81_FR_75576 81 FR 75366 - Notice of Proposed Supplementary Rules for Public Lands Managed by the Moab Field Office in Grand County, Utah

81 FR 75366 - Notice of Proposed Supplementary Rules for Public Lands Managed by the Moab Field Office in Grand County, Utah

DEPARTMENT OF THE INTERIOR
Bureau of Land Management

Federal Register Volume 81, Issue 210 (October 31, 2016)

Page Range75366-75368
FR Document2016-26179

The Bureau of Land Management (BLM) is proposing a supplementary rule addressing conduct on public lands in the vicinity of Corona Arch and Gemini Bridges in Grand County, Utah. The proposed supplementary rule would prohibit roped activities around Corona Arch and Gemini Bridges. Such activities involve the use of ropes or other climbing aids, and include, but are not limited to, ziplining, highlining, slacklining, traditional rock climbing, sport rock climbing, rappelling, and swinging.

Federal Register, Volume 81 Issue 210 (Monday, October 31, 2016)
[Federal Register Volume 81, Number 210 (Monday, October 31, 2016)]
[Proposed Rules]
[Pages 75366-75368]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-26179]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Part 8360

[16XL 1109AF LLUTY0100 L12200000.EA0000 24-1A]


Notice of Proposed Supplementary Rules for Public Lands Managed 
by the Moab Field Office in Grand County, Utah

AGENCY: Bureau of Land Management, Interior.

ACTION: Proposed supplementary rule.

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

SUMMARY: The Bureau of Land Management (BLM) is proposing a 
supplementary rule addressing conduct on public lands in the vicinity 
of Corona Arch and Gemini Bridges in Grand County, Utah. The proposed 
supplementary rule would prohibit roped activities around Corona Arch 
and Gemini Bridges. Such activities involve the use of ropes or other 
climbing aids, and include, but are not limited to, ziplining, 
highlining, slacklining, traditional rock climbing, sport rock 
climbing, rappelling, and swinging.

DATES: Comments on the proposed supplementary rule must be received or 
postmarked by December 30, 2016 to be assured of consideration. 
Comments received, postmarked or electronically dated after that date 
will not necessarily be considered in the development of the final 
supplementary rules.

ADDRESSES: Please mail or hand deliver all comments concerning the 
proposed supplementary rule to the Bureau of Land Management, 82 E. 
Dogwood, Moab, UT 84532, or email comments to Katie Stevens, at 
[email protected]. The proposed supplementary rule and a map depicting 
the area that would be affected are available for public review at the 
Moab Field Office, located at 82 E. Dogwood, Moab, UT 84532. The 
affected area is also shown on a map on the Moab Field Office's Web 
site at http://www.blm.gov/ut/st/en/fo/moab.html.

FOR FURTHER INFORMATION CONTACT: Beth Ransel, Moab Field Manager, BLM 
Moab Field Office, 82 E. Dogwood, Moab, UT 84532, or telephone (435) 
259-2110. Persons who use a telecommunications device for the deaf 
(TDD) may call the Federal Information Relay Service (FIRS) at 800-877-
8339 to leave a message or question with the above individual. The FIRS 
is available 24 hours a day, 7 days a week. You will receive a reply 
during normal business hours.

SUPPLEMENTARY INFORMATION: 

I. Public Comment Procedures

    The public is invited to provide comments on the proposed 
supplementary rule. See the DATES and ADDRESSES sections for 
information on submitting comments. Written comments on the proposed 
supplementary rule must be sent in accordance with the information 
outlined in the DATES and ADDRESSES sections of this notice. The BLM 
need not consider, or include in the Administrative Record for the 
final supplementary rule, (a) comments delivered to an address other 
than those listed above (See ADDRESSES), or (b) comments that the BLM 
receives after the close of the comment period (See DATES), unless they 
are postmarked or electronically dated before the deadline.
    Written comments on the proposed supplementary rule should be 
specific, confined to issues pertinent to the proposed supplementary 
rule, and should explain the reason for any recommended change. Where 
possible, comments should reference the specific section of the rule 
that the comment is addressing. Comments, including names, street 
addresses, and other contact information of respondents, will be 
available for public review at 82 E. Dogwood, Moab, UT 84532, during 
regular business hours (8:00 a.m. to 4:30 p.m.), Monday through Friday, 
except Federal holidays. Before including your address, telephone 
number, email address, or other personal identifying information in 
your comment, be advised that your entire comment, including your 
personal identifying information, may be made publicly available at any 
time. While you can ask us in your comment to withhold from public 
review your personal identifying information, we cannot guarantee that 
we will be able to do so.

