81_FR_12983 81 FR 12935 - Notice of Proposed Supplementary Rules for Shooting on Public Lands Managed by the BLM Hollister Field Office, California

81 FR 12935 - Notice of Proposed Supplementary Rules for Shooting on Public Lands Managed by the BLM Hollister Field Office, California

DEPARTMENT OF THE INTERIOR
Bureau of Land Management

Federal Register Volume 81, Issue 48 (March 11, 2016)

Page Range12935-12938
FR Document2016-05400

The Bureau of Land Management (BLM) is proposing supplementary rules for shooting on public lands administered by the Hollister Field Office, California. The proposed supplementary rules would help protect public safety, facilitate resource protection, and improve recreation opportunities in the area. These proposed supplementary rules are intended to allow for enforcement as a tool in minimizing the adverse effects of shooting activities. Upon completion, the supplementary rules will be available for inspection in the Hollister Field Office, and they will be announced broadly through the news media and direct mail to the constituents included on the Hollister Field Office mail list. BLM personnel will also provide personal briefings with interested agencies and organizations.

Federal Register, Volume 81 Issue 48 (Friday, March 11, 2016) 
[Federal Register Volume 81, Number 48 (Friday, March 11, 2016)]
[Notices]
[Pages 12935-12938]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-05400]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLCAC09000 L12100000 MD0000 15X]


Notice of Proposed Supplementary Rules for Shooting on Public 
Lands Managed by the BLM Hollister Field Office, California

AGENCY: Bureau of Land Management, Interior.

ACTION: Proposed supplementary rules.

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SUMMARY: The Bureau of Land Management (BLM) is proposing supplementary 
rules for shooting on public lands administered by the Hollister Field 
Office, California. The proposed supplementary rules would help protect 
public safety, facilitate resource protection, and improve recreation 
opportunities in the area.
    These proposed supplementary rules are intended to allow for 
enforcement as a tool in minimizing the adverse effects of shooting 
activities. Upon completion, the supplementary rules will be available 
for inspection in the Hollister Field Office, and they will be 
announced broadly through the news media and direct mail to the 
constituents included on the Hollister Field Office mail list. BLM 
personnel will also provide personal briefings with interested agencies 
and organizations.

DATES: Comments on the proposed supplementary rules must be received or 
postmarked by May 10, 2016 to be assured of consideration.

ADDRESSES: Mail or hand deliver all comments concerning the proposed 
supplementary rules to the Bureau of Land Management, 20 Hamilton 
Court, Hollister, CA 95023 or email comments to [email protected].

FOR FURTHER INFORMATION CONTACT: Rick Cooper, Hollister Field Manager 
or Brian Martin, Outdoor Recreation Planner, BLM Hollister Field 
Office, 20 Hamilton Court, Hollister, CA 95023, or telephone 831-630-
5000.

SUPPLEMENTARY INFORMATION: 

I. Public Comment Procedures

    The public is now invited to provide comments on the proposed 
supplementary rules. See the DATES and ADDRESSES sections for 
information on submitting comments. This notice and a map depicting the 
area that would be affected by the proposed supplementary rules are 
available for public review at the Hollister Field Office. The affected 
area is also shown on a map on the Hollister Field Office's Web site at 
http://www.blm.gov/ca/hollister.
    Written comments on the proposed supplementary rules should be 
specific,

[[Page 12936]]

confined to issues pertinent to the proposed supplementary rules, and 
should explain the reason for any recommended change. Where possible, 
comments should reference the specific section or paragraph of the rule 
that the comment is addressing. The BLM need not consider (a) comments 
that the BLM receives after the close of the comment period (see 
DATES), unless they are postmarked or electronically dated before the 
deadline, or (b) comments delivered to an address other than those 
listed above (See ADDRESSES).
    Comments, including names, street addresses, and other contact 
information of respondents, will be available for public review at the 
20 Hamilton Court, Hollister, CA 95023, during regular business hours 
(7:30 a.m. to 4:00 p.m.), Monday through Friday, except Federal 
holidays.
    Before including your address, telephone number, email address, or 
other personal identifying information in your comment, be advised that 
your entire comment, including your personal identifying information, 
may be made publicly available at any time. While you can ask us in 
your comment to withhold from public review your personal identifying 
information, we cannot guarantee that we will be able to do so. All 
submissions from organizations and businesses, and from individuals 
identifying themselves as representatives or officials of organizations 
or businesses, will be available for public inspection in their 
entirety.

