Pacific Ocean Off the Pacific Missile Range Facility at Barking Sands, Island of Kauai, Hawaii; Danger Zone, 39198-39200 [2013-15669]

Download as PDF 39198 Federal Register / Vol. 78, No. 126 / Monday, July 1, 2013 / Proposed Rules 737–57A1218, Revision 5, dated February 9, 2009; or Boeing Alert Service Bulletin 737– 57A1218, Revision 6, dated June 9, 2011; at the later of the times specified in paragraphs (q)(1) and (q)(2) of this AD, except as required by paragraph (r) of this AD. As of the effective date of this AD, only Boeing Alert Service Bulletin 737–57A1218, Revision 6, dated June 9, 2011, may be used to perform the replacement required by this paragraph. Overhauling the carriage spindles does not zero-out the flight cycles. Total flight cycles accumulate since new. (1) Before the accumulation of 40,000 total flight cycles on the new or overhauled carriage. (2) Within 6 years or 15,000 flight cycles after August 31, 2010 (the effective date of AD 2010–15–08, Amendment 39–16374 (75 FR 43803, July 27, 2010)), whichever occurs first. tkelley on DSK3SPTVN1PROD with PROPOSALS (r) Retained Carriage Spindle Replacement for Airplanes With an Undocumented Carriage This paragraph restates the requirements of paragraph (r) of AD 2010–15–08, Amendment 39–16374 (75 FR 43803, July 27, 2010). For airplanes with an undocumented carriage: Do the applicable actions specified in paragraph (p) or (q) of this AD at the applicable time specified in paragraph (r)(1) or (r)(2) of this AD. (1) For Model 737–100, –200, –200C series airplanes: Do the actions specified in paragraph (p) of this AD at the time specified in paragraph (p)(1)(ii) of this AD. (2) For Model –300, –400, and –500 series airplanes: Do the actions specified in paragraph (q) of this AD at the time specified in paragraph (q)(2) of this AD. (s) Retained Repetitive Replacements of Carriage Spindle This paragraph restates the requirements of paragraph (s) of AD 2010–15–08, Amendment 39–16374 (75 FR 43803, July 27, 2010), with revised compliance times. (1) For airplanes on which the actions required by paragraph (p) or (q) of this AD, as applicable, have been done as of the effective date of this AD: Repeat the replacement of the carriage spindle specified by paragraph (p) or (q) of this AD, as applicable, one time at the later of the times specified in paragraphs (s)(1)(i) and (s)(1)(ii) of this AD, and thereafter at intervals not to exceed 40,000 total flight cycles on the new or overhauled carriage spindle. (i) Before the accumulation of 40,000 total flight cycles on the new or overhauled carriage. (ii) Within 6 years or 15,000 flight cycles after August 31, 2010 (the effective date of AD 2010–15–08, Amendment 39–16374 (75 FR 43803, July 27, 2010)), whichever occurs first. (2) For airplanes on which the actions required by paragraph (p) or (q) of this AD, as applicable, have not been done as of the effective date of this AD: Repeat the replacement of the carriage spindle specified by paragraph (p) or (q) of this AD, as applicable, thereafter at intervals not to exceed 40,000 total flight cycles on the new or overhauled carriage spindle. VerDate Mar<15>2010 17:48 Jun 28, 2013 Jkt 229001 (t) Exception to Compliance Time Where Boeing Service Bulletin 737– 57A1277, Revision 3, dated May 16, 2012, and Boeing Alert Service Bulletin 737– 57A1218, Revision 6, dated June 9, 2011, specify a compliance time after the dates of those service bulletins, this AD requires compliance within the specified compliance time after the effective date of this AD. (u) Credit for Previous Actions This paragraph provides credit for actions required by paragraphs (g) through (s) of this AD, if those actions were performed before the effective date of this AD using Boeing Alert Service Bulletin 737–57A1277, Revision 2, dated June 9, 2011, which is not incorporated by reference in this AD. (v) Alternative Methods of Compliance (AMOCs) (1) The Manager, Seattle Aircraft Certification Office (ACO), FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the manager of the ACO, send it to the attention of the person identified in the Related Information section of this AD. Information may be emailed to: 9-ANMSeattle-ACO-AMOC-Requests@faa.gov. (2) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/ certificate holding district office. (3) An AMOC that provides an acceptable level of safety may be used for any repair required by this AD if it is approved by the Boeing Commercial Airplanes Organization Designation Authorization (ODA) that has been authorized by the Manager, ACO, to make those findings. For a repair method to be approved, the repair must meet the certification basis of the airplane, and the approval must specifically refer to this AD. (4) AMOCs previously approved in accordance with AD 2003–24–08, Amendment 39–13377 (68 FR 67027, December 1, 2003), or AD 2010–15–08, Amendment 39–16374 (75 FR 43803, July 27, 2010), are approved as AMOCs for individual repairs are acceptable for compliance with the corresponding provisions of this AD. All other existing AMOCs are not acceptable. (w) Related Information (1) For more information about this AD, contact Nancy Marsh, Aerospace Engineer, Airframe