Proposed Rule2023-01694
Proposed Supplementary Rule for the Mineral and Hell Roaring Canyons Area of Public Lands and Requirement To Obtain an Individual Special Recreation Permit to Rock Climb Within the Moab Canyons Special Wildlife Area (Mineral and Hell Roaring Canyons) Managed by the Moab Field Office in Grand County, Utah
Primary source
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Published
January 31, 2023
Issuing agencies
Interior DepartmentLand Management Bureau
Abstract
The BLM proposes to establish a supplementary rule prohibiting non-permitted roped and aerial activities, and the construction or installation of temporary structures in and along the walls and rims of Mineral and Hell Roaring canyons, as well as on the canyon walls and rims along the Green River corridor connecting these two canyons. The rule would also prohibit climbing in this area without a permit. The permit system for climbing in the special area and the proposed supplementary rule would protect vital wildlife habitat from increasing encroachment of recreational uses.
Full Text
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<title>Federal Register, Volume 88 Issue 20 (Tuesday, January 31, 2023)</title>
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[Federal Register Volume 88, Number 20 (Tuesday, January 31, 2023)]
[Proposed Rules]
[Pages 6217-6219]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-01694]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 8360
[212L1109AF LLUTY00000 L12200000.MA0000]
Proposed Supplementary Rule for the Mineral and Hell Roaring
Canyons Area of Public Lands and Requirement To Obtain an Individual
Special Recreation Permit to Rock Climb Within the Moab Canyons Special
Wildlife Area (Mineral and Hell Roaring Canyons) Managed by the Moab
Field Office in Grand County, Utah
AGENCY: Bureau of Land Management, Interior.
ACTION: Proposed supplementary rule; request for public comments.
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SUMMARY: The BLM proposes to establish a supplementary rule prohibiting
non-permitted roped and aerial activities, and the construction or
installation of temporary structures in and along the walls and rims of
Mineral and Hell Roaring canyons, as well as on the canyon walls and
rims along the Green River corridor connecting these two canyons. The
rule would also prohibit climbing in this area without a permit. The
permit system for climbing in the special area and the proposed
supplementary rule would protect vital wildlife habitat from increasing
encroachment of recreational uses.
DATES: Comments on the proposed supplementary rule must be received or
postmarked by April 3, 2023.
ADDRESSES: Comments may be submitted by mail, hand delivery, or email
to the BLM Moab Field Office, Attention: Mineral and Hell Roaring, 82
East Dogwood Avenue, Moab, Utah 84532, or <a href="/cdn-cgi/l/email-protection#39524a4d5c4f5c574a795b5554175e564f"><span class="__cf_email__" data-cfemail="a9c2daddccdfccc7dae9cbc5c487cec6df">[email protected]</span></a>. The
proposed supplementary rule and accompanying environmental documents
are available for inspection at the BLM Moab Field Office, 82 East
Dogwood Avenue, Moab, Utah, and on the ePlanning website: <a href="https://eplanning.blm.gov/eplanning-ui/project/1504945/510">https://eplanning.blm.gov/eplanning-ui/project/1504945/510</a>.
FOR FURTHER INFORMATION CONTACT: Jennifer Jones, Moab Field Office
Assistant Manager, 82 East Dogwood Avenue, Moab, Utah 84532, (435) 259-
2100, or <a href="/cdn-cgi/l/email-protection#93f1fffecce6e7ccfef1ccfef2faffd3f1fffebdf4fce5"><span class="__cf_email__" data-cfemail="b6d4dadbe9c3c2e9dbd4e9dbd7dfdaf6d4dadb98d1d9c0">[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. 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
II. Background
III. Discussion
IV. Procedural Matters
V. Proposed Supplementary Rules for the BLM Moab Field Office
I. Public Comment Procedures
Written comments on the proposed supplementary rule must be sent in
accordance with the information outlined in the DATES and ADDRESSES
sections of this notification. The BLM is not obligated to consider
comments that are received after the close of the comment period (see
DATES) unless these comments are postmarked or electronically dated
before the deadline. The BLM is not obligated to consider comments that
are delivered to an address other than that listed above in ADDRESSES
section. Comments 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 proposed rule that the comment is
addressing. Your address, telephone number, email address, and other
personal identifying information in your comment may be made publicly
available at any time. While you can ask in your comment to withhold
personal identifying information from public review, we cannot
guarantee that we will be able to do so. Comments, including names,
addresses, and other contact information of respondents, will be
available for public review at the BLM Moab Field Office, 82 East
Dogwood Avenue, Moab, Utah 84532, during regular business hours (7:45
a.m.-4:30 p.m., Monday through Friday, except Federal holidays).
