103672 Federal Register / Vol. 89, No. 244 / Thursday, December 19, 2024 / Rules and Regulations 

(Authority: 43 U.S.C. 1733, 43 U.S.C. 1740; 

43 CFR 8365.1–6). 

Douglas J. Vilsack, 

BLM Colorado State Director. 

[FR Doc. 2024–30218 Filed 12–18–24; 8:45 am] 

BILLING CODE 4331–16–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

43 CFR Part 8360 

[BLM_CO_FRN_MO4500180623] 

Notice of Final Supplementary Rule for 

Public Lands Administered by the Tres 

Rios Field Office in Archuleta, La Plata, 

Montezuma, Dolores, San Miguel, and 

Montrose Counties, and by the 

Gunnison Field Office in Gunnison, 

Ouray, San Juan, and Hinsdale 

Counties, Colorado 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Final supplementary rule. 

SUMMARY: The Bureau of Land 

Management (BLM) is finalizing a 

supplementary rule for BLMadministered public lands in the Tres 

Rios Field Office (TRFO) and Gunnison 

Field Office (GFO). The final 

supplementary rule will allow the BLM 

to implement and enforce decisions 

related to motorized and non-motorized 

vehicles, day-use areas, seasonal 

wildlife habitat protection, camping, 

and campfires. 

DATES: The final supplementary rule is 

effective on January 18, 2025. 

ADDRESSES: Inquiries may be directed to 

the BLM TRFO, 29211 Highway 184, 

Dolores, CO 81323, or at (970) 882– 

1120; or to the BLM GFO, 2500 E. New 

York Ave, Gunnison, CO 81230 or at 

(970) 642–4940. 

FOR FURTHER INFORMATION CONTACT: 

Tyler Fouss, Field Staff Ranger, BLM 

TRFO, 29211 Highway 184, Dolores, CO 

81323; telephone 970–882–1131; email: 

tfouss@blm.gov. Individuals in the 

United States who are deaf, deafblind, 

hard of hearing, or have a speech 

disability may dial 711 (TTY, TDD, or 

TeleBraille) to access 

telecommunications relay services. 

Individuals outside the United States 

should use the relay services offered 

within their country to make 

international calls to the point-ofcontact in the United States. 

SUPPLEMENTARY INFORMATION: 

I. Background 

II. Discussion of Public Comments 

III. Discussion of Final Supplementary Rule 

IV. Procedural Matters 

V. Final Supplementary Rule 

I. Background 

The BLM is establishing this 

supplementary rule under the authority 

of 43 CFR 8365.1–6, which authorizes 

BLM State Directors to establish 

supplementary rules for the protection 

of persons, property, and public lands 

and resources. 

In 2015, the TRFO approved a 

Resource Management Plan (RMP) to 

replace portions of the San Juan/San 

Miguel RMP that are within the 

jurisdiction of the TRFO (previously 

known as the San Juan Resource Area). 

The two approved RMPs and Records of 

Decision provide direction on how the 

BLM will manage public lands in 

Archuleta, La Plata, Montezuma, 

Dolores, San Miguel, Montrose, 

Gunnison, San Juan, Ouray, and 

Hinsdale counties, Colorado, except for 

public lands that are within the Canyon 

of the Ancients National Monument, 

which is managed under a separate RMP 

approved in 2010. During the public 

planning and analysis processes for the 

TRFO RMP, the BLM identified the 

need to establish a supplementary rule 

to provide for visitor health and safety 

and to protect cultural, wildlife, and 

natural resources on public lands 

managed by the BLM. 

The TRFO RMP carries forward 

decisions in the Dolores River Corridor 

Management Plan (CMP) and the Alpine 

Triangle Recreation Area Management 

Plan (RAMP), which were approved in 

1990 and 2010, respectively. The 

Silverton Travel Management Plan 

(TMP) and the TRFO Transportation 

and Access Plan for Travel Area 1 

(TAP1) were both approved in 2020. 

Over the past 10 years, the BLM has 

recorded increases in visitation numbers 

and subsequent pressures to Special 

Recreation Management Areas (SRMAs), 

critical winter wildlife habitat areas, 

and archaeological sites throughout the 

TRFO and GFO. To address the growing 

concerns, the BLM is establishing this 

supplementary rule to implement 

decisions in the five management plans 

to protect visitor health and safety and 

prevent natural and cultural resource 

degradation. 

When the BLM adopted the TRFO 

RMP, the plan included BLM-managed 

lands that are now under the 

jurisdiction of the GFO due to changes 

in the TRFO and GFO boundaries. 

Neither the TRFO RMP nor the GFO 

RMP have been updated to reflect these 

changes; thus, the rule will also apply 

to BLM-managed lands now 

administered by the GFO in parts of 

Hinsdale, San Juan, and Ouray counties. 

