80 FR 9384 - Oregon Army National Guard Danger Zone, Camp Rilea, Clatsop County, Oregon

DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers

Federal Register Volume 80, Issue 35 (February 23, 2015)

Page Range		9384-9385
FR Document		2015-03626

The U.S. Army Corps of Engineers is establishing a new danger zone in the waters adjacent to Camp Rilea located in Clatsop County, Oregon. The regulation prohibits any activity by the public within the danger zone during use of weapons training ranges. The new danger zone is necessary to ensure public safety and satisfy the Oregon National Guard operations requirements for small arms training.

Federal Register, Volume 80 Issue 35 (Monday, February 23, 2015)

[Federal Register Volume 80, Number 35 (Monday, February 23, 2015)]
[Rules and Regulations]
[Pages 9384-9385]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-03626]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 334


Oregon Army National Guard Danger Zone, Camp Rilea, Clatsop 
County, Oregon

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

ACTION: Final rule.

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SUMMARY: The U.S. Army Corps of Engineers is establishing a new danger 
zone in the waters adjacent to Camp Rilea located in Clatsop County, 
Oregon. The regulation prohibits any activity by the public within the 
danger zone during use of weapons training ranges. The new danger zone 
is necessary to ensure public safety and satisfy the Oregon National 
Guard operations requirements for small arms training.

DATES: Effective March 25, 2015.

ADDRESSES: U.S. Army Corps of Engineers, Attn: CECW-CO (David B. 
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 Mr. Steve Gagnon, U.S. Army Corps of Engineers, Portland 
District, Regulatory Branch, at 503-808-4379.

SUPPLEMENTARY INFORMATION: In response to a request from the Oregon 
Army National Guard, 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 is amending the regulations at 33 CFR part 334 to 
establish a new danger zone. The danger zone will prohibit access to 
waters adjacent to Camp Rilea during use of weapons training ranges, 
thereby ensuring that no threat is posed to passing water traffic due 
to ricochet rounds.
    The proposed rule was published in the May 2, 2012, issue of the 
Federal Register (77 FR 25952), and its regulations.gov docket number 
is COE-2011-0036. Three state agencies responded to the notice with 
comments. Most of the comments were regarding public access and 
notification methods. Oregon law created a recreation easement in 1967 
guaranteeing access to the beaches for everyone. The commenting 
agencies expressed concerns that these closures would impinge on this 
recreational access, especially during periods of heavy recreational 
use such as clam harvesting activities. Oregon Parks and Recreation 
Department developed an interagency agreement with the Oregon Military 
Department detailing when closures can and cannot occur and procedures 
for those closures to ensure public safety. For example, the closures 
will not be scheduled during low tides most favorable for clam digging; 
there will be 15 minutes of cease fire during each hour of closure to 
allow passage by boats and beach goers through the restricted area; and 
Oregon Military

[[Page 9385]]

Department will maintain a Web site to disseminate information about 
closures.
    Oregon Department of Fish and Wildlife also had concerns about 
potential disturbance to sensitive wildlife species, including Steller 
sea lions, snowy plovers, and sea turtles. The use of the danger zone 
is not expected to increase impacts to any wildlife. A danger zone is a 
buffer established around a firing range for unexpected errant rounds 
or explosive fragments. In addition, establishing a buffer is intended 
to increase public safety during training on the firing ranges, but is 
not granting permission for the National Guard to perform training. 
Increased activity due to the danger zone determination would be 
limited to hanging warning flags and posting guards on the beach. This 
type of activity is entirely consistent with existing activity on the 
beach and would not increase impacts to sensitive wildlife species in 
the area.

Procedural Requirements

    a. Review Under Executive Order 12866. This final 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 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 the 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 the Oregon 
National Guard's operations requirements for small arms training. Small 
entities can utilize navigable waters in the danger zone when the 
danger zone is not activated by the Oregon National Guard. When the 
danger zone is activated, small entities can utilize navigable waters 
outside of the danger zone. After considering the economic impacts of 
this 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. The Corps 
has determined that this regulation 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 and 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 section 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 stated 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. Add Sec.  334.1175 to read as follows:


Sec.  334.1175  Pacific Ocean, at Camp Rilea, Clatsop County, Oregon; 
Danger Zone.