II. Background

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

III. Discussion of Proposed Supplementary Rules

    As noted in the Record of Decision (ROD) for the Resource 
Management Plan for the Southern Diablo Mountain Range and the Central 
Coast of California (September 2007), the BLM has allowed shooting on 
public lands for several years, and has been monitoring activities at 
popular shooting areas. As use has increased, the BLM has observed 
increasing hazards to visitors and to natural resources due to fires 
and improper disposal of household items, garbage, and electronic waste 
abandoned on the public lands.
    These hazards have been observed in connection with the use of 
firearms and shooting activities. Thus, the proposed supplementary 
rules would apply to all shooting activities. Persons performing tasks 
central to the BLM's mission would be exempt. Such persons would 
include, for example, members of any organized law enforcement, rescue, 
or fire-fighting force.
    The proposed supplementary rules are needed to provide consistency 
and uniformity for shooting on BLM-administered lands throughout the 
Hollister Field Office, and to prevent user conflicts and provide 
greater safety to the visiting public.
    Recreational target shooting is recognized as a legitimate use of 
public lands; however, in areas where target shooting is concentrated, 
excessive resource damage and serious conflicts with other uses often 
occur. Therefore, supplementary rules related to target shooting are 
necessary to address the following issues and concerns:
    Public Safety: As visitation increases among all types of 
recreational users, so do the conflicts between user groups. In crowded 
areas, shooting increases conflicts among users and threatens user 
safety. Other recreationists and nearby landowners have concerns for 
their personal safety, as well as damage to property.
    Resource Damage: Concentrated target shooting areas result in high 
levels of damage and impacts. Direct impacts associated with these 
areas are the shooting of trees and rocks and soil contamination from 
lead bullets. The indirect impacts include: Increased risk and 
frequency of wildfires, litter, new route proliferation, vandalism, 
illegal dumping and other illegal activities. These areas require more 
clean-up efforts, monitoring and law enforcement presence, and user 
education efforts than areas where concentrated target shooting does 
not occur.
    Noise: Repetitive noise from concentrated target shooting areas 
impacts all other recreational activities and the quality of life for 
nearby residents.
    Exclusive use: Exclusive use is created as target shooting becomes 
concentrated and displaces other recreation users from the area. Many 
other types of recreational users such as hikers, equestrians, and 
mountain bikers tend to avoid these areas because of the continuous 
noise of gunfire and concerns for their own personal safety.
    At present, no supplementary rules are in effect for shooting on 
lands managed by the Hollister Field Office where issues associated 
with target shooting are most prevalent. Therefore, these supplementary 
rules are proposed to implement the ROD for the Resource Management 
Plan for the Southern Diablo Mountain Range and the Central Coast of 
California (September 2007) with respect to use of firearms and 
shooting activities.

IV. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    These proposed supplementary rules are not a significant regulatory 
action and are not subject to review by the Office of Management and 
Budget under Executive Order 12866. The proposed supplementary rules 
would not have an annual effect of $100 million or more on the economy. 
They are not intended to affect commercial activity, but impose rules 
of conduct on recreational visitors for public safety and resource 
protection reasons in a limited area of public lands. These 
supplementary rules would not adversely affect, in a material way, the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities. These proposed supplementary rules would not create a 
serious inconsistency or otherwise interfere with an action taken or 
planned by another agency. These proposed supplementary rules do not 
materially alter the budgetary effects of entitlements, grants, user 
fees, or loan programs or the right or obligations of their recipients, 
nor do they raise novel legal or policy issues. They merely strive to 
protect public safety and the environment.

Clarity of the Rules

    Executive Order 12866 requires each agency to write regulations 
that are simple and easy to understand. The BLM invites your comments 
on how to make these proposed supplementary rules easier to understand, 
including answers to questions such as the following:
    (1) Are the requirements in the proposed supplementary rules 
clearly stated?
    (2) Do the proposed supplementary rules contain technical language 
or jargon that interferes with their clarity?
    (3) Does the format of the proposed supplementary rules (grouping 
and order of sections, use of headings, paragraphing, etc.) aid or 
reduce their clarity?
    (4) Would the proposed supplementary rules be easier to understand 
if they were divided into more (but shorter) sections?

[[Page 12937]]

    (5) Is the description of the proposed supplementary rules in the 
SUPPLMENTARY INFORMATION section of this preamble helpful in 
understanding the proposed supplementary rules? How could this 
description be more helpful in making the proposed supplementary rules 
easier to understand?
    Please send any comments you may have on the clarity of the 
proposed supplementary rules to one of the addresses specified in the 
ADDRESSES section.

National Environmental Policy Act

    The BLM prepared an environmental assessment (EA) dated April 6, 
2015, and found that the proposed supplementary rules would not 
constitute a major Federal action significantly affecting the quality 
of the human environment under Section 102(2)(C) of the National 
Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4332(2)(C). The 
proposed supplementary rules merely contain rules of conduct for the 
BLM public lands administered by the Hollister Field Office within the 
Central California District. These rules are designed to protect the 
environment and public safety. A detailed statement under NEPA is not 
required. The BLM has placed the EA and the Finding of No Significant 
Impact (FONSI) on file in the BLM Administrative Record at the address 
specified in the ADDRESSES section.
    As documented in Environmental Assessment DOI-BLM-CA-0900-2012-49-
EA, and the associated Finding of No Significant Impact and Decision 
Record, the proposed supplementary rules do not constitute a major 
Federal action significantly affecting the quality of the human 
environment under Section 102(2)(C) of the National Environmental 
Policy Act of 1969, 42 U.S.C. 4332(2)(C).

Regulatory Flexibility Act

    Congress enacted the Regulatory Flexibility Act (RFA), 5 U.S.C. 
601-612, to ensure that Government regulations do not unnecessarily or 
disproportionately burden small entities. The RFA requires a regulatory 
flexibility analysis if a rule would have a significant economic 
impact, either detrimental or beneficial, on a substantial number of 
small entities. The proposed supplementary rules do 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 under the RFA that the proposed supplementary rules 
would not have a significant economic impact on a substantial number of 
small entities.

Small Business Regulatory Enforcement Fairness Act

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

Unfunded Mandates Reform Act

    These proposed supplementary rules would not impose an unfunded 
mandate on State, local, or tribal Governments in the aggregate, or the 
private sector, of more than $100 million per year; nor would they have 
a significant or unique effect on small governments. These proposed 
supplementary rules do not require anything of State, local, or tribal 
governments. Therefore, the BLM is not required to prepare a statement 
containing the information required by the Unfunded Mandates Reform 
Act, 2 U.S.C. 1531 et seq.

