80_FR_66241 80 FR 66033 - Final Supplementary Rules for the Castle Rocks Land Use Plan Amendment Area, Idaho

80 FR 66033 - Final Supplementary Rules for the Castle Rocks Land Use Plan Amendment Area, Idaho

DEPARTMENT OF THE INTERIOR
Bureau of Land Management

Federal Register Volume 80, Issue 208 (October 28, 2015)

Page Range66033-66035
FR Document2015-27373

The Bureau of Land Management (BLM) is finalizing supplementary rules for all BLM-administered public lands within an approximately 400-acre area in Idaho known as Castle Rocks. The BLM addressed this area in the November 2013 Cassia Resource Management Plan (RMP) Amendment and Record of Decision (ROD). The Cassia RMP amendment made implementation-level decisions designed to conserve natural and cultural resources while providing for recreational opportunities. These supplementary rules will allow the BLM and law enforcement partners to enforce those decisions.

Federal Register, Volume 80 Issue 208 (Wednesday, October 28, 2015)
[Federal Register Volume 80, Number 208 (Wednesday, October 28, 2015)]
[Notices]
[Pages 66033-66035]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-27373]


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

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLIDT02000.L12200000.MA0000.241A.00 4500079363]


Final Supplementary Rules for the Castle Rocks Land Use Plan 
Amendment Area, Idaho

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of final supplementary rules.

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

SUMMARY: The Bureau of Land Management (BLM) is finalizing 
supplementary rules for all BLM-administered public lands within an 
approximately 400-acre area in Idaho known as Castle Rocks. The BLM 
addressed this area in the November 2013 Cassia Resource Management 
Plan (RMP) Amendment and Record of Decision (ROD). The Cassia RMP 
amendment made implementation-level decisions designed to conserve 
natural and cultural resources while providing for recreational 
opportunities. These supplementary rules will allow the BLM and law 
enforcement partners to enforce those decisions.

DATES: These supplementary rules are effective on November 27, 2015.

ADDRESSES: You may direct your inquiries to the Bureau of Land 
Management, Burley Field Office, 15 East 200 South, Burley, Idaho 
83318. email: [email protected].

FOR FURTHER INFORMATION CONTACT: Dennis Thompson, Outdoor Recreation 
Planner, at 208-677-6664 or by email at

[[Page 66034]]

[email protected]. Persons who use a telecommunications device for the 
deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-
800-877-8339 to contact Mr. Thompson.

SUPPLEMENTARY INFORMATION:

I. Background
II. Discussion of Public Comments
III. Discussion of Supplementary Rules
IV. Procedural Matters

I. Background

    Castle Rocks is a dramatic geologic area located in the southern 
Albion Mountain Range of Cassia County, Idaho. Castle Rocks consists 
primarily of quartz-monzonite, a type of granite associated with the 
Almo Pluton. Pinnacles and monoliths, towering over 400 feet in local 
relief, characterize the area. Castle Rocks currently contains nearly 
pristine cultural and natural resources.
    Until 2003, a difficult and lengthy hike from Stines Pass was the 
only way to access Castle Rocks, due to the unique ownership pattern 
and geography of the surrounding lands. This limited access helped 
preserve rare resources that are of great importance to the Shoshone-
Bannock Tribes of Fort Hall and the Shoshone-Paiute Tribes of Duck 
Valley. Castle Rocks became less isolated after the passage of the 
Castle Rock Ranch Acquisition Act of 2000 (Pub. L. 106-421), which 
authorized the National Park Service (NPS) to purchase a private ranch 
that provided more convenient public access on the east side of the 
geologic area. After the acquisition, the NPS exchanged the property 
with the Idaho Department of Parks and Recreation (IDPR) for other 
lands adjacent to existing NPS properties.
    Since May 25, 2003, the IDPR has provided park facilities and 
managed recreation at Castle Rocks. Since 2003, the BLM has been 
protecting resources on the 400-acre parcel under its management 
through a series of temporary closure orders prohibiting rock climbing, 
camping, staging, and trail building. In 2012, the BLM determined that 
amending the Cassia RMP was necessary to properly manage the area. The 
decision in the Plan Amendment is to close the area permanently to rock 
climbing, camping, staging, and trail building. This decision will 
protect significant cultural resources that were, or had the potential 
to be, adversely impacted by these activities. The Shoshone-Bannock 
Tribes of Fort Hall and the Shoshone-Paiute Tribes of Duck Valley 
consider the area a sacred site and have requested the assistance of 
the BLM Burley Field Office in nominating the area as a Traditional 
Cultural Property under the National Historic Preservation Act.
    These supplementary rules will help the BLM achieve management 
objectives and implement the Cassia RMP amendment. They will also 
provide the BLM with enforcement capability to help prevent damage to 
cultural and natural resources.