Branch, ANM–120S, FAA, Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057–3356; phone: (425) 917–6440; fax: (425) 917–6590; email: nancy.marsh@faa.gov. (2) For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Data & Services Management, P.O. Box 3707, MC 2H–65, Seattle, Washington 98124–2207; telephone 206–544–5000, extension 1; fax 206–766– 5680; email me.boecom@boeing.com; Internet https://www.myboeingfleet.com. You may review copies of the referenced service PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, Washington. For information on the availability of this material at the FAA, call 425–227–1221. Issued in Renton, Washington, on June 14, 2013. Jeffrey E. Duven, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2013–15660 Filed 6–28–13; 8:45 am] BILLING CODE 4910–13–P 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. Notice of proposed rulemaking and request for comments. ACTION: The Corps of Engineers is proposing to amend an existing 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 missile defense activities, test missile launches, and training activities at the Pacific Missile Range Facility. The proposed amendment is necessary to protect the public from hazards associated with missile launch operations, training activities, and increased threat conditions. The proposed amendment would expand the existing danger zone and would prohibit any activity by the public within the danger zone without first obtaining permission from the Commanding Officer, Pacific Missile Range Facility, to ensure public safety and/or installation good order during range operations, weapon system testing, training activities, increases in force protection and other mission essential evolutions. The expanded danger zone would extend 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. SUMMARY: Written comments must be submitted on or before July 31, 2013. ADDRESSES: You may submit comments, identified by docket number COE– 2013–0007, by any of the following methods: DATES: E:\FR\FM\01JYP1.SGM 01JYP1 tkelley on DSK3SPTVN1PROD with PROPOSALS Federal Register / Vol. 78, No. 126 / Monday, July 1, 2013 / Proposed Rules Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments. Email: david.b.olson@usace.army.mil. Include the docket number, COE–2013– 0007, 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–2013–0007 . All comments received will be included in the public docket without change and may be made available on-line at http://www.regulations.gov, including any personal information provided, unless the commenter indicates that the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI, or otherwise protected, through regulations.gov or email. The regulations.gov Web site is an anonymous access system, which means we will not know your identity or contact information unless you provide it in the body of your comment. If you send an email directly to the Corps without going through regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, we recommend that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If we cannot read your comment because of technical difficulties and cannot contact you for clarification, we may not be able to consider your comment. Electronic comments should avoid the use of any special characters, any form of encryption, and be free of any defects or viruses. Docket: For access to the docket to read background documents or comments received, go to www.regulations.gov. All documents in the docket are listed. Although listed in the index, some information is not publicly available, such as CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. VerDate Mar<15>2010 17:48 Jun 28, 2013 Jkt 229001 Mr. David Olson, Headquarters, Operations and Regulatory Community of Practice, Washington, DC at 202–761–4922, or Mr. Farley Watanabe, Corps of Engineers, Honolulu District, Regulatory Branch, at 808–835–4305 or by email at farley.k.watanabe@usace.army.mil. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Executive Summary The purpose of this regulatory action is to amend the danger zone in waters of the Pacific Ocean off the Pacific Missile Range Facility at Barking Sands, Island of Kauai, Hawaii by increasing the water area historically noted on nautical charts as 334.1390. The Corps authority to amend this danger zone is 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). 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 proposing to amend the regulations at 33 CFR Part 334 by amending 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 U.S. Navy conducts missile defense activities, test missile launches, and training activities at the Pacific Missile Range Facility. The proposed amendment is necessary to protect the public from hazards associated with missile launch operations, training activities, and increased threat conditions. The proposed amendment would expand the existing danger zone and would prohibit any activity by the public within the danger zone without first obtaining permission from the Commanding Officer, Pacific Missile Range Facility, to ensure public safety and/or installation good order during range operations, weapon system testing, training activities, increases in force protection and other mission