81_FR_16151 81 FR 16093 - Disestablishment of Danger Zone for Meteorological Rocket Launching Facility, Shemya Island Area, AK

81 FR 16093 - Disestablishment of Danger Zone for Meteorological Rocket Launching Facility, Shemya Island Area, AK

DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers

Federal Register Volume 81, Issue 58 (March 25, 2016)

Page Range16093-16094
FR Document2016-06860

The U.S. Air Force has requested that the U.S. Army Corps of Engineers (Corps) disestablish the existing danger zone located in the Bering Sea near Shemya Island, Alaska. The danger zone was established on September 28, 1971. The purpose of the danger zone was to protect persons and property from dangers encountered in the area associated with the launching of weather rockets. The facility has not been used for this activity since the mid-1980s. As a result of the discontinued use of this area, the Air Force has requested the danger zone be disestablished.

Federal Register, Volume 81 Issue 58 (Friday, March 25, 2016) 
[Federal Register Volume 81, Number 58 (Friday, March 25, 2016)]
[Rules and Regulations]
[Pages 16093-16094]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-06860]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 334


Disestablishment of Danger Zone for Meteorological Rocket 
Launching Facility, Shemya Island Area, AK

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

ACTION: Direct final rule.

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SUMMARY: The U.S. Air Force has requested that the U.S. Army Corps of 
Engineers (Corps) disestablish the existing danger zone located in the 
Bering Sea near Shemya Island, Alaska. The danger zone was established 
on September 28, 1971. The purpose of the danger zone was to protect 
persons and property from dangers encountered in the area associated 
with the launching of weather rockets. The facility has not been used 
for this activity since the mid-1980s. As a result of the discontinued 
use of this area, the Air Force has requested the danger zone be 
disestablished.

DATES: This rule is effective May 24, 2016 without further notice, 
unless the Corps receives adverse comment by April 25, 2016. If we 
receive such adverse comment, we will publish a timely withdrawal in 
the Federal Register informing the public that this rule will not take 
effect.

ADDRESSES: You may submit comments, identified by docket number COE-
2016-0003, 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-2016-0003, in the subject line of the message.
    Mail: U.S. Army Corps of Engineers, Attn: CECW-CO (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-2016-0003. 
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 Web site 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

[[Page 16094]]

include your name and other contact information in the body of your 
comment and with any disk or CD-ROM 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 or Ms. Linda Speerstra, U.S. Army Corps of Engineers, Alaska 
District, Regulatory Division, at 907-747-0658.

SUPPLEMENTARY INFORMATION: By letter dated December 18, 2015, the 
Chief, Pacific Air Forces Weather Operations Branch, Joint Base Pearl 
Harbor-Hickam, Hawaii requested the disestablishment of the danger zone 
at Meteorological Rocket Launching Facility on Shemya Island, Alaska. 
This request was made because the facility has not been used since the 
mid-1980s. In response to this request by the Pacific Air Forces 
Weather Operations Branch, 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 regulation at 33 CFR part 334 by 
disestablishing the danger zone in the waters of the Bering Sea, 
Meteorological Rocket Launching Facility on Shemya Island Area, Alaska.
    The Corps is publishing this rule without prior proposal because we 
view this as a non-controversial amendment and anticipate no adverse 
comment. The Corps regulations governing restricted areas state that 
notice of proposed rulemaking and public procedures are not needed 
before publishing a final rule revoking a danger zone area (see 33 CFR 
334.5(b)).
    In the ``Proposed Rules'' section of today's Federal Register, we 
are publishing a separate document that will serve as the proposal to 
disestablish this danger zone if adverse comments are filed. This rule 
will be effective on May 24, 2016 without further notice unless we 
receive adverse comment by April 25, 2016. If we receive adverse 
comment, we will publish a timely withdrawal in the Federal Register 
informing the public that the direct final rule will not take effect. 
We will address all public comments in a subsequent final rule based on 
the proposed rule. We will not institute a second comment period on 
this action. Any parties interested in commenting must do so at this 
time.

Procedural 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 rule has been 
reviewed under the Regulatory Flexibility Act (Pub. L. 96-354) which 
requires the preparation of a regulatory flexibility analysis for any 
regulation that will have a significant economic impact on a 
substantial number of small entities (i.e., small businesses and small 
governments). The Corps has determined that the removal of the danger 
zone area will have no economic impact on the public because the area 
has not been used to launch weather rockets since the mid-1980s. The 
removal of the danger zone will decrease economic impacts on small 
entities because they will no longer have to comply with that 
regulation. The proposal will have no significant economic impact on 
small entities.
    c. Review Under the National Environmental Policy Act. The Corps 
expects that the final rule 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 and it may be reviewed at the District 
office listed at the end of the FOR FURTHER INFORMATION CONTACT, above. 
If we receive adverse comment, an environmental assessment will be 
prepared for the subsequent decision on the final rule.
    d. Unfunded Mandates Act. The final rule does not impose an 
enforceable duty among the private sector and, therefore, are not a 
Federal private sector mandate and are not subject to the requirements 
of Section 202 or 205 of the Unfunded Mandates Reform Act (Pub. L. 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 rulemaking.

