[Federal Register Volume 89, Number 83 (Monday, April 29, 2024)]
[Rules and Regulations]
[Pages 33238-33242]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08608]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Part 8360

[BLM_CA_FRN_MO4500173363]


Final 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: Final supplementary rule.

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SUMMARY: The Bureau of Land Management (BLM) is finalizing a 
supplementary rule for all public lands within the Cotoni-Coast Dairies 
(C-CD) unit of the California Coastal National Monument (CCNM) in Santa 
Cruz County, California. The final supplementary rule will allow the 
BLM to manage recreation, address public safety, and provide resource 
protection on BLM-managed public lands within the C-CD unit of the 
CCNM. The supplementary rule is needed to enforce the BLM's decisions 
established in the CCNM Resource Management Plan, as amended.

DATES: These supplementary rules are effective May 29, 2024.

ADDRESSES: You may submit inquiries by mail, hand-delivery, or 
electronic mail. Mail: Bureau of Land Management, California State 
Office, 2800 Cottage Way Suite W1623, Sacramento, CA 95825. Electronic 
mail: [email protected].

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. 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

    The BLM completed the C-CD Resource Management Plan (RMP) amendment 
on June 23, 2021, to establish land use decisions that protect the 
objects and values of the C-CD unit of the CCNM and to support 
responsible recreation opportunities. Public participation during 
planning for the use and enjoyment of the C-CD unit indicates that it 
will be a popular area for recreating, and a supplementary rule is 
needed to allow for law enforcement to enforce land-use decisions for 
managing recreation and to protect cultural and natural resources.
    This final supplementary rule will apply to all the BLM-managed 
lands in the C-CD unit. Persons performing essential operations central 
to the BLM's mission will be exempt. Such persons include, for example, 
members of any organized law enforcement, rescue, or fire-fighting 
force.
    The final supplementary rule is needed to provide consistency and 
uniformity for visitors to BLM-managed lands, prevent resource damage 
and user conflicts, and provide greater safety to the visiting public.
    Resource Damage: Presidential Proclamation 9563 added the C-CD unit 
to the CCNM and identified objects to be protected. To ensure 
protection of the objects identified in Proclamation 9563, particularly 
biological and cultural objects, the final rule prohibits use and 
occupancy of the C-CD from \1/2\ hour after sunset to \1/2\ hour before 
sunrise. The final supplementary rule requires visitors to stay on 
roads and trails designated open for non-motorized and mechanized use. 
The supplementary rule requires pets to be on a leash at all times, and 
visitors are prohibited from leaving a pet unattended or allowing pet 
feces to remain on C-CD, other than within trash receptacles provided 
for such purposes.
    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. To ensure public safety 
and reduce the risk of wildfire, the final supplementary rule prohibits 
recreational target shooting, camping, and fires of any kind. To 
minimize other visitor-use conflicts, the final supplementary rule 
prohibits leaving property unattended for more than 24 hours, building 
any structure, placing signs of any kind, and the possession or use of 
metal detecting devices. The supplementary rule prohibits taking off or 
landing of aircraft, including unmanned aircraft systems, paragliding, 
hang-gliding, and similar recreational uses within the C-CD unit of the 
CCNM.
    At present, no supplementary rules are in effect for BLM-managed 
public lands in the C-CD unit. Therefore, this supplementary rule is 
needed to address

[[Page 33239]]

management issues and concerns with respect to public use of this area.
    The authority for this supplementary rule is set forth at sections 
303 and 310 of the Federal Land Policy and Management Act, 43 U.S.C. 
1733 and 1740. The BLM is issuing this supplementary rule under the 
authority of 43 CFR 8365.1-6, which allows BLM State Directors to 
establish supplementary rules for the protection of persons, property, 
and public lands and resources.

