81_FR_60904 81 FR 60733 - Proposed Supplementary Rules for the Zortman Ranger Station and Buffington Day Use Area on Public Land in Phillips County Near Zortman, MT

81 FR 60733 - Proposed Supplementary Rules for the Zortman Ranger Station and Buffington Day Use Area on Public Land in Phillips County Near Zortman, MT

DEPARTMENT OF THE INTERIOR
Bureau of Land Management

Federal Register Volume 81, Issue 171 (September 2, 2016)

Page Range60733-60736
FR Document2016-21178

The Bureau of Land Management (BLM), Malta Field Office is proposing additional supplementary rules for the Zortman Ranger Station, a historic U.S. Forest Service Ranger Station now administered by the BLM in Zortman, Montana, and Buffington Day Use Area at the Camp Creek Recreation Area. The supplementary rules are necessary to maintain the public health and safety and to protect the environment of the recreation areas. They will help reduce erosion, reduce fire hazards, provide for public safety, prevent damage to natural resources, reduce user conflicts, and increase visitor satisfaction.

Federal Register, Volume 81 Issue 171 (Friday, September 2, 2016)
[Federal Register Volume 81, Number 171 (Friday, September 2, 2016)]
[Notices]
[Pages 60733-60736]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-21178]


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

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLMTM01000.L12320000.FV0000.LVRDMT110000XXX MO#4500080126]


Proposed Supplementary Rules for the Zortman Ranger Station and 
Buffington Day Use Area on Public Land in Phillips County Near Zortman, 
MT

AGENCY: Bureau of Land Management, Interior.

ACTION: Proposed Supplementary Rules.

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

SUMMARY: The Bureau of Land Management (BLM), Malta Field Office is 
proposing additional supplementary rules for the Zortman Ranger 
Station, a historic U.S. Forest Service Ranger Station now administered 
by the BLM in Zortman, Montana, and Buffington Day Use Area at the Camp 
Creek Recreation Area. The supplementary rules are necessary to 
maintain the public health and safety and to protect the environment of 
the recreation areas. They will help reduce erosion, reduce fire 
hazards, provide for public safety, prevent damage to natural 
resources, reduce user conflicts, and increase visitor satisfaction.

DATES: To ensure that comments will be considered, the BLM must receive 
written comments on the proposed supplementary rules by November 1, 
2016. In developing final supplementary rules, the BLM may not consider 
comments postmarked or received in person or by electronic mail after 
this date.

ADDRESSES: Comments may be mailed or hand delivered to the BLM Malta 
Field Office, Attn: Field Manager, 501 South 2nd Street East, Malta, MT 
59538. You may also submit comments via email to 
[email protected] or fax to 406-654-5150. Copies of the fee 
proposal are available at the BLM Malta Field Office, 501 South 2nd 
Street East, Malta, MT 59538 or on line at: http://www.blm.gov/mt/st/en/fo/malta_field_office.html.

FOR FURTHER INFORMATION CONTACT: Vinita Shea, Malta Field Manager, at 
the above address, or by calling 406-654-5131. Persons who use a 
telecommunications device for the deaf may call the Federal Information 
Relay Service (FIRS) at 1-800-877-8339 to contact the above individual 
during normal business hours. The FIRS is available 24 hours a day, 7 
days a week, to leave a message or question with the above individual. 
You will receive a reply during normal business hours.

SUPPLEMENTARY INFORMATION:

Public Comment Procedures

    You may mail, email, or hand-deliver comments to the Malta Field 
Office, at the addresses listed above (See ADDRESSES). Written comments 
on the proposed supplementary rules should be specific and confined to 
issues pertinent to the proposed rules, and should explain the reason 
for any recommended change. Where possible, comments should reference 
the specific section or paragraph of the proposal that the commenter is 
addressing. The BLM is not obligated to consider, or include in the 
Administrative Record for the final supplementary rules, comments 
delivered to an address other than those listed above (See ADDRESSES), 
or comments that the BLM receives after the close of the comment period 
(See DATES), unless they are postmarked or electronically dated before 
the deadline.
    Comments, including names, street addresses, and other contact 
information for respondents, will be available for public review at the 
Malta Field Office address listed in the section ADDRESSES during 
regular business hours (8 a.m. to 4:30 p.m., Monday through Friday, 
except Federal holidays). Before including your address, phone number, 
email address, or other personal identifying information in your 
comment, you should be aware that your 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.

Background

    The Zortman Ranger Station, built in 1905, was part of the Lewis 
and Clark National Forest until 1965, when management of public lands 
in the area was transferred to the BLM. The site includes the four-room 
main building, a storage shed, and amphitheater which was built for the 
Lewis and Clark Bicentennial celebration. The main building is eligible 
for listing on the National Register of Historic Places. In 2013, the 
BLM partnered with the Forest Service's historic preservation team to 
repair the outside of the main building and landscape the yard to 
divert runoff which was undermining the foundation. The interior of the 
building has been inventoried and abated for asbestos and lead paint. 
The site also features an amphitheater which is used for interpretive 
presentations.
    Buffington Day Use Area is located within the Camp Creek Recreation 
Area just northeast of Zortman, Montana.

[[Page 60734]]

Buffington Day Use Area is utilized by individuals and groups as a 
parking site for day hikes, family and group gatherings such as 
picnics, reunions, church group outings, and birthday parties. In 
September 1994, the BLM completed the Record of Decision and Approved 
Phillips Resource Area Resource Management Plan, which provide for the 
maintenance and enhancement of the recreational quality of BLM land and 
resources to ensure enjoyable recreation experiences.
    The proposed supplementary rules are authorized by 43 CFR 8365.1-6, 
which states, ``The State Director may establish such supplementary 
rules as he/she deems necessary. These rules may provide for the 
protection of persons, property, and public lands and resources. No 
person shall violate such supplementary rules.''

