Rule2021-16535
Final Supplementary Rules for Public Lands Managed by the Eastern Interior Field Office at the Fairbanks District Office Administrative Site, Fairbanks, Alaska
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 5, 2021
Effective
September 7, 2021
Issuing agencies
Interior DepartmentLand Management Bureau
Abstract
The Bureau of Land Management (BLM) is finalizing supplementary rules for all BLM-managed public lands within the Fairbanks District Office administrative site. These rules are necessary to enhance the safety of visitors, protect natural resources, improve recreation experiences and opportunities, and protect public health.
Full Text
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<title>Federal Register, Volume 86 Issue 148 (Thursday, August 5, 2021)</title>
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[Federal Register Volume 86, Number 148 (Thursday, August 5, 2021)]
[Rules and Regulations]
[Pages 42735-42738]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-16535]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 8360
[18X LLAKF0000 L12200000.DD0000 LXSS002L0000]
Final Supplementary Rules for Public Lands Managed by the Eastern
Interior Field Office at the Fairbanks District Office Administrative
Site, Fairbanks, Alaska
AGENCY: Bureau of Land Management, Interior.
ACTION: Final supplementary rules.
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SUMMARY: The Bureau of Land Management (BLM) is finalizing
supplementary rules for all BLM-managed public lands within the
Fairbanks District Office administrative site. These rules are
necessary to enhance the safety of visitors, protect natural resources,
improve recreation experiences and opportunities, and protect public
health.
DATES: These supplementary rules are effective September 7, 2021.
ADDRESSES: You may send inquiries by mail, email, or hand delivery.
Mail or hand delivery: Michelle Ethun, Fairbanks District Office,
Bureau of Land Management, 222 University Avenue, Fairbanks, AK 99709.
Email: <a href="/cdn-cgi/l/email-protection#c481a5b7b0a1b6aa8daab0a1b6adabb684a6a8a9eaa3abb2"><span class="__cf_email__" data-cfemail="a5e0c4d6d1c0d7cbeccbd1c0d7cccad7e5c7c9c88bc2cad3">[email protected]</span></a> (Include ``final supplementary rules''
in subject line).
FOR FURTHER INFORMATION CONTACT: Michelle Ethun, Fairbanks District
Office, Bureau of Land Management, 222 University venue, Fairbanks AK
99709, 907-474-2200. People who use a telecommunications device for the
deaf (TDD) may call the Federal Relay Service (FRS) at 1-800-877-8339
to contact the above individual during normal business hours. You can
access the FRS 24 hours a day, seven days a week, to leave a message or
question with the above individual. You will receive a reply during
normal business hours.
SUPPLEMENTARY INFORMATION:
I. Background
The Fairbanks District Office building is located within a densely
developed, mixed residential/commercial area of Fairbanks, Alaska, on
BLM-managed public lands within the boundaries of the Eastern Interior
Field Office along the bank of the Chena River. In addition to visitors
to these offices, the public often uses the open space adjacent to the
office building to picnic, walk dogs, or access the Chena River.
Visitors encounter inconsistent rules regarding appropriate conduct at
the Fairbanks District Office administrative site. This inconsistency
hampers the BLM's ability to provide a safe visitor experience and
minimize conflicts among users.
These final supplementary rules establish a consistent set of rules
for the Fairbanks District Office administrative site. Absent such
rules, BLM Law Enforcement Rangers face impediments to preventing acts
that compromise public health and safety, such as open fires in
proximity to office buildings, overnight/long-term occupancy,
unattended domestic animals, and unattended vehicles. The highly
urbanized nature of the Fairbanks District Office administrative site,
and its location in Class C-E airspace on final approach to Fairbanks
International Airport as well as the adjacent State Division of
Forestry-Interagency Fire helipad, make some uses of public lands
inappropriate; for example, no person may operate an aerial drone in a
manner that interferes with neighboring Forestry helipads (14 CFR
107.43). In addition, enforcing State laws and/or borough ordinances is
administratively more difficult for BLM Law Enforcement Rangers than
enforcing established BLM rules. The BLM is establishing these
supplementary rules 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. There
are currently no existing supplementary rules for the Fairbanks
District Office administrative site. The administrative site is all
property and lands encompassed within the land parcels managed by the
BLM within the Fairbanks North Star Borough, legal address 222
University Avenue, Fairbanks, AK 99709, described as:
Fairbanks Meridian, Alaska
T. 1 S., R. 1 W.,
Sec. 7, lots 63 and 69.
The area described here aggregates 11.41 acres.
You may obtain a map of the Fairbanks District Office
administrative site in Fairbanks, Alaska, by contacting the office (see
ADDRESSES) or by accessing the following web page. <a href="https://eplanning.blm.gov/eplanning-ui/project/71962/510">https://eplanning.blm.gov/eplanning-ui/project/71962/510</a>.
II. Discussion of Public Comments and Final Supplementary Rules
In general, the BLM uses supplementary rules for permanent, site-
specific regulations where general BLM regulations do not meet the
specific management needs of a site's unique characteristics. Most
common are rules for recreation areas or administrative sites, such as
the Fairbanks District Office administrative site. These final
supplementary rules apply to 11.41 acres of BLM-managed public lands
comprising the BLM Fairbanks District Office administrative site. These
final rules address general public conduct and public safety concerns
at the BLM facility.
BLM Law Enforcement Rangers will enforce rules only in relation to
BLM-managed lands above the mean high water line of the Chena River.
Nothing in these final rules imparts any new or special authority or
jurisdiction to BLM Law Enforcement Rangers on or within the navigable
waters of the State of Alaska or airspace managed by the Federal
Aviation Administration. The final rules seek to minimize conflicts
with the Fairbanks District Office administrative site's year-round
heavy use by employees, volunteers, school groups, contractors, and the
public. During the drafting of these rules, which include provisions
that address hunting and trapping, the BLM consulted with the Fairbanks
Region of the Alaska Department of Fish and Game, which did not object.
The Alaska Department of Fish and Game has closed the Chena
[[Page 42736]]
River to beaver trapping downstream from its confluence with the Little
Chena River by State trapping regulations, and the closure area
encompasses the segment of the River's riparian corridor adjoining the
BLM Fairbanks District Office administrative site.
Supplementary rules 3-4, 7, and 10-11 are consistent with existing
State laws or regulations and municipal ordinances and will facilitate
cooperation between BLM Law Enforcement Rangers and local or State
authorities. Supplementary rules 1, 5, and 8-9 are new. Supplementary
rules 2, 6, and 12-13 implement minor modifications or revisions to
existing BLM regulations in order to improve enforcement and better
align with the Fairbanks administrative site's urban environment.
The BLM published proposed supplementary rules in the Federal
Register on November 21, 2017 (82 FR 55340). Publication of the
proposed rules started a 60-day public comment period that ended on
January 22, 2018. The BLM received 80 written comments on the proposed
rule. One comment from a member of the public was supportive of
prohibiting hunting and trapping at the administrative site.
The Alaska Department of Fish and Game asked for clarification that
the rule would not prohibit the Department from issuing permits for the
harvest of nuisance beavers from the Administrative site. The
Department has issued such permits along the Chena River, near the
Administrative site in the past. The BLM did not make any changes to
the supplementary rules in response to Alaska Department of Fish and
Game's comment because the rule allows the BLM to provide exemptions
for this type of activity. Persons, agencies, municipalities or
companies holding a valid special-use permit from the BLM and operating
within the scope of their permit are exempt from any of the
supplementary rules that are in conflict with the permit. Additionally,
the Authorized Officer has discretion to authorize exemptions from the
supplementary rules. Therefore, the BLM could exempt a permittee
authorized by the Alaska Department of Fish and Game to harvest
nuisance beavers from the Administrative site from these supplementary
rules either by issuing a BLM special-use permit or by issuing a
specific exemption.
The remaining comments are not pertinent to these supplementary
rules. The BLM has not revised the rules in response to them.
On its own initiative, the BLM revised the proposed supplementary
rules in order to clarify, simplify, and remove duplicative or
unnecessary rules. Through this process, the BLM reduced the number of
rules from 27 to 13. For example, the proposed rule included three
prohibited acts related to weapons and/or firearms. The BLM determined
that these were duplicative and that prohibited act 3 is sufficient.
The BLM clarified that the definition of ``camping'' is limited to
lands above mean high water on the Chena River. The BLM revised the
definition of ``explosives'' in order to update the definition's
reference to a list of explosive materials published and revised at
least annually in the Federal Register by the U.S. Department of
Justice.
III. Procedural Matters
Executive Order 12866 and 13563, Regulatory Planning and Review
Executive Order 12866 provides that the Office of Information and
Regulatory Affairs in the Office of Management and Budget will review
all significant rules. These supplementary rules are not a significant
regulatory action and are not subject to review by the Office of
Information and Regulatory Affairs under Executive Order 12866.
Executive Order 13563 reaffirms the principles of Executive Order
12866 while calling for improvements in the nation's regulatory system
to promote predictability, to reduce uncertainty, and to use the best,
most innovative, and least burdensome tools for achieving regulatory
ends. The executive order directs agencies to consider regulatory
approaches that reduce burdens and maintain flexibility and freedom of
choice for the public where these approaches are relevant, feasible,
and consistent with regulatory objectives. Executive Order 13563
emphasizes further that regulations must be based on the best available
science and that the rulemaking process must allow for public
participation and an open exchange of ideas. The BLM's State Office in
Alaska has developed these supplementary rules in a manner consistent
with these requirements.
National Environmental Policy Act (NEPA)
These supplementary rules do not constitute a major Federal action
significantly affecting the quality of the human environment. A
detailed statement under the National Environmental Policy Act of 1969
is not required because the BLM reached a Finding of No Significant
Impact (FONSI). Through an interdisciplinary review, the BLM Eastern
Interior Field Office prepared an Environmental Assessment (DOI-BLM-AK-
F020-2017-0006-EA) and made it available on the BLM Eastern Interior
Field Office NEPA register for public inspection on February 14, 2017,
along with a draft FONSI. The Environmental Assessment and draft FONSI
were available for public review on the BLM NEPA register for 30 days.
The BLM's State Office in Alaska did not receive any comments. The
Eastern Interior Field Manager signed a Decision Record to move forward
with the proposed supplementary rule on March 17, 2017. These documents
are available online at <a href="https://eplanning.blm.gov/eplanning-ui/project/71962/510">https://eplanning.blm.gov/eplanning-ui/project/71962/510</a>.
Regulatory Flexibility Act
These supplementary rules will not have a significant economic
effect on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.).
Small Business Regulatory Enforcement Fairness Act
These supplementary rules do not comprise a major rule under 5
U.S.C. 804(2), the Small Business Regulatory Enforcement Fairness Act.
These supplementary rules:
(a) Do not have an annual effect on the economy of $100 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) Do 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.
These supplementary rules merely establish rules of conduct for use
of certain public lands and do not affect commercial or business
activities of any kind.
Unfunded Mandates Reform Act
These supplementary rules do not impose an unfunded mandate on
State, local, or tribal governments, or the private sector of more than
$100 million per year. These rules do not have a significant or unique
effect on State, local, or tribal governments or the private sector. A
statement containing the information required by the Unfunded Mandates
Reform Act (2 U.S.C. 1531 et seq.) is not required.
Executive Order 12630, Takings
These supplementary rules do not effect a taking of private
property or otherwise have taking implications under Executive Order
12630. These
[[Page 42737]]
rules do not address property rights in any form, and do not cause the
impairment of one's property rights. A takings implication assessment
is not required.
Executive Order 13132, Federalism
Under the criteria in section 1 of Executive Order 13132, these
rules do not have sufficient federalism implications to warrant the
preparation of a federalism summary impact statement. These rules do
not conflict with any Alaska State law or regulation. A federalism
summary impact statement is not required.
Executive Order 12988, Civil Justice Reform
These supplementary rules comply with the requirements of Executive
Order 12988. Specifically, these rules:
(a) Meet the criteria of section 3(a) requiring that all
regulations be reviewed to eliminate errors and ambiguity and be
written to minimize litigation; and
(b) Meet the criteria of section 3(b)(2) requiring that all
regulations be written in clear language and contain clear legal
standards.
Executive Order 13175, Consultation and Coordination With Indian Tribal
Governments
The Department of the Interior strives to strengthen its
government-to-government relationship with Indian tribes, through a
commitment to consultation with Indian tribes and recognition of their
right to self-governance and tribal sovereignty. The BLM's State Office
in Alaska has evaluated these supplementary rules under the
Department's consultation policy and under the criteria in Executive
Order 13175 and has determined that they have no substantial direct
effects on federally recognized Indian tribes and that consultation
under the Department's tribal consultation policy is not required.
These rules do not affect Indian resource, religious, or property
rights.
Executive Order 13352, Facilitation of Cooperative Conservation
These final supplementary rules will not impede cooperative
conservation. The process used to develop these rules considered the
interests of persons with ownership or other legally recognized
interests in land; properly accommodated local participation in the
process; and are consistent with protecting public health and safety.
Information Quality Act
The BLM did not conduct or use a study, experiment, or survey to
disseminate information to the public in developing the proposed or
final supplementary rules.
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
These supplementary rules do not comprise a significant energy
action under the definition in Executive Order 13211. A Statement of
Energy Effects is not required.
Paperwork Reduction Act
These supplementary rules do not contain information collection
requirements, and a submission to the Office of Management and Budget
under the Paperwork Reduction Act is not required.
Final Supplementary Rules
Author
The principal author of these supplementary rules is Jonathan
Priday, Bureau of Land Management Law Enforcement Ranger for the
Eastern Interior Field Office. For the reasons stated in the preamble,
and under the authority of 43 CFR 8365.1-6, the State Director
establishes supplementary rules for public lands managed by the BLM in
Fairbanks, Alaska to read as follows:
Definitions
1. Brandish means to point, shake, or wave menacingly or to exhibit
in an ostentatious manner.
2. Camping means erecting a tent or shelter of natural or synthetic
material, preparing a sleeping bag or other bedding material, parking a
motor vehicle, motor home, or trailer, or mooring a vessel above mean
high water line of the Chena River for the apparent purpose of
overnight occupancy.
3. Command and control of an animal means that the animal returns
immediately to and remains by the side of the handler in response to a
verbal command. An animal is not under command and control if the
animal approaches or remains within 10 feet of any person other than
the handler, unless that person has communicated to the handler by
spoken word or gesture that he or she consents to the presence of the
animal.
4. Explosives means any chemical compound, mixture, or device, the
primary or common purpose of which is to function by explosion; the
term includes, but is not limited to, dynamite and other high
explosives, black powder, tannerite, ammonium perchlorate, ammonium
nitrate, blasting caps, pellet powder, initiating explosives,
detonators, safety fuses, squibs, detonating cord, igniter cord, and
igniters. The term also includes materials on the list published and
revised at least annually in the Federal Register by the U.S.
Department of Justice pursuant to 18 U.S.C. 841(d) and 27 CFR 555.23.
5. Firearm or other projectile shooting device means all firearms,
air rifles, pellet and BB guns, spring guns, bows or crossbows and
arrows, slings, paint ball markers, other instruments that can propel a
projectile (such as a bullet, dart, or pellet) by combustion, air
pressure, gas pressure, or other means, or any instrument that can be
loaded with and fire blank cartridges.
6. Motorized vehicle means a vehicle that is propelled by a motor
or engine, such as a car, truck, off-highway vehicle, motorcycle, or
snowmobile.
7. Street legal vehicle means a motorized vehicle that meets
standards and requirements identified in Alaska Administrative Code
Title 13 and Alaska Statute 28--Motor Vehicles.
8. Tether means to restrain an animal by tying to any object or
structure by any means, including without limitation a chain, rope,
cord, leash, or running line. Tethering does not include using a leash
to walk an animal.
9. Fairbanks District Office administrative site means the parcels
located at Fairbanks Meridian, Alaska, T. 1 S., R. 1 W., sec. 7, lots
63 and 69. The area described aggregates 11.41 acres.
Prohibited Acts
Unless otherwise authorized by the BLM, the following actions are
prohibited on lands included within the Fairbanks District Office
administrative site:
1. Unauthorized overnight occupancy, use, camping, or parking.
Overnight is defined as anytime between the hours of 10 p.m. and 6
a.m.;
2. Starting or maintaining a fire except in approved devices;
3. Using, carrying, or brandishing weapons in violation of Alaska
State and/or Federal law;
4. Failing to properly supervise pets or domestic animals as
defined below:
a. Failing to restrain pets or domestic animals at all times.
Leashes may not exceed six (6) feet in length.
b. Failing to immediately remove or dispose of in a sanitary manner
all pet or domestic animal waste;
c. Failing to prevent a pet from harassing, molesting, or injuring
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humans, domesticated animals, or wildlife;
d. Leaving unattended and/or tethered domestic animals, except for
animals that are inside passenger vehicles;
5. Launching or operating drones or other aerial unmanned vehicles;
6. Possessing or using fireworks and/or explosives;
7. Parking a motorized vehicle in violation of posted restrictions;
8. Leaving property unattended in excess of 24 hours;
9. Hunting or trapping;
10. Disorderly conduct as defined in Alaska Statute 11.61.110;
11. Indecent exposure as defined in Alaska Statute 11.41.458 and/or
11.41.460;
12. Cutting or gathering green trees or parts, or removing down or
standing dead wood for any purpose;
13. Unauthorized access to or use of government or employee-owned
structures or vehicles.
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 valid special-use
permit and operating within the scope of their permit.
Enforcement
Any person who violates any of these supplementary rules may be
tried before a United States Magistrate and fined in accordance with 18
U.S.C. 3571, imprisoned for 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
Alaska law.
Chad Padgett,
State Director, Alaska.
[FR Doc. 2021-16535 Filed 8-4-21; 8:45 am]
BILLING CODE 4310-JA-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.