Executive Order 12630, Governmental Actions and Interference With 
Constitutionally Protected Property Rights (Takings)

    These proposed supplementary rules are not a government action 
capable of interfering with constitutionally protected property rights. 
These proposed supplementary rules do not address property rights in 
any form, and do not cause the impairment of anybody's property rights. 
Therefore, the BLM has determined that these proposed supplementary 
rules would not cause a taking of private property or require further 
discussion of takings implications under this Executive Order.

Executive Order 13132, Federalism

    These proposed supplementary rules would not have a substantial 
direct effect on the states, on the relationship between the Federal 
Government and the states, or on the distribution of power and 
responsibilities among the various levels of government. These proposed 
supplementary rules apply on a limited area of land in only one State, 
California. Therefore, the BLM has determined that these proposed 
supplementary rules do not have sufficient Federalism implications to 
warrant preparation of a Federalism assessment.

Executive Order 12988, Civil Justice Reform

    Under Executive Order 12988, the BLM has determined that these 
proposed supplementary rules would not unduly burden the judicial 
system and that the requirements of sections 3(a) and 3(b)(2) of the 
Order are met. These supplementary rules contain rules of conduct for 
recreational use of certain public lands to protect public safety and 
the environment.

Executive Order 13175, Consultation and Coordination With Indian Tribal 
Governments

    In accordance with Executive Order 13175, the BLM has found that 
these proposed supplementary rules do not include policies that have 
tribal implications. These proposed supplementary rules do not affect 
lands held in trust for the benefit of Native American tribes, 
individual Indians, Aleuts, or others.

Paperwork Reduction Act

    These proposed supplementary rules do 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.

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

    These proposed supplementary rules do not comprise a significant 
energy action. These supplementary rules would not have an adverse 
effect on energy supplies, production, or consumption. They only 
address rules of conduct for recreational use of certain public lands 
to protect public safety and the environment, and have no connection 
with energy policy.

Author

    The principal author of the proposed supplementary rules is Brian 
Martin, BLM Chief Law Enforcement Officer for the Hollister Field 
Office, California.
    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, proposes to issue 
these supplementary rules for public lands managed by the BLM in 
California, to read as follows:

Supplementary Rules

Definitions

    Alcoholic beverage means any beverage that, when consumed, will 
produce intoxication.

[[Page 12938]]

    Controlled substance means any substance so designated by law 
whose availability is restricted, including, but not limited to, 
narcotics, stimulants, depressants, hallucinogens, and marijuana.
    Destructive device means any type of weapon, by whatever name 
known, which will, or which may be readily converted to expel a 
projectile by the action of an explosive or other propellant, the 
barrel or barrels of which have a bore of more than 0.60 caliber, 
except a shotgun or shotgun shell, which is generally recognized as 
particularly suitable for sporting purposes.
    Developed recreation area/site means any site or area that 
contains structures or capital improvements primarily used by the 
public for recreation purposes. Such areas or sites may include such 
features as: Delineated spaces for parking, camping, boat launching, 
sanitary facilities, potable water, grills, fire rings, tables, or 
controlled access.
    Explosive, chemical, or incendiary device means any tracer 
round, incendiary bomb, grenade, fire bomb, chemical bomb, or device 
which consists of or includes a breakable or non-breakable container 
including a flammable liquid or compound, or any breakable container 
which consists of or includes a chemical mixture that explodes with 
fire or force and can be shot at or shot from a firearm, carried, or 
thrown. A cartridge containing or carrying an explosive agent and 
bullet is not an explosive device as that term is used here.
    Firearm means an instrument used in the propulsion of shot, 
shell, or bullets by the action of gunpowder exploded within it.
    Loaded firearm means a firearm that has an unexpended cartridge 
of powder and a bullet or shot in or attached in any manner to the 
firearm including, but not limited to, in the firing chamber, 
magazine, or clip thereof attached to the firearm or a muzzle loader 
firearm that is capped or primed and has a powder charge and ball or 
shot in the cylinder or barrel.
    Target means items designed, manufactured, or built specifically 
for the purpose of target shooting which can be completely removed 
following use.
    Target shooting means shooting a weapon for recreational 
purposes when game is not being legally pursued.
    Public lands means any lands or interest in lands managed by the 
BLM.
    Pyrotechnic device means any device manufactured or used to 
produce a visible or audible effect by combustion, deflagration, or 
detonation. This includes, but is not limited to, such devices as 
exploding targets that are detonated when struck by a projectile 
such as a bullet fired from a firearm.
    Weapon means any firearm, cross bow, bow and arrow, paint gun, 
fireworks, or explosive device capable of propelling a projectile 
either by means of an explosion, compressed gas, or by string or 
spring.
    1. These supplementary rules apply, except as specifically 
exempted, to all shooting activities on public lands administered by 
the Hollister Field Office, California.
    2. These supplementary rules are in effect year-around and will 
remain in effect until modified by the State Director.
    3. The following persons are exempt from these supplementary 
rules: Any Federal, State, or local government 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 Bureau of Land Management.
    4. All persons must abide by all Federal and State laws, rules, 
and regulations pertaining to firearms and weapons for all shooting 
activities on public lands.
    5. No person shall, unless it is posted as allowed, target shoot 
with a weapon within 50 feet of the center line of any public road.
    6. No person shall shoot or discharge any weapon across any 
public road or signed trail.
    7. No person shall, unless it is posted as allowed, shoot or 
discharge any weapon within 150 yards of any developed recreation 
area/site.
    8. No person shall shoot or discharge any weapon toward or in 
the direction of any public road, signed trail, or developed 
recreation area/site where this action could create a hazard to life 
or property.
    9. No person shall consume or be under the influence of an 
alcoholic beverage or a controlled substance while shooting or 
discharging any weapon on public lands.
    10. No person shall shoot or discharge any firearm loaded with 
tracer bullets on public lands.
    11. No person shall shoot or discharge any weapon at any 
construction materials, office products, or household items 
including, but not limited to, appliances, furniture, electronic 
waste, or other objects containing glass on public lands. Targets 
designed, manufactured, or built specifically for the purpose of 
target shooting and which can be completely removed following use 
are allowed.
    12. No person shall shoot or discharge any weapon at clay 
pigeons on public lands.
    13. No person shall shoot or discharge any weapon at any tree, 
cactus, shrub, or similar vegetative object, fence post, or any 
other public lands infrastructure. This includes the use of these 
objects to support targets.
    14. Persons shooting or discharging any weapon on public lands 
are required to remove and properly dispose of all shooting 
materials, including targets, shell boxes, shell casings, hulls, and 
brass.
    15. No person shall transport in a vehicle or conveyance or its 
attachments on any public land, or roads, a firearm, unless it is 
unloaded or dismantled.
    16. No person shall have a loaded firearm on display when in any 
developed recreation area.
    17. No person shall shoot or discharge any weapon from a 
powerboat, sailboat, motor vehicle, or aircraft.
    18. No person shall, except with a valid permit, carry a 
concealed firearm on public lands.
    19. No person shall possess or use any pyrotechnic device on 
public lands. This prohibition includes, but is not limited to, 
devices such as exploding targets that are detonated when struck by 
a projectile such as a bullet fired from a firearm.
    20. No person shall possess or use any destructive, explosive, 
or incendiary (including chemical) device on public lands. This 
prohibition includes, but is not limited to, any homemade or 
manufactured bomb, cannon, mortar, or similar device.