Discussion of Proposed Supplementary Rules

    The supplementary rules are necessary to maintain the public health 
and safety, and to protect the environment and facilities of the 
recreation areas. The rules will also help reduce erosion and fire 
hazards, prevent damage to natural resources, reduce user conflicts, 
and increase visitor satisfaction.
    The proposed rules would limit the number of days that a person or 
group could rent the Zortman Ranger Station allowing more people to 
access the facility and thereby increase visitor satisfaction and 
reduce user conflicts. Game carcasses would not be allowed to be stored 
and no fish or game would be allowed to be cleaned inside the Zortman 
Ranger Station. These rules would protect facilities, assist in 
ensuring visitor satisfaction, and protect public health.
    Pets would be required to be leashed if left unattended outside or 
kenneled if left unattended inside the Zortman Ranger Station. These 
rules would protect the Ranger Station. Pets would be required to be 
leashed and would not be allowed to be left unattended at the 
Buffington Day Use Area. This rule would protect public safety. No 
cutting of standing trees or any vegetation at the Zortman Ranger 
Station or the Buffington Day Use Area would be allowed. These rules 
would prevent damage to natural resources and reduce erosion. Campfires 
would only be allowed in BLM-provided fire rings to prevent fire 
hazards.
    Visitors would be prohibited from leaving any personal property or 
refuse after vacating the Zortman Ranger Station or the Buffington Day 
Use Area, even if that property is intended for other campers or 
occupants, in order to increase visitor satisfaction and safety. Quiet 
hours at the Zortman Ranger Station would be 10:00 p.m.-7:00 a.m. and 
site usage at the Buffington Day Use Area would be 6:00 a.m.-11:00 p.m. 
These rules would enhance visitor satisfaction.
    The proposed supplementary rules would apply to the Zortman Ranger 
Station, a historic U.S. Forest Service Ranger Station now administered 
by the BLM in Zortman, Montana, and Buffington Day Use Area at the Camp 
Creek Recreation Area. Both areas comprise approximately 3 acres of 
public lands within Phillips County, Montana.

Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    These supplementary rules are not significant regulatory actions 
and are not subject to review by the Office of Management and Budget 
under Executive Order 12866. The supplementary rules will result in an 
annual cost of less than $100 million or more on the economy. They will 
not adversely affect in a material way the economy, productivity, 
competition, jobs, environment, public health or safety, or State, 
local, or tribal governments or communities. These supplementary rules 
will not create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency. The rules do not alter the 
budgetary effects of entitlements, grants, user fees, or loan programs 
or the rights or obligations of their recipients, nor do they raise 
novel legal or policy issues. These rules would merely impose rules of 
conduct within the recreation sites.

Clarity of the Supplementary 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 interfering 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 
SUPPLEMENTARY INFORMATION section of this preamble helpful to your 
understanding of 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 have on the clarity of the proposed 
supplementary rules to the address specified in the ADDRESSES section.

National Environmental Policy Act (NEPA)

    Supplementary rules are made under the Visitor Services regulations 
of the Bureau of Land Management found at 43 CFR 8365.1-6. The BLM has 
determined that these proposed supplementary rules are administrative 
in nature, and are therefore categorically excluded from environmental 
review under Section 102(2)(C) of NEPA, 43 CFR 46.205, and 43 CFR 
46.210(c) and (i). The BLM's Malta Field Office has prepared a 
Categorical Exclusion (CX) document to determine that these proposed 
supplementary rules do not meet any of the 12 criteria for exceptions 
to categorical exclusions listed at 43 CFR 46.215. Pursuant to the 
Council on Environmental Quality regulations (40 CFR 1508.4) and the 
environmental regulations, policies, and procedures of the Department 
of the Interior, the term ``categorical exclusions'' means a category 
of actions which do not individually or cumulatively have a significant 
effect on the human environment and that have been found to have no 
such effect in procedures adopted by a Federal agency and for which 
neither an environmental assessment nor an environmental impact 
statement is required. The supplementary rules merely contain rules of 
conduct for certain recreational lands in Montana. These rules are 
designed to protect the environment and the public health and safety. 
The BLM has placed the CX and the Decision Record (DR) 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,

[[Page 60735]]

on a substantial number of small entities. These supplementary rules 
pertain to recreational use of specific public lands, and do not affect 
commercial or governmental entities of any size. Therefore, the BLM has 
determined under the RFA that these supplementary rules will not have a 
significant economic impact on a substantial number of small entities, 
and do not necessitate preparation of a regulatory flexibility 
analysis.

Small Business Regulatory Enforcement Fairness Act

    These fees and supplementary rules do not constitute a ``major 
rule'' as defined at 5 U.S.C. 804(2). They would not result in an 
annual effect on the economy of $100 million or more, in a major 
increase in costs or prices, or in significant adverse effects on 
competition, employment, investment, productivity, innovation, or on 
the ability of United States-based enterprises to compete with foreign-
based enterprises in domestic and export markets. They will merely 
impose reasonable restrictions on certain actions within the Malta 
Field Office fee campgrounds.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act (UMRA), 2 U.S.C. 1501 et seq., 
requires an assessment of unfunded mandates on State, local or tribal 
governments. These supplementary rules do not impose any unfunded 
mandate on State, local, or tribal governments, in the aggregate, or 
the private sector, of more than $100 million per year. The rules also 
will not have a significant or unique effect on small governments. They 
restrict certain actions within the subject fee sites. Therefore, the 
BLM is not required to prepare a statement containing the information 
required by the UMRA.

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

    These supplementary rules are not a government action capable of 
interfering with constitutionally protected property rights. The rules 
will have no effect on private lands or property. Therefore, the BLM 
has determined that these supplementary rules will not cause a taking 
of private property or require preparation of a takings assessment 
under this Executive Order.