essential evolutions. The expanded danger zone would extend 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. PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 39199 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 This proposed 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). Unless information is obtained to the contrary during the public notice comment period, the Corps expects that the amendment of this danger zone would have practically no economic impact on the public, no anticipated navigational hazard, or 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 to 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. After it is prepared, 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 set out in the preamble, the Corps proposes to amend 33 CFR part 334 as follows: E:\FR\FM\01JYP1.SGM 01JYP1 39200 Federal Register / Vol. 78, No. 126 / Monday, July 1, 2013 / Proposed Rules 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 § 334.1390 to read as follows: ■ tkelley on DSK3SPTVN1PROD with PROPOSALS § 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°04′13.65″ N, longitude 159°46′30.76″ W; and continue south along the shoreline to latitude 21°58′42.77″ N, and longitude 159°45′26.35″ W. Thence extending southwest to latitude 21°56′6.00″ N, and longitude 159°46′55.91″ W extending northwest to latitude 21°58′59.81″ N and longitude 159°50′51.42″ W, continuing north to latitude 22°02′28.09″ N, and longitude 159°51′28.15″ W, and continuing northeast to latitude 22°06′30.71″ N, longitude 159°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 Web site, http:// VerDate Mar<15>2010 17:48 Jun 28, 2013 Jkt 229001 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) The enforcing agency will authorize the use of some, or all, of the danger zone for civilian waterborne activities when mission-essential evolutions such as range operations, test and training operations, or increases in force protections levels permit it. Such activities include fishing, sightseeing, shelling, surfing, and transit. (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: June 24, 2013. Approved: James R. Hannon, Chief, Operations and Regulatory Directorate of Civil Works. [FR Doc. 2013–15669 Filed 6–28–13; 8:45 am] BILLING CODE 3720–58–P Correction In the Federal Register of June 26, 2013 (78 FR 38240), on page 38241, in the first column, the DATES caption is corrected to read as set forth above. Dated: June 26, 2013. Maria Strong, Acting General Counsel, U.S. Copyright Office. [FR Doc. 2013–15699 Filed 6–28–13; 8:45 am] BILLING CODE 1410–30–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 2 [ET Docket No. 13–115; RM–11341; FCC 13– 65] Federal Earth Stations—Non-Federal Fixed Satellite Service Space Stations; Spectrum for Non-Federal Space Launch Operations Federal Communications Commission. ACTION: Proposed rule. AGENCY: This document proposes to make spectrum allocation proposals for three different space related purposes. The Commission makes two alternative proposals to modify the Allocation Table to provide interference protection for Fixed-Satellite Service (FSS) and Mobile-Satellite Service (MSS) earth stations operated by Federal agencies under authorizations granted by the National Telecommunications and Information Administration (NTIA) in certain frequency bands. The Commission also proposes to amend a footnote to the Allocation Table to permit a Federal MSS system to operate in the 399.9–400.05 MHz band; also makes alternative proposals to modify the Allocation Table to provide access to spectrum on an interference protected basis to Commission licensees for use during the launch of launch vehicles (i.e. rockets). The Commission also seeks comment broadly on the future spectrum needs of the commercial space sector. The Commission expects that, if adopted, these proposals would advance the commercial space industry and the important role it will play in our nation’s economy and technological innovation now and in the future. DATES: Comments must be filed on or before August 30, 2013, and reply comments must be filed on or before September 30, 2013. FOR FURTHER INFORMATION CONTACT: Nicholas Oros, Office of Engineering and Technology, 202–418–0636, SUMMARY: LIBRARY OF CONGRESS Copyright Office 37 CFR Part 201 [Docket No. 2013–5] Authentication of Electronic Signatures on Electronically Filed Statements of Account U.S. Copyright Office, Library of Congress. ACTION: Notice of proposed rulemaking; correction. AGENCY: The U.S. Copyright Office published a notice of proposed rulemaking in the Federal Register of June 26, 2013 (78 FR 38240). The document contained incorrect dates. DATES: Comments must be received in the Copyright Office no later than 5 p.m. Eastern Standard Time (EST) on July 26, 2013. Reply comments must be received in the Copyright Office no later than 5 p.m. Eastern Standard Time (e.s.t.) on August 26, 2013. FOR FURTHER INFORMATION CONTACT: Andrea Zizzi, Office of the General Counsel, Copyright GC/I&R, P.O. Box 70400, Washington, DC 20024. Telephone: (202) 707–8380. Telefax: (202) 707–8366. SUPPLEMENTARY INFORMATION: SUMMARY: PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 E:\FR\FM\01JYP1.SGM 01JYP1

