[Federal Register Volume 75, Number 90 (Tuesday, May 11, 2010)]
[Rules and Regulations]
[Pages 26100-26102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-11125]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 334


Danger Zone, Pacific Ocean, Naval Base Coronado, Coronado, 
California

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

ACTION: Final rule.

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SUMMARY: The U.S. Army Corps of Engineers (Corps) is amending its 
regulations to establish a naval danger zone in the waters of the 
Pacific Ocean extending offshore from the small arms range at the Naval 
Base Coronado (NBC), in Coronado, San Diego County, California. The 
danger zone will provide

[[Page 26101]]

an appropriate and enforceable zone in which the Navy may conduct small 
arms test firing to qualify military personnel.

DATES: Effective date: June 10, 2010.

ADDRESSES:  Headquarters, U.S. Army Corps of Engineers, Operations and 
Regulatory Community of Practice, 441 G Street, NW., Washington, DC 
20314-1000.

FOR FURTHER INFORMATION CONTACT: Mr. David Olson, Headquarters, 
Operations and Regulatory Community of Practice, Washington, DC at 202-
761-4922 or by e-mail at [email protected] or Ms. Peggy 
Bartels, U.S. Army Corps of Engineers, Los Angeles District, Regulatory 
Division, at 760-602-4832 or by e-mail at 
[email protected].

SUPPLEMENTARY INFORMATION: The Commander, Naval Base Coronado (NBC), 
has requested that the Corps establish a danger zone in the waters of 
the Pacific Ocean, pursuant to its authorities under section 7 of the 
Rivers and Harbors Act of 1917 (40 State 266; 33 U.S.C. 1) and Chapter 
XIX of the Army Appropriations Act of 1919 (40 Stat. 892; 33 U.S.C. 1). 
From 1959 to 2008, the Navy has operated a partially baffled Small Arms 
Range (SAR) at NBC. The SAR consists of two firing areas, a 12-lane 
pistol range and a 10-lane rifle range, each of which are 25 yards in 
length. The targets are backed by a 20-foot-high berm and each range 
has an 18-foot-high berm along the edges. During operation, 
approximately 1,000 military personnel use the SAR for small arms 
qualification every month. From 1958 until 2008, the SAR routinely 
operated 360 days of the year, during which time the Navy implemented 
and observed safety measures to prevent potential ricochets from 
exiting the SAR.
    In 2008, after an internal safety review, the Navy voluntarily 
closed the SAR for the purpose of formally establishing the danger zone 
under the Corps authorities cited above. Although there have been no 
known public safety incidents since it was constructed, the Navy 
elected to suspend all operations at the SAR until a danger zone was 
formally established. The danger zone is essential to guard persons and 
property from the dangers associated with possible munitions ricochets 
and to bring the existing NBC SAR into compliance with the Department 
of Navy regulations in the Military Handbook, Range Facilities and 
Miscellaneous Training Facilities Other Than Buildings, MIL-HDBK-1027/
3B (30 November 1992, Change 1, 30 June 1995, Naval Facilities 
Engineering Command, Southern Division, Charleston, South Carolina).
    The proposed rule was published in the July 9, 2009, edition of the 
Federal Register (74 FR 32818) and the docket number is COE-2009-0033. 
In June and August 2009, the Corps' Los Angeles District issued public 
notices soliciting comments on the proposal to all known interested 
parties. The District received a total of 24 comments. Please note that 
the proposed rule referred to the installation as Naval Air Station 
North Island and the final rule uses the current designation of the 
installation, which is Naval Base Coronado.
    Several commenters stated the area in question has many uses of 
high priority to the maritime community, including yacht club races; 
bait hauling for sports fishing charters; recreational fishers; and 
lobster trapping. The danger zone and nearby area are transited by many 
visitors on recreational boats throughout the day and night. Commenters 
stated that stray rounds so close to the entrance to San Diego Bay was 
``absolutely unacceptable.'' They also noted that vessels returning 
from Mexico would have no idea what the SAR warning flags along the 
shoreline indicate and may inadvertently travel through the danger 
zone. They recommended either an enclosed indoor range be used, or the 
rifle range be placed at Camp Pendleton, Otay Mesa, El Cajon, or 
Escondido. One commenter was concerned about anchoring along the Zuniga 
Jetty near the danger zone. Another commenter was concerned about the 
effect of the danger zone on the Sir Lipton Cup Races.
    To ensure safe use of the danger zone by the public, section 
334.866(b) of the rule was modified to provide more advance notice of 
the Navy's intention to use the SAR during periods of activity by the 
following means: VHF-FM radio communication, Web sites, raising flags, 
and flashing red lights.
    The far west end (deep end) of the danger zone is located 
approximately one thousand (1,000) meters east of the entrance to San 
Diego Bay. Department of Navy munitions experts have assured the Corps 
that the SAR design and safety features will prevent ricochets from 
exiting the SAR with the exception of a rare ricochet that may reach 
the danger zone in the Pacific Ocean. However, the danger zone is 
configured so that these rare ricochets will not exit from it.
    To assist mariners, updated nautical charts will be published by 
the National Oceanic and Atmospheric Administration that cite the 
regulations and clearly depict the boundaries of the danger zone. These 
nautical charts are used by mariners internationally and should provide 
danger zone awareness required by international boaters traveling in or 
near the SAR and the danger zone. In addition, the locations of the 
SAR's flag poles and flashing red lights will be mapped on the nautical 
charts.
    The Corps considered five alternatives to the proposal, including 
those suggested by the commenters. The alternatives were rejected from 
further consideration for the following reasons: no Congressional 
authority has authorized the use of funds to enclose the SAR; it is 
unrealistic to wait up to eight years or more for military construction 
funding to be approved and an indoor facility to be built to resume SAR 
training, and traveling to off-base locations for training results in 
training delays, which would prevent the Navy from meeting its training 
mission.
    The anchorage along the Zuniga Jetty is not affected by the final 
rule.
    The majority of yacht and sailboat racing occurs within San Diego 
Bay and southeast of Zuniga Jetty. While some coordination between the 
U.S. Coast Guard and the NBC SAR would be necessary, no loss of 
organized yacht racing areas or sailing courses is expected.

