81_FR_77119 81 FR 76905 - Proposed Supplementary Rules for Fort Ord National Monument, California

81 FR 76905 - Proposed Supplementary Rules for Fort Ord National Monument, California

DEPARTMENT OF THE INTERIOR
Bureau of Land Management

Federal Register Volume 81, Issue 214 (November 4, 2016)

Page Range76905-76908
FR Document2016-26457

The California State Director of the Bureau of Land Management (BLM) is proposing to establish new supplementary rules related to dog management and public safety on public lands at Fort Ord National Monument (FONM), California. Furthermore, these proposed rules would clarify some of the existing restrictions that have been in place on the FONM since 1996. These proposed rules are consistent with the national monument proclamation of 2012 (i.e., Proclamation 8803), and the BLM's 2007 Resource Management Plan.

Federal Register, Volume 81 Issue 214 (Friday, November 4, 2016) 
[Federal Register Volume 81, Number 214 (Friday, November 4, 2016)]
[Proposed Rules]
[Pages 76905-76908]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-26457]



[[Page 76905]]

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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Part 8360

[LLCAC09400 L19200000.NU0000 XXXL1109RM LRORBX619900]


Proposed Supplementary Rules for Fort Ord National Monument, 
California

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of proposed supplementary rules.

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SUMMARY: The California State Director of the Bureau of Land Management 
(BLM) is proposing to establish new supplementary rules related to dog 
management and public safety on public lands at Fort Ord National 
Monument (FONM), California.
    Furthermore, these proposed rules would clarify some of the 
existing restrictions that have been in place on the FONM since 1996. 
These proposed rules are consistent with the national monument 
proclamation of 2012 (i.e., Proclamation 8803), and the BLM's 2007 
Resource Management Plan.

DATES: Interested parties may submit written comments regarding the 
proposed supplementary rules until January 3, 2017.

ADDRESSES: You may submit comments by mail, hand-delivery, or 
electronic mail. Mail: FONM Manager, BLM, Central Coast Field Office, 
940 2nd Avenue, Marina, CA 93933. Electronic mail: 
[email protected].

FOR FURTHER INFORMATION CONTACT: Eric Morgan, FONM Manager, Bureau of 
Land Management, Central Coast Field Office, 940 2nd Avenue, Marina, CA 
93933, at (831) 582-2200, or [email protected]. Persons who use a 
telecommunications device for the deaf may call the Federal Relay 
Service at 1-800-877-8339 to contact the above individual during normal 
business hours. The Service is available 24 hours a day, seven days a 
week, to leave a message or question with the above individual. You 
will receive a reply during normal business hours.

SUPPLEMENTARY INFORMATION:

I. Public Comment Procedures

    You may mail or email comments to the Central Coast 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 940 
2nd Avenue, Marina, CA 93933, during regular business hours (7:30 a.m. 
to 4 p.m., Monday through Friday, excluding 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.

II. Background

    The BLM California State Director is proposing to establish new 
supplementary rules related to dog management and other public safety 
issues for public lands on the FONM in Monterey County, California. 
Furthermore, the State Director is supplementing some of the existing 
land restrictions that have been in place on the monument since 
December 5, 1996 (61 FR 64530), that are consistent with the national 
monument proclamation of 2012 (i.e., Proclamation 8803), and the BLM's 
2007 Resource Management Plan. The proposed supplementary rules are 
necessary to support the mission of the BLM by protecting the natural 
resources and enhancing the health and safety of those using and 
enjoying the public lands.
    These proposed rules would implement restrictions prescribed within 
the FONM Dog Management Plan that was approved on July 5, 2016. The 
plan was analyzed under environmental assessment DOI-BLM-CA-C090-2016-
0021-EA (Fort Ord National Monument Dog Management Plan), and 
associated Decision Record and Finding of No Significant Impact. The 
plan considered various dog management prescriptions across the 
monument within four different planning units. One of the planning 
units, the Inland Range Planning Unit, contains extremely hazardous 
military munitions and public use opportunities are greatly limited.

III. Discussion of Proposed Supplementary Rules

    When the former Fort Ord military installation closed in 1994, the 
Secretary of the Army transferred administration of approximately 7,205 
acres to the BLM via a letter of transfer to the Secretary of Interior 
on October 18, 1996. Those lands are now part of the 14,651 acre FONM 
that was designated by President Obama under Proclamation 8803. The 
Army currently manages approximately 7,446 acres of the FONM and will 
transfer those lands to the BLM for administration following a 
munitions cleanup being performed under the Comprehensive Environmental 
Response, Compensation, and Liability Act.
    The BLM issued a notice of emergency closure and established 
restrictions on use of public lands on the former Fort Ord on December 
5, 1996 (61 FR 64530). Since that time, the BLM has applied those 
restrictions as they pertain to public use, but those restrictions did 
not address management of dogs on these public lands. On September 7, 
2007, the BLM State Director approved a Record of Decision for the 
Southern Diablo Mountain Range and Central Coast of California Resource 
Management Plan (RMP) that directed the BLM's Central Coast Field 
Office to develop a dog management plan for FONM due to conflicts 
between visitors, attacks on livestock, and impacts to wildlife. On 
April 8, 2015, the BLM notified the public of its intent to develop a 
dog management plan and, using the 1996 emergency closure, initiated an 
interim dog leash restriction on public lands at FONM due to increasing 
conflicts between visitors, attacks on livestock, hazards from 
munitions, and impacts to wildlife. The BLM held three public scoping 
workshops (July 28 and 29, 2015, and August 5, 2015) to solicit public 
input on the development of the draft dog management plan. The proposed 
supplementary rules are the logical conclusion of the dog management 
planning process.
    On May 17, 2016, the BLM released the Draft FONM Dog Management 
Plan and associated environmental assessment (DOI-BLM-CA-C090-2016-
0021-EA) for a 30 day comment period. The proposed supplementary rules 
were included with the draft plan and were analyzed within the 
environmental assessment. One comment was made on the proposed 
supplementary rules that

