64652 Federal Register / Vol. 79, No. 210 / Thursday, October 30, 2014 / Notices 

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. 

SUMMARY: The Bureau of Land 

Management (BLM) is proposing 

supplementary rules for all BLMadministered 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: 

• Email: pdewitt@blm.gov. 

• 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 pdewitt@blm.gov. 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. 


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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 foreignbased 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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64654 Federal Register / Vol. 79, No. 210 / Thursday, October 30, 2014 / Notices 

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. Governmentowned 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 


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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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