[Federal Register Volume 81, Number 48 (Friday, March 11, 2016)]
[Notices]
[Pages 12935-12938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05400]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLCAC09000 L12100000 MD0000 15X]
Notice of Proposed Supplementary Rules for Shooting on Public
Lands Managed by the BLM Hollister Field Office, California
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 shooting on public lands administered by the Hollister Field
Office, California. The proposed supplementary rules would help protect
public safety, facilitate resource protection, and improve recreation
opportunities in the area.
These proposed supplementary rules are intended to allow for
enforcement as a tool in minimizing the adverse effects of shooting
activities. Upon completion, the supplementary rules will be available
for inspection in the Hollister Field Office, and they will be
announced broadly through the news media and direct mail to the
constituents included on the Hollister Field Office mail list. BLM
personnel will also provide personal briefings with interested agencies
and organizations.
DATES: Comments on the proposed supplementary rules must be received or
postmarked by May 10, 2016 to be assured of consideration.
ADDRESSES: Mail or hand deliver all comments concerning the proposed
supplementary rules to the Bureau of Land Management, 20 Hamilton
Court, Hollister, CA 95023 or email comments to [email protected].
FOR FURTHER INFORMATION CONTACT: Rick Cooper, Hollister Field Manager
or Brian Martin, Outdoor Recreation Planner, BLM Hollister Field
Office, 20 Hamilton Court, Hollister, CA 95023, or telephone 831-630-
5000.
SUPPLEMENTARY INFORMATION:
I. Public Comment Procedures
The public is now invited to provide comments on the proposed
supplementary rules. See the DATES and ADDRESSES sections for
information on submitting comments. This notice and a map depicting the
area that would be affected by the proposed supplementary rules are
available for public review at the Hollister Field Office. The affected
area is also shown on a map on the Hollister Field Office's Web site at
http://www.blm.gov/ca/hollister.
Written comments on the proposed supplementary rules should be
specific,
[[Page 12936]]
confined to issues pertinent to the proposed supplementary rules, and
should explain the reason for any recommended change. Where possible,
comments should reference the specific section or paragraph of the rule
that the comment is addressing. The BLM need not consider (a) comments
that the BLM receives after the close of the comment period (see
DATES), unless they are postmarked or electronically dated before the
deadline, or (b) comments delivered to an address other than those
listed above (See ADDRESSES).
Comments, including names, street addresses, and other contact
information of respondents, will be available for public review at the
20 Hamilton Court, Hollister, CA 95023, during regular business hours
(7:30 a.m. to 4:00 p.m.), Monday through Friday, except Federal
holidays.
Before including your address, telephone number, email address, or
other personal identifying information in your comment, be advised that
your entire comment, including your personal identifying information,
may be made publicly available at any time. While you can ask us in
your comment to withhold from public review your personal identifying
information, we cannot guarantee that we will be able to do so. All
submissions from organizations and businesses, and from individuals
identifying themselves as representatives or officials of organizations
or businesses, will be available for public inspection in their
entirety.
II. Background
The BLM establishes supplementary rules under the authority of 43
CFR 8365.1-6, which allows the BLM State Directors to establish such
rules for the protection of persons, property, and public lands and
resources. This regulatory provision allows the BLM to issue rules of
less than national effect without codifying the rules in the Code of
Federal Regulations.
III. Discussion of Proposed Supplementary Rules
As noted in the Record of Decision (ROD) for the Resource
Management Plan for the Southern Diablo Mountain Range and the Central
Coast of California (September 2007), the BLM has allowed shooting on
public lands for several years, and has been monitoring activities at
popular shooting areas. As use has increased, the BLM has observed
increasing hazards to visitors and to natural resources due to fires
and improper disposal of household items, garbage, and electronic waste
abandoned on the public lands.
These hazards have been observed in connection with the use of
firearms and shooting activities. Thus, the proposed supplementary
rules would apply to all shooting activities. Persons performing tasks
central to the BLM's mission would be exempt. Such persons would
include, for example, members of any organized law enforcement, rescue,
or fire-fighting force.
The proposed supplementary rules are needed to provide consistency
and uniformity for shooting on BLM-administered lands throughout the
Hollister Field Office, and to prevent user conflicts and provide
greater safety to the visiting public.