II. Discussion of Public Comments

    The BLM published the proposed supplementary rules in the Federal 
Register on October 15, 2014 (79 FR 61899). Public comments were 
accepted for a 60-day period ending on December 15, 2014. The BLM 
received three comments. One comment favored protecting the resources, 
one comment was against any restriction on Federal lands, and the third 
comment did not apply to the Castle Rocks area. The comments received 
were not specific or confined to the issues pertinent to the proposed 
rules, nor did they recommend change or clarification; therefore, no 
changes were made to the proposed supplementary rules.

III. Discussion of Supplementary Rules

    Supplementary rules are necessary to protect the cultural and 
natural resources within the 400-acre BLM parcel at Castle Rocks as 
described in the environmental assessment (EA) for the Cassia RMP 
amendment.
    The supplementary rules prohibit traditional rock climbing, sport 
rock climbing, bouldering, staging, trail building, and camping on BLM-
administered public land within the Castle Rocks area because of 
potential adverse effects to significant Traditional Cultural 
Properties, and rare historic, geologic, scenic and cultural resources 
resulting from these activities. Use of the existing Stines Creek trail 
as shown on the 2012 Oakley 1:100,000 surface management Status Map and 
free solo climbing--that is, climbing which does not use ropes, 
harnesses or other protective gear during ascent--are still authorized. 
The EA for the Cassia RMP amendment (Appendix II) designates the trail 
appropriate for foot, horse, or bike use and describes the authorized 
course of the trail.

IV. Procedural Matters

Executive Orders 12866, Regulatory Planning and Review

    The final supplementary rules are not a significant regulatory 
action and are not subject to review by the Office of Management and 
Budget under Executive Orders 12866. They will not have an effect of 
$100 million or more on the economy. They will not adversely affect, in 
a material way, the economy; productivity; competition; jobs; 
environment; public health or safety; or State, local, or tribal 
governments or communities. The final supplementary rules will not 
create a serious inconsistency or otherwise interfere with an action 
taken or planned by another agency. They will not materially alter the 
budgetary effects of entitlements, grants, user fees, or loan programs 
or the right or obligations of their recipients; nor will they raise 
novel legal or policy issues. The supplementary rules merely contain 
rules of conduct for public use of a limited selection of public lands 
to prevent adverse effects to significant traditional cultural 
properties and rare historic, geologic, and scenic values at Castle 
Rocks.

National Environmental Policy Act (NEPA)

    The BLM prepared an EA as part of the development of the Cassia RMP 
amendment at Castle Rocks. During that NEPA process, alternative 
decisions for the Cassia RMP amendment were fully analyzed or discussed 
and offered for public comment, including the substance of these 
supplementary rules. The pertinent analysis can be found in Chapter 4 
of the Cassia RMP Amendment and Proposed Decision Record, April 2013. 
The ROD for the Cassia RMP was signed by the Idaho BLM State Director 
on November 20, 2013. These final supplementary rules will provide for 
enforcement of the plan decisions. The rationale for the decisions made 
is fully covered in the ROD, which is available for review in the BLM 
administrative record at the location specified in the ADDRESSES 
section and online at https://eplanning.blm.gov/epl-front-office/eplanning/planAndProjectSite.do?methodName=dispatchToPatternPage¤tPageId=47887.

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 will have a 
significant economic impact, either detrimental or beneficial, on a 
substantial number of small entities. These final supplementary rules 
will merely establish rules of conduct for use of a limited area of 
public lands and will have no effect on business entities of any size. 
Therefore, the BLM has determined, under the RFA, that the final 
supplementary rules will not have

[[Page 66035]]

a significant economic impact on a substantial number of small 
entities.

Small Business Regulatory Enforcement Fairness Act

    These final supplementary rules do not constitute a ``major rule'' 
as defined at 5 U.S.C. 804(2). They will not result in an effect on the 
economy of $100 million or more, an increase in costs or prices, or 
significant adverse effects on competition, employment, investment, 
productivity, innovation, or the ability of United States-based 
enterprises to compete with foreign-based enterprises in domestic and 
export markets. These final supplementary rules will merely establish 
rules of conduct for use of a limited area of public lands and do not 
affect commercial or business activities of any kind.

