[Federal Register Volume 77, Number 85 (Wednesday, May 2, 2012)]
[Proposed Rules]
[Pages 25952-25953]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-10608]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 334


Oregon Army National Guard, Camp Rilea, Clatsop County, OR; 
Danger Zone

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 Camp Rilea located in Clatsop 
County, Oregon. The regulation would prohibit any activity by the 
public within the danger zone during use of weapons training ranges. 
The new danger zone is necessary to ensure public safety and satisfy 
the Oregon National Guard operations requirements for small arms 
training.

DATES: Written comments must be submitted by June 1, 2012.

ADDRESSES: You may submit comments, identified by docket number COE-
2011-0036, by any of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
    Email: [email protected]. Include the docket number, 
COE-2011-0036, 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-2011-0036. 
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 
email. 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 email 
directly to the Corps without going through regulations.gov, your email 
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 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 Mr. Steve Gagnon, U.S. Army Corps of Engineers, Portland 
District, Regulatory Branch, at 503-808-4379.

SUPPLEMENTARY INFORMATION: In response to a request from the Oregon 
Army National Guard, 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 Camp Rilea during use of weapons 
training ranges, 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.
    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:

[[Page 25953]]

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.  334.1175 to read as follows:


Sec.  334.1175  Pacific Ocean, at Camp Rilea, Clatsop County, Oregon; 
Danger Zone.

    (a) The area. The danger zone shall encompass all navigable waters 
of the United States as defined at 33 CFR part 329, within the area 
bounded by a line connecting the following coordinates: Beginning at 
latitude 46[deg]09'00.32'' N, longitude 123[deg]57'52.57'' W; thence to 
latitude 46[deg]09'00.32'' N, longitude 124[deg]01'03.92'' W; thence to 
latitude 46[deg]05'25.38'' N, longitude 124[deg]01'03.92'' W; thence to 
latitude 46[deg]05'25.38'' N, longitude 123[deg]56'23.19'' W.
    (b) The regulations. (1) No person or vessel shall enter or remain 
in the danger zone when restrictions are in force during weapons range 
training activities. At all other times, nothing in this regulation 
prohibits any lawful uses of this area.
    (2) A schedule for proposed closures of the danger zone will be 
furnished to the U.S. Coast Guard, Astoria Command Center one week in 
advance of range training activities to provide local notice to 
mariners. Changes to the schedule made less than one week in advance of 
the event will be transmitted to the Astoria Command Center on the day 
the change is made.
    (3) At least 30 minutes prior to restricting navigation in the 
danger zone, red flags will be raised on wooden poles immediately next 
to the beach at the north and south boundaries of Camp Rilea. The red 
flags will remain flying while the ranges are in use. During night 
weapons training activities, red lights will be substituted for the 
flags. Closure announcements will be broadcast over marine VHF Channel 
16/19. When range training activities are completed, the red flags will 
be removed and an announcement made over marine VHF Channel 16/19 that 
restrictions are lifted.
    (4) When restrictions are in force, Camp Rilea will visually 
monitor the danger zone using radar and guards, equipped with 
binoculars and two-way radios, posted on the beach near the north and 
south boundaries of the Camp. If a vessel is detected in the danger 
zone, a cease fire will be called on all active weapons ranges and Camp 
Rilea will attempt to contact the vessel using marine VHF radio. Cease 
fire will be maintained until the vessel leaves the danger zone.
    (c) Enforcement. The regulations in this section shall be enforced 
by the Commanding Officer, Camp Rilea, Oregon and such agencies as he/
she may designate.

    Dated: April 23, 2012.
Richard C. Lockwood,
Chief, Operations and Regulatory, Directorate of Civil Works.
[FR Doc. 2012-10608 Filed 5-1-12; 8:45 am]
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