Federal Register / Vol. 75, No. 238 / Monday, December 13, 2010 / Notices 77655 

cannot guarantee that we will be able to 

do so. 

Thomas Pogacnik, 

Deputy State Director, Natural Resources. 

Authority: 40 CFR 1501.7 and 43 CFR 

1610.2. 

[FR Doc. 2010–31139 Filed 12–10–10; 8:45 am] 

BILLING CODE 4310–40–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[LLCOS06000 L91310000.EI0000] 

Notice of Proposed Supplementary 

Rules for Public Lands in Colorado: 

Saguache, Alamosa, Rio Grande, 

Conejos, and Costilla Counties 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Proposed supplementary rules. 

SUMMARY: The Bureau of Land 

Management (BLM) Colorado is 

proposing supplementary rules for 

public land included in the San Luis 

Resource Area Travel Management Plan 

(TMP), approved on June 4, 2009. These 

supplementary rules would apply to the 

public lands within Saguache, Alamosa, 

Rio Grande, Conejos, and Costilla 

Counties, Colorado, within the TMP, 

and under the management of the San 

Luis Valley Public Lands Center. The 

proposed rules implement decisions 

found in the TMP relating to the use of 

the lands, conduct of visitors, health 

and safety of visitors, and protection of 

visitors and natural resources. 

DATES: You should submit your 

comments by February 11, 2011. 

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 submit comments 

by the following methods: Mail or handdeliver: Larry Velarde, Bureau of Land 

Management, San Luis Valley Public 

Lands Center, 1803 West Hwy 160, 

Monte Vista, Colorado, 81144. 

You may also submit comments via 

electronic mail to: 

rgfo_comments@blm.co.gov (include 

‘‘Attn: San Luis Resource Area Travel 

Management Plan’’ in the subject line). 

FOR FURTHER INFORMATION CONTACT: 

Larry Velarde, Natural Resource 

Specialist, Recreation, San Luis Valley 

Public Lands Center, 1803 West Hwy 

160, Monte Vista, Colorado 81144, (719) 

852–5941. Persons who use a 

telecommunications device for the deaf 

(TDD) may contact these individuals by 

calling the Federal Information Relay 

Service (FIRS) at (800) 877–8339, 24 

hours a day, 7 days a week. 

SUPPLEMENTARY INFORMATION: 

I. Authority 

II. Public Comment Procedures 

III. Background 

IV. Discussion of the Proposed 

Supplementary Rules 

V. Procedural Matters 

I. Authority 

43 U.S.C. 1740, 43 U.S.C. 315a, 43 

CFR 8341.1, 8364.1, and 8365.1–6. 

II. Public Comment Procedures 

You may mail or hand-deliver 

comments to the Bureau of Land 

Management, San Luis Valley Public 

Lands Center, 1803 West Hwy 160, 

Monte Vista, Colorado 81144, or e-mail 

to rgfo_comments@blm.co.gov. 

Written comments on the proposed 

supplementary rule 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. The 

BLM is not obligated to consider or 

include in the Administrative Record 

for the final supplementary rule, 

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 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 San 

Luis Valley Public Lands Center address 

listed in ADDRESSES during regular 

business hours (8 a.m. to 4 p.m., 

Monday through Friday, except Federal 

holidays). Before including your 

address, phone number, e-mail 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. 

III. Background 

A ‘‘Notice of Intent to Prepare the San 

Luis Resource Valley Travel 

Management Plan and Amend San Luis 

Valley Resource Management Plan and 

Start the Scoping Period’’ was 

announced in the Federal Register on 

March 30, 2004 (69 FR 16599). The 

completion of the San Luis Resource 

Area TMP Environmental Assessment 

(EA) led to a 30-day public comment 

period, starting on June 3, 2008. 

Following analysis of the public 

comments, the BLM issued two 

decisions: An RMP amendment 

proposed decision record (May 14, 

2009), and an implementation decision 

on the San Luis Resource Area TMP 

(June 4, 2009). The decision restricts offhighway vehicle use to designated roads 

and trails in the TMP area and includes 

discussion of the proposed 

supplementary rules. 

