[Federal Register Volume 81, Number 39 (Monday, February 29, 2016)]
[Rules and Regulations]
[Pages 10087-10088]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04215]


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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, Department of Defense.

ACTION: Final rule.

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SUMMARY: The Corps of Engineers is establishing 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: U.S. Army, Army National Guard, Army Reserve, U.S. Navy, 
Navy Reserve, U.S. Marine Corps, U.S. Marine Corps Reserve, U.S. Air 
Force, Air Force National Guard, Air Force Reserve, U.S. Coast Guard, 
and the U.S. Coast Guard Reserve, as well as many non-Department of 
Defense 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 danger zone will increase the level of safety to the public in the 
vicinity of the live firing operations by providing additional notice 
of the hazards present.

DATES: Effective date: March 30, 2016.

ADDRESSES: U.S. Army Corps of Engineers, Attn: CECW-CO (David 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 Ms. Nicole Woodward, Corps of Engineers, Norfolk District, 
Regulatory Branch, at 757-201-7122.

SUPPLEMENTARY INFORMATION: The proposed rule was published in the June 
22, 2015, edition of the Federal Register (80 FR 35621) and the 
regulations.gov docket number was COE-2015-0006. In response to the 
proposal, three comments were received. The comments received from the 
Virginia Department of Historic Resources and Virginia Department of 
Conservation and Recreation stated that the proposed rule will have no 
adverse effect on historic properties and no adverse impacts on natural 
heritage resources. In addition, a comment was received in response to 
the proposal in the Federal Register objecting to the creation of a 
firing range and the environmental effects associated with it. This 
action is the establishment of a danger zone at an existing firing 
range which has been in use for the last century, therefore no new 
environmental impacts are proposed as a result of the action.
    In response to a request by the United States 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 of Engineers is amending 
33 CFR part 334 for a permanent danger zone, in waters of the Atlantic 
Ocean south of Rudee Inlet in Virginia Beach, Virginia. The 
establishment of a permanent danger zone is necessary to protect the 
public from hazards associated with live firing operations.

Administrative Requirements

    a. Review under Executive Order 12866. This 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 final 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 and other government agency requirements for small arms 
training. Small entities can utilize navigable waters outside of the 
danger zone when the danger zone is activated. After considering the 
economic impacts of this final 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. This rule 
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. 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 rule does not impose an enforceable 
duty among the private sector and, therefore, is not subject to the 
requirements of Section 202 or 205 of the Unfunded Mandates Reform Act 
(Public Laws 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, Marine safety, Navigation (water), Restricted areas, 
Waterways.

    For the reasons set out in the preamble, the Corps amends 33 CFR 
part 334 as follows:

[[Page 10088]]

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. An area directly from Camp Pendleton extending 
offshore as denied by lines drawn as follows: Beginning 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., 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 vessel (to a 
distance of 7,500 yards) which is property 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: February 17, 2016.
Edward E. Belk, Jr.,
Chief, Operations and Regulatory Division, Directorate of Civil Works.
[FR Doc. 2016-04215 Filed 2-26-16; 8:45 am]
 BILLING CODE 3720-58-P