Marine Corps Base Hawaii, Kaneohe Bay, Island of Oahu, HI, 50303-50305 [E7-17155]

Download as PDF 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 VerDate Aug<31>2005 15:10 Aug 30, 2007 Jkt 211001 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 PO 00000 Frm 00044 Fmt 4702 Sfmt 4702 50303 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: http:// 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 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 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 http:// 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. PO 00000 Frm 00045 Fmt 4702 Sfmt 4702 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. E:\FR\FM\31AUP1.SGM 31AUP1 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: VerDate Aug<31>2005 15:10 Aug 30, 2007 Jkt 211001 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. http://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 http:// 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 http:// www.regulations.gov or e-mail, information that you consider to be CBI or otherwise protected. The http:// www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity PO 00000 Frm 00046 Fmt 4702 Sfmt 4702 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 http:// 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 http://www.epa.gov/epahome/ dockets.htm. Docket: All documents in the electronic docket are listed in the http://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 http://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 31AUP1

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: http://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]]

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 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 http://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