Marine Corps Base Hawaii, Kaneohe Bay, Island of Oahu, HI, 50303-50305 [E7-17155]
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yshivers on PROD1PC62 with PROPOSALS
Federal Register / Vol. 72, No. 169 / Friday, August 31, 2007 / Proposed Rules
facilitate the development of a clear,
accurate, and complete record.
Accordingly, application of these rules
and guidelines will be such that
questions of relevance, procedure, and
participation generally will favor
development of the record.
Conduct of the hearing will conform
to the provisions of 29 CFR part 1911,
‘‘Rules of Procedure for Promulgating,
Modifying, or Revoking Occupational
Safety and Health Standards.’’ The
regulation at 29 CFR 1911.4,
‘‘Additional or Alternative Procedural
Requirements,’’ specifies that the
Assistant Secretary may, on reasonable
notice, issue alternative procedures to
expedite proceedings or for other good
cause. Although the ALJs who preside
over these hearings make no decision or
recommendation on the merits of
OSHA’s proposal, they do have the
responsibility and authority to ensure
that the hearing progresses at a
reasonable pace and in an orderly
manner.
To ensure that interested parties
receive a full and fair informal hearing
as specified by 29 CFR part 1911, the
ALJ has the authority and power to:
Regulate the course of the proceedings;
dispose of procedural requests,
objections, and comparable matters;
confine the presentations to matters
pertinent to the issues raised; use
appropriate means to regulate the
conduct of the parties who are present
at the hearing; question witnesses, and
permit others to question witnesses; and
limit the time for such questioning. At
the close of the hearing, the ALJ will
establish a post-hearing comment period
for parties who participated in the
hearing. During the first part of this
period, the participants may submit
additional data and information to
OSHA; during the second part of this
period, they may submit briefs,
arguments, and summations.
Notice of Intention to Appear to
Provide Testimony at the Informal
Public Hearing. Interested parties who
intend to provide oral testimony at the
informal public hearings must file a
written notice of intention to appear by
October 1, 2007. In addition to
containing the information required by
the ADDRESSES section above, this notice
must also provide the: name, address,
and telephone number of each
individual who will provide testimony;
capacity (for example, the name of the
establishment or organization the
individual is representing and the
individual’s occupational title and
position) in which each individual will
testify; approximate amount of time
required for each individual’s
testimony; a brief statement of the
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position that the individual will take
with respect to the issue identified in
this Notice; and a brief summary of any
documentary evidence the individual
intends to present.
OSHA emphasizes that the hearings
are open to the public, and that
interested parties are welcome to attend.
However, only a party who files a
complete notice of intention to appear
may ask questions and participate fully
at the hearing. If time permits and at the
presiding ALJ’s discretion, a party who
did not file a notice of intention to
appear may be allowed to testify at the
hearing.
Hearing Testimony and Documentary
Evidence. Parties who request more than
10 minutes for their presentations at the
informal public hearing and parties who
will submit documentary evidence at
the hearing must submit the full text of
their testimony and all documentary
evidence no later than November 1,
2007. The Agency will review each
submission and determine if the
information it contains warrants the
amount of time requested. If OSHA
believes the requested time is excessive,
it will allocate an appropriate amount of
time to the presentation, and will notify
the participant of this action, and the
reasons for the action, before the
hearing. The Agency may limit to 10
minutes the presentation of any
participant who fails to comply
substantially with these procedural
requirements; in such instances, OSHA
may request the participant to return for
questioning at a later time.
Certification of the Record and Final
Determination after the Informal Public
Hearing. Following the close of the
hearing and post-hearing comment
period, the presiding ALJ will certify the
record to the Assistant Secretary of
Labor for Occupational Safety and
Health; the record will consist of all of
the written comments, oral testimony,
and documentary evidence received
during the proceeding. However, the
ALJ does not make or recommend any
decisions as to the content of the final
standard. Following certification of the
record, OSHA will review the proposed
provisions in light of all the evidence
received as part of the record, and then
will issue the final rule based on the
entire record.
Authority and Signature
This document was prepared under
the direction of Edwin G. Foulke, Jr.,
Assistant Secretary of Labor for
Occupational Safety and Health, 200
Constitution Avenue, NW., Washington,
DC 20210. This action is taken pursuant
to sections 4, 6, and 8 of the
Occupational Safety and Health Act of
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1970 (29 U.S.C. 653, 655, 657), Secretary
of Labor’s Order No. 5–2007 (72 FR
31160), and 29 CFR part 1911.
