[Federal Register Volume 72, Number 169 (Friday, August 31, 2007)]
[Proposed Rules]
[Pages 50303-50305]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-17155]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 334


Marine Corps Base Hawaii, Kaneohe Bay, Island of Oahu, HI

AGENCY: U.S. Army Corps of Engineers, DoD.

ACTION: Notice of proposed rulemaking and request for comments.

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SUMMARY: The U.S. Army Corps of Engineers is proposing to amend the 
regulations at 33 CFR 334.1380 for the existing danger zone in the 
vicinity of Kaneohe Bay, Hawaii. The proposed amendment will reflect 
the current operational and safety procedures at the Ulupau Crater 
Weapons Training Range and highlight a change in the hours that weapons 
firing may occur. These regulations are necessary to protect the public 
from potentially hazardous conditions which may exist as a result from 
use of the areas by the United States Marine Corps.

DATES: Written comments must be submitted on or before October 1, 2007.

ADDRESSES: You may submit comments, identified by docket number COE-
2007-0027, by any of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
    E-mail: [email protected]. Include the docket number, 
COE-2007-0027, in the subject line of the message.
    Mail: U.S. Army Corps of Engineers, Attn: CECW-CO (David B. Olson), 
441 G Street, NW., Washington, DC 20314-1000.
    Hand Delivery/Courier: Due to security requirements, we cannot 
receive comments by hand delivery or courier.
    Instructions: Direct your comments to docket number COE-2007-0027. 
All comments received will be included in the public docket without 
change and may be made available on-line at

[[Page 50304]]

http://www.regulations.gov, including any personal information 
provided, unless the commenter indicates that the comment includes 
information claimed to be Confidential Business Information (CBI) or 
other information whose disclosure is restricted by statute. Do not 
submit information that you consider to be CBI, or otherwise protected, 
through regulations.gov or e-mail. The regulations.gov web site is an 
anonymous access system, which means we will not know your identity or 
contact information unless you provide it in the body of your comment. 
If you send an e-mail directly to the Corps without going through 
www.regulations.gov, your e-mail address will be automatically captured 
and included as part of the comment that is placed in the public docket 
and made available on the Internet. If you submit an electronic 
comment, we recommend that you include your name and other contact 
information in the body of your comment and with any disk or CD-ROM you 
submit. If we cannot read your comment because of technical 
difficulties and cannot contact you for clarification, we may not be 
able to consider your comment. Electronic comments should avoid the use 
of any special characters, any form of encryption, and be free of any 
defects or viruses.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov. All documents in 
the docket are listed. Although listed in the index, some information 
is not publicly available, such as CBI or other information whose 
disclosure is restricted by statute. Certain other material, such as 
copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form.
    Consideration will be given to all comments received within 30 days 
of the date of publication of this notice.

FOR FURTHER INFORMATION CONTACT: Mr. David B. Olson, Headquarters, 
Operations and Regulatory Community of Practice, Washington, D.C. at 
202-761-4922, or Ms. Susan A. Meyer, Corps of Engineers, Honolulu 
District, Regulatory Branch, at 808-438-2137.

SUPPLEMENTARY INFORMATION: Pursuant to its authorities in Section 7 of 
the Rivers and Harbors Act of 1917 (40 Stat. 266; 33 U.S.C. 1) and 
Chapter XIX of the Army Appropriations Act of 1919 (40 Stat. 892; 33 
U.S.C. 3), the Corps proposes to amend the danger zone regulations at 
33 CFR 334.1380 to reflect current operational and safety procedures at 
the Ulupau Crater Weapons Training Range, Marine Corps Base Hawaii 
(MCBH), Kaneohe Bay, Island of Oahu, Hawaii and highlight a change in 
the hours that weapons firing may occur. The proposed amendment will 
also provide more detailed times, dates, and extents of restrictions.

Procedural Requirements

a. Review under Executive Order 12866

    This proposed rule is issued with respect to a military function of 
the Defense Department and the provisions of Executive Order 12866 do 
not apply.

b. Review Under the Regulatory Flexibility Act

    These proposed rules have been reviewed under the Regulatory 
Flexibility Act (Public Law 96-354) which requires the preparation of a 
regulatory flexibility analysis for any regulation that will have a 
significant economic impact on a substantial number of small entities 
(i.e., small businesses and small governments). Unless information is 
obtained to the contrary during the public notice comment period, the 
Corps expects that the economic impact of the amendment to this danger 
zone would have practically no impact on the public, no anticipated 
navigational hazard, or no interference with existing waterway traffic. 
This proposed rule, if adopted, will have no significant economic 
impact on small entities.

c. Review Under the National Environmental Policy Act

    Due to the administrative nature of this action and because there 
is no intended change in the use of the area, the Corps expects that 
this regulation, if adopted, will not have a significant impact on the 
quality of the human environment and, therefore, preparation of an 
environmental impact statement will not be required. An environmental 
assessment will be prepared after the public notice period is closed 
and all comments have been received and considered. It may be reviewed 
at the District office listed at the end of the FOR FURTHER INFORMATION 
CONTACT section, above.

d. Unfunded Mandates Act

    This proposed rule does not impose an enforceable duty among the 
private sector and, therefore, it is not a Federal private sector 
mandate and it is not subject to the requirements of either Section 202 
or Section 205 of the Unfunded Mandates Act. We have also found under 
Section 203 of the Act that small governments will not be significantly 
and uniquely affected by this rulemaking.