II. Discussion of Public Comments and Rationale for Final Supplementary 
Rule

    On November 29, 2022, the BLM published a proposed supplementary 
rule (87 FR 73276), initiating a 60-day public comment period that 
ended on January 29, 2023. The BLM received 16 unique comments signed 
by 54 individuals and organizations on the proposed supplementary rule.
    Eleven of the unique comments did not specifically address the 
proposed supplementary rule. The BLM made no changes to the final 
supplementary rule based on these unrelated comments.
    The remainder of the comments provided suggestions for how the BLM 
could make the final rule clearer and provide additional protection of 
resources.
    Public comments expressed support for the supplementary rule and 
the importance of adhering to the BLM's policy and guidance for lands 
within the National Landscape Conservation System.
    Public comments suggested the BLM clarify Rules 3, 7, 19, and 21. 
The BLM did not make changes to Rules 3, 7, 19, or 21 in response to 
these comments. The BLM disagrees with the commenters that the language 
needs clarifying. The proposed and final rules are written in plain 
language and need no further explanation.
    Public comments also recommended that the BLM change Rule 17 to 
prohibit ``unlawfully taking or possessing wildlife, plants, or plant 
communities, or portions thereof, listed as Objects of the Monument.'' 
However, BLM law enforcement already has authority to issue citations 
for removal and destruction of plants, except as permitted, under 43 
CFR 8365.1-5(a)(2). No changes were made to Rule 17 because the purpose 
of this rule is to allow the BLM to enforce hunting restrictions that 
are consistent with California Department of Fish and Wildlife (CDFW) 
regulations. As noted by the comments on Rule 17, the BLM plans to seek 
approval from CDFW to allow archery hunting at C-CD.
    Public comments suggested that the BLM should also revise Rule 18 
so that it mirrors the language of the Endangered Species Act (ESA), 
which would prohibit ``disturbing, harming, or harassing wildlife, 
plants, or plant communities, or portions thereof, listed as objects of 
the Monument.'' Another comment asked that proposed Rule 18 be revised 
to prohibit disturbing wildlife in any manner and by any means. Final 
Rule 18, however, is intended to address impacts from sustained loud 
noises because that is the particular issue that BLM believes needs to 
be addressed at this time. The agency does not currently believe that 
it is necessary to promulgate a rule that penalizes the disturbance of 
wildlife in any manner, and no changes were made to Rule 18. The BLM 
could promulgate additional wildlife-related supplementary rules in the 
future if the need arises.
    Public comments also requested additional rules that would address 
problems related to fireworks; unauthorized release of translocated 
animals, plants, or organisms; and public interference with authorized 
livestock and grazing operations. The BLM did not incorporate any of 
these suggested additional rules into the final rule because other 
portions of the final rule and existing regulations already address 
these concerns. For example, Rule 12 will allow the BLM to enforce 
restrictions on fires of any kind, including fireworks. Under 43 CFR 
9212.1, the BLM can also prohibit sources of ignition through its fire 
management and prevention rules at C-CD. Knowingly introducing weeds or 
pathogens is prohibited by 43 CFR 8365.1-4(a)(2) (creating a hazard or 
nuisance) and 43 CFR 9264.1(h). California state law CPC 597s prohibits 
the willful abandonment of an animal. Under 43 CFR 9264.1(e) the BLM 
can issue citations for molesting livestock; and 43 CFR 8365.1-5(a)(1), 
43 CFR 8365.1-5(a)(2), and 43 CFR 8365.1-5(a)(3) provide additional 
protections for structures, natural objects, and minerals.
    Ultimately, there were only two substantive changes, to proposed 
Rules 6 and 14, based on public comments. Proposed Rule 6 said, 
``established parking areas are for the use of visitors to Cotoni-Coast 
Dairies unit of the California Coastal National Monument only.'' A 
commenter stated that those using parking lots are, by definition, 
visitors to the C-CD property by virtue of using a parking lot. To 
avoid having visitors use the lots to access beaches that are not in 
the C-CD, the commenter suggested Rule 6 be revised to say ``visitors 
leaving vehicles in parking areas shall not depart from the Cotoni-
Coast Dairies unit of the California Coastal Monument while their 
vehicles remain in those parking areas.'' The BLM agrees with the 
commenter that the potential for pedestrians crossing State and County 
roads near the C-CD to use nearby beaches at un-marked locations is a 
risk to public safety. Rather than adopt the language recommended by 
the commenter, final Rule 6 has been reworded to clarify that ``members 
of the public are prohibited from leaving the C-CD unit of the CCNM 
while their vehicle is parked in BLM-managed parking areas'' Rule 6 
will be prominently incorporated into the BLM's outreach and education 
for C-CD to inform the public that the BLM-managed parking areas are 
not designed to support coastal access for beach-going visitors; and 
the BLM's law enforcement officers will have the authority to issue 
citations to persons violating the rule. This change will improve 
public safety by reducing the frequency of visitors crossing roads at 
un-marked locations while attempting to use BLM-managed parking areas 
to access coastal beaches or adjacent lands. Similarly, another 
commenter suggested the BLM add a rule that would prohibit unpermitted 
trail improvements. Rather than include a new rule, the BLM made a 
minor change to final Rule 14, to explain that ``construction or 
building of any structure, including trails, is prohibited.'' This 
change will improve public awareness that unauthorized improvements to 
recreation facilities, including trails, would be a violation of the 
supplementary rule for C-CD unit of the CCNM.
    The BLM determined that the remaining comments from individuals 
related to management of C-CD do not warrant changes to the final 
supplementary rule. For example, one commenter requested the addition 
of subheadings to the regulations, which is unnecessary because the 
final rule is already relatively short and is arranged in a logical 
order.
    In another example, one commenter asked that the BLM include a 
definition for ``electric mobility products,'' which is used in Rule 3. 
The definition provided for Rule 3, which can be found in 43 CFR 
8340.0-5(j), will allow the BLM to restrict the use of electric bikes. 
The BLM determined a definition for ``electric mobility products'' is 
not needed because it is written in plain language and encompasses a 
wide range of motor-powered personal mobility devices used for 
transporting an individual at speeds that do not normally exceed 20 
miles per hour.

