82_FR_31396 82 FR 31268 - Notice of Final Supplementary Rule for Public Lands in the Moab Field Office in Grand County, Utah

82 FR 31268 - Notice of Final Supplementary Rule for Public Lands in the Moab Field Office in Grand County, Utah

DEPARTMENT OF THE INTERIOR
Bureau of Land Management

Federal Register Volume 82, Issue 128 (July 6, 2017)

Page Range31268-31270
FR Document2017-13891

The Bureau of Land Management (BLM) is finalizing a supplementary rule addressing recreation on public lands in the vicinity of Corona Arch and Gemini Bridges in Grand County, Utah. The supplementary rule prohibits 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, zip-lining, high- lining, slacklining, traditional rock climbing, sport rock climbing, rappelling, and swinging.

Federal Register, Volume 82 Issue 128 (Thursday, July 6, 2017)
[Federal Register Volume 82, Number 128 (Thursday, July 6, 2017)]
[Rules and Regulations]
[Pages 31268-31270]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-13891]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Part 8360

[17XL 1109AF LLUTY0100 L12200000.EA0000 24-1A]


Notice of Final Supplementary Rule for Public Lands in the Moab 
Field Office in Grand County, Utah

AGENCY: Bureau of Land Management, Interior.

ACTION: Notification of final supplementary rule.

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

SUMMARY: The Bureau of Land Management (BLM) is finalizing a 
supplementary rule addressing recreation on public lands in the 
vicinity of Corona Arch and Gemini Bridges in Grand County, Utah. The 
supplementary rule prohibits 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, zip-lining, high-
lining, slacklining, traditional rock climbing, sport rock climbing, 
rappelling, and swinging.

DATES: The supplementary rule is in effect August 7, 2017.

ADDRESSES: You may direct inquiries by letter to Christina Price, Field 
Office Manager, Bureau of Land Management, Moab Field Office, 82 East 
Dogwood Avenue, Moab, UT 84532, or by email to [email protected]. 
The final supplementary rule is available for inspection at the Moab 
Field Office and on the Web site: https://www.blm.gov/media/federal-register.

FOR FURTHER INFORMATION CONTACT: Christina Price, Field Manager, 82 
East Dogwood Avenue, Moab, UT 84532, 435-259-2100, or 
[email protected]. Persons who use a telecommunications device for 
the deaf (TDD) may call the Federal Relay Service (FRS) at 1-800-877-
8339 to leave a message or question with the above individual. The 
service is available 24 hours a day, 7 days a week. You will receive a 
reply during normal business hours.

SUPPLEMENTARY INFORMATION:

I. Background

    The BLM is establishing a final supplementary rule under the 
authority of 43 CFR 8365.1-6, which allows State Directors to establish 
supplementary rules for the protection of persons, property, and the 
public lands and resources. This provision allows the BLM to issue 
rules of less than national effect without codifying the rules in the 
Code of Federal Regulations. This final supplementary rule applies to 
37 acres of public lands managed by the Moab Field Office. Maps of the 
management area and boundaries can be obtained by contacting the Moab 
Field Office or by accessing the BLM's ePlanning project page (http://go.usa.gov/xkHY8). The final supplementary rule will be available for 
review at the Moab Field Office.
    In 2015, the BLM published a temporary restriction on rope swinging 
at Corona Arch and Gemini Bridges. In 2016, the BLM sought a permanent 
restriction on rope swinging at the same two locations. Through the 
National Environmental Policy Act (NEPA) process, the BLM identified 
the need to establish a supplementary rule to provide for visitor 
enjoyment and protect public land resources at these two locations. 
Corona Arch and Gemini Bridges are two of the most popular recreational 
destinations 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.
    Approximately 40,000 visitors per year come to the Corona Arch, and 
the Gemini Bridges receives 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 from below. In addition, the rock 
arches may be damaged by ropes ``sawing'' on the rock spans. The 
supplementary rule currently in effect in the Moab Field Office (81 FR 
9498, Feb. 25, 2016) does not address roped activities on the affected 
arches, although the temporary restriction (80 FR 27703, May 14, 2015) 
is in effect until May 2017.
    The legal descriptions of the affected public lands are:

Salt Lake Meridian

T. 25 S., R. 20 E., sec. 34, NW\1/4\ SW\1/4\, that part surrounding 
Gemini Bridges.
T. 25 S., R. 21 E., sec. 32, SE\1/4\ SE\1/4\, that part surrounding 
Corona Arch.
T. 26 S., R. 21 E., sec. 5, NE\1/4\, that part surrounding Corona 
Arch.
    The areas described aggregate to 37.3 acres.

