[Federal Register Volume 85, Number 210 (Thursday, October 29, 2020)]
[Proposed Rules]
[Pages 68507-68509]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22895]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 334

[COE-2020-0015]


Danger Zone; Pacific Ocean at U.S. Marine Corps Base, Camp Blaz, 
Mason Live-Fire Training Range Complex, on the North Coast of Guam

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

ACTION: Notice of proposed rulemaking and request for comments.

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SUMMARY: The U.S. Army Corps of Engineers (Corps) is proposing to 
revise its existing regulations to establish a danger zone at the U.S. 
Marine Corps Base, Camp Blaz in the Pacific Ocean, Guam. The Marine 
Corps requested establishment of a danger zone extending over the 
Pacific Ocean adjacent to the Mason Live-Fire Training Range Complex 
(LFTRC). Establishment of the danger zone would intermittently restrict 
commercial, public, and private vessels from entering or lingering in 
the restricted safety zone to ensure public safety during small arms 
training activities. This danger zone is necessary to minimize 
potential conflicts between local populace activities and ongoing 
military training in the subject area.

DATES: Written comments must be submitted on or before November 30, 
2020.

ADDRESSES: You may submit comments, identified by docket number COE-
2020-0015, 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-2020-0015, 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-2020-0015. 
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 
any disk or compact disk 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.

SUPPLEMENTARY INFORMATION:

Background

    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 
proposing to amend the regulations at 33 CFR part 334 by establishing a 
danger zone in the Pacific Ocean. The amendment to this regulation will 
allow the Commanding Officer of the U.S. Marine Corps Base, Camp Blaz, 
Guam to restrict passage of persons, watercraft, and vessels in the 
waters within the danger zone during use of the Mason Live-Fire 
Training Range. The establishment of the danger zone would 
intermittently restrict passage of persons, watercraft, and vessels 
from entering or lingering in the danger zone to ensure public safety 
during live-fire training activities at the Mason LFTRC. This danger 
zone will be in place as a precautionary measure to protect the public 
from any potential impacts in firing small arms to the north.
    The Department of Defense military forces and the Government of 
Guam law enforcement agencies are required to qualify with their 
assigned weapons prior to executing their duties and further the 
execution of their assigned mission. These ranges are not only used by 
military forces assigned to the island, but also deployable military 
forces (Army, Navy, Air Force, and Marines). The Department of Defense 
requires frequent firing of assigned weapons to ensure proficiency in 
the use and operations of assigned weapons.
    The proposed danger zone would comprise approximately 3,660 acres 
extending into the ocean approximately 2.8 miles from the north coast 
of Guam. The proposed establishment of this danger zone was considered 
in the Final Guam and CNMI Military Relocation Environmental Impact 
Statement (2015). The Department of the Navy considered the 
environmental consequences of the proposed action, strategic 
implications, operational training requirements, and obligations under 
treaties and announced its decision to construct and operate a live-
fire training range

[[Page 68508]]

complex on Guam in support of the relocation of U.S. Marines.
    The Mason LFTRC will consist of five ranges firing small arms up to 
and including .50 caliber rifles and heavy machine guns. This location 
is part of the Marine Corps Base Camp Blaz (MCBCB) facility and meets 
all of the landside requirements of a small arms range. With limited 
land on the island, it is not feasible to have the firing range and 
danger zone completely on land.
    The Installation Range Control Officer (IRCO) will be responsible 
for submitting all Notice to Mariners (NTM) no later than 24 hours 
before the use of the range and publishing the range schedule and 
standard operating procedures on the MCBCB web page. The establishment 
of the danger zone would ensure public safety and facilitate safe live-
fire training. ``Day'' operations would occur between 7:00 a.m. and 
7:00 p.m. ``Night'' operations (estimated to occur two nights per week) 
would occur between 7:00 p.m. and 10:00 p.m. or 6:00 a.m. and 6:59 a.m. 
No training is planned to occur between the hours of 10:00 p.m. and 
6:00 a.m. When the danger zone is activated it will be closely 
monitored by surface radar and personnel designated to serve as 
observers. Due to the extreme depth of the waters off the coast of Guam 
buoys will not be employed.

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 would not allow any 
person, vessel or other craft to enter or remain in the area during 
times designated for live-fire except those authorized by the enforcing 
agency. When the range is not in use, the danger zone will be open to 
normal maritime traffic and to all activities, including anchoring and 
loitering.

