[Federal Register Volume 81, Number 105 (Wednesday, June 1, 2016)]
[Notices]
[Pages 35039-35041]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12939]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLCOF02000 L12200000.DU0000]
Notice of Proposed Supplementary Rules for Guffey Gorge in Park
County, Colorado
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 to regulate certain activities on public lands within Guffey
Gorge in Park County, Colorado. These proposed supplementary rules
would implement decisions found in the Guffey Gorge Management Plan
Environmental Assessment (EA), approved on June 29, 2015, to provide
for the protection of persons, property, and public lands resources
located within an 80-acre site. These proposed supplementary rules will
result in changes to some currently authorized activities related to
possession or use of alcohol, amplified music, vehicle parking, and
visitors with dogs.
DATES: Please send comments to the following address by August 1, 2016.
Comments postmarked or received in person or by electronic mail after
this date may not be considered in the development of the final
supplementary rules.
ADDRESSES: You may send comments by mail or hand delivery to Linda
Skinner, Outdoor Recreation Planner, BLM Royal Gorge Field Office, 3028
E. Main Street, Ca[ntilde]on City, CO 81212. You may also send comments
via email to [email protected] (include ``Proposed Supplementary
Rules-Guffey Gorge'' in the subject line).
FOR FURTHER INFORMATION CONTACT: Linda Skinner, Outdoor Recreation
Planner; see address above; telephone (719) 269-8732. Persons who use a
telecommunications device for the deaf may call the Federal Information
Relay Service (FIRS) at 800-877-8339 to contact Linda Skinner during
normal business hours. The FIRS is available 24 hours a day, seven days
a week, to leave a message or question with the above individual. You
will receive a reply during normal business hours.
SUPPLEMENTARY INFORMATION:
I. Public Comment Procedures
You may mail, hand-deliver, or email comments to Linda Skinner at
the addresses above. Written comments on the proposed supplementary
rules should be specific, 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 rules that the comment is addressing. The BLM will
consider comments received before the end of the comment period (see
DATES section), including those that are postmarked or electronically
dated before the deadline and delivered to the addresses listed above.
Comments, including names, street addresses, and other contact
information of respondents, will be available for public review at the
BLM Royal Gorge Field Office (see address above). Before including your
address, phone number, email address, or other personal identifying
information in your comment, you should be aware 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 your personal identifying information from public review, we
cannot guarantee that we will be able to do so.
II. Background
Guffey Gorge is an 80-acre tract of public land in Park County,
Colorado. It is surrounded by private land with Park County Road 102
providing legal public access. Until ten years ago, recreational use of
this area was light, and the area was used primarily by local residents
for picnicking, hiking, and swimming. Recreational use of the area has
increased significantly over the past five years, resulting in resource
damage, user conflicts, and safety hazards for visitors and surrounding
private landowners. In 2013, the BLM began the public input process for
developing a management plan for the 80-acre parcel to manage the
increasing visitor use and associated issues. This process included
presentations and site tours with the Front Range Resource Advisory
Council (RAC) and collaboration with stakeholders and concerned
citizens. On August 11, 2014, the BLM initiated a 30-day public scoping
period. Based on feedback received during this process, the BLM
developed a proposed action and released a preliminary EA for a 30-day
public review on November 20, 2014. The BLM incorporated comments
[[Page 35040]]
into the Final EA and corresponding Decision Record signed on June 29,
2015.
III. Discussion of the Proposed Supplementary Rules
These proposed supplementary rules would implement certain
decisions from the Guffey Gorge Management Plan, which was approved on
June 29, 2015, on lands administered by the Royal Gorge Field Office.
The planning area consists of approximately 80 acres of public lands
within Park County, Colorado, described below:
Park County, Colorado, Sixth Principal Meridian
T. 15 S., R. 71 W.
Sec. 4: SE\1/4\SE\1/4\
Sec. 9: NE\1/4\NE\1/4\
Containing 80 acres, more or less.