Signed at Washington, DC, this 27th day of
August 2007.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor for Occupational
Safety and Health.
[FR Doc. E7–17183 Filed 8–30–07; 8:45 am]
BILLING CODE 4510–26–P
DEPARTMENT OF DEFENSE
Department of the Army, Corps of
Engineers
33 CFR Part 334
Marine Corps Base Hawaii, Kaneohe
Bay, Island of Oahu, HI
AGENCY:
U.S. Army Corps of Engineers,
DoD.
Notice of proposed rulemaking
and request for comments.
ACTION:
SUMMARY: The U.S. Army Corps of
Engineers is proposing to amend the
regulations at 33 CFR 334.1380 for the
existing danger zone in the vicinity of
Kaneohe Bay, Hawaii. The proposed
amendment will reflect the current
operational and safety procedures at the
Ulupau Crater Weapons Training Range
and highlight a change in the hours that
weapons firing may occur. These
regulations are necessary to protect the
public from potentially hazardous
conditions which may exist as a result
from use of the areas by the United
States Marine Corps.
DATES: Written comments must be
submitted on or before October 1, 2007.
ADDRESSES: You may submit comments,
identified by docket number COE–
2007–0027, by any of the following
methods:
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
E-mail:
david.b.olson@usace.army.mil. Include
the docket number, COE–2007–0027, 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–2007–0027. All
comments received will be included in
the public docket without change and
may be made available on-line at
E:\FR\FM\31AUP1.SGM
31AUP1
yshivers on PROD1PC62 with PROPOSALS
50304
Federal Register / Vol. 72, No. 169 / Friday, August 31, 2007 / Proposed Rules
https://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 e-mail directly to the Corps
without going through
www.regulations.gov, your e-mail
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
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 https://
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.
Consideration will be given to all
comments received within 30 days of
the date of publication of this notice.
FOR FURTHER INFORMATION CONTACT: Mr.
David B. Olson, Headquarters,
Operations and Regulatory Community
of Practice, Washington, D.C. at 202–
761–4922, or Ms. Susan A. Meyer, Corps
of Engineers, Honolulu District,
Regulatory Branch, at 808–438–2137.
SUPPLEMENTARY INFORMATION: 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
proposes to amend the danger zone
regulations at 33 CFR 334.1380 to reflect
current operational and safety
procedures at the Ulupau Crater
VerDate Aug<31>2005
15:10 Aug 30, 2007
Jkt 211001
Weapons Training Range, Marine Corps
Base Hawaii (MCBH), Kaneohe Bay,
Island of Oahu, Hawaii and highlight a
change in the hours that weapons firing
may occur. The proposed amendment
will also provide more detailed times,
dates, and extents of restrictions.
Procedural Requirements
a. Review under Executive Order 12866
This proposed 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
These proposed rules have been
reviewed under the Regulatory
Flexibility Act (Public Law 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).
Unless information is obtained to the
contrary during the public notice
comment period, the Corps expects that
the economic impact of the amendment
to this danger zone would have
practically no impact on the public, no
anticipated navigational hazard, or no
interference with existing waterway
traffic. This proposed rule, if adopted,
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 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. 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 proposed 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. We have also
found under Section 203 of the Act that
small governments will not be
significantly and uniquely affected by
this rulemaking.
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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 proposes to amend
33 CFR part 334, as follows:
PART 334—DANGER ZONE AND
RESTRICTED AREA REGULATIONS
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).
2. Revise § 334.1380 to read as
follows:
§ 334.1380 Marine Corps Base Hawaii
(MCBH), Kaneohe Bay, Island of Oahu,
Hawaii—Ulupau Crater Weapons Training
Range; danger zone.