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 proposed danger 
zone is necessary to protect public safety during use of the small arms 
range. The proposed danger zone will be in effect on an intermittent 
basis, and persons, vessels, and other watercraft can transit around 
the danger zone when it is in effect and live-firing exercises may be 
conducted. The proposed danger zone would not allow any person, vessel 
or other craft to enter or remain in the area during times designated 
for live-fire except those authorized by the enforcing agency. When the 
range is not in use, the danger zone will be open to normal maritime 
traffic and to all activities, including anchoring and loitering. 
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 on 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 contain a Federal mandate that may 
result in expenditures of $100 million or more for state, local, and 
tribal governments, in the aggregate, or the private sector in any one 
year. Therefore, this proposed rule is not subject to the requirements 
of Sections 202 and 205 of the Unfunded Mandates Reform Act (UMRA). The 
proposed rule contains no regulatory requirements that might 
significantly or uniquely affect small governments. Therefore, the 
proposed rule is not subject to the requirements of Section 203 of 
UMRA.

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. The Corps 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, Navigation (water), Restricted areas, Waterways.

    For the reasons set forth in the summary above, 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 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.  334.1425 to read as follows:


Sec.  334.1425  Pacific Ocean adjacent to the Mason Live-Fire Training 
Range Complex located at U.S. Marine Corps Base, Camp Blaz, on the 
northwestern coast of Guam; danger zone.

    (a) Area of Proposed Danger Zone. The danger zone will consist of 
two areas: An outer area (Area 1) for large caliber weapons and a 
smaller area (Area 2) for smaller caliber weapons within Area 1. The 
datum for the coordinates is NAD-83.
    (1) Area 1. The waters bounded by the following seven points: Point 
A (13[deg]38'59.443'' N; 144[deg]51'11.522'' E) following the mean high 
water line to Point B (13[deg]38'36.722'' N; 144[deg]52'50.256'' E), 
following the mean high water line to Point C (13[deg]38'33.936'' N; 
144[deg]52'53.031'' E), to Point D (13[deg]40'8.336'' N; 
144[deg]53'44.876'' E), to Point E (13[deg]40'56.842'' N; 
144[deg]53'42.808'' E), to Point F

[[Page 68509]]

(13[deg]41'28.434'' N; 144[deg]52'37.582'' E), and Point G 
(13[deg]41'3.344'' N; 144[deg]51'53.652'' E).
    (2) Area 2. A subset of waters within Area 1 bounded by the 
following six points: Point A (13[deg]39'7.432'' N; 144[deg]52'8.210'' 
E) following the mean high water line to Point B (13[deg]38'36.722'' N; 
144[deg]52'50.256'' E), following the mean high water line to Point C 
(13[deg]38'33.936'' N; 144[deg]52'53.031'' E), to Point D 
(13[deg]39'54.724'' N; 144[deg]53'37.400'' E), to Point E 
(13[deg]40'25.737'' N; 144[deg]52'43.157'' E), and Point F 
(13[deg]40'6.494'' N; 144[deg]52'7.349'' E).
    (b) The regulation. (1) The enforcing agency will designate which 
area will be closed for use on dates designated for live-fire. No 
persons, watercrafts, or vessels shall enter, or remain, in the area 
during the times designated for live-fire except those authorized by 
the enforcing agency. The Installation Range Control Officer will be 
responsible for submitting all local Notices to Mariners of specific 
dates of firing, which will be disseminated through the U.S. Coast 
Guard and on the Marine Corps Base Camp Blaz website. The area will be 
open to normal maritime traffic when the range is not in use.
    (2) When the range is in use red flags will be displayed from a 
conspicuous and easily seen location on the east and west boundary of 
the danger zone to signify that the range is in use. These flags will 
be removed when firing ceases for the day.
    (3) During the night firing, red lights will be displayed on the 
east and west side of the danger zone to enable safety observers to 
detect vessels which may attempt to enter the danger zone. All range 
flags and red lights will be visible from 360 degrees. Due to the depth 
of the ocean the danger zone will not be marked with buoys.
    (c) Enforcement. The restrictions on public access through the 
danger zone shall be enforced by the Commander, Marine Corps Base, Camp 
Blaz, and such agencies as the Commander may designate in writing.

Thomas P. Smith,
Chief, Operations and Regulatory Division Directorate of Civil Works.
[FR Doc. 2020-22895 Filed 10-28-20; 8:45 am]
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