Several sections of the rule will 

implement decisions spanning all 

public lands managed by the BLM in the 

TRFO and GFO. Other sections will 

apply only to specific types of BLMmanaged lands, such as SRMAs or 

critical winter wildlife habitat areas 

experiencing the most visitation. The 

rule will only address land use 

limitations and restrictions previously 

proposed, analyzed, and approved as 

part of the public planning processes for 

the TRFO RMP, Dolores River CMP, 

Alpine Triangle RAMP, Silverton TMP, 

and TRFO TAP1, and their associated 

environmental impact statements (EIS) 

or environmental assessments (EA). The 

BLM developed the five management 

plans with extensive input from the 

public, Tribes, and elected officials 

through scoping, opportunities for 

public comment, and resource advisory 

committee meetings. The BLM took the 

following steps to involve the public in 

developing the plans that are the basis 

for this final supplementary rule: 

1. The TRFO RMP was initially a joint 

agency planning effort by the BLM and 

U.S. Forest Service, which included 

extensive public participation in 

determining appropriate uses in the 

planning area. Public comments and 

input received during all planning 

stages resulted in the BLM fine-tuning 

the TRFO RMP, which applies only to 

public lands managed by the BLM. 

2. Public participation for the Dolores 

River CMP was a coordinated effort 

consisting of a task force of people 

representing diverse interests, including 

local governments, private landowners, 

wildlife and fishing enthusiasts, 

resource conservationists, and private 

and commercial boaters. In addition, the 

BLM hosted several public meetings in 

local communities surrounding the 

planning area to consider options for 

managing the river canyon. 

3. Public participation was vital to 

developing the Alpine Triangle RAMP. 

The BLM developed and implemented a 

public involvement strategy to obtain 

input from a diverse group of 

stakeholders and set the stage for 

community support. 

4. The public involvement effort for 

the Silverton TMP included 

opportunities for the public to provide 

feedback during scoping and review of 

the EA and a BLM open house public 

meeting at Kendall Mountain in 

Silverton, Colorado. 

5. To develop the TRFO TAP1, the 

BLM met with various individuals, 

organizations, and interest groups 

representing motorized, equestrian, and 

mechanized users as well as 

conservation organizations. The BLM 


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also hosted open-house meetings to 

solicit initial public input. 

II. Discussion of Public Comments 

The BLM published a proposed 

supplementary rule on February 28, 

2024 (89 FR 14606) and received 24 

comments during the 60-day public 

comment period. Five commenters 

expressed support for the 

supplementary rule. 

One commenter expressed opposition 

to proposed rules restricting 

mechanized travel and indicated that 

the rule is an affront to accessibility for 

people unable to walk or bike. Under 

proposed Rules 1, 4, 8, and 12, 

mechanized travel is allowed on 

designated routes. Proposed Rules 5 and 

7 prohibit all mechanized travel within 

the Perins Peak Wildlife Management 

Area, designated Wilderness Study 

Areas, and the Coyote Wash and 

Snaggletooth lands with wilderness 

characteristics. Proposed Rule 4 

prohibits mechanized vehicles within 

the Willow Creek Wildlife Management 

Area from December 1 through June 30 

each year. The proposed rule’s 

definition of mechanized travel exempts 

wheelchairs from mechanized-travel 

restrictions. Any change to the 

mechanized travel restrictions would 

require the BLM to amend the 

underlying RMP. The BLM did not 

revise the final supplementary rule in 

response to this comment. 

One commenter indicated that 

proposed rule 24, which states that 

‘‘You must register at a developed BLM 

river launch point prior to watercraft 

use from Bradfield Bridge to Bedrock,’’ 

is unclear. In response, the BLM is 

clarifying the language in the final rule 

to read that the rule applies only to river 

trips. The same commenter stated that 

the rule cannot apply to private lands. 

The proposed rule already stipulates 

that it applies only to specified BLM 

public lands as does the final rule, so no 

change is needed. 

One commenter stated that the TRFO 

RMP does not have a Phil’s World 

Recreation Management Zone (RMZ), 

does not specify that wildlife closures 

are to be lifted on April 15 of each year, 

and does not have restrictions for 

domestic animals in the Cortez SRMA, 

Durango SRMA, or Silverton SRMA. In 

response to this comment, the final rule 

changes the reference to ‘‘Phil’s World 

RMZ’’ in proposed Rule 16 to the 

‘‘Phil’s World Area.’’ Lifting wildlife 

closures on April 15 is specific to the 

annual Durango area wildlife closures as 

set forth in the TRFO RMP. Restrictions 

pertaining to domestic animals are 

detailed in Appendix E of the TRFO 

RMP. 

One commenter disputed the 

proposed requirement in Rule 15 that, 

particularly within the Silverton SRMA, 

domestic animals such as dogs must be 

controlled by leash or voice command 

to prevent negative interactions between 

recreationalists and sheep herds, 

including the dogs used to protect them. 

