81 FR 10087 - Atlantic Ocean South of Entrance to Chesapeake Bay Off Camp Pendleton, Virginia; Firing Range
DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers Federal Register Volume 81, Issue 39 (February 29, 2016)
Department of the Army, Corps of Engineers
Federal Register Volume 81, Issue 39 (February 29, 2016)
| Page Range | 10087-10088 | |
| FR Document | 2016-04215 |
[Federal Register Volume 81, Number 39 (Monday, February 29, 2016)] [Rules and Regulations] [Pages 10087-10088] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-04215] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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
![Federal Register / Vol. 81, No. 39 / Monday, February 29, 2016 / Rules and Regulations 10087
feet at mean high water and 25 feet at Department of Defense, including: U.S. from hazards associated with live firing
mean low water. The existing bridge Army, Army National Guard, Army operations.
operating regulations are found at 33 Reserve, U.S. Navy, Navy Reserve, U.S.
CFR 117.799(f). Marine Corps, U.S. Marine Corps Administrative Requirements
The Meadowbrook State Parkway Reserve, U.S. Air Force, Air Force a. Review under Executive Order
Bridge, mile 12.8, across Sloop Channel National Guard, Air Force Reserve, U.S. 12866. This rule is issued with respect
has a vertical clearance in the closed Coast Guard, and the U.S. Coast Guard to a military function of the Defense
position of 22 feet at mean high water Reserve, as well as many non- Department and the provisions of
and 25 feet at mean low water. The Department of Defense units. Camp Executive Order 12866 do not apply.
existing bridge operating regulations are Pendleton, VA will provide an
found at 33 CFR 117.799(h). economical, safe training environment b. Review under the Regulatory
Long Creek and Sloop Channel are for individual live fire exercises, and Flexibility Act. This final rule has been
transited by commercial fishing and collective units to conduct the reviewed under the Regulatory
recreational vessel traffic. minimum requirements for weapons Flexibility Act (Pub. L. 96–354). The
Under this temporary deviation, the qualification. The danger zone will Regulatory Flexibility Act generally
Loop Parkway and the Meadowbrook increase the level of safety to the public requires an agency to prepare a
State Parkway Bridges may remain in in the vicinity of the live firing regulatory flexibility analysis of any rule
the closed position between 11 a.m. and operations by providing additional subject to notice-and-comment
1 p.m. on September 18, 2016. notice of the hazards present. rulemaking requirements under the
Vessels able to pass under the bridge DATES: Effective date: March 30, 2016. Administrative Procedure Act or any
in the closed position may do so at any ADDRESSES: U.S. Army Corps of other statute unless the agency certifies
time. The bridges will not be able to Engineers, Attn: CECW–CO (David that the rule will not have a significant
open for emergencies and there are no Olson), 441 G Street NW., Washington, economic impact on a substantial
immediate alternate routes for vessels to DC 20314–1000. number of small entities (i.e., small
pass. FOR FURTHER INFORMATION CONTACT: Mr.
businesses and small governments). The
The Coast Guard will also inform the danger zone is necessary to protect
David Olson, Headquarters, Operations
users of the waterways through our public safety and satisfy Department of
and Regulatory Community of Practice,
Local and Broadcast Notices to Mariners Defense and other government agency
Washington, DC at 202–761–4922, or
of the change in operating schedule for requirements for small arms training.
Ms. Nicole Woodward, Corps of
the bridge so that vessels can arrange Small entities can utilize navigable
Engineers, Norfolk District, Regulatory
their transits to minimize any impact waters outside of the danger zone when
Branch, at 757–201–7122.
caused by the temporary deviation. the danger zone is activated. After
In accordance with 33 CFR 117.35(e), SUPPLEMENTARY INFORMATION: The
considering the economic impacts of
the drawbridge must return to its regular proposed rule was published in the June
this final danger zone regulation on
operating schedule immediately at the 22, 2015, edition of the Federal Register
small entities, I certify that this action
end of the effective period of this (80 FR 35621) and the regulations.gov
will not have a significant impact on a
temporary deviation. This deviation docket number was COE–2015–0006. In
substantial number of small entities.
from the operating regulations is response to the proposal, three
comments were received. The c. Review under the National
authorized under 33 CFR 117.35.
