From: Subject: FR Doc 2010-16148 Date: Sat, 21 Aug 2010 09:56:50 -0700 MIME-Version: 1.0 Content-Type: text/html; charset="utf-8" Content-Transfer-Encoding: quoted-printable Content-Location: http://edocket.access.gpo.gov/2010/2010-16148.htm X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.5931 =EF=BB=BF FR Doc 2010-16148 
[Federal Register: July 2, 2010 (Volume 75, Number 127)]
[Notices]              =20
[Page 38540-38543]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02jy10-92]                        =20

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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLCON04000-L12200000-PA0000]

=20
Notice of Final Supplementary Rules for Public Lands in Colorado:=20
McInnis Canyons National Conservation Area

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of Final Supplementary Rules.

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SUMMARY: The Bureau of Land Management (BLM) Grand Junction Field=20
Office (GJFO) is implementing supplementary rules to regulate conduct=20
on public lands within the McInnis Canyons National Conservation Area=20
(MCNCA). These supplementary rules are needed to implement decisions=20
found in the McInnis Canyons National Conservation Area Resource=20
Management Plan (RMP) to provide for the protection of persons,=20
property, and public lands and resources.

DATES: These rules are effective August 2, 2010.

ADDRESSES: You may send inquiries to the Bureau of Land Management,=20
2815 H Road, Grand Junction, Colorado 81506; or e-mail comments to=20
gjfo_webmail@blm.gov, Attn: =
``McInnis Canyons.''

FOR FURTHER INFORMATION CONTACT: Katie Stevens, McInnis Canyons=20
National Conservation Area, (970) 244-3049, e-mail: Katie_A_
Stevens@blm.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    These final supplementary rules apply to the MCNCA, approximately=20
122,300 acres of public lands which include the 75,550-acre Black Ridge=20
Canyons Wilderness. The MCNCA, originally known as the Colorado Canyons=20
National Conservation Area, was established by Public Law 106-353 on=20
October 24, 2000, and was renamed

[[Page 38541]]

in honor of Representative Scott McInnis by Public Law 108-400 on=20
January 1, 2005.
    The MCNCA is located 10 miles west of Grand Junction, Colorado,=20
bordered by the Colorado National Monument to the east and the=20
Colorado/Utah State line to the west. A small portion of the Black=20
Ridge Canyons Wilderness (5,200 acres) extends into Grand County, Utah.=20
The final supplementary rules will help the BLM achieve management=20
objectives and implement decisions in the MCNCA RMP approved on October=20
24, 2004.

II. Discussion of Public Comments

    The BLM GJFO proposed these supplementary rules in the Federal=20
Register on July 13, 2009 (74 FR 33466). Public comments were accepted=20
for a period of 60 days ending on September 11, 2009. The BLM received=20
one comment from the Colorado Division of Wildlife (CDOW). The CDOW=20
comment asked the BLM to consider revising the supplementary rule=20
(8) addressing areas designated as ``day use.'' The CDOW=20
encouraged the BLM to modify the rule to allow hunters in these areas=20
during periods of darkness. Pursuant to Colorado State law, hunters in=20
the legitimate pursuit of game are authorized to hunt 30 minutes before=20
sunrise and 30 minutes after sunset.
    BLM Response: The BLM agrees with this additional clarification and=20
changed the supplementary rule (8) addressing ``day use=20
areas'' to allow legitimate hunters in the pursuit of game to access=20
``day use'' areas during the time periods defined as ``legal hunting=20
hours'' by the CDOW.

III. Discussion of the Supplementary Rules

    In preparing the RMP, the BLM sought public review of four=20
alternatives including its preferred alternative. The preferred=20
alternative incorporated an adaptive management approach to allow for=20
flexibility in management actions based on the results of resource and=20
visitor monitoring.
    The RMP includes specific management actions that restrict certain=20
activities and define allowable uses. The final supplementary rules=20
implement these management actions within the MCNCA. Many of the final=20
supplementary rules apply to the entire area but some apply to specific=20
areas within the MCNCA. The final supplementary rules are written to=20
allow for the management flexibility that is available under the=20
principles of adaptive management.

