[Federal Register Volume 79, Number 210 (Thursday, October 30, 2014)]
[Notices]
[Pages 64652-64655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-25697]



[[Page 64651]]

Vol. 79

Thursday,

No. 210

October 30, 2014

Part II





 Department of the Interior





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Bureau of Land Management





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 Proposed Supplementary Rules for Public Lands in Palm Beach County, FL

Federal Register / Vol. 79 , No. 210 / Thursday, October 30, 2014 / 
Notices

[[Page 64652]]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLES002330.L17110000.PC0000 14X]


Proposed Supplementary Rules for Public Lands in Palm Beach 
County, FL

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice.

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SUMMARY: The Bureau of Land Management (BLM) is proposing supplementary 
rules for all BLM-administered lands within the Jupiter Inlet 
Lighthouse Outstanding Natural Area (JILONA), Palm Beach County, 
Florida. These rules would regulate public use and recreation at the 
site and aid in enforcement of the decisions in the JILONA 
Comprehensive Management Plan completed September 15, 2010.

DATES: Interested parties may submit written comments regarding the 
proposed supplementary rules until December 29, 2014.

ADDRESSES: You may submit comments related to the JILONA supplementary 
rules by either of the following methods:
    <bullet> Email: <a href="/cdn-cgi/l/email-protection#f181959486988585b1939d9cdf969e87"><span class="__cf_email__" data-cfemail="92e2f6f7e5fbe6e6d2f0feffbcf5fde4">[email protected]</span></a>.
    <bullet> Mail: Peter De Witt, JILONA Manager, 120 U.S. 1 North, 
Suite 100, Tequesta, FL 33469.

FOR FURTHER INFORMATION CONTACT: Peter De Witt, JILONA Manager, 
telephone 561-746-7680; address 120 U.S. 1 North, Suite 100, Tequesta, 
FL 33469; email <a href="/cdn-cgi/l/email-protection#304054554759444470525c5d1e575f46"><span class="__cf_email__" data-cfemail="deaebabba9b7aaaa9ebcb2b3f0b9b1a8">[email protected]</span></a>. Persons who use a telecommunications 
device for the deaf (TDD) may call the Federal Information Relay 
Service (FIRS) at 1-800-877-8339 to contact Mr. De Witt during normal 
business hours. The service is available 24 hours a day, 7 days a week, 
to leave a message or question for Mr. De Witt. You will receive a 
reply during normal business hours.

SUPPLEMENTARY INFORMATION: 

I. Public Comment Procedures
II. Background
III. Discussion of Proposed Supplementary Rules
IV. Procedural Matters

I. Public Comment Procedures

    You may mail or email comments to Peter De Witt at the addresses 
listed above (see ADDRESSES). Written comments on the proposed 
supplementary rules should be specific and confined to issues pertinent 
to the proposed 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 final supplementary rules, comments 
delivered to an address other than that listed above (see ADDRESSES) or 
comments that the BLM receives after the close of the comment period 
(see DATES), unless they are postmarked or electronically dated on or 
before the deadline.
    Comments, including names, street addresses, and other contact 
information for respondents, may be available for public review at the 
location 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, 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 us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

II. Background

    The Jupiter Inlet Lighthouse Outstanding Natural Area Comprehensive 
Management Plan, published in 2010, covers approximately 120 acres of 
lands, a portion of which (approximately 86 acres) are public lands 
administered by the BLM Southeastern States Field Office. The plan 
identifies the implementation of an array of management actions 
designed to protect, conserve, and enhance natural and cultural 
resource values--including historic and archaeological resource 
values--while providing for appropriate recreational opportunities in 
the area.
    The Comprehensive Management Plan public process was conducted over 
a 2-year period and used a variety of methods of public engagement 
strategies, from press releases and mailings, to multiple public 
meetings in the communities surrounding JILONA. The public process 
included public information, scoping, and formal comments on the 
proposed plan.
    The supplementary rules resulting from the management decisions 
within the Comprehensive Management Plan will help the BLM achieve 
management objectives and implement the Plan's decisions. Furthermore, 
the rules will allow the BLM to increase law enforcement efforts that 
will help mitigate damage to natural resources and provide for public 
health and safe public recreation.
    The rules would apply to approximately 86 acres of public lands 
within the JILONA, Palm Beach County, Florida. The legal description of 
the affected public lands is Tallahassee Meridian T40S, R43E, Section 
31, Lots 15, 17, and 19.