Enforcement

    Any person who violates any of these supplementary rules may be 
tried before a United States Magistrate and fined in accordance with 
18 U.S.C. 3571, imprisoned no more than 12 months under 43 U.S.C. 
1733(a) and 43 CFR 8360.0-7, or both. In accordance with 43 CFR 
8365.1-7, State or local officials may also impose penalties for 
violations of California law.

Joe Stout,
Acting BLM California State Director.
[FR Doc. 2016-05400 Filed 3-10-16; 8:45 am]
 BILLING CODE 4310-40-P

Federal Register / Vol. 81, No. 48 / Friday, March 11, 2016 / Notices 12935 received during public comment on the Alternative 5 would require five plan DEPARTMENT OF THE INTERIOR Draft Supplemental EIS, on new, amendments to three current land use relevant information acquired after the plans so that the project would conform Bureau of Land Management Draft Supplemental EIS is published, or to the respective plans. The following [LLCAC09000 L12100000 MD0000 15X] on changes in BLM policies or land use plans would be amended in a priorities. The Final Supplemental EIS decision selecting Alternative 5: Notice of Proposed Supplementary may include actions described in the Rules for Shooting on Public Lands Twin Falls MFP other analyzed alternatives as well. Managed by the BLM Hollister Field Alternative 2 would require 12 plan Snake River Birds of Prey RMP Bruneau MFP. Office, California amendments to six current land use plans so that the project would conform In order to authorize the Segment 8 AGENCY: Bureau of Land Management, to the respective plans. The following Interior. alignment in this alternative, two land land use plans would be amended in a use plans would need to be amended. ACTION: Proposed supplementary rules. decision selecting Alternative 2: The SRBOP RMP would require an SUMMARY: The Bureau of Land Twin Falls MFP amendment to allow an additional ROW Management (BLM) is proposing Jarbidge RMP (1987, for areas not covered by and designate an additional corridor for supplementary rules for shooting on the 2015 Jarbidge RMP) two 500-kV lines, as well as an Snake River Birds of Prey RMP public lands administered by the Bennett Hills/Timmerman Hills MFP amendment to allow the project within Hollister Field Office, California. The Kuna MFP 0.5 mile of sensitive plant habitat. The proposed supplementary rules would Bruneau MFP. Bruneau MFP would also need to be help protect public safety, facilitate In order to authorize Segment 8 in this amended to change the classification for resource protection, and improve alternative, four land use plans would a VRM Class II parcel near Castle Creek recreation opportunities in the area. need to be amended. The Kuna MFP to VRM Class III. These same These proposed supplementary rules would need an amendment to add a amendments to the SRBOP RMP and are intended to allow for enforcement as new major transmission line ROW. The Bruneau MFP would be needed for a tool in minimizing the adverse effects SRBOP RMP would need amendments Segment 9 in this alternative, as the of shooting activities. Upon completion, to allow the project within 0.5 mile of routes would parallel each other in the supplementary rules will be sensitive plant habitat, and to designate these planning areas. Authorizing the available for inspection in the Hollister an additional corridor to include the Segment 9 alignment in this alternative Field Office, and they will be Summer Lake 500-kV line and one announced broadly through the news would also require two additional additional 500-kV line. The 1987 media and direct mail to the amendments. The Twin Falls MFP Jarbidge RMP would need amendments constituents included on the Hollister would need amendments to allow the Field Office mail list. BLM personnel to reclassify an avoidance/restricted ROW outside of existing corridors, and area to allow an overhead 500-kV will also provide personal briefings with to reclassify VRM Class I and II areas interested agencies and organizations. powerline, to change the cultural adjacent to the Roseworth corridor to resource direction to allow disturbance DATES: Comments on the proposed VRM class III, while allowing a 500-kV supplementary rules must be received within 0.5 mile of National-Historic- line to cross the Salmon Falls Creek Trail ruts where visual resources are or postmarked by May 10, 2016 to be ACEC. assured of consideration. already compromised, and to change an area of VRM Class I to VRM Class IV, Please note that public comments and ADDRESSES: Mail or hand deliver all consistent with new policy guidance. information submitted, including comments concerning the proposed The Bennett Hills/Timmerman Hills names, street addresses, and email supplementary rules to the Bureau of MFP would need amendments changing addresses of persons who submit Land Management, 20 Hamilton Court, VRM Class II area to VRM Class III and comments, will be available for public Hollister, CA 95023 or email comments changing management direction review and disclosure at the above to dtmoore@blm.gov. regarding archaeological sites. ADDRESSES during regular business FOR FURTHER INFORMATION CONTACT: Rick In order to authorize Segment 9 in hours (8 a.m. to 4 p.m.), Monday Cooper, Hollister Field Manager or this alternative, three land use plans through Friday, except holidays. Brian Martin, Outdoor Recreation would need to be amended. The SRBOP Before including your address, phone Planner, BLM Hollister Field Office, 20 RMP would need an amendment to number, email address, or other Hamilton Court, Hollister, CA 95023, or allow the project within 0.5 mile of personal identifying information in your telephone 831–630–5000. sensitive plant habitat (the same comment, you should be aware that SUPPLEMENTARY INFORMATION: amendment as for Segment 8 in this your entire comment—including your I. Public Comment Procedures alternative) and to designate an personal identifying information—may additional corridor to include one The public is now invited to provide be made publicly available at any time. additional 500-kV line. The Bruneau comments on the proposed While you can ask us in your comment MFP would require an amendment to supplementary rules. See the DATES and to withhold your personal identifying change the classification for a VRM ADDRESSES sections for information on Class II parcel near Castle Creek to VRM information from public review, we submitting comments. This notice and a Class III. The Twin Falls MFP would cannot guarantee that we will be able to map depicting the area that would be asabaliauskas on DSK3SPTVN1PROD with NOTICES need amendments to allow the ROW do so. affected by the proposed supplementary outside of existing corridors and to Authority: 40 CFR 1506.6, 40 CFR 1506.10, rules are available for public review at reclassify VRM Class I and II areas 43 CFR 1610.2. the Hollister Field Office. The affected adjacent to the Roseworth corridor to area is also shown on a map on the Timothy M. Murphy, VRM class III, while allowing a 500-kV Hollister Field Office’s Web site at line to cross the Salmon Falls Creek BLM Idaho State Director. http://www.blm.gov/ca/hollister. Area of Critical Environmental Concern [FR Doc. 2016–05572 Filed 3–10–16; 8:45 am] Written comments on the proposed (ACEC). BILLING CODE 4310–GG–P supplementary rules should be specific, VerDate Sep<11>2014 17:56 Mar 10, 2016 Jkt 238001 PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 E:\FR\FM\11MRN1.SGM 11MRN1

