[Federal Register Volume 80, Number 35 (Monday, February 23, 2015)]
[Rules and Regulations]
[Pages 9384-9385]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-03626]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 334


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

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

ACTION: Final rule.

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SUMMARY: The U.S. Army Corps of Engineers is establishing a new danger 
zone in the waters adjacent to Camp Rilea located in Clatsop County, 
Oregon. The regulation prohibits 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: Effective March 25, 2015.

ADDRESSES: U.S. Army Corps of Engineers, Attn: CECW-CO (David B. 
Olson), 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 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 amending the regulations at 33 CFR part 334 to 
establish a new danger zone. The 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.
    The proposed rule was published in the May 2, 2012, issue of the 
Federal Register (77 FR 25952), and its regulations.gov docket number 
is COE-2011-0036. Three state agencies responded to the notice with 
comments. Most of the comments were regarding public access and 
notification methods. Oregon law created a recreation easement in 1967 
guaranteeing access to the beaches for everyone. The commenting 
agencies expressed concerns that these closures would impinge on this 
recreational access, especially during periods of heavy recreational 
use such as clam harvesting activities. Oregon Parks and Recreation 
Department developed an interagency agreement with the Oregon Military 
Department detailing when closures can and cannot occur and procedures 
for those closures to ensure public safety. For example, the closures 
will not be scheduled during low tides most favorable for clam digging; 
there will be 15 minutes of cease fire during each hour of closure to 
allow passage by boats and beach goers through the restricted area; and 
Oregon Military

[[Page 9385]]

Department will maintain a Web site to disseminate information about 
closures.
    Oregon Department of Fish and Wildlife also had concerns about 
potential disturbance to sensitive wildlife species, including Steller 
sea lions, snowy plovers, and sea turtles. The use of the danger zone 
is not expected to increase impacts to any wildlife. A danger zone is a 
buffer established around a firing range for unexpected errant rounds 
or explosive fragments. In addition, establishing a buffer is intended 
to increase public safety during training on the firing ranges, but is 
not granting permission for the National Guard to perform training. 
Increased activity due to the danger zone determination would be 
limited to hanging warning flags and posting guards on the beach. This 
type of activity is entirely consistent with existing activity on the 
beach and would not increase impacts to sensitive wildlife species in 
the area.

Procedural Requirements

    a. Review Under Executive Order 12866. This final 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 rule has been 
reviewed under the Regulatory Flexibility Act (Pub. L. 96-354). The 
Regulatory Flexibility Act generally requires an agency to prepare a 
regulatory flexibility analysis of any rule subject to the notice-and-
comment rulemaking requirements under the Administrative Procedure Act 
or any other statute unless the agency certifies that the rule will not 
have a significant economic impact on a substantial number of small 
entities (i.e., small businesses and small governments). The danger 
zone is necessary to protect public safety and satisfy the Oregon 
National Guard's operations requirements for small arms training. Small 
entities can utilize navigable waters in the danger zone when the 
danger zone is not activated by the Oregon National Guard. When the 
danger zone is activated, small entities can utilize navigable waters 
outside of the danger zone. After considering the economic impacts of 
this danger zone regulation on small entities, I certify that this 
action will not have a significant impact on a substantial number of 
small entities.
    c. Review Under the National Environmental Policy Act. The Corps 
has determined that this regulation will not have a significant impact 
to the quality of the human environment and, therefore, preparation of 
an environmental impact statement is not required. An environmental 
assessment has been prepared and may be reviewed at the District office 
listed at the end of the FOR FURTHER INFORMATION CONTACT section, 
above.
    d. Unfunded Mandates Act. This 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 amends 33 CFR 
part 334 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.  334.1175 to read as follows:


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

    (a) The danger zone. The danger zone shall encompass all navigable 
waters of the United States, as defined at 33 CFR part 329, within an 
area bounded as follows: 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. The datum for these coordinates is 
WGS84.
    (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 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 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: February 18, 2015.
Edward E. Belk, Jr.,
Chief, Operations and Regulatory Division, Directorate of Civil Works.
[FR Doc. 2015-03626 Filed 2-20-15; 8:45 am]
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