Executive Order 13132, Federalism

    These supplementary rules will 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. These supplementary rules will have 
little or no effect on State or local government. Therefore, in 
accordance with Executive Order 13132, the BLM has determined that 
these supplementary rules do not have sufficient Federalism 
implications to warrant preparation of a Federalism Assessment.

Executive Order 12988, Civil Justice Reform

    The BLM has determined that the supplementary rules will 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

    The proposed supplementary rules would merely establish rules of 
conduct for public use of a limited area of public land and would not 
affect land held for the benefit of Indians or Alaska Natives or impede 
their rights. The BLM has found that the supplementary rules do not 
include policies that have tribal implications.

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.

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).

Paperwork Reduction Act

    These supplementary rules do not contain information collection 
requirements that the Office of Management and Budget must approve 
under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et seq.

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

    The supplementary rules do not comprise a significant energy 
action. They will not have an adverse effect on energy supplies, 
production, or consumption. They address recreational use of specific 
public lands, and have no connection with energy policy.
    Proposed Supplementary Rules: For the reasons stated in this 
preamble, and under the authority of 43 CFR 8365.1-6, the State 
Director proposes to establish supplementary rules for public lands 
managed by the BLM, Malta Field Office. The proposed supplementary 
rules for the Zortman Ranger Station are:
    1. Rental of the Zortman Ranger Station is limited to no more than 
7 consecutive days and no more than 14 days per year per person or 
group.
    2. Campfires are allowed only in BLM-provided fire rings.
    3. Fish and game are not to be cleaned inside the building.
    4. No game carcasses are allowed in the building.
    5. Pets must be leashed and cannot be left unattended outside the 
building.
    6. Pets must be kenneled if left unattended inside the building.
    7. Quiet hours are 10:00 p.m. to 7:00 a.m.
    8. No cutting of standing trees or any vegetation is allowed at the 
site.
    9. You must not leave any personal property or refuse after 
vacating the premises. This includes any property left for the purposes 
of use by another camper or occupant.
    The proposed supplementary rules for Buffington Day Use Area are:
    1. Site occupancy is limited to day use from 6:00 a.m. to 11:00 
p.m.
    2. Campfires are allowed only in BLM-provided fire rings.
    3. Pets must be leashed and must not be left unattended.
    4. No cutting of standing trees or any vegetation is allowed at the 
site.
    5. You must not leave any personal property or refuse after 
vacating the premises. This includes any property left for the purposes 
of use by another camper or occupant.
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

[[Page 60736]]

may also impose penalties for violations of Montana law.
Exemptions
    The following persons are exempt from these supplementary rules: 
Any Federal, State, local, and/or military employees acting within the 
scope of their duties; members of any organized rescue or fire-fighting 
force performing an official duty; and persons, agencies, 
municipalities or companies holding an existing special-use permit and 
operating within the scope of their permit.

Jamie Connell,
State Director, Bureau of Land Management, Montana/Dakotas.
[FR Doc. 2016-21178 Filed 9-1-16; 8:45 am]
 BILLING CODE 4310-DN-P



                                                                              Federal Register / Vol. 81, No. 171 / Friday, September 2, 2016 / Notices                                           60733