Unfunded Mandates Reform Act

    These final supplementary rules will not impose an unfunded mandate 
on State, local, or tribal governments or the private sector of more 
than $100 million per year nor do they have a significant or unique 
effect on State, local, or tribal governments or the private sector. 
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)

    These final supplementary rules will not have significant takings 
implications nor will they be capable of interfering with 
constitutionally protected property rights. Therefore, the BLM has 
determined that these rules will not cause a ``taking'' of private 
property or require preparation of a takings assessment.

Executive Order 13132, Federalism

    These final supplementary rules 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. These final 
supplementary rules will not conflict with any law or regulation of the 
State of Idaho. Therefore, in accordance with Executive Order 13132, 
the BLM has determined that these final supplementary rules will not 
have sufficient federalism implications to warrant preparation of a 
Federalism Assessment.

Executive Order 12988, Civil Justice Reform

    The BLM has determined that these final supplementary rules will 
not unduly burden the judicial system and that they meet the 
requirements of sections 3(a) and 3(b)(2) of Executive Order 12988.

Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments

    Consultation and Coordination with the Shoshone-Bannock and the 
Shoshone-Paiute Tribes has been ongoing since 2010. The Tribes have 
been fully briefed and support these supplementary rules.

Information Quality Act

    The Information Quality Act (Section 515 of Pub. L. 106-554) 
requires Federal agencies to maintain adequate quality, objectivity, 
utility, and integrity of the information that they disseminate. In 
developing these supplementary rules, the BLM did not conduct or use a 
study, experiment, or survey or disseminate any information to the 
public.

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

    These final supplementary rules will not constitute a significant 
energy action. These final supplementary rules will not have an adverse 
effect on energy supplies, production, or consumption, and have no 
connection with energy policy.

Paperwork Reduction Act

    These final supplementary rules do 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.

Author

    The principal author of these supplementary rules is Amanda M. 
Dodson, Acting Burley Field Manager, Bureau of Land Management.
    For the reasons stated in the Preamble, and under the authority of 
43 CFR 8365.1-6, the Burley Field Office, Bureau of Land Management, 
establishes supplementary rules for BLM-administered lands covered 
under the Cassia Resource Management Plan Amendment at Castle Rocks, to 
read as follows:

Supplementary Rules for the Portion of the Castle Rocks Area Managed by 
the U.S. Bureau of Land Management

Definitions

    Traditional rock climbing means a style of climbing where a 
climber or group of climbers places all gear required to protect 
against falls and removes it when passage is complete.
    Sport rock climbing means a style of climbing that relies on 
fixed protection against falls, usually bolts and/or top anchors.
    Bouldering means ropeless climbing that involves short, 
sequential moves on rock usually no more than 20 feet off the ground 
and uses bouldering crash pads at the base of the climbing area to 
prevent injuries from falls.
    Staging means assembling, unpacking or otherwise preparing gear 
for climbing; typically conducted at the base of the cliff, where 
gear such a backpacks may also be left during a climb, but in some 
cases, is conducted at the top of a cliff.
    Trail building means the act of creating new travel routes 
through the use of tools; or user-created trails developed through 
repeated visits to a specific destination. EA DOI-BLM-ID-T020-2013-
0010-EA Appendix II serves as the baseline for existing trails on 
BLM lands.
    Camping means setting up, occupying or making use of a place for 
shelter or overnight stay.
    On BLM-administered public land within the Castle Rocks area, 
the following supplementary rules apply:
    1. Traditional and sport rock climbing and bouldering are 
prohibited.
    2. Staging is prohibited.
    3. Camping is prohibited.
    4. Trail building is prohibited.

    Exceptions: The following persons are exempt from these 
supplementary rules:
    A. Any Federal, State, local, and/or military employee acting 
within the scope of their duties;
    B. Members of any organized rescue or fire-fighting force 
performing an official duty; and
    C. Persons, agencies, municipalities or companies holding an 
existing special use permit and operating within the scope of their 
permit.

    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 any of these supplementary 
rules may be tried before a United States 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.


Timothy M. Murphy,
BLM Idaho State Director.
[FR Doc. 2015-27373 Filed 10-27-15; 8:45 am]
 BILLING CODE 4310-GG-P



                                                                            Federal Register / Vol. 80, No. 208 / Wednesday, October 28, 2015 / Notices                                                66033