[[Page 76906]]

resulted in a minor editorial change regarding the definition of 
``yield'' as is described in the proposed rule text.
    On July 5, 2016 the BLM approved the Final FONM Dog Management Plan 
and associated environmental assessment (DOI-BLM-CA-C090-2016-0021-EA). 
The proposed supplementary rules (when approved) will supplement some 
of the December 1996 restrictions and April 2015 restrictions under 43 
CFR 8364.1 and 43 CFR 8341.2 and enact new rules that are specified in 
the Final FONM Dog Management Plan. The proposed supplementary rules 
also would implement existing Monterey County ordinances germane to dog 
use under 43 CFR 8365.1-6, 43 U.S.C. 1733(a), 16 U.S.C. 670h(c)(5), and 
43 U.S.C. 315a that were disclosed and analyzed within the approved 
plan.
    The proposed supplementary rules are broken into three categories. 
Proposed supplementary rules numbered 1 through 9 are new and would 
implement new direction from the approved dog management plan. Proposed 
supplementary rules 10 through 15 are not new, but would implement 
previous restrictions that were established in 1996 (see 61 FR 64530) 
and that are consistent with the national monument proclamation of 2012 
(i.e. Proclamation 8803), and the BLM 2007 Resource Management Plan. 
Finally, proposed supplementary rules 16 and 17 are existing Monterey 
County ordinances that the BLM proposes to adopt as supplementary rules 
in order to facilitate cooperation between BLM rangers and local law 
enforcement officials.

IV. Procedural Matters

Regulatory Planning and Review (Executive Orders 12866 and 13563)

    The proposed supplementary rules are not a significant regulatory 
action and are not subject to review by the Office of Management and 
Budget under Executive Orders 12866 and 13563. They would not have an 
effect of $100 million or more on the economy. The proposed 
supplementary rules would not adversely affect in a material way the 
economy, productivity, competition, jobs, the environment, public 
health and safety, or State, local, or tribal governments or 
communities. The proposed supplementary rules would not create a 
serious inconsistency or otherwise interfere with an action taken or 
planned by another agency. The proposed supplementary rules would not 
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. They would merely impose rules of 
conduct and impose other limitations on certain recreational and 
commercial activities on certain public lands to protect natural 
resources and human health and safety.
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 supplementary rules clearly stated?
    (2) Do the supplementary rules contain technical language or jargon 
that interferes with their clarity?
    (3) Does the format of the supplementary rules (grouping and order 
of sections, use of headings, paragraphing, etc.) aid or reduce 
clarity?
    (4) Would the supplementary rules be easier to understand if they 
were divided into more (but shorter) sections?
    (5) Is the description of the supplementary rules in the 
SUPPLEMENTARY INFORMATION section of this preamble helpful in 
understanding the supplementary rules? How could this description be 
more helpful in making the supplementary rules easier to understand?
    Please send any comments you have on the clarity of the rule to the 
addresses specified in the ADDRESSES section.
National Environmental Policy Act
    The BLM has prepared an environmental assessment (EA) that analyzed 
different dog management alternatives on FONM under Section 102(2)(C) 
of the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 
4332(2)(C). On July 5, 2016, the BLM approved the Final FONM Dog 
Management Plan and associated environmental assessment (DOI-BLM-CA-
C090-2016-0021-EA). The proposed supplementary rules are also 
consistent with the Record of Decision for the Southern Diablo Mountain 
Range and Central Coast of California RMP approved in 2007.
Regulatory Flexibility Act
    Congress enacted the Regulatory Flexibility Act (RFA) of 1980, as 
amended, 5 U.S.C. 601-612, to ensure that government regulations do not 
unnecessarily or disproportionately burden small entities. The RFA 
requires a regulatory flexibility analysis if a rule would have a 
significant economic impact, either detrimental or beneficial, on a 
substantial number of small entities. The proposed supplementary rules 
would merely impose reasonable restrictions on certain recreational or 
commercial activities on public lands in order to protect natural 
resources and the environment, and provide for human health and safety. 
Therefore, the BLM has determined under the RFA that the proposed 
supplementary rules would not have a significant economic impact on a 
substantial number of small entities.
Small Business Regulatory Enforcement Fairness Act
    The proposed supplementary rules are not a ``major rule'' as 
defined under 5 U.S.C. 804(2). The proposed supplementary rules would 
merely revise the rules of conduct for public use of limited areas of 
public lands and would not affect commercial or business activities of 
any kind.
Unfunded Mandates Reform Act
    The proposed supplementary rules would not impose an unfunded 
mandate of more than $100 million per year; on State, local, or tribal 
governments in the aggregate; or on the private sector; nor would they 
have a significant or unique effect on small governments. The proposed 
supplementary rules would have no effect on governmental or tribal 
entities and would impose no requirements on any of these entities. The 
proposed supplementary rules would merely revise the rules of conduct 
for public use of limited areas of public lands and would not affect 
tribal, commercial, or business activities of any kind. Therefore, the 
BLM is not required to prepare a statement containing the information 
required by the Unfunded Mandates Reform Act at 2 U.S.C. 1531.
Executive Order 12630, Governmental Actions and Interference With 
Constitutionally Protected Property Rights (Takings)
    The proposed supplementary rules do not represent a government 
action capable of interfering with constitutionally protected property 
rights. Therefore, the BLM has determined that the proposed 
supplementary rules would not cause a taking of private property or 
require further discussion of takings implications under this Executive 
order.
Executive Order 13132, Federalism
    The proposed supplementary rules would not have a substantial 
direct effect on the States, on the relationship between the National 
Government and