These proposed supplementary rules are needed to address
significant public safety concerns and resource protection issues
resulting from increased and unsafe public use on public lands known as
Guffey Gorge. The authority for these proposed supplementary rules is
set forth at section 303 of the Federal Land Policy and Management Act
(FLPMA), 43 U.S.C. 1740, and 43 CFR 8365.1-6. This notice, with a
detailed map, will be posted at the Royal Gorge Field Office.
Proposed supplementary rule number one would prohibit possession
and consumption of alcoholic beverages. As visitation at Guffey Gorge
has increased, alcohol and drug use has also increased, leading to
public health and safety concerns. The proposed supplementary rule
would help reduce disruptive behavior associated with alcohol use,
improve public safety, and reduce litter in the area.
Proposed supplementary rule number two would prohibit visitors from
parking a motor vehicle outside of designated parking areas. Visitor
parking is limited at Guffey Gorge and frequently overflows onto the
shoulder of Park County Road 102. Park County Road 102 is a narrow, two
lane road with limited visibility near the Guffey Gorge trailhead.
Restricting parking to designated parking areas only is essential for
public health and safety.
Proposed supplementary rule number three would require animals
brought into the area to be on a leash and under the control of a
person, or otherwise physically restricted. This rule would help reduce
problems associated with unrestrained dogs observed by staff in recent
years. Currently, BLM regulations only require dogs to be restrained in
developed recreation sites. Guffey Gorge is not a developed site, so
existing BLM regulations do not apply. The proposed supplementary rule
would reduce conflicts between visitors; reduce conflicts between
domestic animals and wildlife; and would help control domestic animal
waste. Proposed supplementary rule number four would prohibit the
operation of any device producing amplified sound, such as stereos,
speakers, and public address systems. This proposed supplementary rule
would help restore opportunities for quiet recreational activities
recognized as one of Guffey Gorge's attributes.
IV. Procedural Matters
Executive Order 12866, Regulatory Planning and Review
These proposed supplementary rules are not significant regulatory
actions and are not subject to review by the Office of Management and
Budget under Executive Order 12866. These proposed supplementary rules
would not have an annual effect of $100 million or more on the economy.
They would not adversely affect in a material way the economy;
productivity; competition; jobs; 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.
The proposed supplementary rules would not materially alter the
budgetary effects of entitlements, grants, user fees, or loan programs
or the rights or obligations of their recipients; nor would they raise
novel legal or policy issues. These proposed supplementary rules would
merely establish rules of conduct for public use of a limited area of
public lands.
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?
(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
During the National Environmental Policy Act (NEPA) review for the
Guffey Gorge Management Plan, the BLM fully analyzed the substance of
these supplementary rules in EA, DOI-BLM-CO-200-2013-040. The BLM
signed the Decision Record for the EA on June 29, 2015, and found that
the proposed supplementary rules implementing the plan decisions would
not constitute a major Federal action significantly affecting the
quality of the human environment under section 102(2)(C) of NEPA, 42
U.S.C. 4332(2)(C). The proposed supplementary rules would merely
establish rules of conduct for public use of a limited area of public
lands in order to protect natural resources and public health and
safety. Although some activities would be prohibited in the area, the
area would still be open to other recreation uses. A detailed statement
under NEPA is not required. The BLM has placed the EA and Finding of No
Significant Impact on file in the BLM Administrative Record at the
address specified in the ADDRESSES section.
Regulatory Flexibility Act
Congress enacted the Regulatory Flexibility Act of 1980 (RFA), 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. These proposed supplementary
rules would have no effect on business entities of any size. They would
merely impose reasonable restrictions on certain recreational
activities on certain public lands to protect natural resources and the
environment and human health and safety. Therefore, the BLM has
determined under the RFA that these supplementary rules would not have
a significant economic impact on a substantial number of small
entities.
[[Page 35041]]
Small Business Regulatory Enforcement Fairness Act
These supplementary rules are not a ``major rule'' as defined at 5
U.S.C. 804(2). These supplementary rules would merely impose reasonable
restrictions on certain recreational activities on certain public lands
to protect natural resources and the environment and human health and
safety. These supplementary rules would not:
(1) Have an annual effect on the economy of $100 million or more;
(2) Cause a major increase in costs or prices for consumers;
individual industries; Federal, State, or local agencies; or geographic
regions; or
(3) Have significant adverse effects on competition, employment,
investment, productivity, or innovation; or on the ability of United
States-based enterprises to compete with foreign-based enterprises in
domestic and export markets.