                                                  take must be incidental to actions that                 updated to follow our finalized                       permit issuance. Before including your
                                                  are otherwise lawful. The Eagle Act’s                   guidance, Eagle Conservation Plan                     address, phone number, email address,
                                                  implementing regulations define ‘‘take’’                Guidance Module 1: Land-Based Wind                    or other personal identifying
                                                  as to ‘‘pursue, shoot, shoot at, poison,                Energy Version 2 (Service 2013) (ECP                  information in your comment, you
                                                  wound, kill, capture, trap, collect,                    Guidance) (http://www.fws.gov/                        should be aware that your entire
                                                  destroy, molest, or disturb’’ individuals,              migratorybirds/PDFs/Eagle%2                           comment—including your personal
                                                  their nests and eggs (50 CFR 22.3); and                 0Conservation%20Plan%20Guidance-                      identifying information—may be made
                                                  ‘‘disturb’’ is further defined as ‘‘to                  Module%201.pdf).                                      publicly available at any time. While
                                                  agitate or bother a bald or golden eagle                   As recommended in the Service’s ECP                you can ask us in your comment to
                                                  to a degree that causes . . . (1) injury to             Guidance, the applicant’s plan outlines               withhold your personal identifying
                                                  an eagle, . . .(2) a decrease in its                    avoidance and minimization measures,                  information from public review, we
                                                  productivity, . . . or (3) nest                         contains a risk assessment, includes                  cannot guarantee that we will be able to
                                                  abandonment’’ (50 CFR 22.3). The Alta                   experimental advanced conservation                    do so.
                                                  East Wind Project will result in                        practices, and adaptive management.
                                                  recurring eagle mortalities over the life               The applicant submitted the ECP as part               Authority
                                                  of the project, so the appropriate type of              of the permit application, and if we                    We provide this notice under Section
                                                  take permit is the programmatic permit                  issue the permit following the National               668a of the Eagle Act (16 U.S.C. 668–
                                                  under 50 CFR 22.26.                                     Environmental Policy Act (NEPA)                       668c) and NEPA regulations (40 CFR
                                                     We may consider issuance of                          process, then the conservation                        1506.6).
                                                  programmatic eagle take permits if: (1)                 commitments would become conditions
                                                  The incidental take is necessary to                                                                           Alexandra Pitts,
                                                                                                          of the permit.
                                                  protect legitimate interests; (2) the take                 The Service independently evaluated                Deputy Regional Director, Pacific Southwest,
                                                  is compatible with the preservation                                                                           Sacramento, California.
                                                                                                          the risk of eagle fatalities from project
                                                  standard of the Eagle Act—providing for                 operations and compared that risk to the              [FR Doc. 2015–27240 Filed 10–27–15; 8:45 am]
                                                  stable or increasing breeding                           conservation measures to which the                    BILLING CODE 4310–55–P
                                                  populations; (3) the take has been                      applicant has committed. This is an
                                                  avoided and minimized to the degree                     essential step in the Service’s evaluation
                                                  achievable through implementation of                    of an application for a permit for                    DEPARTMENT OF THE INTERIOR
                                                  Advanced Compensation Practices, and                    programmatic take of eagles because                   Bureau of Land Management
                                                  the remaining take is unavoidable; and                  issuing criteria require permitted take to
                                                  (4) compensatory mitigation will be                     comply with the Eagle Act’s                           [LLIDT02000.L12200000.MA0000.241A.00
                                                  provided for any remaining take. The                    preservation standard. The Service has                4500079363]
                                                  Service must determine that the direct                  interpreted this standard to require
                                                  and indirect effects of the take and                                                                          Final Supplementary Rules for the
                                                                                                          maintenance of stable or increasing
                                                  required mitigation, together with the                                                                        Castle Rocks Land Use Plan
                                                                                                          breeding populations of eagles (74 FR
                                                  cumulative effects of other permitted                                                                         Amendment Area, Idaho
                                                                                                          46836; September 11, 2009). In the DEA,
                                                  take and additional factors affecting                   we evaluate the risk and offsetting                   AGENCY:   Bureau of Land Management,
                                                  eagle populations, are compatible with                  conservation measures, and the                        Interior.
                                                  the preservation of bald eagles and                     implications for direct, indirect, and                ACTION: Notice of final supplementary
                                                  golden eagles.                                          cumulative effects under five                         rules.
                                                  Applicant’s Proposal                                    alternatives.
                                                                                                                                                                SUMMARY:   The Bureau of Land
                                                    The permit applicant, Alta Wind X,                    Next Steps                                            Management (BLM) is finalizing
                                                  LLC, is operating an approximately 150-                    The public process for the proposed                supplementary rules for all BLM-
                                                  megawatt (MW) commercial wind-                          Federal permit action will be completed               administered public lands within an
                                                  energy facility in the Tehachapi WRA in                 after the public comment period, at                   approximately 400-acre area in Idaho
                                                  Kern County, California. The recently                   which time we will evaluate the permit                known as Castle Rocks. The BLM
                                                  constructed (December 2013) Alta East                   application and comments submitted                    addressed this area in the November
                                                  Wind Project was a new wind energy                      thereupon to determine whether the                    2013 Cassia Resource Management Plan
                                                  project on public (Bureau of Land                       application meets the permitting                      (RMP) Amendment and Record of
                                                  Management) and private lands and was                   requirements under the Eagle Act,                     Decision (ROD). The Cassia RMP
                                                  an expansion of Terra-Gen’s Alta Wind                   applicable regulations, and NEPA                      amendment made implementation-level
                                                  Energy Center. The Bureau of Land                       requirements. Upon completion of that                 decisions designed to conserve natural
                                                  Management and Kern County                              evaluation, we will select our course of              and cultural resources while providing
                                                  permitted Alta Wind X, LLC to                           action. We will make the final permit                 for recreational opportunities. These
                                                  construct, operate, maintain, and                       decision no sooner than 30 days after                 supplementary rules will allow the BLM
                                                  decommission up to 51 wind turbine                      the close of the public comment period.               and law enforcement partners to enforce
                                                  generators and related infrastructure on                                                                      those decisions.
                                                  approximately 2,600 acres of public and                 Public Comments
                                                                                                                                                                DATES: These supplementary rules are
                                                  private land in 2013.                                     We invite public comment on the
                                                    The applicant submitted an ECP on                                                                           effective on November 27, 2015.
                                                                                                          proposed DEA. If you wish, you may
                                                                                                                                                                ADDRESSES: You may direct your
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  March 4, 2013, that was initially                       submit comments by any one of the
                                                  developed following recommendations                     methods discussed above under                         inquiries to the Bureau of Land
                                                  provided by the Service and consistent                  ADDRESSES.                                            Management, Burley Field Office, 15
                                                  with our January 2011 Draft Eagle                                                                             East 200 South, Burley, Idaho 83318.
                                                  Conservation Plan Guidance (http://                     Public Availability of Comments                       email: BLM_ID_BurleyOffice@blm.gov.
                                                  www.fws.gov/windenergy/docs/ECP_                          We will consider public comments on                 FOR FURTHER INFORMATION CONTACT:
                                                  draft_guidance_2_10_final_clean_                        the DEA when making the final                         Dennis Thompson, Outdoor Recreation
                                                  omb.pdf). The Draft ECP was later                       determination on NEPA compliance and                  Planner, at 208–677–6664 or by email at


