[Federal Register Volume 79, Number 81 (Monday, April 28, 2014)]
[Notices]
[Pages 23369-23371]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-09437]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLCAC069000-L17110000-AL0000]
Notice of Final Supplementary Rules for Public Lands Managed by
the Carrizo Plain National Monument in Kern and San Luis Obispo
Counties, CA
AGENCY: Bureau of Land Management, Interior.
ACTION: Final supplementary rules.
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SUMMARY: In accordance with the Record of Decision (ROD) for the
Carrizo Plain National Monument Approved Resource Management Plan
(RMP), the Bureau of Land Management (BLM) is establishing final
supplementary rules. The Final Environmental Impact Statement that is
associated with the RMP identified and thoroughly analyzed the effects
of land use limitations and restrictions, and specified that
supplementary rules would be required for resource protection and
visitor safety. The BLM has determined that these final supplementary
rules are necessary to promote the health and sustainability of the
Carrizo Plain National Monument, while reducing the risks to the
Monument's ecosystem that, if left unchecked, could cause undue
ecological degradation. Upon publication, these final supplementary
rules will supersede the interim supplementary rules that are currently
in place and which apply to public lands within the Carrizo Plain
National Monument. These final rules do not impose or implement any
land use limitations and restrictions other than those included within
the Carrizo Plain National Monument RMP, nor do they include
modifications to the interim final supplementary rules published on
December 21, 2012 (77 FR 75649).
DATES: The final supplementary rules are effective on April 28, 2014.
ADDRESSES: Bureau of Land Management, Attention: Ryan Cooper, BLM
Bakersfield Field Office, 3801 Pegasus Drive, Bakersfield, CA 93308.
The final supplementary rules are available for inspection at the
Bakersfield Field Office and on the Bakersfield Field Office Web page
(http://www.blm.gov/ca/st/en/fo/bakersfield/Programs/carrizo.html).
FOR FURTHER INFORMATION CONTACT: Ryan Cooper, 3801 Pegasus Drive,
Bakersfield, CA 93308, 661-391-6048 or mail to: [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
II. Public Comment Procedures and Discussion of Final Supplementary
Rules
III. Procedural Matters
I. Background
The BLM is establishing these final supplementary rules under the
authority of 43 CFR 8365.1-6, which allows BLM State Directors to
establish supplementary rules for the protection of persons, property,
and 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. These final supplementary rules apply to
public lands managed by the Bakersfield Field Office in the Carrizo
Plain National Monument. Maps of the management areas and boundaries
can be obtained by contacting the Bakersfield Field Office (see
ADDRESSES) or by accessing the following Web site: http://blm.gov/ca/st/en/fo/bakersfield/Programs/carrizo.html. The final supplementary
rules will be available for inspection in the Bakersfield Field Office.
Carrizo Plain National Monument Presidential Proclamation (Monument
Proclamation) of January 17, 2001 established the Monument in
recognition of its exceptional objects of scientific and historic
interest. Previously, the BLM had managed the area in accordance with
the Carrizo Plain Natural Area Management Plan of 1996. Under the
guidance of that plan, the State Director established supplementary
rules for the Natural Area at 62 FR 54126 (Oct. 17, 1997). The RMP/ROD
for the Monument, signed on April 10, 2010, provides for those
supplementary rules to remain in effect. The final supplementary rules
put in place by this notice are in addition to rules established in
1997.
These final supplementary rules implement provisions for visitor
use and resource protection identified in the RMP/ROD at Attachment 7,
``Supplementary Rules for Public Use.'' They are designed to promote
visitor safety, while protecting the sensitive resources and objects of
the monument from irreparable destruction or vandalism, and maintain a
positive experience while visiting the monument.
II. Public Comment and Discussion of Final Supplementary Rules
The BLM published interim final supplementary rules on December 21,
2012 (77 FR 75649). The interim final supplementary rules became
effective immediately upon publication based on threats to the health
and sustainability of grasslands and native endangered, threatened and
rare flora and wildlife species, and to world-class archaeological
sites. However, the BLM invited public comment for 60 days on those
interim final rules. The comment period closed on February 19, 2013.
During the comment period, 54 comments were received. One comment
supported the supplementary rules, one comment contained no substantive
comments, and 52 comments were from letters expressing concern that
monument staff would not be able to identify street-legal versus non-
street-legal vehicles and possibly deny access to a street-legal
vehicle. As a result, the BLM has not revised the final supplementary
rules in response to these comments. The BLM is confident that the
definition of ``street-legal vehicle'' in these rules is
straightforward and enables Monument staff to properly and effectively
enforce
[[Page 23370]]
the rules. In addition, law enforcement personnel are trained to be
able to distinguish between the two types of vehicles.
Therefore, the only changes being made here are that the BLM has
revised the interim final supplementary rules by: (1) Deleting
references to ``interim final supplementary rules'' and ``interim
supplementary rules'' and, in appropriate instances, by substituting
text indicating that these are now final supplementary rules; and (2)
Correcting an error in the ``penalties'' provision.
