[Federal Register Volume 75, Number 89 (Monday, May 10, 2010)]
[Notices]
[Pages 25879-25881]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10991]
[[Page 25879]]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLCO910000 L71220000.PN0000 LVTFC09C0020]
Notice of Proposed Supplementary Rules Concerning Fireworks on
Public Land in Colorado
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice of proposed supplementary rules.
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SUMMARY: The Bureau of Land Management (BLM) is proposing a
supplementary rule to restrict the possession and use of fireworks on
public land within the State of Colorado. The rules are necessary to
protect the area's natural resources and provide for public health and
safety.
DATES: Comments on the proposed supplementary rules must be received or
postmarked by August 9, 2010 to be considered. In developing final
supplementary rules, the BLM is not obligated to consider comments
postmarked or received after this date.
ADDRESSES: You may submit comments by any of the following methods:
Mail: Office of Law Enforcement, BLM, Colorado State Office, 2850
Youngfield Street, Lakewood, Colorado 80215.
Internet: http://[email protected] (Attn: John Bierk).
FOR FURTHER INFORMATION CONTACT: John Bierk, Colorado State Office,
2850 Youngfield Street, Lakewood, Colorado 80215, telephone (303) 239-
3893. Persons who use a telecommunications device for the deaf (TDD)
may contact this individual by calling the Federal Information Relay
Service (FIRS) at (800) 877-8339, 24 hours a day, seven days a week.
SUPPLEMENTARY INFORMATION:
I. Authority
II. Public Comment Procedures
III. Background
IV. Procedural Matters
I. Authority
43 U.S.C. 1740, 43 U.S.C. 315a, and 43 CFR 8365.1-6.
II. Public Comment Procedures
You may view an electronic version of the proposed supplementary
rules at the following BLM Web site: http://www.blm.gov/co/st/en.html.
Written comments on the proposed supplementary rules should be
specific, confined to issues pertinent to the proposed supplementary
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
supplementary rules 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 one of the addresses listed above (See ADDRESSES).
Comments, including names, street addresses, and other contact
information of respondents, will be available for public review at 2850
Youngfield Street, Lakewood, Colorado 80215 during regular business
hours (9 a.m. to 4 p.m.), Monday through Friday, except Federal
holidays. Before including your address, phone number, e-mail 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.
III. Background
Under current regulations found in 43 CFR 8365.2-5(a), no person
shall discharge or use fireworks in a developed recreation site.
Seasonal fire prevention orders issued under the authority of 43 CFR
9212.2(a) are commonly used at the local level to reduce the chance of
human-caused fires during the peak fire season. This action would
supplement the existing regulations to prohibit the possession and use
of fireworks on all public land in Colorado. Drought and subsequent
insect kill of large stands of pine trees in Colorado have made the
threat of wildfires greater each year. The challenges of fire
protection and suppression increase as more people move into the
wildland urban interface. Ensuring public and firefighter safety, while
protecting property and natural resources, remain BLM priorities.
Under the National Fire Plan, the BLM works with other agencies and
communities to ensure adequate preparedness for future fire seasons,
restore landscapes, rebuild communities damaged by wildfire, and invest
in projects to reduce fire risk. This action complements the National
Fire Plan. Land management agencies have taken precautions to enhance
public awareness, provide proactive pre-suppression efforts, and
implement fire restrictions that are reasonable and consistent among
Federal, State, and local agencies. Federal, State, and local land
management agencies should strive to implement fire restrictions and
closures that are uniform across administrative and geographic
boundaries. The restrictions contained in this rulemaking will help
achieve that goal.
The proposed prohibition on the possession and use of fireworks is
consistent with the other land management regulations designed to
enhance fire prevention, and it is consistent with State definitions
found in the Colorado Revised Statutes sections 12-28-101(1), 12-28-
101(1.5), and 12-28-101(8)(a) and listed in the proposed rule under
definitions with one exception. Under Colorado Revised Statutes section
12-28-101(8)(a)(VII)(D), strike-on-box matches are listed as a
permissible firework. This section was dropped from the definitions so
it would not interfere with visitor use of strike-on-box matches for
normal campfire or other uses.