    This final supplementary rule allows for enforcement as a tool to 
minimize the adverse effects of roped activities within the affected 
areas. After the final supplementary rule goes into effect, it will be 
available for review in the Moab Field Office, and will be announced 
broadly through the news media and

[[Page 31269]]

direct mail to the constituents included on the Moab Field Office 
mailing list. The rule will also be posted on signs at main entry 
points to the affected areas.

II. Discussion of Public Comments

    The BLM published the proposed supplementary rule on October 31, 
2016 (81 FR 75366). Thirty comment letters were received during the 90-
day public comment period. Twenty-four of the commenters expressed 
support for the supplementary rule; six commenters opposed the 
supplementary rule. No changes to the final rule were made as a result 
of the comments received.
    Support for the final supplementary rule banning roped activities 
near Corona Arch and Gemini Bridges focused upon allowing hikers to 
enjoy the arches unfettered by swinging activities. Commenters in favor 
of the rule noted the temporary restriction had allowed them to once 
again enjoy these hikes; they favored making the temporary restriction 
permanent. Commenters in favor also noted the vast majority of users of 
the arches (approximately 99.8%) visit the arches for their serenity 
and beauty.
    The six commenters expressing opposition to the rule cited a need 
for less regulation of recreational activities. These commenters noted 
that hikers could go elsewhere. The BLM has not revised the rule in 
response to these comments. A permanent prohibition against roped 
activities is in conformance with the 2008 Moab Resource Management 
Plan (RMP). See https://eplanning.blm.gov/epl-front-office/eplanning/planAndProjectSite.do?methodName=dispatchToPatternPage¤tPageId=94940.
    The Corona Arch area is within the Goldbar Hiking Focus Area, which 
is specifically managed to enhance hiking opportunities. Decision REC-
39 (page 90) states: ``Manage the Corona Arch Trail for hiking only.'' 
Gemini Bridges is within the Gemini Bridges/Poison Spider Mesa Focus 
area. Decision REC-39 states: ``close the spur route to Gemini Bridges 
to facilitate public use and help restore damaged lands along the spur 
route.'' The RMP further authorized the creation of a hiking route to 
Gemini Bridges to facilitate public use. In an effort to eliminate 
recreational use conflicts on these iconic and high use hiking trails, 
the BLM has chosen to finalize the supplementary rule.

III. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    This 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 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 supplementary rule 
would not create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency. This 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.
National Environmental Policy Act
    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, and the Finding 
of No Significant Impact (FONSI) and Decision Record were signed on 
January 6, 2015. The permanent restriction on roped activities was 
analyzed in EA 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 providing for the permanent restriction was signed on 
May 5, 2016. Based on the EA which analyzed the permanent restriction, 
the BLM found that this 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). This supplementary 
rule merely regulates conduct on 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 EAs, the Decision Records, and 
the Findings of No Significant Impact on file in the BLM Administrative 
Record at the address specified in the ADDRESSES section.
Regulatory Flexibility Act
    This final supplementary rule will not have a significant economic 
effect on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.). 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 
supplementary rule does not pertain specifically to commercial or 
governmental entities of any size, but to public recreational use of 
specific public lands.
Small Business Regulatory Enforcement Fairness Act
    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This rule:
    (a) Does not have an annual effect on the economy of $100 million 
or more.
    (b) Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions.
    (c) Does not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S.-based enterprises to compete with foreign-based enterprises
Unfunded Mandates Reform Act
    This supplementary rule does not impose an unfunded mandate on 
State, local, or tribal governments of more than $100 million per year; 
nor does it have a significant or unique effect on State, local, or 
tribal governments or the private sector. This supplementary rule does 
not require anything of State, local, or tribal governments. A 
statement containing the information required by the Unfunded Mandates 
Reform Act, 2 U.S.C. 1531 et seq., is not required.
Executive Order 12630, Governmental Actions and Interference With 
Constitutionally Protected Property Rights (Takings)
    This rule does not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630. This 
supplementary rule is not a government action capable of interfering 
with constitutionally

