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Proposed Supplementary Rules Regarding Operation of Motorized Vehicles and Bicycles and Closure of Public Lands to Recreational Target Shooting
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: March 8, 2005 (Volume 70, Number 44)]
[Notices]
[Page 11264-11266]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08mr05-120]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[CO-200-1220-DU]
Proposed Supplementary Rules Regarding Operation of Motorized
Vehicles and Bicycles and Closure of Public Lands to Recreational
Target Shooting
AGENCY: Bureau of Land Management; Royal Gorge Field Office, Interior.
ACTION: Proposed supplementary rules for public lands within El Paso,
Fremont, Park and Teller Counties, Colorado.
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SUMMARY: The Bureau of Land Management (BLM)'s Royal Gorge Field Office
is proposing supplementary rules. The proposed supplementary rules
would implement three decisions from the Gold Belt Travel Management
Plan, approved August 18, 2004. These supplementary rules would apply
to the public lands within the Gold Belt Travel Management Plan area
under the management of the Royal Gorge Field Office, in El Paso,
Fremont, Park, and Teller Counties, Colorado. The rules are needed in
order to protect the area's natural resources and provide for public
health and safety.
DATES: You should submit your comments by April 7, 2005. In developing
final supplementary rules, BLM may not consider comments postmarked or
received in person or by electronic mail after this date.
ADDRESSES: Mail, personal, or messenger delivery: Bureau of Land
Management, Royal Gorge Field Office, 3170 East Main Street,
Ca[ntilde]on City, Colorado 81212.
Internet e-mail: rgfo_comments@blm.co.gov (Include ``Attn: Gold
Belt Plan'').
FOR FURTHER INFORMATION CONTACT: Roy L. Masinton, Field Manager, or
Leah Quesenberry, Outdoor Recreation Planner, Royal Gorge Field Office,
3170 East Main Street, Ca[ntilde]on City, Colorado 81212, telephone
(719) 269-8500. Individuals who use a telecommunications device for the
deaf (TDD) may contact them individually through the Federal Information
Relay Service at 1-800/877-8339, 24 hours a day, seven days a week.
I. Public Comment Procedures
II. Background
III. Discussion of the Supplementary Rules
IV. Procedural Matters
I. Public Comment Procedures
Please submit your comments on issues related to the proposed
supplementary rules, in writing, according to the ADDRESSES section,
above. Comments on the proposed supplementary rules should be specific,
confined to issues pertinent to the proposed supplementary rules, and
explain the reason for any recommended change. Where possible, your
comments should reference the specific section or paragraph of the
proposal that you are addressing. BLM may not necessarily consider or
include in the Administrative Record for the final rule comments that
we receive after the close of the comment period (see DATES) or
comments delivered to an address other than those listed above (see
ADDRESSES).
BLM will make your comments, including your name and address,
available for public review at the address listed in ADDRESSES above
during regular business hours (8 a.m. to 4 p.m., Monday through Friday,
except on Federal holidays).
Under certain conditions, BLM can keep your personal information
confidential. You must prominently state your request for
confidentiality at the beginning of your comment. BLM will consider
withholding your name, street address, and other identifying
information on a case-by-case basis to the extent allowed by law. BLM
will make available to the public all submissions from organizations
and businesses and from individuals identifying themselves as
representatives or officials of organizations or businesses.
II. Background
A ``Notice of Intent to Prepare the Gold Belt Travel Management
Plan (TMP) and Amend the Royal Gorge Resource Management Plan'' was
announced in the Federal Register on June 18, 2002 (Volume 67, Number
117, page 41442). The completion of the Gold Belt Travel Management
Plan Environmental Assessment led to a 30-day public comment period,
starting on January 15, 2004. Following analysis of the public
comments, a decision on the Gold Belt TMP was issued on August 18,
2004. The decision restricts Off-Highway Vehicle use to designated
roads and trails in the TMP area and includes the proposed
supplementary rules.
III. Discussion of Supplementary Rules
These supplementary rules apply to the public lands within the Gold
Belt Travel Management Plan area. This area consists of 138,600 acres
of public lands within El Paso, Fremont, Park, and Teller Counties,
Colorado, in the following described townships:
[[Page 11265]]
Colorado, Sixth Principal Meridian
T. 15 S., R. 70 W. through 72 W.
T. 16 S., R. 68 W. through 72 W.
T. 17 S., R. 68 W. through 72 W.
T. 18 S., R. 68 W. through 71 W.
These proposed supplementary rules would implement three decisions
from the Gold Belt Travel Management Plan, approved August 18, 2004.
They include:
(1) A supplementary rule limiting motorized travel for parking,
camping, and retrieving game to a maximum of 100 feet from designated
roads and trails in the Gold Belt Travel Management Plan area (138,600
acres of public lands).
(2) A supplementary rule restricting mountain bikes to designated
roads and trails in the Gold Belt Travel Management Plan area (138,600
acres of public lands).
(3) The closure of approximately 13,200 acres public lands to
recreational target shooting in the following areas: Garden Park Fossil
Area (3,000 acres), the Shelf Road campgrounds and climbing area (2,900
acres), a one-quarter mile wide corridor along Phantom Canyon Road
(4,200 acres), and Penrose Commons (3,100 acres). Licensed hunters in
legitimate pursuit of game during the proper season with appropriate
firearms, as defined by the Colorado Division of Wildlife, are exempt
from this closure.
BLM has determined that these rules are necessary to prevent damage
to public lands and natural resources, reduce user conflicts, protect
public safety, and reduce vandalism to public and private property.
The supplementary rules are proposed under the authority of 43 CFR
8341.1, 8364.1, and 8365.1-6.
This notice, with detailed maps, will be posted at the Royal Gorge
Field Office.