IV. Procedural Matters
Executive Order 12866, Regulatory Planning and Review
These supplementary rules would not comprise a significant
regulatory action and are not subject to review by the Office of
Management and Budget under Executive Order 12866. These supplementary
rules would not have an annual effect of $100 million or more on the
economy. They 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. These supplementary rules would not create a serious
inconsistency or otherwise interfere with an action taken or planned by
another agency. The supplementary rules would not materially alter the
budgetary effects of entitlements, grants, user fees, loan programs, or
the rights or obligations of their recipients, nor do they raise novel
legal or policy issues. These supplementary rules would merely
establish rules of conduct for public use of 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 your comments
on how to make these supplementary rules easier to understand,
including answers to questions such as the following:
[[Page 25880]]
1. Are the requirements in the supplementary rules clearly stated?
2. Do the supplementary rules contain technical language or jargon
that interferes with their clarity?
3. Does the format of the supplementary rules (grouping and order
of sections, use of headings, paragraphing, etc.) aid or reduce
clarity?
4. Is the description of the supplementary rules in the
SUPPLEMENTARY INFORMATION section of this preamble helpful in
understanding the supplementary rules? How could this description be
more helpful in making the supplementary rules easier to understand?
Please send any comments you have on the clarity of the rule to the
addresses specified in the ADDRESSES section.
National Environmental Policy Act
This proposed supplementary rule in and of itself, does not
constitute a major Federal action significantly affecting the quality
of the human environment under section 102(2)(C) of the Environmental
Protection Act of 1969 (NEPA), 42 U.S.C. 4332(2)(C). It is
categorically excluded from environmental review under section
102(2)(C) of NEPA, pursuant to the Department of the Interior
regulations implementing NEPA 43 CFR 46.210(i). In addition, the
supplementary rule does not meet any of the 10 criteria for exceptions
to the categorical exclusions listed in 43 CFR 46.215.
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. These supplementary rules merely
establish rules of conduct for public use of a limited area of public
lands. Therefore, the BLM has determined under the RFA that the
supplementary rules would not have a significant economic impact on a
substantial number of small entities.
Small Business Regulatory Enforcement Fairness Act
These supplementary rules are not considered a ``major rule'' as
defined under 5 U.S.C. 804(2). The supplementary rules merely establish
rules of conduct for public use of a limited area of public lands and
do not affect commercial or business activities of any kind.
Unfunded Mandates Reform Act
These 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 rules would have
no effect on governmental or Tribal entities and would impose no
requirements on any of these entities. The supplementary rules merely
establish rules of conduct for public use of a limited area of public
lands and do 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 rules would not represent a government
action capable of interfering with constitutionally protected property
rights. Therefore, the Department of the Interior has determined that
the 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 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, in
accordance with Executive Order 13132, the BLM has determined that the
proposed supplementary rules 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 the
proposed supplementary rules would not unduly burden the judicial
system, and that they meet the requirements of sections 3(a) and
3(b)(2) of Executive Order 12988.
Executive Order 13175, Consultation and Coordination With Indian Tribal
Governments [Replaces Executive Order 13084]
In accordance with Executive Order 13175, the proposed
supplementary rules do not include policies that have Tribal
implications.
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
Under Executive Order 13211, the BLM has determined that the
proposed supplementary rules would not comprise a significant energy
action, and that they would not have an adverse effect on energy
supplies, production, or consumption.
Paperwork Reduction Act
The proposed supplementary rules would not directly provide for any
information collection that the Office of Management and Budget must
approve under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et
seq. Any information collection that may result from Federal criminal
investigations or prosecutions conducted under these proposed
supplementary rules are exempt from the provisions of 44 U.S.C.
3518(c)(1).
Author
The principal author of these proposed supplementary rules is John
Bierk, State Staff Ranger, Colorado State Office, 2850 Youngfield
Street, Lakewood, Colorado 80215.
Proposed Supplementary Rules Concerning Fireworks on Public Land in
Colorado
For the reasons stated in the preamble, and under the authorities
for supplemental rules found at 43 U.S.C. 1740, 43 U.S.C. 315a, and 43
CFR 8365.1-6, the Colorado State Director, Bureau of Land Management
(BLM) proposes supplementary rules for public lands managed by the BLM
in Colorado, to read as follows:
Definitions
Fireworks means any composition or device designed to produce a
visible or audible effect by combustion, deflagration, or detonation,
and that meets the definition of articles pyrotechnic, permissible
fireworks, or display fireworks, as defined by Colorado Revised
Statutes 12-28-101(1), 12-28-101(1.5), and 12-28-101(8)(a).
