[Federal Register Volume 80, Number 119 (Monday, June 22, 2015)]
[Proposed Rules]
[Pages 35621-35623]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-15293]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 334


Atlantic Ocean South of Entrance to Chesapeake Bay off Camp 
Pendleton, Virginia; Firing Range

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

ACTION: Notice of proposed rulemaking and request for comments.

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SUMMARY: The Corps of Engineers is proposing to establish a permanent 
danger zone in waters of the Atlantic Ocean south of Rudee Inlet in 
Virginia Beach, Virginia. The Camp Pendleton firing range supports a 
myriad of stakeholders that include all components of the Department of 
Defense, including: US Army, Army National Guard, Army Reserve, US 
Navy, Navy Reserve, US Marine Corps, US Marine Corps Reserve, US Air 
Force, Air Force National Guard, Air Force Reserve, US Coast Guard, and 
Coast Guard Reserve, as well as many non-DoD units. Camp Pendleton, VA 
will provide an economical, safe training environment for individual 
live fire exercises, and collective units to conduct the minimum 
requirements for weapons qualification. The proposed danger zone will 
increase the level of

[[Page 35622]]

safety to the public in the vicinity of the live firing operations by 
providing additional notice of the hazards present.

DATES: Written comments must be submitted on or before July 22, 2015.

ADDRESSES: You may submit comments, identified by docket number COE-
2015-0006, 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-2015-0006, in the subject line of the message.
    Mail: U.S. Army Corps of Engineers, Attn: CECW-CO-R (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-2015-0006. 
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 also include your contact information 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 Ms. Nicole Woodward, Corps of Engineers, Norfolk District, 
Regulatory Branch, at 757-201-7122.

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 of Engineers is proposing amendments to 
regulations in 33 CFR part 334 to establish a permanent danger zone in 
waters of the Atlantic Ocean, south of the entrance to Chesapeake Bay 
off Camp Pendleton, Virginia. The proposed establishment of a permanent 
danger zone is necessary to protect the public from hazards associated 
with live firing operations.

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

    This proposed 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 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 Department of Defense 
operations requirements for weapons training. Small entities can 
utilize other navigable waters outside of the danger zone when the 
danger zone is activated. After considering the economic impacts of 
this proposed danger zone regulation on small entities, I certify that 
this action will not have a significant impact on a substantial number 
of small entities. We are interested in the potential impacts of the 
danger zone on small entities and welcome comments on issues related to 
such impacts.

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 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 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 set out in the preamble, the Corps proposes to 
amend 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.  334.405 to read as follows:


Sec.  334.405  South of entrance to Chesapeake Bay off Camp Pendleton, 
Virginia; firing range.

    (a) The danger zone. The danger zone encompasses 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: Commencing 
from the shoreline at latitude 36[deg]49'00'' N., longitude 
75[deg]58'04'' W.; thence to latitude 36[deg]49'19'' N., longitude 
75[deg]57'41'' W.; thence to latitude 36[deg]49'21'' N., longitude 
75[deg]57'32'' W.; thence to latitude 36[deg]49'13'' N., longitude 
75[deg]56'44'' W.; thence to latitude 36[deg]49'22'' N., longitude 
75[deg]55'48'' W.; thence to latitude 36[deg]49'12'' N.,

[[Page 35623]]

longitude 75[deg]55'46'' W.; thence to latitude 36[deg]49'02'' N., 
longitude 75[deg]55'45'' W.; thence to latitude 36[deg]48'52'' N., 
longitude 75[deg]55'45'' W.; thence to latitude 36[deg]48'54'' N., 
longitude 75[deg]56'42'' W.; thence to latitude 36[deg]48'41'' N., 
longitude 75[deg]57'28'' W.; thence to latitude 36[deg]48'41'' N., 
longitude 75[deg]57'37'' W.; thence to latitude 36[deg]48'57'' N., 
longitude 75[deg]58'04'' W. The datum for these coordinates is WGS84.
    (b) The regulations. (1) Persons and vessels shall proceed through 
the area with caution and shall remain therein no longer than necessary 
for purpose of transit.
    (2) When firing is in progress during daylight hours, red flags 
will be displayed at conspicuous locations on the beach. No firing will 
be done during the hours of darkness or low visibility.
    (3) Firing on the ranges shall be suspended as long as any persons 
or vessels are within the danger zone.
    (4) Lookout posts shall be manned by the activity or agency 
operating the firing range State Military Reservation, Camp Pendleton.
    (5) There shall be no firing on the range during periods of low 
visibility which would prevent the recognition of a person or vessel 
(to a distance of 7,500 yards) which is properly displaying navigation 
lights, or which would preclude a vessel from observing the red range 
flags or lights.
    (c) Enforcement. The regulations in this section shall be enforced 
by the Adjutant General of Virginia, and such agencies as he or she may 
designate.

    Dated: June 12, 2015.
Edward E. Belk, Jr.,
Chief, Operations and Regulatory Division, Directorate of Civil Works.
[FR Doc. 2015-15293 Filed 6-19-15; 8:45 am]
 BILLING CODE 3720-58-P