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 Office of Management and Budget
under Executive Order 12866. These proposed supplementary rules will
not have an effect of $100 million or more on the economy. They will
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 will not create a serious inconsistency or
otherwise interfere with an action taken or planned by another agency.
These proposed supplementary rules do not alter the budgetary effects
of entitlements, grants, user fees, or loan programs or the rights or
obligations of their recipients; nor do they raise novel legal or
policy issues. They merely impose limitations on certain recreational
activities on certain public lands to protect natural resources and
human health and safety.
Clarity of the Supplementary Rules
Executive Order 12866 requires each agency to write regulations
that are simple and easy to understand. We invite your comments on how
to make these proposed supplementary rules easier to understand,
including answers to questions such as: (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) Is the description of the proposed
supplementary rules in the ``Discussion of Supplementary Rules''
section of this preamble helpful to your understanding of 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 have on the clarity of the
supplementary rules to the address specified in the ADDRESSES section.
National Environmental Policy Act
BLM prepared an environmental assessment (EA) in support of the
Gold Belt Travel Management Plan 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 the National
Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4332(2)(C). A
detailed statement under NEPA is not required. BLM has placed the EA,
Finding of No Significant Impact (FONSI), and Decision Record on file
in the BLM Administrative Record at the address specified in the
ADDRESSES section. BLM invites the public to review these documents and
suggests that anyone wishing to submit comments in response to the EA,
FONSI, and Decision Record do so in accordance with the ``Public
Comment Procedures'' 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 should have no effect on business entities of whatever size. They
merely would impose reasonable restrictions on certain recreational
activities on certain public lands to protect natural resources and the
environment, and human health and safety. Therefore, BLM has determined
under the RFA 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 (SBREFA)
These proposed supplementary rules are not a ``major rule'' as
defined at 5 U.S.C. 804(2). They would not result in an effect on the
economy of $100 million or more, in an increase in costs or prices, or
in significant adverse effects on competition, employment, investment,
productivity, innovation, or on the ability of United States-based
enterprises to compete with foreign-based enterprises in domestic and
export markets. 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.
Unfunded Mandates Reform Act
These proposed supplementary rules do not impose an unfunded
mandate on state, local or tribal governments or the private sector of
more than $100 million per year; nor do these proposed supplementary
rules have a significant or unique effect on State, local, or tribal
governments or the private sector. 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, 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 proposed supplementary rules do not represent a government
action capable of interfering with constitutionally protected property
rights. The reasonable restrictions that
[[Page 11266]]
would be imposed by these supplementary rules would not deprive anyone
of property or interfere with anyone's property rights. Therefore, the
Department of the Interior has determined that the rule 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 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. Government
vehicles are expressly excluded from the effect of the vehicle
restrictions. The shooting restrictions in the supplementary rules do
not apply to hunting with a State hunting license. Therefore, in
accordance with Executive Order 13132, BLM has determined that the
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 Office of the Solicitor 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 [Replaces Executive Order 13084]
In accordance with Executive Order 13175, we have found that these
proposed supplementary rules do not include policies that have tribal
implications. Formal consultation with 16 tribes was completed for the
Gold Belt Travel Management Plan.
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
In accordance with Executive Order 13211, BLM has determined that
the proposed supplementary rules will not have substantial direct
effects on energy supply, distribution or use, including any shortfall
in supply or price increase. The restrictions on vehicle use should
have no substantial effect on fuel consumption, and no other provision
in the supplementary rules has any relationship to energy supply,
distribution, or use.
Paperwork Reduction Act
These 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 et seq.
Author
The principal author of these supplementary rules is Leah
Quesenberry, Outdoor Recreation Planner, Royal Gorge Field Office,
Bureau of Land Management.
Supplementary Rules for the Gold Belt Travel Management Plan Area
Under 43 CFR 8341.1, 8364.1, and 8365.1-6, the Bureau of Land
Management will enforce the following rules on the public lands within
the Gold Belt Travel Management Plan area, Royal Gorge Field Office,
Colorado. You must follow these rules:
Rules
1. In the Gold Belt Travel Management Plan area (138,600 acres of
public land)--
a. You must not park a motorized vehicle farther than 100 feet from
a designated road or trail;
b. You must not use a motorized vehicle for camping more than 100
feet from a designated road or trail;
c. You must not use a motorized vehicle for retrieving game more
than 100 feet from a designated road and trail.
2. You must not ride mountain bikes other than on designated roads
and trails on public lands in the Gold Belt Travel Management Plan
area.
3. You must not engage in recreational target shooting on public
lands in the following areas: Garden Park Fossil Area (3,000 acres),
the Shelf Road campgrounds and climbing area (2,900 acres), a one-
quarter mile wide corridor along Phantom Canyon Road (4,200 acres), and
Penrose Commons (3,100 acres).
Exceptions
These supplementary rules do not apply to emergency, law
enforcement, and Federal or other government vehicles while being used
for official or other emergency purposes, or to any other vehicle use
that is expressly authorized or otherwise officially approved by BLM.
The prohibition of target shooting in rule 3 has no effect on hunting
by licensed hunters in legitimate pursuit of game during the proper
season with appropriate firearms, as defined by the Colorado Division
of Wildlife.
Penalties
Under section 303(a) of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1733(a)) and 43 CFR 8360.0-7 if you violate any of
these supplementary rules on public lands within the boundaries
established in the rules, you may be tried before a United States
Magistrate and fined no more than $1,000 or imprisoned for no more than
12 months, or both. Such violations may also be subject to the enhanced
fines provided for by 18 U.S.C. 3571.
Roy L. Masinton,
Field Manager.
[FR Doc. 05-4423 Filed 3-7-05; 8:45 am]