II. Background

    The BLM establishes supplementary rules under the authority of 43 
CFR 8365.1-6, which allows the BLM State Directors to establish such 
rules for the protection of persons, property, and public lands and 
resources. This regulation allows the BLM to issue rules of less than 
national effect without codifying the rules in the Code of Federal 
Regulations.
    Corona Arch and Gemini Bridges are two of the most popular 
locations in the Moab Field Office. Corona Arch is a partly 
freestanding arch with a 110-foot by 110-foot opening. Gemini Bridges 
are two large arches standing side-by-side. Corona Arch is visited by 
approximately 40,000 visitors per year, and Gemini Bridges are visited 
by approximately 50,000 visitors per year. The BLM has received many 
complaints that roped activities, including swinging from the arches, 
conflict with other visitors' use and enjoyment of the arches. The BLM 
finds merit in these complaints. People setting up and using swings and 
rappels from the arches endanger both themselves and those viewing them 
from below. In addition, the rock arches may be damaged by ropes 
``sawing'' on the rock spans. The supplementary rules currently in 
effect in the Moab Field Office (at 81 FR 9498 (Feb. 25, 2016)) do not 
address roped activities on the affected arches, although a temporary 
restriction (80 FR 27703 (May 14, 2015)) is in effect until May 2017.

[[Page 75367]]

    The legal descriptions of the affected public lands are:

Salt Lake Meridian

T. 25 S., R. 20 E.,
    Sec. 34, NW1/4 SW1/4, that part surrounding Gemini Bridges.
T. 25 S., R. 21 E.,
    sec. 32, SE1/4 SE1/4, that part surrounding Corona Arch.
T. 26 S., R. 21 E.,
    sec. 5, NE1/4, that part surrounding Corona Arch.

    The areas described aggregate 37.3 acres.

    This proposed supplementary rule would allow for enforcement as a 
tool in minimizing the adverse effects of roped activities within the 
affected areas. After it goes into effect, the supplementary rule will 
be available for inspection in the Moab Field Office, and it will be 
announced broadly through the news media and direct mail to the 
constituents included on the Moab Field Office mailing list. It will 
also be posted on signs at main entry points to the affected areas.

III. Discussion of the Proposed Supplementary Rule

    The Moab Field Office proposes to ban roped activities in the 
vicinity of Corona Arch and Gemini Bridges. The prohibited activities 
would include, but not be limited to, ziplining, highlining, 
slacklining, traditional rock climbing, sport rock climbing, 
rappelling, and swinging, using equipment such as ropes, cables, 
climbing aids, webbing, or anchors. The proposed supplementary rule 
would affect 31 acres surrounding Corona Arch and 6.3 acres surrounding 
Gemini Bridges. The proposed supplementary rule is necessary for the 
protection of visitors and for the protection of the arches.

IV. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

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

Clarity of the Rule

    Executive Order 12866 requires each agency to write regulations 
that are simple and easy to understand. The BLM invites comments on how 
to make this proposed supplementary rule easier to understand, 
including answers to questions such as the following:
    (1) Are the requirements in the proposed supplementary rule clearly 
stated?
    (2) Does the proposed supplementary rule contain technical language 
or jargon that interferes with their clarity?
    (3) Does the format of the proposed supplementary rule (grouping 
and order of sections, use of headings, paragraphing, etc.) aid or 
reduce its clarity?
    (4) Would the proposed supplementary rule be easier to understand 
if it was divided into more (but shorter) sections?
    (5) Is the description of the proposed supplementary rule in the 
SUPPLEMENTARY INFORMATION section of this preamble helpful to your 
understanding of the proposed supplementary rule? How could this 
description be more helpful in making the proposed supplementary rule 
easier to understand?
    Please send any comments you have on the clarity of the proposed 
supplementary rule to the address specified in the ADDRESSES section.

National Environmental Policy Act (NEPA)