Administrative Requirements

    a. Review Under Executive Order 12866. This rule is issued with 
respect to a military function of the Department of Defense and the 
provisions of Executive Order 12866 do not apply.
    b. Regulatory Flexibility Act, as Amended by the Small Business 
Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 601 et seq. This 
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). The Corps determined that the impact 
of the new danger zone would not have a significant economic impact on 
a substantial number of small entities. For more detailed analysis of 
potential economic impacts of this rule, please see the regulatory 
analysis in the environmental assessment.
    c. Review Under the National Environmental Policy Act. An 
environmental assessment (EA) has been prepared. We have concluded that 
the establishment of a danger zone off NBC will not have a significant 
impact to the quality of the human environment and, therefore, 
preparation of an

[[Page 26102]]

environmental impact statement is not required. The final EA and 
Finding of No Significant Impact may be reviewed at the Los Angeles 
District Office. Please contact Peggy Bartels at the phone number 
specified above for further information.
    d. Unfunded Mandates Reform Act. This rule does not impose an 
enforceable duty among the private sector and, therefore, is not a 
Federal private sector mandate and is not subject to the requirements 
of Section 202 or 205 of the Unfunded Mandates Reform Act (Pub. L. 104-
4, 109 Stat. 48, 2 U.S.C. 1501 et seq.). We have also found, under 
Section 203 of the Act, that small governments will not be 
significantly or uniquely affected by this rule.

List of Subjects in 33 CFR Part 334

    Danger zones, Navigation (water), Transportation, Waterways.

0
For the reasons stated in the preamble, the Corps is amending 33 CFR 
part 334 to read as follows:

PART 334--DANGER ZONE AND RESTRICTED AREA REGULATIONS

0
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).


0
2. Add Sec.  334.866 to read as follows:


Sec.  334.866  Pacific Ocean at Naval Base Coronado, in the City of 
Coronado, San Diego County, California; Naval Danger Zone.