II. Background
The BLM Moab Field Office has jurisdiction from the Grand County,
Utah, line to the north, the Utah-Colorado State line to the east,
Harts Draw and Lisbon Valley to the south, and the Green River to the
west. The public lands managed by the BLM Moab Field Office are an
increasing domestic and international tourist destination that host
three million visitors per year. Mineral and Hell Roaring canyons
provide important habitat for the Mexican spotted owl (a federally
threatened species), golden eagles and other raptors, Utah's only
endemic herd of desert bighorn sheep, and other wildlife. In recent
years, roped and
[[Page 6218]]
aerial recreational activities have increased, putting wildlife and
their prime habitats at risk. The goal of the new Individual Special
Recreation Permit (ISRP) requirement for climbing and the proposed
supplementary rule prohibiting non-permitted roped and aerial
activities is to prevent further recreational encroachment into this
prime habitat as these activities are impactful to these species.
In June 2021, the BLM issued a decision record and finding of no
significant impact that established a special area in Mineral and Hell
Roaring canyons (Moab Canyons Special Wildlife Area), created a
permitting system for rock climbing only in the special area. The
decision record also outlined the need to establish a supplementary
rule prohibiting all other roped and aerial activities within the
10,044-acre special area. In accordance with 43 CFR 2932.11(b)(1), all
persons must obtain an ISRP to rock climb in the special area. The BLM
will not issue permits for aerial or roped activities other than
climbing. The decision record was supported by an environmental
assessment (EA) that analyzed two action alternatives: a total year-
round ban on aerial and roped activities, and the institution of a
limited seasonal permit system allowing some climbing activity at
specified locations. During the 30-day public comment period for the
EA, the BLM received 13 comments. Seven comments, including those
submitted by the Utah Public Lands Policy Coordinating Office and two
non-governmental organizations, supported the total year-round ban on
aerial and roped activities in Mineral and Hell Roaring canyons. Six
commenters, including the Access Fund and Slackline U.S., opposed some
or all of that proposal and expressed an interest in greater access for
roped and aerial activities. In response, the BLM established a special
area and authorized a permit system that would allow a limited amount
of climbing seasonally on specific climbs in designated areas.
III. Discussion
The proposed supplementary rule, which would prohibit roped
activities and aerial activities other than climbing under a valid
ISRP, is critical to the BLM's ability to manage important wildlife
habitat while allowing for sustainable recreational use.
The reasoning for the rule is addressed below.
Proposed rule: Non-permitted roped and aerial activities are
disallowed within a 10,044-acre area encompassing Mineral and Hell
Roaring canyons. All persons must possess a valid ISRP to engage in
climbing within the Mineral and Hell Roaring canyons area. No permits
will be issued for aerial or roped activities other than climbing.
Climbing and other aerial and roped activities allow human access
into otherwise inaccessible habitats. Other forms of recreation
(hiking, driving, camping, horseback riding) and other public uses such
as grazing cannot reach those areas. Climbing and other aerial and
roped activities adversely affect Mexican spotted owl, golden eagles
and other raptors because climbers and aerialists access the cliffs
used by these species for nesting, foraging, and resting. In addition,
desert bighorn sheep use the talus slopes below the cliffs accessed by
climbers and aerialists as escape terrain for the critical life
functions that make herd viability possible. Restrictions have already
been placed on motorized vehicle use, camping, grazing, and mineral
development in these canyons to protect these species through the 2008
Moab Resource Management Plan.
IV. Procedural Matters
Executive Order 12866, Regulatory Planning and 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 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. The
proposed supplementary rule would not create a serious inconsistency or
otherwise interfere with an action taken or planned by another agency.
The proposed supplementary rule would not materially alter the
budgetary effects of entitlements, grants, user fees, loan programs, or
the rights or obligations of their recipients; nor does it raise novel
legal or policy issues. The supplementary rule merely establishes rules
of conduct for public use on a limited area of public lands.
Clarity of the Regulations
Executive Order 12866 requires each agency to write regulations
that are simple and easy to understand. The BLM invites comments on how
to make this supplementary rule easier to understand, including answers
to questions such as the following:
1. Are the requirements in the supplementary rule clearly stated?
2. Does the supplementary rule contain technical language or jargon
that interferes with their clarity?
3. Does the format of the supplementary rule (grouping and order of
sections, use of headings, paragraphing, etc.) aid or reduce clarity?
4. Is the description of the supplementary rule in the
SUPPLEMENTARY INFORMATION section of this preamble helpful in
understanding the supplementary rule? How could this description be
more helpful in making the supplementary rule easier to understand?
Please send any comments on the clarity of the rule to the address
specified in the ADDRESSES section.
National Environmental Policy Act
The direction for the BLM to establish a supplementary rule
prohibiting all other roped and aerial activities within the 10,044-
acre special area was proposed, analyzed and authorized in EA DOI-BLM-
UT-Y010-2020-0068-EA. The decision includes the details of the permit
system which would allow limited climbing on a seasonal basis. The
approved EA is available for review at the physical and online
locations identified in the ADDRESSES section.
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 rule
would merely establish a rule of conduct for public use on a limited
area of public lands. Therefore, the BLM has determined that the
proposed supplementary rule would not have a significant economic
impact on a substantial number of small entities.
