[Federal Register Volume 84, Number 30 (Wednesday, February 13, 2019)]
[Proposed Rules]
[Pages 3739-3740]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02157]


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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; Firing Range

AGENCY: United States Army Corps of Engineers, Department of Defense.

ACTION: Notice of proposed rulemaking and request for comments.

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SUMMARY: The Corps of Engineers is proposing to amend an existing 
permanent danger zone in the waters of the Atlantic Ocean south of the 
entrance to the Chesapeake Bay off of the coast of Virginia. For 
decades, the Dam Neck Surface Danger Zone (SDZ) served as a firing 
range for gunnery training at what is now Naval Air Station Oceana's 
Dam Neck Annex. While the Navy continues to use the SDZ for training, 
fixed-mount gunnery operations have not been conducted there for over 
30 years. The proposed amendment is necessary to accurately identify 
the hazards associated with training and mission operations to protect 
the public. The proposed amendment will identify the area within the 
current danger zone boundary where live fire exercises are no longer 
conducted and no restriction to surface navigation exists. In addition, 
the proposed amendment will remove references to live fire range 
conditions and safety procedures as shore-to-sea gunnery operations are 
no longer conducted.

DATES: Written comments must be submitted on or before March 15, 2019.

ADDRESSES: You may submit comments, identified by docket number COE-
2018-0007, 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-2018-0007, 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-2018-0007. 
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 website 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 
compact disc you may 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 for the amendment of an existing danger 
zone, in the waters of the Atlantic Ocean south of the entrance to the 
Chesapeake Bay off of the coast of Virginia. In a memorandum dated July 
23, 2018, the Department of the Navy requested that the Corps modify 33 
CFR 334.390 to amend the existing danger zone. The proposed danger zone 
amendment is necessary to protect the public from hazards associated 
with training and mission operations, and to improve vessel traffic 
throughput and maritime safety in the northeast region of the SDZ. The 
proposed modification identifies an area within the current of the 
danger zone where live fire exercises are no longer conducted and no 
restriction to surface navigation exists.

Procedural Requirements

a. Review Under Executive Orders 12866 and 13563

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This proposed rule has 
not been designated a ``significant regulatory action,'' under 
Executive Order 12866. Accordingly, this proposed rule has not been 
reviewed by the Office of Management and Budget (OMB), and pursuant to 
OMB guidance it is exempt from the requirements of Executive Order 
13771.
    The Corps determined this proposed rule is not a significant 
regulatory action. This regulatory action determination is based on the 
proposed rule governing the danger zone, which allow any vessel that 
needs to transit the danger zone to expeditiously transit through the 
danger zone when the small arms range is in use. When the range is not 
in use, the danger zone will be open to normal maritime traffic and to 
all activities, include anchoring and loitering. The proposed 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. 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

[[Page 3740]]

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 
during use of the small arms range. Unless information is obtained to 
the contrary during the comment period, the Corps certifies that the 
proposed rule would have no significant economic impact on the public. 
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.

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 comment 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. Revise Sec.  334.390 to read as follows:


Sec.  334.390  Atlantic Ocean south of entrance to Chesapeake Bay; 
firing range.

    (a) The danger zone. (1) A section extending seaward for a distance 
of 12,000 yards between two radial lines bearing 030[deg] True and 
083[deg] True, respectively, from a point on shore at latitude 
36[deg]46'48'' N, longitude 75[deg]57'24'' W; and an adjacent sector 
extending seaward for a distance of 15 nautical miles between two 
radial lines bearing 083[deg] True and 150[deg] True, respectively, 
from the same shore position. The datum for these coordinates is WGS-
1984.
    (b) The regulations. (1) To accommodate ingress and egress within 
the southern approach to the Chesapeake Bay Federal navigation 
channels, no live fire exercise will take place within the area 
northeast of, and defined by a line intersecting points latitude 
36[deg]47'59'' N, longitude 75[deg]46'05'' W and latitude 
36[deg]44'25'' N, longitude 75[deg]38' 57'' W, and this area is open to 
unrestricted surface navigation.
    (2) Within the remainder of the danger zone vessels shall proceed 
through the area with caution and shall remain therein no longer than 
necessary for the purpose of transit.
    (3) When firing is in progress during daylight hours, red flags 
will be displayed at conspicuous locations on the beach. When firing is 
in progress during periods of darkness, red flashing lights will be 
displayed from conspicuous locations on the beach which are visible 
from the water a minimum distance of four (4) nautical miles.
    (4) Firing on the ranges will be suspended as long as any vessel is 
within the danger zone.
    (5) Lookout posts will be manned by the activity or agency 
operating the firing range at the Naval Air Station Oceana, Dam Neck 
Annex, in Virginia Beach, Virginia. After darkness, night vision 
systems will be utilized by lookouts to aid in locating vessels 
transiting the area.
    (6) 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 properly displaying navigation 
lights, or which would preclude a vessel from observing the red range 
flags or lights.
    (7) Throughout the entire danger zone anchoring, dredging, trawling 
and any bottom disturbing activities should be conducted with caution 
due to the potential of unexploded ordnance (UXO) and other munitions 
and explosives of concern (MEC) on the bottom.
    (c) Enforcement. The regulation in this section shall be enforced 
by the Commander, Naval Air Force Atlantic, U.S. Fleet Forces Command, 
Norfolk, Virginia, and such agencies as he or she may designate.

    Dated: February 7, 2019. Approved:
Thomas P. Smith,
Chief, Operations and Regulatory Division, Directorate of Civil Works.
[FR Doc. 2019-02157 Filed 2-12-19; 8:45 am]
BILLING CODE 3720-58-P