                                                  comment period will be offered from                     DEPARTMENT OF THE INTERIOR                            Public Comment Procedures
                                                  10:30 a.m. to 11 a.m.                                                                                            You may mail, email, or hand-deliver
                                                                                                          Bureau of Land Management
                                                  FOR FURTHER INFORMATION CONTACT:                                                                              comments to the Malta Field Office, at
                                                  Larry Moore, Public Affairs Specialist,                 [LLMTM01000.L12320000.FV0000.                         the addresses listed above (See
                                                                                                          LVRDMT110000XXX MO#4500080126]                        ADDRESSES). Written comments on the
                                                  BLM Vale District Office, 100 Oregon
                                                  St., Vale, Oregon 97918, phone (541)                                                                          proposed supplementary rules should
                                                                                                          Proposed Supplementary Rules for the                  be specific and confined to issues
                                                  473–6218, or email l2moore@blm.gov.                     Zortman Ranger Station and
                                                  Persons who use a telecommunications                                                                          pertinent to the proposed rules, and
                                                                                                          Buffington Day Use Area on Public                     should explain the reason for any
                                                  device for the deaf (TDD) may call the                  Land in Phillips County Near Zortman,                 recommended change. Where possible,
                                                  Federal Information Relay Service                       MT                                                    comments should reference the specific
                                                  (FIRS) at 1(800) 877–8339 to contact the
                                                                                                          AGENCY:   Bureau of Land Management,                  section or paragraph of the proposal that
                                                  above individual during normal
                                                                                                          Interior.                                             the commenter is addressing. The BLM
                                                  business hours. The FIRS is available 24                                                                      is not obligated to consider, or include
                                                  hours a day, 7 days a week, to leave a                  ACTION: Proposed Supplementary Rules.
                                                                                                                                                                in the Administrative Record for the
                                                  message or question with the above                      SUMMARY:    The Bureau of Land                        final supplementary rules, comments
                                                  individual. You will receive a reply                    Management (BLM), Malta Field Office                  delivered to an address other than those
                                                  during normal business hours.                           is proposing additional supplementary                 listed above (See ADDRESSES), or
                                                  SUPPLEMENTARY INFORMATION:     The John                 rules for the Zortman Ranger Station, a               comments that the BLM receives after
                                                  Day-Snake RAC consists of 15 members,                   historic U.S. Forest Service Ranger                   the close of the comment period (See
                                                  chartered and appointed by the                          Station now administered by the BLM                   DATES), unless they are postmarked or
                                                  Secretary of the Interior. Their diverse                in Zortman, Montana, and Buffington                   electronically dated before the deadline.
                                                                                                          Day Use Area at the Camp Creek                           Comments, including names, street
                                                  perspectives are represented in
                                                                                                          Recreation Area. The supplementary                    addresses, and other contact
                                                  commodity, conservation, and general
                                                                                                          rules are necessary to maintain the                   information for respondents, will be
                                                  interests. They provide advice to BLM
                                                                                                          public health and safety and to protect               available for public review at the Malta
                                                  and Forest Service resource managers                                                                          Field Office address listed in the section
                                                                                                          the environment of the recreation areas.
                                                  regarding management plans and                          They will help reduce erosion, reduce                 ADDRESSES during regular business
                                                  proposed resource actions on public                     fire hazards, provide for public safety,              hours (8 a.m. to 4:30 p.m., Monday
                                                  land in central and eastern Oregon.                     prevent damage to natural resources,                  through Friday, except Federal
                                                     Agenda items for the meeting include                 reduce user conflicts, and increase                   holidays). Before including your
                                                  a discussion on fees associated with the                visitor satisfaction.                                 address, phone number, email address,
                                                  Snake and Deschutes Rivers. Other                       DATES: To ensure that comments will be                or other personal identifying
                                                  topics will be posted along with the                    considered, the BLM must receive                      information in your comment, you
                                                  agenda on the John Day Snake RAC Web                    written comments on the proposed                      should be aware that your comment—
                                                  site at: http://www.blm.gov/or/rac/                     supplementary rules by November 1,                    including your personal identifying
                                                  jdrac_meetingnotes.php.                                 2016. In developing final supplementary               information—may be made publicly
                                                                                                          rules, the BLM may not consider                       available at any time. While you can ask
                                                     All meetings are open to the public.                                                                       us in your comment to withhold your
                                                  Information to be distributed to the John               comments postmarked or received in
                                                                                                          person or by electronic mail after this               personal identifying information from
                                                  Day-Snake RAC is requested prior to the                                                                       public review, we cannot guarantee that
                                                                                                          date.
                                                  start of each meeting. A public comment                                                                       we will be able to do so.
                                                  period will be offered on October 7,                    ADDRESSES:   Comments may be mailed
                                                  2016, from 10:30 a.m. to 11 a.m. Unless                 or hand delivered to the BLM Malta                    Background
                                                  otherwise approved by the John Day-                     Field Office, Attn: Field Manager, 501                  The Zortman Ranger Station, built in
                                                  Snake RAC Chairs, the public comment                    South 2nd Street East, Malta, MT 59538.               1905, was part of the Lewis and Clark
                                                  period in each meeting will last no                     You may also submit comments via                      National Forest until 1965, when
                                                  longer than 30 minutes. Each speaker                    email to BLM_MT_Malta_FO@blm.gov                      management of public lands in the area
                                                  may address the John Day-Snake RAC                      or fax to 406–654–5150. Copies of the                 was transferred to the BLM. The site
                                                                                                          fee proposal are available at the BLM                 includes the four-room main building, a
                                                  for a maximum of 5 minutes. A public
                                                                                                          Malta Field Office, 501 South 2nd Street              storage shed, and amphitheater which
                                                  call-in number for both meeting
                                                                                                          East, Malta, MT 59538 or on line at:                  was built for the Lewis and Clark
                                                  locations is provided on the John Day-                  http://www.blm.gov/mt/st/en/fo/malta_
                                                  Snake RAC Web site at http://                                                                                 Bicentennial celebration. The main
                                                                                                          field_office.html.                                    building is eligible for listing on the
                                                  www.blm.gov/or/rac/jdrac.php.
                                                                                                          FOR FURTHER INFORMATION CONTACT:                      National Register of Historic Places. In
                                                     Meeting times and the duration                       Vinita Shea, Malta Field Manager, at the              2013, the BLM partnered with the Forest
                                                  scheduled for public comment periods                    above address, or by calling 406–654–                 Service’s historic preservation team to
                                                  may be extended or altered when the                     5131. Persons who use a                               repair the outside of the main building
                                                  authorized representative considers it                  telecommunications device for the deaf                and landscape the yard to divert runoff
                                                  necessary to accommodate business and                   may call the Federal Information Relay                which was undermining the foundation.
                                                  all who seek to be heard regarding                      Service (FIRS) at 1–800–877–8339 to                   The interior of the building has been
mstockstill on DSK3G9T082PROD with NOTICES




                                                  matters before the John Day-Snake RAC.                  contact the above individual during                   inventoried and abated for asbestos and
                                                                                                          normal business hours. The FIRS is                    lead paint. The site also features an
                                                  Don Gonzalez,                                           available 24 hours a day, 7 days a week,              amphitheater which is used for
                                                  Vale District Manager.                                  to leave a message or question with the               interpretive presentations.
                                                  [FR Doc. 2016–20819 Filed 9–1–16; 8:45 am]              above individual. You will receive a                    Buffington Day Use Area is located
                                                  BILLING CODE 4310–33–P                                  reply during normal business hours.                   within the Camp Creek Recreation Area
                                                                                                          SUPPLEMENTARY INFORMATION:                            just northeast of Zortman, Montana.


                                             VerDate Sep<11>2014   18:25 Sep 01, 2016   Jkt 238001   PO 00000   Frm 00065   Fmt 4703   Sfmt 4703   E:\FR\FM\02SEN1.SGM   02SEN1


