82_FR_55563 82 FR 55340 - Proposed Supplementary Rules for Public Lands Managed by the Eastern Interior Field Office at the Fairbanks District Office Administrative Site, Fairbanks, Alaska

82 FR 55340 - Proposed Supplementary Rules for Public Lands Managed by the Eastern Interior Field Office at the Fairbanks District Office Administrative Site, Fairbanks, Alaska

DEPARTMENT OF THE INTERIOR
Bureau of Land Management

Federal Register Volume 82, Issue 223 (November 21, 2017)

Page Range55340-55343
FR Document2017-25100

The Bureau of Land Management (BLM) is proposing supplementary rules for all BLM-administered lands within the Fairbanks District Office administrative site. These proposed supplementary rules are necessary to enhance the safety of visitors, protect natural resources, improve recreation experiences and opportunities, and protect public health.

Federal Register, Volume 82 Issue 223 (Tuesday, November 21, 2017)
[Federal Register Volume 82, Number 223 (Tuesday, November 21, 2017)]
[Proposed Rules]
[Pages 55340-55343]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-25100]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Part 8360

[17X LLAKF0000 L12200000.AL0000 LXSS002L0000]


Proposed Supplementary Rules for Public Lands Managed by the 
Eastern Interior Field Office at the Fairbanks District Office 
Administrative Site, Fairbanks, Alaska

AGENCY: Bureau of Land Management, Interior.

ACTION: Proposed supplementary rules.

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SUMMARY: The Bureau of Land Management (BLM) is proposing supplementary 
rules for all BLM-administered lands within the Fairbanks District 
Office administrative site. These proposed supplementary rules are 
necessary to enhance the safety of visitors, protect natural resources, 
improve recreation experiences and opportunities, and protect public 
health.

DATES: Interested parties may submit written comments regarding the 
proposed supplementary rules until January 22, 2018.

ADDRESSES: You may submit comments by mail, electronic mail, or hand-
delivery.
    Mail or Hand Delivery: Jeanie Cole, Fairbanks District Office, 222 
University Avenue, Fairbanks, AK 99709.
    Electronic mail: [email protected] (include ``proposed 
supplementary rules'' in the subject line).

FOR FURTHER INFORMATION CONTACT: Jeanie Cole, Planning and 
Environmental Coordinator, Fairbanks District Office, 222 University 
Avenue, Fairbanks AK 99709, 907-474-2200, [email protected]. People who 
use a telecommunications device for the deaf (TDD) may call the Federal 
Relay Service (FRS) at 1-800-877-8339 to contact the above individual.

SUPPLEMENTARY INFORMATION:

I. Public Comment Procedures

    You may mail, email, or hand-deliver comments to Jeanie Cole at the 
addresses listed above (See ADDRESSES). Written comments on the 
proposed supplementary rules should be specific and confined to issues 
pertinent to the proposed rules, and should explain the reason for any 
recommended change. Where possible, comments should reference the 
specific section or paragraph of the proposal that the commenter is 
addressing. The BLM is not obligated to consider or include in the 
Administrative Record for the final supplementary rules, comments 
delivered to an address other than those listed above (See ADDRESSES) 
or comments that the BLM receives after the close of the comment period 
(See DATES), unless they are postmarked or electronically dated before 
the deadline.
    Comments, including names, street addresses, and other contact 
information for respondents, will be available for public review at the 
Fairbanks District Office listed in ADDRESSES during regular business 
hours (7:45 a.m. to 4:30 p.m., Monday through Friday, except Federal 
holidays). Before including your address, phone number, email address, 
or other personal identifying information in your comment, you should 
be aware that your comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask the BLM 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 Fairbanks District Office is located in a densely-developed, 
mixed residential/commercial area of Fairbanks, Alaska, on BLM-managed 
public lands within the Eastern Interior Field Office on the south bank 
of the Chena River. In addition to visiting the office, the public 
often uses the open space adjacent to the office building to picnic, 
walk dogs, or access the Chena River. Visitors encounter inconsistent 
rules regarding appropriate conduct at the Fairbanks District Office 
administrative site. This inconsistency hampers the BLM's ability to 
provide a safe visitor experience and minimize conflicts among users. 
The BLM is proposing these supplementary rules to establish a 
consistent set of rules for the Fairbanks District Office 
administrative site. Lack of BLM rules for the management of this 
administrative site prevents BLM Law Enforcement Rangers from enforcing 
prohibited acts that compromise public health and safety, such as open 
fires in proximity to office buildings, overnight/long-term occupancy, 
unattended domestic animals, and unattended vehicles and skateboarding. 
The highly urbanized nature of the Fairbanks District Office and its 
location in Class C-E airspace on final approach to Fairbanks 
International Airport, as well as the adjacent State Division of 
Forestry-Interagency Fire helipad, make some uses of public lands 
inappropriate, for example, operating aerial drones which currently 
prohibits drone operation over or immediately adjacent to neighboring 
Forestry helipads (14 CFR 107.43). In addition, enforcing State laws 
and/or Borough ordinances is administratively more difficult for BLM 
Law Enforcement Rangers than enforcing established BLM rules. The BLM 
is proposing to establish these supplementary rules under the authority 
of 43 CFR 8365.1-6, which authorizes BLM State Directors to establish 
supplementary rules for the protection of persons, property, and public 
lands and resources. There are currently no existing supplementary 
rules for the Fairbanks District Office administrative site. The 
administrative site is all property and lands encompassed within the 
land parcel owned/managed by the BLM at North Star Borough, legal 
address 222 University Avenue, Fairbanks, AK 99709, described as:

Fairbanks Meridian, Alaska

T. 1 S., R. 1 W.,
    Sec. 7, lots 63 and 69.

    The area described here aggregates 11.41 acres.