(a) The danger zone. The waters
within a sector extending seaward a
distance of 3.8 nautical miles between
radial lines bearing 001° true and 129°
true, respectively, from a point on
Mokapu Peninsula at latitude 21° 27′
10″ N, longitude 157° 43′ 45″ W,
exclusive of the existing 500-yard wide
prohibited area. The interface between
the existing 500-yard prohibited area
and this danger zone is defined by five
points having the following coordinates:
Point A: Latitude 21° 29′ 53″ N,
Longitude 157° 43′ 37″ W
Point B: Latitude 21° 30′ 39″ N,
Longitude 157° 42′ 30″ W
Point C: Latitude 21° 28′ 34″ N,
Longitude 157° 40′ 04″ W
Point D: Latitude 21° 28′ 10″ N,
Longitude 157° 41′ 05″ W
Point E: Latitude 21° 35′ 31″ N,
Longitude 157° 41′ 23″ W
(b) The regulations. (1) Weapons
firing at the Ulupau Crater Weapons
Training Range may occur at any time
between 6 a.m. and 11 p.m., Monday
through Sunday. Specific dates and
hours for weapons firing, along with
information regarding onshore warning
signals, will be promulgated by the U.S.
Coast Guard’s Local Notice to Mariners.
Information on weapons firing
schedules may also be obtained by
calling the MCBH Range Manager, AC/
S G–3 (telephone number 808–257–
8816/17).
(2) Whenever live firing is in progress
during daylight hours, two large red
triangular warning pennants will be
flown at each of two highly visible and
widely separated locations on the shore
at Ulupau Crater.
(3) Whenever any weapons firing is
scheduled and in progress during
periods of darkness, flashing red
warning beacons will be displayed on
the shore at Ulupau Crater.
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Federal Register / Vol. 72, No. 169 / Friday, August 31, 2007 / Proposed Rules
(4) Boaters will have complete access
to the danger zone whenever there is no
weapons firing scheduled, which will
be indicated by the absence of any
warning flags, pennants, or beacons
displayed ashore.
(5) The danger zone is not considered
safe for boaters whenever weapons
firing is in progress. Boaters shall
expeditiously vacate the danger zone at
best speed and by the most direct route
whenever weapons firing is scheduled.
Passage of vessels through the danger
zone when weapons firing is in progress
will be permitted, but boaters shall
proceed directly through the area at best
speed. Weapons firing will be
suspended as long as there is a vessel in
the danger zone. Whenever a boater
disregards the publicized warning
signals that hazardous weapons firing is
scheduled, the boater will be personally
requested to expeditiously vacate the
danger zone by MCBH Kaneohe Bay
military personnel utilizing a bull-horn
from a Marine helicopter, hailing the
vessel via VHF channel 16 or U.S. Navy
surface craft.
(6) Observation posts will be manned
whenever any weapons firing is
scheduled and in progress. Visibility
will be sufficient to maintain visual
surveillance of the entire danger zone
and for an additional distance of 5 miles
in all directions whenever weapons
firing is in progress.
(c) The Enforcing Agency. The
foregoing regulations shall be enforced
by the Commanding General, MCBH
Kaneohe Bay and such agencies as he/
she may designate.
Dated: August 23, 2007.
Mark F. Sudol,
Acting Chief, Operations, Directorate of Civil
Works.
[FR Doc. E7–17155 Filed 8–30–07; 8:45 am]
BILLING CODE 3710–92–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2007–0399; FRL–8462–3]
yshivers on PROD1PC62 with PROPOSALS
Approval and Promulgation of Air
Quality Implementation Plans;
Connecticut; State Implementation
Plan Revision To Implement the Clean
Air Interstate Rule
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to approve
a revision to the Connecticut State
Implementation Plan (SIP) submitted on
SUMMARY:
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15:10 Aug 30, 2007
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April 26, 2007. This revision addresses
the requirements of EPA’s Clean Air
Interstate Rule (CAIR), promulgated on
May 12, 2005 and subsequently revised
on April 28, 2006 and December 13,
2006. EPA is proposing to determine
that the SIP revision fully implements
the CAIR requirements for Connecticut.
Therefore, as a consequence of the SIP
approval, EPA will also withdraw the
CAIR Federal Implementation Plan
(CAIR FIP) concerning NOX ozoneseason emissions for Connecticut. The
CAIR FIPs for all States in the CAIR
region were promulgated on April 28,
2006 and subsequently revised on
December 13, 2006.
DATES: Comments must be received on
or before October 1, 2007.
ADDRESSES: Submit your comments,
identified by FDMS Docket ID No. EPA–
R01–OAR–2007–0399, by one of the
following methods:
1. https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
2. E-mail: arnold.anne@epa.gov.
3. Fax: (617) 918–0047.
4. Mail: ‘‘FDMS Docket ID No. EPA–
R01–OAR–2007–0399’’, Anne Arnold,
U.S. Environmental Protection Agency,
EPA New England Regional Office, One
Congress Street, Suite 1100 (mail code
CAQ), Boston, MA 02114–2023.
