83 FR 64053 - Pacific Ocean at Naval Base Guam Telecommunication Site, Finegayan Small Arms Range, on the Northwestern Coast of Guam; Danger Zone
DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers Federal Register Volume 83, Issue 239 (December 13, 2018)
Department of the Army, Corps of Engineers
Federal Register Volume 83, Issue 239 (December 13, 2018)
| Page Range | 64053-64055 | |
| FR Document | 2018-27028 |
[Federal Register Volume 83, Number 239 (Thursday, December 13, 2018)] [Proposed Rules] [Pages 64053-64055] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-27028] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE Department of the Army, Corps of Engineers 33 CFR Part 334 [COE-2018-0005] Pacific Ocean at Naval Base Guam Telecommunication Site, Finegayan Small Arms Range, on the Northwestern Coast of Guam; Danger Zone AGENCY: U.S. Army Corps of Engineers, DoD. ACTION: Notice of proposed rulemaking and request for comments. ----------------------------------------------------------------------- SUMMARY: The U.S. Army Corps of Engineers (Corps) is proposing to revise the existing regulations to establish a danger zone at the U.S. Naval Base Guam Telecommunication Site in the Pacific Ocean, Guam. The Navy requested establishment of a danger zone extending over the Pacific Ocean adjacent to the Finegayan Small Arms Range. Establishment of a 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 January 14, 2019. [[Page 64054]] ADDRESSES: You may submit comments, identified by docket number COE- 2018-0005, 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-2018-0005, 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-2018-0005. 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 compact disc you may 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. Karen Urelius, U.S. Army Corps of Engineers, Honolulu District, Regulatory Branch at 671-339-2108. 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 revise 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. Naval Base Guam to restrict passage of persons, watercraft, and vessels in the waters within the danger zone during use of the Finegayan Small Arms Range. The establishment of a 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 at the Finegayan Small Arms Range. 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 west. The proposed establishment of this danger zone was considered in the Final Mariana Islands Training and Testing/Overseas Environmental Impact Statement prepared by the Navy. This location is an existing range 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 safety zone completely on land. Military and Government of Guam law enforcement agencies are required to qualify with their assigned weapon prior to executing their duties. Additionally, other military forces (ships, submarines, expeditionary forces and other combat forces) are required to qualify and maintain their qualifications on the weapons needed to further the execution of their assigned mission. These ranges are not only used by 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. Currently there are two other ranges on Naval Base Guam that are being used to support weapons qualifications. However, due to the number of units required to maintain weapon qualifications, the two ranges are insufficient. Both ranges are fully booked with commands having to be placed on a waiting list for range availability. 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 allow 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 range is not in use, the danger zone will be open to normal maritime traffic and to all activities, include anchoring and loitering. The proposed 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. 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 danger zone is necessary to protect public safety during use of the small arms range. 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 [[Page 64055]] 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. 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. 334.1415 to read as follows: Sec. 334.1415 Pacific Ocean, adjacent to the Finegayan Small Arms Range at Naval Base Guam Telecommunication Site, on the northwestern coast of Guam; danger zone. (a) The area. Coordinates are bounded by the following four points: Point A (13[deg]34'57'' N; 144[deg]49'53'' E) following the high tide line to Point B (13[deg]35'49'' N; 144[deg]47'59'' E), Point C (13[deg]34'57'' N; 144[deg]47'45'' E), and Point D (13[deg]34'48'' N; 144[deg]49'50'' E). The datum for these coordinates is NAD-83. (b) The regulation. (1) Vessels or persons shall expeditiously transit through the danger zone when the small arms range is in use. Vessels shall not be permitted to anchor or loiter within the danger zone while the range is in use. Range activities shall be halted until all vessels are cleared from the danger zone. When the range is not in use, the danger zone shall be open to normal maritime traffic and all activities to include anchoring and loitering. (2) When the range is in use, the person(s) or officer(s) in charge shall display a red flag from a conspicuous and easily-seen location along the nearby shore to signify that the range is in use and will post lookouts to ensure the safety of all vessels transiting through the area. If the range is in use at night, a strobe light shall be displayed from the same conspicuous and easily-seen location in lieu of flags. The range shall not be used when visibility is equal to or less than the maximum range of the weapons being used at the facility. (c) Enforcement. The restrictions on public access in this section shall be enforced by the Commander, Joint Region Marianas, and such agencies as the Commander may designate in writing. Dated: December 6, 2018. Thomas P. Smith, Chief, Operations and Regulatory Division, Directorate of Civil Works. [FR Doc. 2018-27028 Filed 12-12-18; 8:45 am] BILLING CODE 3720-58-P
![Federal Register / Vol. 83, No. 239 / Thursday, December 13, 2018 / Proposed Rules 64053
State line and an unnamed road, known to its intersection with State Highway 9; SUMMARY: The National Labor Relations
locally as Bonnette Avenue, in then Board (the Board) published a Notice of
Thompson; then (17) Proceed southeast along State Proposed Rulemaking in the Federal
(2) Proceed southeast along Bonnette Highway 9 approximately 3.7 miles to Register of September 14, 2018, seeking
Avenue approximately 0.38 mile to its its intersection with State Highway 80; comments from the public concerning
intersection with an unnamed road then the standard for determining joint-
known locally as Sand Dam Road; then (18) Proceed west along State employer status under the National
(3) Proceed southeast along Sand Dam Highway 80 approximately 15.7 miles to Labor Relations Act. The date to submit
Road approximately 1.5 miles to its its intersection with State Highway 77; responses to the Notice of Proposed
intersection with an unnamed road then Rulemaking is again extended for 30
known locally as Thompson Road; then (19) Proceed north along State days.