    You may obtain a map of the Fairbanks District Office 
administrative site in Fairbanks, Alaska, by contacting the office (see 
ADDRESSES) or by accessing the following Web site: https://eplanning.blm.gov/epl-front-office/eplanning/projectSummary.do?methodName=renderDefaultProjectSummary&projectId=71962
.

[[Page 55341]]

II. Discussion of Proposed Supplementary Rules

    In general, the BLM uses supplementary rules for permanent, site-
specific regulations where general BLM regulations do not meet the 
specific management needs of a site's unique characteristics. Most 
common, are rules for recreation areas or administrative sites, such as 
the Fairbanks District Office administrative site. Field Office or 
statewide rules are also occasionally established. These proposed 
supplementary rules would apply to 11.41 acres of public lands 
comprising the BLM Fairbanks District Office administrative site. These 
proposed rules address general public conduct and public safety 
concerns at the BLM facility. It is important to note that the rules 
addressing fishing, boating, and operation of aerial drones will be 
enforced only in relation to BLM-managed lands above the mean high 
water line of the Chena River. Nothing in these proposed rules would 
impart any new or special authority or jurisdiction to BLM Law 
Enforcement Rangers on or within the navigable waters of the State of 
Alaska or airspace managed by the Federal Aviation Administration. The 
proposed rule pertaining to hunting seeks to minimize conflicts with 
the Fairbanks District Office administrative site's year-round heavy 
use by employees, volunteers, school groups, contractors, and the 
general public (see map associated with this proposal at https://eplanning.blm.gov/epl-front-office/eplanning/projectSummary.do?methodName=renderDefaultProjectSummary&projectId=71962
). The proposed rule pertaining to trapping seeks to minimize conflict 
with the proposed dog off-leash area identified in proposed rule number 
12. During the drafting of these hunting and trapping rules, the BLM 
consulted with the Alaska Department of Fish and Game, which did not 
object. The Alaska Department of Fish and Game has closed the Chena 
River to beaver trapping downstream from its confluence with the Little 
Chena River by State trapping regulations, and the closure area 
encompasses the segment of the River's riparian corridor adjoining the 
BLM Fairbanks District Office administrative site.
    These proposed rules are broken down into three categories. 
Proposed supplementary rules 1, 3-7, 9-10, 12-13, and 15 parallel 
existing state laws or regulations and municipal ordinances that the 
BLM proposes to adopt in order to facilitate cooperation between BLM 
Law Enforcement Rangers and local or state authorities. Proposed 
supplementary rules 8, 14, 17-20, 22-23, and 26-27 are new. Proposed 
supplementary rules 2, 11, 16, 21, and 24-25 are not new, but would 
implement minor modifications or revisions to existing BLM regulations 
in order to be more enforceable and better applicable to the Fairbanks 
administrative site's particular urban environment.

IV. Procedural Matters

Executive Orders 12866 and 13563, Regulatory Planning and Review

    Executive Order 12866 provides that the Office of Information and 
Regulatory Affairs in the Office of Management and Budget will review 
all significant rules. These proposed supplementary rules are not a 
significant regulatory action and are not subject to review by the 
Office of Information and Regulatory Affairs under Executive Order 
12866.
    Executive Order 13563 reaffirms the principles of E.O. 12866 while 
calling for improvements in the nation's regulatory system to promote 
predictability, to reduce uncertainty, and to use the best, most 
innovative, and least burdensome tools for achieving regulatory ends. 
The executive order directs agencies to consider regulatory approaches 
that reduce burdens and maintain flexibility and freedom of choice for 
the public where these approaches are relevant, feasible, and 
consistent with regulatory objectives. E.O. 13563 emphasizes further 
that regulations must be based on the best available science and that 
the rulemaking process must allow for public participation and an open 
exchange of ideas. We have developed this rule in a manner consistent 
with these requirements.

Clarity of the Supplementary Rules

    We are required by Executive Orders 12866 (section 1 (b)(12)), 
12988 (section 3(b)(1)(B)), and 13563 (section 1(a)), and by the 
Presidential Memorandum of June 1, 1998, to write all rules in plain 
language. This means that each rule we publish must:
    (a) Be logically organized;
    (b) Use the active voice to address readers directly;
    (c) Use common, everyday words, and clear language rather than 
jargon;
    (d) Be divided into short sections and sentences; and
    (e) Use lists and tables wherever possible.
    If you feel that we have not met these requirements, send us 
comments by one of the methods listed in the ADDRESSES section. To 
better help the BLM revise the rule, your comments should be as 
specific as possible. For example, you should tell us the numbers of 
the sections or paragraphs that you find unclear, which sections or 
sentences are too long, the sections where you feel lists or tables 
would be useful, etc.

National Environmental Policy Act (NEPA)

    This rule does not constitute a major Federal action significantly 
affecting the quality of the human environment. A detailed statement 
under the National Environmental Policy Act of 1969 is not required 
because we reached a Finding of No Significant Impact (FONSI).
    Through an interdisciplinary review, the BLM Eastern Interior Field 
Office prepared an Environmental Assessment (DOI-BLM-AK-F020-2017-0006-
EA) and made it available on the BLM Eastern Interior Field Office 
ePlanning NEPA register for public inspection on February 14, 2017, 
along with a draft FONSI The EAand draft FONSI were also available for 
public review on the public BLM Web site for 30 days. A Decision Record 
to move forward with the proposed supplementary rule was signed March 
17, 2017. These documents are available online at https://eplanning.blm.gov/epl-front-office/eplanning/projectSummary.do?methodName=renderDefaultProjectSummary&projectId=71962
.

Regulatory Flexibility Act

    This 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.). These proposed supplementary rules merely 
establish rules of conduct for public use of specific public lands. 
Therefore, the BLM has determined that these proposed supplementary 
rules would not have a significant economic impact on a substantial 
number of small entities.

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.

[[Page 55342]]

    These rules merely establish rules of conduct for use of certain 
public lands and do not affect commercial or business activities of any 
kind.