[[Page 76907]]

the States, or on the distribution of power and responsibilities among 
the various levels of government. Therefore, in accordance with 
Executive Order 13132, the BLM has determined that the proposed 
supplementary rules would not have sufficient federalism implications 
to warrant preparation of a federalism assessment.
Executive Order 12988, Civil Justice Reform
    Under Executive Order 12988, the BLM has determined that the 
proposed supplementary rules would not unduly burden the judicial 
system, and that they meet the requirements of sections 3(a) and 
3(b)(2) of Executive Order 12988.
Executive Order 13175, Consultation and Coordination With Indian Tribal 
Governments
    In accordance with Executive Order 13175, the BLM has found that 
the proposed supplementary rules do not include policies that would 
have tribal implications. The proposed supplementary rules would merely 
revise the rules of conduct for public use of limited areas of public 
lands.
Executive Order 13352, Facilitation of Cooperative Conservation
    In accordance with Executive Order 13352, the BLM has determined 
that these proposed consolidated 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. The 
rules 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 (Pub. L. 106-554). In accordance with 
the Information Quality Act, the DOI has issued guidance regarding the 
quality of information that it relies on for regulatory decisions. This 
guidance is available on the DOI's Web site at http://www.doi.gov/ocio/information_management/iq.cfm.
Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    Under Executive Order 13211, the BLM has determined that the 
proposed supplementary rules would not comprise a significant energy 
action, and that they would not have an adverse effect on energy 
supplies, production, or consumption.
Paperwork Reduction Act
    The proposed supplementary rules do not directly provide for any 
information collection that the Office of Management and Budget must 
approve under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3521. 
Moreover, any information collection that may result from Federal 
criminal investigations or prosecutions conducted under the proposed 
supplementary rules are exempt from the provisions of 44 U.S.C. 
3518(c)(1).
Author
    The principal author of these proposed supplementary rules is Eric 
Morgan, Monument Manager, Central Coast Field Office, 940 2nd Avenue, 
Marina, CA 93933.
Proposed Supplementary Rules
    For the reasons stated in the preamble and under the authorities 
for supplementary rules found under 43 CFR 8365.1-6, 43 U.S.C. 1733(a), 
16 U.S.C. 670h(c)(5), and 43 U.S.C. 315a, the BLM California State 
Director proposes to issue supplementary rules for public lands managed 
by the BLM within the boundaries of the FONM, to read as follows:
Definitions
    Designated route means any road or trail that the BLM has signed 
and shown on trail maps where public use is authorized.
    Dog means any domestic dog that is not classified as a ``service 
animal.''
    ``Off-leash-opportunity-route'' means a specific road or trail on 
FONM that has been designated by the BLM to allow some opportunities 
for dogs to be off leash under specific circumstances.
    Service animal means a dog that is individually trained to do work 
or perform tasks for people with disabilities as covered under the 
Americans with Disabilities Act.
    Street-legal vehicle means a vehicle, such as an automobile, 
motorcycle, or light truck, that is equipped and licensed for use on a 
public street and/or highway and that is subject to registration under 
the California Vehicle Code 4000(a)(1).
    Unattended dog means any dog that is unaccompanied by an owner and/
or handler whether on tether or otherwise.
    Yield means slowing or stopping forward progress to a point where 
it is possible to safely pass another visitor without injuring, 
startling, or surprising that visitor. For bicycles, the passing speed 
shall be no greater than 10 mph on roads, and 5 mph on single-track 
trails.

Prohibited Acts

    Unless otherwise authorized by the BLM, the following prohibitions 
apply to all BLM-managed public lands on the Fort Ord National Monument 
(FONM):
Proposed Supplementary Rules From the Dog Management Plan
    1. You must not bring a dog into the Inland Range Planning Unit. 
Service animals accompanying a disabled person as accommodated by the 
Americans with Disabilities Act are excluded from this provision.
    2. You must physically restrain, or keep your dog(s) on a leash or 
cord not to exceed 6 feet in length, at all times while you are on a 
road or trail that has not been designated as an ``off-leash-
opportunity-route.''
    3. You and/or your dog must not walk or roam off a designated 
route, including any route designated as an ``off-leash-opportunity 
route.''
    4. You must physically restrain, or keep your dog on a leash or 
cord not to exceed 6 feet in length, on a designated ``off-leash-
opportunity-route'' when you are within 100 feet of another person and/
or dog that is not with your party.
    5. You must not allow your dog to roam over 50 feet away from you 
while on a designated ``off-leash-opportunity-route.''
    6. You must not allow your dog to enter any vernal pool or pond, or 
roam within 20 feet of any such area, unless you and your dog are on a 
route designated for public use.
    7. You must carry a leash for each dog you have with you.
    8. You are prohibited from leaving a dog unattended, even if on 
tether, within a crate, or within an unoccupied motor vehicle.
    9. Visitors must yield the path, on both roads and trails, to other 
visitors in the following manner: Bicycles must yield to pedestrians 
and equestrians; and pedestrians must yield to equestrians. For 
bicycles, the passing speed shall be no greater than 10 mph on roads, 
and 5 mph on single-track trails.

