[Federal Register Volume 83, Number 173 (Thursday, September 6, 2018)]
[Rules and Regulations]
[Pages 45196-45199]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-19300]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 8365
[17X.LLUTW01100.L12200000.AL0000]
Prohibition of Target Shooting on Public Lands in the Eastern
Lake Mountains, Utah County, Utah
AGENCY: Bureau of Land Management, Interior.
ACTION: Interim final supplementary rule.
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SUMMARY: The Bureau of Land Management (BLM) Utah State Director hereby
establishes an interim final supplementary rule (rule) prohibiting
target shooting within a 2,004-acre area on BLM-administered public
lands in the Eastern Lake Mountains area of the Salt Lake Field Office,
Eastern Lake Mountains, Utah County, Utah. The rule is necessary to
implement and enforce this long-term prohibition to provide for public
safety and historic properties (specifically Native American
petroglyphs), as authorized in the Decision Record for the Eastern Lake
Mountains Target Shooting Resource Management Plan Amendment (RMPA).
The rule does not restrict other public activities in or access to or
through the Lake Mountains, including legal hunting.
DATES: The rule is effective on September 6, 2018. You may submit
comments to the BLM on or before November 5, 2018.
ADDRESSES: You may submit comments by any of the following methods:
Mail: Bureau of Land Management, Attention: Matt Preston, Salt Lake
Field Office, 2370 South Decker Lake Boulevard, West Valley City, Utah
84119.
Email: [email protected].
NEPA Register: https://go.usa.gov/xXBNF.
The environmental assessment, Decision Record, and RMPA are
available for public review at the mailing and NEPA Register website
addresses in this section.
FOR FURTHER INFORMATION CONTACT: Matt Preston, BLM Salt Lake Field
Manager, Bureau of Land Management at 801-977-4300. Persons 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. The
FRS
[[Page 45197]]
is available 24 hours a day, 7 days a week. You will receive a reply
during normal business hours.
SUPPLEMENTARY INFORMATION: The BLM is establishing this rule under the
authority of 43 Code of Federal Regulations (CFR) 8365.1-6, which
allows State Directors to establish supplementary rules for the
protection of persons, property, and the public lands and resources.
This provision allows the BLM to issue rules of less than national
effect by publishing the rule in the Federal Register, but without
codifying it in the CFR. This rule applies to 2,004 acres of public
lands managed by the BLM Salt Lake Field Office in the Eastern Lake
Mountains within Utah County, Utah.
This Notice and the map of the affected area can be obtained by
visiting or contacting the Salt Lake Field Office (see ADDRESSES). The
BLM will post this Notice and the map to the National Environmental
Policy Act (NEPA) Register (see ADDRESSES).
I. Public Comment Procedures
Please submit your written comments on issues related to this rule
to one of the addresses shown in the ADDRESSES section above. Comments
on the rule should be specific, confined to issues pertinent to the
rule, and explain the reason for any recommended change. Comments
requesting changes to the Decision Record, environmental assessment, or
the RMPA are outside the scope of this rule.
The BLM is not obligated to consider, or include in the
Administrative Record for the rule, 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.
The BLM will make your comments, including your name and address,
available for public review at the Salt Lake Field Office address
listed in ADDRESSES above during regular business hours (8:00 a.m. to
4:30 p.m., Monday through Friday, except Federal holidays). Before
including your address, phone number, email address, or other
personally identifiable information in your comment, you should be
aware that your entire comment--including your personally identifiable
information--may be made publicly available at any time. While you can
ask the BLM in your comment to withhold your personally identifiable
information from public review, we cannot guarantee that we will be
able to do so.
II. Discussion of Interim Final Supplementary Rule
The rule is necessary to implement and enforce the long-term target
shooting closure authorized in the Decision Record for the Eastern Lake
Mountains Target Shooting RMPA. The long-term closure covers 2,004
acres of public lands in Utah County, Utah. This rule replaces and
expands the previous target shooting closure orders implemented by the
BLM in the Eastern Lake Mountains since 2012 (81 FR 90864, 79 FR 74111,
77 FR 75186). The expanded closure area identified in this
supplementary rule is necessary in order to provide additional
protection for public health and safety to those who may be endangered
by target shooting and for protection of historic properties
(specifically Native American petroglyphs) damaged by target shooting,
outside the previous closure area.
