81_FR_35144 81 FR 35039 - Notice of Proposed Supplementary Rules for Guffey Gorge in Park County, Colorado

81 FR 35039 - Notice of Proposed Supplementary Rules for Guffey Gorge in Park County, Colorado

DEPARTMENT OF THE INTERIOR
Bureau of Land Management

Federal Register Volume 81, Issue 105 (June 1, 2016)

Page Range35039-35041
FR Document2016-12939

The Bureau of Land Management (BLM) is proposing supplementary rules to regulate certain activities on public lands within Guffey Gorge in Park County, Colorado. These proposed supplementary rules would implement decisions found in the Guffey Gorge Management Plan Environmental Assessment (EA), approved on June 29, 2015, to provide for the protection of persons, property, and public lands resources located within an 80-acre site. These proposed supplementary rules will result in changes to some currently authorized activities related to possession or use of alcohol, amplified music, vehicle parking, and visitors with dogs.

Federal Register, Volume 81 Issue 105 (Wednesday, June 1, 2016)
[Federal Register Volume 81, Number 105 (Wednesday, June 1, 2016)]
[Notices]
[Pages 35039-35041]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-12939]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLCOF02000 L12200000.DU0000]


Notice of Proposed Supplementary Rules for Guffey Gorge in Park 
County, Colorado

AGENCY: Bureau of Land Management, Interior.

ACTION: Proposed supplementary rules.

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

SUMMARY: The Bureau of Land Management (BLM) is proposing supplementary 
rules to regulate certain activities on public lands within Guffey 
Gorge in Park County, Colorado. These proposed supplementary rules 
would implement decisions found in the Guffey Gorge Management Plan 
Environmental Assessment (EA), approved on June 29, 2015, to provide 
for the protection of persons, property, and public lands resources 
located within an 80-acre site. These proposed supplementary rules will 
result in changes to some currently authorized activities related to 
possession or use of alcohol, amplified music, vehicle parking, and 
visitors with dogs.

DATES: Please send comments to the following address by August 1, 2016. 
Comments postmarked or received in person or by electronic mail after 
this date may not be considered in the development of the final 
supplementary rules.

ADDRESSES: You may send comments by mail or hand delivery to Linda 
Skinner, Outdoor Recreation Planner, BLM Royal Gorge Field Office, 3028 
E. Main Street, Ca[ntilde]on City, CO 81212. You may also send comments 
via email to [email protected] (include ``Proposed Supplementary 
Rules-Guffey Gorge'' in the subject line).

FOR FURTHER INFORMATION CONTACT: Linda Skinner, Outdoor Recreation 
Planner; see address above; telephone (719) 269-8732. Persons who use a 
telecommunications device for the deaf may call the Federal Information 
Relay Service (FIRS) at 800-877-8339 to contact Linda Skinner during 
normal business hours. The FIRS is available 24 hours a day, seven days 
a week, to leave a message or question with the above individual. You 
will receive a reply during normal business hours.

SUPPLEMENTARY INFORMATION: 

I. Public Comment Procedures

    You may mail, hand-deliver, or email comments to Linda Skinner at 
the addresses above. Written comments on the proposed supplementary 
rules should be specific, 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 rules that the comment is addressing. The BLM will 
consider comments received before the end of the comment period (see 
DATES section), including those that are postmarked or electronically 
dated before the deadline and delivered to the addresses listed above. 
Comments, including names, street addresses, and other contact 
information of respondents, will be available for public review at the 
BLM Royal Gorge Field Office (see address above). Before including your 
address, phone number, email address, or other personal identifying 
information in your comment, you should be aware 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 your personal identifying information from public review, we 
cannot guarantee that we will be able to do so.

II. Background

    Guffey Gorge is an 80-acre tract of public land in Park County, 
Colorado. It is surrounded by private land with Park County Road 102 
providing legal public access. Until ten years ago, recreational use of 
this area was light, and the area was used primarily by local residents 
for picnicking, hiking, and swimming. Recreational use of the area has 
increased significantly over the past five years, resulting in resource 
damage, user conflicts, and safety hazards for visitors and surrounding 
private landowners. In 2013, the BLM began the public input process for 
developing a management plan for the 80-acre parcel to manage the 
increasing visitor use and associated issues. This process included 
presentations and site tours with the Front Range Resource Advisory 
Council (RAC) and collaboration with stakeholders and concerned 
citizens. On August 11, 2014, the BLM initiated a 30-day public scoping 
period. Based on feedback received during this process, the BLM 
developed a proposed action and released a preliminary EA for a 30-day 
public review on November 20, 2014. The BLM incorporated comments

[[Page 35040]]

into the Final EA and corresponding Decision Record signed on June 29, 
2015.