Recreational target shooting is recognized as a legitimate use of
public lands; however, in areas where target shooting is concentrated,
excessive resource damage and serious conflicts with other uses often
occur. Therefore, supplementary rules related to target shooting are
necessary to address the following issues and concerns:
Public Safety: As visitation increases among all types of
recreational users, so do the conflicts between user groups. In crowded
areas, shooting increases conflicts among users and threatens user
safety. Other recreationists and nearby landowners have concerns for
their personal safety, as well as damage to property.
Resource Damage: Concentrated target shooting areas result in high
levels of damage and impacts. Direct impacts associated with these
areas are the shooting of trees and rocks and soil contamination from
lead bullets. The indirect impacts include: Increased risk and
frequency of wildfires, litter, new route proliferation, vandalism,
illegal dumping and other illegal activities. These areas require more
clean-up efforts, monitoring and law enforcement presence, and user
education efforts than areas where concentrated target shooting does
not occur.
Noise: Repetitive noise from concentrated target shooting areas
impacts all other recreational activities and the quality of life for
nearby residents.
Exclusive use: Exclusive use is created as target shooting becomes
concentrated and displaces other recreation users from the area. Many
other types of recreational users such as hikers, equestrians, and
mountain bikers tend to avoid these areas because of the continuous
noise of gunfire and concerns for their own personal safety.
At present, no supplementary rules are in effect for shooting on
lands managed by the Hollister Field Office where issues associated
with target shooting are most prevalent. Therefore, these supplementary
rules are proposed to implement the ROD for the Resource Management
Plan for the Southern Diablo Mountain Range and the Central Coast of
California (September 2007) with respect to use of firearms and
shooting activities.
IV. Procedural Matters
Executive Order 12866, Regulatory Planning and Review
These proposed 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. The proposed supplementary rules
would not have an annual effect of $100 million or more on the economy.
They are not intended to affect commercial activity, but impose rules
of conduct on recreational visitors for public safety and resource
protection reasons in a limited area of public lands. These
supplementary rules would not adversely affect, in a material way, the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities. These proposed supplementary rules would not create a
serious inconsistency or otherwise interfere with an action taken or
planned by another agency. These proposed supplementary rules do not
materially alter the budgetary effects of entitlements, grants, user
fees, or loan programs or the right or obligations of their recipients,
nor do they raise novel legal or policy issues. They merely strive to
protect public safety and the environment.
Clarity of the Rules
Executive Order 12866 requires each agency to write regulations
that are simple and easy to understand. The BLM invites your comments
on how to make these proposed supplementary rules easier to understand,
including answers to questions such as the following:
(1) Are the requirements in the proposed supplementary rules
clearly stated?
(2) Do the proposed supplementary rules contain technical language
or jargon that interferes with their clarity?
(3) Does the format of the proposed supplementary rules (grouping
and order of sections, use of headings, paragraphing, etc.) aid or
reduce their clarity?
(4) Would the proposed supplementary rules be easier to understand
if they were divided into more (but shorter) sections?
[[Page 12937]]
(5) Is the description of the proposed supplementary rules in the
SUPPLMENTARY INFORMATION section of this preamble helpful in
understanding the proposed supplementary rules? How could this
description be more helpful in making the proposed supplementary rules
easier to understand?
Please send any comments you may have on the clarity of the
proposed supplementary rules to one of the addresses specified in the
ADDRESSES section.
National Environmental Policy Act
The BLM prepared an environmental assessment (EA) dated April 6,
2015, and found that the proposed supplementary rules would not
constitute a major Federal action significantly affecting the quality
of the human environment under Section 102(2)(C) of the National
Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4332(2)(C). The
proposed supplementary rules merely contain rules of conduct for the
BLM public lands administered by the Hollister Field Office within the
Central California District. These rules are designed to protect the
environment and public safety. A detailed statement under NEPA is not
required. The BLM has placed the EA and the Finding of No Significant
Impact (FONSI) on file in the BLM Administrative Record at the address
specified in the ADDRESSES section.
As documented in Environmental Assessment DOI-BLM-CA-0900-2012-49-
EA, and the associated Finding of No Significant Impact and Decision
Record, the proposed supplementary rules do not constitute a major
Federal action significantly affecting the quality of the human
environment under Section 102(2)(C) of the National Environmental
Policy Act of 1969, 42 U.S.C. 4332(2)(C).