5. Hand Delivery or Courier: Deliver
your comments to: Anne Arnold,
Manager, Air Quality Planning Unit,
Office of Ecosystem Protection, U.S.
Environmental Protection Agency, EPA
New England Regional Office, One
Congress Street, 11th floor, (CAQ),
Boston, MA 02114–2023. Such
deliveries are only accepted during the
Regional Office’s normal hours of
operation. The Regional Office’s official
hours of business are Monday through
Friday, 8:30 a.m. to 4:30 p.m., excluding
federal holidays.
Instructions: Direct your comments to
Docket ID No. ‘‘FDMS Docket ID No.
EPA–R01–OAR–2007–0399’’. EPA’s
policy is that all comments received
will be included in the public docket
without change and may be made
available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit through https://
www.regulations.gov or e-mail,
information that you consider to be CBI
or otherwise protected. The https://
www.regulations.gov Web site is an
‘‘anonymous access’’ system, which
means EPA will not know your identity
PO 00000
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50305
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov, your e-mail
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, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD-ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters and any form of
encryption and should be free of any
defects or viruses. For additional
information about EPA’s public docket
visit the EPA Docket Center homepage
at https://www.epa.gov/epahome/
dockets.htm.
Docket: All documents in the
electronic docket are listed in the
https://www.regulations.gov index.
Although listed in the index, some
information is not publicly available,
i.e., 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. In
addition to publicly available docket
materials available electronically in
https://www.regulations.gov, the hard
copy of these materials, including the
state submittal, is available at the Office
of Ecosystem Protection, U.S.
Environmental Protection Agency, EPA
New England Regional Office, One
Congress Street, Suite 1100, Boston,
MA. EPA requests that if at all possible,
you contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m., excluding federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions concerning today’s
proposal, please contact Alison C.
Simcox, Air Quality Planning Unit, U.S.
Environmental Protection Agency, EPA
New England Regional Office, One
Congress Street, Suite 1100 (CAQ),
Boston, MA 02114–2023, telephone
number (617) 918–1684, fax number
(617) 918–0684, e-mail
simcox.alison@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What Action Is EPA Proposing To Take?
E:\FR\FM\31AUP1.SGM
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]]>Agencies
[Federal Register Volume 72, Number 169 (Friday, August 31, 2007)]
[Proposed Rules]
[Pages 50303-50305]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-17155]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers
33 CFR Part 334
Marine Corps Base Hawaii, Kaneohe Bay, Island of Oahu, HI
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 is proposing to amend the
regulations at 33 CFR 334.1380 for the existing danger zone in the
vicinity of Kaneohe Bay, Hawaii. The proposed amendment will reflect
the current operational and safety procedures at the Ulupau Crater
Weapons Training Range and highlight a change in the hours that weapons
firing may occur. These regulations are necessary to protect the public
from potentially hazardous conditions which may exist as a result from
use of the areas by the United States Marine Corps.
DATES: Written comments must be submitted on or before October 1, 2007.
ADDRESSES: You may submit comments, identified by docket number COE-
2007-0027, by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov. Follow the
instructions for submitting comments.
E-mail: david.b.olson@usace.army.mil. Include the docket number,
COE-2007-0027, 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-2007-0027.
All comments received will be included in the public docket without
change and may be made available on-line at
[[Page 50304]]
https://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 e-mail. 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 e-mail directly to the Corps without going through
www.regulations.gov, your e-mail 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 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 https://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.
Consideration will be given to all comments received within 30 days
of the date of publication of this notice.
FOR FURTHER INFORMATION CONTACT: Mr. David B. Olson, Headquarters,
Operations and Regulatory Community of Practice, Washington, D.C. at
202-761-4922, or Ms. Susan A. Meyer, Corps of Engineers, Honolulu
District, Regulatory Branch, at 808-438-2137.
SUPPLEMENTARY INFORMATION: 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 proposes to amend the danger zone regulations at
33 CFR 334.1380 to reflect current operational and safety procedures at
the Ulupau Crater Weapons Training Range, Marine Corps Base Hawaii
(MCBH), Kaneohe Bay, Island of Oahu, Hawaii and highlight a change in
the hours that weapons firing may occur. The proposed amendment will
also provide more detailed times, dates, and extents of restrictions.