IV. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    These supplementary rules are not significant regulatory actions=20
and not subject to review by the Office of Management and Budget under=20
Executive Order 12866. These supplementary rules will not have an=20
annual effect of $100 million or more on the economy. They will not=20
adversely affect in a material way the economy, productivity,=20
competition, jobs, the environment, public health or safety, or State,=20
local, or Tribal governments or communities. These supplementary rules=20
will not create a serious inconsistency or otherwise interfere with an=20
action taken or planned by another agency. The supplementary rules do=20
not materially alter the budgetary effects of entitlements, grants,=20
user fees, or loan programs or the rights or obligations of their=20
recipients; and they do not raise novel legal or policy issues. These=20
supplementary rules are merely rules of conduct for public use of a=20
limited area of public lands.

Clarity of the Supplementary Rules

    Executive Order 12866 requires each agency to write regulations=20
that are simple and easy to understand. We invite your comments on how=20
to make these final supplementary rules easier to understand, including=20
answers to questions such as the following:
    (1) Are the requirements in the final supplementary rules clearly=20
state?
    (2) Do the final supplementary rules contain technical language or=20
jargon that interferes with their clarity?
    (3) Does the format of the final supplementary rules (grouping and=20
order of sections, use of headings, paragraphing, etc.) aid or reduce=20
their clarity?
    (4) Would the supplementary rules be easier to understand if they=20
were divided into more (but shorter) sections?
    (5) Is the description of the final supplementary rules in the=20
SUPPLEMENTARY INFORMATION section of this preamble helpful to your=20
understanding of the Final supplementary rules? How could this=20
description be more helpful in making the Final supplementary rules=20
easier to understand?

Please send any comments you have on the clarity of the supplementary=20
rules to the address specified in the ADDRESSES section.

National Environmental Policy Act

    In July 2004, the BLM completed an environmental impact statement=20
(EIS) as part of the development of the Proposed RMP and Final EIS for=20
the Colorado Canyons National Conservation Area (now McInnis Canyons=20
National Conservation Area), which includes the Black Ridge Canyons=20
Wilderness. During the National Environmental Policy Act process,=20
proposed decisions were fully analyzed, including the substance of=20
these supplementary rules. The pertinent analysis can be found in=20
Chapter 2, Alternatives, of the RMP. The Record of Decision for the RMP=20
was signed by the BLM Colorado State Director in October 2004. These=20
final supplementary rules provide for implementation of the decisions=20
in the RMP. The rationale for the decisions made in the plan is fully=20
covered in the EIS. The EIS is available for review in the BLM=20
administrative record at the address specified in the ADDRESSES=20
section.

Regulatory Flexibility Act

    Congress enacted the Regulatory Flexibility Act (RFA) of 1980, as=20
amended (5 U.S.C. 601-612) to ensure that Government regulations do not=20
unnecessarily or disproportionately burden small entities. The RFA=20
requires a regulatory flexibility analysis if a rule would have a=20
significant economic impact, either detrimental or beneficial, on a=20
substantial number of small entities. These supplementary rules merely=20
establish rules of conduct for public use of a limited area of public=20
lands. Therefore, the BLM has determined under the RFA that the=20
supplementary rules would not have a significant economic impact on a=20
substantial number of small entities.

Small Business Regulatory Enforcement Fairness Act

    These supplementary rules are not considered a ``major rule'' as=20
defined under 5 U.S.C. 804(2). The supplementary rules are rules of=20
conduct for public use of a limited area of public lands and do not=20
affect commercial or business activities of any kind.