Unfunded Mandates Reform Act

    This rule does not impose an unfunded mandate on State, local, or 
tribal governments, or the private sector of more than $100 million per 
year. The rule does not have a significant or unique effect on State, 
local, or tribal governments or the private sector. A statement 
containing the information required by the Unfunded Mandates Reform Act 
(2 U.S.C. 1531 et seq.) is not required.

Takings (E.O. 12630)

    This rule does not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630. These rules do 
not address property rights in any form, and do not cause the 
impairment of one's property rights. A takings implication assessment 
is not required.

Federalism (E.O. 13132)

    Under the criteria in section 1 of Executive Order13132, this rule 
does not have sufficient federalism implications to warrant the 
preparation of a federalism summary impact statement. These rules do 
not conflict with any Alaska State law or regulation. A federalism 
summary impact statement is not required.

Civil Justice Reform (E.O. 12988)

    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.

Consultation With Indian Tribes (E.O. 13175 and Departmental Policy)

    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. The rules do not affect Indian resource, religious, or 
property rights.

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.

Paperwork Reduction Act (44 U.S.C. 3501 et seq.)

    This rule does not contain information collection requirements, and 
a submission to the Office of Management and Budget under the Paperwork 
Reduction Act is not required.

Proposed Supplementary Rules

Author

    The principal author of these supplementary rules is Jonathan 
Priday, Bureau of Land Management Law Enforcement Ranger for the 
Eastern Interior Field Office.
    For the reasons stated in the preamble, and under the authority of 
43 CFR 8365.1-6, the BLM State Director proposes to establish 
supplementary rules for public lands managed by the BLM in Fairbanks, 
Alaska, to read as follows:

Definitions

    1. Brandish means to point, shake, or wave menacingly or to exhibit 
in an ostentatious manner.
    2. Camping means erecting a tent or shelter of natural or synthetic 
material, preparing a sleeping bag or other bedding material, parking a 
motor vehicle, motor home, or trailer, or mooring a vessel for the 
apparent purpose of overnight occupancy.
    3. Command and control of an animal means that the animal returns 
immediately to and remains by the side of the handler in response to a 
verbal command. An animal is not under command and control if the 
animal approaches or remains within 10 feet of any person other than 
the handler, unless that person has communicated to the handler by 
spoken word or gesture that he or she consents to the presence of the 
animal.
    4. Explosives means any chemical compound, mixture, or device, the 
primary or common purpose of which is to function by explosion; the 
term includes, but is not limited to, dynamite and other high 
explosives, black powder, blasting caps, pellet powder, initiating 
explosives, detonators, safety fuses, squibs, detonating cord, igniter 
cord, and igniters. This includes, but is not limited to, all materials 
listed in the Attorney General of the United States' 2016 list of 
explosive materials published in the Federal Register (81 FR 80684).
    5. Firearm or other projectile shooting device means all firearms, 
air rifles, pellet and BB guns, spring guns, bows or crossbows and 
arrows, slings, paint ball markers, other instruments that can propel a 
projectile (such as a bullet, dart, or pellet) by combustion, air 
pressure, gas pressure, or other means, or any instrument that can be 
loaded with and fire blank cartridges.
    6. Motorized vehicle means a vehicle that is propelled by a motor 
or engine, such as a car, truck, off-highway vehicle, motorcycle, or 
snowmobile.
    7. Street legal vehicle means a motorized vehicle that meets 
standards and requirements identified in Alaska Administrative Code 
Title 13 and Alaska Statue 28--Motor Vehicles.
    8. Tether means to restrain an animal by tying to any object or 
structure by any means, including without limitation a chain, rope, 
cord, leash, or running line. Tethering does not include using a leash 
to walk an animal.
    9. Fairbanks District Office administrative site means the parcels 
located at Fairbanks Meridian, Alaska, T. 1 S., R. 1 W., sec. 7, lots 
63 and 69. The area described aggregates 11.41 acres.

Prohibited Acts

    Unless otherwise authorized by the BLM, the following actions are 
prohibited on lands included within the Fairbanks District Office 
administrative site:
    1. Operating, parking, or leaving unattended a motorized vehicle in 
violation of posted restrictions or limits or in such a manner or 
location to:
    a. Create a safety hazard;
    b. Interfere with other authorized users or uses;
    c. Obstruct or impede normal or emergency traffic movement;
    d. Interfere with or impede administrative activities;
    e. Interfere with the parking of other vehicles;
    f. Be in violation of Alaska State law or regulation;
    g. Park or occupy a parking space posted or marked for handicapped 
use or BLM employees without displaying official identification tag, 
plate, or permit;
    h. Operate, occupy, or park a vehicle other than in or on paved 
areas established for such use; or
    i. Operate, occupy, or park a non-street legal motorized vehicle;
    2. Possessing or using fireworks, Tannerite, ammonium nitrate,

[[Page 55343]]