IV. Discussion of the Proposed 

Supplementary Rules 

These proposed supplementary rules 

apply to the public lands within the San 

Luis Resource Area TMP area. The TMP 

area consists of 520,945 acres of public 

lands within Saguache, Alamosa, Rio 

Grande, Conejos, and Costilla Counties, 

Colorado, in the following described 

townships: 

Colorado, New Mexico Principal Meridian 

T. 45 N., R. 4 E. through T. 45 N., R. 11 E.; 

T. 46 N., R. 4 E. through T. 46 N., R. 11 E.; 

T. 41 N., R. 6 E. and R. 7 E.; 

T. 40 N., R. 4 E. through T. 40 N., R. 6 E.; 

T. 40 N., R. 11 E.; 

T. 42 N., R. 5 E. through T. 42 N., R. 7 E.; 

T. 42 N., R. 9 E. and R. 10 E.; 

T. 43 N., R. 5 E. through T. 43 N., R. 7 E.; 

T. 43 N., R. 9 E. through T. 43 N., R. 12 E.; 

T. 44 N., R. 4 E. through T. 44 N., R. 12 E.; 

T. 47 N., R. 7 E. through T. 47 N., R. 10 E.; 

T. 48 N., R 8 E. and R. 9 E.; 

T. 36 N., R. 6 E. through T. 36 N., R. 8 E.; 

T. 36 N., R. 11 E. and R. 12 E.; 

T. 38 N., R. 6 E. and R. 7 E.; 

T. 38 N., R. 11 E. through T. 38 N., R. 13 E.; 

T. 37 N., R. 6 E. and R. 7 E.; 

T. 37 N., R. 12 E. and R. 13 E.; 

T. 37 N., R. 4 E. through T. 37 N., R. 7 E.; 

T. 37 N., R. 11 E. through T. 37 N., R. 13 E.; 

T. 32 N., R. 7 E. through T. 32 N., R. 11 E.; 

T. 33 N., R. 8 E. through T. 33 N., R. 11 E.; 

T. 34 N., R. 6 E. through T. 34 N., R. 8 E.; 

T. 34 N., R. 10 E. and R. 11 E.; 

T. 35 N., R. 5 E. through T. 35 N., R. 8 E.; 

and 

T. 35 N., R. 10 E. and R. 11 E. 

6th Principal Meridian 

T. 27 S., 73 W. through T. 29 S., R. 73 W. 

The proposed supplementary rules 

are consistent with the record of 

decision of the San Luis Resource Area 

TMP, approved on June 4, 2009. The 

TMP includes specific management 

actions that restrict certain activities 

and define allowable uses. Restrictions 

on general travel and off-highway 

vehicle use are intended to enhance 

user safety and ensure compliance with 

travel management restrictions. These 

restrictions are designed to protect 

critical resources and scenic values in 


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77656 Federal Register / Vol. 75, No. 238 / Monday, December 13, 2010 / Notices 

different management areas within the 

TMP. The proposed supplementary 

rules implement these management 

actions within the San Luis Resource 

Area TMP area. The proposed rules 

apply to mechanized and motorized 

travel. A mechanized vehicle is 

propelled by human power without use 

of a motor. Motorized use includes offroad vehicles and off-highway vehicles, 

and may include motorcycles, all-terrain 

vehicles, or full-sized vehicles. The 

restrictions include limiting motorized 

travel to designated and signed routes, 

limiting mountain bikes and other 

mechanized vehicles to routes 

designated and signed for motorized 

and mechanized use only, closing crosscountry travel off of designated routes 

for motorized and mechanized vehicles, 

closing the area to snowmobile use off 

of designated routes except for the 

designated Villa Grove Snowmobile 

Area, and closing motorized and 

mechanized travel in critical winter 

wildlife habitat yearly from January 1 to 

April 30. This closure would be 

adjusted to December 1 through April 

30 should the Colorado Division of 

Wildlife close late season cow elk hunts 

in Game Management Units 68, 681, 

682, 79, 791, 80, 81, 82, 861, and 83. 