[[Page 31270]]

protected property rights. This supplementary rule does not address 
property rights in any form, and does not cause the impairment of 
anybody's property rights. A takings implication assessment is not 
required.
Executive Order 13132, Federalism
    Under the criteria in section 1 of Executive Order 13132, this rule 
does not have sufficient federalism implications to warrant the 
preparation of a federalism summary impact statement. This 
supplementary rule will 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. A federalism summary impact statement is 
not required.
Executive Order 12988, Civil Justice Reform
    This rule complies with the requirements of Executive Order 12988. 
Specifically, this rule:
    (a) Meets the criteria of section 3(a) requiring that all 
regulations be reviewed to eliminate errors and ambiguity and be 
written to minimize litigation; and
    (b) Meets the criteria of section 3(b)(2) requiring that all 
regulations be written in clear language and contain clear legal 
standards.
Executive Order 13175, Consultation and Coordination With Indian Tribal 
Governments
    The Department of the Interior strives to strengthen its 
government-to-government relationship with Indian tribes through a 
commitment to consultation with Indian tribes and recognition of their 
right to self-governance and tribal sovereignty. We have evaluated this 
rule under the Department's consultation policy and under the criteria 
in Executive Order 13175 and have determined that it has no substantial 
direct effects on federally recognized Indian tribes and that 
consultation under the Department's tribal consultation policy is not 
required.
Paperwork Reduction Act
    This 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.
Effects on the Energy Supply (E.O. 13211)
    This rule is not a significant energy action under the definition 
in Executive Order 13211. A Statement of Energy Effects is not 
required.

Final Supplementary Rule

Author

    The principal author of this supplementary rule is Christina Price, 
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, 
establishes a supplementary rule for public lands managed by the BLM in 
Utah, to read as follows:

Definitions

    Roped activities means activities that involve the use of ropes, 
cables, climbing aids, webbing, or anchors, and includes, but is not 
limited to, zip-lining, high-lining, slack-lining, traditional rock 
climbing, sport rock climbing, rappelling, and swinging.

Prohibited Acts

    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, or 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.

Penalties

    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.

Edwin L. Roberson,
State Director.
[FR Doc. 2017-13891 Filed 7-5-17; 8:45 am]
BILLING CODE 4310-DQ-P