12936 Federal Register / Vol. 81, No. 48 / Friday, March 11, 2016 / Notices confined to issues pertinent to the electronic waste abandoned on the where issues associated with target proposed supplementary rules, and public lands. shooting are most prevalent. Therefore, should explain the reason for any These hazards have been observed in these supplementary rules are proposed recommended change. Where possible, connection with the use of firearms and to implement the ROD for the Resource comments should reference the specific shooting activities. Thus, the proposed Management Plan for the Southern section or paragraph of the rule that the supplementary rules would apply to all Diablo Mountain Range and the Central comment is addressing. The BLM need shooting activities. Persons performing Coast of California (September 2007) not consider (a) comments that the BLM tasks central to the BLM’s mission with respect to use of firearms and receives after the close of the comment would be exempt. Such persons would shooting activities. period (see DATES), unless they are include, for example, members of any organized law enforcement, rescue, or IV. Procedural Matters postmarked or electronically dated before the deadline, or (b) comments fire-fighting force. Executive Order 12866, Regulatory delivered to an address other than those The proposed supplementary rules Planning and Review listed above (See ADDRESSES). are needed to provide consistency and uniformity for shooting on BLM- These proposed supplementary rules Comments, including names, street are not a significant regulatory action addresses, and other contact administered lands throughout the Hollister Field Office, and to prevent and are not subject to review by the information of respondents, will be Office of Management and Budget under available for public review at the 20 user conflicts and provide greater safety to the visiting public. Executive Order 12866. The proposed Hamilton Court, Hollister, CA 95023, supplementary rules would not have an Recreational target shooting is during regular business hours (7:30 a.m. annual effect of $100 million or more on recognized as a legitimate use of public to 4:00 p.m.), Monday through Friday, the economy. They are not intended to lands; however, in areas where target except Federal holidays. affect commercial activity, but impose shooting is concentrated, excessive Before including your address, resource damage and serious conflicts rules of conduct on recreational visitors telephone number, email address, or with other uses often occur. Therefore, for public safety and resource protection other personal identifying information supplementary rules related to target reasons in a limited area of public lands. in your comment, be advised that your shooting are necessary to address the These supplementary rules would not entire comment, including your following issues and concerns: adversely affect, in a material way, the personal identifying information, may Public Safety: As visitation increases economy, productivity, competition, be made publicly available at any time. among all types of recreational users, so jobs, the environment, public health or While you can ask us in your comment do the conflicts between user groups. In safety, or State, local, or tribal to withhold from public review your crowded areas, shooting increases governments or communities. These personal identifying information, we conflicts among users and threatens user proposed supplementary rules would cannot guarantee that we will be able to safety. Other recreationists and nearby not create a serious inconsistency or do so. All submissions from landowners have concerns for their otherwise interfere with an action taken organizations and businesses, and from personal safety, as well as damage to or planned by another agency. These individuals identifying themselves as property. proposed supplementary rules do not representatives or officials of Resource Damage: Concentrated target materially alter the budgetary effects of organizations or businesses, will be shooting areas result in high levels of entitlements, grants, user fees, or loan available for public inspection in their damage and impacts. Direct impacts programs or the right or obligations of entirety. associated with these areas are the their recipients, nor do they raise novel II. Background shooting of trees and rocks and soil legal or policy issues. They merely contamination from lead bullets. The strive to protect public safety and the The BLM establishes supplementary indirect impacts include: Increased risk environment. rules under the authority of 43 CFR and frequency of wildfires, litter, new 8365.1–6, which allows the BLM State Clarity of the Rules route proliferation, vandalism, illegal Directors to establish such rules for the dumping and other illegal activities. Executive Order 12866 requires each protection of persons, property, and These areas require more clean-up agency to write regulations that are public lands and resources. This efforts, monitoring and law enforcement simple and easy to understand. The regulatory provision allows the BLM to presence, and user education efforts BLM invites your comments on how to issue rules of less than national effect than areas where concentrated target make these proposed supplementary without codifying the rules in the Code shooting does not occur. rules easier to understand, including of Federal Regulations. Noise: Repetitive noise from answers to questions such as the concentrated target shooting areas following: III. Discussion of Proposed impacts all other recreational activities (1) Are the requirements in the Supplementary Rules and the quality of life for nearby proposed supplementary rules clearly As noted in the Record of Decision residents. stated? (ROD) for the Resource Management Exclusive use: Exclusive use is (2) Do the proposed supplementary Plan for the Southern Diablo Mountain created as target shooting becomes rules contain technical language or Range and the Central Coast of concentrated and displaces other jargon that interferes with their clarity? California (September 2007), the BLM recreation users from the area. Many (3) Does the format of the proposed asabaliauskas on DSK3SPTVN1PROD with NOTICES has allowed shooting on public lands other types of recreational users such as supplementary rules (grouping and for several years, and has been hikers, equestrians, and mountain bikers order of sections, use of headings, monitoring activities at popular tend to avoid these areas because of the paragraphing, etc.) aid or reduce their shooting areas. As use has increased, the continuous noise of gunfire and clarity? BLM has observed increasing hazards to concerns for their own personal safety. (4) Would the proposed visitors and to natural resources due to At present, no supplementary rules supplementary rules be easier to fires and improper disposal of are in effect for shooting on lands understand if they were divided into household items, garbage, and managed by the Hollister Field Office more (but shorter) sections? VerDate Sep<11>2014 17:56 Mar 10, 2016 Jkt 238001 PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 E:\FR\FM\11MRN1.SGM 11MRN1