    (a) The danger zone. The danger zone shall encompass all navigable 
waters of the United States, as defined at 33 CFR part 329, within an 
area bounded as follows: Beginning at latitude 46[deg]09'00.32'' N, 
longitude 123[deg]57'52.57'' W; thence to latitude 46[deg]09'00.32'' N, 
longitude 124[deg]01'03.92'' W; thence to latitude 46[deg]05'25.38'' N, 
longitude 124[deg]01'03.92'' W; thence to latitude 46[deg]05'25.38'' N, 
longitude 123[deg]56'23.19'' W. The datum for these coordinates is 
WGS84.
    (b) The regulations. (1) No person or vessel shall enter or remain 
in the danger zone when restrictions are in force during weapons range 
training activities. At all other times, nothing in this regulation 
prohibits any lawful uses of this area.
    (2) A schedule for proposed closures of the danger zone will be 
furnished to the Coast Guard, Astoria Command Center one week in 
advance of range training activities to provide local notice to 
mariners. Changes to the schedule made less than one week in advance of 
the event will be transmitted to the Command Center on the day the 
change is made.
    (3) At least 30 minutes prior to restricting navigation in the 
danger zone, red flags will be raised on wooden poles immediately next 
to the beach at the north and south boundaries of Camp Rilea. The red 
flags will remain flying while the ranges are in use. During night 
weapons training activities, red lights will be substituted for the 
flags. Closure announcements will be broadcast over marine VHF Channel 
16/19. When range training activities are completed, the red flags will 
be removed and an announcement made over marine VHF Channel 16/19 that 
restrictions are lifted.
    (4) When restrictions are in force, Camp Rilea will visually 
monitor the danger zone using radar and guards, equipped with 
binoculars and two-way radios, posted on the beach near the north and 
south boundaries of the Camp. If a vessel is detected in the danger 
zone, a cease fire will be called on all active weapons ranges and Camp 
Rilea will attempt to contact the vessel using marine VHF radio. Cease 
fire will be maintained until the vessel leaves the danger zone.
    (c) Enforcement. The regulations in this section shall be enforced 
by the Commanding Officer, Camp Rilea, Oregon and such agencies as he/
she may designate.

    Dated: February 18, 2015.
Edward E. Belk, Jr.,
Chief, Operations and Regulatory Division, Directorate of Civil Works.
[FR Doc. 2015-03626 Filed 2-20-15; 8:45 am]
BILLING CODE 3720-58-P