The commenter indicated that the rule 

should apply to the dogs used to protect 

the sheep as well and that sheepherders 

should consider using less aggressive 

dog breeds. Any change to the decisions 

that domestic animals be leashed and 

under voice control in the Silverton 

SRMA would require the BLM to amend 

the underlying RMP. The BLM did not 

revise the final rule in response to this 

comment. 

A form email received from 14 

individuals expressed general concerns 

with what they view as arbitrary dates 

for closures, group size limits, and 

camping limitations and indicated that 

they do not want to see additional 

restrictions in the Dolores River 

corridor. The commenters further 

indicated that, if a certain amount of 

acreage is restricted to overnight 

camping, the BLM needs to open 

additional acreage somewhere else to 

accommodate the growing number of 

recreation users on public lands. 

Rules that have user-restriction dates 

are for winter wildlife closures, which 

are needed to reduce stress and impacts 

on wildlife. The restricted dates were 

analyzed as part of the Tres Rios RMP 

and correspond with the dates set by 

Colorado Parks and Wildlife for winter 

wildlife closures on State-managed 

public lands. Rules that have group-size 

limits are for river trips within the 

Dolores River corridor and were 

analyzed in the Dolores River CMP. 

Rules that have camping limitations are 

in place in the Cortez SRMA, the 

Durango SRMA, and within the Alpine 

Triangle. In the Cortez SRMA, the Phil’s 

World and Mud Springs areas are 

designated as day-use areas. Camping is 

available elsewhere within the Cortez 

SRMA. The Durango SRMA is in the 

urban interface with the City of 

Durango, and dispersed camping is 

available on BLM-managed public lands 

within a short distance from the 

Durango SRMA. In the Alpine Triangle, 

camping is only restricted around 

historic sites, and dispersed camping is 

allowed throughout the rest of the area 

and in developed campgrounds. Rules 

stipulating wildlife closure dates, group 

size limits, and camping restrictions 

were established in the five 

management plans and cannot be 

changed without plan amendments. 

One commenter indicated that 

proposed rule number 27, which states 

that ‘‘You must not gather dead or down 

wood,’’ should be clearer. In response to 

this comment, the BLM has revised the 

final rule to clarify that only the 

collection and burning of driftwood 

during river trips is prohibited, as 

specified in the Dolores River CMP. 

III. Discussion of the Final 

Supplementary Rule 

The final supplementary rule will 

apply only to public lands and facilities 

managed by the TRFO and the GFO. 

The decisions from the five 

management plans that this final 

supplementary rule will implement are 

focused on protecting public health and 

safety and preventing damage to natural 

and cultural resources. The five 

management plans include decisions 

concerning restrictions, prohibitions, 

and allowable uses to address identified 

issues or achieve management goals and 

objectives. For these decisions to be 

effectively implemented, enforcement is 

needed, first to ensure the management 

decisions are properly understood and 

followed, and second to provide for 

civil and criminal penalties should 

these restrictions and prohibitions not 

be followed. Most public land users will 

not notice meaningful changes as many 

of the sections of the supplementary 

rule have been long-held 

recommendations that will now become 

regulations. 

IV. Procedural Matters 

Regulatory Planning and Review 

(Executive Orders (E.O.) 12866 and 

13563) 

The final supplementary rule is not a 

significant regulatory action and is not 

subject to review by the Office of 

Management and Budget under E.O. 

12866 as amended by E.O. 14094. The 

final supplementary rule will not have 

an annual effect of $200 million or more 

on the economy. It 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. The final supplementary 

rule will not create a serious 

inconsistency or otherwise interfere 

with an action taken or planned by 

another agency. The final 

supplementary rule will not materially 

alter the budgetary effects of 

entitlements, grants, user fees, loan 

programs, or the rights or obligations of 

their recipients; nor does it raise novel 

legal or policy issues. The final rule 

merely establishes rules of conduct for 

public use on a limited area of public 

lands. 


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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. The BLM considered economic 

impacts at the time the land use plans 

were developed and these impacts were 

deemed to be minimal. The BLM 

expects impacts from this final rule to 

affect a small number of outfitters and 

have only a minor socioeconomic 

impact relative to the area’s overall 

economy. 

The requirements contained within 

this final supplementary rule are based 

on decisions the BLM made when it 

developed five land-use management 

plans between 1990 and 2015. This final 

rule codifies those decisions so that the 

BLM can ensure the public properly 

understands and follows them. This 

final rule also provides for civil and 

criminal penalties should the public not 

follow these restrictions and 

prohibitions. Most public land users, 

including small businesses that operate 

on BLM-managed public lands, will not 

notice any meaningful changes as many 

of the sections of the supplementary 

rule have been long-held 

recommendations that the public has 

largely been following. These 

recommendations will now become 

regulations. Therefore, the BLM has 

determined under the RFA the final 

supplementary rule will not have a 

significant economic impact on a 

substantial number of small entities. 

Congressional Review Act 

This final supplementary rule is not 

‘‘major’’ as defined under 5 U.S.C. 