                                                  60734                       Federal Register / Vol. 81, No. 171 / Friday, September 2, 2016 / Notices

                                                  Buffington Day Use Area is utilized by                  other campers or occupants, in order to               understand if they were divided into
                                                  individuals and groups as a parking site                increase visitor satisfaction and safety.             more (but shorter) sections?
                                                  for day hikes, family and group                         Quiet hours at the Zortman Ranger                       (5) Is the description of the proposed
                                                  gatherings such as picnics, reunions,                   Station would be 10:00 p.m.–7:00 a.m.                 supplementary rules in the
                                                  church group outings, and birthday                      and site usage at the Buffington Day Use              SUPPLEMENTARY INFORMATION section of
                                                  parties. In September 1994, the BLM                     Area would be 6:00 a.m.–11:00 p.m.                    this preamble helpful to your
                                                  completed the Record of Decision and                    These rules would enhance visitor                     understanding of the proposed
                                                  Approved Phillips Resource Area                         satisfaction.                                         supplementary rules? How could this
                                                  Resource Management Plan, which                           The proposed supplementary rules                    description be more helpful in making
                                                  provide for the maintenance and                         would apply to the Zortman Ranger                     the proposed supplementary rules easier
                                                  enhancement of the recreational quality                 Station, a historic U.S. Forest Service               to understand?
                                                  of BLM land and resources to ensure                     Ranger Station now administered by the                  Please send any comments you have
                                                  enjoyable recreation experiences.                       BLM in Zortman, Montana, and                          on the clarity of the proposed
                                                    The proposed supplementary rules                      Buffington Day Use Area at the Camp                   supplementary rules to the address
                                                  are authorized by 43 CFR 8365.1–6,                      Creek Recreation Area. Both areas                     specified in the ADDRESSES section.
                                                  which states, ‘‘The State Director may                  comprise approximately 3 acres of                     National Environmental Policy Act
                                                  establish such supplementary rules as                   public lands within Phillips County,                  (NEPA)
                                                  he/she deems necessary. These rules                     Montana.
                                                  may provide for the protection of                                                                                Supplementary rules are made under
                                                                                                          Procedural Matters                                    the Visitor Services regulations of the
                                                  persons, property, and public lands and
                                                  resources. No person shall violate such                 Executive Order 12866, Regulatory                     Bureau of Land Management found at
                                                  supplementary rules.’’                                  Planning and Review                                   43 CFR 8365.1–6. The BLM has
                                                                                                                                                                determined that these proposed
                                                  Discussion of Proposed Supplementary                      These supplementary rules are not                   supplementary rules are administrative
                                                  Rules                                                   significant regulatory actions and are                in nature, and are therefore categorically
                                                                                                          not subject to review by the Office of                excluded from environmental review
                                                     The supplementary rules are
                                                                                                          Management and Budget under                           under Section 102(2)(C) of NEPA, 43
                                                  necessary to maintain the public health
                                                                                                          Executive Order 12866. The                            CFR 46.205, and 43 CFR 46.210(c) and
                                                  and safety, and to protect the
                                                                                                          supplementary rules will result in an                 (i). The BLM’s Malta Field Office has
                                                  environment and facilities of the
                                                                                                          annual cost of less than $100 million or              prepared a Categorical Exclusion (CX)
                                                  recreation areas. The rules will also help
                                                                                                          more on the economy. They will not                    document to determine that these
                                                  reduce erosion and fire hazards, prevent
                                                                                                          adversely affect in a material way the
                                                  damage to natural resources, reduce                                                                           proposed supplementary rules do not
                                                                                                          economy, productivity, competition,
                                                  user conflicts, and increase visitor                                                                          meet any of the 12 criteria for
                                                                                                          jobs, environment, public health or
                                                  satisfaction.                                                                                                 exceptions to categorical exclusions
                                                     The proposed rules would limit the                   safety, or State, local, or tribal
                                                                                                                                                                listed at 43 CFR 46.215. Pursuant to the
                                                                                                          governments or communities. These
                                                  number of days that a person or group                                                                         Council on Environmental Quality
                                                                                                          supplementary rules will not create a
                                                  could rent the Zortman Ranger Station                                                                         regulations (40 CFR 1508.4) and the
                                                                                                          serious inconsistency or otherwise
                                                  allowing more people to access the                                                                            environmental regulations, policies, and
                                                                                                          interfere with an action taken or
                                                  facility and thereby increase visitor                                                                         procedures of the Department of the
                                                                                                          planned by another agency. The rules
                                                  satisfaction and reduce user conflicts.                                                                       Interior, the term ‘‘categorical
                                                                                                          do not alter the budgetary effects of
                                                  Game carcasses would not be allowed to                                                                        exclusions’’ means a category of actions
                                                                                                          entitlements, grants, user fees, or loan
                                                  be stored and no fish or game would be                                                                        which do not individually or
                                                                                                          programs or the rights or obligations of
                                                  allowed to be cleaned inside the                                                                              cumulatively have a significant effect on
                                                                                                          their recipients, nor do they raise novel
                                                  Zortman Ranger Station. These rules                                                                           the human environment and that have
                                                                                                          legal or policy issues. These rules would
                                                  would protect facilities, assist in                     merely impose rules of conduct within                 been found to have no such effect in
                                                  ensuring visitor satisfaction, and protect              the recreation sites.                                 procedures adopted by a Federal agency
                                                  public health.                                                                                                and for which neither an environmental
                                                     Pets would be required to be leashed                 Clarity of the Supplementary Rules                    assessment nor an environmental
                                                  if left unattended outside or kenneled if                  Executive Order 12866 requires each                impact statement is required. The
                                                  left unattended inside the Zortman                      agency to write regulations that are                  supplementary rules merely contain
                                                  Ranger Station. These rules would                       simple and easy to understand.                        rules of conduct for certain recreational
                                                  protect the Ranger Station. Pets would                     The BLM invites your comments on                   lands in Montana. These rules are
                                                  be required to be leashed and would not                 how to make these proposed                            designed to protect the environment and
                                                  be allowed to be left unattended at the                 supplementary rules easier to                         the public health and safety. The BLM
                                                  Buffington Day Use Area. This rule                      understand, including answers to                      has placed the CX and the Decision
                                                  would protect public safety. No cutting                 questions such as the following:                      Record (DR) on file in the BLM
                                                  of standing trees or any vegetation at the                 (1) Are the requirements in the                    Administrative Record at the address
                                                  Zortman Ranger Station or the                           proposed supplementary rules clearly                  specified in the ADDRESSES section.
                                                  Buffington Day Use Area would be                        stated?
                                                  allowed. These rules would prevent                                                                            Regulatory Flexibility Act
                                                                                                             (2) Do the proposed supplementary
                                                  damage to natural resources and reduce                  rules contain technical language or                      Congress enacted the Regulatory
                                                  erosion. Campfires would only be                                                                              Flexibility Act of 1980 (RFA), as
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                          jargon interfering with their clarity?
                                                  allowed in BLM-provided fire rings to                      (3) Does the format of the proposed                amended, 5 U.S.C. 601–612, to ensure
                                                  prevent fire hazards.                                   supplementary rules (grouping and                     that government regulations do not
                                                     Visitors would be prohibited from                    order of sections, use of headings,                   unnecessarily or disproportionately
                                                  leaving any personal property or refuse                 paragraphing, etc.) aid or reduce their               burden small entities. The RFA requires
                                                  after vacating the Zortman Ranger                       clarity?                                              a regulatory flexibility analysis if a rule
                                                  Station or the Buffington Day Use Area,                    (4) Would the proposed                             would have a significant economic
                                                  even if that property is intended for                   supplementary rules be easier to                      impact, either detrimental or beneficial,