                                             VerDate Sep<11>2014   19:16 Oct 27, 2015   Jkt 238001   PO 00000   Frm 00051   Fmt 4703   Sfmt 4703   E:\FR\FM\28OCN1.SGM   28OCN1


                                                  66034                     Federal Register / Vol. 80, No. 208 / Wednesday, October 28, 2015 / Notices

                                                  dthompson@blm.gov. Persons who use a                    Traditional Cultural Property under the               adversely affect, in a material way, the
                                                  telecommunications device for the deaf                  National Historic Preservation Act.                   economy; productivity; competition;
                                                  (TDD) may call the Federal Information                    These supplementary rules will help                 jobs; environment; public health or
                                                  Relay Service (FIRS) at 1–800–877–8339                  the BLM achieve management objectives                 safety; or State, local, or tribal
                                                  to contact Mr. Thompson.                                and implement the Cassia RMP                          governments or communities. The final
                                                  SUPPLEMENTARY INFORMATION:                              amendment. They will also provide the                 supplementary rules will not create a
                                                  I. Background                                           BLM with enforcement capability to                    serious inconsistency or otherwise
                                                  II. Discussion of Public Comments                       help prevent damage to cultural and                   interfere with an action taken or
                                                  III. Discussion of Supplementary Rules                  natural resources.                                    planned by another agency. They will
                                                  IV. Procedural Matters                                                                                        not materially alter the budgetary effects
                                                                                                          II. Discussion of Public Comments                     of entitlements, grants, user fees, or loan
                                                  I. Background                                             The BLM published the proposed                      programs or the right or obligations of
                                                     Castle Rocks is a dramatic geologic                  supplementary rules in the Federal                    their recipients; nor will they raise
                                                  area located in the southern Albion                     Register on October 15, 2014 (79 FR                   novel legal or policy issues. The
                                                  Mountain Range of Cassia County,                        61899). Public comments were accepted                 supplementary rules merely contain
                                                  Idaho. Castle Rocks consists primarily of               for a 60-day period ending on December                rules of conduct for public use of a
                                                  quartz-monzonite, a type of granite                     15, 2014. The BLM received three                      limited selection of public lands to
                                                  associated with the Almo Pluton.                        comments. One comment favored                         prevent adverse effects to significant
                                                  Pinnacles and monoliths, towering over                  protecting the resources, one comment                 traditional cultural properties and rare
                                                  400 feet in local relief, characterize the              was against any restriction on Federal                historic, geologic, and scenic values at
                                                  area. Castle Rocks currently contains                   lands, and the third comment did not                  Castle Rocks.
                                                  nearly pristine cultural and natural                    apply to the Castle Rocks area. The
                                                  resources.                                                                                                    National Environmental Policy Act
                                                                                                          comments received were not specific or                (NEPA)
                                                     Until 2003, a difficult and lengthy                  confined to the issues pertinent to the
                                                  hike from Stines Pass was the only way                  proposed rules, nor did they                            The BLM prepared an EA as part of
                                                  to access Castle Rocks, due to the                      recommend change or clarification;                    the development of the Cassia RMP
                                                  unique ownership pattern and                            therefore, no changes were made to the                amendment at Castle Rocks. During that
                                                  geography of the surrounding lands.                     proposed supplementary rules.                         NEPA process, alternative decisions for
                                                  This limited access helped preserve rare                                                                      the Cassia RMP amendment were fully
                                                  resources that are of great importance to               III. Discussion of Supplementary Rules                analyzed or discussed and offered for
                                                  the Shoshone-Bannock Tribes of Fort                        Supplementary rules are necessary to               public comment, including the
                                                  Hall and the Shoshone-Paiute Tribes of                  protect the cultural and natural                      substance of these supplementary rules.
                                                  Duck Valley. Castle Rocks became less                   resources within the 400-acre BLM                     The pertinent analysis can be found in
                                                  isolated after the passage of the Castle                parcel at Castle Rocks as described in                Chapter 4 of the Cassia RMP
                                                  Rock Ranch Acquisition Act of 2000                      the environmental assessment (EA) for                 Amendment and Proposed Decision
                                                  (Pub. L. 106–421), which authorized the                 the Cassia RMP amendment.                             Record, April 2013. The ROD for the