804(2). This rule: 

(a) Will not have an annual effect on 

the economy of $200 million or more. 

(b) Will not cause a major increase in 

costs or prices for consumers, 

individual industries, Federal, State, or 

local government agencies, or 

geographic regions. 

(c) Will not have significant adverse 

effects on competition, employment, 

investment, productivity, innovation, or 

the ability of U.S.-based enterprises to 

compete with foreign-based enterprises. 

Unfunded Mandates Reform Act 

This final supplementary rule will not 

impose an unfunded mandate on State, 

local, or Tribal governments in the 

aggregate, or the private sector, of more 

than $100 million per year, nor will it 

have a significant or unique effect on 

small governments. 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.). 

Governmental Actions, and Interference 

With Constitutionally Protected Property 

Rights (Takings) (E.O. 12630) 

The final supplementary rule is not a 

government action capable of interfering 

with constitutionally protected property 

rights. The final supplementary rule 

does not address property rights in any 

form and will not cause the impairment 

of constitutionally protected property 

rights. Therefore, the BLM has 

determined the final supplementary rule 

will not cause a ‘‘taking’’ of private 

property or require further discussion of 

takings implications under this 

Executive order. 

Federalism (E.O. 13132) 

The final supplementary rule will 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. The final 

supplementary rule does not conflict 

with any State law or regulation. 

Therefore, in accordance with E.O. 

13132, the BLM has determined the 

supplementary rule does not have 

sufficient Federalism implications to 

warrant preparation of a Federalism 

Assessment. 

Civil Justice Reform (E.O. 12988) 

Under E.O. 12988, the BLM has 

determined the final supplementary rule 

will not unduly burden the judicial 

system and the requirements of sections 

3(a) and 3(b)(2) of the Order are met. 

Consultation and Coordination With 

Indian Tribal Governments (E.O. 13175 

and Departmental Policy) 

In accordance with E.O. 13175, the 

BLM has determined the final 

supplementary rule does not include 

policies that have Tribal implications 

and will have no bearing on trust lands 

or on lands for which title is held in fee 

status by American Indian Tribes or 

U.S. Government-owned lands managed 

by the Bureau of Indian Affairs. Since 

the supplementary rule does not involve 

Indian reservation lands or resources, 

the BLM has determined government-togovernment relationships remain 

unaffected. 

Paperwork Reduction Act 

The final supplementary rule does not 

contain information collection 

requirements the Office of Management 

and Budget must approve under the 

Paperwork Reduction Act of 1995, 44 

U.S.C. 3501 through 3521. 

National Environmental Policy Act 

(NEPA) 

The final supplementary rule will 

allow the BLM to implement and 

enforce key decisions in the TRFO RMP, 

the Dolores River CMP, the Alpine 

Triangle RAMP, the Silverton TMP, and 

the TRFO TAP1 within TRFO and GFO. 

The supplementary rule will not change 

the NEPA analysis or decisions set forth 

in each of the plans. During the NEPA 

review for each of these planning 

efforts, the BLM fully analyzed the 

effects of this final supplementary rule 

in their respective NEPA documents: 

• TRFO RMP EIS (DOI–BLM–CO–S010– 

2011–0067–EIS) 

• Dolores River CMP EA (DOI–BLM– 

CO–030–SJ–90–46) 

• Alpine Triangle RAMP EA (DOI– 

BLM–CO–160–2008–023–EA) 

• Silverton TMP EA (DOI–BLM–CO– 

F070–2019–0008–EA) 

• TRFO TAP1 EA (DOI–BLM–CO– 

S010–2018–0013) 

The BLM prepared a Determination of 

NEPA Adequacy to confirm that the 

prior analyses and public comment 

processes were sufficient to inform the 

decision to establish this supplementary 

rule. Therefore, additional NEPA 

analysis is not required. Copies of the 

NEPA analysis and relevant decision 

document for each of the 

aforementioned plans, and the 

Determination of NEPA Adequacy for 

this supplementary rulemaking, are on 

file at the BLM offices at the addresses 

specified in the ADDRESSES section and 

electronic copies are available online at 

https://eplanning.blm.gov/eplanning-ui/ 

project/96401/510. 

Information Quality Act 

In developing the final supplementary 

rule, 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). 

Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use (E.O. 13211) 

The final supplementary rule does not 

comprise a significant energy action. 

The final supplementary rule will not 

have an adverse effect on energy supply, 

production, or consumption and have 

no connection with energy policy. 


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Facilitation of Cooperative Conservation 

(E.O. 13352) 

In accordance with E.O. 13352, the 

BLM has determined the final 

supplementary rule will not impede 

facilitating cooperative conservation; 

will take appropriate account of and 

consider the interests of persons with 

ownership or other legally recognized 

interests in land or other natural 

resources; will properly accommodate 

local participation in the Federal 

decision-making process; and will 

provide that the programs, projects, and 

activities are consistent with protecting 

public health and safety. 