III. Discussion of the Proposed Supplementary Rules

    These proposed supplementary rules would implement certain 
decisions from the Guffey Gorge Management Plan, which was approved on 
June 29, 2015, on lands administered by the Royal Gorge Field Office. 
The planning area consists of approximately 80 acres of public lands 
within Park County, Colorado, described below:

Park County, Colorado, Sixth Principal Meridian

T. 15 S., R. 71 W.
    Sec. 4: SE\1/4\SE\1/4\
    Sec. 9: NE\1/4\NE\1/4\
    Containing 80 acres, more or less.

    These proposed supplementary rules are needed to address 
significant public safety concerns and resource protection issues 
resulting from increased and unsafe public use on public lands known as 
Guffey Gorge. The authority for these proposed supplementary rules is 
set forth at section 303 of the Federal Land Policy and Management Act 
(FLPMA), 43 U.S.C. 1740, and 43 CFR 8365.1-6. This notice, with a 
detailed map, will be posted at the Royal Gorge Field Office.
    Proposed supplementary rule number one would prohibit possession 
and consumption of alcoholic beverages. As visitation at Guffey Gorge 
has increased, alcohol and drug use has also increased, leading to 
public health and safety concerns. The proposed supplementary rule 
would help reduce disruptive behavior associated with alcohol use, 
improve public safety, and reduce litter in the area.
    Proposed supplementary rule number two would prohibit visitors from 
parking a motor vehicle outside of designated parking areas. Visitor 
parking is limited at Guffey Gorge and frequently overflows onto the 
shoulder of Park County Road 102. Park County Road 102 is a narrow, two 
lane road with limited visibility near the Guffey Gorge trailhead. 
Restricting parking to designated parking areas only is essential for 
public health and safety.
    Proposed supplementary rule number three would require animals 
brought into the area to be on a leash and under the control of a 
person, or otherwise physically restricted. This rule would help reduce 
problems associated with unrestrained dogs observed by staff in recent 
years. Currently, BLM regulations only require dogs to be restrained in 
developed recreation sites. Guffey Gorge is not a developed site, so 
existing BLM regulations do not apply. The proposed supplementary rule 
would reduce conflicts between visitors; reduce conflicts between 
domestic animals and wildlife; and would help control domestic animal 
waste. Proposed supplementary rule number four would prohibit the 
operation of any device producing amplified sound, such as stereos, 
speakers, and public address systems. This proposed supplementary rule 
would help restore opportunities for quiet recreational activities 
recognized as one of Guffey Gorge's attributes.

IV. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    These proposed supplementary rules are not significant regulatory 
actions and are not subject to review by the Office of Management and 
Budget under Executive Order 12866. These proposed supplementary rules 
would not have an annual effect of $100 million or more on the economy. 
They would 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. These proposed 
supplementary rules would not create a serious inconsistency or 
otherwise interfere with an action taken or planned by another agency. 
The proposed supplementary rules would not materially alter the 
budgetary effects of entitlements, grants, user fees, or loan programs 
or the rights or obligations of their recipients; nor would they raise 
novel legal or policy issues. These proposed supplementary rules would 
merely establish rules of conduct for public use of a limited area of 
public lands.

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?
    (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

    During the National Environmental Policy Act (NEPA) review for the 
Guffey Gorge Management Plan, the BLM fully analyzed the substance of 
these supplementary rules in EA, DOI-BLM-CO-200-2013-040. The BLM 
signed the Decision Record for the EA on June 29, 2015, and found that 
the proposed supplementary rules implementing the plan decisions would 
not constitute a major Federal action significantly affecting the 
quality of the human environment under section 102(2)(C) of NEPA, 42 
U.S.C. 4332(2)(C). The proposed supplementary rules would merely 
establish rules of conduct for public use of a limited area of public 
lands in order to protect natural resources and public health and 
safety. Although some activities would be prohibited in the area, the 
area would still be open to other recreation uses. A detailed statement 
under NEPA is not required. The BLM has placed the EA and Finding of No 
Significant Impact on file in the BLM Administrative Record at the 
address specified in the ADDRESSES section.

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 would have a 
significant economic impact, either detrimental or beneficial, on a 
substantial number of small entities. These proposed supplementary 
rules would have no effect on business entities of any size. They would 
merely impose reasonable restrictions on certain recreational 
activities on certain public lands to protect natural resources and the 
environment and human health and safety. Therefore, the BLM has 
determined under the RFA that these supplementary rules would not have 
a significant economic impact on a substantial number of small 
entities.