The BLM determined that a long-term target shooting closure was
necessary due to a variety of concerns, including: Several serious
public safety incidents of errant gunfire endangering lives and
property, the high incidence of target shooting-caused wildfires
annually, documented and irreparable damage to historic properties
(specifically Native American petroglyphs), and the large amounts of
litter and hazardous waste that result from target shooting. In
addition, the area is not considered safe for target shooting due to
the lack of proper backstops in lower elevations, nearby homes, and its
proximity to State Highway 68. Public outreach and education efforts to
address these problems have not been successful.
The BLM has determined that this rule is necessary to allow
immediate implementation of the long-term closure, thereby providing
for public safety and protection of important historic and pre-historic
properties.
In accordance with section 553(b)(B) of the Administrative
Procedure Act (APA) (5 U.S.C. 553(b)(B)), the BLM finds good cause that
publishing a proposed supplementary rule, accepting public comment on
the proposed supplementary rule, and then, publishing a final
supplementary rule are contrary to the public interest. The urgency and
magnitude of the need to reduce the risks to public safety and health,
and historic properties (specifically Native American petroglyphs)
associated with target shooting in the Eastern Lake Mountains warrants
expedited action. Furthermore, the planning process for the Eastern
Lake Mountains Target Shooting RMPA offered extensive opportunities for
public comment, including public notices, an extended scoping period,
an extended comment period, a protest period on the proposed land use
plan decision, and a Governor's consistency review.
Under section 553(d)(3) of the APA (5 U.S.C. 553(d)(3)), good cause
also exists for making these rules effective immediately because a
variety of government and public stakeholders have asked the BLM to
take immediate and affirmative action to curtail the public safety
risks and the damage to historic properties (specifically Native
American petroglyphs) caused by the target shooting. The environmental
assessment for the RMPA discussed the need to establish a supplementary
rule, and thus, the public was on notice during that process that this
supplementary rule would follow completion of the RMPA. A summary of
the planning process, including public participation periods, is
described below in Section III. Procedural Matters, National
Environmental Policy Act (NEPA).
The BLM invites public comment on this interim final supplementary
rule until November 5, 2018. If any substantive comments are received
in response to this notice, the BLM will determine whether or not to
modify this rule. The BLM will publish a Notice establishing the final
supplementary rule only if substantive comments are received. If no
substantive comments are received, the rule will become a final
supplementary rule without another published notice.
III. Procedural Matters
Executive Orders 12866 and 13563 Regulatory Planning and Review
The rule prohibits target shooting on a limited area of public
lands in the Eastern Lake Mountains. The rule is not a significant
regulatory action and is not subject to review by the Office of
Management and Budget under Executive Order 12866 or 13563. The rule
would not have an annual effect of $100 million or more on the economy;
and it 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. The
rule would not create a serious inconsistency or otherwise interfere
with an action taken or planned by another agency; and it would not
materially alter the budgetary effects of entitlements, grants, user
fees, or loan programs, or the rights or obligations of their
recipients; nor does it raise novel legal or policy issues. This rule
[[Page 45198]]
implements and supports enforcement of the long-term target shooting
closure authorized in the Decision Record for the Eastern Lake
Mountains Target Shooting RMPA.
Clarity of the Supplementary Rule
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 this rule easier to understand, including answers to
questions such as the following:
(1) Are the requirements in the rule clearly stated?
(2) Does the rule contain technical language or jargon that
interferes with its clarity?
(3) Does the format of the rule (grouping and order of sections,
use of headings, paragraphing, etc.) aid or reduce its clarity?
(4) Would the rule be easier to understand if it was divided into
more (but shorter) sections?
(5) Is the description of the rule in the SUPPLEMENTARY INFORMATION
section of this preamble helpful in understanding the rule? How could
this description be more helpful in making the rule easier to
understand?
Please send any comments you have on the clarity of the rule to one
of the addresses specified in the ADDRESSES section.