9384 Federal Register / Vol. 80, No. 35 / Monday, February 23, 2015 / Rules and Regulations

occurs later, report the inspection results to 2014, for related information. The MCAI can SUMMARY: The U.S. Army Corps of
Short Brothers & Harland Ltd. by completing be found in the AD docket on the Internet at: Engineers is establishing a new danger
the Inspection Results Proforma following http://www.regulations.gov/ zone in the waters adjacent to Camp
the instructions of paragraph 3.C.(2) of #!documentDetail;D=FAA-2014-1001-0002.
Rilea located in Clatsop County, Oregon.
SAFRAN Messier-Buggatti-Dowty Service For Short Brothers & Harland Ltd. service
Bulletin No. 32–17M, dated November 1, information identified in this AD, contact The regulation prohibits any activity by
2014. You can find contact information for Airworthiness, Short Brothers PLC, P.O. Box the public within the danger zone
Short Brothers & Harland Ltd. in paragraph 241, Airport Road, Belfast, BT3 9DZ Northern during use of weapons training ranges.
(h) of this AD. Ireland, United Kingdom; phone: +44–2890– The new danger zone is necessary to
(5) From March 30, 2015 (the effective date 462469, fax: 44–2890–733647, email: ensure public safety and satisfy the
of this AD), you may install a sliding tube on michael.mulholland@aero.bombardier.com, Oregon National Guard operations
an NLG provided that, before next flight after internet: None. requirements for small arms training.
installation, the NLG sliding tube passes the DATES: Effective March 25, 2015.
(i) Material Incorporated by Reference
inspections in paragraphs (f)(1) and (f)(2) of
this AD following the instructions of (1) The Director of the Federal Register ADDRESSES: U.S. Army Corps of
paragraph 3 of SAFRAN Messier-Buggatti- approved the incorporation by reference Engineers, Attn: CECW–CO (David B.
Dowty Service Bulletin No. 32–17M, dated (IBR) of the service information listed in this Olson), 441 G Street NW., Washington,
November 1, 2014. paragraph under 5 U.S.C. 552(a) and 1 CFR DC 20314–1000.
part 51. FOR FURTHER INFORMATION CONTACT: Mr.
(g) Other FAA AD Provisions (2) You must use this service information David Olson, Headquarters, Operations
The following provisions also apply to this as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
and Regulatory Community of Practice,
AD:
(1) Alternative Methods of Compliance (i) SAFRAN Messier-Buggatti-Dowty Washington, DC at 202–761–4922 or Mr.
(AMOCs): The Manager, Standards Office, Service Bulletin No. 32–17M, dated Steve Gagnon, U.S. Army Corps of
FAA, has the authority to approve AMOCs November 1, 2014. Engineers, Portland District, Regulatory
for this AD, if requested using the procedures (ii) Reserved. Branch, at 503–808–4379.
found in 14 CFR 39.19. Send information to (3) For SAFRAN Messier-Buggatti-Dowty SUPPLEMENTARY INFORMATION: In
ATTN: Doug Rudolph, Aerospace Engineer, service information identified in this AD, response to a request from the Oregon
FAA, Small Airplane Directorate, 901 Locust, contact Messier-Dowty Limited, Cheltenham Army National Guard, and pursuant to
Room 301, Kansas City, Missouri 64106; Road, Gloucester GL2 9QH, ENGLAND;
its authorities in Section 7 of the Rivers
telephone: (816) 329–4059; fax: (816) 329– phone: +44(0)1452 712424; fax: +44(0)1452
4090; email: doug.rudolph@faa.gov. Before 713821; email: americacsc@safranmbd.com, and Harbors Act of 1917 (40 Stat. 266;
using any approved AMOC on any airplane Internet: http://www.safranmbd.com. 33 U.S.C. 1) and Chapter XIX of the
to which the AMOC applies, notify your (4) You may view this service information Army Appropriations Act of 1919 (40
appropriate principal inspector (PI) in the at the FAA, Small Airplane Directorate, 901 Stat. 892; 33 U.S.C. 3), the Corps is
FAA Flight Standards District Office (FSDO), Locust, Kansas City, Missouri 64106. For amending the regulations at 33 CFR part
or lacking a PI, your local FSDO. information on the availability of this 334 to establish a new danger zone. The
(2) Airworthy Product: For any requirement material at the FAA, call (816) 329–4148. In danger zone will prohibit access to
in this AD to obtain corrective actions from addition, you can access this service waters adjacent to Camp Rilea during
a manufacturer or other source, use these information on the Internet at http://
use of weapons training ranges, thereby
actions if they are FAA-approved. Corrective www.regulations.gov by searching for and
actions are considered FAA-approved if they locating Docket No. FAA–2014–1001. ensuring that no threat is posed to
are approved by the State of Design Authority (6) You may view this service information passing water traffic due to ricochet
(or their delegated agent). You are required that is incorporated by reference at the rounds.
to assure the product is airworthy before it National Archives and Records The proposed rule was published in
is returned to service. Administration (NARA). For information on the May 2, 2012, issue of the Federal
(3) Reporting Requirements: For any the availability of this material at NARA, call Register (77 FR 25952), and its
reporting requirement in this AD, a federal 202–741–6030, or go to: http:// regulations.gov docket number is COE–
agency may not conduct or sponsor, and a www.archives.gov/federal-register/cfr/ibr- 2011–0036. Three state agencies
person is not required to respond to, nor locations.html. responded to the notice with comments.
shall a person be subject to a penalty for Issued in Kansas City, Missouri, on Most of the comments were regarding
failure to comply with a collection of February 6, 2015.
information subject to the requirements of
public access and notification methods.
the Paperwork Reduction Act unless that Robert Busto, Oregon law created a recreation
collection of information displays a current Acting Manager, Small Airplane Directorate, easement in 1967 guaranteeing access to
valid OMB Control Number. The OMB Aircraft Certification Service. the beaches for everyone. The
Control Number for this information [FR Doc. 2015–03165 Filed 2–20–15; 8:45 am] commenting agencies expressed
collection is 2120–0056. Public reporting for BILLING CODE 4910–13–P concerns that these closures would
this collection of information is estimated to impinge on this recreational access,
be approximately 5 minutes per response, especially during periods of heavy
including the time for reviewing instructions, recreational use such as clam harvesting
completing and reviewing the collection of DEPARTMENT OF DEFENSE
information. All responses to this collection
activities. Oregon Parks and Recreation
of information are mandatory. Comments Department of the Army, Corps of Department developed an interagency
concerning the accuracy of this burden and Engineers agreement with the Oregon Military
suggestions for reducing the burden should Department detailing when closures can
be directed to the FAA at: 800 Independence 33 CFR Part 334 and cannot occur and procedures for
Ave. SW., Washington, DC 20591, Attn: those closures to ensure public safety.
emcdonald on DSK67QTVN1PROD with RULES