Author 

The principal author of the final 

supplementary rule is Tyler Fouss, Field 

Staff Ranger, Bureau of Land 

Management, Tres Rios Field Office, 

Colorado. 

V. Final Supplementary Rule 

For the reasons stated in the 

preamble, and under the authorities for 

supplementary rules at 43 U.S.C. 1733, 

43 U.S.C. 1740, and 43 CFR 8365.1–6, 

the BLM Colorado State Director 

establishes this Supplementary Rule for 

public lands managed by the BLM in the 

Tres Rios Field Office and the Gunnison 

Field Office, to read as follows: 

FINAL SUPPLEMENTARY RULE FOR 

THE TRES RIOS FIELD OFFICE AND 

GUNNISON FIELD OFFICE 

Definitions 

Area of Critical Environmental 

Concern (ACEC) has the same meaning 

as it does at 43 CFR 1601.0–5(a). 

Campfire has the same meaning as it 

does at 43 CFR 8360.0–5(b). 

Camping means the erecting of a tent 

or shelter of natural or synthetic 

material, preparing a sleeping bag or 

other bedding material for use, parking 

of a motor vehicle, motor home or 

trailer, or mooring of a vessel, for the 

apparent purpose of recreational 

overnight occupancy. 

Designated travel route means roads 

and trails open to specified modes of 

travel and identified on a map of 

designated roads and trails available for 

public inspection at the BLM Tres Rios 

Field Office, Colorado. Designated roads 

and trails are open to public OHV use 

in accordance with such limits and 

restrictions as are, or may be, specified 

in the RMP or a Travel Management 

Plan (TMP), or in future decisions 

implementing the RMP. This definition 

excludes any road or trail with BLMauthorized restrictions preventing use of 

the road or trail. Restrictions may 

include, but are not limited to, signs or 

physical barriers such as gates, fences, 

posts, branches, or rocks. 

Fire pan means a metal container 

capable of containing a campfire for 

purposes of containing all ash and 

protecting the underlying soils from 

scorching. 

Herd Management Area means those 

lands under the supervision of the 

Bureau of Land Management managed 

for the maintenance of wild horse and 

burro herds. 

Historic structure means any 

prehistoric or historic district, site, 

building, structure, or object included 

in, or eligible for inclusion in, the 

National Register of Historic Places. The 

term includes properties of traditional 

religious and cultural importance to an 

Indian Tribe or Native Hawaiian 

organization and that meet the National 

Register criteria. The term ‘‘eligible for 

inclusion in the National Register of 

Historic Places’’ includes both 

properties formally determined as such 

by the Secretary of the Interior and all 

other properties that meet National 

Register of Historic Places listing 

criteria. 

Lands managed to protect wilderness 

characteristics means those lands that 

have been: 

(1) Inventoried and determined by the 

BLM to contain wilderness 

characteristics as defined in section 2(c) 

of the Wilderness Act; and 

(2) Identified to protect those 

characteristics through a land use 

planning process and subsequent 

Record of Decision. 

Mechanized vehicle means any device 

propelled solely by human power, upon 

which a person, or persons, may ride on 

land, having any wheels, with the 

exception of a wheelchair. 

Motorized vehicle means any vehicle 

propelled by a motor or engine, capable 

of, or designed for, travel on or 

immediately over land, water, or other 

natural terrain, such as a car, truck, offhighway vehicle, motorcycle, or 

snowmobile. Off-highway vehicle has 

the same meaning as it does in 43 CFR 

8340.0–5(a). 

Portable toilet means a washable, 

leak-proof, reusable toilet system that 

allows for the carry-out and disposal of 

solid human body waste in a 

responsible and lawful manner; the 

system must be adequate for the size of 

the group and length of the trip. If a Wag 

Bag system is used it must be in a hardsided, clamped or screw top container— 

not a dry bag. 

Public lands has the same meaning as 

it does at 43 U.S.C. 1702(e). 

Resource damage means damage to or 

disturbance of the soil, wildlife, wildlife 

habitat, improvements, cultural, or 

vegetative resources. 

Special Recreation Management Area 

(SRMA) means an administrative unit 

where the existing or proposed 

recreation opportunities and recreation 

setting characteristics are recognized for 

their unique value, importance and/or 

distinctiveness, especially as compared 

to other areas used for recreation. 

Wilderness Study Area (WSA) means 

an area that has been identified as a 

Wilderness Study Area in either the 

Gunnison or TRFO RMPs. 

Prohibited Acts 

Unless otherwise authorized, the 

following acts are prohibited on all 

public lands, roads, trails, and 

waterways administered by the BLM 

within the areas defined: 

Within the Cortez Special Recreation 

Management Area (SRMA), the Dolores 

River SRMA, the Durango SRMA, the 

Ancestral Puebloan Area of Critical 

Environmental Concern (ACEC), the 

Gypsum Valley ACEC, the Mesa Verde 

Escarpment ACEC, the Perins Peak and 

Willow Creek Wildlife Management 

Areas, the Spring Creek Wild Horse 

Herd Management Area, as identified in 

the TRFO RMP: 

1. You must not operate or possess a 

mechanized vehicle on any route, trail, 

or area not designated as open to such 

use, unless you are using a mechanized 

game cart to retrieve a large game 

animal with a valid carcass tag. Game 

carts are not allowed within the Perins 

Peak Wildlife Management Area. 