National Environmental Policy Act (NEPA)
The rule implements a land use plan decision to prohibit target
shooting on 2,004 acres to provide for public safety and protect
historic properties (specifically Native American petroglyphs) as
authorized in the Decision Record for the Eastern Lake Mountains Target
Shooting RMPA (DOI-BLM-UT-W010-2015-0023-EA). The BLM analyzed and
disclosed the environmental consequences of the long-term target
shooting closure identified in an environmental assessment completed on
December 14, 2016. The BLM found that the long-term target shooting
closure, including the rule, would not have a significant individual or
cumulative effect on the quality of the human environment under Section
102(2) of the National Environmental Policy Act of 1969 (42 U.S.C.
4332(2)(C)).
The Eastern Lake Mountains Target Shooting RMPA was initiated under
a Notice of Intent published in the Federal Register on June 12, 2015
(80 FR 33547). A 30-day public scoping period began on June 12, 2015,
with public open houses on August 4 and 5, 2015, and was subsequently
extended through August 20, 2015. The BLM released the Draft RMPA and
associated environmental assessment for a 30-day public comment period
beginning on April 15, 2016, with an open house on May 11, 2016; and
subsequently extended the comment period through May 31, 2016. The BLM
released the Proposed RMPA and associated environmental assessment for
a 30-day public protest period and 60-day Governor's consistency review
on December 14, 2016. The BLM informed the public of the scoping period
and associated open houses, comment period and associated open house,
and the protest period through news releases, NEPA register postings,
BLM website postings, flyers on local bulletin boards, and public
mailings to a project mailing list of more than 300 addresses.
The environmental assessment, Decision Record, and RMPA are
available for public review at the locations identified in the
ADDRESSES section.
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. This rule does not pertain
specifically to commercial or governmental entities of any size, but to
public recreational use of specific public lands. This rule establishes
a rule of conduct for recreational use of certain public lands in the
Eastern Lake Mountains. Therefore, the BLM has determined, under the
RFA, that this rule would not have a significant economic impact on a
substantial number of small entities.
Small Business Regulatory Enforcement Fairness Act
This rule does not constitute a ``major rule'' as defined at 5
U.S.C 804(2). This rule establishes a rule of conduct for recreational
use of certain public lands in the Eastern Lake Mountains and would not
affect business, commercial, or industrial use of the public lands.
Unfunded Mandates Reform Act
This rule would not impose an unfunded mandate on state, local, or
tribal governments or the private sector, of more than $100 million per
year; nor would it have a significant or unique effect on small
governments. This rule would have no effect on governmental or tribal
entities and would impose no requirements on any of these entities.
This rule establishes a rule of conduct for recreational use of certain
public lands in the Eastern Lake Mountains and does not affect
business, commercial, or industrial use of these 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)
This rule does not represent a Government action capable of
interfering with constitutionally protected property rights. This rule
does not address property rights in any form and does not cause the
impairment of anyone's property rights. This rule establishes a rule of
conduct for recreational use of certain public lands in the Eastern
Lake Mountains. Therefore, the BLM has determined that this rule would
not cause a ``taking'' of private property or require preparation of a
takings assessment under this Executive Order.
Executive Order 13132, Federalism
This rule 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. This rule applies to a limited area of land in
only one State, Utah, and would not conflict with any Utah state
statute or regulation. Therefore, in accordance with Executive Order
13132, the BLM has determined that this rule does 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 this rule
would not unduly burden the judicial system and that it meets 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 consulted and
coordinated with Indian tribal governments on this rule during the
development of the Eastern Lake Mountains Target Shooting RMPA, which
included an implementation-
[[Page 45199]]
level decision to establish this interim final supplementary rule
through publication in the Federal Register.
The Salt Lake Field Manager sent project information and invited
the initiation of formal consultation with the following Native
American Tribes via certified letter dated June 29, 2015: Jemez Pueblo,
Skull Valley Band of Goshute Indians of Utah, Confederated Tribes of
the Goshute Reservation, Paiute Indian Tribe, Ute Indian Tribe, and
Eastern Shoshone. The BLM contacted these same tribes via phone between
July 1 and 7, 2015, to schedule telephone conferences with the Salt
Lake Field Manager, if desired. The Paiute Indian Tribe requested a
meeting and a presentation was made to the Paiute Tribal Council on
July 16, 2015, at which the tribe expressed their support for the
Eastern Lake Mountains Target Shooting RMPA. Additionally, these tribes
received formal invitations to participate in the planning process as a
consulting party and/or cooperating agency; none of the tribes accepted
either role. These same tribes were included on the project mailing
list and received notification of the scoping period and associated
open houses, the public comment period and associated open house, and
the protest period. Only the Paiute Indian Tribe of Utah submitted a
comment letter during the public comment period expressing concern over
preserving and protecting Native American petroglyphs. To discuss this
in detail with the tribe, the BLM attended a Paiute Tribal Council
meeting on November 1, 2016, in which the tribal leaders expressed
their support for the Proposed RMPA.
