[Federal Register Volume 84, Number 136 (Tuesday, July 16, 2019)]
[Rules and Regulations]
[Pages 33849-33850]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15086]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 334

[COE-2018-0007]


Atlantic Ocean South of Entrance to Chesapeake Bay; Firing Range

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

ACTION: Final rule.

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SUMMARY: The Corps of Engineers is amending 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. 
This amendment is necessary to accurately identify the hazards 
associated with training and mission operations to protect the public. 
This amendment identifies 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 amendment 
removes references to live fire range conditions and safety procedures 
since shore-to-sea gunnery operations are no longer conducted.

DATES: Effective: August 15, 2019.

ADDRESSES: U.S. Army Corps of Engineers, Attn: CECW-CO-R (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 
February 13, 2019, edition of the Federal Register (84 FR 3739) and the 
regulations.gov docket number was COE-2018-0007. No comments were 
received in response to the proposed rule.
    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 334.390 to amend this danger zone in the waters of the Atlantic 
Ocean south of the entrance to the Chesapeake Bay adjacent to Naval Air 
Station Oceana's Dam Neck Annex in Virginia Beach, Virginia.

Procedural Requirements

a. Regulatory Planning and Review

    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. For the reasons stated 
below, this final rule is not a ``significant regulatory action'' under 
Executive Order 12866. Accordingly, this final 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 final rule is not a significant 
regulatory action because both the area of existing danger zone subject 
to live firing exercises and the navigation restrictions are being 
decreased. This final rule allows 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 small arms range is not in use, 
the danger zone will be open to normal maritime traffic and to all 
activities, include anchoring and loitering. This 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. Impact on Small Entities.

    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 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 Corps certifies that this rule will not have a significant 
economic impact on a substantial number of small entities. While some 
owners or operators of vessels that intend to transit the danger zone 
may be small entities, this rule would not have a significant economic 
impact on any vessel owner or operator because it identifies the 
portion of the danger zone that is

[[Page 33850]]

subject to live firing exercises and navigation restrictions, and 
allows 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 small arms range is not in use, the danger zone 
will be open to normal maritime traffic and to all activities, include 
anchoring and loitering. In addition, danger zone is necessary to 
protect public from hazards associated with training and mission 
operations. Small entities can also utilize navigable waters outside of 
the danger zone when the small arms range is in use. The Corps has 
determined that the modified danger zone will have practically no 
economic impact on the public, including any anticipated navigational 
hazard or interference with existing waterway traffic. After 
considering the economic impacts of this amendment of the existing 
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 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, 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. I have also found under Section 203 
of the Act, that small governments will not be significantly and 
uniquely affected by this rulemaking.

e. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. We will submit a report containing the final rule and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States. A 
major rule cannot take effect until 60 days after it is published in 
the Federal Register. This final rule is not a ``major rule'' as 
defined by 5 U.S.C. 804(2).

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:

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 regulation. (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: July 11, 2019.
Thomas P. Smith, P.E.,
Chief, Operations and Regulatory Division, Directorate of Civil Works.
[FR Doc. 2019-15086 Filed 7-15-19; 8:45 am]
 BILLING CODE 3720-58-P