                                                31268               Federal Register / Vol. 82, No. 128 / Thursday, July 6, 2017 / Rules and Regulations

                                                unnecessary because EPA is under a                       DEPARTMENT OF THE INTERIOR                            Code of Federal Regulations. This final
                                                time limit to publish this withdrawal. It                                                                      supplementary rule applies to 37 acres
                                                was determined that this document is                     Bureau of Land Management                             of public lands managed by the Moab
                                                not subject to the 30-day delay of                                                                             Field Office. Maps of the management
                                                effective date generally required by 5                   43 CFR Part 8360                                      area and boundaries can be obtained by
                                                U.S.C. 553(d). This withdrawal must                      [17XL 1109AF LLUTY0100                                contacting the Moab Field Office or by
                                                become effective prior to the effective                  L12200000.EA0000 24–1A]                               accessing the BLM’s ePlanning project
                                                date of the direct final rule being                                                                            page (http://go.usa.gov/xkHY8). The
                                                withdrawn.                                               Notice of Final Supplementary Rule for                final supplementary rule will be
                                                                                                         Public Lands in the Moab Field Office                 available for review at the Moab Field
                                                V. Statutory and Executive Order                         in Grand County, Utah                                 Office.
                                                Reviews                                                                                                           In 2015, the BLM published a
                                                                                                         AGENCY:   Bureau of Land Management,                  temporary restriction on rope swinging
                                                   This document withdraws regulatory                    Interior.                                             at Corona Arch and Gemini Bridges. In
                                                requirements that have not gone into                     ACTION: Notification of final                         2016, the BLM sought a permanent
                                                effect. As such, the Agency has                          supplementary rule.                                   restriction on rope swinging at the same
                                                determined that this withdrawal will                                                                           two locations. Through the National
                                                not have any adverse impacts, economic                   SUMMARY:    The Bureau of Land
                                                                                                                                                               Environmental Policy Act (NEPA)
                                                or otherwise. The statutory and                          Management (BLM) is finalizing a
                                                                                                                                                               process, the BLM identified the need to
                                                Executive Order review requirements                      supplementary rule addressing
                                                                                                                                                               establish a supplementary rule to
                                                applicable to the direct final rule being                recreation on public lands in the
                                                                                                                                                               provide for visitor enjoyment and
                                                withdrawn were discussed in the May                      vicinity of Corona Arch and Gemini
                                                                                                                                                               protect public land resources at these
                                                                                                         Bridges in Grand County, Utah. The
                                                24, 2017 (82 FR 23735) Federal Register                                                                        two locations. Corona Arch and Gemini
                                                                                                         supplementary rule prohibits roped
                                                document. Those review requirements                                                                            Bridges are two of the most popular
                                                                                                         activities around Corona Arch and
                                                do not apply to this action because it is                                                                      recreational destinations in the Moab
                                                                                                         Gemini Bridges. Such activities involve
                                                a withdrawal and does not contain any                                                                          Field Office. Corona Arch is a partly
                                                                                                         the use of ropes or other climbing aids,
                                                new or amended requirements.                                                                                   freestanding arch with a 110-foot by
                                                                                                         and include, but are not limited to, zip-
                                                                                                                                                               110-foot opening. Gemini Bridges are
                                                VI. Congressional Review Act (CRA)                       lining, high-lining, slacklining,
                                                                                                                                                               two large arches standing side-by-side.
                                                                                                         traditional rock climbing, sport rock
                                                                                                                                                                  Approximately 40,000 visitors per
                                                   Pursuant to the CRA (5 U.S.C. 801 et                  climbing, rappelling, and swinging.
                                                                                                                                                               year come to the Corona Arch, and the
                                                seq.), EPA will submit a report                          DATES: The supplementary rule is in                   Gemini Bridges receives approximately
                                                containing this rule and other required                  effect August 7, 2017.                                50,000 visitors per year. The BLM has
                                                information to the U.S. Senate, the U.S.                 ADDRESSES: You may direct inquiries by                received many complaints that roped
                                                House of Representatives, and the                        letter to Christina Price, Field Office               activities, including swinging from the
                                                Comptroller General of the United                        Manager, Bureau of Land Management,                   arches, conflict with other visitors’ use
                                                States prior to publication of the rule in               Moab Field Office, 82 East Dogwood                    and enjoyment of the arches. The BLM
                                                the Federal Register. This action is not                 Avenue, Moab, UT 84532, or by email                   finds merit in these complaints. People
                                                a ‘‘major rule’’ as defined by 5 U.S.C.                  to blm_ut_mb_mail@blm.gov. The final                  setting up and using swings and rappels
                                                804(2). Section 808 of the CRA allows                    supplementary rule is available for                   from the arches endanger both
                                                the issuing agency to make a rule                        inspection at the Moab Field Office and               themselves and those viewing from
                                                effective sooner than otherwise                          on the Web site: https://www.blm.gov/                 below. In addition, the rock arches may
                                                provided by CRA if the agency makes a                    media/federal-register.                               be damaged by ropes ‘‘sawing’’ on the
                                                good cause finding that notice and                       FOR FURTHER INFORMATION CONTACT:                      rock spans. The supplementary rule
                                                public procedure is impracticable,                       Christina Price, Field Manager, 82 East               currently in effect in the Moab Field
                                                unnecessary, or contrary to the public                   Dogwood Avenue, Moab, UT 84532,                       Office (81 FR 9498, Feb. 25, 2016) does
                                                interest. As required by 5 U.S.C. 808(2),                435–259–2100, or blm_ut_mb_mail@                      not address roped activities on the
                                                this determination is supported by a                     blm.gov. Persons who use a                            affected arches, although the temporary
                                                brief statement in Unit IV.                              telecommunications device for the deaf                restriction (80 FR 27703, May 14, 2015)
                                                                                                         (TDD) may call the Federal Relay                      is in effect until May 2017.
                                                List of Subjects in 40 CFR Part 770                      Service (FRS) at 1–800–877–8339 to                       The legal descriptions of the affected
                                                                                                         leave a message or question with the                  public lands are:
                                                  Environmental protection,
                                                Formaldehyde, Incorporation by                           above individual. The service is                      Salt Lake Meridian
                                                                                                         available 24 hours a day, 7 days a week.
                                                reference, Reporting and recordkeeping                                                                         T. 25 S., R. 20 E., sec. 34, NW1⁄4 SW1⁄4, that
                                                                                                         You will receive a reply during normal                  part surrounding Gemini Bridges.
                                                requirements, Third-party certification,
                                                                                                         business hours.                                       T. 25 S., R. 21 E., sec. 32, SE1⁄4 SE1⁄4, that
                                                Toxic substances, Wood.
                                                                                                         SUPPLEMENTARY INFORMATION:                              part surrounding Corona Arch.
                                                  Dated: June 28, 2017.                                                                                        T. 26 S., R. 21 E., sec. 5, NE1⁄4, that part
                                                Louise P. Wise,
                                                                                                         I. Background                                           surrounding Corona Arch.
                                                                                                            The BLM is establishing a final                      The areas described aggregate to 37.3 acres.
                                                Acting Assistant Administrator, Office of
                                                Chemical Safety and Pollution Prevention.                supplementary rule under the authority                  This final supplementary rule allows
jstallworth on DSK7TPTVN1PROD with RULES




