46270 Federal Register / Vol. 86, No. 157 / Wednesday, August 18, 2021 / Notices 

G. Motor vehicle is defined as any 

device designed for and capable of 

travel over land and which is selfpropelled by a motor. 

H. Trailer means every vehicle 

without motor power designed to carry 

property or passengers wholly on its 

own structure and to be drawn by a 

motor vehicle, this includes camp 

trailers, pop-up trailers, 4′ x 7′ or larger 

flatbed trailers, enclosed cargo trailers, 

or RV style trailers. 

15. The possession and or use of 

lasers is prohibited. A laser means any 

laser beam device or demonstration 

laser product that emits a single point 

of light amplified by the stimulated 

emission of radiation that is visible to 

the human eye. 

16. The use or discharge of flame 

effects is prohibited. Flame effect is 

defined as the combustion of solids, 

liquids, or gases to produce thermal, 

physical, visual, or audible phenomena. 

This includes all flames that are 

automated, switched, pressurized or 

having any other action than simply 

being lit on fire; as well as projects 

using propane or other liquid or gaseous 

fuels. 

Enforcement: Any person who 

violates any of these temporary 

restrictions 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 Nevada law. 

Authority: 43 CFR 8364.1. 

Mark Hall, 

Field Manager, Black Rock Field Office, 

Winnemucca District. 

[FR Doc. 2021–17736 Filed 8–17–21; 8:45 am] 

BILLING CODE 4310–HC–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[212 LLUTY01000 L12200000.MA0000] 

Notice of Proposed Supplementary 

Rules for the Klondike Bluffs Area of 

Public Lands Managed by the Moab 

Field Office in Grand County, UT 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Notice of proposed 

supplementary rules. 

SUMMARY: These proposed 

supplementary rules would limit 

camping to developed campgrounds and 

designated campsites within the 

Klondike Bluffs Mountain Bike Focus 

Area and a nearby isolated 160-acre 

Bureau of Land Management (BLM) 

parcel. The rules would require the use 

of portable toilets at designated 

campsites where constructed toilets are 

not provided. Additionally, the 

proposed supplementary rules would 

prohibit wood cutting and collecting in 

the Klondike Bluffs Mountain Bike 

Focus Area and the nearby 160-acre 

parcel. 

DATES: Comments on the proposed 

supplementary rules must be received 

or postmarked by October 18, 2021. 

ADDRESSES: Comments may be 

submitted by mail, hand delivery, or 

email to the BLM Moab Field Office, 

Attention: Katie Stevens, 82 East 

Dogwood Avenue, Moab, UT 84532, or 

kstevens@blm.gov. The proposed 

supplementary rules and accompanying 

environmental documents are available 

for inspection at the BLM Moab Field 

Office at the address listed above and on 

the ePlanning website at: https://

eplanning.blm.gov/eplanning-ui/ 

project/117076/510. To access this link, 

please copy it into any browser other 

than internet Explorer. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Jones, Assistant Field Manager 

for Recreation, BLM Moab Field Office, 

82 East Dogwood Avenue, Moab, UT 

84532, (435) 259–2100, or blm_ut_mb_

mail@blm.gov. Persons who use a 

telecommunications device for the deaf 

may call the Federal Relay Service (FRS) 

at 1–800–877–8339 to leave a message 

or question for the above individual. 

The FRS is available 24 hours a day, 7 

days a week. Replies are provided 

during normal business hours. 

SUPPLEMENTARY INFORMATION: 

I. Public Comment Procedures 

II. Background 

III. Discussion 

IV. Procedural Matters 

V. Proposed Supplementary Rules for the 

BLM Moab Field Office 

I. Public Comment Procedures 

Written comments on the proposed 

supplementary rules must be sent in 

accordance with the information 

outlined in the DATES and ADDRESSES

sections of this notice. The BLM is not 

obligated to consider comments 

received after the close of the comment 

period (see DATES) unless they are 

postmarked or electronically dated 

before the deadline. The BLM is not 

obligated to consider comments 

delivered to an address other than that 

listed above in ADDRESSES. Comments 

should be specific, confined to issues 

pertinent to the proposed 

supplementary rules, and should 

explain the reason for any 

recommended change. Where possible, 

comments should reference the specific 

section or paragraph of the proposed 

rule the comment is addressing. 