[[Page 76908]]

Proposed Supplementary Rules That Clarify Existing Restrictions 
Established in 1996 and Direction From the 2007 Record of Decision
    10. Motorized vehicles and other motorized devices, including 
electronic bicycles, are prohibited on all roads and trails excluding 
Creekside Terrace Road and Badger Hills Driveway. Motorized vehicle use 
on these two roadways is restricted to highway licensed street-legal 
vehicles.
    11. Use and/or occupancy of all lands within the FONM, including 
leaving personal property unattended, is prohibited between \1/2\ hour 
after sunset and \1/2\ hour before sunrise.
    12. All use (including pet use) is restricted to designated routes 
and trails. Open routes and trails are indicated on BLM maps and signed 
with route or trail markers. Any unsigned route which does not appear 
on the most current BLM map is closed to all uses.
    13. Campfires and other open flame fires are prohibited.
    14. Possession or discharge of fireworks, including ``safe and 
sane'' fireworks, is prohibited.
    15. Wood cutting and the collection of downed wood are prohibited.
Proposed FONM Supplementary Rules That Are Currently Monterey County 
Ordinances
    16. It shall be unlawful for the owner or person having custody of 
any dog, either willfully or through failure to exercise due care or 
control, to allow said dog to defecate and to allow the feces 
thereafter to remain on FONM other than within trash receptacles 
provided for such purposes. This includes bagged feces--Reference 
Monterey County ordinance, 8.36.030.
    17. All dogs under four months of age shall be kept under physical 
restraint by the owner, keeper, or harborer when on FONM--Reference 
Monterey County ordinance, 8.20.020.
    18. Dogs on FONM shall wear a license tag with or without a chip 
implant at all times. The tag shall be attached at all times to a 
collar, harness, or other suitable device upon the dog for which the 
license tag was issued--Reference Monterey County ordinance, 8.08.040.
Exemptions
    The following persons are exempt from these supplementary rules: 
Any Federal, State, or local officer or employee in the scope of their 
duties; members of any organized law enforcement, rescue, or fire-
fighting force in performance of an official duty; and any person whose 
activities are authorized in writing by the BLM.
Enforcement
    Any person who violates any of these supplementary rules may be 
tried before a United States Magistrate and fined in accordance with 18 
U.S.C. 3571, imprisoned no more than 12 months under 43 U.S.C. 1733(a) 
and 43 CFR 8360.0-7, or both.
    In accordance with 43 CFR 8365.1-7, State or local officials may 
also impose penalties for violations of California law.

Jerome E. Perez,
State Director, California.
[FR Doc. 2016-26457 Filed 11-3-16; 8:45 am]
BILLING CODE 4310-40-P