                                             VerDate Sep<11>2014   18:25 Sep 01, 2016   Jkt 238001   PO 00000   Frm 00066   Fmt 4703   Sfmt 4703   E:\FR\FM\02SEN1.SGM   02SEN1


                                                                              Federal Register / Vol. 81, No. 171 / Friday, September 2, 2016 / Notices                                          60735

                                                  on a substantial number of small                        on the distribution of power and                      Executive Order 13211, Actions
                                                  entities. These supplementary rules                     responsibilities among the various                    Concerning Regulations That
                                                  pertain to recreational use of specific                 levels of government. These                           Significantly Affect Energy Supply,
                                                  public lands, and do not affect                         supplementary rules will have little or               Distribution, or Use
                                                  commercial or governmental entities of                  no effect on State or local government.                  The supplementary rules do not
                                                  any size. Therefore, the BLM has                        Therefore, in accordance with Executive               comprise a significant energy action.
                                                  determined under the RFA that these                     Order 13132, the BLM has determined                   They will not have an adverse effect on
                                                  supplementary rules will not have a                     that these supplementary rules do not                 energy supplies, production, or
                                                  significant economic impact on a                        have sufficient Federalism implications               consumption. They address recreational
                                                  substantial number of small entities,                   to warrant preparation of a Federalism                use of specific public lands, and have
                                                  and do not necessitate preparation of a                 Assessment.                                           no connection with energy policy.
                                                  regulatory flexibility analysis.                                                                                 Proposed Supplementary Rules: For
                                                                                                          Executive Order 12988, Civil Justice                  the reasons stated in this preamble, and
                                                  Small Business Regulatory Enforcement
                                                                                                          Reform                                                under the authority of 43 CFR 8365.1–
                                                  Fairness Act
                                                    These fees and supplementary rules                      The BLM has determined that the                     6, the State Director proposes to
                                                  do not constitute a ‘‘major rule’’ as                   supplementary rules will not unduly                   establish supplementary rules for public
                                                  defined at 5 U.S.C. 804(2). They would                  burden the judicial system and that they              lands managed by the BLM, Malta Field
                                                  not result in an annual effect on the                                                                         Office. The proposed supplementary
                                                                                                          meet the requirements of sections 3(a)
                                                  economy of $100 million or more, in a                                                                         rules for the Zortman Ranger Station
                                                                                                          and 3(b)(2) of the Order.
                                                  major increase in costs or prices, or in                                                                      are:
                                                  significant adverse effects on                          Executive Order 13175, Consultation                      1. Rental of the Zortman Ranger
                                                  competition, employment, investment,                    and Coordination With Indian Tribal                   Station is limited to no more than 7
                                                  productivity, innovation, or on the                     Governments                                           consecutive days and no more than 14
                                                  ability of United States-based                                                                                days per year per person or group.
                                                                                                            The proposed supplementary rules                       2. Campfires are allowed only in
                                                  enterprises to compete with foreign-
                                                                                                          would merely establish rules of conduct               BLM-provided fire rings.
                                                  based enterprises in domestic and
                                                                                                          for public use of a limited area of public               3. Fish and game are not to be cleaned
                                                  export markets. They will merely
                                                                                                          land and would not affect land held for               inside the building.
                                                  impose reasonable restrictions on
                                                                                                          the benefit of Indians or Alaska Natives                 4. No game carcasses are allowed in
                                                  certain actions within the Malta Field
                                                                                                          or impede their rights. The BLM has                   the building.
                                                  Office fee campgrounds.
                                                                                                          found that the supplementary rules do                    5. Pets must be leashed and cannot be
                                                  Unfunded Mandates Reform Act                            not include policies that have tribal                 left unattended outside the building.
                                                     The Unfunded Mandates Reform Act                     implications.                                            6. Pets must be kenneled if left
                                                  (UMRA), 2 U.S.C. 1501 et seq., requires                                                                       unattended inside the building.
                                                  an assessment of unfunded mandates on                   Executive Order 13352, Facilitation of                   7. Quiet hours are 10:00 p.m. to 7:00
                                                  State, local or tribal governments. These               Cooperative Conservation                              a.m.
                                                  supplementary rules do not impose any                                                                            8. No cutting of standing trees or any
                                                                                                            In accordance with Executive Order                  vegetation is allowed at the site.
                                                  unfunded mandate on State, local, or                    13352, the BLM has determined that the
                                                  tribal governments, in the aggregate, or                                                                         9. You must not leave any personal
                                                                                                          proposed supplementary rules would                    property or refuse after vacating the
                                                  the private sector, of more than $100                   not impede facilitating cooperative
                                                  million per year. The rules also will not                                                                     premises. This includes any property
                                                                                                          conservation; would take appropriate                  left for the purposes of use by another
                                                  have a significant or unique effect on
                                                                                                          account of and consider the interests of              camper or occupant.
                                                  small governments. They restrict certain
                                                                                                          persons with ownership or other legally                  The proposed supplementary rules for
                                                  actions within the subject fee sites.
                                                                                                          recognized interests in land or other                 Buffington Day Use Area are:
                                                  Therefore, the BLM is not required to
                                                  prepare a statement containing the                      natural resources; would properly                        1. Site occupancy is limited to day
                                                  information required by the UMRA.                       accommodate local participation in the                use from 6:00 a.m. to 11:00 p.m.
                                                                                                          Federal decision-making process; and                     2. Campfires are allowed only in
                                                  Executive Order 12630, Governmental                     would provide that the programs,                      BLM-provided fire rings.
                                                  Actions and Interference With                           projects, and activities are consistent                  3. Pets must be leashed and must not
                                                  Constitutionally Protected Property                     with protecting public health and safety.             be left unattended.
                                                  Rights (Takings)                                                                                                 4. No cutting of standing trees or any
                                                                                                          Information Quality Act                               vegetation is allowed at the site.
                                                     These supplementary rules are not a
                                                  government action capable of interfering                  In developing these proposed                           5. You must not leave any personal
                                                  with constitutionally protected property                supplementary rules, the BLM did not                  property or refuse after vacating the
                                                  rights. The rules will have no effect on                conduct or use a study, experiment, or                premises. This includes any property
                                                  private lands or property. Therefore, the               survey requiring peer review under the                left for the purposes of use by another
                                                  BLM has determined that these                           Information Quality Act (Section 515 of               camper or occupant.
                                                  supplementary rules will not cause a                    Pub. L. 106–554).                                     Enforcement
                                                  taking of private property or require
                                                                                                                                                                  Any person who violates any of these
mstockstill on DSK3G9T082PROD with NOTICES