Comments, including names, 

addresses, and other contact 

information of respondents, will be 

available for public review at the BLM 

Moab Field Office, 82 East Dogwood 

Avenue, Moab, UT 84532, during 

regular business hours (7:45 a.m.–4:30 

p.m., Monday through Friday, except 

Federal holidays). Before including your 

address, phone number, email 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 the BLM in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee we will be able to do 

so. 

II. Background 

In September 2019, the BLM issued a 

Decision Record on an Environmental 

Assessment (EA) to limit camping to 

designated sites and developed 

campgrounds in the Klondike Bluffs 

Mountain Bike Focus Area and a nearby 

isolated 160-acre parcel of BLMadministered land that is completely 

surrounded by lands managed by the 

State of Utah. During the EA process, 

the BLM identified the need to establish 

enforceable supplementary rules 

concerning camping at these locations. 

The BLM has documented significant 

increases in visitation numbers and 

resulting pressures on camping areas in 

the Moab Field Office. Therefore, the 

BLM has determined these proposed 

rules are necessary to increase 

sustainable camping and recreation 

opportunities, provide for visitor health 

and safety, prevent undue degradation 

of natural and cultural non-renewable 

resources, and promote high-quality 

outdoor recreation opportunities. 

During the 15-day public comment 

period for the EA, the BLM received 14 

comments, of which 13 were in support 

of the proposal. The proposal was also 

supported by Grand County, Utah. The 

Utah Governor’s Office of Economic 

Development commented and offered 

monetary assistance with building a 

campground in the Klondike Bluffs area 

to enhance the quality of the world-class 

recreation opportunities. 


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Federal Register / Vol. 86, No. 157 / Wednesday, August 18, 2021 / Notices 46271 

III. Discussion 

The BLM Moab Field Office 

The BLM Moab Field Office has 

jurisdiction from the Grand County line 

to the north, the Utah-Colorado State 

line to the east, Harts Draw and Lisbon 

Valley to the south, and the Green River 

to the west. The public lands managed 

by the Moab Field Office are a domestic 

and international tourist destination 

hosting three million visitors per year. 

The Moab Field Office manages 45 

developed campgrounds. 

The proposed supplementary rules 

are critical for continuing to provide 

sustainable camping opportunities, 

public health and safety, reducing 

visitor conflicts, and protecting natural 

and cultural resources on public lands. 

The supplementary rules already in 

place have been effective in providing 

for visitor health and safety and 

protecting cultural and natural 

resources while improving the visitor 

experience. The proposed rules would 

supplement existing rules by providing 

protection to an additional high 

visitation area managed by the Moab 

Field Office. 

The proposed rules regarding 

camping, human waste, and wood 

gathering would cover the Klondike 

Bluffs Mountain Bike Focus Area and a 

nearby 160-acre public land parcel (for 

a total of 14,786 acres) that has become 

increasingly popular as the Klondike 

Bluffs Mountain Bike Trail System has 

been developed. The restrictions are 

directly related to the degradation of 

natural resources, health and safety 

issues posed by the presence of human 

waste, and unsustainable levels of highdensity camping use where no facilities 

exist to mitigate visitor impacts. 

The reasoning for each rule is 

addressed below. 

1. Proposed rule: You must camp at 

a designated site. 

This proposed rule would apply to 

the Klondike Bluffs Mountain Bike 

Focus Area and a nearby 160-acre parcel 

where dispersed camping is degrading 

natural, visual, and wildlife resources 

while causing risks to human health. 

The affected area, which is enumerated 

in the Proposed Supplementary Rules 

section, reflects the recreation 

management decision (REC–6) in the 

2008 Moab Resource Management Plan 

(RMP) to limit dispersed camping as 

visitation impacts and environmental 

conditions warrant. 