Procedural Requirements
a. Review under Executive Order 12866
This proposed 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
These proposed rules have been reviewed under the Regulatory
Flexibility Act (Public Law 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). Unless information is
obtained to the contrary during the public notice comment period, the
Corps expects that the economic impact of the amendment to this danger
zone would have practically no impact on the public, no anticipated
navigational hazard, or no interference with existing waterway traffic.
This proposed rule, if adopted, 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 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. 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 proposed 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. 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 proposes to amend
33 CFR part 334, as follows:
PART 334--DANGER ZONE AND RESTRICTED AREA REGULATIONS
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).
2. Revise Sec. 334.1380 to read as follows:
Sec. 334.1380 Marine Corps Base Hawaii (MCBH), Kaneohe Bay, Island of
Oahu, Hawaii--Ulupau Crater Weapons Training Range; danger zone.
(a) The danger zone. The waters within a sector extending seaward a
distance of 3.8 nautical miles between radial lines bearing 001[deg]
true and 129[deg] true, respectively, from a point on Mokapu Peninsula
at latitude 21[deg] 27' 10'' N, longitude 157[deg] 43' 45'' W,
exclusive of the existing 500-yard wide prohibited area. The interface
between the existing 500-yard prohibited area and this danger zone is
defined by five points having the following coordinates:
Point A: Latitude 21[deg] 29' 53'' N, Longitude 157[deg] 43' 37'' W
Point B: Latitude 21[deg] 30' 39'' N, Longitude 157[deg] 42' 30'' W
Point C: Latitude 21[deg] 28' 34'' N, Longitude 157[deg] 40' 04'' W
Point D: Latitude 21[deg] 28' 10'' N, Longitude 157[deg] 41' 05'' W
Point E: Latitude 21[deg] 35' 31'' N, Longitude 157[deg] 41' 23'' W
(b) The regulations. (1) Weapons firing at the Ulupau Crater
Weapons Training Range may occur at any time between 6 a.m. and 11
p.m., Monday through Sunday. Specific dates and hours for weapons
firing, along with information regarding onshore warning signals, will
be promulgated by the U.S. Coast Guard's Local Notice to Mariners.
Information on weapons firing schedules may also be obtained by calling
the MCBH Range Manager, AC/S G-3 (telephone number 808-257-8816/17).
(2) Whenever live firing is in progress during daylight hours, two
large red triangular warning pennants will be flown at each of two
highly visible and widely separated locations on the shore at Ulupau
Crater.
(3) Whenever any weapons firing is scheduled and in progress during
periods of darkness, flashing red warning beacons will be displayed on
the shore at Ulupau Crater.
[[Page 50305]]
(4) Boaters will have complete access to the danger zone whenever
there is no weapons firing scheduled, which will be indicated by the
absence of any warning flags, pennants, or beacons displayed ashore.
(5) The danger zone is not considered safe for boaters whenever
weapons firing is in progress. Boaters shall expeditiously vacate the
danger zone at best speed and by the most direct route whenever weapons
firing is scheduled. Passage of vessels through the danger zone when
weapons firing is in progress will be permitted, but boaters shall
proceed directly through the area at best speed. Weapons firing will be
suspended as long as there is a vessel in the danger zone. Whenever a
boater disregards the publicized warning signals that hazardous weapons
firing is scheduled, the boater will be personally requested to
expeditiously vacate the danger zone by MCBH Kaneohe Bay military
personnel utilizing a bull-horn from a Marine helicopter, hailing the
vessel via VHF channel 16 or U.S. Navy surface craft.
(6) Observation posts will be manned whenever any weapons firing is
scheduled and in progress. Visibility will be sufficient to maintain
visual surveillance of the entire danger zone and for an additional
distance of 5 miles in all directions whenever weapons firing is in
progress.
(c) The Enforcing Agency. The foregoing regulations shall be
enforced by the Commanding General, MCBH Kaneohe Bay and such agencies
as he/she may designate.
Dated: August 23, 2007.
Mark F. Sudol,
Acting Chief, Operations, Directorate of Civil Works.
[FR Doc. E7-17155 Filed 8-30-07; 8:45 am]
BILLING CODE 3710-92-P