Regulatory Flexibility Act
Congress enacted the Regulatory Flexibility Act (RFA), 5 U.S.C.
601-612, to ensure that Government regulations do not unnecessarily or
disproportionately burden small entities. The RFA requires a regulatory
flexibility analysis if a rule would have a significant economic
impact, either detrimental or beneficial, on a substantial number of
small entities. The proposed supplementary 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 the proposed supplementary rules
would not have a significant economic impact on a substantial number of
small entities.
Small Business Regulatory Enforcement Fairness Act
These proposed supplementary rules do not constitute a ``major
rule'' as defined at 5 U.S.C. 804(2). These proposed supplementary
rules merely contain rules of conduct for recreational use of certain
public lands. These proposed supplementary rules would not affect
business, commercial, or industrial use of the public lands.
Unfunded Mandates Reform Act
These proposed supplementary rules would 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 would they have
a significant or unique effect on small governments. These proposed
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)
These proposed supplementary rules are not a government action
capable of interfering with constitutionally protected property rights.
These proposed supplementary rules do not address property rights in
any form, and do not cause the impairment of anybody's property rights.
Therefore, the BLM has determined that these proposed supplementary
rules would not cause a taking of private property or require further
discussion of takings implications under this Executive Order.
Executive Order 13132, Federalism
These proposed supplementary rules would not have a substantial
direct effect on the states, on the relationship between the Federal
Government and the states, or on the distribution of power and
responsibilities among the various levels of government. These proposed
supplementary rules apply on a limited area of land in only one State,
California. Therefore, the BLM has determined that these proposed
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
proposed supplementary rules would not unduly burden the judicial
system and that the requirements of sections 3(a) and 3(b)(2) of the
Order are met. These supplementary rules contain rules of conduct for
recreational use of certain public lands to protect public safety and
the environment.
Executive Order 13175, Consultation and Coordination With Indian Tribal
Governments
In accordance with Executive Order 13175, the BLM has found that
these proposed supplementary rules do not include policies that have
tribal implications. These proposed supplementary rules do not affect
lands held in trust for the benefit of Native American tribes,
individual Indians, Aleuts, or others.
Paperwork Reduction Act
These proposed 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.
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
These proposed supplementary rules do not comprise a significant
energy action. These supplementary rules would not have an adverse
effect on energy supplies, production, or consumption. They only
address rules of conduct for recreational use of certain public lands
to protect public safety and the environment, and have no connection
with energy policy.
Author
The principal author of the proposed supplementary rules is Brian
Martin, BLM Chief Law Enforcement Officer for the Hollister Field
Office, California.
For the reasons stated in the Preamble, and under the authority for
supplementary rules at 43 U.S.C. 1740 and 43 CFR 8365.1-6, the
California State Director, Bureau of Land Management, proposes to issue
these supplementary rules for public lands managed by the BLM in
California, to read as follows:
Supplementary Rules
Definitions
Alcoholic beverage means any beverage that, when consumed, will
produce intoxication.
[[Page 12938]]
Controlled substance means any substance so designated by law
whose availability is restricted, including, but not limited to,
narcotics, stimulants, depressants, hallucinogens, and marijuana.
Destructive device means any type of weapon, by whatever name
known, which will, or which may be readily converted to expel a
projectile by the action of an explosive or other propellant, the
barrel or barrels of which have a bore of more than 0.60 caliber,
except a shotgun or shotgun shell, which is generally recognized as
particularly suitable for sporting purposes.
Developed recreation area/site means any site or area that
contains structures or capital improvements primarily used by the
public for recreation purposes. Such areas or sites may include such
features as: Delineated spaces for parking, camping, boat launching,
sanitary facilities, potable water, grills, fire rings, tables, or
controlled access.
Explosive, chemical, or incendiary device means any tracer
round, incendiary bomb, grenade, fire bomb, chemical bomb, or device
which consists of or includes a breakable or non-breakable container
including a flammable liquid or compound, or any breakable container
which consists of or includes a chemical mixture that explodes with
fire or force and can be shot at or shot from a firearm, carried, or
thrown. A cartridge containing or carrying an explosive agent and
bullet is not an explosive device as that term is used here.
Firearm means an instrument used in the propulsion of shot,
shell, or bullets by the action of gunpowder exploded within it.