    A temporary restriction on roped activities was analyzed in 
Environmental Assessment (EA) DOI-BLM-UT-2014-0170-EA, Temporary 
Restriction of Roped Activities at Corona Arch and Gemini Bridges. This 
document was subject to a 30-day public comment period; it was signed 
on January 6, 2015. The permanent restriction on roped activities was 
analyzed in Environmental Assessment DOI-BLM-UT-2015-0227, Permanent 
Restriction of Corona Arch and Gemini Bridges to Roped Activities. This 
document was subject to a 30-day scoping period and a 30-day public 
comment period. The Decision Record was signed on May 5, 2016. The EA 
found that the proposed supplementary rule would not constitute a major 
Federal action significantly affecting the quality of the human 
environment under Section 102(2)(C) of the National Environmental 
Policy Act of 1969 (NEPA), 42 U.S.C. 4332(2)(C). The proposed 
supplementary rule merely contains rules of conduct for the BLM public 
lands administered by the Moab Field Office within a 31-acre area 
around Corona Arch and 6.3-acre area around Gemini Bridges. This rule 
is designed to protect the environment and public safety. A detailed 
impact statement under NEPA is not required. The BLM has placed the EA 
and the 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 (RFA), 5 U.S.C. 
601-612, to ensure that Government regulations do not unnecessarily or 
disproportionately burden small entities. The RFA requires a regulatory 
flexibility analysis if a rule would have a significant economic 
impact, either detrimental or beneficial, on a substantial number of 
small entities. The proposed supplementary rule does not pertain 
specifically to commercial or governmental entities of any size, but to 
public recreational use of specific public lands. Therefore, the BLM 
has determined under the RFA that the proposed supplementary rule would 
not have a significant economic impact on a substantial number of small 
entities.

Small Business Regulatory Enforcement Fairness Act

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

Unfunded Mandates Reform Act

    This proposed supplementary rule would not pose an unfunded mandate 
on State, local, or tribal governments of more than $100 million per 
year; nor would it have a significant or unique effect on small 
governments. This proposed supplementary rule does not require anything 
of State, local, or tribal governments. Therefore, the BLM is not 
required to prepare a statement containing the information required by 
the Unfunded Mandates Reform Act, 2 U.S.C. 1531 et seq.

[[Page 75368]]

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

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

Executive Order 13132, Federalism

    This proposed supplementary rule would not have a substantial 
direct effect on the states, on the relationship between the Federal 
government and the states, or on the distribution of power and 
responsibilities among the various levels of government. Therefore, the 
BLM has determined that this proposed supplementary rule does not have 
sufficient Federalism implications to warrant preparation of a 
Federalism assessment.

Executive Order 12988, Civil Justice Reform

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

Executive Order 13175, Consultation and Coordination With Indian Tribal 
Governments

    In accordance with Executive Order 13175, the BLM has found that 
this proposed supplementary rule does not include policies that have 
tribal implications. This proposed supplementary rule does not affect 
lands held in trust for the benefit of Native American tribes, 
individual Indians, Aleuts, or others, nor does it affect 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.

Paperwork Reduction Act

    This proposed supplementary rule does not contain information 
collection requirements that the Office of Management and Budget must 
approve under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.

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

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

Author

    The principal author of the proposed supplementary rule is Beth 
Ransel, Field Manager for the Moab Field Office, Utah.
    For the reasons stated in the preamble, and under the authority for 
supplementary rules at 43 U.S.C. 1740 and 43 CFR 8365.1-6, the Utah 
State Director, BLM, proposes to issue this supplementary rule for 
public lands managed by the BLM in Utah, to read as follows:

V. Proposed Supplementary Rule

Definitions

    Roped activities means activities that involve the use of ropes, 
cables, climbing aids, webbing, or anchors, and includes, but is not 
limited to, ziplining, highlining, slacklining, traditional rock 
climbing, sport rock climbing, rappelling, and swinging.

Prohibited Acts

    1. You must not participate in any roped activities on public lands 
in the vicinity of Corona Arch or Gemini Bridges. This prohibition 
includes, but is not limited to, the use of ropes, cables, climbing 
aids, webbing, anchors, and similar devices.
Exemptions
    The following persons are exempt from this supplementary rule: Any 
Federal, State, local government officer or employee in the scope of 
their duties; members of any organized law enforcement, rescue, or 
firefighting force in performance of an official duty; and any persons, 
agencies, municipalities or companies whose activities are authorized 
in writing by the BLM.
Enforcement
    Any person who violates this supplementary rule may be tried before 
a United States Magistrate and fined in accordance with 18 U.S.C. 3571, 
imprisoned no more than 12 months under 43 U.S.C. 1733(a) and 43 CFR 
8360.0-7, or both. In accordance with 43 CFR 8365.1-7, State or local 
officials may also impose penalties for violations of Utah law.

