[Federal Register Volume 88, Number 20 (Tuesday, January 31, 2023)]
[Proposed Rules]
[Pages 6217-6219]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01694]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Part 8360

[212L1109AF LLUTY00000 L12200000.MA0000]


Proposed Supplementary Rule for the Mineral and Hell Roaring 
Canyons Area of Public Lands and Requirement To Obtain an Individual 
Special Recreation Permit to Rock Climb Within the Moab Canyons Special 
Wildlife Area (Mineral and Hell Roaring Canyons) Managed by the Moab 
Field Office in Grand County, Utah

AGENCY: Bureau of Land Management, Interior.

ACTION: Proposed supplementary rule; request for public comments.

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SUMMARY: The BLM proposes to establish a supplementary rule prohibiting 
non-permitted roped and aerial activities, and the construction or 
installation of temporary structures in and along the walls and rims of 
Mineral and Hell Roaring canyons, as well as on the canyon walls and 
rims along the Green River corridor connecting these two canyons. The 
rule would also prohibit climbing in this area without a permit. The 
permit system for climbing in the special area and the proposed 
supplementary rule would protect vital wildlife habitat from increasing 
encroachment of recreational uses.

DATES: Comments on the proposed supplementary rule must be received or 
postmarked by April 3, 2023.

ADDRESSES: Comments may be submitted by mail, hand delivery, or email 
to the BLM Moab Field Office, Attention: Mineral and Hell Roaring, 82 
East Dogwood Avenue, Moab, Utah 84532, or [email protected]. The 
proposed supplementary rule and accompanying environmental documents 
are available for inspection at the BLM Moab Field Office, 82 East 
Dogwood Avenue, Moab, Utah, and on the ePlanning website: https://eplanning.blm.gov/eplanning-ui/project/1504945/510.

FOR FURTHER INFORMATION CONTACT: Jennifer Jones, Moab Field Office 
Assistant Manager, 82 East Dogwood Avenue, Moab, Utah 84532, (435) 259-
2100, or [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
II. Background
III. Discussion
IV. Procedural Matters
V. Proposed Supplementary Rules for the BLM Moab Field Office

I. Public Comment Procedures

    Written comments on the proposed supplementary rule must be sent in 
accordance with the information outlined in the DATES and ADDRESSES 
sections of this notification. The BLM is not obligated to consider 
comments that are received after the close of the comment period (see 
DATES) unless these comments are postmarked or electronically dated 
before the deadline. The BLM is not obligated to consider comments that 
are delivered to an address other than that listed above in ADDRESSES 
section. Comments 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 proposed rule that the comment is 
addressing. Your address, telephone number, email address, and other 
personal identifying information in your comment may be made publicly 
available at any time. While you can ask in your comment to withhold 
personal identifying information from public review, we cannot 
guarantee that we will be able to do so. Comments, including names, 
addresses, and other contact information of respondents, will be 
available for public review at the BLM Moab Field Office, 82 East 
Dogwood Avenue, Moab, Utah 84532, during regular business hours (7:45 
a.m.-4:30 p.m., Monday through Friday, except Federal holidays).

II. Background

    The BLM Moab Field Office has jurisdiction from the Grand County, 
Utah, line to the north, the Utah-Colorado State line to the east, 
Harts Draw and Lisbon Valley to the south, and the Green River to the 
west. The public lands managed by the BLM Moab Field Office are an 
increasing domestic and international tourist destination that host 
three million visitors per year. Mineral and Hell Roaring canyons 
provide important habitat for the Mexican spotted owl (a federally 
threatened species), golden eagles and other raptors, Utah's only 
endemic herd of desert bighorn sheep, and other wildlife. In recent 
years, roped and