List of Subjects in 33 CFR Part 334

    Danger zones, 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).

Sec.  334.1290  [Removed]

0
2. Remove Sec.  334.1290.

    Dated: March 18, 2016.
Edward E. Belk, Jr.,
Chief, Operations and Regulatory Division, Directorate of Civil Works.
[FR Doc. 2016-06860 Filed 3-24-16; 8:45 am]
 BILLING CODE 3720-58-P

Federal Register / Vol. 81, No. 58 / Friday, March 25, 2016 / Rules and Regulations 16093 Educational Eye and Face Protection, constructed in accordance with one of welding filter. Table E–1 shall be used incorporated by reference in § 1926.6; the above consensus standards will be as a guide for the selection of the proper (2) Protective eye and face protection deemed to be in compliance with the shade numbers of filter lenses or plates devices that the employer demonstrates requirements of this section. used in welding. Shades more dense are at least as effective as protective eye (c) Protection against radiant energy— than those listed may be used to suit the and face protection devices that are (1) Selection of shade numbers for individual’s needs. TABLE E–1—FILTER LENS SHADE NUMBERS FOR PROTECTION AGAINST RADIANT ENERGY Welding operation Shade number Shielded metal-arc welding 1/16-, 3/32-, 1/8-, 5/32-inch diameter electrodes ................................................................................... 10 Gas-shielded arc welding (nonferrous) 1/16-, 3/32-, 1/8-, 5/32-inch diameter electrodes ................................................................. 11 Gas-shielded arc welding (ferrous) 1/16-, 3/32-, 1/8-, 5/32-inch diameter electrodes ....................................................................... 12 Shielded metal-arc welding 3/16-, 7/32-, 1/4-inch diameter electrodes .............................................................................................. 12 5/16-, 3/8-inch diameter electrodes ..................................................................................................................................................... 14 Atomic hydrogen welding .................................................................................................................................................................... 10–14 Carbon-arc welding .............................................................................................................................................................................. 14 Soldering .............................................................................................................................................................................................. 2 Torch brazing ....................................................................................................................................................................................... 3 or 4 Light cutting, up to 1 inch .................................................................................................................................................................... 3 or 4 Medium cutting, 1 inch to 6 inches ..................................................................................................................................................... 4 or 5 Heavy cutting, over 6 inches ............................................................................................................................................................... 5 or 6 Gas welding (light), up to 1/8-inch ...................................................................................................................................................... 4 or 5 Gas welding (medium), 1/8-inch to 1/2-inch ....................................................................................................................................... 5 or 6 Gas welding (heavy), over 1/2-inch ..................................................................................................................................................... 6 or 8 (2) Laser protection. (i) Employees DEPARTMENT OF DEFENSE Federal eRulemaking Portal: http:// whose occupation or assignment www.regulations.gov. Follow the requires exposure to laser beams shall Department of the Army, Corps of instructions for submitting comments. be furnished suitable laser safety goggles Engineers Email: david.b.olson@usace.army.mil. which will protect for the specific Include the docket number, COE–2016– wavelength of the laser and be of optical 33 CFR Part 334 0003, in the subject line of the message. density (O.D.) adequate for the energy Mail: U.S. Army Corps of Engineers, Disestablishment of Danger Zone for Attn: CECW–CO (David B. Olson), 441 involved. Table E–2 lists the maximum Meteorological Rocket Launching power or energy density for which G Street NW., Washington, DC 20314– Facility, Shemya Island Area, AK 1000. adequate protection is afforded by AGENCY: U.S. Army Corps of Engineers, Hand Delivery/Courier: Due to glasses of optical densities from 5 DoD. security requirements, we cannot through 8. Output levels falling between ACTION: Direct final rule. receive comments by hand delivery or lines in this table shall require the courier. higher optical density. SUMMARY: The U.S. Air Force has Instructions: Direct your comments to requested that the U.S. Army Corps of docket number COE–2016–0003. All TABLE E–2—SELECTING LASER Engineers (Corps) disestablish the comments received will be included in SAFETY GLASS existing danger zone located in the the public docket without change and Bering Sea near Shemya Island, Alaska. may be made available on-line at Intensity, CW Attenuation The danger zone was established on http://www.regulations.gov, including maximum September 28, 1971. The purpose of the power density Optical den- Attenuation any personal information provided, (watts/cm2) sity (O.D.) factor danger zone was to protect persons and unless the commenter indicates that the property from dangers encountered in comment includes information claimed 10¥2 .............. 5 .................. 105 the area associated with the launching to be Confidential Business Information 10¥1 .............. 6 .................. 106 of weather rockets. The facility has not (CBI) or other information whose 1.0 .................. 7 .................. 107 been used for this activity since the disclosure is restricted by statute. Do 10.0 ................ 8 .................. 108 mid-1980s. As a result of the not submit information that you discontinued use of this area, the Air consider to be CBI, or otherwise (ii) All protective goggles shall bear a Force has requested the danger zone be protected, through regulations.gov or label identifying the following data: disestablished. email. The regulations.gov Web site is DATES: This rule is effective May 24, an anonymous access system, which (A) The laser wavelengths for which 2016 without further notice, unless the means we will not know your identity use is intended; Corps receives adverse comment by or contact information unless you (B) The optical density of those April 25, 2016. If we receive such provide it in the body of your comment. wavelengths; adverse comment, we will publish a If you send an email directly to the jstallworth on DSK7TPTVN1PROD with RULES (C) The visible light transmission. timely withdrawal in the Federal Corps without going through [FR Doc. 2016–06359 Filed 3–24–16; 8:45 am] Register informing the public that this regulations.gov, your email address will rule will not take effect. be automatically captured and included BILLING CODE 4510–26–P ADDRESSES: You may submit comments, as part of the comment that is placed in identified by docket number COE– the public docket and made available on 2016–0003, by any of the following the Internet. If you submit an electronic methods: comment, we recommend that you VerDate Sep<11>2014 17:06 Mar 24, 2016 Jkt 238001 PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 E:\FR\FM\25MRR1.SGM 25MRR1