                                                [FR Doc. 2017–14106 Filed 7–5–17; 8:45 am]               of 43 CFR 8365.1–6, which allows State                for enforcement as a tool to minimize
                                                BILLING CODE 6560–50–P
                                                                                                         Directors to establish supplementary                  the adverse effects of roped activities
                                                                                                         rules for the protection of persons,                  within the affected areas. After the final
                                                                                                         property, and the public lands and                    supplementary rule goes into effect, it
                                                                                                         resources. This provision allows the                  will be available for review in the Moab
                                                                                                         BLM to issue rules of less than national              Field Office, and will be announced
                                                                                                         effect without codifying the rules in the             broadly through the news media and


                                           VerDate Sep<11>2014   14:53 Jul 05, 2017   Jkt 241001   PO 00000   Frm 00028   Fmt 4700   Sfmt 4700   E:\FR\FM\06JYR1.SGM   06JYR1


                                                                    Federal Register / Vol. 82, No. 128 / Thursday, July 6, 2017 / Rules and Regulations                                          31269

                                                direct mail to the constituents included                 subject to review by the Office of                    No Significant Impact on file in the
                                                on the Moab Field Office mailing list.                   Management and Budget under                           BLM Administrative Record at the
                                                The rule will also be posted on signs at                 Executive Order 12866. This                           address specified in the ADDRESSES
                                                main entry points to the affected areas.                 supplementary rule would not have an                  section.
                                                                                                         annual effect of $100 million or more on
                                                II. Discussion of Public Comments                        the economy. It is not intended to affect             Regulatory Flexibility Act
                                                   The BLM published the proposed                        commercial activity, but imposes a rule                  This final supplementary rule will not
                                                supplementary rule on October 31, 2016                   of conduct on recreational visitors for               have a significant economic effect on a
                                                (81 FR 75366). Thirty comment letters                    public safety and resource protection                 substantial number of small entities
                                                were received during the 90-day public                   reasons in a limited area of public lands.            under the Regulatory Flexibility Act (5
                                                comment period. Twenty-four of the                       This supplementary rule would not                     U.S.C. 601 et seq.). Congress enacted the
                                                commenters expressed support for the                     adversely affect, in a material way, the              Regulatory Flexibility Act (RFA), 5
                                                supplementary rule; six commenters                       economy, productivity, competition,                   U.S.C. 601–612, to ensure that
                                                opposed the supplementary rule. No                       jobs, the environment, public health or               Government regulations do not
                                                changes to the final rule were made as                   safety, or State, local, or tribal                    unnecessarily or disproportionately
                                                a result of the comments received.                       governments or communities. This                      burden small entities. The RFA requires
                                                   Support for the final supplementary                   supplementary rule would not create a                 a regulatory flexibility analysis if a rule
                                                rule banning roped activities near                       serious inconsistency or otherwise                    would have a significant economic
                                                Corona Arch and Gemini Bridges                           interfere with an action taken or                     impact, either detrimental or beneficial,
                                                focused upon allowing hikers to enjoy                    planned by another agency. This                       on a substantial number of small
                                                the arches unfettered by swinging                        supplementary rule does not materially                entities. The supplementary rule does
                                                activities. Commenters in favor of the                   alter the budgetary effects of                        not pertain specifically to commercial or
                                                rule noted the temporary restriction had                 entitlements, grants, user fees, or loan              governmental entities of any size, but to
                                                allowed them to once again enjoy these                   programs or the right or obligations of               public recreational use of specific
                                                hikes; they favored making the                           their recipients, nor does it raise novel             public lands.
                                                temporary restriction permanent.                         legal or policy issues; it merely strives
                                                                                                         to protect public safety and the                      Small Business Regulatory Enforcement
                                                Commenters in favor also noted the vast
                                                                                                         environment.                                          Fairness Act
                                                majority of users of the arches
                                                (approximately 99.8%) visit the arches                                                                            This rule is not a major rule under 5
                                                                                                         National Environmental Policy Act
                                                for their serenity and beauty.                                                                                 U.S.C. 804(2), the Small Business
                                                   The six commenters expressing                            A temporary restriction on roped                   Regulatory Enforcement Fairness Act.
