[Federal Register Volume 88, Number 241 (Monday, December 18, 2023)]
[Rules and Regulations]
[Pages 87363-87365]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27746]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Part 8360

[BLM_UT_FRN_MO4500172882]


Final Supplementary Rule for Roped and Aerial Activities in the 
Moab Canyons Special Wildlife Area (In and Near Mineral and Hell 
Roaring Canyons) in Grand County, Utah

AGENCY: Bureau of Land Management, Interior.

ACTION: Final supplementary rule.

-----------------------------------------------------------------------

SUMMARY: The Bureau of Land Management (BLM) is finalizing a 
supplementary rule for the Moab Canyons Special Wildlife Area (in and 
near Mineral and Hell Roaring Canyons) in Grand County, Utah, which 
prohibits rock climbing except when and where permitted, prohibits 
other roped and aerial activities, and prohibits the construction or 
installation of temporary structures. This rule will protect vital 
wildlife habitat from the impacts of roped and aerial recreational 
activities.

DATES: This final supplementary rule is effective January 17, 2024.

ADDRESSES: You may direct inquiries to the BLM Moab Field Office, 82 
East Dogwood Avenue, Moab, UT 84532, or [email protected]. The 
final supplementary rule and accompanying environmental documents are 
available for inspection at the BLM Moab Field Office at the address 
listed above 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. Background
II. Discussion of Public Comments
III. Discussion of Final Supplementary Rule
IV. Procedural Matters
V. Final Supplementary Rule for the BLM Moab Field Office

I. Background

    The BLM is establishing this final supplementary rule under the 
authority of 43 CFR 8365.1-6, which allows state directors to establish 
supplementary rules for the protection of persons, property, public 
lands, and resources. This final supplementary rule applies to public 
lands managed by the Moab Field Office. A map of the management area 
and boundaries can be obtained by contacting the Moab Field Office (see 
ADDRESSES section above).
    The final supplementary rule will be available for inspection in 
the Moab Field Office or on the ePlanning website.
    The public lands managed by the BLM Moab Field Office in 
southeastern Utah are a domestic and international tourist destination 
hosting three million visitors per year. The Moab Canyons Special 
Wildlife Area, which consists of 10,044 acres 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, provides 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 aerial recreational activities have increased 
in these canyons, putting wildlife and their vital habitats at risk. 
The goal of this supplementary rule is to protect vital wildlife 
habitat from the impacts of roped and aerial recreational activities.
    In June 2021, the BLM issued a Decision Record and Finding of No 
Significant Impact that prohibited rock climbing except when and where

[[Page 87364]]

permitted; prohibited other roped and aerial activities; and prohibited 
the construction or installation of temporary structures in the Moab 
Canyons Special Wildlife Area. The Decision Record created a permit 
system that allows a limited amount of rock climbing, seasonally, on 
specific climbs in designated areas. More specifically, the permit 
system prohibits rock climbing permits during critical wildlife seasons 
and otherwise limits the number of permits to 35 per year. In 
accordance with 43 CFR 2932.11(b)(1), the Decision Record required that 
all persons must obtain a permit to rock climb in the special area. The 
Decision Record also outlined the need to establish a corresponding 
supplementary rule for the special area.
    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 rock-climbing activity at specified 
locations. During the 30-day public comment period for the EA, the BLM 
received 13 comments. Seven comments supported the total year-round ban 
on aerial and roped activities in Mineral and Hell Roaring Canyons. Six 
commenters opposed some or all of that proposal and expressed an 
interest in greater access for roped and aerial activities. The BLM 
considered these public comments in the decision-making process.

II. Discussion of Public Comments

    The BLM published the proposed supplementary rule in the Federal 
Register on January 31, 2023 (88 FR 6217). During the 60-day public 
comment period on the proposed supplementary rule, the BLM received 19 
comments; four were fully supportive of the rule and three were 
opposed. One commenter asked that the restrictions not apply to 
permitted events and another commenter asked for voluntary seasonal 
restrictions. The remaining 10 commentors asked that highline use (an 
aerial activity involving walking across rope or wire between two high 
points) be allowed on a seasonal basis to access the Colorado Bowl 
(also known as the Veggie Bowl).