Unfunded Mandates Reform Act

    These supplementary rules do not impose an unfunded mandate on=20
State, local, or Tribal governments in the aggregate, or the private=20
sector of more than $100 million per year; nor do they have a=20
significant or unique effect on small governments. The rules have no=20
effect on governmental or Tribal entities and would impose no=20
requirements on any of these entities. The supplementary rules merely=20
establish rules of conduct for public use of a limited selection of=20
public lands and do not affect Tribal, commercial, or business=20
activities of any

[[Page 38542]]

kind. Therefore, the BLM is not required to prepare a statement=20
containing the information required by the Unfunded Mandates Reform Act=20
(2 U.S.C. 1531 et seq.).

Executive Order 12630, Governmental Actions and Interference With=20
Constitutionally Protected Property Rights (Takings)

    These supplementary rules do not have significant takings=20
implications, nor are they capable of interfering with=20
Constitutionally-protected property rights. The supplementary rules=20
merely establish rules of conduct for public use of a limited area of=20
public lands and do not affect anyone's property rights. Therefore, the=20
BLM has determined that these rules will not cause a ``taking'' of=20
private property or require preparation of a takings assessment under=20
this Executive Order.

Executive Order 13132, Federalism

    These supplementary rules will not have a substantial direct effect=20
on the States, the relationship between the national government and the=20
States, nor the distribution of power and responsibilities among the=20
various levels of government. These supplementary rules do not come=20
into conflict with any State law or regulation. Therefore, in=20
accordance with Executive Order 13132, the BLM has determined that=20
these supplementary rules do not have sufficient Federalism=20
implications to warrant preparation of a Federalism Assessment.

Executive Order 12988, Civil Justice Reform

    Under Executive Order 12988, the BLM has determined that these=20
rules will not unduly burden the judicial system and that they meet the=20
requirements of sections 3(a) and 3(b)(2) of the Order.

Executive Order 13175, Consultation and Coordination With Indian Tribal=20
Governments

    In accordance with Executive Order 13175, the BLM has found that=20
these supplementary rules do not include policies that have Tribal=20
implications. The supplementary rules do not affect land held for the=20
benefit, nor impede the rights of Indians or Alaska Natives.

Executive Order 13211, Actions Concerning Regulations That=20
Significantly Affect Energy Supply, Distribution, or Use

    These final supplementary rules do not comprise a significant=20
energy action. The rules will not have an adverse effect on energy=20
supplies, production, or consumption. The rules would have no=20
conceivable connection with energy policy.

Executive Order 13352, Facilitation of Cooperative Conservation

    In accordance with Executive Order 13352, the BLM has determined=20
that these supplementary rules will not impede facilitating cooperative=20
conservation; will take appropriate account of and consider the=20
interests of persons with ownership or other legally recognized=20
interests in land or other natural resources; properly accommodate=20
local participation in the Federal decision-making process; and provide=20
that the programs, projects, and activities are consistent with=20
protecting public health and safety. These rules merely establish rules=20
of conduct for recreational use of certain public lands.

Paperwork Reduction Act

    These supplementary rules do not directly provide for any=20
information collection that the Office of Management and Budget must=20
approve under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. Any=20
information collection that may result from Federal criminal=20
investigations or prosecution conducted under these proposed=20
supplementary rules is exempt from the provisions of the Paperwork=20
Reduction Act of 1995, as provided at 44 U.S.C. 3518(c)(1).

Information Quality Act

    In developing these supplementary rules, the BLM did not conduct or=20
use a study, experiment or survey requiring peer review under the=20
Information Quality Act (Section 515 of Pub. L. 106-554).

Author

    The principal author of this supplementary rule is Eric Boik, Law=20
Enforcement Officer, Bureau of Land Management Colorado, Grand Junction=20
Field Office, Grand Junction, CO.
    For the reasons stated in the preamble, and under the authorities=20
for supplementary rules found at 43 U.S.C. 1740 and 43 CFR 8365.1-6,=20
the Colorado State Director, Bureau of Land Management, issues=20
supplementary rules for public lands managed by the BLM in Colorado, to=20
read as follows:

Final Supplementary Rules for Public Lands in Colorado: McInnis Canyons=20
National Conservation Area

    These supplementary rules apply, except as specifically exempted,=20
to activities within the McInnis Canyons National Conservation Area=20
(MCNCA), which is comprised of public lands administered by the Bureau=20
of Land Management (BLM) near Grand Junction, Colorado. These=20
supplementary rules are in effect on a year-round basis and will remain=20
in effect until modified by the authorized officer.