Federal Register / Vol. 81, No. 214 / Friday, November 4, 2016 / Proposed Rules 76905 DEPARTMENT OF THE INTERIOR reason for any recommended change. units, the Inland Range Planning Unit, Where possible, comments should contains extremely hazardous military Bureau of Land Management reference the specific section or munitions and public use opportunities paragraph of the proposal that the are greatly limited. 43 CFR Part 8360 commenter is addressing. The BLM is III. Discussion of Proposed [LLCAC09400 L19200000.NU0000 not obligated to consider or include, in Supplementary Rules XXXL1109RM LRORBX619900] the Administrative Record for the final supplementary rules, comments When the former Fort Ord military Proposed Supplementary Rules for delivered to an address other than those installation closed in 1994, the Fort Ord National Monument, listed above (See ADDRESSES) or Secretary of the Army transferred California comments that the BLM receives after administration of approximately 7,205 the close of the comment period (See acres to the BLM via a letter of transfer AGENCY: Bureau of Land Management, DATES), unless they are postmarked or to the Secretary of Interior on October Interior. electronically dated before the deadline. 18, 1996. Those lands are now part of ACTION: Notice of proposed Comments, including names, street the 14,651 acre FONM that was supplementary rules. addresses, and other contact designated by President Obama under information for respondents, will be Proclamation 8803. The Army currently SUMMARY: The California State Director available for public review at 940 2nd manages approximately 7,446 acres of of the Bureau of Land Management Avenue, Marina, CA 93933, during the FONM and will transfer those lands (BLM) is proposing to establish new regular business hours (7:30 a.m. to 4 to the BLM for administration following supplementary rules related to dog p.m., Monday through Friday, excluding a munitions cleanup being performed management and public safety on public Federal holidays). Before including your under the Comprehensive lands at Fort Ord National Monument address, phone number, email address, Environmental Response, (FONM), California. or other personal identifying Compensation, and Liability Act. Furthermore, these proposed rules information in your comment, you The BLM issued a notice of would clarify some of the existing should be aware that your comment— emergency closure and established restrictions that have been in place on including your personal identifying restrictions on use of public lands on the FONM since 1996. These proposed information—may be made publicly the former Fort Ord on December 5, rules are consistent with the national available at any time. While you can ask 1996 (61 FR 64530). Since that time, the monument proclamation of 2012 (i.e., us in your comment to withhold your BLM has applied those restrictions as Proclamation 8803), and the BLM’s 2007 personal identifying information from they pertain to public use, but those Resource Management Plan. public review, we cannot guarantee that restrictions did not address management DATES: Interested parties may submit we will be able to do so. of dogs on these public lands. On written comments regarding the September 7, 2007, the BLM State II. Background Director approved a Record of Decision proposed supplementary rules until January 3, 2017. The BLM California State Director is for the Southern Diablo Mountain Range ADDRESSES: You may submit comments proposing to establish new and Central Coast of California Resource by mail, hand-delivery, or electronic supplementary rules related to dog Management Plan (RMP) that directed mail. Mail: FONM Manager, BLM, management and other public safety the BLM’s Central Coast Field Office to Central Coast Field Office, 940 2nd issues for public lands on the FONM in develop a dog management plan for Avenue, Marina, CA 93933. Electronic Monterey County, California. FONM due to conflicts between visitors, mail: blm_ca_fonm_dog_mgt_plan@ Furthermore, the State Director is attacks on livestock, and impacts to supplementing some of the existing land wildlife. On April 8, 2015, the BLM blm.gov. restrictions that have been in place on notified the public of its intent to FOR FURTHER INFORMATION CONTACT: Eric the monument since December 5, 1996 develop a dog management plan and, Morgan, FONM Manager, Bureau of (61 FR 64530), that are consistent with using the 1996 emergency closure, Land Management, Central Coast Field the national monument proclamation of initiated an interim dog leash restriction Office, 940 2nd Avenue, Marina, CA 2012 (i.e., Proclamation 8803), and the on public lands at FONM due to 93933, at (831) 582–2200, or emorgan@ BLM’s 2007 Resource Management Plan. increasing conflicts between visitors, blm.gov. Persons who use a The proposed supplementary rules are attacks on livestock, hazards from telecommunications device for the deaf necessary to support the mission of the munitions, and impacts to wildlife. The may call the Federal Relay Service at 1– BLM by protecting the natural resources BLM held three public scoping 800–877–8339 to contact the above and enhancing the health and safety of workshops (July 28 and 29, 2015, and individual during normal business those using and enjoying the public August 5, 2015) to solicit public input hours. The Service is available 24 hours lands. on the development of the draft dog a day, seven days a week, to leave a These proposed rules would management plan. The proposed message or question with the above implement restrictions prescribed supplementary rules are the logical individual. You will receive a reply within the FONM Dog Management conclusion of the dog management during normal business hours. Plan that was approved on July 5, 2016. planning process. SUPPLEMENTARY INFORMATION: The plan was analyzed under On May 17, 2016, the BLM released environmental assessment DOI–BLM– the Draft FONM Dog Management Plan rmajette on DSK2TPTVN1PROD with PROPOSALS I. Public Comment Procedures CA–C090–2016–0021–EA (Fort Ord and associated environmental You may mail or email comments to National Monument Dog Management assessment (DOI–BLM–CA–C090–2016– the Central Coast Field Office, at the Plan), and associated Decision Record 0021–EA) for a 30 day comment period. addresses listed above (See ADDRESSES). and Finding of No Significant Impact. The proposed supplementary rules were Written comments on the proposed The plan considered various dog included with the draft plan and were supplementary rules should be specific management prescriptions across the analyzed within the environmental and confined to issues pertinent to the monument within four different assessment. One comment was made on proposed rules, and should explain the planning units. One of the planning the proposed supplementary rules that VerDate Sep<11>2014 11:53 Nov 03, 2016 Jkt 241001 PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 E:\FR\FM\04NOP1.SGM 04NOP1