                                                opposition to the rule cited a need for                  activities was analyzed in                            This rule:
                                                less regulation of recreational activities.              Environmental Assessment (EA) DOI–                       (a) Does not have an annual effect on
                                                These commenters noted that hikers                       BLM–UT–2014–0170–EA, Temporary                        the economy of $100 million or more.
                                                could go elsewhere. The BLM has not                      Restriction of Roped Activities at                       (b) Will not cause a major increase in
                                                revised the rule in response to these                    Corona Arch and Gemini Bridges. This                  costs or prices for consumers,
                                                comments. A permanent prohibition                        document was subject to a 30-day                      individual industries, Federal, State, or
                                                against roped activities is in                           public comment period, and the Finding                local government agencies, or
                                                conformance with the 2008 Moab                           of No Significant Impact (FONSI) and                  geographic regions.
                                                Resource Management Plan (RMP). See                      Decision Record were signed on January                   (c) Does not have significant adverse
                                                https://eplanning.blm.gov/epl-front-                     6, 2015. The permanent restriction on                 effects on competition, employment,
                                                office/eplanning/planAndProjectSite.                     roped activities was analyzed in EA                   investment, productivity, innovation, or
                                                do?methodName=dispatchToPattern                          DOI–BLM–UT–2015–0227, Permanent                       the ability of U.S.-based enterprises to
                                                Page&currentPageId=94940.                                Restriction of Corona Arch and Gemini                 compete with foreign-based enterprises
                                                   The Corona Arch area is within the                    Bridges to Roped Activities. This
                                                                                                         document was subject to a 30-day                      Unfunded Mandates Reform Act
                                                Goldbar Hiking Focus Area, which is
                                                                                                         scoping period and a 30-day public                      This supplementary rule does not
                                                specifically managed to enhance hiking
                                                                                                         comment period. The Decision Record                   impose an unfunded mandate on State,
                                                opportunities. Decision REC–39 (page
                                                                                                         providing for the permanent restriction               local, or tribal governments of more
                                                90) states: ‘‘Manage the Corona Arch
                                                                                                         was signed on May 5, 2016. Based on                   than $100 million per year; nor does it
                                                Trail for hiking only.’’ Gemini Bridges is
                                                                                                         the EA which analyzed the permanent                   have a significant or unique effect on
                                                within the Gemini Bridges/Poison
                                                                                                         restriction, the BLM found that this                  State, local, or tribal governments or the
                                                Spider Mesa Focus area. Decision REC–
                                                                                                         supplementary rule would not                          private sector. This supplementary rule
                                                39 states: ‘‘close the spur route to
                                                                                                         constitute a major Federal action                     does not require anything of State, local,
                                                Gemini Bridges to facilitate public use
                                                                                                         significantly affecting the quality of the            or tribal governments. A statement
                                                and help restore damaged lands along
                                                                                                         human environment under Section                       containing the information required by
                                                the spur route.’’ The RMP further                        102(2)(C) of the National Environmental               the Unfunded Mandates Reform Act, 2
                                                authorized the creation of a hiking route                Policy Act of 1969 (NEPA), 42 U.S.C.                  U.S.C. 1531 et seq., is not required.
                                                to Gemini Bridges to facilitate public                   4332(2)(C). This supplementary rule
                                                use. In an effort to eliminate recreational              merely regulates conduct on the BLM                   Executive Order 12630, Governmental
                                                use conflicts on these iconic and high                   public lands administered by the Moab                 Actions and Interference With
                                                use hiking trails, the BLM has chosen to                 Field Office within a 31-acre area                    Constitutionally Protected Property
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                                                finalize the supplementary rule.                         around Corona Arch and 6.3-acre area                  Rights (Takings)
                                                III. Procedural Matters                                  around Gemini Bridges. This rule is                     This rule does not effect a taking of
                                                                                                         designed to protect the environment and               private property or otherwise have
                                                Executive Order 12866, Regulatory                        public safety. A detailed impact                      taking implications under Executive
                                                Planning and Review                                      statement under NEPA is not required.                 Order 12630. This supplementary rule is
                                                  This supplementary rule is not a                       The BLM has placed the EAs, the                       not a government action capable of
                                                significant regulatory action and is not                 Decision Records, and the Findings of                 interfering with constitutionally