Agencies

[Federal Register Volume 78, Number 126 (Monday, July 1, 2013)]
[Proposed Rules]
[Pages 39198-39200]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-15669]


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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: Notice of proposed rulemaking and request for comments.

-----------------------------------------------------------------------

SUMMARY: The Corps of Engineers is proposing to amend an existing 
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 missile defense activities, test missile launches, and 
training activities at the Pacific Missile Range Facility. The proposed 
amendment is necessary to protect the public from hazards associated 
with missile launch operations, training activities, and increased 
threat conditions. The proposed amendment would expand the existing 
danger zone and would prohibit any activity by the public within the 
danger zone without first obtaining permission from the Commanding 
Officer, Pacific Missile Range Facility, to ensure public safety and/or 
installation good order during range operations, weapon system testing, 
training activities, increases in force protection and other mission 
essential evolutions. The expanded danger zone would extend 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.

DATES: Written comments must be submitted on or before July 31, 2013.

ADDRESSES: You may submit comments, identified by docket number COE-
2013-0007, by any of the following methods:

[[Page 39199]]

    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
    Email: david.b.olson@usace.army.mil. Include the docket number, 
COE-2013-0007, 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-2013-0007 . 
All comments received will be included in the public docket without 
change and may be made available on-line at http://www.regulations.gov, 
including any personal information provided, unless the commenter 
indicates that the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI, or otherwise protected, through regulations.gov or 
email. The regulations.gov Web site is an anonymous access system, 
which means we will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an email 
directly to the Corps without going through regulations.gov, your email 
address will be automatically captured and included as part of the 
comment that is placed in the public docket and made available on the 
Internet. If you submit an electronic comment, we recommend that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If we cannot read your 
comment because of technical difficulties and cannot contact you for 
clarification, we may not be able to consider your comment. Electronic 
comments should avoid the use of any special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: For access to the docket to read background documents or 
comments received, go to www.regulations.gov. All documents in the 
docket are listed. Although listed in the index, some information is 
not publicly available, such as CBI or other information whose 
disclosure is restricted by statute. Certain other material, such as 
copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form.

FOR FURTHER INFORMATION CONTACT: Mr. David Olson, Headquarters, 
Operations and Regulatory Community of Practice, Washington, DC at 202-
761-4922, or Mr. Farley Watanabe, Corps of Engineers, Honolulu 
District, Regulatory Branch, at 808-835-4305 or by email at 
farley.k.watanabe@usace.army.mil.

SUPPLEMENTARY INFORMATION: 

Executive Summary

    The purpose of this regulatory action is to amend the danger zone 
in waters of the Pacific Ocean off the Pacific Missile Range Facility 
at Barking Sands, Island of Kauai, Hawaii by increasing the water area 
historically noted on nautical charts as 334.1390.
    The Corps authority to amend this danger zone is 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).

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 proposing to amend the regulations at 33 CFR Part 334 by 
amending 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 U.S. Navy conducts missile defense activities, test missile 
launches, and training activities at the Pacific Missile Range 
Facility. The proposed amendment is necessary to protect the public 
from hazards associated with missile launch operations, training 
activities, and increased threat conditions. The proposed amendment 
would expand the existing danger zone and would prohibit any activity 
by the public within the danger zone without first obtaining permission 
from the Commanding Officer, Pacific Missile Range Facility, to ensure 
public safety and/or installation good order during range operations, 
weapon system testing, training activities, increases in force 
protection and other mission essential evolutions. The expanded danger 
zone would extend 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.

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

    This proposed 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). Unless information is 
obtained to the contrary during the public notice comment period, the 
Corps expects that the amendment of this danger zone would have 
practically no economic impact on the public, no anticipated 
navigational hazard, or 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 to 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. After it is 
prepared, 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 set out in the preamble, the Corps proposes to 
amend 33 CFR part 334 as follows:

[[Page 39200]]

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 Web site, 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) The enforcing agency will authorize the use of some, or all, of 
the danger zone for civilian waterborne activities when mission-
essential evolutions such as range operations, test and training 
operations, or increases in force protections levels permit it. Such 
activities include fishing, sightseeing, shelling, surfing, and 
transit.
    (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: June 24, 2013.

    Approved:
James R. Hannon,
Chief, Operations and Regulatory Directorate of Civil Works.
[FR Doc. 2013-15669 Filed 6-28-13; 8:45 am]
BILLING CODE 3720-58-P