[Federal Register Volume 78, Number 241 (Monday, December 16, 2013)]
[Rules and Regulations]
[Pages 76060-76061]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-29878]
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DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers
33 CFR Part 334
Pacific Ocean off the Pacific Missile Range Facility at Barking
Sands, Island of Kauai, Hawaii; Danger Zone.
AGENCY: U.S. Army Corps of Engineers, DoD.
ACTION: Final rule.
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SUMMARY: The Corps of Engineers is amending its regulations for the
danger zone in waters of the Pacific Ocean off the Pacific Missile
Range Facility at Barking Sands, Island of Kauai, Hawaii. The U.S. Navy
conducts weapon systems testing and other military testing and training
activities at the Pacific Missile Range Facility. The amendment expands
the boundaries of the existing danger zone to include an area necessary
to protect the public from potential hazards associated with weapon
systems testing, other military testing and training activities, and
increased threat conditions. Similar to the original danger zone, the
expanded danger zone prohibits any activity by the public within the
danger zone during range operations, weapon systems testing, other
military testing and training activities, increases in force protection
and other mission-essential evolutions without first obtaining
permission from the Commanding Officer, Pacific Missile Range Facility
to ensure public safety and/or installation good order. The expanded
danger zone extends along approximately seven miles of shoreline
adjacent to the Pacific Missile Range Facility, with its seaward extent
ranging between 2.96 and 4.16 nautical miles offshore. Only the
portions of the danger zone necessary to safely conduct range
operations will be activated.
DATES: Effective date: January 15, 2014.
FOR FURTHER INFORMATION CONTACT: Mr. David Olson, Headquarters,
Operations and Regulatory Community of Practice, Washington, DC at 202-
761-4922, or Ms. Susan Meyer, Corps of Engineers, Honolulu District,
Regulatory Branch at 808-835-4599 or by email at
[email protected].
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 of
Engineers is amending the regulations at 33 CFR 334.1390 by expanding
the boundaries of the existing permanent danger zone in the waters of
the Pacific Ocean off the Pacific Missile Range Facility at Barking
Sands, Island of Kauai, Hawaii.
The proposed rule was published in the July 1, 2013 issue of the
Federal Register (78 FR 39198; docket number COE-2013-0007). Comments
and statements were received from nine commenters in response to the
Federal Register notice and the Corps of Engineers local Public Notice.
The majority of the commenters opposed the expansion of the existing
danger zone based on concerns that public access to the beach fronting
the Pacific Missile Range Facility and the off-shore waters used by
waterborne recreationalists, such as surfers, boaters, and fishermen,
would be further restricted as a result of the amended danger zone.
The expansion of the danger zone boundaries will not increase the
frequency with which the danger zone is activated for public safety and
military security during range operations, weapon systems testing,
other military testing and training activities, increases in force
protection, and other mission-essential evolutions. Residents and
visitors who typically use these waters off Pacific Missile Range
Facility should not see any change in practice; the danger zone will
continue to be activated only in limited circumstances and on a
temporary basis. The intent of the danger zone is to ensure public
access is controlled during the infrequent times of increased force
protection, range operations, weapon systems training, and other
military testing and training activities to minimize the potential for
injury to individuals and property.
In addition, the State of Hawaii, Coastal Zone Management Program
commented that the proposed federal action to amend the danger zone is
subject to federal consistency review under the Coastal Zone Management
Act of 1972 and therefore, requires the U.S. Navy to obtain concurrence
from the state that the federal activity is consistent with the
policies of the Hawaii Coastal Zone Management Program.
The U.S. Navy prepared a federal consistency determination for the
proposed federal action and coordinated the document with the State of
Hawaii Coastal Zone Management Program. In a letter dated September 13,
2013, the Hawaii Coastal Zone Management Program office concurred with
the U.S. Navy's consistency determination, indicating the proposed
activity is consistent to the maximum extent practicable with the
enforceable policies of the Hawaii Coastal Zone Management Program.
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 final 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 determined
[[Page 76061]]
that the amendment of this danger zone has practically no economic
impact on the public, no anticipated navigational hazard, or
interference with existing waterway traffic. This final rule will have
no significant economic impact on 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 determined this
amendment to the 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 (EA) was prepared after the public notice period closed and
all comments received from the public were considered. The
environmental assessment may be viewed at the District office listed at
the end of the FOR FURTHER INFORMATION CONTACT section, above.
d. Unfunded Mandates Act
This final rule does not impose an enforceable duty among the
private sector and, therefore, it is not a Federal private sector
mandate and it is not subject to the requirements of either Section 202
or Section 205 of the Unfunded Mandates Act. The Corps has 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 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).
0
2. Revise Sec. 334.1390 to read as follows:
Sec. 334.1390 Pacific Ocean off the Pacific Missile Range Facility at
Barking Sands, Island of Kauai, Hawaii; danger zone.
(a) The danger zone. All navigable waters within an area beginning
at a point on the shore at latitude 22[deg]04'13.65'' N, longitude
159[deg]46'30.76'' W; and continue south along the shoreline to
latitude 21[deg]58'42.77'' N, and longitude 159[deg]45'26.35'' W.
Thence extending southwest to latitude 21[deg]56'6.00'' N, and
longitude 159[deg]46'55.91'' W extending northwest to latitude
21[deg]58'59.81'' N and longitude 159[deg]50'51.42'' W, continuing
north to latitude 22[deg]02'28.09'' N, and longitude 159[deg]51'28.15''
W, and continuing northeast to latitude 22[deg]06' 30.71'' N, longitude
159[deg]49'20.43'' W; and thence to point of beginning. All coordinates
reference 1983 North American Datum (NAD 83).
(b) The regulations. (1) Dredging, dragging, seining, and other
similar operations within the danger zone are prohibited.
(2) All persons, boats, vessels, or other craft are prohibited from
entering, transiting, or remaining within the danger zone during range
operations, test and training activities, or increases in force
protection that pose a hazard to the general public, as determined by
the enforcing agency. The enforcing agency's determination of the
necessity of closing the danger zone due to increases in force
protection will be based on the Department of Defense Force Protection
Condition (FPCON) System. From the lowest security level to the
highest, FPCON levels are titled Normal, Alpha, Bravo, Charlie and
Delta.
(3) Closure of the danger zone will be indicated by Notice to
Mariners, the presence of Pacific Missile Range Facility range boats,
beach markings including beach signs along the north and south beach
borders alerting shoreline foot traffic, security patrols, and radio
transmissions on common ocean frequencies to include Marine band
channel 6 (156.300 Mhz), Marine band channel 16 (156.800 Mhz), and CB
channel 22. The enforcing agency will post the danger zone closure
schedule on its official Navy Web site, http://www.cnic.navy.mil/PMRF/,
and Facebook page, http://www.facebook.com/PacificMissileRangeFacility.
The danger zone closure schedule may also be obtained by calling the
following phone numbers: 808-335-4301, 808-335-4388, and 808-335-4523.
(4) Consistent with paragraph (b)(2) of this section, the enforcing
agency is authorized to prohibit access into the danger zone by anyone,
and all willful violations of the enforcing agency's prohibitions are
punishable under 33 U.S.C. 3.
(c) The enforcing agency. The regulations in this section shall be
enforced by the Commanding Officer, Pacific Missile Range Facility,
Hawaii and such agencies or persons as he or she may designate.
Dated: December 11, 2013.
James R. Hannon,
Chief, Operations and Regulatory Directorate of Civil Works.
[FR Doc. 2013-29878 Filed 12-13-13; 8:45 am]
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