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                                                31270               Federal Register / Vol. 82, No. 128 / Thursday, July 6, 2017 / Rules and Regulations

                                                protected property rights. This                          Effects on the Energy Supply (E.O.                    FEDERAL COMMUNICATIONS
                                                supplementary rule does not address                      13211)                                                COMMISSION
                                                property rights in any form, and does
                                                                                                           This rule is not a significant energy               47 CFR Part 90
                                                not cause the impairment of anybody’s
                                                                                                         action under the definition in Executive
                                                property rights. A takings implication                   Order 13211. A Statement of Energy                    [PS Docket No. 15–199; FCC 16–113]
                                                assessment is not required.                              Effects is not required.
                                                                                                                                                               Amendment of the Commission’s
                                                Executive Order 13132, Federalism                        Final Supplementary Rule                              Rules To Enable Railroad Police
                                                  Under the criteria in section 1 of                     Author                                                Officers To Access Public Safety
                                                Executive Order 13132, this rule does                                                                          Interoperability and Mutual Aid
                                                not have sufficient federalism                             The principal author of this                        Channels
                                                implications to warrant the preparation                  supplementary rule is Christina Price,
                                                                                                         Field Manager for the Moab Field                      AGENCY:   Federal Communications
                                                of a federalism summary impact                                                                                 Commission.
                                                                                                         Office, Utah. For the reasons stated in
                                                statement. This supplementary rule will                                                                        ACTION: Final rule; announcement of
                                                                                                         the preamble, and under the authority
                                                not have a substantial direct effect on                                                                        effective date.
                                                                                                         for supplementary rules at 43 U.S.C.
                                                the states, on the relationship between
                                                                                                         1740 and 43 CFR 8365.1–6, the Utah
                                                the Federal government and the states,                                                                         SUMMARY:    In this document, the
                                                                                                         State Director, BLM, establishes a
                                                or on the distribution of power and                                                                            Commission announces that the Office
                                                                                                         supplementary rule for public lands
                                                responsibilities among the various                                                                             of Management and Budget (OMB) has
                                                                                                         managed by the BLM in Utah, to read
                                                levels of government. A federalism                                                                             approved, for a period of three years, the
                                                                                                         as follows:
                                                summary impact statement is not                                                                                information collection associated with
                                                required.                                                Definitions                                           the Commission’s Report and Order
                                                                                                                                                               (Order)’s rules enabling railroad police
                                                Executive Order 12988, Civil Justice                        Roped activities means activities that             access to public safety interoperability
                                                Reform                                                   involve the use of ropes, cables,                     channels. This document is consistent
                                                                                                         climbing aids, webbing, or anchors, and               with the Order, which stated that the
                                                   This rule complies with the                           includes, but is not limited to, zip-                 Commission would publish a document
                                                requirements of Executive Order 12988.                   lining, high-lining, slack-lining,                    in the Federal Register announcing the
                                                Specifically, this rule:                                 traditional rock climbing, sport rock                 effective date of those rules.
                                                   (a) Meets the criteria of section 3(a)                climbing, rappelling, and swinging.
                                                                                                                                                               DATES: The amendments to 47 CFR
                                                requiring that all regulations be                        Prohibited Acts                                       90.20(a)(2)(xiv) published at 81 FR
                                                reviewed to eliminate errors and                                                                               66538, September 28, 2016, are effective
                                                ambiguity and be written to minimize                       You must not participate in any roped
                                                                                                         activities on public lands in the vicinity            July 6, 2017.
                                                litigation; and                                                                                                FOR FURTHER INFORMATION CONTACT: John