[[Page 35041]]

Small Business Regulatory Enforcement Fairness Act

    These supplementary rules are not a ``major rule'' as defined at 5 
U.S.C. 804(2). These supplementary rules would merely impose reasonable 
restrictions on certain recreational activities on certain public lands 
to protect natural resources and the environment and human health and 
safety. These supplementary rules would not:
    (1) Have an annual effect on the economy of $100 million or more;
    (2) Cause a major increase in costs or prices for consumers; 
individual industries; Federal, State, or local agencies; or geographic 
regions; or
    (3) Have significant adverse effects on competition, employment, 
investment, productivity, or innovation; or on the ability of United 
States-based enterprises to compete with foreign-based enterprises in 
domestic and export markets.

Unfunded Mandates Reform Act

    These proposed supplementary rules would not impose an unfunded 
mandate on the private sector; or State, local, or tribal governments 
of more than $100 million per year; nor would these proposed 
supplementary rules have a significant or unique effect on State, 
local, or tribal governments or the private sector. The proposed 
supplementary rules would merely establish rules of conduct for public 
use of a limited selection of public lands. 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 do not constitute a Government 
action capable of interfering with constitutionally protected property 
rights. The proposed supplementary rules would not address property 
rights in any form, and would not cause the impairment of 
constitutionally protected 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

    The proposed supplementary rules would not have a substantial 
direct effect on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government. Therefore, in 
accordance with Executive Order 13132, the BLM has determined that the 
proposed supplementary rules would not have sufficient Federalism 
implications to warrant preparation of a Federalism Assessment.

Executive Order 12988, Civil Justice Reform

    Under Executive Order 12988, the BLM Colorado State Director has 
determined that these proposed supplementary rules would not unduly 
burden the judicial system and that they meet the requirements of 
Sections 3(a) and 3(b) (2) of the Order.

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, and would have no bearing on trust lands or on 
lands for which title is held in fee status by Indian Tribes or U.S. 
Government-owned lands managed by the Bureau of Indian Affairs.

Information Quality Act

    In developing these proposed supplementary rules, the BLM did not 
conduct or use a study, experiment or survey requiring peer review 
under the Information Quality Act (Section 515 of Pub. L. 106-554).

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 proposed supplementary rules would not have an 
adverse effect on energy supply, production, or consumption and have no 
connection with energy policy.

Executive Order 13352, Facilitation of Cooperative Conservation

    In accordance with Executive Order 13352, the BLM has determined 
that the proposed supplementary rules would not impede facilitating 
cooperative conservation; would take appropriate account of and 
consider the interests of persons with ownership or other legally 
recognized interests in land or other natural resources; would properly 
accommodate local participation in the Federal decision-making process; 
and would provide that the programs, projects and activities are 
consistent with protecting public health and safety.

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 of 1995, 44 U.S.C. 3501-3521.

V. Proposed Supplementary Rules

Author

    The principal author of these final supplementary rules is Linda 
Skinner, Outdoor Recreation Planner, BLM, Royal Gorge Field Office.
    For the reasons stated in the preamble, and under the authorities 
for Supplementary Rules found at 43 U.S.C. 1740 and 43 CFR 8365.1-6, 
the BLM Colorado State Director proposes supplementary rules for 
approximately 80 acres of public lands in Guffey Gorge, to read as 
follows:

PROPOSED SUPPLEMENTARY RULES FOR GUFFEY GORGE

Prohibited Acts

    Unless otherwise authorized, the following acts are prohibited 
on all public lands, roads, trails, and waterways administered by 
the BLM within the Guffey Gorge Management Area:
    (1) Possession or consumption of alcoholic beverages;
    (2) Parking a motor vehicle outside of designated parking areas;
    (3) Bringing an animal into the area unless the animal is on a 
leash not longer than six feet and secured to a fixed object or 
under control of a person, or is otherwise physically restricted at 
all times; and
    (4) Operating any device producing amplified sound such as a 
stereo, speaker, public address system, or other similar device.

Exemptions

    The following persons are exempt from these supplementary rules: 
Any Federal, State, local and/or military persons acting within the 
scope of their duties; or members of any organized rescue or fire-
fighting force in performance of an official duty; or individuals 
expressly authorized by the BLM.

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 8560.0-7, or both. In accordance with 43 CFR 
8365.1-7, State or local officials may also impose penalties for 
violations of Colorado law.


