Naval Base Ventura County, San Nicolas Island, California; Restricted Area, 70005-70007 [2013-28126]
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Federal Register / Vol. 78, No. 226 / Friday, November 22, 2013 / Proposed Rules
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Branch, ANM–116, Transport Airplane
Directorate, 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 International Branch, send it to ATTN:
Dan Rodina, Aerospace Engineer,
International Branch, ANM–116, Transport
Airplane Directorate, FAA, 1601 Lind
Avenue SW., Renton, WA 98057–3356;
telephone (425) 227–2125; fax (425) 227–
1149. Information may be emailed to: 9ANM-116-AMOC-REQUESTS@faa.gov.
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. The AMOC
approval letter must specifically reference
this AD.
(2) Airworthy Product: For any requirement
in this AD to obtain corrective actions from
a manufacturer, use these actions if they are
FAA-approved. Corrective actions are
considered FAA-approved if they were
approved by the State of Design Authority (or
its delegated agent or the Design Approval
Holder with a State of Design Authority’s
design organization approval). For a repair
method to be approved, the repair approval
must specifically refer to this AD. You are
required to ensure the product is airworthy
before it is returned to service.
(i) Related Information
ehiers on DSK2VPTVN1PROD with PROPOSALS-1
(1) Refer to Mandatory Continuing
Airworthiness Information European
Aviation Safety Agency Airworthiness
Directive 2013–0163, dated July 24, 2013, for
related information. This MCAI may be
found in the AD docket on the Internet at
https://www.regulations.gov by searching for
and locating it in Docket No. FAA–2013–
0973.
(2) For service information identified in
this AD, contact Airbus SAS, Airworthiness
Office—EAW, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France;
telephone +33 5 61 93 36 96; fax +33 5 61
93 44 51; email account.airworth-eas@
airbus.com; Internet https://www.airbus.com.
You may view this service information at the
FAA, Transport Airplane Directorate, 1601
Lind Avenue SW., Renton, WA. For
information on the availability of this
material at the FAA, call 425–227–1221.
Issued in Renton, Washington, on
November 15, 2013.
John P. Piccola,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2013–28120 Filed 11–21–13; 8:45 am]
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DEPARTMENT OF DEFENSE
Department of the Army, Corps of
Engineers
33 CFR Part 334
Naval Base Ventura County, San
Nicolas Island, California; Restricted
Area
AGENCY:
U.S. Army Corps of Engineers,
DoD.
Notice of proposed rulemaking
and request for comments.
ACTION:
The Corps of Engineers
(Corps) is proposing to amend its
regulations to modify an existing
permanent restricted area in the waters
of the Pacific Ocean surrounding San
Nicolas Island, California. Naval Base
Ventura County is requesting the Corps
modify the existing restricted area to
realign subsections (designated Alpha,
Bravo and Charlie) within the restricted
area to better match current operational
requirements. In addition, the proposed
rule would correct a mapping error in
the original rule. The perimeter and
overall size of the existing restricted
area would remain unchanged. San
Nicolas Island is wholly owned by the
United States and operated by the U.S.
Navy as part of Naval Base Ventura
County.
DATES: Written comments must be
submitted on or before December 23,
2013.
ADDRESSES: You may submit comments,
identified by docket number COE–
2013–0014, by any of the following
methods:
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Email: david.b.olson@usace.army.mil.
Include the docket number, COE–2013–
0014, 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–2013–0014. All
comments received will be included in
the public docket without change and
may be made available on-line at 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
SUMMARY:
PO 00000
Frm 00003
Fmt 4702
Sfmt 4702
70005
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. Antal Szijj, Corps of Engineers, Los
Angeles District, Regulatory Division, at
805–585–2147.
SUPPLEMENTARY INFORMATION:
Executive Summary
The purpose of this regulatory action
is to amend an existing restricted area
to realign subsections in a manner that
better matches the U.S. Navy’s current
operational needs. Vessels would only
be prohibited from entering the
restricted area during closure periods.
The amendment would also update
various titles and contact references to
current command structure and names,
and correct a mapping error in the
original rule.
The Corps authority to amend this
restricted area is Section 7 of the Rivers
and Harbors Act of 1917 (40 Stat 266;
33 U.S.C. 1) and Chapter XIX of the
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Federal Register / Vol. 78, No. 226 / Friday, November 22, 2013 / Proposed Rules
contact references to match current
command structure.
Background
ehiers on DSK2VPTVN1PROD with PROPOSALS-1
Army Appropriations Act of 1919 (40
Stat 892; 33 U.S.C. 3).
Procedural Requirements
The restricted area around San
Nicolas Island was established by
regulation in 1965. The original and
later revised regulations specifically
allow fishing in the other two sections,
except when closed by the Commander,
Pacific Missile Range. The restricted
area regulations also establish a 300
yard no-access buffer around the island
and specifically prohibit landing on the
island.
As presently designed, the restricted
area does not match Naval Base Ventura
County’s current operational needs.
While the existing focus of the restricted
area is section Alpha, current operations
are primarily focused to the west, over
section Bravo. The boundaries of the
three areas also bisect the north side of
the island and would be better defined
by a separation at the east end between
sections Alpha and Charlie. There is
also an error in the current regulation,
which incorrectly designates one point
of section Alpha’s boundary.
Section Alpha regulations restrict
commercial trawl fishing and other
‘‘fishing operations.’’ Commercial
fishing is now common within section
Alpha and most of the fishing at and
around the island occurs in section
Alpha.