Small Business Regulatory Enforcement Fairness Act
The proposed supplementary rule is not ``major'' as defined under 5
U.S.C. 804(2). The proposed supplementary rule would merely establish
rules of conduct for public use on a limited area of public lands and
would not affect commercial or business activities of any kind.
Unfunded Mandates Reform Act
The proposed supplementary rule would not impose an unfunded
[[Page 6219]]
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. The proposed
supplementary rule would have no effect on governmental or Tribal
entities and would impose no requirements on any of these entities. The
proposed supplementary rule would merely establish a rule of conduct
for public use on a limited selection of public lands and would not
affect Tribal, commercial or business activities of any kind.
Therefore, the BLM is not required to prepare a statement containing
the information required by the Unfunded Mandates Reform Act (2 U.S.C.
1531 et seq.).
Executive Order 12630, Governmental Actions and Interference With
Constitutionally Protected Property Rights (Takings)
The proposed supplementary rule does not have significant takings
implications, nor is it capable of interfering with constitutionally
protected property rights. The proposed supplementary rule would merely
establish a rule of conduct for public use on a limited area of public
lands and would not affect anyone's property rights. Therefore, the
Department of the Interior has determined that the proposed
supplementary rule would not cause a ``taking'' of private property or
require preparation of a takings assessment under this Executive order.
Executive Order 13132, Federalism
The proposed supplementary rule would neither have a substantial
direct effect on the states, the relationship between the Federal
Government and the states, nor the distribution of power and
responsibilities among the various levels of government. The proposed
supplementary rule would not conflict with any State law or regulation.
Therefore, in accordance with Executive Order 13132, the BLM has
determined that the supplementary rule does not have sufficient
federalism implications to warrant preparation of a federalism
assessment.
Executive Order 12988, Civil Justice Reform
Under Executive Order 12988, the Office of the Solicitor has
determined that the proposed supplementary rule would not unduly burden
the judicial system and that it meets the requirements of sections 3(a)
and 3(b)(2) of the order.
Executive Order 13175, Consultation and Coordination With Tribal
Governments
In accordance with Executive Order 13175, the BLM considered
consultation and coordination with Tribal governments in the
development of the EA which forms the basis for the proposed
supplementary rule. It was determined that this proposed supplementary
rule does not have Tribal implications and consultation was not
conducted.
Energy Supply, Distribution, or Use
Under Executive Order 13211, the BLM has determined that the
proposed supplementary rule would not comprise a significant energy
action and that it would not have an adverse effect on energy supplies,
production, or consumption.
Paperwork Reduction Act
The proposed supplementary rule does not contain information
collection requirements that the Office of Management and Budget must
approve under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et
seq. Federal criminal investigations or prosecutions may result from
this rule, and the collection of information for these purposes is
exempt from the Paperwork Reduction Act, 44 U.S.C. 3518(c)(1).
Authors
The principal authors of these supplementary rules are Kathleen
Stevens, outdoor recreation planner, and Pam Riddle, wildlife
biologist, Moab Field Office, Bureau of Land Management.
V. Proposed Supplementary Rule for the BLM Moab Field Office
For the reasons stated in the preamble, and under the authority of
43 U.S.C. 1740 and 43 CFR 8365.1-6, the Utah State Director is
proposing the following supplementary rule:
1. Non-permitted roped and aerial activities are prohibited within
a 10,044-acre area encompassing Mineral and Hell Roaring canyons.
2. All climbers must be in possession of a permit to engage in
climbing within the Mineral and Hell Roaring canyons area.
3. The construction or installation of temporary structures in and
along the walls and rims of Mineral and Hell Roaring canyons, as well
as on the canyon walls and rims along the Green River corridor
connecting these two canyons is prohibited.
Definitions
Roped Activities: Activities involving ropes, cable, vectran,
climbing aids, webbing, anchors, or any other similar materials.
Activities include: ziplining, high-lining, slacklining, rope-swinging,
and other activities using the roped materials listed and other
associated equipment.
Aerial Activities: Sporting pursuits which include ``building,
antenna, spam and earth'' (BASE) jumping, catapulting, paragliding,
paramotoring, parachuting, skydiving, drone launching, aerial delivery,
or other activities that involve aerial delivery, recovery or shuttle.
Climbing: A sport or technique in which participants climb up,
down, or across natural rock formations, usually with ropes and other
equipment. This also includes free-soloing and bouldering.
Penalties
On public lands 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 this supplementary rule may be tried before a U.S.
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.
Exemptions
Any Federal, State, local or military persons acting within the
scope of their duties, and members of an organized rescue or
firefighting force in performance of an official duty are exempted from
this supplementary rule.
List of Subjects 43 CFR Part 8360
Penalties, Public lands, Recreation and recreation areas.
Gregory Sheehan,
State Director.
[FR Doc. 2023-01694 Filed 1-30-23; 8:45 am]
BILLING CODE 4331-25-P
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