(4) Proceed south along Thompson Highway 77 approximately 8.3 miles to
DATES: The comment period for the
Road approximately 1,000 feet to its its intersection with State Highway 17;
notice of proposed rulemaking
intersection with an unnamed road then published at 83 FR 46681, and first
known locally as Quaddick Town Farm (20) Proceed northeast along State
extended at 83 FR 55329, is extended.
Road; then Highway 17 approximately 6.8 miles to
Comments must be received by the
(5) Proceed east then south along the point where it becomes concurrent
Board on or before January 14, 2019.
Quaddick Town Farm Road with State Highway 9; then
(21) Proceed north along concurrent Comments replying to the comments
approximately 5.5 miles into the town submitted during the initial comment
of Putnam, where the road becomes State Highway 17–State Highway 9
period must be received by the Board on
known as East Putnam Road, and approximately 0.75 mile the point
or before January 21, 2019.
continuing south along East Putnam where State Highway 17 departs from
Road approximately 1 mile to its State Highway 9; then Dated: December 10, 2018.
intersection with U.S. Highway 44; then (22) Proceed east along State Highway Farah Z. Qureshi,
(6) Proceed west along U.S. Highway 17 approximately 0.25 mile, crossing Associate Executive Secretary.
44 approximately 1 mile to its over the Connecticut River, to the [FR Doc. 2018–27024 Filed 12–12–18; 8:45 am]
intersection with an unnamed road highway’s intersection with State BILLING CODE P
known locally as Tucker Hill Road; then Highway 17A; then
(7) Proceed south along Tucker Hill (23) Proceed north along State
Road approximately 0.38 mile to its Highway 17A approximately 3 miles to DEPARTMENT OF DEFENSE
intersection with an unnamed road its intersection with State Highway 17;
known locally as Five Mile River Road; then Department of the Army, Corps of
then (24) Proceed north along State Engineers
(8) Proceed southwest then west along Highway 17 approximately 8 miles to its
Five Mile River Road 1.75 miles to its intersection with State Highway 94; 33 CFR Part 334
intersection with State Highway 21; then
(25) Proceed east along State Highway [COE–2018–0005]
then
(9) Proceed south along State 94 approximately 4 miles to its
Pacific Ocean at Naval Base Guam
Highway 21 approximately 2 miles to its intersection with State Highway 83;
Telecommunication Site, Finegayan
intersection with State Highway 12; then
(26) Proceed north along State Small Arms Range, on the
then Northwestern Coast of Guam; Danger
(10) Proceed south along State Highway 83 approximately 25 miles,
returning to the beginning point. Zone
Highway 12 approximately 1 mile to its
intersection with Five Mile River; then Signed: June 25, 2018. AGENCY: U.S. Army Corps of Engineers,
(11) Proceed west along Five Mile John J. Manfreda, DoD.
River approximately 0.13 mile to its Administrator. ACTION:Notice of proposed rulemaking
intersection with the highway marked Approved: December 4, 2018. and request for comments.
on the map State Highway 52 (also Timothy E. Skud,
known as Interstate 395); then SUMMARY: The U.S. Army Corps of
Deputy Assistant Secretary (Tax, Trade, and Engineers (Corps) is proposing to revise
(12) Proceed south along State Tariff Policy).