The ``penalties'' provision in the interim final supplementary
rules incorrectly cited 43 CFR 8365.0-7, a regulation that does not
exist. The correct cite, 43 CFR 8360.0-7, is in the ``penalties''
provision of these final supplementary rules.
III. Procedural Matters
Executive Order 12866, Regulatory Planning and Review
These final supplementary rules are not a significant regulatory
action and are not subject to review by the Office of Management and
Budget under Executive Order 12866. These final supplementary rules
will not have an annual effect of $100 million or more on the economy
or 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. These final supplementary
rules will not create a serious inconsistency or otherwise interfere
with an action taken or planned by another agency. The final
supplementary rules do not materially alter the budgetary effects of
entitlements, grants, user fees, or loan programs or the right or
obligation of their recipients; nor do they raise novel legal or policy
issues. They merely impose certain rules on recreational activities on
a limited portion of the public lands in California in order to protect
human health, safety, and the environment.
National Environmental Policy Act
These final supplementary rules themselves comprise a category or
kind of action that has no significant individual or cumulative effect
on 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).
See 40 CFR 1508.4; 43 CFR 46.210. Specifically, these final
supplementary rules are categorically excluded from the requirements of
NEPA because they comprise an action of an administrative, financial,
legal, technical, or procedural nature within the meaning of 43 CFR
46.210(i), and none of the extraordinary circumstances listed at 43 CFR
46.215 would be applicable. Therefore, the BLM is not required to
prepare an environmental assessment or an environmental impact
statement for these final supplementary rules.
Moreover, these final supplementary rules are a component of a
larger planning process for the Monument (i.e., the RMP/ROD), that
itself was a major Federal action. In developing the Monument RMP/ROD,
the BLM prepared a Draft and Final EIS, which include a complete
analysis of each decision corresponding to the final supplementary
rules. The Draft and Final EIS, the Proposed Resource Management Plan,
and the RMP/ROD are on file and available to the public in the BLM
administrative record at the address specified under ADDRESSES. The
Proposed Resource Management Plan, Final EIS, and RMP/ROD are online
at: http://www.blm.gov/ca/st/en/fo/bakersfield/Programs/carrizo.html.
Regulatory Flexibility Act
Congress enacted the Regulatory Flexibility Act (RFA) of 1980, as
amended, 5 U.S.C. 601-612, to ensure that government regulations do not
unnecessarily or disproportionately burden small entities. The RFA
requires a regulatory flexibility analysis if a rule would have a
significant economic impact, either detrimental or beneficial, on a
substantial number of small entities. The final supplementary rules do
not pertain specifically to commercial or governmental entities of any
size, but to public recreational use of specific public lands.
Therefore, the BLM has determined under the RFA that these final
supplementary rules would not have a significant economic impact on a
substantial number of small entities.
Small Business Regulatory Enforcement Fairness Act
These final supplementary rules do not constitute a ``major rule''
as defined at 5 U.S.C. 804(2). These final supplementary rules
generally contain rules of conduct for recreational use of certain
public lands. While they prohibit photography of pictographs or
petroglyphs for commercial use, that prohibition does not have an
effect on business, commercial, or industrial use of the public lands
that rises to any of the following thresholds specified in 5 U.S.C.
804(2):
(a) An annual effect on the economy of $100 million or more;
(b) A major increase in costs or prices for consumers, individual
industries, Federal, State, or local government agencies, or geographic
regions; or
(c) Significant adverse effects on competition, employment,
investment, productivity, innovation, or on the ability of United
States-based enterprises in domestic and export markets.
Unfunded Mandates Reform Act
These final supplementary rules do not impose an unfunded mandate
on State, local or tribal governments in the aggregate, or the private
sector, of more than $100 million per year; nor do they have a
significant or unique effect on small governments. These final
supplementary rules do not require anything of State, local, or tribal
governments. Therefore, the BLM is not required to prepare a statement
containing the information required by the Unfunded Mandates Reform Act
(2 U.S.C. 1531 et seq.).
Executive Order 12630, Governmental Actions and Interference With
Constitutionally Protected Property Rights (Takings)
The final supplementary rules are not a government action capable
of interfering with constitutionally protected property rights. The
final supplementary rules do not address property rights in any form
and do not cause the impairment of anybody's property rights.
Therefore, the Department of the Interior has determined that these
final supplementary rules would not cause a taking of private property
or require further discussion of takings implications under this
Executive Order.
Executive Order 13132, Federalism
The final supplementary rules will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. Therefore, the
BLM has determined that these final supplementary rules do not have
sufficient Federalism implications to warrant preparation of a
Federalism Assessment.
Executive Order 12988, Civil Justice Reform
Under Executive Order 12988, the BLM has determined that these
final supplementary rules will not unduly burden the judicial system
and that the requirements of sections 3(a) and 3(b) (2) of the
Executive Order are met. The
[[Page 23371]]
final supplementary rules include rules of conduct and prohibited acts,
but they are straightforward and not confusing.
Executive Order 13175, Consultation and Coordination With Indian Tribal
Governments
As discussed in the RMP/ROD, the BLM has been working with a Native
American Advisory Committee for the Monument formed under a 1997
charter agreement. The Advisory Committee was formed to encourage the
participation in Monument management of both federally recognized
tribes and other Native Americans having ancestral cultural ties to the
lands in the Monument. The Advisory Committee includes representatives
of the Chumas, Yokuts, and Salinan people.