Federal Register / Vol. 81, No. 48 / Friday, March 11, 2016 / Notices 12937 (5) Is the description of the proposed on a substantial number of small Executive Order 12988, Civil Justice supplementary rules in the entities. Reform SUPPLMENTARY INFORMATION section of Under Executive Order 12988, the this preamble helpful in understanding Small Business Regulatory Enforcement Fairness Act BLM has determined that these the proposed supplementary rules? How proposed supplementary rules would could this description be more helpful These proposed supplementary rules not unduly burden the judicial system in making the proposed supplementary do not constitute a ‘‘major rule’’ as and that the requirements of sections rules easier to understand? defined at 5 U.S.C. 804(2). These 3(a) and 3(b)(2) of the Order are met. Please send any comments you may proposed supplementary rules merely These supplementary rules contain have on the clarity of the proposed contain rules of conduct for recreational rules of conduct for recreational use of supplementary rules to one of the use of certain public lands. These certain public lands to protect public addresses specified in the ADDRESSES proposed supplementary rules would safety and the environment. section. not affect business, commercial, or Executive Order 13175, Consultation National Environmental Policy Act industrial use of the public lands. and Coordination With Indian Tribal The BLM prepared an environmental Unfunded Mandates Reform Act Governments assessment (EA) dated April 6, 2015, In accordance with Executive Order and found that the proposed These proposed supplementary rules 13175, the BLM has found that these supplementary rules would not would not impose an unfunded proposed supplementary rules do not constitute a major Federal action mandate on State, local, or tribal significantly affecting the quality of the include policies that have tribal Governments in the aggregate, or the human environment under Section implications. These proposed private sector, of more than $100 102(2)(C) of the National Environmental supplementary rules do not affect lands million per year; nor would they have Policy Act of 1969 (NEPA), 42 U.S.C. held in trust for the benefit of Native a significant or unique effect on small 4332(2)(C). The proposed American tribes, individual Indians, governments. These proposed supplementary rules merely contain Aleuts, or others. supplementary rules do not require rules of conduct for the BLM public anything of State, local, or tribal Paperwork Reduction Act lands administered by the Hollister governments. Therefore, the BLM is not These proposed supplementary rules Field Office within the Central required to prepare a statement do not contain information collection California District. These rules are containing the information required by requirements that the Office of designed to protect the environment and the Unfunded Mandates Reform Act, 2 Management and Budget must approve public safety. A detailed statement U.S.C. 1531 et seq. under the Paperwork Reduction Act, 44 under NEPA is not required. The BLM U.S.C. 3501 et seq. has placed the EA and the Finding of No Executive Order 12630, Governmental Significant Impact (FONSI) on file in the Actions and Interference With Executive Order 13211, Actions BLM Administrative Record at the Constitutionally Protected Property Concerning Regulations That address specified in the ADDRESSES Rights (Takings) Significantly Affect Energy Supply, section. Distribution, or Use These proposed supplementary rules As documented in Environmental These proposed supplementary rules are not a government action capable of Assessment DOI–BLM–CA–0900–2012– do not comprise a significant energy interfering with constitutionally 49–EA, and the associated Finding of action. These supplementary rules protected property rights. These No Significant Impact and Decision would not have an adverse effect on proposed supplementary rules do not Record, the proposed supplementary energy supplies, production, or address property rights in any form, and rules do not constitute a major Federal consumption. They only address rules do not cause the impairment of action significantly affecting the quality of conduct for recreational use of certain anybody’s property rights. Therefore, of the human environment under public lands to protect public safety and the BLM has determined that these Section 102(2)(C) of the National the environment, and have no proposed supplementary rules would Environmental Policy Act of 1969, 42 connection with energy policy. not cause a taking of private property or U.S.C. 4332(2)(C). require further discussion of takings Author Regulatory Flexibility Act implications under this Executive Order. The principal author of the proposed Congress enacted the Regulatory supplementary rules is Brian Martin, Flexibility Act (RFA), 5 U.S.C. 601–612, Executive Order 13132, Federalism BLM Chief Law Enforcement Officer for to ensure that Government regulations the Hollister Field Office, California. do not unnecessarily or These proposed supplementary rules For the reasons stated in the disproportionately burden small would not have a substantial direct Preamble, and under the authority for entities. The RFA requires a regulatory effect on the states, on the relationship supplementary rules at 43 U.S.C. 1740 flexibility analysis if a rule would have between the Federal Government and and 43 CFR 8365.1–6, the California a significant economic impact, either the states, or on the distribution of State Director, Bureau of Land detrimental or beneficial, on a power and responsibilities among the Management, proposes to issue these substantial number of small entities. various levels of government. These asabaliauskas on DSK3SPTVN1PROD with NOTICES supplementary rules for public lands The proposed supplementary rules do proposed supplementary rules apply on managed by the BLM in California, to not pertain specifically to commercial or a limited area of land in only one State, read as follows: governmental entities of any size, but to California. Therefore, the BLM has public recreational use of specific determined that these proposed Supplementary Rules public lands. Therefore, the BLM has supplementary rules do not have Definitions determined under the RFA that the sufficient Federalism implications to Alcoholic beverage means any beverage proposed supplementary rules would warrant preparation of a Federalism that, when consumed, will produce not have a significant economic impact assessment. intoxication. VerDate Sep<11>2014 17:56 Mar 10, 2016 Jkt 238001 PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 E:\FR\FM\11MRN1.SGM 11MRN1