76906 Federal Register / Vol. 81, No. 214 / Friday, November 4, 2016 / Proposed Rules resulted in a minor editorial change legal or policy issues. They would impact, either detrimental or beneficial, regarding the definition of ‘‘yield’’ as is merely impose rules of conduct and on a substantial number of small described in the proposed rule text. impose other limitations on certain entities. The proposed supplementary On July 5, 2016 the BLM approved the recreational and commercial activities rules would merely impose reasonable Final FONM Dog Management Plan and on certain public lands to protect restrictions on certain recreational or associated environmental assessment natural resources and human health and commercial activities on public lands in (DOI–BLM–CA–C090–2016–0021–EA). safety. order to protect natural resources and The proposed supplementary rules the environment, and provide for (when approved) will supplement some Clarity of the Supplementary Rules human health and safety. Therefore, the of the December 1996 restrictions and Executive Order 12866 requires each BLM has determined under the RFA April 2015 restrictions under 43 CFR agency to write regulations that are that the proposed supplementary rules 8364.1 and 43 CFR 8341.2 and enact simple and easy to understand. The would not have a significant economic new rules that are specified in the Final BLM invites your comments on how to impact on a substantial number of small FONM Dog Management Plan. The make these proposed supplementary entities. proposed supplementary rules also rules easier to understand, including answers to questions such as the Small Business Regulatory Enforcement would implement existing Monterey following: Fairness Act County ordinances germane to dog use under 43 CFR 8365.1–6, 43 U.S.C. (1) Are the requirements in the The proposed supplementary rules 1733(a), 16 U.S.C. 670h(c)(5), and 43 supplementary rules clearly stated? are not a ‘‘major rule’’ as defined under U.S.C. 315a that were disclosed and (2) Do the supplementary rules 5 U.S.C. 804(2). The proposed analyzed within the approved plan. contain technical language or jargon that supplementary rules would merely The proposed supplementary rules interferes with their clarity? revise the rules of conduct for public are broken into three categories. (3) Does the format of the use of limited areas of public lands and Proposed supplementary rules supplementary rules (grouping and would not affect commercial or business numbered 1 through 9 are new and order of sections, use of headings, activities of any kind. would implement new direction from paragraphing, etc.) aid or reduce clarity? (4) Would the supplementary rules be Unfunded Mandates Reform Act the approved dog management plan. Proposed supplementary rules 10 easier to understand if they were The proposed supplementary rules through 15 are not new, but would divided into more (but shorter) sections? would not impose an unfunded implement previous restrictions that (5) Is the description of the mandate of more than $100 million per were established in 1996 (see 61 FR supplementary rules in the year; on State, local, or tribal 64530) and that are consistent with the SUPPLEMENTARY INFORMATION section of governments in the aggregate; or on the national monument proclamation of this preamble helpful in understanding private sector; nor would they have a 2012 (i.e. Proclamation 8803), and the the supplementary rules? How could significant or unique effect on small BLM 2007 Resource Management Plan. this description be more helpful in governments. The proposed Finally, proposed supplementary rules making the supplementary rules easier supplementary rules would have no 16 and 17 are existing Monterey County to understand? effect on governmental or tribal entities ordinances that the BLM proposes to Please send any comments you have and would impose no requirements on adopt as supplementary rules in order to on the clarity of the rule to the any of these entities. The proposed facilitate cooperation between BLM addresses specified in the ADDRESSES supplementary rules would merely rangers and local law enforcement section. revise the rules of conduct for public officials. National Environmental Policy Act use of limited areas of public lands and would not affect tribal, commercial, or IV. Procedural Matters The BLM has prepared an business activities of any kind. environmental assessment (EA) that Therefore, the BLM is not required to Regulatory Planning and Review analyzed different dog management prepare a statement containing the (Executive Orders 12866 and 13563) alternatives on FONM under Section information required by the Unfunded The proposed supplementary rules 102(2)(C) of the National Environmental Mandates Reform Act at 2 U.S.C. 1531. are not a significant regulatory action Policy Act of 1969 (NEPA), 42 U.S.C. and are not subject to review by the 4332(2)(C). On July 5, 2016, the BLM Executive Order 12630, Governmental Office of Management and Budget under approved the Final FONM Dog Actions and Interference With Executive Orders 12866 and 13563. Management Plan and associated Constitutionally Protected Property They would not have an effect of $100 environmental assessment (DOI–BLM– Rights (Takings) million or more on the economy. The CA–C090–2016–0021–EA). The The proposed supplementary rules do proposed supplementary rules would proposed supplementary rules are also not represent a government action not adversely affect in a material way consistent with the Record of Decision capable of interfering with the economy, productivity, competition, for the Southern Diablo Mountain Range constitutionally protected property jobs, the environment, public health and and Central Coast of California RMP rights. Therefore, the BLM has safety, or State, local, or tribal approved in 2007. determined that the proposed governments or communities. The supplementary rules would not cause a proposed supplementary rules would Regulatory Flexibility Act taking of private property or require rmajette on DSK2TPTVN1PROD with PROPOSALS not create a serious inconsistency or Congress enacted the Regulatory further discussion of takings otherwise interfere with an action taken Flexibility Act (RFA) of 1980, as implications under this Executive order. or planned by another agency. The amended, 5 U.S.C. 601–612, to ensure proposed supplementary rules would that government regulations do not Executive Order 13132, Federalism not alter the budgetary effects of unnecessarily or disproportionately The proposed supplementary rules entitlements, grants, user fees or loan burden small entities. The RFA requires would not have a substantial direct programs, or the rights or obligations of a regulatory flexibility analysis if a rule effect on the States, on the relationship their recipients, nor do they raise novel would have a significant economic between the National Government and VerDate Sep<11>2014 11:53 Nov 03, 2016 Jkt 241001 PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 E:\FR\FM\04NOP1.SGM 04NOP1