Information Collection Clearance Officer, Oregon Army National Guard Danger For example, the closures will not be
AES–200. Zone, Camp Rilea, Clatsop County, scheduled during low tides most
(h) Related Information Oregon favorable for clam digging; there will be
Refer to MCAI European Aviation Safety AGENCY: U.S. Army Corps of Engineers, 15 minutes of cease fire during each
Agency (EASA) AD No.: 2014–0246, dated DoD hour of closure to allow passage by
November 12, 2014; and Shorts Service boats and beach goers through the
ACTION: Final rule.
Bulletin Number 32–74, dated November 1, restricted area; and Oregon Military

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Federal Register / Vol. 80, No. 35 / Monday, February 23, 2015 / Rules and Regulations 9385

Department will maintain a Web site to environmental impact statement is not zone, red flags will be raised on wooden
disseminate information about closures. required. An environmental assessment poles immediately next to the beach at
Oregon Department of Fish and has been prepared and may be reviewed the north and south boundaries of Camp
Wildlife also had concerns about at the District office listed at the end of Rilea. The red flags will remain flying
potential disturbance to sensitive the FOR FURTHER INFORMATION CONTACT while the ranges are in use. During night
wildlife species, including Steller sea section, above. weapons training activities, red lights
lions, snowy plovers, and sea turtles. d. Unfunded Mandates Act. This rule will be substituted for the flags. Closure
The use of the danger zone is not does not impose an enforceable duty announcements will be broadcast over
expected to increase impacts to any among the private sector and, therefore, marine VHF Channel 16/19. When range
wildlife. A danger zone is a buffer it is not a Federal private section training activities are completed, the red
established around a firing range for mandate and it is not subject to the flags will be removed and an
unexpected errant rounds or explosive requirements of either section 202 or announcement made over marine VHF
fragments. In addition, establishing a Section 205 of the Unfunded Mandates Channel 16/19 that restrictions are
buffer is intended to increase public Act. We have also found under Section lifted.
safety during training on the firing 203 of the Act that small governments (4) When restrictions are in force,
ranges, but is not granting permission will not be significantly and uniquely Camp Rilea will visually monitor the
for the National Guard to perform affected by this rulemaking. danger zone using radar and guards,
training. Increased activity due to the equipped with binoculars and two-way
List of Subjects in 33 CFR Part 334
danger zone determination would be radios, posted on the beach near the
limited to hanging warning flags and Danger Zones, Marine Safety, north and south boundaries of the
posting guards on the beach. This type Navigation (water), Restricted Areas, Camp. If a vessel is detected in the
of activity is entirely consistent with Waterways. danger zone, a cease fire will be called
existing activity on the beach and would For the reasons stated in the on all active weapons ranges and Camp
not increase impacts to sensitive preamble, the Corps amends 33 CFR Rilea will attempt to contact the vessel
wildlife species in the area. part 334 as follows: using marine VHF radio. Cease fire will
Procedural Requirements be maintained until the vessel leaves the
PART 334—DANGER ZONE AND
danger zone.
a. Review Under Executive Order RESTRICTED AREA REGULATIONS (c) Enforcement. The regulations in
12866. This final rule is issued with this section shall be enforced by the
respect to a military function of the ■ 1. The authority citation for 33 CFR
part 334 continues to read as follows: Commanding Officer, Camp Rilea,
Defense Department and the provisions Oregon and such agencies as he/she
of Executive Order 12866 do not apply. Authority: 40 Stat. 266 (33 U.S.C. 1) and
may designate.
b. Review Under the Regulatory 40 Stat. 892 (33 U.S.C. 3).
Flexibility Act. This rule has been Dated: February 18, 2015.
■ 2. Add § 334.1175 to read as follows: Edward E. Belk, Jr.,
reviewed under the Regulatory