Ruth Welch,
BLM Colorado State Director.
[FR Doc. 2016-12939 Filed 5-31-16; 8:45 am]
 BILLING CODE 4310-JB-P



                                                                             Federal Register / Vol. 81, No. 105 / Wednesday, June 1, 2016 / Notices                                            35039

                                                p.m. and 3:30 p.m., members of the                      public envisioning meetings will not be               SUPPLEMENTARY INFORMATION:
                                                public will have the opportunity to                     ready for review by the meeting date.
                                                                                                                                                              I. Public Comment Procedures
                                                make comments to the MAC during one-
                                                                                                        Chris Rocker-Heppe,                                      You may mail, hand-deliver, or email
                                                hour public comment periods. Persons
                                                                                                        Arcata Assistant Field Office Manager.                comments to Linda Skinner at the
                                                wishing to make comments during the
                                                public comment period should register                   [FR Doc. 2016–12854 Filed 5–31–16; 8:45 am]           addresses above. Written comments on
                                                in person with the BLM by 12:00 noon                    BILLING CODE 4310–40–P                                the proposed supplementary rules
                                                or 3:00 p.m. (depending on the desired                                                                        should be specific, confined to issues
                                                comment period) on that meeting day, at                                                                       pertinent to the proposed
                                                the meeting location. Depending on the                  DEPARTMENT OF THE INTERIOR                            supplementary rules, and should
                                                number of persons wishing to comment,                                                                         explain the reason for any
                                                                                                        Bureau of Land Management                             recommended change. Where possible,
                                                the length of comments may be limited.
                                                The public may send written comments                    [LLCOF02000 L12200000.DU0000]                         comments should reference the specific
                                                to the MAC at San Juan Islands National                                                                       section or paragraph of the rules that the
                                                Monument, Attn. MAC, P.O. Box 3, 37                     Notice of Proposed Supplementary                      comment is addressing. The BLM will
                                                Washburn Ave., Lopez Island,                            Rules for Guffey Gorge in Park County,                consider comments received before the
                                                Washington 98261. The BLM                               Colorado                                              end of the comment period (see DATES
                                                appreciates all comments.                               AGENCY:   Bureau of Land Management,                  section), including those that are
                                                                                                        Interior.                                             postmarked or electronically dated
                                                Linda Clark,                                                                                                  before the deadline and delivered to the
                                                                                                        ACTION: Proposed supplementary rules.
                                                Spokane District Manager.                                                                                     addresses listed above. Comments,
                                                [FR Doc. 2016–12864 Filed 5–31–16; 8:45 am]             SUMMARY:    The Bureau of Land                        including names, street addresses, and
                                                BILLING CODE 4310–33–P                                  Management (BLM) is proposing                         other contact information of
                                                                                                        supplementary rules to regulate certain               respondents, will be available for public
                                                                                                        activities on public lands within Guffey              review at the BLM Royal Gorge Field
                                                DEPARTMENT OF THE INTERIOR                              Gorge in Park County, Colorado. These                 Office (see address above). Before
                                                                                                        proposed supplementary rules would                    including your address, phone number,
                                                Bureau of Land Management                               implement decisions found in the                      email address, or other personal
                                                                                                        Guffey Gorge Management Plan                          identifying information in your
                                                [LLCAN01000 L10200000.XZ0000 16X                        Environmental Assessment (EA),                        comment, you should be aware that
                                                LXSIOVHD0000]                                           approved on June 29, 2015, to provide                 your entire comment—including your
                                                                                                        for the protection of persons, property,              personal identifying information—may
                                                Notice of Public Meeting: Northern                                                                            be made publicly available at any time.
                                                                                                        and public lands resources located
                                                California Resource Advisory Council                                                                          While you can ask us in your comment
                                                                                                        within an 80-acre site. These proposed
                                                Resource Management Plan                                                                                      to withhold your personal identifying
                                                                                                        supplementary rules will result in
                                                Subcommittee; Postponed                                                                                       information from public review, we
                                                                                                        changes to some currently authorized
                                                                                                        activities related to possession or use of            cannot guarantee that we will be able to
                                                AGENCY:   Bureau of Land Management,                                                                          do so.
                                                Interior.                                               alcohol, amplified music, vehicle
                                                                                                        parking, and visitors with dogs.                      II. Background
                                                ACTION: Notice of postponed public
                                                                                                        DATES: Please send comments to the                       Guffey Gorge is an 80-acre tract of
                                                meeting.
                                                                                                        following address by August 1, 2016.                  public land in Park County, Colorado. It
                                                SUMMARY:   In accordance with the                       Comments postmarked or received in                    is surrounded by private land with Park
                                                Federal Land Policy and Management                      person or by electronic mail after this               County Road 102 providing legal public
                                                Act of 1976 (FLPMA), and the Federal                    date may not be considered in the                     access. Until ten years ago, recreational
                                                Advisory Committee Act of 1972                          development of the final supplementary                use of this area was light, and the area
                                                (FACA), the U.S. Department of the                      rules.                                                was used primarily by local residents
                                                Interior, Bureau of Land Management                     ADDRESSES: You may send comments by                   for picnicking, hiking, and swimming.
                                                (BLM) Northern California Resource                      mail or hand delivery to Linda Skinner,               Recreational use of the area has
                                                Advisory Council meeting is postponed.                  Outdoor Recreation Planner, BLM Royal                 increased significantly over the past five
                                                                                                        Gorge Field Office, 3028 E. Main Street,              years, resulting in resource damage, user
                                                DATES: The postponed meeting was to
                                                                                                        Cañon City, CO 81212. You may also                   conflicts, and safety hazards for visitors
                                                be held Thursday, June 23rd, 2016, at
                                                                                                        send comments via email to                            and surrounding private landowners. In
                                                the Bureau of Land Management Arcata
                                                                                                        rgfo_comments@blm.gov (include                        2013, the BLM began the public input
                                                and Redding Field Offices.
                                                                                                        ‘‘Proposed Supplementary Rules-Guffey                 process for developing a management
                                                FOR FURTHER INFORMATION CONTACT:                        Gorge’’ in the subject line).                         plan for the 80-acre parcel to manage
                                                Todd Forbes, Northern California                        FOR FURTHER INFORMATION CONTACT:                      the increasing visitor use and associated
                                                District Manager, (530) 224–2160; or                    Linda Skinner, Outdoor Recreation                     issues. This process included
                                                Leisyka Parrott, Acting Public Affairs                  Planner; see address above; telephone                 presentations and site tours with the
                                                Officer, (707) 825–2313                                 (719) 269–8732. Persons who use a                     Front Range Resource Advisory Council
                                                SUPPLEMENTARY INFORMATION: The 15-                      telecommunications device for the deaf                (RAC) and collaboration with
                                                member council advises the Secretary of                 may call the Federal Information Relay                stakeholders and concerned citizens. On
sradovich on DSK3TPTVN1PROD with NOTICES