List of Subjects in 33 CFR Part 334

    Danger zones, Marine safety, Navigation (water), Restricted areas, 
Waterways.

    For the reasons stated in the preamble, the Corps proposes to amend 
33 CFR part 334, as follows:

PART 334--DANGER ZONE AND RESTRICTED AREA REGULATIONS

    1. The authority citation for 33 CFR part 334 continues to read as 
follows:

    Authority: 40 Stat. 266 (33 U.S.C. 1) and 40 Stat. 892 (33 
U.S.C. 3).

    2. Revise Sec.  334.1380 to read as follows:


Sec.  334.1380  Marine Corps Base Hawaii (MCBH), Kaneohe Bay, Island of 
Oahu, Hawaii--Ulupau Crater Weapons Training Range; danger zone.

    (a) The danger zone. The waters within a sector extending seaward a 
distance of 3.8 nautical miles between radial lines bearing 001[deg] 
true and 129[deg] true, respectively, from a point on Mokapu Peninsula 
at latitude 21[deg] 27' 10'' N, longitude 157[deg] 43' 45'' W, 
exclusive of the existing 500-yard wide prohibited area. The interface 
between the existing 500-yard prohibited area and this danger zone is 
defined by five points having the following coordinates:

Point A: Latitude 21[deg] 29' 53'' N, Longitude 157[deg] 43' 37'' W
Point B: Latitude 21[deg] 30' 39'' N, Longitude 157[deg] 42' 30'' W
Point C: Latitude 21[deg] 28' 34'' N, Longitude 157[deg] 40' 04'' W
Point D: Latitude 21[deg] 28' 10'' N, Longitude 157[deg] 41' 05'' W
Point E: Latitude 21[deg] 35' 31'' N, Longitude 157[deg] 41' 23'' W

    (b) The regulations. (1) Weapons firing at the Ulupau Crater 
Weapons Training Range may occur at any time between 6 a.m. and 11 
p.m., Monday through Sunday. Specific dates and hours for weapons 
firing, along with information regarding onshore warning signals, will 
be promulgated by the U.S. Coast Guard's Local Notice to Mariners. 
Information on weapons firing schedules may also be obtained by calling 
the MCBH Range Manager, AC/S G-3 (telephone number 808-257-8816/17).
    (2) Whenever live firing is in progress during daylight hours, two 
large red triangular warning pennants will be flown at each of two 
highly visible and widely separated locations on the shore at Ulupau 
Crater.
    (3) Whenever any weapons firing is scheduled and in progress during 
periods of darkness, flashing red warning beacons will be displayed on 
the shore at Ulupau Crater.

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    (4) Boaters will have complete access to the danger zone whenever 
there is no weapons firing scheduled, which will be indicated by the 
absence of any warning flags, pennants, or beacons displayed ashore.
    (5) The danger zone is not considered safe for boaters whenever 
weapons firing is in progress. Boaters shall expeditiously vacate the 
danger zone at best speed and by the most direct route whenever weapons 
firing is scheduled. Passage of vessels through the danger zone when 
weapons firing is in progress will be permitted, but boaters shall 
proceed directly through the area at best speed. Weapons firing will be 
suspended as long as there is a vessel in the danger zone. Whenever a 
boater disregards the publicized warning signals that hazardous weapons 
firing is scheduled, the boater will be personally requested to 
expeditiously vacate the danger zone by MCBH Kaneohe Bay military 
personnel utilizing a bull-horn from a Marine helicopter, hailing the 
vessel via VHF channel 16 or U.S. Navy surface craft.
    (6) Observation posts will be manned whenever any weapons firing is 
scheduled and in progress. Visibility will be sufficient to maintain 
visual surveillance of the entire danger zone and for an additional 
distance of 5 miles in all directions whenever weapons firing is in 
progress.
    (c) The Enforcing Agency. The foregoing regulations shall be 
enforced by the Commanding General, MCBH Kaneohe Bay and such agencies 
as he/she may designate.

    Dated: August 23, 2007.
Mark F. Sudol,
Acting Chief, Operations, Directorate of Civil Works.
 [FR Doc. E7-17155 Filed 8-30-07; 8:45 am]
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