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Federal Register / Vol. 86, No. 47 / Friday, March 12, 2021 / Rules and Regulations
be impacted by ricochet/errant bullets.
No changes were made to the Hazardous Exclusion Area rule supplementary rule 13, implementing the long-term closures, resulting from public comments. A final decision authorizing the long-term closure of approximately 539 acres within the Hazardous Exclusion Areas is available online at:
https eplanning.blm.gov/eplanning-ui/
project/2000693/510.
The BLM received several comments primarily focused on rules 8 hours of operation, 10 authorized targets, and 12 authorized ammunition. A
commenter raised concerns that proposed supplementary rules 8, 10 and 12 referenced future operating plans that have not yet been created and were not provided for public review. Rule 8
addresses the shooting site operation hours. The commenter requested that the BLM consider designating operating hours from 9:00 a.m. to 5:00 p.m. The commenter proposed these hours, more restrictive than state statutory requirements, due to concerns of user conflicts from other public land users and to provide harmony with adjacent properties. Proposed Rules 10 and 12
were not specific regarding restrictions on targets and ammunition but deferred to future operating plans. A commenter requested the BLM provide specific language about these restrictions in the regulatory language. The BLM agrees with the commenter in part and the following paragraph explains how the BLM modified final rules 8, 10, and 12
to address these comments.
Prior to the opening of a site, an operating plan for it will be available to the public at the Phoenix District Office see ADDRESSES and at www.blm.gov.
Related to rule 8, the range hours will be set within the restricted time frame listed in Arizona Revised Statute section 17604, which prohibits outdoor shooting ranges from operating from 10:00 p.m. through 7:00 a.m. The operating hours will be disclosed in each sites operating plan and posted at each site. Proposed Rule 10 has been revised in the final rules to define and give examples of authorized targets that can be used at those sites where shooters are allowed to supply their own targets. Final Rule 10 also addresses prohibited targets. These will also be further described in the operating plan for each site. Final Rule 12 has been revised to specify the ammunition restrictions for rifles, handguns, and shotguns. It specifies that rifles and handgun ammunition is restricted to .50 caliber or less and it prohibits the use of steel core, armorpiercing, incendiary, and tracer ammunition, and paintball equipment.

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Proposed Rules 3, 6, 7, and 14 were revised in the Final Rule based on recommendations from BLM staff. Rule 3 has been revised to define disorderly conduct. Final Rule 6 has been clarified to say that no projectile device may be discharged while an individual is beyond the designated firing line.
Final Rule 7 added the line, as defined by State and/or Federal law to clarify the laws pertaining to the use and consumption of alcohol and illegal drugs at the shooting sports site. The word berms was removed from Rule 14 to clarify that firearms may only be discharged at authorized targets with a developed or designated backstop and not into side berms constructed to delineate shooting lanes.
III. Procedural Matters Executive Orders 12866 and 13563, Regulatory Planning and Review These final 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. These supplementary rules do not have an effect of $100 million or more on the economy.
These final supplementary rules establish rules for recreational shooting sports sites to protect public health and safety and avoid user conflicts. These final supplementary rules do 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 final supplementary rules do not create a serious inconsistency or otherwise interfere with an action taken or planned by another agency. These final supplementary rules do not alter the budgetary effects of entitlements, grants, user fees, or loan programs or the right or obligations of their recipients, nor do these rules raise novel legal or policy issues. These supplementary rules protect resources and human health and safety, and enable BLM law enforcement personnel to efficiently enforce, where appropriate, regulations pertaining to unlawful usage of a recreation area or site in a manner consistent with state and local laws, ordinances, regulations, or orders on public lands.
National Environmental Policy Act The BLM prepared an EA and found that these supplementary rules do not constitute a major Federal action significantly affecting the quality of the human environment under Section 1022C of the National Environmental Policy Act of 1969, 42 U.S.C. 43322C.

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The BLM completed a 30-day scoping period and a 15-day public review of the draft EA in 2019.
The BLM completed the EA to analyze the construction and operation of the recreational shooting sports sites which included the proposed supplementary rules. The Decision Record for this EA was signed in January 2020. The BLM has placed the EA and associated documents in the administrative record at the address specified in the ADDRESSES section.
Regulatory Flexibility Act Congress enacted the Regulatory Flexibility Act of 1980 RFA, as amended, 5 U.S.C. 601, et seq., to ensure that Government regulations do not unnecessarily or disproportionately burden small entities. The RFA requires a regulatory flexibility analysis if a rule has a significant economic impact, either detrimental or beneficial, on a substantial number of small entities.
These final supplementary rules do not pertain specifically to commercial or governmental entities of any size but contain rules to protect the health and safety of the public and reduce user conflicts on public lands within the Hassayampa and Lower Sonoran Field Office areas. Therefore, the BLM has determined, under the RFA, that these final supplementary rules do not have a significant economic impact on a substantial number of small entities.
Small Business Regulatory Enforcement Fairness Act These final supplementary rules do not constitute major rules as defined at 5 U.S.C. 8042. These final supplementary rules are intended to manage behavior and establish rules of conduct in developed recreation areas or sites within the Hassayampa and Lower Sonoran Field Office areas. These final supplementary rules have no effect on business, commercial, or industrial use of the public lands.
Unfunded Mandates Reform Act These final 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, nor do the final supplementary rules have a significant or unique effect on state, local, or tribal governments or the private sector. The final 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..

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