                                                the Interior, through the BLM, on a                     Service (FIRS) at 800–877–8339 to                     August 11, 2014, the BLM initiated a 30-
                                                variety of planning and management                      contact Linda Skinner during normal                   day public scoping period. Based on
                                                issues associated with public land                      business hours. The FIRS is available 24              feedback received during this process,
                                                management on BLM-administered                          hours a day, seven days a week, to leave              the BLM developed a proposed action
                                                lands in northern California and far                    a message or question with the above                  and released a preliminary EA for a 30-
                                                northwest Nevada. This meeting was                      individual. You will receive a reply                  day public review on November 20,
                                                postponed because the results from                      during normal business hours.                         2014. The BLM incorporated comments


                                           VerDate Sep<11>2014   21:59 May 31, 2016   Jkt 238001   PO 00000   Frm 00071   Fmt 4703   Sfmt 4703   E:\FR\FM\01JNN1.SGM   01JNN1


                                                35040                        Federal Register / Vol. 81, No. 105 / Wednesday, June 1, 2016 / Notices

                                                into the Final EA and corresponding                     regulations do not apply. The proposed                understand if they were divided into
                                                Decision Record signed on June 29,                      supplementary rule would reduce                       more (but shorter) sections?
                                                2015.                                                   conflicts between visitors; reduce                      (5) Is the description of the proposed
                                                                                                        conflicts between domestic animals and                supplementary rules in the
                                                III. Discussion of the Proposed                                                                               SUPPLMENTARY INFORMATION section of
                                                                                                        wildlife; and would help control
                                                Supplementary Rules                                                                                           this preamble helpful in understanding
                                                                                                        domestic animal waste. Proposed
                                                   These proposed supplementary rules                   supplementary rule number four would                  the proposed supplementary rules? How
                                                would implement certain decisions                       prohibit the operation of any device                  could this description be more helpful
                                                from the Guffey Gorge Management                        producing amplified sound, such as                    in making the proposed supplementary
                                                Plan, which was approved on June 29,                    stereos, speakers, and public address                 rules easier to understand?
                                                2015, on lands administered by the                      systems. This proposed supplementary                    Please send any comments you may
                                                Royal Gorge Field Office. The planning                  rule would help restore opportunities                 have on the clarity of the proposed
                                                area consists of approximately 80 acres                 for quiet recreational activities                     supplementary rules to one of the
                                                of public lands within Park County,                     recognized as one of Guffey Gorge’s                   addresses specified in the ADDRESSES
                                                Colorado, described below:                              attributes.                                           section.
                                                Park County, Colorado, Sixth Principal                  IV. Procedural Matters                                National Environmental Policy Act
                                                Meridian                                                                                                         During the National Environmental
                                                                                                        Executive Order 12866, Regulatory
                                                T. 15 S., R. 71 W.                                      Planning and Review                                   Policy Act (NEPA) review for the Guffey
                                                  Sec. 4: SE1⁄4SE1⁄4                                                                                          Gorge Management Plan, the BLM fully
                                                  Sec. 9: NE1⁄4NE1⁄4                                       These proposed supplementary rules                 analyzed the substance of these
                                                  Containing 80 acres, more or less.                    are not significant regulatory actions                supplementary rules in EA, DOI–BLM–
                                                   These proposed supplementary rules                   and are not subject to review by the                  CO–200–2013–040. The BLM signed the
                                                are needed to address significant public                Office of Management and Budget under                 Decision Record for the EA on June 29,
                                                safety concerns and resource protection                 Executive Order 12866. These proposed                 2015, and found that the proposed
                                                issues resulting from increased and                     supplementary rules would not have an                 supplementary rules implementing the
                                                unsafe public use on public lands                       annual effect of $100 million or more on              plan decisions would not constitute a
                                                known as Guffey Gorge. The authority                    the economy. They would not adversely                 major Federal action significantly
                                                for these proposed supplementary rules                  affect in a material way the economy;                 affecting the quality of the human
                                                is set forth at section 303 of the Federal              productivity; competition; jobs;                      environment under section 102(2)(C) of
                                                Land Policy and Management Act                          environment; public health or safety; or              NEPA, 42 U.S.C. 4332(2)(C). The
                                                (FLPMA), 43 U.S.C. 1740, and 43 CFR                     State, local, or tribal governments, or               proposed supplementary rules would
                                                8365.1–6. This notice, with a detailed                  communities. These proposed                           merely establish rules of conduct for
                                                map, will be posted at the Royal Gorge                  supplementary rules would not create a                public use of a limited area of public
                                                                                                        serious inconsistency or otherwise                    lands in order to protect natural
                                                Field Office.
                                                   Proposed supplementary rule number                   interfere with an action taken or                     resources and public health and safety.
                                                one would prohibit possession and                       planned by another agency. The                        Although some activities would be
                                                consumption of alcoholic beverages. As                  proposed supplementary rules would                    prohibited in the area, the area would
                                                visitation at Guffey Gorge has increased,               not materially alter the budgetary effects
                                                                                                                                                              still be open to other recreation uses. A
                                                alcohol and drug use has also increased,                of entitlements, grants, user fees, or loan
                                                                                                                                                              detailed statement under NEPA is not
                                                leading to public health and safety                     programs or the rights or obligations of
                                                                                                                                                              required. The BLM has placed the EA
                                                concerns. The proposed supplementary                    their recipients; nor would they raise
                                                                                                                                                              and Finding of No Significant Impact on
                                                                                                        novel legal or policy issues. These
                                                rule would help reduce disruptive                                                                             file in the BLM Administrative Record
                                                                                                        proposed supplementary rules would
                                                behavior associated with alcohol use,                                                                         at the address specified in the
                                                                                                        merely establish rules of conduct for
                                                improve public safety, and reduce litter                                                                      ADDRESSES section.
                                                                                                        public use of a limited area of public
                                                in the area.
                                                   Proposed supplementary rule number                   lands.                                                Regulatory Flexibility Act
                                                two would prohibit visitors from                        Clarity of the Rules                                     Congress enacted the Regulatory
                                                parking a motor vehicle outside of                                                                            Flexibility Act of 1980 (RFA), as
                                                                                                           Executive Order 12866 requires each
                                                designated parking areas. Visitor                                                                             amended, 5 U.S.C. 601–612, to ensure
                                                                                                        agency to write regulations that are
                                                parking is limited at Guffey Gorge and                  simple and easy to understand. The                    that government regulations do not
                                                frequently overflows onto the shoulder                  BLM invites your comments on how to                   unnecessarily or disproportionately
                                                of Park County Road 102. Park County                    make these proposed supplementary                     burden small entities. The RFA requires
                                                Road 102 is a narrow, two lane road                     rules easier to understand, including                 a regulatory flexibility analysis if a rule
                                                with limited visibility near the Guffey                 answers to questions such as the                      would have a significant economic
                                                Gorge trailhead. Restricting parking to                 following:                                            impact, either detrimental or beneficial,
                                                designated parking areas only is                           (1) Are the requirements in the                    on a substantial number of small
                                                essential for public health and safety.                 proposed supplementary rules clearly                  entities. These proposed supplementary
                                                   Proposed supplementary rule number                   stated?                                               rules would have no effect on business
                                                three would require animals brought                        (2) Do the proposed supplementary                  entities of any size. They would merely
                                                into the area to be on a leash and under                rules contain technical language or                   impose reasonable restrictions on
                                                the control of a person, or otherwise                                                                         certain recreational activities on certain
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                                                                                                        jargon that interferes with their clarity?
                                                physically restricted. This rule would                     (3) Does the format of the proposed                public lands to protect natural resources
                                                help reduce problems associated with                    supplementary rules (grouping and                     and the environment and human health
                                                unrestrained dogs observed by staff in                  order of sections, use of headings,                   and safety. Therefore, the BLM has
                                                recent years. Currently, BLM regulations                paragraphing, etc.) aid or reduce their               determined under the RFA that these
                                                only require dogs to be restrained in                   clarity?                                              supplementary rules would not have a
                                                developed recreation sites. Guffey Gorge                   (4) Would the proposed                             significant economic impact on a
                                                is not a developed site, so existing BLM                supplementary rules be easier to                      substantial number of small entities.