The Advisory Committee actively participated in the planning
process that resulted in the 2010 RMP/ROD. The BLM also provided tribes
in the vicinity of the Monument with copies of the draft RMP and
requested comments. The tribes expressed no concerns about the RMP or
the decisions related to these final supplementary rules. For these
reasons, the BLM has determined that these final supplementary rules
themselves do not include policies with tribal implications that have
not already been considered in consultation and coordination with
Indian tribal governments.
Information Quality Act
In developing these final supplementary rules, the BLM did not
conduct or use a study, experiment or survey requiring peer review
under the Information Quality Act (Section 515 of Pub. L. 106-554). In
accordance with the Information Quality Act, the Department of the
Interior has issued guidance regarding the quality of information that
it relies upon for regulatory decisions. This guidance is available at
DOI's Web site at http://www.doi.gov/ocio/iq.html.
Executive Order 13211, Effects on the Nation's Energy Supply
These final supplementary rules do not comprise a ``significant
energy action,'' as defined in Executive Order 13211, since they are
not likely to have a significant adverse effect on the supply,
distribution, or use of energy.
Paperwork Reduction Act
These final supplementary rules do 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.
Author
The principal author of these final supplementary rules is Ryan
Cooper, Recreation Planner, Carrizo Plain National Monument.
For the reasons stated in the preamble and under the authority for
supplementary rules found in 43 CFR 8365.1-6, the BLM California State
Director hereby establishes these final supplementary rules, effective
upon publication. These rules supersede the interim final rules
published on December 21, 2012 (77 FR 75650) and read as follows:
Final Supplementary Rules for Public Lands Within the Jurisdiction of
the Carrizo Plain National Monument
Definitions
Commercial use means any pictures or film created for the purpose
of financial gain.
Painted Rock Exclusion Zone means lands within the Carrizo Plain
National Monument indicated on Map 2-3 in the Carrizo Plain National
Monument Approved Resource Management Plan, and with the following
legal description: T32S, R20E, portions of sections 7, 8, 15, 16, 17,
18, MDM.
Pictographs means images painted upon stone surfaces by Native
American people.
Petroglyphs means images carved into stone surfaces by Native
American people.
Replica weapon means any imitation firearm, including paintball
guns, air-soft guns, and war game apparatuses.
Street-legal vehicle means a vehicle, such as an automobile,
motorcycle, or light truck, that is equipped and licensed for use on a
public street and/or highway and that is subject to registration under
the California Vehicle Code 4000(a)(1).
Rules
1. You must not use any replica weapons (such as paintball,
airsoft, or war game apparatus) within the Carrizo Plain National
Monument.
2. You must not drive, move, or leave standing a motor vehicle
within the Carrizo Plain National Monument boundaries, unless it is a
street-legal vehicle, or:
(a) The vehicle is a military, fire, emergency, or law enforcement
vehicle being used for emergency purposes;
(b) The vehicle is expressly authorized by the authorized officer,
or otherwise officially approved; or
(c) The vehicle is registered with the State off-highway vehicle
program, and displays a red or green State-issued sticker, and is being
used on a portion of the Temblor Ridge Road from T. 31 S., R. 21 E.,
Sec. 23 (Crocker Grade Road) to T. 11 N., R. 24 W., Sec. 7.
3. All pets must remain leashed or caged at all developed sites
including visitor centers, interpretive overlooks, trail heads, and
camping areas.
4. You must not take or ride any horse into the Painted Rock
Exclusion Zone.
5. You must not take any dog into the Painted Rock Exclusion Zone.
6. You must not take or ride non-motorized bicycles into any part
of the Painted Rock Exclusion Zone, except the Painted Rock parking
area.
7. You must not engage in any cache-type activities (including
geocaching and earth caching) in the Painted Rock Exclusion Zone.
8. You must not discharge any firearms in the Painted Rock
Exclusion Zone, which is a pre-historic Native American site on the
National Register of Historic Places.
9. You must not start any campfire in the Painted Rock Exclusion
Zone, except for Native American ceremonial use, which is in accordance
with Executive Order 13007, Indian Sacred Sites (1996).
10. You must not make, for commercial use, digital, photographic,
print, or video images of any of the pictographs or petroglyphs, or any
graffiti that overlies or is immediately adjacent to the pictographs
and petroglyphs, located within the boundaries of the Carrizo Plain
National Monument, unless:
(a) Making such images is for non-commercial scientific or
educational purposes; and
(b) It is authorized in writing by the BLM.
11. You must not release non-native or captive-held native species
on BLM lands within the boundaries of the Carrizo Plain National
Monument unless authorized in writing by the BLM.
Penalties
Violations of any supplementary rules by a member of the public may
be subject to the penalties provided in 43 CFR 8360.0-7, which include
a fine not to exceed $1,000 and/or imprisonment not to exceed 12
months.
James G. Kenna,
State Director.
[FR Doc. 2014-09437 Filed 4-25-14; 8:45 am]
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