                                                  National Park Service (NPS) to purchase                    The supplementary rules prohibit                   Cassia RMP was signed by the Idaho
                                                  a private ranch that provided more                      traditional rock climbing, sport rock                 BLM State Director on November 20,
                                                  convenient public access on the east                    climbing, bouldering, staging, trail                  2013. These final supplementary rules
                                                  side of the geologic area. After the                    building, and camping on BLM-                         will provide for enforcement of the plan
                                                  acquisition, the NPS exchanged the                      administered public land within the                   decisions. The rationale for the
                                                  property with the Idaho Department of                   Castle Rocks area because of potential                decisions made is fully covered in the
                                                  Parks and Recreation (IDPR) for other                   adverse effects to significant Traditional            ROD, which is available for review in
                                                  lands adjacent to existing NPS                          Cultural Properties, and rare historic,               the BLM administrative record at the
                                                  properties.                                             geologic, scenic and cultural resources               location specified in the ADDRESSES
                                                     Since May 25, 2003, the IDPR has                                                                           section and online at https://
                                                                                                          resulting from these activities. Use of
                                                  provided park facilities and managed                                                                          eplanning.blm.gov/epl-front-office/
                                                                                                          the existing Stines Creek trail as shown
                                                  recreation at Castle Rocks. Since 2003,                                                                       eplanning/planAndProject
                                                                                                          on the 2012 Oakley 1:100,000 surface
                                                  the BLM has been protecting resources                                                                         Site.do?methodName=dispatchTo
                                                                                                          management Status Map and free solo
                                                  on the 400-acre parcel under its                                                                              PatternPage&currentPageId=47887.
                                                                                                          climbing—that is, climbing which does
                                                  management through a series of
                                                                                                          not use ropes, harnesses or other                     Regulatory Flexibility Act
                                                  temporary closure orders prohibiting
                                                                                                          protective gear during ascent—are still                  Congress enacted the Regulatory
                                                  rock climbing, camping, staging, and
                                                                                                          authorized. The EA for the Cassia RMP                 Flexibility Act of 1980 (RFA), as
                                                  trail building. In 2012, the BLM
                                                  determined that amending the Cassia                     amendment (Appendix II) designates                    amended, 5 U.S.C. 601–612, to ensure
                                                  RMP was necessary to properly manage                    the trail appropriate for foot, horse, or             that Government regulations do not
                                                  the area. The decision in the Plan                      bike use and describes the authorized                 unnecessarily or disproportionately
                                                  Amendment is to close the area                          course of the trail.                                  burden small entities. The RFA requires
                                                  permanently to rock climbing, camping,                  IV. Procedural Matters                                a regulatory flexibility analysis if a rule
                                                  staging, and trail building. This decision                                                                    will have a significant economic impact,
                                                  will protect significant cultural                       Executive Orders 12866, Regulatory                    either detrimental or beneficial, on a
                                                                                                          Planning and Review
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  resources that were, or had the potential                                                                     substantial number of small entities.
                                                  to be, adversely impacted by these                         The final supplementary rules are not              These final supplementary rules will
                                                  activities. The Shoshone-Bannock                        a significant regulatory action and are               merely establish rules of conduct for use
                                                  Tribes of Fort Hall and the Shoshone-                   not subject to review by the Office of                of a limited area of public lands and
                                                  Paiute Tribes of Duck Valley consider                   Management and Budget under                           will have no effect on business entities
                                                  the area a sacred site and have requested               Executive Orders 12866. They will not                 of any size. Therefore, the BLM has
                                                  the assistance of the BLM Burley Field                  have an effect of $100 million or more                determined, under the RFA, that the
                                                  Office in nominating the area as a                      on the economy. They will not                         final supplementary rules will not have