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                                                                             Federal Register / Vol. 81, No. 105 / Wednesday, June 1, 2016 / Notices                                                  35041

                                                Small Business Regulatory Enforcement                   between the national government and                   projects and activities are consistent
                                                Fairness Act                                            the States, or on the distribution of                 with protecting public health and safety.
                                                  These supplementary rules are not a                   power and responsibilities among the
                                                                                                                                                              Paperwork Reduction Act
                                                ‘‘major rule’’ as defined at 5 U.S.C.                   various levels of government. Therefore,
                                                                                                        in accordance with Executive Order                      These proposed supplementary rules
                                                804(2). These supplementary rules
                                                                                                        13132, the BLM has determined that the                do not contain information collection
                                                would merely impose reasonable
                                                                                                        proposed supplementary rules would                    requirements that the Office of
                                                restrictions on certain recreational
                                                                                                        not have sufficient Federalism                        Management and Budget must approve
                                                activities on certain public lands to
                                                protect natural resources and the                       implications to warrant preparation of a              under the Paperwork Reduction Act of
                                                environment and human health and                        Federalism Assessment.                                1995, 44 U.S.C. 3501–3521.
                                                safety. These supplementary rules                       Executive Order 12988, Civil Justice                  V. Proposed Supplementary Rules
                                                would not:                                              Reform
                                                  (1) Have an annual effect on the                                                                            Author
                                                economy of $100 million or more;                          Under Executive Order 12988, the                      The principal author of these final
                                                  (2) Cause a major increase in costs or                BLM Colorado State Director has                       supplementary rules is Linda Skinner,
                                                prices for consumers; individual                        determined that these proposed                        Outdoor Recreation Planner, BLM,
                                                industries; Federal, State, or local                    supplementary rules would not unduly                  Royal Gorge Field Office.
                                                agencies; or geographic regions; or                     burden the judicial system and that they                For the reasons stated in the
                                                  (3) Have significant adverse effects on               meet the requirements of Sections 3(a)                preamble, and under the authorities for
                                                competition, employment, investment,                    and 3(b) (2) of the Order.                            Supplementary Rules found at 43 U.S.C.
                                                productivity, or innovation; or on the                  Executive Order 13175, Consultation                   1740 and 43 CFR 8365.1–6, the BLM
                                                ability of United States-based                          and Coordination With Indian Tribal                   Colorado State Director proposes
                                                enterprises to compete with foreign-                    Governments                                           supplementary rules for approximately
                                                based enterprises in domestic and                                                                             80 acres of public lands in Guffey Gorge,
                                                export markets.                                           In accordance with Executive Order                  to read as follows:
                                                                                                        13175, the BLM has found that these
                                                Unfunded Mandates Reform Act                            proposed supplementary rules do not                   PROPOSED SUPPLEMENTARY RULES FOR
                                                  These proposed supplementary rules                    include policies that have tribal                     GUFFEY GORGE
                                                would not impose an unfunded                            implications, and would have no                       Prohibited Acts
                                                mandate on the private sector; or State,                bearing on trust lands or on lands for                   Unless otherwise authorized, the following
                                                local, or tribal governments of more                    which title is held in fee status by                  acts are prohibited on all public lands, roads,
                                                than $100 million per year; nor would                   Indian Tribes or U.S. Government-                     trails, and waterways administered by the
                                                these proposed supplementary rules                      owned lands managed by the Bureau of                  BLM within the Guffey Gorge Management
                                                have a significant or unique effect on                  Indian Affairs.                                       Area:
                                                State, local, or tribal governments or the                                                                       (1) Possession or consumption of alcoholic
                                                private sector. The proposed                            Information Quality Act                               beverages;
                                                                                                          In developing these proposed                           (2) Parking a motor vehicle outside of