Unfunded Mandates Reform Act
These proposed supplementary rules would not impose an unfunded
mandate on the private sector; or State, local, or tribal governments
of more than $100 million per year; nor would these proposed
supplementary rules have a significant or unique effect on State,
local, or tribal governments or the private sector. The proposed
supplementary rules would merely establish rules of conduct for public
use of a limited selection of public lands. 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 do not constitute a Government
action capable of interfering with constitutionally protected property
rights. The proposed supplementary rules would not address property
rights in any form, and would not cause the impairment of
constitutionally protected 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
The proposed supplementary rules would 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, in
accordance with Executive Order 13132, the BLM has determined that the
proposed supplementary rules would not have sufficient Federalism
implications to warrant preparation of a Federalism Assessment.
Executive Order 12988, Civil Justice Reform
Under Executive Order 12988, the BLM Colorado State Director has
determined that these proposed supplementary rules would not unduly
burden the judicial system and that they meet the requirements of
Sections 3(a) and 3(b) (2) of the Order.
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, and would have no bearing on trust lands or on
lands for which title is held in fee status by Indian Tribes or U.S.
Government-owned lands managed by the Bureau of Indian Affairs.
Information Quality Act
In developing these proposed supplementary rules, the BLM did not
conduct or use a study, experiment or survey requiring peer review
under the Information Quality Act (Section 515 of Pub. L. 106-554).
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 proposed supplementary rules would not have an
adverse effect on energy supply, production, or consumption and have no
connection with energy policy.
Executive Order 13352, Facilitation of Cooperative Conservation
In accordance with Executive Order 13352, the BLM has determined
that the proposed supplementary rules would not impede facilitating
cooperative conservation; would take appropriate account of and
consider the interests of persons with ownership or other legally
recognized interests in land or other natural resources; would properly
accommodate local participation in the Federal decision-making process;
and would provide that the programs, projects and activities are
consistent with protecting public health and safety.
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 of 1995, 44 U.S.C. 3501-3521.
V. Proposed Supplementary Rules
Author
The principal author of these final supplementary rules is Linda
Skinner, Outdoor Recreation Planner, BLM, Royal Gorge Field Office.
For the reasons stated in the preamble, and under the authorities
for Supplementary Rules found at 43 U.S.C. 1740 and 43 CFR 8365.1-6,
the BLM Colorado State Director proposes supplementary rules for
approximately 80 acres of public lands in Guffey Gorge, to read as
follows:
PROPOSED SUPPLEMENTARY RULES FOR GUFFEY GORGE
Prohibited Acts
Unless otherwise authorized, the following acts are prohibited
on all public lands, roads, trails, and waterways administered by
the BLM within the Guffey Gorge Management Area:
(1) Possession or consumption of alcoholic beverages;
(2) Parking a motor vehicle outside of designated parking areas;
(3) Bringing an animal into the area unless the animal is on a
leash not longer than six feet and secured to a fixed object or
under control of a person, or is otherwise physically restricted at
all times; and
(4) Operating any device producing amplified sound such as a
stereo, speaker, public address system, or other similar device.
Exemptions
The following persons are exempt from these supplementary rules:
Any Federal, State, local and/or military persons acting within the
scope of their duties; or members of any organized rescue or fire-
fighting force in performance of an official duty; or individuals
expressly authorized by the BLM.
Enforcement
Any person who violates any of these supplementary rules may be
tried before a United States Magistrate and fined in accordance with
18 U.S.C. 3571, imprisoned no more than 12 months under 43 U.S.C.
1733(a) and 43 CFR 8560.0-7, or both. In accordance with 43 CFR
8365.1-7, State or local officials may also impose penalties for
violations of Colorado law.
Ruth Welch,
BLM Colorado State Director.
[FR Doc. 2016-12939 Filed 5-31-16; 8:45 am]
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