Prohibited Acts

    1. You must not camp in sites or areas not designated as open to=20
camping by a BLM sign or map.
    2. You must not start or maintain a fire in sites or areas not=20
designated as open for such use by a BLM sign or map.
    3. In areas designated as open for starting or maintaining a fire,=20
any fire must be fully contained in a metal fire grate, fire pan, or=20
other metal device to contain ashes. Mechanical stoves and other=20
appliances that are fueled by gas, and equipped with a valve that=20
allows the operator to control the flame, are among the devices that=20
meet this requirement.
    4. When starting or maintaining a fire outside of a developed=20
recreation site, you must contain and completely remove fire ashes and=20
debris from BLM land.
    5. You must not cut, collect, or use live, dead, or down wood=20
except in areas designated as open to such use by a BLM sign or map.
    6. The hours of operation are sunrise to sunset in any area that is=20
for day-use only as indicated by a BLM sign or map. You must not enter=20
or remain in such an area after sunset or before sunrise. Licensed=20
hunters in legitimate pursuit of game during the proper season may=20
access and remain in day use-only areas during the time periods defined=20
as legal hunting hours by the Colorado Division of Wildlife.
    7. You must not park in areas not designated for parking by a BLM=20
sign or map.
    8. Exceeding group size limits, as indicated by a BLM sign or map,=20
is prohibited.
    9. Exceeding length of stay limits, as indicated by a BLM sign or=20
map, is prohibited.
    10. Individuals and/or groups must register and possess proof of=20
registration as indicated by a BLM sign or map.
    11. You must not use roads and/or trails by motorized or mechanized=20
vehicle or equestrian or pedestrian travel except where designated as=20
open to such use by a BLM sign or map.
    12. You must not discharge a firearm of any kind, including those=20
used for target shooting or paintball. Licensed hunters in legitimate=20
pursuit of game during the proper season with

[[Page 38543]]

appropriate firearms, as defined by the Colorado Division of Wildlife,=20
are exempt from this rule.
    13. You must not collect or disturb rocks, minerals, fossils,=20
chipped rocks, arrowheads, or other paleontological, prehistoric or=20
historical artifacts.
    14. You must not enter an area that is designated as closed by a=20
BLM sign or map.
    15. You must remove and properly dispose of canine solid waste when=20
and where indicated by a BLM sign or map.
    16. You must not bring any dog into the MCNCA that is not=20
controlled by visual, audible, or physical means.
    17. You must not burn wood or other material containing nails,=20
glass, or any metal.
    18. You must dispose of solid human waste as indicated by a BLM=20
sign or map.

Exemptions

    The following persons are exempt from these supplementary rules:
    A. Any Federal, State, local and/or military in the scope of their=20
duties;
    B. Members of any organized rescue or fire-fighting force in=20
performance of an official duty;
    C. Persons, agencies, municipalities, or companies holding an=20
existing special-use permit inside the MCNCA and operating within the=20
scope of their permit.

Penalties

    Under the Taylor Grazing Act of 1934, 43 U.S.C. 315a, any willful=20
violation of these supplementary rules on public lands within a grazing=20
district shall be punishable by a fine of not more than $500.
    Under Section 303(a) of the Federal Land Policy and Management Act=20
of 1976, 43 U.S.C. 1733(a), and 43 CFR 8360.0-7, any person who=20
violates any of these supplementary rules may be tried before a United=20
States Magistrate and fined no more than $1,000, imprisoned for no more=20
than 12 months, or both.
    Such violations may also be subject to the enhanced fines provided=20
for by 18 U.S.C. 3571.

Anna Marie Burden,
Acting State Director.
[FR Doc. 2010-16148 Filed 7-1-10; 8:45 am]
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