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                                                                            Federal Register / Vol. 80, No. 208 / Wednesday, October 28, 2015 / Notices                                                66035

                                                  a significant economic impact on a                      Executive Order 12988, Civil Justice                  Supplementary Rules for the Portion of the
                                                  substantial number of small entities.                   Reform                                                Castle Rocks Area Managed by the U.S.
                                                                                                                                                                Bureau of Land Management
                                                  Small Business Regulatory Enforcement                      The BLM has determined that these                  Definitions
                                                  Fairness Act                                            final supplementary rules will not
                                                                                                                                                                   Traditional rock climbing means a style of
                                                                                                          unduly burden the judicial system and
                                                     These final supplementary rules do                                                                         climbing where a climber or group of
                                                  not constitute a ‘‘major rule’’ as defined              that they meet the requirements of                    climbers places all gear required to protect
                                                  at 5 U.S.C. 804(2). They will not result                sections 3(a) and 3(b)(2) of Executive                against falls and removes it when passage is
                                                  in an effect on the economy of $100                     Order 12988.                                          complete.
                                                  million or more, an increase in costs or                                                                         Sport rock climbing means a style of
                                                                                                          Executive Order 13175, Consultation
                                                  prices, or significant adverse effects on                                                                     climbing that relies on fixed protection
                                                                                                          and Coordination with Indian Tribal                   against falls, usually bolts and/or top
                                                  competition, employment, investment,                    Governments
                                                  productivity, innovation, or the ability                                                                      anchors.
                                                                                                                                                                   Bouldering means ropeless climbing that
                                                  of United States-based enterprises to                     Consultation and Coordination with                  involves short, sequential moves on rock
                                                  compete with foreign-based enterprises                  the Shoshone-Bannock and the                          usually no more than 20 feet off the ground
                                                  in domestic and export markets. These                   Shoshone-Paiute Tribes has been                       and uses bouldering crash pads at the base
                                                  final supplementary rules will merely                   ongoing since 2010. The Tribes have                   of the climbing area to prevent injuries from
                                                  establish rules of conduct for use of a                 been fully briefed and support these                  falls.
                                                  limited area of public lands and do not                 supplementary rules.                                     Staging means assembling, unpacking or
                                                  affect commercial or business activities                                                                      otherwise preparing gear for climbing;
                                                  of any kind.                                            Information Quality Act                               typically conducted at the base of the cliff,
                                                                                                                                                                where gear such a backpacks may also be left
                                                  Unfunded Mandates Reform Act                              The Information Quality Act (Section                during a climb, but in some cases, is
                                                                                                          515 of Pub. L. 106–554) requires Federal              conducted at the top of a cliff.
                                                    These final supplementary rules will                  agencies to maintain adequate quality,                   Trail building means the act of creating
                                                  not impose an unfunded mandate on                       objectivity, utility, and integrity of the            new travel routes through the use of tools; or
                                                  State, local, or tribal governments or the              information that they disseminate. In                 user-created trails developed through
                                                  private sector of more than $100 million                developing these supplementary rules,                 repeated visits to a specific destination. EA
                                                  per year nor do they have a significant                                                                       DOI–BLM–ID–T020–2013–0010–EA
                                                                                                          the BLM did not conduct or use a study,
                                                  or unique effect on State, local, or tribal                                                                   Appendix II serves as the baseline for
                                                                                                          experiment, or survey or disseminate
                                                  governments or the private sector.                                                                            existing trails on BLM lands.
                                                  Therefore, the BLM is not required to                   any information to the public.
                                                                                                                                                                   Camping means setting up, occupying or
                                                  prepare a statement containing the                      Executive Order 13211, Actions                        making use of a place for shelter or overnight
                                                  information required by the Unfunded                    Concerning Regulations That                           stay.
                                                  Mandates Reform Act (2 U.S.C. 1531 et                   Significantly Affect Energy Supply,                      On BLM-administered public land within