    (a) The area. A fan-shaped area extending westerly into the waters 
of the Pacific Ocean from a point on the beach of Naval Base Coronado, 
Coronado, California beginning at latitude 32[deg]41'13'' N, longitude 
117[deg]12'45'' W; thence easterly, along the mean high water mark, 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. (1) Range live firing on the Naval Base 
Coronado, Coronado, California small arms range may occur at any time. 
Information on live firing schedules and coordination for community 
concerns can be obtained by calling the Naval Base Coronado Small Arms 
Range Safety Officer at 619-545-8413 during normal working hours. 
Assistance is also available via the Naval Base Coronado Hotline at 
619-545-7190 or the Naval Base Coronado operator at 619-545-1011. If 
the phone numbers are changed, they will be updated on the Naval Base 
Coronado Web site http://www.cnic.navy.mil/Coronado.
    (2) The danger zone will be open to fishing and general navigation 
when no weapons firing is scheduled, which will be indicated by the 
absence of any warning flags or flashing lights on land in the 
locations specified in paragraphs (b)(3) and (b)(4) of this section.
    (3) When live firing is about to be undertaken or is in progress 
during daylight hours, three (3) large red warning flags will be 
displayed at the top of the flag poles on the southern berm of the 
small arms range, so as to be clearly visible from all points of entry 
into the danger zone. The west flag pole is located on the southern 
berm at latitude 32[deg]41'21.5'' N, longitude 117[deg]12'42.8'' W, the 
middle flag pole is located at latitude 32[deg]41'21.7'' N, longitude 
117[deg]12'40.9'' W, and the east flag pole is located at latitude 
32[deg]41'22.4'' N, longitude 117[deg]12'38.7'' W.
    (4) When live firing is about to be undertaken or is in progress 
during periods of darkness, three (3) red flashing warning lights will 
be displayed at the top of the flag poles on the southern berm of the 
small arms range at the locations described in paragraph (b)(3) of this 
section, so as to be clearly visible from all points of entry into the 
danger zone.
    (5) The danger zone is not considered safe for vessels or 
individuals when live firing is in progress. When live firing is about 
to begin or is scheduled as indicated by the warning flags or flashing 
warning lights described in paragraphs (b)(3) and (b)(4) of this 
section, all vessels will be required to expeditiously vacate the 
danger zone.
    (6) Anchoring by any vessel within the danger zone is prohibited.
    (7) Prior to conducting live firing, Navy personnel will visually 
scan the danger zone to ensure that no vessels or individuals are 
located within it. Any vessels or individuals in the danger zone will 
be notified by the Navy Range Safety Officer using a marine VHF-FM 
marine radio and by other means as necessary, to exit the danger zone 
and remain outside the area until conclusion of live firing. As new 
technology becomes available, the VHF-FM marine radio communications 
system may be updated.
    (8) Safety observers will be posted in accordance with range 
standard operating procedures at all times when the warning flags or 
flashing lights described in paragraphs (b)(3) and (b)(4) of this 
section are displayed. Operation of the small arms range will only 
occur when visibility is sufficient to maintain visual surveillance of 
the danger zone and vicinity. In the event of limited visibility due to 
rain, fog or other conditions, live firing will be postponed until the 
danger zone can be confirmed clear of all vessels and individuals.
    (9) Naval Base Coronado will maintain a schedule of live firing at 
the small arms range on its Web site,  http://www.cnic.navy.mil/Coronado, which will be accessible to the public, mariners, and 
recreationists. The Navy will maintain the Web site on a year round 
basis and update information as needed for public safety.
    (c) Enforcement. The regulation in this section will be enforced by 
the Commanding Officer, Naval Base Coronado, and such agencies and 
persons as he/she may designate.

    Dated: April 30, 2010.
    Approved:
Michael G. Ensch,
Chief, Operations, Directorate of Civil Works.
[FR Doc. 2010-11125 Filed 5-10-10; 8:45 am]
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