Jenna Whitlock,
Bureau of Land Management, Acting State Director, Utah.
[FR Doc. 2016-26179 Filed 10-28-16; 8:45 am]
 BILLING CODE 4310-DQ-P



                                               75366                  Federal Register / Vol. 81, No. 210 / Monday, October 31, 2016 / Proposed Rules

                                               Docket ID No. EPA–HQ–OAR–2009–                          supplementary rule addressing conduct                 the close of the comment period (See
                                               0234, to the Federal eRulemaking                        on public lands in the vicinity of Corona             DATES), unless they are postmarked or
                                               Portal: http://www.regulations.gov.                     Arch and Gemini Bridges in Grand                      electronically dated before the deadline.
                                               Follow the online instructions for                      County, Utah. The proposed                              Written comments on the proposed
                                               submitting comments. Once submitted,                    supplementary rule would prohibit                     supplementary rule should be specific,
                                               comments cannot be edited or                            roped activities around Corona Arch                   confined to issues pertinent to the
                                               withdrawn. The EPA may publish any                      and Gemini Bridges. Such activities                   proposed supplementary rule, and
                                               comment received to its public docket.                  involve the use of ropes or other                     should explain the reason for any
                                               Do not submit electronically any                        climbing aids, and include, but are not               recommended change. Where possible,
                                               information you consider to be                          limited to, ziplining, highlining,                    comments should reference the specific
                                               Confidential Business Information (CBI)                 slacklining, traditional rock climbing,               section of the rule that the comment is
                                               or other information whose disclosure is                sport rock climbing, rappelling, and                  addressing. Comments, including
                                               restricted by statute. If you need to                   swinging.                                             names, street addresses, and other
                                               include CBI as part of your comment,                    DATES: Comments on the proposed
                                                                                                                                                             contact information of respondents, will
                                               please visit http://www.epa.gov/                        supplementary rule must be received or                be available for public review at 82 E.
                                               dockets/comments.html for instructions.                 postmarked by December 30, 2016 to be                 Dogwood, Moab, UT 84532, during
                                               Multimedia submissions (audio, video,                   assured of consideration. Comments                    regular business hours (8:00 a.m. to 4:30
                                               etc.) must be accompanied by a written                  received, postmarked or electronically                p.m.), Monday through Friday, except
                                               comment. The written comment is                         dated after that date will not necessarily            Federal holidays. Before including your
                                               considered the official comment and                     be considered in the development of the               address, telephone number, email
                                               should include discussion of all points                 final supplementary rules.                            address, or other personal identifying
                                               you wish to make.                                                                                             information in your comment, be
                                                                                                       ADDRESSES: Please mail or hand deliver
                                                  For additional submission methods,                                                                         advised that your entire comment,
                                                                                                       all comments concerning the proposed
                                               the full EPA public comment policy,                                                                           including your personal identifying
                                                                                                       supplementary rule to the Bureau of
                                               and general guidance on making                                                                                information, may be made publicly
                                                                                                       Land Management, 82 E. Dogwood,
                                               effective comments, please visit http://                                                                      available at any time. While you can ask
                                                                                                       Moab, UT 84532, or email comments to
                                               www.epa.gov/dockets/comments.html.                                                                            us in your comment to withhold from
                                                                                                       Katie Stevens, at kstevens@blm.gov. The
                                               FOR FURTHER INFORMATION CONTACT: For
                                                                                                                                                             public review your personal identifying
                                                                                                       proposed supplementary rule and a map
                                               additional information on this action,                                                                        information, we cannot guarantee that
                                                                                                       depicting the area that would be
                                               contact Barrett Parker, Sector Policies                                                                       we will be able to do so.
                                                                                                       affected are available for public review
                                               and Programs Division, Office of Air                    at the Moab Field Office, located at 82               II. Background
                                               Quality Planning and Standards (D243–                   E. Dogwood, Moab, UT 84532. The                          The BLM establishes supplementary
                                               05), Environmental Protection Agency,                   affected area is also shown on a map on               rules under the authority of 43 CFR
                                               Research Triangle Park, NC 27711;                       the Moab Field Office’s Web site at                   8365.1–6, which allows the BLM State
                                               telephone number: (919) 541–5635;                       http://www.blm.gov/ut/st/en/fo/                       Directors to establish such rules for the
                                               email address: parker.barrett@epa.gov.                  moab.html.                                            protection of persons, property, and
                                               SUPPLEMENTARY INFORMATION: To allow                     FOR FURTHER INFORMATION CONTACT: Beth                 public lands and resources. This
                                               additional time for stakeholders to                     Ransel, Moab Field Manager, BLM Moab                  regulation allows the BLM to issue rules
                                               provide comments, the EPA has decided                   Field Office, 82 E. Dogwood, Moab, UT                 of less than national effect without
                                               to extend the public comment period                     84532, or telephone (435) 259–2110.                   codifying the rules in the Code of
                                               until November 15, 2016.                                Persons who use a telecommunications                  Federal Regulations.
                                                 Dated: October 24, 2016.                              device for the deaf (TDD) may call the                   Corona Arch and Gemini Bridges are
                                               Stephen Page,                                           Federal Information Relay Service                     two of the most popular locations in the
                                                                                                       (FIRS) at 800–877–8339 to leave a                     Moab Field Office. Corona Arch is a
                                               Director, Office of Air Quality Planning and
                                               Standards.                                              message or question with the above                    partly freestanding arch with a 110-foot
                                                                                                       individual. The FIRS is available 24                  by 110-foot opening. Gemini Bridges are
                                               [FR Doc. 2016–26209 Filed 10–28–16; 8:45 am]
                                                                                                       hours a day, 7 days a week. You will                  two large arches standing side-by-side.
                                               BILLING CODE 6560–50–P
                                                                                                       receive a reply during normal business                Corona Arch is visited by approximately
                                                                                                       hours.                                                40,000 visitors per year, and Gemini
                                                                                                       SUPPLEMENTARY INFORMATION:                            Bridges are visited by approximately
                                               DEPARTMENT OF THE INTERIOR                                                                                    50,000 visitors per year. The BLM has
                                                                                                       I. Public Comment Procedures                          received many complaints that roped
                                               Bureau of Land Management
                                                                                                          The public is invited to provide                   activities, including swinging from the
                                                                                                       comments on the proposed                              arches, conflict with other visitors’ use
                                               43 CFR Part 8360
                                                                                                       supplementary rule. See the DATES and                 and enjoyment of the arches. The BLM
                                               [16XL 1109AF LLUTY0100                                  ADDRESSES sections for information on                 finds merit in these complaints. People
                                               L12200000.EA0000 24–1A]                                 submitting comments. Written                          setting up and using swings and rappels
                                                                                                       comments on the proposed                              from the arches endanger both
                                               Notice of Proposed Supplementary                        supplementary rule must be sent in                    themselves and those viewing them
                                               Rules for Public Lands Managed by the                   accordance with the information                       from below. In addition, the rock arches
                                               Moab Field Office in Grand County,                      outlined in the DATES and ADDRESSES                   may be damaged by ropes ‘‘sawing’’ on
Lhorne on DSK30JT082PROD with PROPOSALS