                                                  seq.).                                                                                                        the Castle Rocks area, the following
                                                                                                          Distribution, or Use
                                                                                                                                                                supplementary rules apply:
                                                  Executive Order 12630, Governmental                       These final supplementary rules will                   1. Traditional and sport rock climbing and
                                                  Actions and Interference With                           not constitute a significant energy                   bouldering are prohibited.
                                                  Constitutionally Protected Property                                                                              2. Staging is prohibited.
                                                                                                          action. These final supplementary rules
                                                  Rights (Takings)                                                                                                 3. Camping is prohibited.
                                                                                                          will not have an adverse effect on                       4. Trail building is prohibited.
                                                     These final supplementary rules will                 energy supplies, production, or
                                                                                                                                                                   Exceptions: The following persons are
                                                  not have significant takings implications               consumption, and have no connection                   exempt from these supplementary rules:
                                                  nor will they be capable of interfering                 with energy policy.                                      A. Any Federal, State, local, and/or
                                                  with constitutionally protected property                                                                      military employee acting within the scope of
                                                                                                          Paperwork Reduction Act
                                                  rights. Therefore, the BLM has                                                                                their duties;
                                                  determined that these rules will not                      These final supplementary rules do                     B. Members of any organized rescue or fire-
                                                  cause a ‘‘taking’’ of private property or               not contain information collection                    fighting force performing an official duty;
                                                  require preparation of a takings                        requirements that the Office of                       and
                                                  assessment.                                                                                                      C. Persons, agencies, municipalities or
                                                                                                          Management and Budget must approve
                                                                                                                                                                companies holding an existing special use
                                                  Executive Order 13132, Federalism                       under the Paperwork Reduction Act of                  permit and operating within the scope of
                                                                                                          1995, 44 U.S.C. 3501 et seq.                          their permit.
                                                    These final supplementary rules will
                                                                                                          Author                                                   Penalties: On public lands under Section
                                                  not have a substantial direct effect on
                                                                                                                                                                303(a) of the Federal Land Policy and
                                                  the States, on the relationship between                   The principal author of these                       Management Act of 1976 (43 U.S.C. 1733(a))
                                                  the Federal Government and the States,                  supplementary rules is Amanda M.                      and 43 CFR 8360.0–7, any person who
                                                  or on the distribution of power and                     Dodson, Acting Burley Field Manager,                  violates any of these supplementary rules
                                                  responsibilities among the various                      Bureau of Land Management.                            may be tried before a United States
                                                  levels of government. These final                                                                             Magistrate and fined no more than $1,000 or
                                                  supplementary rules will not conflict                     For the reasons stated in the                       imprisoned for no more than 12 months or
                                                                                                          Preamble, and under the authority of 43
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  with any law or regulation of the State                                                                       both. Such violations may also be subject to
                                                  of Idaho. Therefore, in accordance with                 CFR 8365.1–6, the Burley Field Office,                enhanced fines provided for by 18 U.S.C.
                                                  Executive Order 13132, the BLM has                      Bureau of Land Management,                            3571.
                                                  determined that these final                             establishes supplementary rules for
                                                  supplementary rules will not have                       BLM-administered lands covered under                  Timothy M. Murphy,
                                                  sufficient federalism implications to                   the Cassia Resource Management Plan                   BLM Idaho State Director.
                                                  warrant preparation of a Federalism                     Amendment at Castle Rocks, to read as                 [FR Doc. 2015–27373 Filed 10–27–15; 8:45 am]
                                                  Assessment.                                             follows:                                              BILLING CODE 4310–GG–P




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Document Created: 2018-02-27 08:58:00
Document Modified: 2018-02-27 08:58:00
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of final supplementary rules.
DatesThese supplementary rules are effective on November 27, 2015.
ContactDennis Thompson, Outdoor Recreation Planner, at 208-677-6664 or by email at [email protected] Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1- 800-877-8339 to contact Mr. Thompson.
FR Citation80 FR 66033 

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