                                                  preparation of a takings assessment                     Paperwork Reduction Act
                                                  under this Executive Order.                                                                                   supplementary rules may be tried before
                                                                                                            These supplementary rules do not                    a United States Magistrate and fined in
                                                  Executive Order 13132, Federalism                       contain information collection                        accordance with 18 U.S.C. 3571,
                                                    These supplementary rules will not                    requirements that the Office of                       imprisoned no more than 12 months
                                                  have a substantial direct effect on the                 Management and Budget must approve                    under 43 U.S.C. 1733(a) and 43 CFR
                                                  states, on the relationship between the                 under the Paperwork Reduction Act of                  8560.0–7, or both. In accordance with
                                                  national government and the states, or                  1995, 44 U.S.C. 3501 et seq.                          43 CFR 8365.1–7, State or local officials


                                             VerDate Sep<11>2014   18:25 Sep 01, 2016   Jkt 238001   PO 00000   Frm 00067   Fmt 4703   Sfmt 4703   E:\FR\FM\02SEN1.SGM   02SEN1


                                                  60736                       Federal Register / Vol. 81, No. 171 / Friday, September 2, 2016 / Notices

                                                  may also impose penalties for violations                location of public meetings on both the               of the NDAA for Fiscal Year 2000,
                                                  of Montana law.                                         extension and the expansion.                          which reserves these lands for defense-
                                                                                                          DATES: Comments on the withdrawal                     related purposes for a period of 20
                                                  Exemptions
                                                                                                          applications, including their                         years. Unless Congress extends the
                                                     The following persons are exempt                     environmental consequences, should be                 withdrawal, it will expire on November
                                                  from these supplementary rules: Any                     received on or before December 1, 2016.               5, 2021.
                                                  Federal, State, local, and/or military                  In addition, public meetings on the                      In addition to the DON’s request that
                                                  employees acting within the scope of                    withdrawal applications will be held                  the current withdrawal be extended, the
                                                  their duties; members of any organized                  jointly with the DON’s public meetings                DON filed an application requesting the
                                                  rescue or fire-fighting force performing                associated with the National                          withdrawal and reservation of
                                                  an official duty; and persons, agencies,                Environmental Policy Act of 1969, as                  additional public lands for military
                                                  municipalities or companies holding an                  amended (NEPA) evaluation of the                      training exercises involving the NAS
                                                  existing special-use permit and                         withdrawals.. The dates and locations of              Fallon at Fallon, Churchill County,
                                                  operating within the scope of their                     the public meetings are listed in the                 Nevada. The application to expand the
                                                  permit.                                                 SUPPLEMENTARY INFORMATION section.                    acreage of lands withdrawn for the
                                                  Jamie Connell,                                          ADDRESSES: Comments pertaining to the                 Navy’s use at Fallon seeks the
                                                                                                          DON withdrawal extension proposal                     withdrawal of approximately 604,789
                                                  State Director, Bureau of Land Management,
                                                  Montana/Dakotas.                                        and/or the DON withdrawal expansion                   additional acres of public lands from all
                                                                                                          proposal should be sent to: Naval                     forms of appropriation under the public
                                                  [FR Doc. 2016–21178 Filed 9–1–16; 8:45 am]
                                                                                                          Facilities Engineering Command                        land laws, including the mining laws,
                                                  BILLING CODE 4310–DN–P
                                                                                                          Southwest; Attention: Amy P. Kelley,                  the mineral leasing laws, and the
                                                                                                          Code EV21.AK; 1220 Pacific Highway;                   geothermal leasing laws, subject to valid
                                                  DEPARTMENT OF THE INTERIOR                              Building 1, 5th Floor; San Diego,                     existing rights.
                                                                                                          California 92132. Comments pertaining                    In addition, the application seeks to
                                                  Bureau of Land Management                               to this Notice should be submitted by                 extend the existing withdrawal of
                                                                                                          any of the following methods:                         68,804 acres in the Dixie Valley
                                                  [LLNVC01000.L19200000.ET0000;                                                                                 Training Area (DVTA). Pursuant to
                                                  LRORF1608600; MO# 4500096048]                           • Email: BLM_NV_FRTC@blm.gov
                                                                                                                                                                Section 3011 of the NDAA for Fiscal
                                                                                                          • Fax: (775) 885–6147
                                                  Notice of Application for withdrawal                    • Mail: BLM Carson City District, Attn:               Year 2000, the FRTC DVTA acres are
                                                  extension; Notice of Application for                       NAS Fallon FRTC, 5665 Morgan Mill                  currently withdrawn from all forms of
                                                  Withdrawal Expansion; and                                  Road, Carson City, NV 89701                        appropriation under the public land