Flexibility Act (Pub. L. 96–354). The § 334.1175 Pacific Ocean, at Camp Rilea, Chief, Operations and Regulatory Division,
Regulatory Flexibility Act generally Clatsop County, Oregon; Danger Zone. Directorate of Civil Works.
requires an agency to prepare a (a) The danger zone. The danger zone [FR Doc. 2015–03626 Filed 2–20–15; 8:45 am]
regulatory flexibility analysis of any rule shall encompass all navigable waters of BILLING CODE 3720–58–P
subject to the notice-and-comment the United States, as defined at 33 CFR
rulemaking requirements under the part 329, within an area bounded as
Administrative Procedure Act or any follows: Beginning at latitude DEPARTMENT OF DEFENSE
other statute unless the agency certifies 46°09′00.32″ N, longitude 123°57′52.57″
that the rule will not have a significant W; thence to latitude 46°09′00.32″ N, Department of the Army, Corps of
economic impact on a substantial longitude 124°01′03.92″ W; thence to Engineers
number of small entities (i.e., small latitude 46°05′25.38″ N, longitude
businesses and small governments). The 124°01′03.92″ W; thence to latitude 33 CFR Part 334
danger zone is necessary to protect 46°05′25.38″ N, longitude 123°56′23.19″
public safety and satisfy the Oregon St. Johns River, U.S. Coast Guard
W. The datum for these coordinates is Station Mayport, Sector Jacksonville,
National Guard’s operations WGS84.
requirements for small arms training. Florida; Restricted Area
(b) The regulations. (1) No person or
Small entities can utilize navigable vessel shall enter or remain in the AGENCY: United States Army Corps of
waters in the danger zone when the danger zone when restrictions are in Engineers, DoD.
danger zone is not activated by the force during weapons range training ACTION: Final rule.
Oregon National Guard. When the activities. At all other times, nothing in
danger zone is activated, small entities this regulation prohibits any lawful uses SUMMARY: The U.S. Army Corps of
can utilize navigable waters outside of of this area. Engineers (Corps) is amending its
the danger zone. After considering the (2) A schedule for proposed closures restricted area/danger zone regulations
economic impacts of this danger zone of the danger zone will be furnished to to establish a new restricted area in the
regulation on small entities, I certify the Coast Guard, Astoria Command waters surrounding U.S. Coast Guard
that this action will not have a Center one week in advance of range Sector Jacksonville facilities at Station
significant impact on a substantial training activities to provide local notice Mayport, Jacksonville, Florida (Station
emcdonald on DSK67QTVN1PROD with RULES

number of small entities. to mariners. Changes to the schedule Mayport). Station Mayport is situated on
c. Review Under the National made less than one week in advance of the south side of the St. Johns River
Environmental Policy Act. The Corps the event will be transmitted to the which, as the primary federal navigable
has determined that this regulation will Command Center on the day the change channel entering the Port of
not have a significant impact to the is made. Jacksonville, is heavily transited by
quality of the human environment and, (3) At least 30 minutes prior to commercial and recreational vessels.
therefore, preparation of an restricting navigation in the danger This United States Coast Guard (USCG)

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Document Created: 2015-12-18 13:28:26
Document Modified: 2015-12-18 13:28:26

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		Effective March 25, 2015.
Contact		Mr. David Olson, Headquarters, Operations and Regulatory Community of Practice, Washington, DC at 202- 761-4922 or Mr. Steve Gagnon, U.S. Army Corps of Engineers, Portland District, Regulatory Branch, at 503-808-4379.
FR Citation		80 FR 9384
CFR Associated		Danger Zones; Marine Safety; Navigation (water); Restricted Areas and Waterways

80 FR 9384 - Oregon Army National Guard Danger Zone, Camp Rilea, Clatsop County, Oregon

DEPARTMENT OF DEFENSEDepartment of the Army, Corps of Engineers

Federal Register Volume 80, Issue 35 (February 23, 2015)

DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers