLM has determined that this proposed supplementary rule 
would not cause a taking of private property or require further 
discussion of takings implications under this Executive Order.

Executive Order 13132, Federalism

    This proposed supplementary rule 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. This proposed 
supplementary rule would apply to a limited area of land in only one 
state, California. This proposed supplementary rule contains rules of 
conduct for recreational use of BLM-administered public lands to 
protect public safety and the environment. Therefore, the BLM has 
determined that this proposed supplementary rule would 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 this 
proposed supplementary rule would not unduly burden the judicial system 
and that the requirements of sections 3(a) and 3(b)(2) of the Order are 
met. More specifically, this proposed rule meets the criteria of 
section 3(a), which requires agencies to review all regulations to 
eliminate errors and ambiguity and to write all regulations to minimize 
litigation. This proposed rule also meets the criteria of section 
3(b)(2), which requires agencies to write all regulations in clear 
language with clear legal standards.

Executive Order 13175, Consultation and Coordination With Indian Tribal 
Governments

    The Department 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 evaluated this proposed rule under the 
Department's consultation policy and under the criteria in Executive 
Order 13175 to identify possible effects of the rule on federally 
recognized Indian Tribes. The BLM has found that this proposed 
supplementary rule would have no substantial direct effects on 
federally recognized Indian Tribes and that consultation under the 
Department's Tribal consultation policy is not required. This proposed 
supplementary rule would not affect lands held in trust for the benefit 
of Native American Tribes, individual Indians, Aleuts, or others.

Paperwork Reduction Act

    This proposed supplementary rule does 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.

National Environmental Policy Act

    The BLM's Cotoni-Coast Dairies RMP Amendment and Environmental 
Assessment, dated September 25, 2020, states that the BLM will 
incorporate rules and regulations to address the potential impacts of 
visitor use at Cotoni-Coast Dairies (p. 59). The proposed supplementary 
rule directly addresses conduct related to the allowable uses 
identified in the Cotoni-Coast Dairies Decision Record for the Approved 
Resource Management Plan Amendment dated June 23, 2021, to protect the 
environment and public safety. As documented in Environmental 
Assessment DOI-BLM-CA-C090-2019-0035-EA, and the associated Finding of 
No Significant Impact, the proposed supplementary rule does not 
constitute a major Federal

[[Page 73277]]

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). Therefore, a detailed statement 
under NEPA is not required.

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

    This proposed supplementary rule would not comprise a significant 
energy action. This supplementary rule would not have an adverse effect 
on energy supplies, production, or consumption. It only addresses rules 
of conduct for recreational use of BLM-administered public lands to 
protect public safety and the environment and has no connection with 
energy policy.

Clarity of the Proposed Supplementary Rule

    Executive Order 12866 and Executive Order 13563 require each agency 
to write regulations that are simple and easy to understand. The BLM 
invites your comments on how to make this proposed supplementary rule 
easier to understand, including answers to questions such as the 
following:
    (1) Are the requirements in the proposed supplementary rule clearly 
stated?
    (2) Does the proposed supplementary rule contain technical language 
or jargon that interferes with its clarity?
    (3) Does the format of the proposed supplementary rule (grouping 
and order of sections, use of headings, paragraphing, etc.) aid or 
reduce its clarity?
    (4) Would the proposed supplementary rule be easier to understand 
if it were divided into more (but shorter) sections?
    (5) Is the description of the proposed supplementary rule in 
Section III: Discussion of the Proposed Supplementary Rule, helpful in 
understanding the proposed supplementary rule? How could this 
description be more helpful in making the proposed supplementary rule 
easier to understand?
    Please send any comments you may have on the clarity of the 
proposed supplementary rule to one of the addresses specified in the 
ADDRESSES section before the close of the comment period specified in 
the DATES section.

Author

    The principal author of the proposed supplementary rule is Nicholas 
Lasher, BLM Law Enforcement Officer for the Central Coast Field Office, 
California.