2. You must not use vehicles designed 

for traveling over snow unless there is 

adequate snow cover to protect the 

underlying vegetation and soils from the 

impact of that use. This use is 

prohibited in designated Wilderness, 

Wilderness Study Areas (WSAs), or 

lands with wilderness characteristics 

that are managed to protect wilderness 

characteristics, in areas designated by 

Colorado Parks and Wildlife as critical 

big game winter relief and winter 

concentration areas, or areas designated 

by Colorado Parks and Wildlife as 

occupied Gunnison sage-grouse habitat. 

3. You must not operate or possess a 

motorized vehicle beginning 2.4 miles 

north of the San Miguel/Dolores County 

line on the section of Road 14F vacated 

by San Miguel County (road vacated 2.4 

miles north of the San Miguel/Dolores 

County line for a distance of 2.4 miles) 

from February 1 through May 1 each 

year to protect Desert Bighorn Sheep 

lambing, within the Dolores River 

SRMA. 

4. You must not operate a mechanized 

vehicle within the Willow Creek 

Wildlife Management Area from 


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December 1 through June 30 each year 

for the protection of Gunnison Sagegrouse habitat. 

5. You must not operate a mechanized 

vehicle within the Perins Peak Wildlife 

Management Area. 

6. You must not hike, ride, or be in 

possession of horses or other pack 

animals on any route, trail, or area not 

designated as open to such use within 

the Ancestral Puebloan ACEC and Mesa 

Verde Escarpment ACEC. Hiking and 

horseback riding is allowed both on and 

off designated travel routes throughout 

the remainder of the area managed by 

the Tres Rios Field Office. 

Within Designated WSAs and the 

Coyote Wash and Snaggletooth Lands 

With Wilderness Characteristics, as 

Identified in the TRFO RMP 

7. You must not operate or possess a 

mechanized vehicle. 

Within Archuleta County, La Plata 

County, and Montezuma County, as 

Identified in the TRFO TAP–1 

8. You must not operate or possess a 

mechanized vehicle on any route, trail, 

or area not designated as open to such 

use, unless you are using a mechanized 

game cart to retrieve a large game 

animal with a valid carcass tag. Game 

carts are not allowed within the Perins 

Peak Wildlife Management Area. 

9. You must not park or use a 

motorized or mechanized vehicle more 

than 100 feet from the edge of a 

designated travel route (e.g., for such 

uses as camping, picnicking, or 

firewood cutting) as identified in the 

Travel Management Plan and travel 

management maps and firewood cutting 

map. 

10. You must not park a motorized 

vehicle more than 20 feet from the edge 

of a designated travel route or in a 

manner that causes resource damage in 

the Chutes and Ladders portion of the 

Cortez SRMA or the Mahan area within 

La Plata County. 

11. You must not use vehicles 

designed for traveling over snow unless 

there is adequate snow cover to protect 

the underlying vegetation and soils from 

the impact of that use. This use is 

prohibited in designated Wilderness, 

WSAs, or other lands managed to 

protect wilderness characteristics, in 

areas designated by Colorado Parks and 

Wildlife as critical big game winter 

relief and winter concentration areas, or 

in areas designated by Colorado Parks 

and Wildlife as occupied Gunnison 

sage-grouse habitat. 

Within the Silverton SRMA as 

Identified in the TRFO RMP and the 

Silverton TMP Administered by the 

GFO 

12. You must not operate or possess 

a mechanized vehicle on any route, 

trail, or area not designated as open to 

such use unless you are using a 

mechanized game cart to retrieve a large 

game animal with a valid carcass tag 

outside of designated WSAs, or 

congressionally designated Wilderness 

Areas. 

13. You must not park a motorized 

vehicle more than 30 feet from the edge 

of a designated travel route or in a 

manner that causes resource damage. 

14. You must not use vehicles 

designed for traveling over snow unless 

there is adequate snow cover to protect 

the underlying vegetation and soils from 

the impact of that use. This use is 

prohibited in designated WSAs, 

congressionally designated Wilderness 

areas, and other lands managed to 

protect wilderness characteristics. This 

use is also prohibited in areas 

designated by Colorado Parks and 

Wildlife as critical big game winter 

relief and winter concentration areas or 

areas designated by Colorado Parks and 

Wildlife as occupied Gunnison sagegrouse habitat. 

Within the Cortez SRMA, Durango 

SRMA and Silverton SRMA, as 

Identified in the TRFO RMP 

15. Domestic animals must be on a 

leash or under voice command. 

Within the Cortez SRMA and the 

Durango SRMA as Identified in the 

TRFO RMP 

16. You must not enter or use the area 

within the Phil’s World Area and Mud 

Springs RMZ portion of the Cortez 

SRMA 1⁄2 hour after sunset to 1⁄2 hour 

before sunrise unless: 

a. You are using the non-motorized 

trails within the Phil’s World Area; or 

b. You are a licensed hunter and 

acting in accordance with all rules and 

regulations as defined by Colorado 

Parks and Wildlife. 

17. You must not enter or use the area 1⁄2 hour after sunset to 1⁄2 hour before 

sunrise within the Animas City 

Mountain, Skyline, and Grandview 

Recreation Management Zones of the 

Durango SRMA, except if you are a 

licensed hunter and acting in 

accordance with all rules and 

regulations as defined by Colorado 

Parks and Wildlife. 

18. You must not build, ignite, 

maintain, or attend to a fire or campfire 

within the Animas City Mountain, 

Skyline, and Grandview Recreation 

Management Zones of the Durango 

SRMA. 

Within the Alpine Triangle as 

Identified in the TRFO RMP and the 

Alpine Triangle RAMP for the GFO 

19. You must not camp within 300 

feet of the Animas Forks district 

boundary and the Gold Prince Mill 

National Register Districts. 

20. You must not camp within 150 

feet of a historic structure. 

21. You must not ignite or maintain 

a campfire within 150 feet of a historic 

structure. 

22. You must not ignite or maintain 

a campfire above 12,000 feet within the 

Redcloud Peak ACEC. 

Within the Dolores River SRMA as 

Identified in the TRFO RMP and the 

Dolores River CMP 

23. You must not use motorized 

watercraft from Bradfield Bridge to 

Bedrock. 

24. During river trips, you must 

register at a developed BLM river 

launch point or with the Tres Rios Field 

Office prior to watercraft use from 

Bradfield Bridge to Bedrock. 

25. During river trips, you must not 

exceed posted group-size limits. 

26. During overnight river trips, you 

must dispose of human waste into a 

portable toilet. 

27. You must not gather or burn 

driftwood. 

28. You must not have a campfire or 

charcoal fire without the use of a fire 

pan. 

29. You must pack out all ashes 

associated with a campfire or charcoal 

fire. 

Within the Cortez SRMA, Durango 

SRMA and Perins Peak Wildlife 

Management Area as Identified in the 

TRFO RMP 

30. You must not enter the Chutes-nLadders, Summit, and Aqueduct areas 

of the Montezuma Triangle Recreation 

Management Zone within the Cortez 

SRMA from December 1 through April 

30 each year for the protection of critical 

winter wildlife habitat. Travel on 

county roads through the areas is 

allowed. 

31. You must not enter identified 

closure areas in the Animas City 

Mountain and Grandview Ridge 

Recreation Management Zones of the 

Durango SRMA from December 1 

through April 30 each year for the 

protection of critical winter wildlife 

habitat. This closure may be opened 

April 15 if conditions and wildlife 

needs warrant. 

32. You must not enter identified 

closure areas in the Perins Peak Wildlife 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 89, No. 244 / Thursday, December 19, 2024 / Rules and Regulations 103677 

1The Infrastructure Investment and Jobs Act 

(IIJA), Sec. 22425, Pub. L. 117–58, 135 Stat. 752 

(Nov. 15, 2021) (codified at 49 U.S.C. 20171) and 

generally referred to in this rule as the Act, or 

section 20171). 

Management Area from December 1 

through April 30 each year for the 

protection of critical winter wildlife 

habitat. This closure may be opened 

April 15 if conditions and wildlife 

needs warrant. 

33. You must not enter identified 

closure areas in the Perins Peak Wildlife 

Management Area from March 15 

through July 31 each year for the 

protection of critical raptor habitat. 

Exemptions 

The following persons are exempt 

from this supplementary rule: any 

Federal, State, or local officers or 

employees acting within the scope of 

their official duties; members of any 

organized law enforcement, military, 

rescue, or fire-fighting force performing 

an official duty; and any persons who 

are expressly authorized or approved by 

the BLM Authorized Officer. 

Enforcement 

Any person who violates any part of 

this supplementary 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 Colorado or local law. 

(Authority: 43 U.S.C. 1733, 43 U.S.C. 1740; 

43 CFR 8365.1–6) 

Douglas J. Vilsack, 

BLM Colorado State Director. 

[FR Doc. 2024–30059 Filed 12–18–24; 8:45 am] 

BILLING CODE 4331–16–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

49 CFR Part 215 

[Docket No. FRA–2023–0021, Notice No. 2] 

RIN 2130–AC94 

Freight Car Safety Standards 

Implementing the Infrastructure 

Investment and Jobs Act 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: FRA is amending the Freight 

Car Safety Standards (FCSS) to 

implement section 22425 of the 

Infrastructure Investment and Jobs Act 

(Act). The Act places certain restrictions 

on newly built freight cars placed into 

service in the United States (U.S.) 

including limiting content that 

originates from a country of concern 

(COC) or is sourced from a state-owned 

enterprise (SOE) and prohibiting 

sensitive technology that originates from 

a COC or is sourced from a SOE. The 

Act mandates that FRA issue a 

regulation to monitor and enforce 

industry’s compliance with the Act’s 

standards. 