                                                                                                         of Corona Arch or Gemini Bridges. This
                                                   (b) Meets the criteria of section 3(b)(2)             prohibition includes, but is not limited              A. Evanoff, Policy and Licensing
                                                requiring that all regulations be written                to, the use of ropes, cables, climbing                Division, Public Safety and Homeland
                                                in clear language and contain clear legal                aids, webbing, anchors, and similar                   Security Bureau, at (202) 418–0848, or
                                                standards.                                               devices.                                              email: john.evanoff@fcc.gov.
                                                                                                                                                               SUPPLEMENTARY INFORMATION: This
                                                Executive Order 13175, Consultation                      Exemptions                                            document announces that, on June 8,
                                                and Coordination With Indian Tribal
                                                                                                           The following persons are exempt                    2017, OMB approved, for a period of
                                                Governments
                                                                                                         from this supplementary rule: Any                     three years, the information collection
                                                   The Department of the Interior strives                Federal, State, or local government                   requirements relating to the public
                                                to strengthen its government-to-                         officer or employee in the scope of their             safety pool eligibility rules contained in
                                                government relationship with Indian                      duties; members of any organized law                  the Commission’s Order, FCC 16–113,
                                                tribes through a commitment to                           enforcement, rescue, or firefighting force            published at 81 FR 66538, September
                                                consultation with Indian tribes and                      in performance of an official duty; and               28, 2016. The OMB Control Number is
                                                recognition of their right to self-                      any persons, agencies, municipalities or              3060–1231. The Commission publishes
                                                governance and tribal sovereignty. We                    companies whose activities are                        this document as an announcement of
                                                have evaluated this rule under the                       authorized in writing by the BLM.                     the effective date of the rules. If you
                                                Department’s consultation policy and                                                                           have any comments on the burden
                                                                                                         Penalties                                             estimates listed below, or how the
                                                under the criteria in Executive Order
                                                                                                           Any person who violates this                        Commission can improve the
                                                13175 and have determined that it has
                                                                                                         supplementary rule may be tried before                collections and reduce any burdens
                                                no substantial direct effects on federally
                                                                                                         a United States Magistrate and fined in               caused thereby, please contact Nicole
                                                recognized Indian tribes and that
                                                                                                         accordance with 18 U.S.C. 3571,                       Ongele, Federal Communications
                                                consultation under the Department’s
                                                                                                         imprisoned no more than 12 months                     Commission, Room 1–A620, 445 12th
                                                tribal consultation policy is not                                                                              Street SW., Washington, DC 20554.
                                                required.                                                under 43 U.S.C. 1733(a) and 43 CFR
                                                                                                         8360.0–7, or both. In accordance with                 Please include the OMB Control
                                                Paperwork Reduction Act                                  43 CFR 8365.1–7, State or local officials             Number, 3060–1231, in your
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                                                                                                         may also impose penalties for violations              correspondence. The Commission will
                                                  This supplementary rule does not                       of Utah law.                                          also accept your comments via email at
                                                contain information collection                                                                                 PRA@fcc.gov.
                                                requirements that the Office of                          Edwin L. Roberson,                                       To request materials in accessible
                                                Management and Budget must approve                       State Director.                                       formats for people with disabilities
                                                under the Paperwork Reduction Act, 44                    [FR Doc. 2017–13891 Filed 7–5–17; 8:45 am]            (Braille, large print, electronic files,
                                                U.S.C. 3501 et seq.                                      BILLING CODE 4310–DQ–P                                audio format), send an email to fcc504@


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Document Created: 2017-07-06 01:04:34
Document Modified: 2017-07-06 01:04:34
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionNotification of final supplementary rule.
DatesThe supplementary rule is in effect August 7, 2017.
ContactChristina Price, Field Manager, 82 East Dogwood Avenue, Moab, UT 84532, 435-259-2100, or [email protected] Persons who use a telecommunications device for the deaf (TDD) may call the Federal Relay Service (FRS) at 1-800-877- 8339 to leave a message or question with the above individual. The service is available 24 hours a day, 7 days a week. You will receive a reply during normal business hours.
FR Citation82 FR 31268 

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