[Federal Register Volume 74, Number 130 (Thursday, July 9, 2009)]
[Proposed Rules]
[Pages 32818-32819]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16235]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 334


United States Navy Danger Zone, Naval Air Station North Island, 
San Diego, CA

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 establish a 
new danger zone in the waters adjacent to the existing small arms range 
(SAR) on Naval Air Station North Island (NASNI) located in San Diego, 
California. The proposed regulation would prohibit any activity by the 
public within the danger zone. The new danger zone is necessary to 
bring the existing SAR into compliance with the Naval Facilities 
Engineering Command MIL-HDBK 10-27/3B by preventing any SAR ricochet 
rounds from posing a hazard to passing water traffic.

DATES: Written comments must be submitted by August 10, 2009.

ADDRESSES: You may submit comments, identified by docket number COE-
2009-0033, 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-2009-0033, 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-2009-0033. 
All comments received will be included in the public docket without 
change and may be made available on-line at 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 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

[[Page 32819]]

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.

FOR FURTHER INFORMATION CONTACT: Mr. David Olson, Headquarters, 
Operations and Regulatory Community of Practice, Washington, DC at 202-
761-4922 or Ms. Kari Coler, U.S. Army Corps of Engineers, Los Angeles 
District, Regulatory Division, at 760-602-4834 or Ms. Therese O'Rourke, 
U.S. Army Corps of Engineers, Los Angeles District, Regulatory 
Division, at 760-602-4830.

SUPPLEMENTARY INFORMATION: In response to a request from the Department 
of the Navy and 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 is proposing to amend the regulations at 33 CFR part 334 to 
establish a new danger zone. The proposed danger zone will prohibit 
access to waters adjacent to the SAR located on NASNI without prior 
written permission from the Commander, Navy Region Southwest or a 
designee, thereby ensuring that no threat is posed to passing water 
traffic due to ricochet rounds.

Procedural Requirements

    a. Review Under Executive Order 12866. The 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. This proposed rule 
has been reviewed under the Regulatory Flexibility Act (Pub. L. 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 this danger zone 
would have practically no economic impact on the public, and minimal 
anticipated navigational hazard or 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 the proposed site for 
the danger zone is located in the Pacific Ocean and vessels may 
navigate around the prohibited area, the Corps expects that this 
regulation, if adopted, will not have a significant impact to 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 section 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. Add Sec.  334.866 to read as follows:


Sec.  334.866  Pacific Ocean, at the Naval Air Station North Island, 
San Diego, California; Naval Danger Zone.

    (a) The area. The danger zone shall encompass all navigable waters 
of the United States, as defined at 33 CFR part 329, in the Pacific 
Ocean contiguous to the existing small arms range located on Naval Air 
Station North Island, delineated as a 206.1 acre trapezium 
(quadrilateral with no parallel sides) beginning at latitude 
32[deg]41'13'' N., longitude 117[deg]'12'45'' W.; thence easterly, 
along mean high water, to latitude 32[deg]41'14'' N., longitude 
117[deg]12'32'' W.; thence southerly to latitude 32[deg]40'31'' N., 
longitude 117[deg]12'12'' W.; thence westerly to latitude 
32[deg]40'25'' N., longitude 117[deg]12'43'' W.; thence northerly, 
landward, to the point of origin.
    (b) The regulations. No person, vessel, craft, article, or thing, 
except those under the supervision of the military or naval authority, 
shall enter the area without the permission of the enforcing agency or 
his/her designee. The restriction shall apply at all times.
    (c) Enforcement. The regulation in this section shall be enforced 
by the Commander, Navy Region Southwest, and such agencies and persons 
as he/she may designate.

    Dated: July 2, 2009.

    Approved.
Michael G. Ensch,
Chief, Operations, Directorate of Civil Works.
[FR Doc. E9-16235 Filed 7-8-09; 8:45 am]
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