III. Discussion of Final Supplementary Rule

    The final supplementary rule prohibits rock climbing except when 
and where permitted; prohibits other roped and aerial activities; and 
prohibits the construction or installation of temporary structures in 
the Moab Canyons Special Wildlife Area (in and near Mineral and Hell 
Roaring Canyons). This rule will protect vital wildlife habitat from 
the impacts of roped and aerial recreational activities.
    Rock climbing and other roped and aerial activities allow human 
access into otherwise inaccessible habitats. Other forms of recreation 
(e.g., hiking, driving, camping, horseback riding) and other public 
land uses, such as livestock grazing, cannot reach those areas. Rock 
climbing and other aerial and roped activities adversely affect the 
threatened Mexican spotted owl, golden eagles, and other raptors, 
because rock 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 rock 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, livestock 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 final 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 as amended by Executive Order 14094. 
The final supplementary rule will not have an annual effect of $200 
million or more on the economy. It will 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 final supplementary rule will not 
create a serious inconsistency or otherwise interfere with an action 
taken or planned by another agency. The final supplementary rule will 
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 final 
rule merely establishes rules of conduct for public use on a limited 
area of public lands.

National Environmental Policy Act

    This final supplementary rule is consistent with and necessary to 
properly implement the decision, which was analyzed in EA DOI-BLM-UT-
Y010-2020-0068-EA. The approved environmental analysis 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 has a significant 
economic impact, either detrimental or beneficial, on a substantial 
number of small entities. The final supplementary rule merely 
establishes a rule of conduct for public use on a limited area of 
public lands. Therefore, the BLM has determined the final supplementary 
rule will not have a significant economic impact on a substantial 
number of small entities.

Small Business Regulatory Enforcement Fairness Act

    The final supplementary rule is not ``major'' as defined under 5 
U.S.C. 804(2). The final supplementary rule merely establishes rules of 
conduct for public use on a limited area of public lands and will not 
affect commercial or business activities of any kind.

Unfunded Mandates Reform Act

    The final supplementary rule will 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 will it have a 
significant or unique effect on small governments. The final 
supplementary rule will have no effect on State, local, or Tribal 
governments and will impose no requirements on any of these entities. 
The final supplementary rule will merely establish a rule of conduct 
for public use on a limited selection of public lands and will 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 final supplementary rule does not have significant takings 
implications, nor is it capable of interfering with constitutionally 
protected property rights. The final supplementary rule merely 
establishes a rule of conduct for public use on a limited area of 
public lands and will not affect protected property rights. Therefore, 
the

[[Page 87365]]

Department of the Interior has determined the final supplementary rule 
will not cause a ``taking'' of private property or require preparation 
of a takings assessment under this Executive order.

Executive Order 13132, Federalism

    The final supplementary rule will not 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 final supplementary rule 
does not conflict with any State law or regulation. Therefore, in 
accordance with Executive Order 13132, the BLM has determined 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 Department of the Interior Office 
of the Solicitor has determined the final supplementary rule will 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 final 
supplementary rule. It was determined the EA's proposed action did not 
have Tribal implications and formal consultation was not conducted.

Energy Supply, Distribution, or Use

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

Paperwork Reduction Act

    The final 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 author of this final supplementary rule is Kathleen 
Stevens, outdoor recreation planner, Moab Field Office, Bureau of Land 
Management

V. Final 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 establishes 
the following supplementary rule:
    1. Roped and aerial activities are prohibited within the Moab 
Canyons Special Wildlife Area, except for permitted rock climbing.
    2. All persons must be in possession of a permit to engage in rock 
climbing within the Moab Canyons Special Wildlife Area.
    3. The construction or installation of temporary structures is 
prohibited within the Moab Canyons Special Wildlife Area.
Definitions
    Roped Activities: Activities involving ropes, cable, vectran, rock 
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 ``buildings, 
antennae, spans, and earth'' (BASE) jumping, catapulting, paragliding, 
paramotoring, parachuting, skydiving, drone launching, aerial delivery, 
or other activities that involve aerial delivery, recovery, or shuttle.
    Rock 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.

Gregory Sheehan,
State Director.
[FR Doc. 2023-27746 Filed 12-15-23; 8:45 am]
BILLING CODE 4331-25-P