Highway 52/Interstate 395 the existing regulations to establish a
[FR Doc. 2018–27016 Filed 12–12–18; 8:45 am] danger zone at the U.S. Naval Base
approximately 14.5 miles to its
intersection with State Highway 201; BILLING CODE 4810–31–P Guam Telecommunication Site in the
then Pacific Ocean, Guam. The Navy
(13) Proceed southeast along State requested establishment of a danger
Highway 201 approximately 5.25 miles NATIONAL LABOR RELATIONS zone extending over the Pacific Ocean
to its intersection with State Highway BOARD adjacent to the Finegayan Small Arms
165; then Range. Establishment of a danger zone
29 CFR Chapter I would intermittently restrict
(14) Proceed southwest along State
Highway 165 approximately 10 miles to RIN 3142–AA13 commercial, public, and private vessels
its intersection with State Highway 2; from entering or lingering in the
amozie on DSK3GDR082PROD with PROPOSALS1
then The Standard for Determining Joint- restricted safety zone to ensure public
(15) Proceed west along State Employer Status; Extension of safety during small arms training
Highway 2 approximately 1 mile to its Comment Period activities. This danger zone is necessary
intersection with State Highway 82; to minimize potential conflicts between
AGENCY: National Labor Relations
then local populace activities and ongoing
Board.
(16) Proceed southwest, then military training in the subject area.
ACTION:Proposed rule; second extension
northwest, then southwest along State DATES: Written comments must be
of comment period.
Highway 82 approximately 27.72 miles submitted on or before January 14, 2019.
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![Federal Register / Vol. 83, No. 239 / Thursday, December 13, 2018 / Proposed Rules 64055
regulation on small entities, I certify the danger zone while the range is in follow the online instructions for
that this action will not have a use. Range activities shall be halted submitting comments. Once submitted,
significant impact on a substantial until all vessels are cleared from the comments cannot be edited or removed
number of small entities. danger zone. When the range is not in from Regulations.gov. For either manner
c. Review Under the National use, the danger zone shall be open to of submission, EPA may publish any
Environmental Policy Act. Due to the normal maritime traffic and all activities comment received to its public docket.
administrative nature of this action and to include anchoring and loitering. Do not submit electronically any
because there is no intended change in (2) When the range is in use, the information you consider to be
the use of the area, the Corps expects person(s) or officer(s) in charge shall Confidential Business Information (CBI)
that this regulation, if adopted, will not display a red flag from a conspicuous or other information whose disclosure is
have a significant impact on the quality and easily-seen location along the restricted by statute. Multimedia
of the human environment and, nearby shore to signify that the range is submissions (audio, video, etc.) must be
therefore, preparation of an in use and will post lookouts to ensure accompanied by a written comment.
environmental impact statement will the safety of all vessels transiting The written comment is considered the
not be required. An environmental through the area. If the range is in use official comment and should include
assessment will be prepared after the at night, a strobe light shall be displayed discussion of all points you wish to
public notice period is closed and all from the same conspicuous and easily- make. EPA will generally not consider
comments have been received and seen location in lieu of flags. The range comments or comment contents located
considered. shall not be used when visibility is outside of the primary submission (i.e.
d. Unfunded Mandates Act. This equal to or less than the maximum range on the web, cloud, or other file sharing
proposed rule does not contain a of the weapons being used at the system). For additional submission
Federal mandate that may result in facility. methods, please contact the person
expenditures of $100 million or more (c) Enforcement. The restrictions on identified in the FOR FURTHER
for State, local, and Tribal governments, public access in this section shall be INFORMATION CONTACT section. For the
in the aggregate, or the private sector in enforced by the Commander, Joint full EPA public comment policy,
any one year. Therefore, this proposed Region Marianas, and such agencies as information about CBI or multimedia
rule is not subject to the requirements the Commander may designate in submissions, and general guidance on
of Sections 202 and 205 of the writing. making effective comments, please visit
Unfunded Mandates Reform Act Dated: December 6, 2018. https://www2.epa.gov/dockets/
(UMRA). The proposed rule contains no commenting-epa-dockets.