16094 Federal Register / Vol. 81, No. 58 / Friday, March 25, 2016 / Rules and Regulations include your name and other contact this danger zone if adverse comments governments will not be significantly or information in the body of your are filed. This rule will be effective on uniquely affected by this rulemaking. comment and with any disk or CD–ROM May 24, 2016 without further notice List of Subjects in 33 CFR Part 334 you submit. If we cannot read your unless we receive adverse comment by comment because of technical April 25, 2016. If we receive adverse Danger zones, Navigation (water), difficulties and cannot contact you for comment, we will publish a timely Restricted areas, Waterways. clarification, we may not be able to withdrawal in the Federal Register For the reasons set out in the consider your comment. Electronic informing the public that the direct final preamble, the Corps amends 33 CFR comments should avoid the use of any rule will not take effect. We will address part 334 as follows: special characters, any form of all public comments in a subsequent encryption, and be free of any defects or final rule based on the proposed rule. PART 334—DANGER ZONE AND viruses. We will not institute a second comment RESTRICTED AREA REGULATIONS Docket: For access to the docket to period on this action. Any parties read background documents or ■ 1. The authority citation for 33 CFR interested in commenting must do so at comments received, go to part 334 continues to read as follows: this time. www.regulations.gov. All documents in Authority: 40 Stat. 266 (33 U.S.C. 1) and the docket are listed. Although listed in Procedural Requirements 40 Stat. 892 (33 U.S.C. 3). the index, some information is not a. Review Under Executive Order § 334.1290 [Removed] publicly available, such as CBI or other 12866. This rule is issued with respect information whose disclosure is to a military function of the Defense ■ 2. Remove § 334.1290. restricted by statute. Certain other Department and the provisions of Dated: March 18, 2016. material, such as copyrighted material, Executive Order 12866 do not apply. Edward E. Belk, Jr., is not placed on the Internet and will be b. Review Under the Regulatory Chief, Operations and Regulatory Division, publicly available only in hard copy Flexibility Act. This rule has been Directorate of Civil Works. form. reviewed under the Regulatory [FR Doc. 2016–06860 Filed 3–24–16; 8:45 am] FOR FURTHER INFORMATION CONTACT: Mr. Flexibility Act (Pub. L. 96–354) which BILLING CODE 3720–58–P David Olson, Headquarters, Operations requires the preparation of a regulatory and Regulatory Community of Practice, flexibility analysis for any regulation Washington, DC at 202–761–4922 or Ms. that will have a significant economic ENVIRONMENTAL PROTECTION Linda Speerstra, U.S. Army Corps of impact on a substantial number of small AGENCY Engineers, Alaska District, Regulatory entities (i.e., small businesses and small Division, at 907–747–0658. governments). The Corps has 40 CFR Part 52 SUPPLEMENTARY INFORMATION: By letter determined that the removal of the danger zone area will have no economic [EPA–R07–OAR–2015–0394; FRL–9944–19– dated December 18, 2015, the Chief, Region 7] Pacific Air Forces Weather Operations impact on the public because the area Branch, Joint Base Pearl Harbor-Hickam, has not been used to launch weather Approval of Air Quality State Hawaii requested the disestablishment rockets since the mid-1980s. The Implementation Plans (SIP); State of of the danger zone at Meteorological removal of the danger zone will Iowa; Infrastructure SIP Requirements Rocket Launching Facility on Shemya decrease economic impacts on small for the 2008 Lead National Ambient Air Island, Alaska. This request was made entities because they will no longer Quality Standard (NAAQS); Correction because the facility