Federal Register / Vol. 75, No. 89 / Monday, May 10, 2010 / Notices 25879 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[LLCO910000 L71220000.PN0000 

LVTFC09C0020] 

Notice of Proposed Supplementary 

Rules Concerning Fireworks on Public 

Land in Colorado 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Notice of proposed 

supplementary rules. 

SUMMARY: The Bureau of Land 

Management (BLM) is proposing a 

supplementary rule to restrict the 

possession and use of fireworks on 

public land within the State of 

Colorado. The rules are necessary to 

protect the area’s natural resources and 

provide for public health and safety. 

DATES: Comments on the proposed 

supplementary rules must be received 

or postmarked by August 9, 2010 to be 

considered. In developing final 

supplementary rules, the BLM is not 

obligated to consider comments 

postmarked or received after this date. 

ADDRESSES: You may submit comments 

by any of the following methods: 

Mail: Office of Law Enforcement, 

BLM, Colorado State Office, 2850 

Youngfield Street, Lakewood, Colorado 

80215. 

Internet: http:// 

www.co_proposed_rule@blm.gov (Attn: 

John Bierk). 

FOR FURTHER INFORMATION CONTACT: John 

Bierk, Colorado State Office, 2850 

Youngfield Street, Lakewood, Colorado 

80215, telephone (303) 239–3893. 

Persons who use a telecommunications 

device for the deaf (TDD) may contact 

this individual by calling the Federal 

Information Relay Service (FIRS) at 

(800) 877–8339, 24 hours a day, seven 

days a week. 

SUPPLEMENTARY INFORMATION: 

I. Authority 

II. Public Comment Procedures 

III. Background 

IV. Procedural Matters 

I. Authority 

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

43 CFR 8365.1–6. 

II. Public Comment Procedures 

You may view an electronic version of 

the proposed supplementary rules at the 

following BLM Web site: http:// 

www.blm.gov/co/st/en.html. 

Written comments on the proposed 

supplementary rules 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 proposal that 

the commenter is addressing. The BLM 

is not obligated to consider or include 

in the Administrative Record for the 

supplementary rules 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 one 

of the addresses listed above (See 

ADDRESSES). 

Comments, including names, street 

addresses, and other contact 

information of respondents, will be 

available for public review at 2850 

Youngfield Street, Lakewood, Colorado 

80215 during regular business hours (9 

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 

Under current regulations found in 43 

CFR 8365.2–5(a), no person shall 

discharge or use fireworks in a 

developed recreation site. Seasonal fire 

prevention orders issued under the 

authority of 43 CFR 9212.2(a) are 

commonly used at the local level to 

reduce the chance of human-caused 

fires during the peak fire season. This 

action would supplement the existing 

regulations to prohibit the possession 

and use of fireworks on all public land 

in Colorado. Drought and subsequent 

insect kill of large stands of pine trees 

in Colorado have made the threat of 

wildfires greater each year. The 

challenges of fire protection and 

suppression increase as more people 

move into the wildland urban interface. 

Ensuring public and firefighter safety, 

while protecting property and natural 

resources, remain BLM priorities. 

Under the National Fire Plan, the 

BLM works with other agencies and 

communities to ensure adequate 

preparedness for future fire seasons, 

restore landscapes, rebuild communities 

damaged by wildfire, and invest in 

projects to reduce fire risk. This action 

complements the National Fire Plan. 

Land management agencies have taken 

precautions to enhance public 

awareness, provide proactive presuppression efforts, and implement fire 

restrictions that are reasonable and 

consistent among Federal, State, and 

local agencies. Federal, State, and local 

land management agencies should strive 

to implement fire restrictions and 

closures that are uniform across 

administrative and geographic 

boundaries. The restrictions contained 

in this rulemaking will help achieve 

that goal. 

The proposed prohibition on the 

possession and use of fireworks is 

consistent with the other land 

management regulations designed to 

enhance fire prevention, and it is 

consistent with State definitions found 

in the Colorado Revised Statutes 

sections 12–28–101(1), 12–28–101(1.5), 

and 12–28–101(8)(a) and listed in the 

proposed rule under definitions with 

one exception. Under Colorado Revised 

Statutes section 12–28–101(8)(a)(VII)(D), 

strike-on-box matches are listed as a 

permissible firework. This section was 

dropped from the definitions so it 

would not interfere with visitor use of 

strike-on-box matches for normal 

campfire or other uses. 

IV. 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 supplementary rules would 

merely establish rules of conduct for 

public use of 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 your comments on how to 

make these supplementary rules easier 

to understand, including answers to 

questions such as the following: 


jlentini on DSKJ8SOYB1PROD with NOTICES
25880 Federal Register / Vol. 75, No. 89 / Monday, May 10, 2010 / Notices 

1. Are the requirements in the 

supplementary rules clearly stated? 

2. Do the 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. Is the description of the 

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 rule to the 

addresses specified in the ADDRESSES

section. 

National Environmental Policy Act 

This proposed supplementary rule in 

and of itself, does not constitute a major 

Federal action significantly affecting the 

quality of the human environment 

under section 102(2)(C) of the 

Environmental Protection Act of 1969 

(NEPA), 42 U.S.C. 4332(2)(C). It is 

categorically excluded from 

environmental review under section 

102(2)(C) of NEPA, pursuant to the 

Department of the Interior regulations 

implementing NEPA 43 CFR 46.210(i). 

In addition, the supplementary rule 

does not meet any of the 10 criteria for 

exceptions to the categorical exclusions 

listed in 43 CFR 46.215. 

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 supplementary rules 

merely establish rules of conduct for 

public use of a limited area of public 

lands. 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 supplementary rules are not 

considered a ‘‘major rule’’ as defined 

under 5 U.S.C. 804(2). The 

supplementary rules merely establish 

rules of conduct for public use of a 

limited area of public lands and do not 

affect commercial or business activities 

of any kind. 

Unfunded Mandates Reform Act 

These supplementary rules would 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 would 

they have a significant or unique effect 

on small governments. The rules would 

have no effect on governmental or Tribal 

entities and would impose no 

requirements on any of these entities. 

The supplementary rules merely 

establish rules of conduct for public use 

of a limited area of public lands 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. Therefore, the Department of the 

Interior has determined that the 

proposed supplementary rules would 

not cause a taking of private property or 

require further discussion of takings 

implications under this Executive 

Order. 

Executive Order 13132, Federalism 

The proposed supplementary rules 

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. 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 

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 Executive Order 

12988. 

Executive Order 13175, Consultation 

and Coordination With Indian Tribal 

Governments [Replaces Executive Order 

13084] 

In accordance with Executive Order 

13175, the proposed supplementary 

rules do not include policies that have 

Tribal implications. 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

Under Executive Order 13211, the 

BLM has determined that the proposed 

supplementary rules would not 

comprise a significant energy action, 

and that they would not have an adverse 

effect on energy supplies, production, or 

consumption. 

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 

proposed supplementary rules is John 

Bierk, State Staff Ranger, Colorado State 

Office, 2850 Youngfield Street, 

Lakewood, Colorado 80215. 

Proposed Supplementary Rules 

Concerning Fireworks on Public Land 

in Colorado 

For the reasons stated in the 

preamble, and under the authorities for 

supplemental rules found at 43 U.S.C. 

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

8365.1–6, the Colorado State Director, 

Bureau of Land Management (BLM) 

proposes supplementary rules for public 

lands managed by the BLM in Colorado, 

to read as follows: 

Definitions 

Fireworks means any composition or 

device designed to produce a visible or 

audible effect by combustion, 

deflagration, or detonation, and that 

meets the definition of articles 

pyrotechnic, permissible fireworks, or 

display fireworks, as defined by 

Colorado Revised Statutes 12–28– 

101(1), 12–28–101(1.5), and 12–28– 

101(8)(a). 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 89 / Monday, May 10, 2010 / Notices 25881 

Colorado Revised Statutes 12–28–101(1) 

‘‘Articles pyrotechnic’’ means pyrotechnic 

special effects materials and pyrotechnic 

devices for professional use that are similar 

to consumer fireworks in chemical 

composition and construction but are 

intended for theatrical performances and not 

intended for consumer use. Articles 

pyrotechnic shall also include pyrotechnic 

devices meeting the weight limits for 

consumer fireworks but are not labeled as 

such and are classified as UN0431 or UN0432 

pursuant to 49 CFR 172.101, as amended. 

Colorado Revised Statutes 12–28– 

101(1.5) 

‘‘Display fireworks’’ means large fireworks 

designed primarily to produce visible or 

audible effects by combustion, deflagration, 

or detonation and includes, but is not limited 

to, salutes containing more than one hundred 

thirty milligrams of explosive material, aerial 

shells containing more than forty grams of 

pyrotechnic compositions, and other display 

pieces that exceed the limits of explosive 

materials for classification as consumer 

fireworks as defined in 16 CFR 1500.1 to 

1500.272 and 16 CFR 1507.1 to 1507.12 and 

are classified as fireworks UN0333, UN0334, 

or UN0335 pursuant to 49 CFR 172.101, as 

amended, and including fused set pieces 

containing components that exceed fifty 

milligrams of salute powder. 