                                                supplementary rules would merely
                                                                                                                                                              designated parking areas;
                                                establish rules of conduct for public use               supplementary rules, the BLM did not
                                                                                                                                                                 (3) Bringing an animal into the area unless
                                                of a limited selection of public lands.                 conduct or use a study, experiment or                 the animal is on a leash not longer than six
                                                Therefore, the BLM is not required to                   survey requiring peer review under the                feet and secured to a fixed object or under
                                                prepare a statement containing the                      Information Quality Act (Section 515 of               control of a person, or is otherwise physically
                                                information required by the Unfunded                    Pub. L. 106–554).                                     restricted at all times; and
                                                Mandates Reform Act (2 U.S.C. 1531 et                                                                            (4) Operating any device producing
                                                                                                        Executive Order 13211, Actions                        amplified sound such as a stereo, speaker,
                                                seq.).                                                  Concerning Regulations That                           public address system, or other similar
                                                Executive Order 12630, Governmental                     Significantly Affect Energy Supply,                   device.
                                                Actions and Interference With                           Distribution, or Use
                                                                                                                                                              Exemptions
                                                Constitutionally Protected Property                       These proposed supplementary rules
                                                Rights (Takings)                                                                                                The following persons are exempt from
                                                                                                        do not comprise a significant energy                  these supplementary rules: Any Federal,
                                                   These proposed supplementary rules                   action. These proposed supplementary                  State, local and/or military persons acting
                                                do not constitute a Government action                   rules would not have an adverse effect                within the scope of their duties; or members
                                                capable of interfering with                             on energy supply, production, or                      of any organized rescue or fire-fighting force
                                                constitutionally protected property                     consumption and have no connection                    in performance of an official duty; or
                                                rights. The proposed supplementary                      with energy policy.                                   individuals expressly authorized by the BLM.
                                                rules would not address property rights                                                                       Enforcement
                                                                                                        Executive Order 13352, Facilitation of
                                                in any form, and would not cause the
                                                                                                        Cooperative Conservation                                Any person who violates any of these
                                                impairment of constitutionally                                                                                supplementary rules may be tried before a
                                                protected property rights. Therefore, the                 In accordance with Executive Order                  United States Magistrate and fined in
                                                BLM has determined that these                           13352, the BLM has determined that the                accordance with 18 U.S.C. 3571, imprisoned
                                                proposed supplementary rules would                      proposed supplementary rules would                    no more than 12 months under 43 U.S.C.
                                                not cause a ‘‘taking’’ of private property              not impede facilitating cooperative                   1733(a) and 43 CFR 8560.0–7, or both. In
                                                                                                        conservation; would take appropriate                  accordance with 43 CFR 8365.1–7, State or
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                                                or require further discussion of takings
                                                implications under this Executive                       account of and consider the interests of              local officials may also impose penalties for
                                                Order.                                                  persons with ownership or other legally               violations of Colorado law.
                                                                                                        recognized interests in land or other
                                                Executive Order 13132, Federalism                       natural resources; would properly                     Ruth Welch,
                                                   The proposed supplementary rules                     accommodate local participation in the                BLM Colorado State Director.
                                                would not have a substantial direct                     Federal decision-making process; and                  [FR Doc. 2016–12939 Filed 5–31–16; 8:45 am]
                                                effect on the States, on the relationship               would provide that the programs,                      BILLING CODE 4310–JB–P




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Document Created: 2018-02-08 07:27:19
Document Modified: 2018-02-08 07:27:19
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.
ContactLinda Skinner, Outdoor Recreation
FR Citation81 FR 35039 

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