comments received from the Virginia Environmental Policy Act. This rule will
Dated: February 23, 2016. Department of Historic Resources and not have a significant impact to the
C.J. Bisignano, Virginia Department of Conservation quality of the human environment and,
Supervisory Bridge Management Specialist, and Recreation stated that the proposed therefore, preparation of an
First Coast Guard District. rule will have no adverse effect on environmental impact statement is not
[FR Doc. 2016–04278 Filed 2–26–16; 8:45 am] historic properties and no adverse required. An environmental assessment
BILLING CODE 9110–04–P impacts on natural heritage resources. In has been prepared. It may be reviewed
addition, a comment was received in at the District office listed at the end of
response to the proposal in the Federal the FOR FURTHER INFORMATION CONTACT
DEPARTMENT OF DEFENSE Register objecting to the creation of a section, above.
firing range and the environmental d. Unfunded Mandates Act. This rule
Department of the Army, Corps of effects associated with it. This action is does not impose an enforceable duty
Engineers the establishment of a danger zone at an among the private sector and, therefore,
existing firing range which has been in is not subject to the requirements of
33 CFR Part 334 use for the last century, therefore no Section 202 or 205 of the Unfunded
new environmental impacts are Mandates Reform Act (Public Laws 104–
Atlantic Ocean South of Entrance to proposed as a result of the action. 4, 109 Stat. 48, 2 U.S.C. 1501 et seq.).
Chesapeake Bay Off Camp Pendleton, In response to a request by the United We have also found under Section 203
Virginia; Firing Range States Navy, and pursuant to its of the Act, that small governments will
AGENCY: U.S. Army Corps of Engineers, authorities in Section 7 of the Rivers not be significantly or uniquely affected
Department of Defense. and Harbors Act of 1917 (40 Stat. 266; by this rule.
ACTION: Final rule. 33 U.S.C. 1) and Chapter XIX of the
asabaliauskas on DSK5VPTVN1PROD with RULES
Army Appropriations Act of 1919 (40 List of Subjects in 33 CFR Part 334
SUMMARY: The Corps of Engineers is Stat. 892; 33 U.S.C. 3), the Corps of
Danger zones, Marine safety,
establishing a permanent danger zone in Engineers is amending 33 CFR part 334
Navigation (water), Restricted areas,
waters of the Atlantic Ocean south of for a permanent danger zone, in waters
Waterways.
Rudee Inlet in Virginia Beach, Virginia. of the Atlantic Ocean south of Rudee
The Camp Pendleton firing range Inlet in Virginia Beach, Virginia. The For the reasons set out in the
supports a myriad of stakeholders that establishment of a permanent danger preamble, the Corps amends 33 CFR
include all components of the zone is necessary to protect the public part 334 as follows:
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![10088 Federal Register / Vol. 81, No. 39 / Monday, February 29, 2016 / Rules and Regulations
PART 334—DANGER ZONE AND Dated: February 17, 2016. or other information whose disclosure is
RESTRICTED AREA REGULATIONS Edward E. Belk, Jr., restricted by statute. Multimedia
Chief, Operations and Regulatory Division, submissions (audio, video, etc.) must be
■ 1. The authority citation for 33 CFR Directorate of Civil Works. accompanied by a written comment.
part 334 continues to read as follows: [FR Doc. 2016–04215 Filed 2–26–16; 8:45 am] The written comment is considered the
Authority: 40 Stat. 266 (33 U.S.C. 1) and BILLING CODE 3720–58–P official comment and should include
40 Stat. 892 (33 U.S.C. 3). discussion of all points you wish to
make. The EPA will generally not
■ 2. Add § 334.405 to read as follows: ENVIRONMENTAL PROTECTION consider comments or comment
AGENCY contents located outside of the primary
§ 334.405 South of entrance to
submission (i.e. on the web, cloud, or
Chesapeake Bay off Camp Pendleton,
Virginia; firing range. 40 CFR Part 52 other file sharing system). For
additional submission methods, please
(a) The danger zone. An area directly [EPA–R03–OAR–2016–0006; FRL–9942–90–
Region 3]
contact the person identified in the ‘‘For
from Camp Pendleton extending Further Information Contact’’ section.
offshore as denied by lines drawn as Approval and Promulgation of Air For the full EPA public comment policy,
follows: Beginning at latitude 36°49′00″ Quality Implementation Plans; Virginia; information about CBI or multimedia
N., longitude 75°58′04″ W.; thence to Prevention of Significant Deterioration; submissions, and general guidance on
latitude 36°49′19″ N., longitude Fine Particulate Matter making effective comments, please visit
75°57′41″ W.; thence to latitude http://www2.epa.gov/dockets/
36°49′21″ N., longitude 75°57′32″ W.; AGENCY: Environmental Protection commenting-epa-dockets.
thence to latitude 36°49′13″ N., Agency (EPA). FOR FURTHER INFORMATION CONTACT:
longitude 75°56′44″ W.; thence to ACTION: Direct final rule. Himanshu Vyas, (215) 814–2112, or by
latitude 36°49′22″ N., longitude email at vyas.himanshu@epa.gov.
75°55′48″ W.; thence to latitude SUMMARY: The Environmental Protection
Agency (EPA) is taking direct final SUPPLEMENTARY INFORMATION:
36°49′12″ N., longitude 75°55′46″ W.;
thence to latitude 36°49′02″ N., action to approve revisions to the I. Background
longitude 75°55′45″ W.; thence to Commonwealth of Virginia State
Implementation Plan (SIP) submitted by The CAA at section 110(a)(2)(C)
latitude 36°48′52″ N., longitude requires states to develop and submit to
75°55′45″ W.; thence to latitude the Virginia Department of
Environmental Quality (VADEQ) on the EPA for approval into the SIP
36°48′54″ N., longitude 75°56′42″ W.; preconstruction review and permitting
thence to latitude 36°48′41″ N., behalf of the Commonwealth on July 22,
2014. VADEQ’s submittal revises programs applicable to certain new and
longitude 75°57′28″ W.; thence to modified stationary sources of air
latitude 36°48′41″ N., longitude Virginia’s Prevention of Significant
Deterioration (PSD) air quality pollutants for attainment and
75°57′37″ W.; thence to latitude nonattainment areas that cover both
36°48′57″ N., longitude 75°58′04″ W. preconstruction permitting program to
be consistent with the federal PSD major and minor new sources and
The datum for these coordinates is modifications, collectively referred to as
WGS84. regulations regarding the use of the
significant monitoring concentration the New Source Review (NSR) SIP. The
(b) The regulations. (1) Persons and CAA NSR SIP program is composed of
vessels shall proceed through the area (SMC) and significant impact levels
(SILs) for fine particulate matter (PM2.5) three separate programs: PSD,
with caution and shall remain therein Nonattainment New Source Review
no longer than necessary for purpose of emissions. EPA is approving these
revisions in accordance with the (NNSR), and Minor NSR. PSD is
transit. established in part C of title I of the
requirements of the Clean Air Act
(2) When firing is in progress during (CAA). CAA and applies in areas that meet the
daylight hours, red flags will be National Ambient Air Quality Standards
displayed at conspicuous locations on DATES: This rule is effective on April 29, (NAAQS)—‘‘attainment areas,’’ as well
the beach. No firing will be done during 2016 without further notice, unless EPA as areas where there is insufficient
the hours of darkness or low visibility. receives adverse written comment by information to determine if the area
March 30, 2016. If EPA receives such meets the NAAQS—‘‘unclassifiable
(3) Firing on the ranges shall be
comments, it will publish a timely areas.’’ The NNSR SIP program is
suspended as long as any persons or
withdrawal of the direct final rule in the established in part D of title I of the
vessels are within the danger zone.
Federal Register and inform the public CAA and applies in areas that are not in
(4) Lookout posts shall be manned by that the rule will not take effect. attainment of the NAAQS—
the activity or agency operating the
ADDRESSES: Submit your comments, ‘‘nonattainment areas.’’ The Minor NSR
firing range State Military Reservation,
identified by Docket ID No. EPA–R03– SIP program addresses construction or
Camp Pendleton.
OAR–2016–0006 at http:// modification activities that do not emit,
(5) There shall be no firing on the www.regulations.gov, or via email to or have the potential to emit, beyond
range during periods of low visibility johansen.amy@epa.gov. For comments certain major source thresholds, and
which would prevent the recognition of submitted at Regulations.gov, follow the thus do not qualify as ‘‘major’’ and
a vessel (to a distance of 7,500 yards) online instructions for submitting applies regardless of the designation of
asabaliauskas on DSK5VPTVN1PROD with RULES
which is property displaying navigation comments. Once submitted, comments the area in which a source is located.
lights, or which would preclude a vessel cannot be edited or removed from The EPA regulations governing the
from observing the red range flags or Regulations.gov. For either manner of criteria that states must satisfy for EPA
lights. submission, the EPA may publish any approval of the NSR programs as part of
(c) Enforcement. The regulations in comment received to its public docket. the SIP are contained in 40 CFR 51.160–
this section shall be enforced by the Do not submit electronically any 51.166.
Adjutant General of Virginia, and such information you consider to be On October 20, 2010, EPA
agencies as he or she may designate. Confidential Business Information (CBI) promulgated revisions to the existing
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Document Created: 2016-02-27 02:04:52
Document Modified: 2016-02-27 02:04:52
| 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. | |
| 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. | |
| FR Citation | 81 FR 10087 | |
| CFR Associated | Danger Zones; Marine Safety; Navigation (water); Restricted Areas and Waterways |
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