                                               Utah                                                    sections of this notice. The BLM need                 the rock spans. The supplementary rules
                                               AGENCY:   Bureau of Land Management,                    not consider, or include in the                       currently in effect in the Moab Field
                                               Interior.                                               Administrative Record for the final                   Office (at 81 FR 9498 (Feb. 25, 2016)) do
                                               ACTION: Proposed supplementary rule.                    supplementary rule, (a) comments                      not address roped activities on the
                                                                                                       delivered to an address other than those              affected arches, although a temporary
                                               SUMMARY:The Bureau of Land                              listed above (See ADDRESSES), or (b)                  restriction (80 FR 27703 (May 14, 2015))
                                               Management (BLM) is proposing a                         comments that the BLM receives after                  is in effect until May 2017.


                                          VerDate Sep<11>2014   14:09 Oct 28, 2016   Jkt 241001   PO 00000   Frm 00020   Fmt 4702   Sfmt 4702   E:\FR\FM\31OCP1.SGM   31OCP1


                                                                      Federal Register / Vol. 81, No. 210 / Monday, October 31, 2016 / Proposed Rules                                           75367

                                                 The legal descriptions of the affected                create a serious inconsistency or                     found that the proposed supplementary
                                               public lands are:                                       otherwise interfere with an action taken              rule would not constitute a major
                                                                                                       or planned by another agency. This                    Federal action significantly affecting the
                                               Salt Lake Meridian
                                                                                                       proposed supplementary rule does not                  quality of the human environment
                                               T. 25 S., R. 20 E.,                                     materially alter the budgetary effects of             under Section 102(2)(C) of the National
                                                 Sec. 34, NW1/4 SW1/4, that part                       entitlements, grants, user fees, or loan              Environmental Policy Act of 1969
                                                   surrounding Gemini Bridges.                         programs or the right or obligations of               (NEPA), 42 U.S.C. 4332(2)(C). The
                                               T. 25 S., R. 21 E.,
                                                 sec. 32, SE1/4 SE1/4, that part surrounding           their recipients, nor does it raise novel             proposed supplementary rule merely
                                                   Corona Arch.                                        legal or policy issues; it merely strives             contains rules of conduct for the BLM
                                               T. 26 S., R. 21 E.,                                     to protect public safety and the                      public lands administered by the Moab
                                                 sec. 5, NE1/4, that part surrounding Corona           environment.                                          Field Office within a 31-acre area
                                                   Arch.                                                                                                     around Corona Arch and 6.3-acre area
                                                                                                       Clarity of the Rule                                   around Gemini Bridges. This rule is
                                                 The areas described aggregate 37.3 acres.
                                                                                                          Executive Order 12866 requires each                designed to protect the environment and
                                                  This proposed supplementary rule
                                                                                                       agency to write regulations that are                  public safety. A detailed impact
                                               would allow for enforcement as a tool
                                                                                                       simple and easy to understand. The                    statement under NEPA is not required.
                                               in minimizing the adverse effects of
                                               roped activities within the affected                    BLM invites comments on how to make                   The BLM has placed the EA and the
                                               areas. After it goes into effect, the                   this proposed supplementary rule easier               Finding of No Significant Impact on file
                                               supplementary rule will be available for                to understand, including answers to                   in the BLM Administrative Record at
                                               inspection in the Moab Field Office, and                questions such as the following:                      the address specified in the ADDRESSES
                                                                                                          (1) Are the requirements in the                    section.
                                               it will be announced broadly through
                                                                                                       proposed supplementary rule clearly
                                               the news media and direct mail to the                                                                         Regulatory Flexibility Act
                                                                                                       stated?
                                               constituents included on the Moab Field                                                                          Congress enacted the Regulatory
                                                                                                          (2) Does the proposed supplementary
                                               Office mailing list. It will also be posted                                                                   Flexibility Act (RFA), 5 U.S.C. 601–612,
                                                                                                       rule contain technical language or
                                               on signs at main entry points to the                                                                          to ensure that Government regulations
                                                                                                       jargon that interferes with their clarity?
                                               affected areas.                                            (3) Does the format of the proposed                do not unnecessarily or
                                               III. Discussion of the Proposed                         supplementary rule (grouping and order                disproportionately burden small
                                               Supplementary Rule                                      of sections, use of headings,                         entities. The RFA requires a regulatory
                                                  The Moab Field Office proposes to                    paragraphing, etc.) aid or reduce its                 flexibility analysis if a rule would have
                                               ban roped activities in the vicinity of                 clarity?                                              a significant economic impact, either
                                               Corona Arch and Gemini Bridges. The                        (4) Would the proposed                             detrimental or beneficial, on a
                                               prohibited activities would include, but                supplementary rule be easier to                       substantial number of small entities.
                                               not be limited to, ziplining, highlining,               understand if it was divided into more                The proposed supplementary rule does
                                               slacklining, traditional rock climbing,                 (but shorter) sections?                               not pertain specifically to commercial or
                                                                                                          (5) Is the description of the proposed             governmental entities of any size, but to
                                               sport rock climbing, rappelling, and
                                                                                                       supplementary rule in the                             public recreational use of specific
                                               swinging, using equipment such as
                                                                                                       SUPPLEMENTARY INFORMATION section of                  public lands. Therefore, the BLM has
                                               ropes, cables, climbing aids, webbing, or
                                                                                                       this preamble helpful to your                         determined under the RFA that the
                                               anchors. The proposed supplementary
                                                                                                       understanding of the proposed                         proposed supplementary rule would not
                                               rule would affect 31 acres surrounding
                                                                                                       supplementary rule? How could this                    have a significant economic impact on
                                               Corona Arch and 6.3 acres surrounding
                                                                                                       description be more helpful in making                 a substantial number of small entities.
                                               Gemini Bridges. The proposed
                                                                                                       the proposed supplementary rule easier
                                               supplementary rule is necessary for the                                                                       Small Business Regulatory Enforcement
                                                                                                       to understand?
                                               protection of visitors and for the                                                                            Fairness Act
                                                                                                          Please send any comments you have
                                               protection of the arches.
                                                                                                       on the clarity of the proposed                          This proposed supplementary rule
                                               IV. Procedural Matters                                  supplementary rule to the address                     would not constitute a ‘‘major rule’’ as
                                                                                                       specified in the ADDRESSES section.                   defined at 5 U.S.C. 804(2). This
                                               Executive Order 12866, Regulatory
                                                                                                                                                             proposed supplementary rule merely
                                               Planning and Review                                     National Environmental Policy Act
                                                                                                                                                             contains rules of conduct for
                                                 This proposed supplementary rule is                   (NEPA)
                                                                                                                                                             recreational use of public lands. This
                                               not a significant regulatory action and is                A temporary restriction on roped                    proposed rule would not affect business,
                                               not subject to review by the Office of                  activities was analyzed in                            commercial, or industrial use of public
                                               Management and Budget under                             Environmental Assessment (EA) DOI–                    lands.
                                               Executive Order 12866. This proposed                    BLM–UT–2014–0170–EA, Temporary
                                               supplementary rule would not have an                    Restriction of Roped Activities at                    Unfunded Mandates Reform Act
                                               annual effect of $100 million or more on                Corona Arch and Gemini Bridges. This                     This proposed supplementary rule
                                               the economy. It is not intended to affect               document was subject to a 30-day                      would not pose an unfunded mandate
                                               commercial activity, but imposes a rule                 public comment period; it was signed                  on State, local, or tribal governments of
                                               of conduct on recreational visitors for                 on January 6, 2015. The permanent                     more than $100 million per year; nor
                                               public safety and resource protection                   restriction on roped activities was                   would it have a significant or unique
                                               reasons in a limited area of public lands.              analyzed in Environmental Assessment                  effect on small governments. This
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                                               This supplementary rule would not                       DOI–BLM–UT–2015–0227, Permanent                       proposed supplementary rule does not
                                               adversely affect, in a material way, the                Restriction of Corona Arch and Gemini                 require anything of State, local, or tribal
                                               economy, productivity, competition,                     Bridges to Roped Activities. This                     governments. Therefore, the BLM is not
                                               jobs, the environment, public health or                 document was subject to a 30-day                      required to prepare a statement
                                               safety, or State, local, or tribal                      scoping period and a 30-day public                    containing the information required by
                                               governments or communities. This                        comment period. The Decision Record                   the Unfunded Mandates Reform Act, 2
                                               proposed supplementary rule would not                   was signed on May 5, 2016. The EA                     U.S.C. 1531 et seq.


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                                               75368                  Federal Register / Vol. 81, No. 210 / Monday, October 31, 2016 / Proposed Rules

                                               Executive Order 12630, Governmental                     under the Paperwork Reduction Act, 44                 under 43 U.S.C. 1733(a) and 43 CFR
                                               Actions and Interference With                           U.S.C. 3501 et seq.                                   8360.0–7, or both. In accordance with
                                               Constitutionally Protected Property                                                                           43 CFR 8365.1–7, State or local officials
                                                                                                       Executive Order 13211, Actions
                                               Rights (Takings)                                                                                              may also impose penalties for violations
                                                                                                       Concerning Regulations That
                                                                                                                                                             of Utah law.
                                                 This proposed supplementary rule is                   Significantly Affect Energy Supply,
                                               not a government action capable of                      Distribution, or Use                                  Jenna Whitlock,
                                               interfering with constitutionally                         This proposed supplementary rule                    Bureau of Land Management, Acting State
                                               protected property rights. This proposed                does not comprise a significant energy                Director, Utah.
                                               supplementary rule does not address                     action. This proposed supplementary                   [FR Doc. 2016–26179 Filed 10–28–16; 8:45 am]
                                               property rights in any form, and does                   rule would not have an adverse effect on              BILLING CODE 4310–DQ–P
                                               not cause the impairment of anybody’s                   energy supplies, production, or
                                               property rights. Therefore, the BLM has                 consumption. It only addresses rules of
                                               determined that this proposed                           conduct for recreational use of certain               FEDERAL COMMUNICATIONS
                                               supplementary rule would not cause a                    public lands to protect public safety and             COMMISSION
                                               taking of private property or require                   the environment, and has no connection
                                               further discussion of takings                           with energy policy.                                   47 CFR Parts 1 and 4
                                               implications under this Executive
                                               Order.                                                  Author                                                [GN Docket No. 15–206; Report No. 3052]