12938 Federal Register / Vol. 81, No. 48 / Friday, March 11, 2016 / Notices Controlled substance means any substance State, or local government officer or (including chemical) device on public lands. so designated by law whose availability is employee in the scope of their duties; This prohibition includes, but is not limited restricted, including, but not limited to, members of any organized law enforcement, to, any homemade or manufactured bomb, narcotics, stimulants, depressants, rescue, or fire-fighting force in performance cannon, mortar, or similar device. hallucinogens, and marijuana. of an official duty; and any person whose Destructive device means any type of activities are authorized in writing by the Enforcement weapon, by whatever name known, which Bureau of Land Management. Any person who violates any of these will, or which may be readily converted to 4. All persons must abide by all Federal supplementary rules may be tried before a expel a projectile by the action of an and State laws, rules, and regulations United States Magistrate and fined in explosive or other propellant, the barrel or pertaining to firearms and weapons for all accordance with 18 U.S.C. 3571, imprisoned barrels of which have a bore of more than shooting activities on public lands. no more than 12 months under 43 U.S.C. 0.60 caliber, except a shotgun or shotgun 5. No person shall, unless it is posted as 1733(a) and 43 CFR 8360.0–7, or both. In shell, which is generally recognized as allowed, target shoot with a weapon within accordance with 43 CFR 8365.1–7, State or particularly suitable for sporting purposes. 50 feet of the center line of any public road. local officials may also impose penalties for Developed recreation area/site means any 6. No person shall shoot or discharge any violations of California law. site or area that contains structures or capital weapon across any public road or signed improvements primarily used by the public trail. Joe Stout, for recreation purposes. Such areas or sites 7. No person shall, unless it is posted as Acting BLM California State Director. may include such features as: Delineated allowed, shoot or discharge any weapon [FR Doc. 2016–05400 Filed 3–10–16; 8:45 am] spaces for parking, camping, boat launching, within 150 yards of any developed recreation BILLING CODE 4310–40–P sanitary facilities, potable water, grills, fire area/site. rings, tables, or controlled access. 8. No person shall shoot or discharge any Explosive, chemical, or incendiary device weapon toward or in the direction of any means any tracer round, incendiary bomb, public road, signed trail, or developed DEPARTMENT OF THE INTERIOR grenade, fire bomb, chemical bomb, or device recreation area/site where this action could which consists of or includes a breakable or create a hazard to life or property. Bureau of Land Management non-breakable container including a 9. No person shall consume or be under the [LLCA932000.L13400000.DP0000.LXSSB flammable liquid or compound, or any influence of an alcoholic beverage or a 0020000.16X] breakable container which consists of or controlled substance while shooting or includes a chemical mixture that explodes discharging any weapon on public lands. with fire or force and can be shot at or shot Notice of Areas of Critical 10. No person shall shoot or discharge any Environmental Concern in the Desert from a firearm, carried, or thrown. A firearm loaded with tracer bullets on public cartridge containing or carrying an explosive Renewable Energy Conservation Plan lands. agent and bullet is not an explosive device Proposed Land Use Plan Amendment, 11. No person shall shoot or discharge any as that term is used here. California weapon at any construction materials, office Firearm means an instrument used in the products, or household items including, but AGENCY: Bureau of Land Management, propulsion of shot, shell, or bullets by the not limited to, appliances, furniture, Interior. action of gunpowder exploded within it. electronic waste, or other objects containing Loaded firearm means a firearm that has an ACTION: Notice. unexpended cartridge of powder and a bullet glass on public lands. Targets designed, manufactured, or built specifically for the or shot in or attached in any manner to the SUMMARY: In accordance with the firearm including, but not limited to, in the purpose of target shooting and which can be completely removed following use are National Environmental Policy Act of firing chamber, magazine, or clip thereof 1969, as amended, and the Federal Land attached to the firearm or a muzzle loader allowed. 