Thomas P. Smith,
regulatory requirements that might FOR FURTHER INFORMATION CONTACT:
Chief, Operations and Regulatory Division,
significantly or uniquely affect small Constantine Blathras, Environmental
Directorate of Civil Works.
governments. Therefore, the proposed Engineer, Air Permits Section, Air
[FR Doc. 2018–27028 Filed 12–12–18; 8:45 am]
rule is not subject to the requirements Programs Branch (AR–18J),
BILLING CODE 3720–58–P
of Section 203 of UMRA. Environmental Protection Agency,
List of Subjects in 33 CFR Part 334 Region 5, 77 West Jackson Boulevard,
ENVIRONMENTAL PROTECTION Chicago, Illinois 60604, (312) 886–0671,
Danger zones, Navigation (water),
AGENCY Blathras.constantine@epa.gov.
Restricted areas, Waterways.
SUPPLEMENTARY INFORMATION:
For the reasons set forth in the
summary above, the Corps proposes to 40 CFR Part 52 Throughout this document whenever
amend 33 CFR part 334 as follows: ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
[EPA–R05–OAR–2007–1092; FRL–9987–74–
Region 5] EPA. This supplementary information
PART 334—DANGER ZONE AND section is arranged as follows:
RESTRICTED AREA REGULATIONS Air Plan Approval; Michigan; Michigan I. Background
Minor New Source Review
■ 1. The authority citation for part 334 Section 110(a)(2)(C) of the Clean Air
continues to read as follows: AGENCY: Environmental Protection Act requires that the SIP include a
Agency (EPA). program to provide for the ‘‘regulation
Authority: 40 Stat. 266 (33 U.S.C. 1) and
40 Stat. 892 (33 U.S.C. 3). ACTION: Proposed rule. of the modification and construction of
any stationary source within the areas
■ 2. Add § 334.1415 to read as follows: SUMMARY: The Environmental Protection covered by the plan as necessary to
Agency (EPA) is proposing to approve assure that national ambient air quality
§ 334.1415 Pacific Ocean, adjacent to the
Finegayan Small Arms Range at Naval Base
the rescission of Michigan rule 221 from standards are achieved.’’ This includes
Guam Telecommunication Site, on the the Michigan state implementation plan a program for permitting construction
northwestern coast of Guam; danger zone. (SIP). Rule 221 exempted sources that and modification of both major and
(a) The area. Coordinates are bounded had significant net emission increases of minor sources that the State deems
by the following four points: Point A sulfur dioxide, particulate matter, and necessary to protect air quality. The
(13°34′57″ N; 144°49′53″ E) following carbon monoxide from offset State of Michigan’s minor source permit
the high tide line to Point B (13°35′49″ requirements. Michigan rescinded this to install rules are contained in Part 2
N; 144°47′59″ E), Point C (13°34′57″ N; rule effective November 14, 1990. (Air Use Approval) of the Michigan
amozie on DSK3GDR082PROD with PROPOSALS1
144°47′45″ E), and Point D (13°34′48″ N; DATES: Comments must be received on Administrative Code. Changes to the
144°49′50″ E). The datum for these or before January 14, 2019. Part 2 rules were submitted on
coordinates is NAD–83. ADDRESSES: Submit your comments, November 12, 1993; May 16, 1996; April
(b) The regulation. (1) Vessels or identified by Docket ID No. EPA–R05– 3, 1998; September 2, 2003; March 24,
persons shall expeditiously transit OAR–2007–1092 at https:// 2009; and February 28, 2017. EPA
through the danger zone when the small www.regulations.gov, or via email to approved changes to the Part 2 rules
arms range is in use. Vessels shall not Damico.genvieve@epa.gov. For most recently in a final approval dated
be permitted to anchor or loiter within comments submitted at Regulations.gov, August 31, 2018 (83 FR 44485).
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Document Created: 2018-12-13 01:16:26
Document Modified: 2018-12-13 01:16:26
| 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 | Proposed Rules | |
| Action | Notice of proposed rulemaking and request for comments. | |
| Dates | Written comments must be submitted on or before January 14, 2019. | |
| Contact | Mr. David Olson, Headquarters, Operations and Regulatory Community of Practice, Washington, DC at 202- 761-4922 or Ms. Karen Urelius, U.S. Army Corps of Engineers, Honolulu District, Regulatory Branch at 671-339-2108. | |
| FR Citation | 83 FR 64053 | |
| CFR Associated | Danger Zones; Navigation (Water); Restricted Areas and Waterways |
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