                                                  Opportunity for Public Meeting; Naval                                                                         laws, including the mining and
                                                                                                          FOR FURTHER INFORMATION CONTACT:
                                                  Air Station, Fallon, Nevada                                                                                   geothermal leasing laws, but not
                                                                                                          Colleen Sievers, BLM, Carson City                     withdrawn from the mineral leasing
                                                  AGENCY:   Bureau of Land Management,                    District Office, 775–885–6168; address:               laws. This application seeks the
                                                  Interior.                                               5665 Morgan Mill Road, Carson City,                   withdrawal of these 68,804 acres of the
                                                                                                          NV 89701; email: csievers@blm.gov.                    DVTA from the mineral leasing laws,
                                                  ACTION: Notice of withdrawal
                                                                                                          Persons who use a telecommunications                  subject to valid existing rights. The
                                                  applications.
                                                                                                          device for the deaf (TDD) may call the                DON’s requested 604,789 expansion
                                                  SUMMARY:   The Department of the Navy                   Federal Information Relay Service                     acres do not include the 68,804 DVTA
                                                  (DON) has filed an application to extend                (FIRS) at 1–800–877–8339 to contact the               acres, as the DVTA acres are already
                                                  the current withdrawal of public lands                  above individual during normal                        withdrawn from the other public land
                                                  from all forms of appropriation under                   business hours. The FIRS is available 24              laws, and reserved for DON use.
                                                  the public land laws, including the                     hours a day, seven days a week, to leave                 As required by section 204(b)(1) of the
                                                  mining laws, the mineral leasing laws,                  a message or question with the above                  Federal Land Policy and Management
                                                  and the geothermal leasing laws, subject                individual. You will receive a reply                  Act of 1976 (FLPMA), 43 U.S.C.
                                                  to valid existing rights, for military use              during normal business hours.                         1714(b)(1), and the BLM regulations at
                                                  of the Naval Air Station (NAS) Fallon,                  SUPPLEMENTARY INFORMATION: Pursuant                   43 CFR part 2300, the BLM is
                                                  Fallon Range Training Complex (FRTC)                    to section 3016 of the National Defense               publishing this Notice of the DON
                                                  in Churchill County, Nevada                             Authorization Act (NDAA) for Fiscal                   applications. While the BLM and the
                                                  (withdrawal extension). The DON has                     Year 2000, Pub. L. 106–65, the                        Department of the Interior (DOI) assist
                                                  also requested the withdrawal of                        Department of the Navy (DON) has filed                the DON with the processing of
                                                  approximately 604,789 additional acres                  an application to extend the current                  withdrawal applications, and the
                                                  of public lands from all forms of                       withdrawal of public lands from all                   Secretary of the Interior makes a
                                                  appropriation under the public land                     forms of appropriation under the public               recommendation to Congress on
                                                  laws, including the mining laws, the                    land laws, including the mining laws,                 proposed withdrawals, it will be
                                                  mineral leasing laws, and the                           the mineral leasing laws (except for                  Congress, not the Secretary of the
                                                  geothermal leasing laws, subject to valid               approximately 68,804 acres in the Dixie               Interior, that will make the final
                                                  existing rights (withdrawal expansion).                 Valley Training Area which is currently               decision on the requested extension and
                                                  This notice temporarily segregates the                  included in the overall withdrawal but                expansion of the existing NAS Fallon
                                                  604,789 acres from all forms of                         not withdrawn from the mineral leasing                withdrawal.
                                                  appropriation under the public land                     laws), and the geothermal leasing laws,                  Extention request. This application
mstockstill on DSK3G9T082PROD with NOTICES




                                                  laws, including the mining laws, the                    subject to valid existing rights, for                 requests extension of the withdrawal of
                                                  mineral leasing laws, and the                           military use of the Naval Air Station                 the following area at the NAS FRTC,
                                                  geothermal leasing laws, for 2 years;                   (NAS) Fallon, Fallon Range Training                   Nevada, subject to valid existing rights
                                                  gives the public an opportunity to                      Complex (FRTC) in Churchill County,                   as described below: The areas B–16, B–
                                                  comment on the proposed withdrawal                      Nevada. The lands are currently                       17, B–19, B–20, Shoal Site, and the
                                                  extension and withdrawal expansion;                     withdrawn under the Military Lands                    Dixie Valley Training Area aggregate
                                                  and announces the date, time, and                       Withdrawal Act of 1999, which is part                 223,557 acres. Portions of these lands


                                             VerDate Sep<11>2014   18:25 Sep 01, 2016   Jkt 238001   PO 00000   Frm 00068   Fmt 4703   Sfmt 4703   E:\FR\FM\02SEN1.SGM   02SEN1



Document Created: 2018-02-09 11:56:00
Document Modified: 2018-02-09 11:56:00
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionProposed Supplementary Rules.
DatesTo ensure that comments will be considered, the BLM must receive written comments on the proposed supplementary rules by November 1, 2016. In developing final supplementary rules, the BLM may not consider comments postmarked or received in person or by electronic mail after this date.
ContactVinita Shea, Malta Field Manager, at
FR Citation81 FR 60733 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR