Proposed Rule2022-25810
Notice of Proposed Supplementary Rule for Public Lands in the Cotoni-Coast Dairies Unit of the California Coastal National Monument in Santa Cruz County, CA
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
November 29, 2022
Issuing agencies
Interior DepartmentLand Management Bureau
Abstract
The Bureau of Land Management (BLM) is proposing a supplementary rule for all public lands within the Cotoni-Coast Dairies unit of the California Coastal National Monument in Santa Cruz County, California. The proposed supplementary rule would allow the BLM to manage recreation, address public safety, and provide resource protection on BLM-administered public lands within the Cotoni-Coast Dairies unit of the California Coastal National Monument.
Full Text
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<title>Federal Register, Volume 87 Issue 228 (Tuesday, November 29, 2022)</title>
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[Federal Register Volume 87, Number 228 (Tuesday, November 29, 2022)]
[Proposed Rules]
[Pages 73275-73278]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-25810]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 8360
[LLCAC09000 L12200000 NU0000 21X]
Notice of Proposed Supplementary Rule for Public Lands in the
Cotoni-Coast Dairies Unit of the California Coastal National Monument
in Santa Cruz County, CA
AGENCY: Bureau of Land Management, Interior.
ACTION: Proposed supplementary rule.
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SUMMARY: The Bureau of Land Management (BLM) is proposing a
supplementary rule for all public lands within the Cotoni-Coast Dairies
unit of the California Coastal National Monument in Santa Cruz County,
California. The proposed supplementary rule would allow the BLM to
manage recreation, address public safety, and provide resource
protection on BLM-administered public lands within the Cotoni-Coast
Dairies unit of the California Coastal National Monument.
DATES: Comments on the proposed supplementary rule must be received or
postmarked by January 30, 2023 to be assured of consideration.
ADDRESSES: Written comments on the proposed supplementary rule can be
delivered to the Bureau of Land Management, BLM Central Coast Field
Office, 940 2nd Ave., Marina, CA 93933, or emailed to:
<a href="/cdn-cgi/l/email-protection#dab8b6b785b9bb85b9b5aeb5b4b385b9b5bba9ae85bebbb3a8b3bfa99ab8b6b7f4bdb5ac"><span class="__cf_email__" data-cfemail="c5a7a9a89aa6a49aa6aab1aaabac9aa6aaa4b6b19aa1a4acb7aca0b685a7a9a8eba2aab3">[email protected]</span></a>.
A link to this notice and a map depicting the area that would be
affected by the proposed supplementary rule will be available to the
public for review on the BLM website at <a href="https://www.blm.gov/cotoni-coast-dairies">https://www.blm.gov/cotoni-coast-dairies</a>, and in the Central Coast Field Office.
FOR FURTHER INFORMATION CONTACT: Sky Murphy, Planning and Environmental
Coordinator, BLM Central Coast Field Office; telephone: (831) 582-2200,
email: <a href="/cdn-cgi/l/email-protection#790a140c0b091100391b1514571e160f"><span class="__cf_email__" data-cfemail="e7948a9295978f9ea7858b8ac9808891">[email protected]</span></a>.
Individuals in the United States who are deaf, deafblind, hard of
hearing, or have a speech disability may dial 711 (TTY, TDD, or
TeleBraille) to access telecommunications relay services for contacting
Sky Murphy. Individuals outside the United States should use the relay
services offered within their country to make international calls to
the point-of-contact in the United States.
SUPPLEMENTARY INFORMATION:
I. Public Comment Procedures
Written comments on the proposed supplementary rule should be
specific, confined to issues pertinent to the proposed supplementary
rule, and should explain the reason for any recommended change. Where
possible, comments should reference the specific section or paragraph
of the rule that the comment is addressing. The BLM need not consider
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 those
listed earlier (see ADDRESSES).
Before including your address, telephone number, email address, or
other personal identifying information in your comment, be advised 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 from public review your personal identifying
information, we cannot guarantee that we will be able to do so. All
submissions from organizations and businesses, and from individuals
identifying themselves as representatives or officials of organizations
or businesses, will be available for public inspection in their
entirety.
Upon its completion, the final supplementary rule will be available
for inspection in the Central Coast Field Office (see ADDRESSES). The
BLM will announce the publication of the final rule broadly through the
news media and direct mail to the constituents included on the BLM mail
list. The BLM will also provide information to interested agencies and
organizations.
II. Background
The BLM establishes supplementary rules under the authority of 43
CFR 8365.1-6, which allows BLM State Directors to establish such rules
for the protection of persons, property, and public lands and
resources. This regulatory provision allows the BLM to issue rules of
less than national effect without codifying the rules in the Code of
Federal Regulations.
III. Discussion of Proposed Supplementary Rule
The BLM completed the Cotoni-Coast Dairies Resource Management Plan
(RMP) Amendment on June 23, 2021, to establish land use decisions that
protect the objects and values of the Cotoni-Coast Dairies unit of the
California Coastal National Monument and support responsible recreation
opportunities. Public participation during planning for use and
enjoyment of the Cotoni-Coast Dairies unit indicates that it will be a
popular area and a supplementary rule is needed to allow for law
enforcement to enforce decisions to manage recreation and protect
cultural and natural resources.
Thus, the proposed supplementary rule would apply to all the BLM-
administered lands in the Cotoni-Coast Dairies unit. Persons performing
essential operations central to the BLM's mission would be exempt. Such
persons would include, for example, members of any organized law
enforcement, rescue, or fire-fighting force.
The proposed supplementary rule is needed to provide consistency
and uniformity for visitors to BLM-administered lands, prevent resource
damage and user conflicts, and provide greater safety to the visiting
public. Therefore, a supplementary rule is necessary to address the
following issues and concerns:
Resource Damage: Presidential Proclamation 9563 added the Cotoni-
Coast Dairies unit to the California Coastal National Monument and
identified resource objects and values to be protected. A supplementary
rule is needed to ensure protection of these resources, particularly
biological and cultural resources.
Public Safety: As visitation increases among all types of
recreational users, so do the conflicts between user groups. In crowded
areas, conflicts among users increase risk to visitor safety. Other
recreationists and nearby landowners also have concerns for their
personal safety, as well as damage to property. A supplementary rule is
needed to avoid or minimize such conflicts.
At present, no supplementary rules are in effect for BLM-
administered lands
[[Page 73276]]
in the Cotoni-Coast Dairies unit. Therefore, this supplementary rule is
needed to address management issues and concerns with respect to public
use of this area.
IV. Procedural Matters
Executive Order 12866, Regulatory Planning and Review and Executive
Order 13563--Improving Regulation and Regulatory Review
This proposed supplementary rule is not a significant regulatory
action and is not subject to review by the Office of Management and
Budget under Executive Order 12866. The proposed supplementary rule
would not have an annual effect of $100 million or more on the economy.
It is not intended to affect commercial activity, but rather impose
rules of conduct on recreational visitors for public safety and
resource protection reasons in a limited area of public lands. This
proposed supplementary rule 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. This proposed supplementary rule would not create a
serious inconsistency or otherwise interfere with an action taken or
planned by another agency. This proposed supplementary rule would not
materially alter the budgetary effects of entitlements, grants, user
fees, or loan programs, or the right or obligations of their
recipients, nor does it raise novel legal or policy issues. It merely
strives to protect public safety and the environment.
Regulatory Flexibility Act
Congress enacted the Regulatory Flexibility Act (RFA), 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 rule does not pertain
specifically to commercial or governmental entities of any size, but to
public recreational use of specific public lands. Therefore, the BLM
has determined that under the RFA the proposed supplementary rule would
not have a significant economic impact on a substantial number of small
entities.
Small Business Regulatory Enforcement Fairness Act
This proposed supplementary rule would not constitute a ``major
rule'' as defined at 5 U.S.C. 804(2). This proposed supplementary rule
merely contains rules of conduct for recreational use of public lands.
This proposed supplementary rule would not affect business, commercial,
or industrial use of the public lands.
Unfunded Mandates Reform Act
This proposed supplementary rule 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 it have a
significant or unique effect on small governments. This proposed
supplementary rule does 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)
This proposed supplementary rule would not affect a taking of
private property or otherwise have taking implications under Executive
Order 12630. This proposed supplementary rule would not address
property rights in any form and would not impair any property rights.
Therefore, the BLM has determined that this proposed supplementary rule
would not cause a taking of private property or require further
discussion of takings implications under this Executive Order.
Executive Order 13132, Federalism
This proposed supplementary rule would not have a substantial
direct effect on the states, on the relationship between the Federal
government and the states, or on the distribution of power and
responsibilities among the various levels of government. This proposed
supplementary rule would apply to a limited area of land in only one
state, California. This proposed supplementary rule contains rules of
conduct for recreational use of BLM-administered public lands to
protect public safety and the environment. Therefore, the BLM has
determined that this proposed supplementary rule 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 this
proposed supplementary rule would not unduly burden the judicial system
and that the requirements of sections 3(a) and 3(b)(2) of the Order are
met. More specifically, this proposed rule meets the criteria of
section 3(a), which requires agencies to review all regulations to
eliminate errors and ambiguity and to write all regulations to minimize
litigation. This proposed rule also meets the criteria of section
3(b)(2), which requires agencies to write all regulations in clear
language with clear legal standards.
Executive Order 13175, Consultation and Coordination With Indian Tribal
Governments
The Department 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 evaluated this proposed rule under the
Department's consultation policy and under the criteria in Executive
Order 13175 to identify possible effects of the rule on federally
recognized Indian Tribes. The BLM has found that this proposed
supplementary rule would have no substantial direct effects on
federally recognized Indian Tribes and that consultation under the
Department's Tribal consultation policy is not required. This proposed
supplementary rule would not affect lands held in trust for the benefit
of Native American Tribes, individual Indians, Aleuts, or others.
Paperwork Reduction Act
This proposed supplementary rule does 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.
National Environmental Policy Act
The BLM's Cotoni-Coast Dairies RMP Amendment and Environmental
Assessment, dated September 25, 2020, states that the BLM will
incorporate rules and regulations to address the potential impacts of
visitor use at Cotoni-Coast Dairies (p. 59). The proposed supplementary
rule directly addresses conduct related to the allowable uses
identified in the Cotoni-Coast Dairies Decision Record for the Approved
Resource Management Plan Amendment dated June 23, 2021, to protect the
environment and public safety. As documented in Environmental
Assessment DOI-BLM-CA-C090-2019-0035-EA, and the associated Finding of
No Significant Impact, the proposed supplementary rule does not
constitute a major Federal
[[Page 73277]]
action significantly affecting the quality of the human environment
under Section 102(2)(C) of the National Environmental Policy Act of
1969 (NEPA), 42 U.S.C. 4332(2)(C). Therefore, a detailed statement
under NEPA is not required.
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This proposed supplementary rule would not comprise a significant
energy action. This supplementary rule would not have an adverse effect
on energy supplies, production, or consumption. It only addresses rules
of conduct for recreational use of BLM-administered public lands to
protect public safety and the environment and has no connection with
energy policy.
Clarity of the Proposed Supplementary Rule
Executive Order 12866 and Executive Order 13563 require each agency
to write regulations that are simple and easy to understand. The BLM
invites your comments on how to make this proposed supplementary rule
easier to understand, including answers to questions such as the
following:
(1) Are the requirements in the proposed supplementary rule clearly
stated?
(2) Does the proposed supplementary rule contain technical language
or jargon that interferes with its clarity?
(3) Does the format of the proposed supplementary rule (grouping
and order of sections, use of headings, paragraphing, etc.) aid or
reduce its clarity?
(4) Would the proposed supplementary rule be easier to understand
if it were divided into more (but shorter) sections?
(5) Is the description of the proposed supplementary rule in
Section III: Discussion of the Proposed Supplementary Rule, helpful in
understanding the proposed supplementary rule? How could this
description be more helpful in making the proposed supplementary rule
easier to understand?
Please send any comments you may have on the clarity of the
proposed supplementary rule to one of the addresses specified in the
ADDRESSES section before the close of the comment period specified in
the DATES section.
Author
The principal author of the proposed supplementary rule is Nicholas
Lasher, BLM Law Enforcement Officer for the Central Coast Field Office,
California.
V. Proposed Rule
For the reasons stated in the Section III: Discussion of the
Proposed Supplementary Rule, and under the authority for supplementary
rules at 43 U.S.C. 1740 and 43 CFR 8365.1-6, the California State
Director, Bureau of Land Management, proposes to issue this
supplementary rule that would apply to all public lands included in the
Cotoni-Coast Dairies unit (Cotoni-Coast Dairies) of the California
Coastal National Monument to read as follows:
Definitions
Designated roads and trails means any road or trail that the BLM
has posted as open for public use.