2. Proposed rule: You must use a 

constructed toilet or possess, set up for 

usage, and use a portable toilet to 

dispose of solid human waste. Exposure 

to human waste is a health risk to the 

public and BLM personnel. The 

continuous deposition of human waste 

on or just beneath the surface of the 

ground—which is largely sand and bare 

rock in the Moab region—is a risk that 

is not naturally mitigated. These risks 

are amplified in high-visitation areas 

and must be mitigated by specifying the 

methods of disposal. This rule would 

apply to the Klondike Bluffs Mountain 

Bike Focus Area and the nearby 160- 

acre parcel because the area experiences 

a very high level of visitation. 

3. Proposed rule: You must not cut, 

gather, or collect wood. 

Wood gathering depletes an already 

sparse supply of woody vegetation that 

is not readily replaced in the desert 

environment. As with camping and 

human waste, the Klondike Bluffs Area 

is at a greater risk of resource damage 

and depletion due to high visitation. In 

order to ensure that future visitors can 

enjoy the visual resources, and to 

protect the sensitive desert ecology, 

wood cutting, gathering, and collecting 

in the Klondike Bluffs area would be 

prohibited. 

IV. Procedural Matters 

Executive Order 12866, Regulatory 

Planning and Review 

These proposed supplementary rules 

are not significant regulatory actions 

and are not subject to review by the 

Office of Management and Budget under 

Executive Order 12866. These proposed 

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 proposed 

supplementary rules would not create a 

serious inconsistency or otherwise 

interfere with an action taken or 

planned by another agency. The 

proposed 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 does it raise novel 

legal or policy issues. These 

supplementary rules merely establish 

rules of conduct for public use on a 

limited area of public lands. 

Clarity of the Regulations 

Executive Order 12866 requires each 

agency to write regulations that are 

simple and easy to understand. The 

BLM invites comments on how to make 

this supplementary rule easier to 

understand, including answers to 

questions such as the following: 

1. Are the requirements in the 

supplementary rule clearly stated? 

2. Does the supplementary rule 

contain technical language or jargon that 

interferes with their clarity? 

3. Does the format of the 

supplementary rule (grouping and order 

of sections, use of headings, 

paragraphing, etc.) aid or reduce clarity? 

4. Is the description of the 

supplementary rule in the 

SUPPLEMENTARY INFORMATION section of 

this preamble helpful in understanding 

the supplementary rule? How could this 

description be more helpful in making 

the supplementary rule easier to 

understand? 

Please send any comments on the 

clarity of the rule to the address 

specified in the ADDRESSES section. 

National Environmental Policy Act 

These proposed supplementary rules 

are consistent with and necessary to 

properly implement decisions proposed, 

analyzed, and approved in EA #DOI– 

BLM–UT–Y010–2019–0021–EA. They 

would establish rules of camping 

conduct for public use of public lands 

managed by the Moab Field Office in 

order to protect public health, safety 

and natural and cultural resources. The 

approved EA is available for review at 

the physical and on-line locations 

identified in the ADDRESSES section. 

Regulatory Flexibility Act 

Congress enacted the Regulatory 

Flexibility Act (RFA) of 1980, as 

amended (5 U.S.C. 601–612) to ensure 

that Government regulations do not 

unnecessarily or disproportionately 

burden small entities. The RFA requires 

a regulatory flexibility analysis if a rule 

would have a significant economic 

impact, either detrimental or beneficial, 

on a substantial number of small 

entities. These proposed supplementary 

rules would merely establish rules of 

conduct for public use on a limited area 

of public lands. Therefore, the BLM has 

determined the proposed 

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 

are not ‘‘major’’ as defined under 5 

U.S.C. 804(2). The proposed 

supplementary rules would merely 

establish rules of conduct for public use 

on a limited area of public lands and 

would not affect commercial or business 

activities of any kind. 