[[Page 25881]]
Colorado Revised Statutes 12-28-101(1)
``Articles pyrotechnic'' means pyrotechnic special effects
materials and pyrotechnic devices for professional use that are
similar to consumer fireworks in chemical composition and
construction but are intended for theatrical performances and not
intended for consumer use. Articles pyrotechnic shall also include
pyrotechnic devices meeting the weight limits for consumer fireworks
but are not labeled as such and are classified as UN0431 or UN0432
pursuant to 49 CFR 172.101, as amended.
Colorado Revised Statutes 12-28-101(1.5)
``Display fireworks'' means large fireworks designed primarily
to produce visible or audible effects by combustion, deflagration,
or detonation and includes, but is not limited to, salutes
containing more than one hundred thirty milligrams of explosive
material, aerial shells containing more than forty grams of
pyrotechnic compositions, and other display pieces that exceed the
limits of explosive materials for classification as consumer
fireworks as defined in 16 CFR 1500.1 to 1500.272 and 16 CFR 1507.1
to 1507.12 and are classified as fireworks UN0333, UN0334, or UN0335
pursuant to 49 CFR 172.101, as amended, and including fused set
pieces containing components that exceed fifty milligrams of salute
powder.
Colorado Revised Statutes 12-28-101(8)(a)
``Permissible fireworks'' means the following small fireworks
devices designed to produce audible or visual effects by combustion,
complying with the requirements of the United States consumer
product safety commission as set forth in 16 CFR 1500.1 to 1500.272
and 1507.1 to 1507.12, and classified as consumer fireworks UN0336
and UN0337 pursuant to 49 CFR 172.101:
(I) Cylindrical fountains, total pyrotechnic composition not to
exceed seventy-five grams each for a single tube or, when more than
one tube is mounted on a common base, a total pyrotechnic
composition of no more than two hundred grams;
(II) Cone fountains, total pyrotechnic composition not to exceed
fifty grams each for a single cone or, when more than one cone is
mounted on a common base, a total pyrotechnic composition of no more
than two hundred grams;
(III) Wheels, total pyrotechnic composition not to exceed sixty
grams for each driver unit or two hundred grams for each complete
wheel;
(IV) Ground spinner, a small device containing not more than
twenty grams of pyrotechnic composition venting out of an orifice
usually in the side of the tube, similar in operation to a wheel,
but intended to be placed flat on the ground;
(V) Illuminating torches and colored fire in any form, total
pyrotechnic composition not to exceed two hundred grams each;
(VI) Dipped sticks and sparklers, the total pyrotechnic
composition of which does not exceed one hundred grams, of which the
composition of any chlorate or perchlorate shall not exceed five
grams;
(VII) Any of the following that do not contain more than fifty
milligrams of explosive composition:
(A) Explosive auto alarms;
(B) Toy propellant devices;
(C) Cigarette loads;
(D) Other trick noise makers;
(VIII) Snake or glow worm pressed pellets of not more than two
grams of pyrotechnic composition and packaged in retail packages of
not more than twenty-five units;
(IX) Fireworks that are used exclusively for testing or research
by a licensed explosives laboratory;
(X) Multiple tube devices with:
(A) Each tube individually attached to a wood or plastic base;
(B) The tubes separated from each other on the base by a
distance of at least one-half of one inch;
(C) The effect limited to a shower of sparks to a height of no
more than fifteen feet above the ground;
(D) Only one external fuse that causes all of the tubes to
function in sequence; and
(E) A total pyrotechnic composition of no more than five hundred
grams.
Prohibited Acts
Unless otherwise authorized, the following acts are prohibited on
all public lands, roads, trails, or waterways administered by the BLM
in Colorado:
1. The possession, discharge, or use of all fireworks as defined by
Colorado Revised Statutes 12-28-101(1), 12-28-101(1.5), and 12-28-
101(8)(a); and
2. The violation of the terms, conditions of use, or stipulations
of any written authorization that may be exempted under this rule. The
following person(s) are exempt from this order: Any Federal, State, or
local officer, or member of an organized rescue or fire suppression or
fuels management force or other authorized agency personnel while in
the performance of their official duties.
Penalties
Under the Taylor Grazing Act of 1934, 43 U.S.C. 315a, any willful
violation of these supplementary rules on public lands within a grazing
district shall be punishable by a fine of not more than $500 or,
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 on public lands within Colorado may be
tried before a United States Magistrate and fined no more than $1,000,
imprisoned for no more than 12 months, or both. Such violations may
also be subject to the enhanced fines provided for by 18 U.S.C. 3571.
Helen M. Hankins,
State Director.
[FR Doc. 2010-10991 Filed 5-7-10; 8:45 am]
BILLING CODE 4310-JB-P