has not been used have to comply with that regulation. since the mid-1980s. In response to this The proposal will have no significant AGENCY: Environmental Protection request by the Pacific Air Forces economic impact on small entities. Agency (EPA). Weather Operations Branch, and c. Review Under the National ACTION: Direct final rule; technical pursuant to its authorities in Section 7 Environmental Policy Act. The Corps amendment. of the Rivers and Harbors Act of 1917 expects that the final rule will not have a significant impact to the quality of the SUMMARY: The Environmental Protection (40 Stat 266; 33 U.S.C. 1) and Chapter Agency (EPA) inadvertently approved XIX of the Army Appropriations Act of human environment and, therefore, preparation of an environmental impact and codified incorrect entry numbers in 1919 (40 Stat 892; 33 U.S.C. 3), the the part 52 instructions for the final rule Corps is amending the regulation at 33 statement will not be required. An environmental assessment has been action published on November 2, 2015. CFR part 334 by disestablishing the This technical amendment amends the danger zone in the waters of the Bering prepared and it may be reviewed at the District office listed at the end of the part 52 codification instructions. Sea, Meteorological Rocket Launching FOR FURTHER INFORMATION CONTACT, DATES: This action is effective March 25, Facility on Shemya Island Area, Alaska. The Corps is publishing this rule above. If we receive adverse comment, 2016. without prior proposal because we view an environmental assessment will be FOR FURTHER INFORMATION CONTACT: Jan this as a non-controversial amendment prepared for the subsequent decision on Simpson at (913) 551–7089, or by email and anticipate no adverse comment. The the final rule. at simpson.jan@epa.gov. Corps regulations governing restricted d. Unfunded Mandates Act. The final SUPPLEMENTARY INFORMATION: On areas state that notice of proposed rule does not impose an enforceable November 2, 2015 (80 FR 67335), EPA rulemaking and public procedures are duty among the private sector and, published a final rule approving a SIP jstallworth on DSK7TPTVN1PROD with RULES not needed before publishing a final therefore, are not a Federal private revision for Iowa that approved Iowa’s rule revoking a danger zone area (see 33 sector mandate and are not subject to November 4, 2011, submission CFR 334.5(b)). the requirements of Section 202 or 205 addressing the requirements of the CAA In the ‘‘Proposed Rules’’ section of of the Unfunded Mandates Reform Act sections 110(a)(1) and (2) as applicable today’s Federal Register, we are (Pub. L. 104–4, 109 Stat. 48, 2 U.S.C. to the 2008 Lead NAAQS. Specifically, publishing a separate document that 1501 et seq.). We have also found under EPA approved the following will serve as the proposal to disestablish Section 203 of the Act, that small infrastructure elements: 110(a)(2)(A), VerDate Sep<11>2014 12:26 Mar 24, 2016 Jkt 238001 PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 E:\FR\FM\25MRR1.SGM 25MRR1


Document Created: 2018-02-02 15:17:40
Document Modified: 2018-02-02 15:17:40
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThis rule is effective May 24, 2016 without further notice, unless the Corps receives adverse comment by April 25, 2016. If we receive such adverse comment, we will publish a timely withdrawal in the Federal Register informing the public that this rule will not take effect.
ContactMr. David Olson, Headquarters, Operations and Regulatory Community of Practice, Washington, DC at 202- 761-4922 or Ms. Linda Speerstra, U.S. Army Corps of Engineers, Alaska District, Regulatory Division, at 907-747-0658.
FR Citation81 FR 16093 
CFR AssociatedDanger Zones; Navigation (water); Restricted Areas and Waterways
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