Unfunded Mandates Reform Act 

These proposed supplementary rules 

would not impose an unfunded 

mandate on state, local, or tribal 


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46272 Federal Register / Vol. 86, No. 157 / Wednesday, August 18, 2021 / Notices 

governments in the aggregate, or the 

private sector of more than $100 million 

per year; nor would they have a 

significant or unique effect on small 

governments. The proposed 

supplementary rules would have no 

effect on governmental or tribal entities 

and would impose no requirements on 

any of these entities. The proposed 

supplementary rules would merely 

establish rules of conduct for public use 

on a limited selection of public lands 

and would 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) 

These proposed supplementary rules 

do not have significant takings 

implications, nor are they capable of 

interfering with Constitutionallyprotected property rights. The proposed 

supplementary rules would merely 

establish rules of conduct for public use 

for a limited area of public lands and 

would not affect anyone’s property 

rights. Therefore, the Department of the 

Interior has determined these proposed 

supplementary rules would not cause a 

‘‘taking’’ of private property or require 

preparation of a takings assessment 

under this Executive Order. 

Executive Order 13132, Federalism 

These proposed supplementary rules 

would not have a substantial direct 

effect on the states, the relationship 

between the Federal Government and 

the states, nor the distribution of power 

and responsibilities among the various 

levels of government. These proposed 

supplementary rules would not conflict 

with any state law or regulation. 

Therefore, in accordance with Executive 

Order 13132, the BLM has determined 

these 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 

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 Tribal 

Governments 

In accordance with Executive Order 

13175, the BLM conducted consultation 

and coordination with tribal 

governments in the development of the 

RMP and the EA which form the basis 

for the proposed rules. Tribal 

consultation was also undertaken on EA 

#DOI–BLM–UT–Y010–2019–0021–EA. 

The two Tribes who responded (the 

Hopi and the Southern Ute) fully 

concurred with the proposed action to 

limit camping to designated sites. 

Energy Supply, Distribution, or Use 

Under Executive Order 13211, the 

BLM has determined the proposed 

supplementary rules would not 

comprise a significant energy action, 

and they would not have an adverse 

effect on energy supplies, production, or 

consumption. 

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. Federal 

criminal investigations or prosecutions 

may result from these rules, and the 

collection of information for these 

purposes is exempt from the Paperwork 

Reduction Act, 44 U.S.C. 3518(c)(1). 

Author 

The principal author of these 

supplementary rules is Kathleen 

Stevens, Outdoor Recreation Planner, 

BLM Moab Field Office, 82 East 

Dogwood Avenue, Moab, UT 84532. 

V. Proposed Supplementary Rules for 

the BLM Moab Field Office 

For the reasons stated in the 

preamble, and under the authorities for 

supplementary rules found at 43 U.S.C. 

1740, and 43 CFR 8365.1–6, the BLM 

Utah State Director is proposing the 

following supplementary rules: 

Definitions 

The following definitions apply to the 

supplementary rules 

Camping: 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 overnight occupancy while 

engaged in recreational activities such 

as hiking, hunting, fishing, bicycling, 

sightseeing, off-road vehicle activities, 

or other generally recognized forms of 

recreation. 

Klondike Bluffs Mountain Bike Focus 

Area: Public land located east of U.S. 

Highway 191, west of Arches National 

Park, north of the Dalton Wells Road 

and south of the block of state land near 

Interstate 70. A map of the area can be 

viewed at the Moab Field Office or in 

the Klondike Bluffs EA. 

Portable Toilet: (1) A containerized 

and reusable system; (2) A commercially 

available biodegradable system that is 

landfill disposable (e.g., Rest Stop, GoAnywhere Toilet Kit or ‘‘WAG bag’’); or 

(3) A washable, reusable toilet within a 

camper, trailer or motor home. 

The following rules apply to the 

Klondike Bluffs Mountain Bike Focus 

Area and a nearby 160-acre parcel: 

(1) You must camp at a designated 

site. 

(2) You must not dispose of human 

waste in any other container than a 

portable or constructed toilet. 

(3) You must not cut, gather, or collect 

wood. 

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, any person who violates any 

of these supplementary rules on public 

lands within Utah may be tried before 

a United States Magistrate and fined no 

more than $1,000, 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. 

Exemptions 

Any Federal, State, local, or military 

persons acting within the scope of their 

duties; and members of an organized 

rescue or firefighting force in 

performance of an official duty. 

Gregory Sheehan, 

Bureau of Land Management, State Director, 

Utah. 

[FR Doc. 2021–17704 Filed 8–17–21; 8:45 am] 

BILLING CODE 4310–DQ–P 


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