                                               Executive Order 13132, Federalism                         The principal author of the proposed                Petitions for Reconsideration and
                                                                                                       supplementary rule is Beth Ransel,                    Clarification of Action in Rulemaking
                                                  This proposed supplementary rule                     Field Manager for the Moab Field                      Proceeding
                                               would not have a substantial direct                     Office, Utah.
                                               effect on the states, on the relationship                 For the reasons stated in the                       AGENCY:  Federal Communications
                                               between the Federal government and                      preamble, and under the authority for                 Commission.
                                               the states, or on the distribution of                   supplementary rules at 43 U.S.C. 1740                 ACTION: Petitions for reconsideration
                                               power and responsibilities among the                    and 43 CFR 8365.1–6, the Utah State                   and clarification.
                                               various levels of government. Therefore,                Director, BLM, proposes to issue this
                                               the BLM has determined that this                        supplementary rule for public lands                   SUMMARY:   Petitions for Reconsideration
                                               proposed supplementary rule does not                    managed by the BLM in Utah, to read                   and Clarification (Petitions) have been
                                               have sufficient Federalism implications                 as follows:                                           filed in the Commission’s rulemaking
                                               to warrant preparation of a Federalism                                                                        proceeding by Andrew D. Lipman, on
                                               assessment.                                             V. Proposed Supplementary Rule                        behalf of Submarine Cable Coalition,
                                                                                                       Definitions                                           and Kent D. Bressie, on behalf of North
                                               Executive Order 12988, Civil Justice
                                                                                                          Roped activities means activities that             American Submarine Cable Association.
                                               Reform
                                                                                                       involve the use of ropes, cables,                     DATES: Oppositions to the Petition must
                                                 Under Executive Order 12988, the                                                                            be filed on or before November 15, 2016.
                                                                                                       climbing aids, webbing, or anchors, and
                                               BLM has determined that this proposed                                                                         Replies to an opposition must be filed
                                                                                                       includes, but is not limited to, ziplining,
                                               supplementary rule would not unduly                                                                           on or before November 25, 2016.
                                                                                                       highlining, slacklining, traditional rock
                                               burden the judicial system and that the
                                                                                                       climbing, sport rock climbing,                        ADDRESSES: Federal Communications
                                               requirements of sections 3(a) and 3(b)(2)
                                                                                                       rappelling, and swinging.                             Commission, 445 12th Street SW.,
                                               of the Order are met. This
                                                                                                                                                             Washington, DC 20554.
                                               supplementary rule contains rules of                    Prohibited Acts
                                               conduct for recreational use of certain                                                                       FOR FURTHER INFORMATION CONTACT:
                                                                                                          1. You must not participate in any                 Peter Shroyer, Public Safety and
                                               public lands to protect public safety and               roped activities on public lands in the
                                               the environment.                                                                                              Homeland Security Bureau, email:
                                                                                                       vicinity of Corona Arch or Gemini                     peter.shroyer@fcc.gov; phone: (202)
                                               Executive Order 13175, Consultation                     Bridges. This prohibition includes, but               418–1575.
                                               and Coordination With Indian Tribal                     is not limited to, the use of ropes,
                                                                                                                                                             SUPPLEMENTARY INFORMATION: This is a
                                               Governments                                             cables, climbing aids, webbing, anchors,
                                                                                                       and similar devices.                                  summary of the Commission’s
                                                  In accordance with Executive Order                                                                         document, Report No. 3052, released
                                               13175, the BLM has found that this                      Exemptions                                            October 12, 2016. The full text of the
                                               proposed supplementary rule does not                      The following persons are exempt                    Petitions is available for viewing and
                                               include policies that have tribal                       from this supplementary rule: Any                     copying at the FCC Reference
                                               implications. This proposed                             Federal, State, local government officer              Information Center, 445 12th Street SW.,
                                               supplementary rule does not affect                      or employee in the scope of their duties;             Room CY–A257, Washington, DC 20554
                                               lands held in trust for the benefit of                  members of any organized law                          or may be accessed online via the
                                               Native American tribes, individual                      enforcement, rescue, or firefighting force            Commission’s Electronic Comment
                                               Indians, Aleuts, or others, nor does it                 in performance of an official duty; and               Filing System at http://apps.fcc.gov/
                                               affect lands for which title is held in fee             any persons, agencies, municipalities or              ecfs/. The Commission will not send a
                                               status by Indian tribes or U.S.                         companies whose activities are                        copy of this Notice pursuant to the
                                               Government-owned lands managed by                                                                             Congressional Review Act, 5 U.S.C.
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                                                                                                       authorized in writing by the BLM.
                                               the Bureau of Indian Affairs.                                                                                 801(a)(1)(A), because this Notice does
                                                                                                       Enforcement                                           not have an impact on any rules of
                                               Paperwork Reduction Act                                   Any person who violates this                        particular applicability.
                                                 This proposed supplementary rule                      supplementary rule may be tried before                   Subject: Improving Outage Reporting
                                               does not contain information collection                 a United States Magistrate and fined in               for Submarine Cables and Enhanced
                                               requirements that the Office of                         accordance with 18 U.S.C. 3571,                       Submarine Cable Outage Data; NORS;
                                               Management and Budget must approve                      imprisoned no more than 12 months                     FCC 16–81, published at 81 FR 52354,


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Document Created: 2018-02-02 12:13:52
Document Modified: 2018-02-02 12:13:52
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed supplementary rule.
DatesComments on the proposed supplementary rule must be received or postmarked by December 30, 2016 to be assured of consideration. Comments received, postmarked or electronically dated after that date will not necessarily be considered in the development of the final supplementary rules.
ContactBeth Ransel, Moab Field Manager, BLM Moab Field Office, 82 E. Dogwood, Moab, UT 84532, or telephone (435) 259-2110. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 800-877- 8339 to leave a message or question with the above individual. The FIRS is available 24 hours a day, 7 days a week. You will receive a reply during normal business hours.
FR Citation81 FR 75366 

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