[[Page 33240]]

Nothing in the final rule will diminish the BLM's responsibility to 
provide reasonable modifications for access in accordance with Section 
504 of the Rehabilitation Act and ensure that persons with disabilities 
receive the benefits and services of BLM programs and activities.
    Restrictions on feeding wild animals can be enforced under 43 CFR 
8365 (creating a hazard or nuisance).
    Commenters suggested that instead of Rule 7 prohibiting the use of 
public lands within the C-CD starting \1/2\ hour after sunset and 
ending \1/2\ hour before sunrise, Rule 7 should prohibit use before 
``sunrise'' and after ``sunset,'' or add a definition for these two 
terms. Neither of these changes would make Rule 7 more effective 
because sunrise and sunset fluctuate daily, depending on the time of 
the year and the latitude and longitude of a specific location. The BLM 
also anticipates many visitors who enjoy watching the sunrise (or 
sunset) will arrive (or depart) during the \1/2\ hour grace period. The 
plain language of Rule 7 is simple and easy to understand, and it is 
common for land management agencies to restrict occupancy and use of 
outdoor recreation areas starting 30 minutes after sunset and ending 30 
minutes before sunrise.
    Similarly, one comment requested that we add a definition for 
``service animal'' to Rule 8. A definition of ``service animal'' that 
is similar to the definition in the Americans with Disabilities Act of 
1990, as amended, has been added.
    One commenter asked for an additional rule that would prohibit 
unauthorized commercial activities. The BLM did not include this change 
in the final rule because unauthorized commercial activities are 
already prohibited under 43 CFR 2932.57.
    Commenters asked the BLM to clarify the types of persons that would 
be exempt from this final rule and how the public would be informed of 
such exemptions. The BLM did not make changes in response to this 
request because the language of the final supplementary rule plainly 
states that exempt persons include any Federal, State, or local officer 
or 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. Based on the standard exemption language, the BLM's 
authorized officer can provide written approval to persons that support 
operations necessary to pursue the BLM's goals and objectives for C-CD. 
Examples include, but are not limited to, livestock operators, 
scientists and other researchers, Tribal members, contractors, 
volunteers, and existing rights holders.
    Comments related to development of BLM management plans and 
resource inventories are outside the scope of this final supplementary 
rule. Accordingly, the BLM made no changes in response to those 
comments. As stated earlier, this final supplementary rule is based on 
management actions listed in the Decision Record for the C-CD RMP 
amendment, approved on June 23, 2021, and the original CCNM RMP 
completed in 2005, both of which involved extensive public involvement.
    The final supplementary rule will allow the BLM to enforce portions 
of the C-CD RMP amendment and other existing policies that guide 
management and protection of monument objects and values identified in 
Presidential Proclamation 9563, signed January 12, 2017. The public 
will be informed of these restrictions with signs posted along roads, 
in parking areas, and other important locations. Additional public 
notice of the BLM final supplementary rule will be provided through 
local news releases, social media, and information published on maps, 
brochures, educational materials, and websites. As a result, the final 
supplementary rule is expected to promote stewardship of the public 
lands and increase appreciation and understanding of the resource 
objects and values of the C-CD unit of the CCNM.
    The BLM's final supplementary rule decision may be appealed to the 
Interior Board of Land Appeals, Office of the Secretary, in accordance 
with the regulations contained in 43 CFR part 4.

III. Procedural Matters

Regulatory Planning and Review (Executive Orders (E.O.) 12866 and 
13563)

    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 E.O. 14094. The final 
supplementary rule will not have an annual effect of $200 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 final supplementary rule 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. This final supplementary rule will not 
create a serious inconsistency or otherwise interfere with an action 
taken or planned by another agency. This final supplementary rule will 
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 final 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 final supplementary rule will not 
have a significant economic impact on a substantial number of small 
entities.