ammonium perchlorate, and/or explosives;
    3. Carrying concealed weapons in violation of Alaska State law;
    4. Discharging or brandishing a firearm, projectile shooting 
device, or any implement capable of taking a human life, causing 
injury, or damaging property;
    5. Using, carrying, or brandishing weapons in violation of Alaska 
State and/or Federal law;
    6. Disorderly conduct as described in Alaska Statue 11.61.110;
    7. Indecent exposure as described in Alaska Statue 11.41.458 and/or 
11.41.460;
    8. Hunting or trapping;
    9. Fishing in violation of Alaska State law, rules, or regulations;
    10. Boating in violation of Alaska State regulation or law or U.S. 
Coast Guard regulation;
    11. Cutting or gathering green trees or parts or removing down or 
standing dead wood for any purpose;
    12. Failing to physically restrain pets or domestic animals at all 
times, unless the pet or animal is under the command and control of the 
handler and is located on the designated grassy or wooded waterfront 
north of the Fairbanks District Office building. Leashes may not exceed 
six (6) feet in length;
    13. Failing to prevent a pet from harassing, molesting, injuring, 
or killing humans, domesticated animals, wildlife, or livestock;
    14. Leaving unattended and/or tethered domestic animals, except for 
animals that are inside passenger vehicles;
    15. Failing to immediately remove or dispose of in a sanitary 
manner all pet, domestic animal, or human fecal matter or trash, 
garbage, or waste;
    16. Disposing of any grey or waste water;
    17. Starting or maintaining an open or camp fire;
    18. Launching or operating drones or other unmanned aerial 
vehicles;
    19. Unauthorized overnight occupancy, use, camping, or parking. 
Overnight is defined as anytime between the hours of 10 p.m. and 6 
a.m.;
    20. Accessing, using, or climbing any BLM buildings, 
infrastructure, or fenced areas. Except that the Fairbanks District 
Office Public Room is open and accessible to the public between the 
hours of 7:45 a.m. and 4:30 p.m. Monday through Friday, excluding 
Federal holidays and other days as directed by the BLM Alaska State 
Director;
    21. Unauthorized access or use of government-owned and BLM 
employee-owned vehicles;
    22. Using a skateboard, rollerblades, or hoverboard, in the 
building or use temporary ramps for these purposes;
    23. Requesting, encouraging, or demanding someone engage in 
criminal conduct, with the intent to facilitate or contribute to the 
commission of that crime;
    24. Use of a garbage dumpster without prior authorization from the 
BLM Authorized Officer;
    25. Placement of household or commercial waste in or adjacent to 
provided garbage cans;
    26. Leaving property unattended; or
    27. Generating noise exceeding 88 decibels at 88 feet distance.

Exemptions

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

Enforcement

    Any person who violates any of these supplementary rules may be 
tried before a United States Magistrate and fined in accordance with 18 
U.S.C. 3571, imprisoned no more than 12 months under 43 U.S.C. 1733(a) 
and 43 CFR 8560.0-7, or both. In accordance with 43 CFR 8365.1-7, State 
or local officials may also impose penalties for violations of Alaska 
law.

Karen E. Mouritsen,
Acting State Director, Alaska.
[FR Doc. 2017-25100 Filed 11-20-17; 8:45 am]
 BILLING CODE 4310-JA-P



                                                      55340               Federal Register / Vol. 82, No. 223 / Tuesday, November 21, 2017 / Proposed Rules

                                                      the Portland Cement Production Source                      Electronic mail: EasternInterior@                  space adjacent to the office building to
                                                      Category.’’                                             blm.gov (include ‘‘proposed                           picnic, walk dogs, or access the Chena
                                                         We are issuing this NODA to provide                  supplementary rules’’ in the subject                  River. Visitors encounter inconsistent
                                                      notice and ensure that parties have an                  line).                                                rules regarding appropriate conduct at
                                                      opportunity to submit comments on                       FOR FURTHER INFORMATION CONTACT:                      the Fairbanks District Office
                                                      these documents for a period of 30 days                 Jeanie Cole, Planning and                             administrative site. This inconsistency
                                                      after their insertion in the docket.                    Environmental Coordinator, Fairbanks                  hampers the BLM’s ability to provide a
                                                      Although the public comment period for                  District Office, 222 University Avenue,               safe visitor experience and minimize
                                                      the proposed rule is scheduled to close                 Fairbanks AK 99709, 907–474–2200,                     conflicts among users. The BLM is
                                                      on November 21, 2017, the public will                   j05cole@blm.gov. People who use a                     proposing these supplementary rules to
                                                      be allowed to submit their comments, as                 telecommunications device for the deaf                establish a consistent set of rules for the
                                                      well as provide comments on the                         (TDD) may call the Federal Relay                      Fairbanks District Office administrative
                                                      proposed conclusions the EPA reached                    Service (FRS) at 1–800–877–8339 to                    site. Lack of BLM rules for the
                                                      when it relied on these documents to                    contact the above individual.                         management of this administrative site
                                                      propose the RTR rulemaking, for a                                                                             prevents BLM Law Enforcement Rangers
                                                                                                              SUPPLEMENTARY INFORMATION:
                                                      period of 30 days, as required by the                                                                         from enforcing prohibited acts that
                                                      CAA. The comment period for the two                     I. Public Comment Procedures                          compromise public health and safety,
                                                      aforementioned documents added to the                      You may mail, email, or hand-deliver               such as open fires in proximity to office
                                                      docket was opened on November 3,                        comments to Jeanie Cole at the                        buildings, overnight/long-term
                                                      2017, and will close on December 4,                     addresses listed above (See ADDRESSES).               occupancy, unattended domestic
                                                      2017.                                                   Written comments on the proposed                      animals, and unattended vehicles and
                                                        Dated: November 14, 2017.                             supplementary rules should be specific                skateboarding. The highly urbanized
                                                      Stephen Page,                                           and confined to issues pertinent to the               nature of the Fairbanks District Office
                                                                                                              proposed rules, and should explain the                and its location in Class C–E airspace on
                                                      Director, Office of Air Quality Planning and
                                                      Standards.                                              reason for any recommended change.                    final approach to Fairbanks