Pet means any domestic animal that is not classified as a ``service
animal''.
Public lands means any lands or interest in lands managed by the
BLM.
Public road means any road, dirt or otherwise, on which public
motorized vehicular traffic is permitted.
Recreational target shooting means shooting a weapon for
recreational purposes when game is not being pursued. Weapon means any
firearm, cross bow, bow and arrow, paint gun, fireworks, or explosive
device capable of propelling a projectile either by means of an
explosion or by string or spring.
Service animal means a dog, or other animal, that is individually
trained to do work or perform tasks for people with disabilities as
covered under the Americans with Disabilities Act.
Traffic control devices means markers, signs, and signal devices
used to inform, guide, and control traffic, including pedestrians,
motorists, cyclists, or electronic mobility products.
Unattended pet means any pet that is unaccompanied by an owner or
handler, even if on a tether, within a crate, or within an unoccupied
motor vehicle.
Unmanned aerial vehicle means any aircraft without a human pilot on
board.
Restrictions on Public Lands in the Cotoni Coast Dairies Unit of the
California Coastal National Monument
1. All public use is restricted to designated roads and trails.
2. Bicycles and bicycle riding are prohibited except on designated
roads and trails that are posted as open for bicycle and bicycle riding
use.
3. Class I and Class II electric bicycles, as defined in 43 CFR
8340.0-5(j), and riding electric bikes are prohibited except on
designated roads and trails that are posted as open for their use. All
other electric bicycles and other electric mobility products are
prohibited except within established parking areas and public roads.
4. Horseback riding is prohibited except on designated roads and
trails that are posted as open for horseback riding use.
5. Violation of any posted sign, rule, or notification, including
any traffic control devices, is prohibited.
6. Established parking areas are for the use of visitors to Cotoni-
Coast Dairies unit of the California Coastal National Monument only.
7. Use and occupancy of all lands within the Cotoni-Coast Dairies
are prohibited from \1/2\ hour after sunset to \1/2\ hour before
sunrise.
8. Pets are prohibited except on designated roads and trails that
are posted as open for their use. Service animals are exempt from this
rule.
9. All pets must be physically restrained, or on a leash or cord
not to exceed 6 feet in length, at all times.
10. Visitors are prohibited from leaving a pet unattended.
11. It is unlawful for the owner or person having custody of any
pet to allow pet feces to remain on Cotoni-Coast Dairies, either
willfully or through failure to exercise due care or control, other
than within trash receptacles provided for such purposes.
12. Fires of any kind are prohibited, including open fire, wood,
charcoal, and gas.
13. Abandoning property or leaving property unattended for more
than 24 hours is prohibited. The BLM may remove and appropriately
dispose of unattended property.
14. Construction or building of any structure is prohibited.
15. Placing flagging, markings, or signs of any kind is prohibited.
16. Possession or use of a mineral or metal detector, magnetometer,
side scan sonar, other metal detecting device, or sub-bottom profiler
is prohibited.
17. The taking of wildlife, except for authorized hunting
activities in accordance with California Department of Fish and
Wildlife regulations, and possessing unlawfully taken wildlife or
portions thereof, is prohibited.
18. Disturbing wildlife with audio devices, including speakers, air
horns, and musical instruments, is prohibited.
19. Taking off or landing of aircraft, including unmanned aerial
vehicles, is prohibited.
20. Paragliding, hang-gliding, and similar recreational uses are
prohibited from taking off or landing within the Cotoni-Coast unit of
the California Coastal National Monument.
21. Recreational target shooting is prohibited.
22. The following persons are exempt from these final supplementary
rules: Any Federal, State, or local officer or
[[Page 73278]]
employee in the scope of their duties; members of any organized law
enforcement, rescue, or fire-fighting force in performance of an
official duty; and any person whose activities are authorized in
writing by the BLM.
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 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
California law.
(Authority: 43 CFR 8365.1-6)
Karen Mouritsen,
BLM California State Director.
[FR Doc. 2022-25810 Filed 11-28-22; 8:45 am]
BILLING CODE 4310-40-P
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</html>Indexed from Federal Register on November 29, 2022.
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