Federal Register / Vol. 81, No. 214 / Friday, November 4, 2016 / Proposed Rules 76907 the States, or on the distribution of Executive Order 13211, Actions Unattended dog means any dog that is power and responsibilities among the Concerning Regulations That unaccompanied by an owner and/or various levels of government. Therefore, Significantly Affect Energy Supply, handler whether on tether or otherwise. in accordance with Executive Order Distribution, or Use Yield means slowing or stopping 13132, the BLM has determined that the Under Executive Order 13211, the forward progress to a point where it is proposed supplementary rules would BLM has determined that the proposed possible to safely pass another visitor not have sufficient federalism supplementary rules would not without injuring, startling, or surprising implications to warrant preparation of a comprise a significant energy action, that visitor. For bicycles, the passing federalism assessment. and that they would not have an adverse speed shall be no greater than 10 mph effect on energy supplies, production, or on roads, and 5 mph on single-track Executive Order 12988, Civil Justice consumption. trails. Reform Paperwork Reduction Act Prohibited Acts Under Executive Order 12988, the The proposed supplementary rules do Unless otherwise authorized by the BLM has determined that the proposed not directly provide for any information supplementary rules would not unduly BLM, the following prohibitions apply collection that the Office of to all BLM-managed public lands on the burden the judicial system, and that Management and Budget must approve Fort Ord National Monument (FONM): they meet the requirements of sections under the Paperwork Reduction Act of 3(a) and 3(b)(2) of Executive Order 1995, 44 U.S.C. 3501–3521. Moreover, Proposed Supplementary Rules From 12988. any information collection that may the Dog Management Plan Executive Order 13175, Consultation result from Federal criminal 1. You must not bring a dog into the and Coordination With Indian Tribal investigations or prosecutions Inland Range Planning Unit. Service Governments conducted under the proposed animals accompanying a disabled supplementary rules are exempt from person as accommodated by the In accordance with Executive Order the provisions of 44 U.S.C. 3518(c)(1). Americans with Disabilities Act are 13175, the BLM has found that the Author excluded from this provision. proposed supplementary rules do not 2. You must physically restrain, or The principal author of these include policies that would have tribal keep your dog(s) on a leash or cord not proposed supplementary rules is Eric implications. The proposed to exceed 6 feet in length, at all times Morgan, Monument Manager, Central supplementary rules would merely while you are on a road or trail that has Coast Field Office, 940 2nd Avenue, revise the rules of conduct for public Marina, CA 93933. not been designated as an ‘‘off-leash- use of limited areas of public lands. opportunity-route.’’ Proposed Supplementary Rules Executive Order 13352, Facilitation of 3. You and/or your dog must not walk For the reasons stated in the preamble or roam off a designated route, Cooperative Conservation and under the authorities for including any route designated as an In accordance with Executive Order supplementary rules found under 43 ‘‘off-leash-opportunity route.’’ 13352, the BLM has determined that CFR 8365.1–6, 43 U.S.C. 1733(a), 16 4. You must physically restrain, or these proposed consolidated U.S.C. 670h(c)(5), and 43 U.S.C. 315a, keep your dog on a leash or cord not to supplementary rules would not impede the BLM California State Director exceed 6 feet in length, on a designated facilitating cooperative conservation; proposes to issue supplementary rules ‘‘off-leash-opportunity-route’’ when you would take appropriate account of and for public lands managed by the BLM are within 100 feet of another person consider the interests of persons with within the boundaries of the FONM, to and/or dog that is not with your party. read as follows: ownership or other legally recognized 5. You must not allow your dog to interests in land or other natural Definitions roam over 50 feet away from you while resources. The rules would properly Designated route means any road or on a designated ‘‘off-leash-opportunity- accommodate local participation in the trail that the BLM has signed and shown route.’’ Federal decision-making process, and on trail maps where public use is 6. You must not allow your dog to would provide that the programs, authorized. enter any vernal pool or pond, or roam projects, and activities are consistent Dog means any domestic dog that is within 20 feet of any such area, unless with protecting public health and safety. not classified as a ‘‘service animal.’’ you and your dog are on a route ‘‘Off-leash-opportunity-route’’ means designated for public use. Information Quality Act a specific road or trail on FONM that 7. You must carry a leash for each dog In developing these proposed has been designated by the BLM to you have with you. supplementary rules, the BLM did not allow some opportunities for dogs to be off leash under specific circumstances. 8. You are prohibited from leaving a conduct or use a study, experiment, or Service animal means a dog that is dog unattended, even if on tether, survey requiring peer review under the individually trained to do work or within a crate, or within an unoccupied Information Quality Act (Pub. L. 106– perform tasks for people with motor vehicle. 554). In accordance with the disabilities as covered under the 9. Visitors must yield the path, on rmajette on DSK2TPTVN1PROD with PROPOSALS Information Quality Act, the DOI has Americans with Disabilities Act. both roads and trails, to other visitors in issued guidance regarding the quality of Street-legal vehicle means a vehicle, the following manner: Bicycles must information that it relies on for such as an automobile, motorcycle, or yield to pedestrians and equestrians; regulatory decisions. This guidance is light truck, that is equipped and and pedestrians must yield to available on the DOI’s Web site at http:// licensed for use on a public street and/ equestrians. For bicycles, the passing www.doi.gov/ocio/information_ or highway and that is subject to speed shall be no greater than 10 mph management/iq.cfm. registration under the California Vehicle on roads, and 5 mph on single-track Code 4000(a)(1). trails. VerDate Sep<11>2014 11:53 Nov 03, 2016 Jkt 241001 PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 E:\FR\FM\04NOP1.SGM 04NOP1