The Salt Lake Field Manager and staff also attended the November
15, 2016 Utah Tribal Leaders Conference in Wendover, Nevada, at which
time tribal leaders of the Confederated Tribes of the Goshute
Reservation, Paiute, Ute, and Eastern Shoshone were informed of the
Proposed RMPA and invited to make comments. Tribal leaders asked
questions and made verbal comments in support of the Proposed RMPA. A
final letter was mailed to these same tribes on December 14, 2016,
inviting them to consult on the Proposed RMPA and associated
environmental assessment. The BLM also contacted these tribes via
telephone. No further comments were received.
Executive Order 13352, Facilitation of Cooperative Conservation
Under Executive Order 13352, the BLM has determined that this rule
would not impede the facilitation of cooperative conservation. This
rule would take appropriate account of and consider the interests of
persons with ownership or other legally recognized interests in land or
other natural resources; properly accommodate local participation in
the Federal decision-making process; and provide that the programs,
projects, and activities are consistent with protecting public health
and safety.
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This rule does not constitute a ``significant energy action,'' as
defined in Executive Order 13211. The rule would not have an adverse
effect on energy supplies, production, or consumption and has no
connection with energy policy.
Paperwork Reduction Act
This rule does 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 et seq.
IV. Interim Final Supplementary Rule
For the reasons stated in the preamble, and under the authority of
43 CFR 8365.1-6, the State Director establishes a rule for 2,004 acres
of public lands managed by the BLM in the Lake Mountains in Utah
County, Utah, subject to the Pony Express Resource Management Plan, to
read as follows:
Prohibited Act
Target shooting is prohibited within the area described below,
including 2,004 acres, in Utah County, Utah.
Exemptions
The following persons are exempt from this rule: Any Federal,
state, local, and/or military employees acting within the scope of
their official duties; members of any organized rescue or fire fighting
force performing an official duty; and persons who are expressly
authorized or approved by the BLM.
Legal Land Description
The legal description of the affected public lands is:
Salt Lake Meridian, Utah
T. 7 S, R. 1 E,
Sec. 6, lot 1 and NE\1/4\SE\1/4\;
Sec. 7, lot 1.
T. 7 S, R. 1 W,
Sec. 13, lots 2 thru 4, lots 9 thru 12, and W\1/2\;
Sec. 22, those portions of lots 5, 11, and 12 lying
southwesterly of the top of a ridgeline, bears northwest and
southeast, on the south side of Pfeiffer Canyon, the easterly end of
the ridgeline being approximately 460 feet northerly of the south
one quarter section corner of section 22 along the north-south
centerline of section 22 and the westerly end of the ridgeline being
approximately 1,780 feet northerly of the southwest corner of
section 22 along the section line between sections 21 and 22;
Sec. 24, lots 1 thru 3, lots 10 thru 13, lots 17 and 18, and
NW\1/4\;
Sec. 26, NW\1/4\NE\1/4\, N\1/2\NW\1/4\, and NW\1/4\SW\1/4\;
Sec. 27, SW\1/4\NE\1/4\;
Sec. 28, N\1/2\ and SE\1/4\.
The areas described contain approximately 2,004 acres.
Definition
Target shooting: The discharge or use of a firearm or other
dangerous weapon (e.g. bow-and-arrows, projectile weapons, etc.) for
the purposes of recreational shooting not associated with lawful
hunting practices.
Enforcement
Any person who violates this rule may be tried before a United
States Magistrate and fined in accordance with 18 U.S.C. 3571,
imprisoned no more than 12 months under 43 U.S.C. 1733(a) and 43 CFR
8360.0-7, or both. In accordance with 43 CFR 8365.1-7, State or local
officials may also impose penalties for violations of Utah law.
Edwin L. Roberson,
State Director.
[FR Doc. 2018-19300 Filed 9-5-18; 8:45 am]
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