                                                                                                              Where possible, comments should                       International Airport, as well as the
                                                      [FR Doc. 2017–25169 Filed 11–20–17; 8:45 am]
                                                                                                              reference the specific section or                     adjacent State Division of Forestry-
                                                      BILLING CODE 6560–50–P
                                                                                                              paragraph of the proposal that the                    Interagency Fire helipad, make some
                                                                                                              commenter is addressing. The BLM is                   uses of public lands inappropriate, for
                                                                                                              not obligated to consider or include in               example, operating aerial drones which
                                                      DEPARTMENT OF THE INTERIOR                              the Administrative Record for the final               currently prohibits drone operation over
                                                                                                              supplementary rules, comments                         or immediately adjacent to neighboring
                                                      Bureau of Land Management                                                                                     Forestry helipads (14 CFR 107.43). In
                                                                                                              delivered to an address other than those
                                                                                                              listed above (See ADDRESSES) or                       addition, enforcing State laws and/or
                                                      43 CFR Part 8360                                                                                              Borough ordinances is administratively
                                                                                                              comments that the BLM receives after
                                                                                                              the close of the comment period (See                  more difficult for BLM Law
                                                      [17X LLAKF0000 L12200000.AL0000
                                                                                                              DATES), unless they are postmarked or
                                                                                                                                                                    Enforcement Rangers than enforcing
                                                      LXSS002L0000]
                                                                                                              electronically dated before the deadline.             established BLM rules. The BLM is
                                                      Proposed Supplementary Rules for                           Comments, including names, street                  proposing to establish these
                                                      Public Lands Managed by the Eastern                     addresses, and other contact                          supplementary rules under the authority
                                                      Interior Field Office at the Fairbanks                  information for respondents, will be                  of 43 CFR 8365.1–6, which authorizes
                                                      District Office Administrative Site,                    available for public review at the                    BLM State Directors to establish
                                                      Fairbanks, Alaska                                       Fairbanks District Office listed in                   supplementary rules for the protection
                                                                                                              ADDRESSES during regular business                     of persons, property, and public lands
                                                      AGENCY:   Bureau of Land Management,                                                                          and resources. There are currently no
                                                                                                              hours (7:45 a.m. to 4:30 p.m., Monday
                                                      Interior.                                                                                                     existing supplementary rules for the
                                                                                                              through Friday, except Federal
                                                      ACTION: Proposed supplementary rules.                   holidays). Before including your                      Fairbanks District Office administrative
                                                                                                              address, phone number, email address,                 site. The administrative site is all
                                                      SUMMARY:   The Bureau of Land                                                                                 property and lands encompassed within
                                                                                                              or other personal identifying
                                                      Management (BLM) is proposing                                                                                 the land parcel owned/managed by the
                                                                                                              information in your comment, you
                                                      supplementary rules for all BLM-                                                                              BLM at North Star Borough, legal
                                                                                                              should be aware that your comment—
                                                      administered lands within the Fairbanks                                                                       address 222 University Avenue,
                                                                                                              including your personal identifying
                                                      District Office administrative site. These                                                                    Fairbanks, AK 99709, described as:
                                                                                                              information—may be made publicly
                                                      proposed supplementary rules are
                                                                                                              available at any time. While you can ask              Fairbanks Meridian, Alaska
                                                      necessary to enhance the safety of
                                                                                                              the BLM in your comment to withhold                   T. 1 S., R. 1 W.,
                                                      visitors, protect natural resources,
                                                                                                              your personal identifying information                   Sec. 7, lots 63 and 69.
                                                      improve recreation experiences and
                                                                                                              from public review, we cannot                           The area described here aggregates 11.41
                                                      opportunities, and protect public health.
                                                                                                              guarantee that we will be able to do so.              acres.
                                                      DATES: Interested parties may submit
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS




                                                      written comments regarding the                          II. Background                                           You may obtain a map of the
                                                      proposed supplementary rules until                        The Fairbanks District Office is                    Fairbanks District Office administrative
                                                      January 22, 2018.                                       located in a densely-developed, mixed                 site in Fairbanks, Alaska, by contacting
                                                      ADDRESSES: You may submit comments                      residential/commercial area of                        the office (see ADDRESSES) or by
                                                      by mail, electronic mail, or hand-                      Fairbanks, Alaska, on BLM-managed                     accessing the following Web site:
                                                      delivery.                                               public lands within the Eastern Interior              https://eplanning.blm.gov/epl-front-
                                                        Mail or Hand Delivery: Jeanie Cole,                   Field Office on the south bank of the                 office/eplanning/projectSummary.do?
                                                      Fairbanks District Office, 222 University               Chena River. In addition to visiting the              methodName=renderDefaultProject
                                                      Avenue, Fairbanks, AK 99709.                            office, the public often uses the open                Summary&projectId=71962.


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                                                                          Federal Register / Vol. 82, No. 223 / Tuesday, November 21, 2017 / Proposed Rules                                           55341

                                                      II. Discussion of Proposed                              supplementary rules 8, 14, 17–20, 22–                 specific as possible. For example, you
                                                      Supplementary Rules                                     23, and 26–27 are new. Proposed                       should tell us the numbers of the
                                                         In general, the BLM uses                             supplementary rules 2, 11, 16, 21, and                sections or paragraphs that you find
                                                      supplementary rules for permanent,                      24–25 are not new, but would                          unclear, which sections or sentences are
                                                      site-specific regulations where general                 implement minor modifications or                      too long, the sections where you feel
                                                      BLM regulations do not meet the                         revisions to existing BLM regulations in              lists or tables would be useful, etc.
                                                      specific management needs of a site’s                   order to be more enforceable and better
                                                                                                                                                                    National Environmental Policy Act
                                                      unique characteristics. Most common,                    applicable to the Fairbanks
                                                                                                                                                                    (NEPA)
                                                      are rules for recreation areas or                       administrative site’s particular urban
                                                      administrative sites, such as the                       environment.                                            This rule does not constitute a major
                                                      Fairbanks District Office administrative                                                                      Federal action significantly affecting the
                                                                                                              IV. Procedural Matters
                                                      site. Field Office or statewide rules are                                                                     quality of the human environment. A
                                                      also occasionally established. These                    Executive Orders 12866 and 13563,                     detailed statement under the National
                                                      proposed supplementary rules would                      Regulatory Planning and Review                        Environmental Policy Act of 1969 is not
                                                      apply to 11.41 acres of public lands                      Executive Order 12866 provides that                 required because we reached a Finding
                                                      comprising the BLM Fairbanks District                   the Office of Information and Regulatory              of No Significant Impact (FONSI).
                                                      Office administrative site. These                       Affairs in the Office of Management and                 Through an interdisciplinary review,
                                                      proposed rules address general public                   Budget will review all significant rules.             the BLM Eastern Interior Field Office
                                                      conduct and public safety concerns at                   These proposed supplementary rules are                prepared an Environmental Assessment
                                                      the BLM facility. It is important to note               not a significant regulatory action and               (DOI–BLM–AK–F020–2017–0006–EA)
                                                      that the rules addressing fishing,                      are not subject to review by the Office               and made it available on the BLM
                                                      boating, and operation of aerial drones                 of Information and Regulatory Affairs                 Eastern Interior Field Office ePlanning
                                                      will be enforced only in relation to                    under Executive Order 12866.                          NEPA register for public inspection on
                                                      BLM-managed lands above the mean                          Executive Order 13563 reaffirms the                 February 14, 2017, along with a draft
                                                      high water line of the Chena River.                     principles of E.O. 12866 while calling                FONSI The EAand draft FONSI were
                                                      Nothing in these proposed rules would                   for improvements in the nation’s                      also available for public review on the
                                                      impart any new or special authority or                  regulatory system to promote                          public BLM Web site for 30 days. A
                                                      jurisdiction to BLM Law Enforcement                     predictability, to reduce uncertainty,                Decision Record to move forward with
                                                      Rangers on or within the navigable                      and to use the best, most innovative,                 the proposed supplementary rule was
                                                      waters of the State of Alaska or airspace               and least burdensome tools for                        signed March 17, 2017. These
                                                      managed by the Federal Aviation                         achieving regulatory ends. The                        documents are available online at
                                                      Administration. The proposed rule                       executive order directs agencies to                   https://eplanning.blm.gov/epl-front-
                                                      pertaining to hunting seeks to minimize                 consider regulatory approaches that                   office/eplanning/projectSummary.do?
                                                      conflicts with the Fairbanks District                   reduce burdens and maintain flexibility               methodName=renderDefaultProject
                                                      Office administrative site’s year-round                 and freedom of choice for the public                  Summary&projectId=71962.
                                                      heavy use by employees, volunteers,                     where these approaches are relevant,                  Regulatory Flexibility Act
                                                      school groups, contractors, and the                     feasible, and consistent with regulatory
                                                      general public (see map associated with                 objectives. E.O. 13563 emphasizes                       This rule will not have a significant
                                                      this proposal at https://eplanning.blm.                 further that regulations must be based                economic effect on a substantial number
                                                      gov/epl-front-office/eplanning/project                  on the best available science and that                of small entities under the Regulatory
                                                      Summary.do?methodName=                                  the rulemaking process must allow for                 Flexibility Act (5 U.S.C. 601 et seq.).
                                                      renderDefaultProjectSummary&                            public participation and an open                      These proposed supplementary rules
                                                      projectId=71962). The proposed rule                     exchange of ideas. We have developed                  merely establish rules of conduct for
                                                      pertaining to trapping seeks to minimize                this rule in a manner consistent with                 public use of specific public lands.
                                                      conflict with the proposed dog off-leash                these requirements.                                   Therefore, the BLM has determined that
                                                      area identified in proposed rule number                                                                       these proposed supplementary rules
                                                      12. During the drafting of these hunting                Clarity of the Supplementary Rules                    would not have a significant economic
                                                      and trapping rules, the BLM consulted                     We are required by Executive Orders                 impact on a substantial number of small
                                                      with the Alaska Department of Fish and                  12866 (section 1 (b)(12)), 12988 (section             entities.
                                                      Game, which did not object. The Alaska                  3(b)(1)(B)), and 13563 (section 1(a)), and            Small Business Regulatory Enforcement
                                                      Department of Fish and Game has                         by the Presidential Memorandum of                     Fairness Act
                                                      closed the Chena River to beaver                        June 1, 1998, to write all rules in plain
                                                      trapping downstream from its                            language. This means that each rule we                   This rule is not a major rule under 5
                                                      confluence with the Little Chena River                  publish must:                                         U.S.C. 804(2), the Small Business
                                                      by State trapping regulations, and the                    (a) Be logically organized;                         Regulatory Enforcement Fairness Act.
                                                      closure area encompasses the segment                      (b) Use the active voice to address                 This rule:
                                                      of the River’s riparian corridor adjoining              readers directly;                                        (a) Does not have an annual effect on
                                                      the BLM Fairbanks District Office                         (c) Use common, everyday words, and                 the economy of $100 million or more.
                                                      administrative site.                                    clear language rather than jargon;                       (b) Will not cause a major increase in
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                                                         These proposed rules are broken                        (d) Be divided into short sections and              costs or prices for consumers,
                                                      down into three categories. Proposed                    sentences; and                                        individual industries, Federal, State, or
                                                      supplementary rules 1, 3–7, 9–10, 12–                     (e) Use lists and tables wherever                   local government agencies, or
                                                      13, and 15 parallel existing state laws or              possible.                                             geographic regions.
                                                      regulations and municipal ordinances                      If you feel that we have not met these                 (c) Does not have significant adverse
                                                      that the BLM proposes to adopt in order                 requirements, send us comments by one                 effects on competition, employment,
                                                      to facilitate cooperation between BLM                   of the methods listed in the ADDRESSES                investment, productivity, innovation, or
                                                      Law Enforcement Rangers and local or                    section. To better help the BLM revise                the ability of U.S.-based enterprises to
                                                      state authorities. Proposed                             the rule, your comments should be as                  compete with foreign-based enterprises.