Those routes utilized for commercial, 

administrative, and private property 

access will remain available for those 

uses during the seasonal motorized 

restriction period. Any seasonal 

restriction will not affect county 

maintained roads, rights-of-ways, or 

legal easements. This notice, with 

detailed maps, will be available at the 

San Luis Valley Public Lands Center. 

V. Procedural Matters 

Executive Order 12866, Regulatory 

Planning and Review 

These supplementary rules would not 

comprise a significant regulatory action 

and are not subject to review by the 

Office of Management and Budget under 

Executive Order 12866. These 

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, the 

environment, public health or safety, or 

State, local, or Tribal governments or 

communities. These supplementary 

rules would not create a serious 

inconsistency or otherwise interfere 

with an action taken or planned by 

another agency. The supplementary 

rules would not materially alter the 

budgetary effects of entitlements, grants, 

user fees, loan programs, or the rights or 

obligations of their recipients, nor do 

they raise novel legal or policy issues. 

These rules merely govern conduct for 

public use of a limited selection of 

public lands. 

Clarity of the Supplementary 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 supplementary rules easier 

to understand, including answers to 

questions such as the following: 

(1) Are the requirements in the 

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 

supplementary rules (grouping and 

order of sections, use of headings, 

paragraphing, etc.) aid or reduce 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 

SUPPLEMENTARY INFORMATION section of 

this preamble helpful in understanding 

the supplementary rules? How could 

this description be more helpful in 

making the supplementary rules easier 

to understand? 

Please send any comments you have 

on the clarity of the proposed 

supplementary rule to the addresses 

specified in the ADDRESSES section. 

National Environmental Policy Act 

These proposed supplementary rules 

implement key land use planning 

decisions in the San Luis Resource Area 

TMP, approved on June 4, 2009. During 

the National Environmental Policy Act 

process for the TMP, many proposed 

decisions were fully analyzed, including 

the substance of these supplementary 

rules. The BLM has placed the San Luis 

Resource Area TMP Environmental 

Assessment EA, Finding of No 

Significant Impact, and Decision Record 

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 supplementary rules 

merely establish rules of conduct for 

public use of a limited area of public 

lands and protect the health and safety 

of visitors and natural resources. 

Therefore, the BLM has determined 

under the RFA that the 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). 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. These rules 

would not result in an annual effect on 

the economy of $100 million or more; 

cause a major increase in costs or prices 

for consumers, individual industries, 

Federal, State, or local government 

agencies, or geographic regions; or have 

significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or on the 

ability of United States-based 

enterprises to compete with foreignbased enterprises in domestic and 

export markets. 

Unfunded Mandates Reform Act 

These supplementary rules 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 these rules have a 

significant or unique effect on State, 

local, or Tribal governments or the 

private sector. The rules would have no 

effect on State, local, or Tribal 

governments and would not impose any 

requirements on any of these entities. 

The supplementary rules merely 

establish rules of conduct for public use 

of a limited area of public lands to 

protect the health and safety of visitors 

and natural resources and do not affect 

Tribal, commercial, or business 

activities of any kind. 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) 

The proposed supplementary rules 

would not represent a government 

action capable of interfering with 

constitutionally protected property 

rights. These supplementary rules do 

not address property rights in any form, 

and do not cause the impairment of 

one’s property rights. Therefore, the 

BLM has determined that the proposed 


wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1
Federal Register / Vol. 75, No. 238 / Monday, December 13, 2010 / Notices 77657 

supplementary rules would not cause a 

‘‘taking’’ of private property or require 

further 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. These 

supplementary rules do not conflict 

with any Colorado State law or 

regulation. 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 

Colorado State Office of the BLM has 

determined that the 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, BLM has found that these 

proposed supplementary rules do not 

include policies that have Tribal 

implications. The proposed 

supplementary rules merely restrict the 

use of motorized vehicles to certain 

areas and do not involve Indian lands, 

property rights, or sacred sites access. 

However, formal consultation with 14 

Tribes was completed for the San Luis 

Resource Area TMP. 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

Under Executive Order 13211, BLM 

has determined that the proposed 

supplementary rules would not 

comprise a significant energy action. 

These rules would not have an adverse 

effect on energy supplies, production, or 

consumption and have no connection 

with energy policy. 