76908 Federal Register / Vol. 81, No. 214 / Friday, November 4, 2016 / Proposed Rules Proposed Supplementary Rules That and any person whose activities are Gulf using the best scientific Clarify Existing Restrictions Established authorized in writing by the BLM. information available. in 1996 and Direction From the 2007 DATES: Written comments must be Enforcement Record of Decision received by January 3, 2017. Any person who violates any of these ADDRESSES: You may submit comments 10. Motorized vehicles and other supplementary rules may be tried before on Amendment 43 identified by motorized devices, including electronic a United States Magistrate and fined in ‘‘NOAA–NMFS–2016–0126’’ by either bicycles, are prohibited on all roads and accordance with 18 U.S.C. 3571, of the following methods: trails excluding Creekside Terrace Road imprisoned no more than 12 months • Electronic Submission: Submit all and Badger Hills Driveway. Motorized under 43 U.S.C. 1733(a) and 43 CFR electronic public comments via the vehicle use on these two roadways is 8360.0–7, or both. Federal e-Rulemaking Portal. Go to restricted to highway licensed street- In accordance with 43 CFR 8365.1–7, www.regulations.gov/ legal vehicles. State or local officials may also impose #!docketDetail;D=NOAA-NMFS-2016- 11. Use and/or occupancy of all lands penalties for violations of California 0126, click the ‘‘Comment Now!’’ icon, within the FONM, including leaving law. complete the required fields, and enter personal property unattended, is prohibited between 1⁄2 hour after sunset Jerome E. Perez, or attach your comments. and 1⁄2 hour before sunrise. State Director, California. • Mail: Submit all written comments 12. All use (including pet use) is to Peter Hood, NMFS Southeast [FR Doc. 2016–26457 Filed 11–3–16; 8:45 am] restricted to designated routes and Regional Office, 263 13th Avenue BILLING CODE 4310–40–P trails. Open routes and trails are South, St. Petersburg, FL 33701. indicated on BLM maps and signed with Instructions: Comments sent by any route or trail markers. Any unsigned other method, to any other address or route which does not appear on the DEPARTMENT OF COMMERCE individual, or received after the end of most current BLM map is closed to all the comment period, may not be uses. National Oceanic and Atmospheric considered by NMFS. All comments 13. Campfires and other open flame Administration received are a part of the public record fires are prohibited. and will generally be posted for public 14. Possession or discharge of 50 CFR Part 622 viewing on www.regulations.gov fireworks, including ‘‘safe and sane’’ without change. All personal identifying RIN 0648–BG18 information (e.g., name, address, etc.), fireworks, is prohibited. 15. Wood cutting and the collection of confidential business information, or Fisheries of the Caribbean, Gulf of otherwise sensitive information downed wood are prohibited. Mexico, and South Atlantic; Reef Fish submitted voluntarily by the sender will Proposed FONM Supplementary Rules Fishery of the Gulf of Mexico; be publicly accessible. NMFS will That Are Currently Monterey County Amendment 43 accept anonymous comments (enter ‘‘N/ Ordinances AGENCY: National Marine Fisheries A’’ in the required fields if you wish to 16. It shall be unlawful for the owner Service (NMFS), National Oceanic and remain anonymous). or person having custody of any dog, Atmospheric Administration (NOAA), Electronic copies of Amendment 43, either willfully or through failure to Commerce. which includes an environmental exercise due care or control, to allow assessment, a fishery impact statement, ACTION: Notice of availability; request said dog to defecate and to allow the a Regulatory Flexibility Act analysis, for comments. feces thereafter to remain on FONM and a regulatory impact review, may be other than within trash receptacles SUMMARY: The Gulf of Mexico (Gulf) obtained from www.regulations.gov or provided for such purposes. This Fishery Management Council (Gulf the Southeast Regional Office Web site includes bagged feces—Reference Council) has submitted Amendment 43 at http://sero.nmfs.noaa.gov/ Monterey County ordinance, 8.36.030. to the Fishery Management Plan for the sustainable_fisheries/gulf_fisheries/ 17. All dogs under four months of age Reef Fish Resources of the Gulf of reef_fish/2016/am43/index.html. shall be kept under physical restraint by Mexico (FMP) for review, approval, and FOR FURTHER INFORMATION CONTACT: the owner, keeper, or harborer when on implementation by NMFS. If approved Peter Hood, NMFS Southeast Regional FONM—Reference Monterey County by the Secretary of Commerce Office, telephone: 727–824–5305, email: ordinance, 8.20.020. (Secretary), Amendment 43 would peter.hood@noaa.gov. 18. Dogs on FONM shall wear a revise the hogfish fishery management SUPPLEMENTARY INFORMATION: The license tag with or without a chip unit (FMU) to be the West Florida stock Magnuson-Stevens Fishery implant at all times. The tag shall be and define the geographic range of this Conservation and Management Act attached at all times to a collar, harness, stock consistent with the South Atlantic (Magnuson-Stevens Act) requires each or other suitable device upon the dog for Fishery Management Council’s (South regional fishery management council to which the license tag was issued— Atlantic Council) proposed boundary submit any FMP or amendment to Reference Monterey County ordinance, between the Florida Keys/East Florida NMFS for review and approval, partial 8.08.040. and West Florida stocks, set the status approval, or disapproval. The determination criteria (SDC) and annual Magnuson-Stevens Act also requires Exemptions rmajette on DSK2TPTVN1PROD with PROPOSALS catch limits (ACLs) for the West Florida that NMFS, upon receiving an FMP or The following persons are exempt stock, increase the minimum size limit amendment, publish an announcement from these supplementary rules: Any for the West Florida stock, and remove in the Federal Register notifying the Federal, State, or local officer or the powerhead exception for harvest of public that the FMP or amendment is employee in the scope of their duties; hogfish in the Gulf reef fish stressed available for review and comment. members of any organized law area. The purpose of Amendment 43 is The FMP being revised by enforcement, rescue, or fire-fighting to establish management measures for Amendment 43 was prepared by the force in performance of an official duty; the West Florida hogfish stock in the Gulf Council and, if approved, would be VerDate Sep<11>2014 11:53 Nov 03, 2016 Jkt 241001 PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 E:\FR\FM\04NOP1.SGM 04NOP1


Document Created: 2018-02-14 08:26:07
Document Modified: 2018-02-14 08:26:07
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
ActionNotice of proposed supplementary rules.
DatesInterested parties may submit written comments regarding the proposed supplementary rules until January 3, 2017.
ContactEric Morgan, FONM Manager, Bureau of Land Management, Central Coast Field Office, 940 2nd Avenue, Marina, CA 93933, at (831) 582-2200, or [email protected] Persons who use a telecommunications device for the deaf may call the Federal Relay Service at 1-800-877-8339 to contact the above individual during normal business hours. The Service is available 24 hours a day, seven days a week, to leave a message or question with the above individual. You will receive a reply during normal business hours.
FR Citation81 FR 76905 
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