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                                                      55342               Federal Register / Vol. 82, No. 223 / Tuesday, November 21, 2017 / Proposed Rules

                                                        These rules merely establish rules of                 Department’s tribal consultation policy               not limited to, all materials listed in the
                                                      conduct for use of certain public lands                 is not required. The rules do not affect              Attorney General of the United States’
                                                      and do not affect commercial or                         Indian resource, religious, or property               2016 list of explosive materials
                                                      business activities of any kind.                        rights.                                               published in the Federal Register (81
                                                                                                                                                                    FR 80684).
                                                      Unfunded Mandates Reform Act                            Effects on the Energy Supply (E.O.                       5. Firearm or other projectile shooting
                                                         This rule does not impose an                         13211)                                                device means all firearms, air rifles,
                                                      unfunded mandate on State, local, or                      This rule is not a significant energy               pellet and BB guns, spring guns, bows
                                                      tribal governments, or the private sector               action under the definition in Executive              or crossbows and arrows, slings, paint
                                                      of more than $100 million per year. The                 Order 13211. A Statement of Energy                    ball markers, other instruments that can
                                                      rule does not have a significant or                     Effects is not required.                              propel a projectile (such as a bullet,
                                                      unique effect on State, local, or tribal                Paperwork Reduction Act (44 U.S.C.                    dart, or pellet) by combustion, air
                                                      governments or the private sector. A                    3501 et seq.)                                         pressure, gas pressure, or other means,
                                                      statement containing the information                                                                          or any instrument that can be loaded
                                                      required by the Unfunded Mandates                         This rule does not contain                          with and fire blank cartridges.
                                                      Reform Act (2 U.S.C. 1531 et seq.) is not               information collection requirements,                     6. Motorized vehicle means a vehicle
                                                      required.                                               and a submission to the Office of                     that is propelled by a motor or engine,
                                                                                                              Management and Budget under the                       such as a car, truck, off-highway
                                                      Takings (E.O. 12630)                                    Paperwork Reduction Act is not                        vehicle, motorcycle, or snowmobile.
                                                         This rule does not effect a taking of                required.                                                7. Street legal vehicle means a
                                                      private property or otherwise have                      Proposed Supplementary Rules                          motorized vehicle that meets standards
                                                      taking implications under Executive                                                                           and requirements identified in Alaska
                                                      Order 12630. These rules do not address                 Author                                                Administrative Code Title 13 and
                                                      property rights in any form, and do not                   The principal author of these                       Alaska Statue 28—Motor Vehicles.
                                                      cause the impairment of one’s property                  supplementary rules is Jonathan Priday,                  8. Tether means to restrain an animal
                                                      rights. A takings implication assessment                Bureau of Land Management Law                         by tying to any object or structure by
                                                      is not required.                                        Enforcement Ranger for the Eastern                    any means, including without limitation
                                                                                                              Interior Field Office.                                a chain, rope, cord, leash, or running
                                                      Federalism (E.O. 13132)                                   For the reasons stated in the                       line. Tethering does not include using a
                                                         Under the criteria in section 1 of                   preamble, and under the authority of 43               leash to walk an animal.
                                                      Executive Order13132, this rule does                    CFR 8365.1–6, the BLM State Director                     9. Fairbanks District Office
                                                      not have sufficient federalism                          proposes to establish supplementary                   administrative site means the parcels
                                                      implications to warrant the preparation                 rules for public lands managed by the                 located at Fairbanks Meridian, Alaska,
                                                      of a federalism summary impact                          BLM in Fairbanks, Alaska, to read as                  T. 1 S., R. 1 W., sec. 7, lots 63 and 69.
                                                      statement. These rules do not conflict                  follows:                                              The area described aggregates 11.41
                                                      with any Alaska State law or regulation.                                                                      acres.
                                                      A federalism summary impact statement                   Definitions
                                                                                                                                                                    Prohibited Acts
                                                      is not required.                                          1. Brandish means to point, shake, or
                                                                                                              wave menacingly or to exhibit in an                      Unless otherwise authorized by the
                                                      Civil Justice Reform (E.O. 12988)                       ostentatious manner.                                  BLM, the following actions are
                                                         This rule complies with the                            2. Camping means erecting a tent or                 prohibited on lands included within the
                                                      requirements of Executive Order 12988.                  shelter of natural or synthetic material,             Fairbanks District Office administrative
                                                      Specifically, this rule:                                preparing a sleeping bag or other                     site:
                                                         (a) Meets the criteria of section 3(a)               bedding material, parking a motor                        1. Operating, parking, or leaving
                                                      requiring that all regulations be                       vehicle, motor home, or trailer, or                   unattended a motorized vehicle in
                                                      reviewed to eliminate errors and                        mooring a vessel for the apparent                     violation of posted restrictions or limits
                                                      ambiguity and be written to minimize                    purpose of overnight occupancy.                       or in such a manner or location to:
                                                                                                                3. Command and control of an animal                    a. Create a safety hazard;
                                                      litigation; and
                                                                                                              means that the animal returns                            b. Interfere with other authorized
                                                         (b) Meets the criteria of section 3(b)(2)
                                                                                                              immediately to and remains by the side                users or uses;
                                                      requiring that all regulations be written                                                                        c. Obstruct or impede normal or
                                                      in clear language and contain clear legal               of the handler in response to a verbal
                                                                                                                                                                    emergency traffic movement;
                                                      standards.                                              command. An animal is not under                          d. Interfere with or impede
                                                                                                              command and control if the animal                     administrative activities;
                                                      Consultation With Indian Tribes (E.O.                   approaches or remains within 10 feet of
                                                      13175 and Departmental Policy)                                                                                   e. Interfere with the parking of other
                                                                                                              any person other than the handler,                    vehicles;
                                                         The Department of the Interior strives               unless that person has communicated to                   f. Be in violation of Alaska State law
                                                      to strengthen its government-to-                        the handler by spoken word or gesture                 or regulation;
                                                      government relationship with Indian                     that he or she consents to the presence                  g. Park or occupy a parking space
                                                      tribes through a commitment to                          of the animal.                                        posted or marked for handicapped use
                                                      consultation with Indian tribes and                       4. Explosives means any chemical
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS




                                                                                                                                                                    or BLM employees without displaying
                                                      recognition of their right to self-                     compound, mixture, or device, the                     official identification tag, plate, or
                                                      governance and tribal sovereignty. We                   primary or common purpose of which is                 permit;
                                                      have evaluated this rule under the                      to function by explosion; the term                       h. Operate, occupy, or park a vehicle
                                                      Department’s consultation policy and                    includes, but is not limited to, dynamite             other than in or on paved areas
                                                      under the criteria in Executive Order                   and other high explosives, black                      established for such use; or
                                                      13175 and have determined that it has                   powder, blasting caps, pellet powder,                    i. Operate, occupy, or park a non-
                                                      no substantial direct effects on                        initiating explosives, detonators, safety             street legal motorized vehicle;
                                                      federally-recognized Indian tribes and                  fuses, squibs, detonating cord, igniter                  2. Possessing or using fireworks,
                                                      that consultation under the                             cord, and igniters. This includes, but is             Tannerite, ammonium nitrate,


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                                                                          Federal Register / Vol. 82, No. 223 / Tuesday, November 21, 2017 / Proposed Rules                                                55343

                                                      ammonium perchlorate, and/or                               14. Leaving unattended and/or                        24. Use of a garbage dumpster without
                                                      explosives;                                             tethered domestic animals, except for                 prior authorization from the BLM
                                                         3. Carrying concealed weapons in                     animals that are inside passenger                     Authorized Officer;
                                                      violation of Alaska State law;                          vehicles;                                               25. Placement of household or
                                                         4. Discharging or brandishing a                         15. Failing to immediately remove or               commercial waste in or adjacent to
                                                      firearm, projectile shooting device, or                 dispose of in a sanitary manner all pet,              provided garbage cans;
                                                      any implement capable of taking a                       domestic animal, or human fecal matter                  26. Leaving property unattended; or
                                                      human life, causing injury, or damaging                 or trash, garbage, or waste;                            27. Generating noise exceeding 88
                                                      property;                                                  16. Disposing of any grey or waste                 decibels at 88 feet distance.
                                                         5. Using, carrying, or brandishing                   water;
                                                                                                                 17. Starting or maintaining an open or             Exemptions
                                                      weapons in violation of Alaska State
                                                      and/or Federal law;                                     camp fire;                                               The following persons are exempt
                                                         6. Disorderly conduct as described in                   18. Launching or operating drones or               from these supplementary rules: Any
                                                      Alaska Statue 11.61.110;                                other unmanned aerial vehicles;                       Federal, State, local, and/or military
                                                                                                                 19. Unauthorized overnight                         employee acting within the scope of
                                                         7. Indecent exposure as described in
                                                                                                              occupancy, use, camping, or parking.                  their duties; members of any organized
                                                      Alaska Statue 11.41.458 and/or
                                                                                                              Overnight is defined as anytime                       rescue or fire-fighting force performing
                                                      11.41.460;
                                                                                                              between the hours of 10 p.m. and 6 a.m.;              an official duty; and persons, agencies,
                                                         8. Hunting or trapping;                                 20. Accessing, using, or climbing any              municipalities, or companies holding an
                                                         9. Fishing in violation of Alaska State              BLM buildings, infrastructure, or fenced              existing special-use permit and
                                                      law, rules, or regulations;                             areas. Except that the Fairbanks District             operating within the scope of their
                                                         10. Boating in violation of Alaska                   Office Public Room is open and                        permit.
                                                      State regulation or law or U.S. Coast                   accessible to the public between the
                                                      Guard regulation;                                       hours of 7:45 a.m. and 4:30 p.m.                      Enforcement
                                                         11. Cutting or gathering green trees or              Monday through Friday, excluding                        Any person who violates any of these
                                                      parts or removing down or standing                      Federal holidays and other days as                    supplementary rules may be tried before
                                                      dead wood for any purpose;                              directed by the BLM Alaska State                      a United States Magistrate and fined in
                                                         12. Failing to physically restrain pets              Director;                                             accordance with 18 U.S.C. 3571,
                                                      or domestic animals at all times, unless                   21. Unauthorized access or use of                  imprisoned no more than 12 months
                                                      the pet or animal is under the command                  government-owned and BLM employee-                    under 43 U.S.C. 1733(a) and 43 CFR
                                                      and control of the handler and is located               owned vehicles;                                       8560.0–7, or both. In accordance with
                                                      on the designated grassy or wooded                         22. Using a skateboard, rollerblades,              43 CFR 8365.1–7, State or local officials
                                                      waterfront north of the Fairbanks                       or hoverboard, in the building or use                 may also impose penalties for violations
                                                      District Office building. Leashes may                   temporary ramps for these purposes;                   of Alaska law.
                                                      not exceed six (6) feet in length;                         23. Requesting, encouraging, or
                                                         13. Failing to prevent a pet from                    demanding someone engage in criminal                  Karen E. Mouritsen,
                                                      harassing, molesting, injuring, or killing              conduct, with the intent to facilitate or             Acting State Director, Alaska.
                                                      humans, domesticated animals, wildlife,                 contribute to the commission of that                  [FR Doc. 2017–25100 Filed 11–20–17; 8:45 am]
                                                      or livestock;                                           crime;                                                BILLING CODE 4310–JA–P
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Document Created: 2017-11-21 00:42:57
Document Modified: 2017-11-21 00:42:57
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed supplementary rules.
DatesInterested parties may submit written comments regarding the proposed supplementary rules until January 22, 2018.
ContactJeanie Cole, Planning and Environmental Coordinator, Fairbanks District Office, 222 University Avenue, Fairbanks AK 99709, 907-474-2200, [email protected] People who use a telecommunications device for the deaf (TDD) may call the Federal Relay Service (FRS) at 1-800-877-8339 to contact the above individual.
FR Citation82 FR 55340 

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