Paperwork Reduction Act 

The proposed supplementary rules 

would not directly provide for any 

information collection that the Office of 

Management and Budget must approve 

under the Paperwork Reduction Act of 

1995, 44 U.S.C. 3501 et seq. Any 

information collection that may result 

from Federal criminal investigations or 

prosecutions conducted under these 

proposed supplementary rules are 

exempt from the provisions of 44 U.S.C. 

3518(c)(1). 

Author 

The principal author of these 

supplementary rules is John Murphy, 

Natural Resource Specialist, Recreation, 

San Luis Valley Public Lands Center, 

Bureau of Land Management. 

For the reasons stated in the 

Preamble, and under the authorities of 

43 U.S.C. 315a and 1740, and 43 CFR 

8365.1–6, the Colorado State Director, 

Bureau of Land Management proposes 

supplementary rules for public lands 

within the San Luis Valley Travel 

Management Plan Area administered by 

the BLM San Luis Valley Public Lands 

Center in Monte Vista, Colorado, to read 

as follows: 

Proposed Supplementary Rules for the 

San Luis Valley Travel Management 

Plan Area 

Definitions 

Camping means erecting a tent or a 

shelter of natural or synthetic materials, 

preparing a sleeping bag or other 

bedding material for use, or parking a 

motor vehicle, motor home, or trailer for 

the purpose or apparent purpose of 

overnight occupancy. 

Designated road or trail means roads 

and trails open to specified modes of 

travel and identified on a map of 

designated roads and trails that is 

maintained and available for public 

inspection at the Bureau of Land 

Management (BLM) San Luis Valley 

Public Lands Center, Monte Vista, 

Colorado. Designated roads and trails 

are open to public use in accordance 

with such limits and restrictions as are, 

or may be, specified in the resource 

management plan (RMP) or travel 

management plan (TMP), or in future 

decisions implementing the RMP. 

However, this definition excludes any 

road or trail with BLM-authorized 

restrictions that prevent use of the road 

or trail. Restrictions may include signs 

or physical barriers such as gates, 

fences, posts, branches, or rocks. 

Public land means any land or 

interest in land owned by the United 

States and administered by the 

Secretary of the Interior through the 

BLM without regard to how the United 

States acquired ownership. 

Mechanized vehicle is propelled by 

human power without use of a motor. 

Motorized vehicle is used 

synonymously with off-road vehicles 

and off-highway vehicles, and may 

include motorcycles, all-terrain 

vehicles, or full-sized vehicles. 

Prohibited Acts 

1. You must not enter an area 

designated as closed by a BLM sign or 

map. 

2. You must not use mechanized or 

motorized vehicles on roads and/or 

trails except where designated as open 

to such use by a BLM sign or map. 

3. You must not travel cross-country 

with a snowmobile except where 

designated as open to such use by a 

BLM sign or map. 

4. You must not park a motorized 

vehicle or trailer farther than 300 feet 

from a designated motorized road or 

trail. 

5. You must not use a motorized 

vehicle or trailer for camping more than 

300 feet from a designated road or trail. 

6. You must not use a motorized 

vehicle for retrieving game more than 

300 feet from a designated road or trail. 

Exemptions 

The following persons are exempt 

from these supplementary rules: Any 

Federal, State, local, and/or military 

employee acting within the scope of 

their duties; members of any organized 

rescue or fire-fighting force or law 

enforcement in performance of an 

official duty; and persons, agencies, 

municipalities, or individual authorized 

by the BLM while operating within the 

scope of their permit or authorization. 

Penalties 

Under the Taylor Grazing Act of 1934, 

43 U.S.C. 315a, any willful violation of 

these supplementary rules on public 

lands within a grazing district shall be 

punishable by a fine of not more than 

$500. 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, any person who violates 

any of these supplementary rules on 

public lands within Colorado may be 

tried before a United States Magistrate 

and fined no more than $1,000 and/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. 

John Mehlhoff, 

Associate State Director. 

[FR Doc. 2010–31204 Filed 12–10–10; 8:45 am] 

BILLING CODE 4310–JB–P 


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