Loaded firearm means a firearm that has an unexpended cartridge
of powder and a bullet or shot in or attached in any manner to the
firearm including, but not limited to, in the firing chamber,
magazine, or clip thereof attached to the firearm or a muzzle loader
firearm that is capped or primed and has a powder charge and ball or
shot in the cylinder or barrel.
Target means items designed, manufactured, or built specifically
for the purpose of target shooting which can be completely removed
following use.
Target shooting means shooting a weapon for recreational
purposes when game is not being legally pursued.
Public lands means any lands or interest in lands managed by the
BLM.
Pyrotechnic device means any device manufactured or used to
produce a visible or audible effect by combustion, deflagration, or
detonation. This includes, but is not limited to, such devices as
exploding targets that are detonated when struck by a projectile
such as a bullet fired from a firearm.
Weapon means any firearm, cross bow, bow and arrow, paint gun,
fireworks, or explosive device capable of propelling a projectile
either by means of an explosion, compressed gas, or by string or
spring.
1. These supplementary rules apply, except as specifically
exempted, to all shooting activities on public lands administered by
the Hollister Field Office, California.
2. These supplementary rules are in effect year-around and will
remain in effect until modified by the State Director.
3. The following persons are exempt from these supplementary
rules: Any Federal, State, or local government officer or employee
in the scope of their duties; members of any organized law
enforcement, rescue, or fire-fighting force in performance of an
official duty; and any person whose activities are authorized in
writing by the Bureau of Land Management.
4. All persons must abide by all Federal and State laws, rules,
and regulations pertaining to firearms and weapons for all shooting
activities on public lands.
5. No person shall, unless it is posted as allowed, target shoot
with a weapon within 50 feet of the center line of any public road.
6. No person shall shoot or discharge any weapon across any
public road or signed trail.
7. No person shall, unless it is posted as allowed, shoot or
discharge any weapon within 150 yards of any developed recreation
area/site.
8. No person shall shoot or discharge any weapon toward or in
the direction of any public road, signed trail, or developed
recreation area/site where this action could create a hazard to life
or property.
9. No person shall consume or be under the influence of an
alcoholic beverage or a controlled substance while shooting or
discharging any weapon on public lands.
10. No person shall shoot or discharge any firearm loaded with
tracer bullets on public lands.
11. No person shall shoot or discharge any weapon at any
construction materials, office products, or household items
including, but not limited to, appliances, furniture, electronic
waste, or other objects containing glass on public lands. Targets
designed, manufactured, or built specifically for the purpose of
target shooting and which can be completely removed following use
are allowed.
12. No person shall shoot or discharge any weapon at clay
pigeons on public lands.
13. No person shall shoot or discharge any weapon at any tree,
cactus, shrub, or similar vegetative object, fence post, or any
other public lands infrastructure. This includes the use of these
objects to support targets.
14. Persons shooting or discharging any weapon on public lands
are required to remove and properly dispose of all shooting
materials, including targets, shell boxes, shell casings, hulls, and
brass.
15. No person shall transport in a vehicle or conveyance or its
attachments on any public land, or roads, a firearm, unless it is
unloaded or dismantled.
16. No person shall have a loaded firearm on display when in any
developed recreation area.
17. No person shall shoot or discharge any weapon from a
powerboat, sailboat, motor vehicle, or aircraft.
18. No person shall, except with a valid permit, carry a
concealed firearm on public lands.
19. No person shall possess or use any pyrotechnic device on
public lands. This prohibition includes, but is not limited to,
devices such as exploding targets that are detonated when struck by
a projectile such as a bullet fired from a firearm.
20. No person shall possess or use any destructive, explosive,
or incendiary (including chemical) device on public lands. This
prohibition includes, but is not limited to, any homemade or
manufactured bomb, cannon, mortar, or similar device.
Enforcement
Any person who violates any of these supplementary rules may be
tried before a United States Magistrate and fined in accordance with
18 U.S.C. 3571, imprisoned no more than 12 months under 43 U.S.C.
1733(a) and 43 CFR 8360.0-7, or both. In accordance with 43 CFR
8365.1-7, State or local officials may also impose penalties for
violations of California law.
Joe Stout,
Acting BLM California State Director.
[FR Doc. 2016-05400 Filed 3-10-16; 8:45 am]
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