12. No person shall shoot or discharge any Policy and Management Act of 1976, as firearm that is capped or primed and has a powder charge and ball or shot in the weapon at clay pigeons on public lands. amended, the Bureau of Land cylinder or barrel. 13. No person shall shoot or discharge any Management (BLM) announced Target means items designed, weapon at any tree, cactus, shrub, or similar availability of the Proposed Land Use manufactured, or built specifically for the vegetative object, fence post, or any other Plan Amendment (LUPA) and Final purpose of target shooting which can be public lands infrastructure. This includes the Environmental Impact Statement (EIS) completely removed following use. use of these objects to support targets. for the Desert Renewable Energy Target shooting means shooting a weapon 14. Persons shooting or discharging any weapon on public lands are required to Conservation Plan (DRECP) with a for recreational purposes when game is not Notice of Availability published in the being legally pursued. remove and properly dispose of all shooting Public lands means any lands or interest in materials, including targets, shell boxes, shell Federal Register on November 13, 2015 lands managed by the BLM. casings, hulls, and brass. (80 FR 70254). The Proposed LUPA Pyrotechnic device means any device 15. No person shall transport in a vehicle would amend the California Desert manufactured or used to produce a visible or or conveyance or its attachments on any Conservation Area (CDCA) Plan and the audible effect by combustion, deflagration, or public land, or roads, a firearm, unless it is Bakersfield and Bishop Resource detonation. This includes, but is not limited unloaded or dismantled. Management Plans (RMPs). The to, such devices as exploding targets that are 16. No person shall have a loaded firearm Proposed DRECP LUPA/Final EIS detonated when struck by a projectile such on display when in any developed recreation area. considers designation of 134 Areas of as a bullet fired from a firearm. Weapon means any firearm, cross bow, 17. No person shall shoot or discharge any Critical Environmental Concern bow and arrow, paint gun, fireworks, or weapon from a powerboat, sailboat, motor (ACECs). In order to comply with explosive device capable of propelling a vehicle, or aircraft. Federal Regulations at 43 CFR 1610.7– projectile either by means of an explosion, 18. No person shall, except with a valid 2(b), the BLM through this notice is compressed gas, or by string or spring. permit, carry a concealed firearm on public announcing a 60-day public comment asabaliauskas on DSK3SPTVN1PROD with NOTICES 1. These supplementary rules apply, except lands. period on those 134 ACECs. The 134 as specifically exempted, to all shooting 19. No person shall possess or use any ACECs listed in this notice are identical activities on public lands administered by pyrotechnic device on public lands. This to those identified in the alternatives the Hollister Field Office, California. prohibition includes, but is not limited to, 2. These supplementary rules are in effect devices such as exploding targets that are found within the Proposed DRECP year-around and will remain in effect until detonated when struck by a projectile such LUPA/Final EIS addressed by the modified by the State Director. as a bullet fired from a firearm. publication of the Federal Notice of 3. The following persons are exempt from 20. No person shall possess or use any Availability on November 13, 2015. The these supplementary rules: Any Federal, destructive, explosive, or incendiary scope of this 60-day comment period is VerDate Sep<11>2014 17:56 Mar 10, 2016 Jkt 238001 PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 E:\FR\FM\11MRN1.SGM 11MRN1


Document Created: 2016-03-11 01:50:33
Document Modified: 2016-03-11 01:50:33
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
ActionProposed supplementary rules.
DatesComments on the proposed supplementary rules must be received or postmarked by May 10, 2016 to be assured of consideration.
ContactRick Cooper, Hollister Field Manager or Brian Martin, Outdoor Recreation Planner, BLM Hollister Field Office, 20 Hamilton Court, Hollister, CA 95023, or telephone 831-630- 5000.
FR Citation81 FR 12935 
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