Congressional Review Act

    This final supplementary rule does not meet the criteria of 5 
U.S.C. 804(2). This final supplementary rule merely contains rules of 
conduct for recreational use of public lands. This final supplementary 
rule will not affect business, commercial, or industrial use of the 
public lands.

Unfunded Mandates Reform Act

    This 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. This final 
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.

Governmental Actions and Interference With Constitutionally Protected 
Property Rights--Takings (E.O. 12630)

    This final supplementary rule will not affect a taking of private 
property or otherwise have taking implications under E.O. 12630. This 
final supplementary rule will not address

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property rights in any form and will not impair any property rights. 
Therefore, the BLM has determined that this final supplementary rule 
will not cause a taking of private property or require further 
discussion of takings implications under this E.O.

Federalism (E.O. 13132)

    This final supplementary rule will 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 final 
supplementary rule will apply to a limited area of land in only one 
State: California. This supplementary rule contains rules of conduct 
for recreational use of BLM-managed public lands to protect public 
safety and the environment. Therefore, the BLM has determined that this 
final supplementary rule will not have sufficient federalism 
implications to warrant preparation of a federalism assessment.

Civil Justice Reform (E.O. 12988)

    Under E.O. 12988, the BLM has determined that this final 
supplementary rule will 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 final 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 
final rule also meets the criteria of section 3(b)(2), which requires 
agencies to write all regulations in clear language with clear legal 
standards.

Consultation and Coordination With Indian Tribal Governments (E.O. 
13175 and Departmental Policy)

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

Paperwork Reduction Act (44 U.S.C. 3501 et seq.)

    This final 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 final supplementary rule will facilitate implementation of 
management direction established in CCNM RMP, as amended, and the C-CD 
RMP amendment. The environmental impacts of the final supplementary 
rule were analyzed in the Environmental Impact Statement supporting the 
CCNM RMP and the environmental assessment (EA), dated September 25, 
2020, supporting the C-CD RMP amendment. Therefore, additional NEPA 
analysis is not necessary.

Effects on the Energy Supply (E.O. 13211)

    This final supplementary rule will not comprise a significant 
energy action. This supplementary rule will not have an adverse effect 
on energy supplies, production, or consumption. It only addresses rules 
of conduct for recreational use of BLM-managed public lands to protect 
public safety and the environment and has no connection with energy 
policy.
Author
    The principal author of the final supplementary rule is Nicholas 
Lasher, BLM Law Enforcement Officer for the Central Coast Field Office, 
California.

V. Final Rule

    For the reasons stated in the preamble, 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, establishes a 
final supplementary rule for all public lands included in the Cotoni-
Coast Dairies (C-CD) unit of the California Coastal National Monument 
(CCNM) 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 legally pursued. Weapon 
includes 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.
    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 aircraft system means any aircraft without a human pilot 
on board (e.g., drones).
    Restrictions on public lands in the C-CD unit of the CCNM:
    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. Electric bicycles, as defined in 43 CFR 8340.0-5(j), are 
prohibited except on roads designated for such use in accordance with 
applicable law. All other electric mobility products are prohibited 
except within established parking areas and public roads, and in 
accordance with applicable law.
    4. Horseback riding is prohibited except on designated roads and 
trails that are posted as open for horseback riding use.
    5. Violating any posted sign, rule, or notification, including any 
traffic control device, is prohibited.
    6. Members of the public are prohibited from leaving the C-CD unit 
of the CCNM while their vehicle is parked in BLM-managed parking areas.
    7. Use and occupancy of all lands within the C-CD 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 C-CD, either willfully or through 
failure to

[[Page 33242]]

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, including trails, 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. Knowingly or willfully disturbing wildlife with audio devices, 
including speakers, air horns, and musical instruments, is prohibited.
    19. Taking off or landing of aircraft, including unmanned aircraft 
systems, is prohibited.
    20. Taking off or landings a paraglider, hang-glider, or similar 
recreational equipment is prohibited within the C-CD unit of the CCNM.
    21. Recreational target shooting is prohibited.
Exemptions
    The following persons are exempt from these final supplementary 
rules: Any Federal, State, or local officer or 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 part of the final supplementary rule 
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 and local law.

(Authority: 43 CFR 8365.1-6)

Gordon Toevs,
Acting California State Director.
[FR Doc. 2024-08608 Filed 4-26-24; 8:45 am]
BILLING CODE 4331-15-P