V. Proposed Rule

    For the reasons stated in the Section III: Discussion of the 
Proposed Supplementary Rule, and under the authority for supplementary 
rules at 43 U.S.C. 1740 and 43 CFR 8365.1-6, the California State 
Director, Bureau of Land Management, proposes to issue this 
supplementary rule that would apply to all public lands included in the 
Cotoni-Coast Dairies unit (Cotoni-Coast Dairies) of the California 
Coastal National Monument to read as follows:

Definitions

    Designated roads and trails means any road or trail that the BLM 
has posted as open for public use.
    Pet means any domestic animal that is not classified as a ``service 
animal''.
    Public lands means any lands or interest in lands managed by the 
BLM.
    Public road means any road, dirt or otherwise, on which public 
motorized vehicular traffic is permitted.
    Recreational target shooting means shooting a weapon for 
recreational purposes when game is not being pursued. Weapon means any 
firearm, cross bow, bow and arrow, paint gun, fireworks, or explosive 
device capable of propelling a projectile either by means of an 
explosion or by string or spring.
    Service animal means a dog, or other animal, that is individually 
trained to do work or perform tasks for people with disabilities as 
covered under the Americans with Disabilities Act.
    Traffic control devices means markers, signs, and signal devices 
used to inform, guide, and control traffic, including pedestrians, 
motorists, cyclists, or electronic mobility products.
    Unattended pet means any pet that is unaccompanied by an owner or 
handler, even if on a tether, within a crate, or within an unoccupied 
motor vehicle.
    Unmanned aerial vehicle means any aircraft without a human pilot on 
board.

Restrictions on Public Lands in the Cotoni Coast Dairies Unit of the 
California Coastal National Monument

    1. All public use is restricted to designated roads and trails.
    2. Bicycles and bicycle riding are prohibited except on designated 
roads and trails that are posted as open for bicycle and bicycle riding 
use.
    3. Class I and Class II electric bicycles, as defined in 43 CFR 
8340.0-5(j), and riding electric bikes are prohibited except on 
designated roads and trails that are posted as open for their use. All 
other electric bicycles and other electric mobility products are 
prohibited except within established parking areas and public roads.
    4. Horseback riding is prohibited except on designated roads and 
trails that are posted as open for horseback riding use.
    5. Violation of any posted sign, rule, or notification, including 
any traffic control devices, is prohibited.
    6. Established parking areas are for the use of visitors to Cotoni-
Coast Dairies unit of the California Coastal National Monument only.
    7. Use and occupancy of all lands within the Cotoni-Coast Dairies 
are prohibited from \1/2\ hour after sunset to \1/2\ hour before 
sunrise.
    8. Pets are prohibited except on designated roads and trails that 
are posted as open for their use. Service animals are exempt from this 
rule.
    9. All pets must be physically restrained, or on a leash or cord 
not to exceed 6 feet in length, at all times.
    10. Visitors are prohibited from leaving a pet unattended.
    11. It is unlawful for the owner or person having custody of any 
pet to allow pet feces to remain on Cotoni-Coast Dairies, either 
willfully or through failure to exercise due care or control, other 
than within trash receptacles provided for such purposes.
    12. Fires of any kind are prohibited, including open fire, wood, 
charcoal, and gas.
    13. Abandoning property or leaving property unattended for more 
than 24 hours is prohibited. The BLM may remove and appropriately 
dispose of unattended property.
    14. Construction or building of any structure is prohibited.
    15. Placing flagging, markings, or signs of any kind is prohibited.
    16. Possession or use of a mineral or metal detector, magnetometer, 
side scan sonar, other metal detecting device, or sub-bottom profiler 
is prohibited.
    17. The taking of wildlife, except for authorized hunting 
activities in accordance with California Department of Fish and 
Wildlife regulations, and possessing unlawfully taken wildlife or 
portions thereof, is prohibited.
    18. Disturbing wildlife with audio devices, including speakers, air 
horns, and musical instruments, is prohibited.
    19. Taking off or landing of aircraft, including unmanned aerial 
vehicles, is prohibited.
    20. Paragliding, hang-gliding, and similar recreational uses are 
prohibited from taking off or landing within the Cotoni-Coast unit of 
the California Coastal National Monument.
    21. Recreational target shooting is prohibited.
    22. The following persons are exempt from these final supplementary 
rules: Any Federal, State, or local officer or

[[Page 73278]]

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.

(Authority: 43 CFR 8365.1-6)

Karen Mouritsen,
BLM California State Director.
[FR Doc. 2022-25810 Filed 11-28-22; 8:45 am]
BILLING CODE 4310-40-P