[[Page 6218]]

aerial recreational activities have increased, putting wildlife and 
their prime habitats at risk. The goal of the new Individual Special 
Recreation Permit (ISRP) requirement for climbing and the proposed 
supplementary rule prohibiting non-permitted roped and aerial 
activities is to prevent further recreational encroachment into this 
prime habitat as these activities are impactful to these species.
    In June 2021, the BLM issued a decision record and finding of no 
significant impact that established a special area in Mineral and Hell 
Roaring canyons (Moab Canyons Special Wildlife Area), created a 
permitting system for rock climbing only in the special area. The 
decision record also outlined the need to establish a supplementary 
rule prohibiting all other roped and aerial activities within the 
10,044-acre special area. In accordance with 43 CFR 2932.11(b)(1), all 
persons must obtain an ISRP to rock climb in the special area. The BLM 
will not issue permits for aerial or roped activities other than 
climbing. The decision record was supported by an environmental 
assessment (EA) that analyzed two action alternatives: a total year-
round ban on aerial and roped activities, and the institution of a 
limited seasonal permit system allowing some climbing activity at 
specified locations. During the 30-day public comment period for the 
EA, the BLM received 13 comments. Seven comments, including those 
submitted by the Utah Public Lands Policy Coordinating Office and two 
non-governmental organizations, supported the total year-round ban on 
aerial and roped activities in Mineral and Hell Roaring canyons. Six 
commenters, including the Access Fund and Slackline U.S., opposed some 
or all of that proposal and expressed an interest in greater access for 
roped and aerial activities. In response, the BLM established a special 
area and authorized a permit system that would allow a limited amount 
of climbing seasonally on specific climbs in designated areas.

III. Discussion

    The proposed supplementary rule, which would prohibit roped 
activities and aerial activities other than climbing under a valid 
ISRP, is critical to the BLM's ability to manage important wildlife 
habitat while allowing for sustainable recreational use.
    The reasoning for the rule is addressed below.
    Proposed rule: Non-permitted roped and aerial activities are 
disallowed within a 10,044-acre area encompassing Mineral and Hell 
Roaring canyons. All persons must possess a valid ISRP to engage in 
climbing within the Mineral and Hell Roaring canyons area. No permits 
will be issued for aerial or roped activities other than climbing.
    Climbing and other aerial and roped activities allow human access 
into otherwise inaccessible habitats. Other forms of recreation 
(hiking, driving, camping, horseback riding) and other public uses such 
as grazing cannot reach those areas. Climbing and other aerial and 
roped activities adversely affect Mexican spotted owl, golden eagles 
and other raptors because climbers and aerialists access the cliffs 
used by these species for nesting, foraging, and resting. In addition, 
desert bighorn sheep use the talus slopes below the cliffs accessed by 
climbers and aerialists as escape terrain for the critical life 
functions that make herd viability possible. Restrictions have already 
been placed on motorized vehicle use, camping, grazing, and mineral 
development in these canyons to protect these species through the 2008 
Moab Resource Management Plan.

IV. Procedural Matters

Executive Order 12866, Regulatory Planning and 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 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 supplementary rule would not create a serious inconsistency or 
otherwise interfere with an action taken or planned by another agency. 
The proposed supplementary rule would not materially alter the 
budgetary effects of entitlements, grants, user fees, loan programs, or 
the rights or obligations of their recipients; nor does it raise novel 
legal or policy issues. The supplementary rule merely establishes rules 
of conduct for public use on a limited area of public lands.

Clarity of the Regulations

    Executive Order 12866 requires each agency to write regulations 
that are simple and easy to understand. The BLM invites comments on how 
to make this supplementary rule easier to understand, including answers 
to questions such as the following:
    1. Are the requirements in the supplementary rule clearly stated?
    2. Does the supplementary rule contain technical language or jargon 
that interferes with their clarity?
    3. Does the format of the supplementary rule (grouping and order of 
sections, use of headings, paragraphing, etc.) aid or reduce clarity?
    4. Is the description of the supplementary rule in the 
SUPPLEMENTARY INFORMATION section of this preamble helpful in 
understanding the supplementary rule? How could this description be 
more helpful in making the supplementary rule easier to understand?
    Please send any comments on the clarity of the rule to the address 
specified in the ADDRESSES section.

National Environmental Policy Act

    The direction for the BLM to establish a supplementary rule 
prohibiting all other roped and aerial activities within the 10,044-
acre special area was proposed, analyzed and authorized in EA DOI-BLM-
UT-Y010-2020-0068-EA. The decision includes the details of the permit 
system which would allow limited climbing on a seasonal basis. The 
approved EA is available for review at the physical and online 
locations identified in the ADDRESSES section.

Regulatory Flexibility Act

    Congress enacted the Regulatory Flexibility Act (RFA) of 1980, 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 supplementary rule 
would merely establish a rule of conduct for public use on a limited 
area of public lands. Therefore, the BLM has determined that the 
proposed supplementary 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 is not ``major'' as defined under 5 
U.S.C. 804(2). The proposed supplementary rule would merely establish 
rules of conduct for public use on a limited area of public lands and 
would not affect commercial or business activities of any kind.