III. Discussion of Proposed Supplementary Rules

    These supplementary rules were identified in and are consistent 
with the decision record for the JILONA Comprehensive Management Plan, 
which was approved on September 15, 2010. The Comprehensive Management 
Plan includes specific management actions that restrict certain 
activities and define allowable uses, and provides for the adoption of 
Palm Beach County's Natural Areas Ordinance No. 94-13 as supplementary 
rules for Lots 15, 17, and 19 to address immediate concerns with public 
access and use in these areas.
    The proposed supplementary rules are needed to govern visitation, 
use, and public access of the natural areas within the JILONA for the 
protection of natural, historic, and cultural resources, and to address 
public safety concerns. In addition, they would assist the BLM's law 
enforcement at the site, and enhance consistency with the Palm Beach 
County Natural Areas Ordinance, which is currently enforced throughout 
the natural area portions of JILONA by Palm Beach County and the 
municipal jurisdiction of the Town of Jupiter and Village of Tequesta.
    The proposed rules prohibiting certain activities affecting plants 
and animals (Rules 1(a) through (c)) would protect and preserve those 
organisms. The proposed prohibition against excavation and other soil-
disturbing activities (Rule 1(d)) would protect the structure of 
habitats and reduce the risk of disturbing buried cultural artifacts. 
Prohibitions against starting fires and disposing of flammable 
materials (Rules 2(a) and (b)) are proposed in order to protect 
historical and archaeological resources from damage, and to reduce the 
risk of unauthorized fires. Proposed Rules 3(a) and 3(b) would restrict 
the use of watercraft to protect natural and cultural resources in 
various locations within the JILONA and would prevent damage to 
vegetation, wildlife, and shoreline. The prohibitions listed in Rule 
4(a) through (i) would assist in the protection of public safety and 
would enhance recreation for the general public.

[[Page 64653]]

    Rules 5(a) through (d) would list the following activities 
requiring prior authorization:
    (a) Camping;
    (b) Equestrian activities;
    (c) Collection of plant and animal specimens or use of watercraft 
in wetlands for scientific research; and
    (d) Occupation of the area after hours and at night, defined as the 
period between sunset and sunrise.

These requirements would assist in sound management of the public 
lands.
    Rules 6(a) through 6(d) would restrict vehicle use and parking to 
prevent soil compaction and other damage to natural resources and to 
discourage overnight camping in violation of these proposed 
supplementary rules.

IV. Procedural Matters

Executive Orders 12866 and 13563, Regulatory Planning and Review

    These proposed supplementary rules are not a significant regulatory 
action and are not subject to review by the Office of Management and 
Budget under Executive Order 12866 or Executive Orders 13563. These 
proposed supplementary rules would not have an annual effect of $100 
million or more on the economy or 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. These proposed supplementary rules would not 
materially alter the budgetary effects of entitlements, grants, user 
fees, or loan programs or the rights or obligations of their 
recipients; nor do they raise novel legal or policy issues. They merely 
would impose limitations on certain recreational activities on certain 
public lands in Florida in order to protect natural resources and human 
health and safety.

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 proposed supplementary rules easier to understand, 
including answers to questions such as the following:
    (a) Are the requirements in the proposed supplementary rules 
clearly stated?
    (b) Do the proposed supplementary rules contain technical language 
or jargon that interferes with their clarity?
    (c) Does the format of the proposed supplementary rules (grouping 
and order of sections, use of headings, paragraphing, etc.) aid or 
reduce their clarity?
    (d) Would the proposed supplementary rules be easier to understand 
if they were divided into more (but shorter) sections?
    (e) Is the description of the proposed supplementary rules in the 
SUPPLEMENTARY INFORMATION section of this preamble helpful to your 
understanding of the proposed supplementary rules? How could this 
description be more helpful in making the proposed supplementary rules 
easier to understand?
    Please send any comments you have on the clarity of the proposed 
supplementary rules to the address specified in the ADDRESSES section.

National Environmental Policy Act (NEPA)

    These proposed supplementary rules would implement key decisions in 
the JILONA Comprehensive Management Plan. During the National 
Environmental Policy Act (NEPA) review for the Comprehensive Management 
Plan, the BLM fully analyzed the substance of these proposed 
supplementary rules in Environmental Assessment (EA) 2010-128-JFO. This 
analysis found that the management direction implementing the plan 
decisions will not constitute a major Federal action significantly 
affecting the quality of the human environment under Section 102(2)(C) 
of NEPA, 42 U.S.C. 4332(2)(C). The BLM signed the Decision Record for 
the EA on September 15, 2010. The BLM holds the Comprehensive 
Management Plan, EA, and Decision Record on file and for public review 
in the BLM administrative record at the address specified in the 
ADDRESSES section. The document is also available online at http://on.doi.gov/15m0x12.

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 proposed supplementary rules 
do not pertain specifically to commercial or governmental entities of 
any size, but to public recreational use of specific lands. Therefore, 
the BLM has determined under the RFA that these 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 do not constitute a ``major 
rule'' as defined at 5 U.S.C. 804(2). These proposed supplementary 
rules generally set forth rules of conduct for recreational use of 
public lands. The proposed supplementary rules would not have an effect 
that rises to any of the following thresholds specified in 5 U.S.C. 
804(2):
    (a) An annual effect on the economy of $100 million or more;
    (b) A major increase in costs or prices for consumers, individual 
industries, Federal, State, or local government agencies, or geographic 
regions; or
    (c) Significant adverse effects on competition, employment, 
investment, productivity, innovation, or on the ability of United 
States-based enterprises to compete with foreign-based enterprises in 
domestic and export markets.

Unfunded Mandates Reform Act

    These proposed 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 proposed 
supplementary rules do not require anything of State, local, or tribal 
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.).

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

    The proposed supplementary rules are not a government action 
capable of interfering with constitutionally protected property rights. 
The proposed supplementary rules would not address property rights in 
any form and would not cause the impairment of anybody's property 
rights. Therefore, the Department of the Interior has determined that 
these 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

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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, the 
BLM has determined that these proposed 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 BLM has determined that these 
proposed supplementary rules would not unduly burden the judicial 
system and that the requirements of Sections 3(a) and 3(b)(2) of the 
Executive Order are met. The proposed supplementary rules include rules 
of conduct and prohibited acts that are straightforward and clearly 
written.

Executive Order 13175, Consultation and Coordination With Indian Tribal 
Governments

    In accordance with Executive Order 13175, the BLM has found that 
these proposed rules do not include policies that have tribal 
implications, and would have no bearing on trust lands or on lands for 
which title is held in fee status by Indian tribes or on U.S. 
Government-owned lands managed by the Bureau of Indian Affairs.

Executive Order 13352, Facilitation of Cooperative Conservation

    In accordance with Executive Order 13352, the BLM has determined 
that the proposed supplementary rules would not impede facilitating 
cooperative conservation; would take appropriate account of and 
consider the interests of persons with ownership or other legally 
recognized interests in land or other natural resources; would properly 
accommodate local participation in the Federal decision-making process; 
and would provide that the programs, projects, and activities are 
consistent with protecting public health and safety.

Information Quality Act

    In developing these proposed supplementary rules, 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). In 
accordance with the Information Quality Act, the Department of the 
Interior has issued guidance regarding the quality of information that 
it relies upon for regulatory decisions. This guidance is available at 
DOI's Web site at http://www.doi.gov/archive/ocio/iq.html.

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

    These proposed supplementary rules are not a ``significant energy 
action,'' as defined in Executive Order 13211. The rules are not likely 
to have an adverse effect on energy supply, distribution, or use and 
have no connection with energy policy.

Paperwork Reduction Act

    These proposed supplementary rules do not contain information 
collection requirements that the Office of Management and Budget must 
approve under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.

Author

    The principal author of these supplementary rules is Peter De Witt, 
Program Manager, Southeastern States Field Office.

Proposed Supplementary Rules for Public Lands in Palm Beach County, 
Florida

    For the reasons stated in the preamble, and under the authority of 
43 CFR 8365.1-6, the Eastern States Director proposes to establish the 
following supplementary rules. These rules apply to approximately 86 
acres of public lands within the JILONA, Palm Beach County, Florida, 
Tallahassee Meridian T40S, R43E, Section 31, Lots 15, 17, and 19--to 
read as follows:

Definitions

    Parking area means a specially designed and publicly designated 
area set aside for the standing or temporary stationing of vehicles.
    Permit means a document provided by the BLM authorized officer or 
his designee granting permission to conduct or take part in a specific 
activity at a specific location and at a specific time.
    Vehicle means any wheeled conveyance for transportation of persons 
or materials whether:
    1. Powered or drawn by motor, such as an automobile, truck, 
motorcycle, scooter, or minibike;
    2. Animal-drawn, such as a carriage, wagon, or cart; or
    3. Self-propelled, such as a bicycle, skates, or skateboard.
    Watercraft means any boat, kayak, canoe, raft, houseboat, barge, 
vessel, ship, or any other floating device capable of transporting 
humans or objects over water.

Prohibited Acts

1. Plant and Wildlife Protection and Preservation
    (a) No person shall molest, harm, frighten, kill, trap, hunt, 
chase, shoot, throw objects at, harass, feed, or otherwise inhibit the 
natural movements and habits of any invertebrate, mammal, amphibian, 
reptile, fish, or bird.
    (b) No person shall remove or have in his or her possession the 
young of any wild animal, or the eggs or nests of any amphibian, 
reptile, fish, bird, or invertebrate.
    (c) No person shall introduce, plant, or release any plant or 
animal into any area.
    (d) No person shall dig, move, or remove from any area any sand, 
soil, rocks, stones, trees, shrubs, or plants, fallen timber, or other 
wood or materials, or make any excavation by tool, equipment, blasting, 
or other means.
2. Fires
    (a) No person shall build or attempt to build, light, or cause to 
be lighted any fire or fires unless given permission under a written 
permit from the BLM authorized officer or his designee.
    (b) No person shall drop, throw, or otherwise deposit lighted 
matches, burning cigarettes or cigars, tobacco paper, or other 
flammable materials within any area or on any county highway, road, or 
street abutting or contiguous thereto.
3. Boating
    (a) No person shall launch or operate any watercraft upon any 
watercourse, lagoon, lake, canal, pond, marsh, wet prairie, or slough, 
except at such places that are designated by the BLM for such use or as 
authorized by the BLM.
    (b) No person shall operate, moor, or anchor any watercraft in a 
manner that results in damage or harm to the vegetation, wildlife, or 
shoreline.
4. Prohibited Activities
    (a) No person shall engage in fishing or the buying or selling of 
fish.
    (b) No person shall engage in hunting or trapping, or be in the 
possession of any kind of trapping device. State licensed hunters and 
trappers requested by the BLM authorized officer or his designee to 
remove nuisance and exotic animals are exempt from this prohibition, as 
are State licensed hunters authorized to reduce excessive populations 
of animals causing environmental damage.
    (c) No person shall use firearms or other weapons potentially 
harmful to

[[Page 64655]]

wildlife and dangerous to human safety, except authorized law 
enforcement personnel and persons authorized by the BLM to remove 
nuisance and exotic animals. This prohibition includes shooting into 
the area from beyond its boundaries.
    (d) No person shall engage in the sale, purchase, consumption, or 
possession of alcoholic beverages as defined in section 561.01(4), 
Florida Statutes.
    (e) No person shall use, discharge or be in possession of 
fireworks, explosives, or substances that could be combined into an 
explosive mixture.
    (f) No person shall bring domesticated animals (except horses) or 
pets into the area.
    (g) No person shall conduct vehicle repair within the area, 
including its parking facilities.
    (h) No person shall use an airboat.
    (i) No person shall be in possession of or release inflated 
balloons.
5. Activities Requiring Prior BLM Authorization
    (a) No person shall camp within the area without prior BLM 
authorization.
    (b) No person shall engage in equestrian activities without prior 
BLM authorization.
    (c) No person shall collect plant and animal specimens or use 
watercraft in wetlands for scientific research without prior BLM 
authorization.
    (d) No person shall occupy the area after hours or at night, 
defined as the period between sunset and sunrise, without prior BLM 
authorization.
6. Vehicles
    (a) No person shall drive, operate, or propel any vehicle outside 
the boundaries of designated paved or improved access roads or 
driveways unless specifically authorized to do so by the BLM.
    (b) No person shall park any vehicle at any place other than a 
designated parking area without prior BLM authorization.
    (c) No person shall park any vehicle in a manner that blocks or 
impedes access to a parking area or access road.
    (d) No vehicle shall be left in a parking area overnight without 
prior authorization from the BLM.

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 performing an official duty; and persons, agencies, 
municipalities, or companies holding an existing special-use permit and 
operating within the scope of their permit.

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 may be tried before a United 
States Magistrate and fined no more than $1,000 or imprisoned for no 
more than 12 months or both. Such violations may also be subject to 
enhanced fines provided for by 18 U.S.C. 3571.

John F. Ruhs,
State Director, Eastern States Office.
[FR Doc. 2014-25697 Filed 10-29-14; 8:45 am]
BILLING CODE 4310-GJ-P


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