DATES: The Final Rule is effective 

January 21, 2025. 

ADDRESSES: Docket: For access to the 

docket to read background documents 

or comments received, go to https://

www.regulations.gov and follow the 

online instructions for accessing the 

docket. 

FOR FURTHER INFORMATION CONTACT: 

Check Kam, Mechanical Engineer, 

Office of Railroad Safety at (202) 366– 

2139, email: check.kam@dot.gov; or 

Michael Masci, Senior Attorney 

Adviser, Office of the Chief Counsel, 

telephone: (202) 302–7117, email: 

michael.masci@dot.gov. 

SUPPLEMENTARY INFORMATION: 

Abbreviations and Terms Used in This 

Document 

CBP—Customs and Border Protection 

CE—Categorical Exclusion 

CFR—Code of Federal Regulations 

COC—Country of Concern 

DOT—Department of Transportation 

EA—Environmental Assessment 

EIS—Environmental Impact Statement 

FCSS—Freight Car Safety Standards 

FR—Federal Register 

FRA—Federal Railroad Administration 

FTA—Federal Transit Administration 

GS—General Schedule 

IIJA—Infrastructure Investment and Jobs Act 

IP—Intellectual Property 

NAFTA—North American Free Trade 

Agreement 

NEPA—National Environmental Policy Act 

NPRM—Notice of Proposed Rulemaking 

OMB—Office of Management and Budget 

PRA—The Paperwork Reduction Act 

RSA—Rail Security Alliance 

RSEP—Railroad Safety Enforcement 

Procedures 

RSIA—Rail Safety Improvement Act of 1988 

SOE—State-Owned Enterprise 

Umler—Universal Machine Language 

Equipment Register 

U.S.—United States 

U.S. DOC—United States Department of 

Commerce 

U.S.C.—United States Code 

USITC—U.S. International Trade 

Commission 

USMCA—United States-Mexico-Canada 

Agreement 

USTR—U.S. Trade Representative 

Table of Contents for Supplementary 

Information 

I. Executive Summary 

II. Discussion of Comments to the NPRM 

A. Comments About FRA’s Proposed 

Application of the Act’s Content 

Limitation and Sensitive Technology 

Requirements to Railroad Freight Car 

Manufacturers 

1. The Act Does Not Regulate AfterManufacture Changes to Railroad Freight 

Cars, Including Content Limitations and 

Sensitive Technology 

2. Railroad Freight Cars Already Placed in 

Service in the U.S. Are Not Subject to the 

Act 

3. Definitions Provided by the Act for the 

Terms Sensitive Technology, 

Component, Country of Concern, and 

State-Owned Enterprise Are Suitable for 

Implementing the Act 

4. The Scope of the IP Violation or 

Infringement Prohibition Being 

Incorporated Into the Freight Car Safety 

Standards Is Intended To Be the Same as 

the Act 

B. Comments About FRA’s Proposal 

Implementing the Act’s Freight Car 

Compliance Certification 

1. The Act Requires Certain Information To 

Be Included in the Certification 

2. The Act Requires Certification To Be 

Submitted Prior to Placing Freight Cars 

Into Service on the U.S. General Rail 

System 

C. Comments About FRA’s Process for 

Enforcing the Act’s Requirements and 

Penalties 

1. The Act Does Not Require a Finding of 

Willfulness To Establish a Violation 

2. Process for Manufacturers To Defend 

Against and Appeal Findings of 

Noncompliance With the Act 

3. Process for Railroad Freight Car 

Manufacturer To Be Reinstated After 

Being Prohibited Under the Act 

4. Five-Year Statute of Limitations Applies 

to the Act 

III. Section-by-Section Analysis 

IV. Regulatory Impact and Notices 

A. Executive Order 12866 as Amended by 

Executive Order 14094 

B. Regulatory Flexibility Act and Executive 

Order 13272 

C. Paperwork Reduction Act 

D. Federalism Implications 

E. International Trade Impact Assessment 

F. Environmental Impact 

G. Environmental Justice 

H. Unfunded Mandates Reform Act of 1995 

I. Energy Impact 

J. Privacy Act Statement 

I. Executive Summary 

Purpose of the Regulatory Action 

FRA is issuing this rulemaking as 

required by the Act, as codified at 49 

U.S.C. 20171.1 The Act provides that a 

railroad freight car, wholly 

manufactured on or after the date that 

is 1 year after the date of issuance of 

regulations, may only operate on the 

U.S. general railroad system if: (1) the 


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