Colorado Revised Statutes 12–28– 

101(8)(a) 

‘‘Permissible fireworks’’ means the 

following small fireworks devices designed 

to produce audible or visual effects by 

combustion, complying with the 

requirements of the United States consumer 

product safety commission as set forth in 16 

CFR 1500.1 to 1500.272 and 1507.1 to 

1507.12, and classified as consumer 

fireworks UN0336 and UN0337 pursuant to 

49 CFR 172.101: 

(I) Cylindrical fountains, total pyrotechnic 

composition not to exceed seventy-five grams 

each for a single tube or, when more than one 

tube is mounted on a common base, a total 

pyrotechnic composition of no more than 

two hundred grams; 

(II) Cone fountains, total pyrotechnic 

composition not to exceed fifty grams each 

for a single cone or, when more than one 

cone is mounted on a common base, a total 

pyrotechnic composition of no more than 

two hundred grams; 

(III) Wheels, total pyrotechnic composition 

not to exceed sixty grams for each driver unit 

or two hundred grams for each complete 

wheel; 

(IV) Ground spinner, a small device 

containing not more than twenty grams of 

pyrotechnic composition venting out of an 

orifice usually in the side of the tube, similar 

in operation to a wheel, but intended to be 

placed flat on the ground; 

(V) Illuminating torches and colored fire in 

any form, total pyrotechnic composition not 

to exceed two hundred grams each; 

(VI) Dipped sticks and sparklers, the total 

pyrotechnic composition of which does not 

exceed one hundred grams, of which the 

composition of any chlorate or perchlorate 

shall not exceed five grams; 

(VII) Any of the following that do not 

contain more than fifty milligrams of 

explosive composition: 

(A) Explosive auto alarms; 

(B) Toy propellant devices; 

(C) Cigarette loads; 

(D) Other trick noise makers; 

(VIII) Snake or glow worm pressed pellets 

of not more than two grams of pyrotechnic 

composition and packaged in retail packages 

of not more than twenty-five units; 

(IX) Fireworks that are used exclusively for 

testing or research by a licensed explosives 

laboratory; 

(X) Multiple tube devices with: 

(A) Each tube individually attached to a 

wood or plastic base; 

(B) The tubes separated from each other on 

the base by a distance of at least one-half of 

one inch; 

(C) The effect limited to a shower of sparks 

to a height of no more than fifteen feet above 

the ground; 

(D) Only one external fuse that causes all 

of the tubes to function in sequence; and 

(E) A total pyrotechnic composition of no 

more than five hundred grams. 

Prohibited Acts 

Unless otherwise authorized, the 

following acts are prohibited on all 

public lands, roads, trails, or waterways 

administered by the BLM in Colorado: 

1. The possession, discharge, or use of 

all fireworks as defined by Colorado 

Revised Statutes 12–28–101(1), 12–28– 

101(1.5), and 12–28–101(8)(a); and 

2. The violation of the terms, 

conditions of use, or stipulations of any 

written authorization that may be 

exempted under this rule. The following 

person(s) are exempt from this order: 

Any Federal, State, or local officer, or 

member of an organized rescue or fire 

suppression or fuels management force 

or other authorized agency personnel 

while in the performance of their 

official duties. 

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 or, 

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, 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. 

Helen M. Hankins, 

State Director. 

[FR Doc. 2010–10991 Filed 5–7–10; 8:45 am] 

BILLING CODE 4310–JB–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[AZA23294] 

Notice of Proposed Withdrawal 

Extension and Opportunity for Public 

Meeting; Arizona 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Notice. 

SUMMARY: The United States Department 

of Agriculture (USDA) Forest Service 

has filed an application with the Bureau 

of Land Management (BLM) that 

proposes to extend the duration of 

Public Land Order (PLO) No. 6801 for 

an additional 20-year period. This order 

withdrew approximately 61.356 acres of 

National Forest System land from the 

mining laws to protect the Smithsonian 

Institution’s Fred Lawrence Whipple 

Observatory. The withdrawal created by 

PLO No. 6801 will expire on September 

18, 2010, unless extended. This notice 

gives an opportunity to comment on the 

proposed action and to request a public 

meeting. 

DATES: Comments and requests for a 

public meeting must be received by 

August 9, 2010. 

ADDRESSES: Comments and meeting 

request should be sent to the Coronado 

National Forest Office, Federal Building, 

300 West Congress Street, Tucson, 

Arizona 85701, (520) 388–8348. 

FOR FURTHER INFORMATION CONTACT: Karl 

Sandwell-Weiss, Minerals Resource 

Geologist, at the Forest Service address 

listed above, or Vivian Titus, Bureau of 

Land Management, Arizona State Office, 

One North Central, Suite 800, Phoenix, 

Arizona 85004, (602) 417–9598. 

SUPPLEMENTARY INFORMATION: The USDA 

Forest Service has filed an application 

requesting that the Secretary of the 

Interior extend PLO No. 6801 (55 FR 

38550, (1990)) which withdrew 

approximately 61.356 acres of National 

Forest System land located in Santa 

Cruz County, Arizona, from location 

and entry under the United States 

mining laws (30 U.S.C. ch. 2) for an 

additional 20-year term, subject to valid 

existing rights. PLO No. 6801 is 

incorporated herein by reference. 

The purpose of the proposed 

extension is to continue to protect 


jlentini on DSKJ8SOYB1PROD with NOTICES