Unfunded Mandates Reform Act

    The proposed supplementary rule would not impose an unfunded

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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 
supplementary rule would have no effect on governmental or Tribal 
entities and would impose no requirements on any of these entities. The 
proposed supplementary rule would merely establish a rule of conduct 
for public use on a limited selection of public lands and would not 
affect Tribal, commercial or business activities of any kind. 
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 supplementary rule does not have significant takings 
implications, nor is it capable of interfering with constitutionally 
protected property rights. The proposed supplementary rule would merely 
establish a rule of conduct for public use on a limited area of public 
lands and would not affect anyone's property rights. Therefore, the 
Department of the Interior has determined that the proposed 
supplementary rule would not cause a ``taking'' of private property or 
require preparation of a takings assessment under this Executive order.

Executive Order 13132, Federalism

    The proposed supplementary rule would neither have a substantial 
direct effect on the states, the relationship between the Federal 
Government and the states, nor the distribution of power and 
responsibilities among the various levels of government. The proposed 
supplementary rule would not conflict with any State law or regulation. 
Therefore, in accordance with Executive Order 13132, the BLM has 
determined that the supplementary 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 Office of the Solicitor has 
determined that the proposed supplementary 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 Tribal 
Governments

    In accordance with Executive Order 13175, the BLM considered 
consultation and coordination with Tribal governments in the 
development of the EA which forms the basis for the proposed 
supplementary rule. It was determined that this proposed supplementary 
rule does not have Tribal implications and consultation was not 
conducted.

Energy Supply, Distribution, or Use

    Under Executive Order 13211, the BLM has determined that the 
proposed supplementary rule would not comprise a significant energy 
action and that it would not have an adverse effect on energy supplies, 
production, or consumption.

Paperwork Reduction Act

    The proposed supplementary 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 et 
seq. Federal criminal investigations or prosecutions may result from 
this rule, and the collection of information for these purposes is 
exempt from the Paperwork Reduction Act, 44 U.S.C. 3518(c)(1).

Authors

    The principal authors of these supplementary rules are Kathleen 
Stevens, outdoor recreation planner, and Pam Riddle, wildlife 
biologist, Moab Field Office, Bureau of Land Management.

V. Proposed Supplementary Rule for the BLM Moab Field Office

    For the reasons stated in the preamble, and under the authority of 
43 U.S.C. 1740 and 43 CFR 8365.1-6, the Utah State Director is 
proposing the following supplementary rule:
    1. Non-permitted roped and aerial activities are prohibited within 
a 10,044-acre area encompassing Mineral and Hell Roaring canyons.
    2. All climbers must be in possession of a permit to engage in 
climbing within the Mineral and Hell Roaring canyons area.
    3. The construction or installation of temporary structures in and 
along the walls and rims of Mineral and Hell Roaring canyons, as well 
as on the canyon walls and rims along the Green River corridor 
connecting these two canyons is prohibited.

Definitions

    Roped Activities: Activities involving ropes, cable, vectran, 
climbing aids, webbing, anchors, or any other similar materials. 
Activities include: ziplining, high-lining, slacklining, rope-swinging, 
and other activities using the roped materials listed and other 
associated equipment.
    Aerial Activities: Sporting pursuits which include ``building, 
antenna, spam and earth'' (BASE) jumping, catapulting, paragliding, 
paramotoring, parachuting, skydiving, drone launching, aerial delivery, 
or other activities that involve aerial delivery, recovery or shuttle.
    Climbing: A sport or technique in which participants climb up, 
down, or across natural rock formations, usually with ropes and other 
equipment. This also includes free-soloing and bouldering.

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 this supplementary rule may be tried before a U.S. 
magistrate and fined no more than $1,000 or 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.

Exemptions

    Any Federal, State, local or military persons acting within the 
scope of their duties, and members of an organized rescue or 
firefighting force in performance of an official duty are exempted from 
this supplementary rule.

List of Subjects 43 CFR Part 8360

    Penalties, Public lands, Recreation and recreation areas.

Gregory Sheehan,
State Director.
[FR Doc. 2023-01694 Filed 1-30-23; 8:45 am]
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