Additionally, current regulations (see
33 CFR 334.980(d)(2) and (d)(4)), restrict
all vessels except fishing vessels, range
craft, and vessels cleared for entry, from
sections Bravo or Charlie at any time,
except in emergency. This is also not
enforced.
The proposed change would modify
33 CFR 334.980 to update the
regulations and more adequately
support the present operational needs.
The proposal would change the
boundaries of the restricted area
sections into western, eastern and
northern areas. This change would make
the areas more aligned with visible
features on the island. The U.S. Navy
could still open and close these sections
in part or in whole depending on
operational needs. The proposed change
would remove references to range
marker poles, given that the majority of
boaters use Global Positioning Systems
to determine location and the need for
markers (and subsequent maintenance
of markers) no longer exists.
The proposal would remove
references to fishing restrictions to
clarify that the Navy does not regulate
fishing, but rather closes areas to all
access when necessary for operations.
The proposal would update titles and
a. Review Under Executive Order 12866
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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.
For the reasons set out 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:
■
b. Review Under the Regulatory
Flexibility Act
Authority: 40 Stat. 266 (33 U.S.C. 1) and
40 Stat. 892 (33 U.S.C. 3).
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 restricted area 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.
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.
Frm 00004
Fmt 4702
Sfmt 4702
§ 334.980 Pacific Ocean, around San
Nicholas Island, Calif., naval restricted area.
(a) The area. (1) perimeter (restricted).
The waters of the Pacific Ocean around
San Nicholas Island, Calif., extending
about 3 miles seaward from the
shoreline, described as follows:
Latitude
Point
Point
Point
Point
Point
Point
Point
Point
Point
A .......
C .......
D .......
E .......
F .......
G .......
I .........
K .......
L ........
33°10′10″
33°10′10″
33°12′00″
33°14′20″
33°16′40″
33°19′10″
33°20′10″
33°17′40″
33°13′50″
Longitude
119°24′20″
119°31′10″
119°35′30″
119°37′40″
119°38′10″
119°37′10″
119°31′10″
119°24′50″
119°21′50″
(2) Sections of Area.
ALPHA section is the northerly
section of the area, and is described as
follows:
Latitude
Point
Point
Point
Point
Point
H .......
I .........
K .......
L ........
O .......
33°20′01″
33°20′10″
33°17′40″
33°13′50″
33°13′50″
Longitude
119°32′02″
119°31′10″
119°24′50″
119°21′50″
119°26′02″
Thence northwesterly along shoreline to
Point N
Point N .......
Point H .......
33°17′04″
33°20′01″
119°32′02″
119°32′02″
BRAVO section is the westerly section
of the area, and is described as follows:
d. Unfunded Mandates Act
PO 00000
2. Revise § 334.980 to read as follows:
Latitude
Point N .......
33°17′04″
Longitude
119°32′02″
Thence westerly, southerly and easterly
along the shoreline to Point M
Point
Point
Point
Point
Point
Point
Point
Point
Point
E:\FR\FM\22NOP1.SGM
M
B
C
D
E
F
G
H
N
.......
.......
.......
.......
.......
.......
.......
.......
.......
22NOP1
33°13′10″
33°10′10″
33°10′10″
33°12′00″
33°14′20″
33°16′40″
33°19′10″
33°20′01″
33°17′04″
119°29′40″
119°29′40″
119°31′10″
119°35′30″
119°37′40″
119°38′10″
119°37′10″
119°32′02″
119°32′02″
Federal Register / Vol. 78, No. 226 / Friday, November 22, 2013 / Proposed Rules
CHARLIE section is the southerly
section of the area, and is described as
follows:
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
Latitude
Point L ........
Point O .......
33°13′50″
33°13′50″
Longitude
119°21′50″
119°26′02″
Thence southerly and westerly along the
shoreline to Point M
ehiers on DSK2VPTVN1PROD with PROPOSALS-1
Point
Point
Point
Point
M .......
B .......
A .......
L ........
33°13′10″
33°10′10″
33°10′10″
33°13′50″
119°29′40″
119°29′40″
119°24′20″
119°21′50″
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
Dated: November 19, 2013.
James R. Hannon,
Chief, Operations and Regulatory, Directorate
of Civil Works.
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Approval and Promulgation of
Implementation Plans; State of
Missouri; Restriction of Emission of
Sulfur Compounds and Emissions
Banking and Trading
AGENCY:
(b) The regulations. (1) Except during
closure periods or as otherwise
provided in this section, the restricted
area will be open to all vessels.
(2) Boats must remain at least 300
yards from the shoreline of San Nicolas
Island at all times. Nothing in this
provision shall be construed as
authorization to anchor within 300
yards or to land on San Nicolas Island,
except in an emergency.
(3) No person, vessel or other craft
shall enter the restricted area or
designated section(s) during closure
periods unless authorized to do so by
the Commanding Officer, Naval Base
Ventura County or the Officer in Charge,
San Nicolas Island.
(4) Submarine cables within the
restricted area pose a risk to the
equipment of vessels engaged in
dredging, dragging, seining, anchoring
and other bottom contact operations.
Appropriate care must be taken to avoid
damage.
(5) Closure Periods. Notice that the
restricted area or section(s) ALPHA,
BRAVO, or CHARLIE are closed to entry
shall be given by radio broadcast
Monday through Friday at 0900 and
1200 on 2638 kHz and 2738 kHz or by
contacting ‘‘PLEAD CONTROL’’ on
VHF–FM radio channel 11 or 16.
Closure information may also be
requested by telephone between 0600
and 1800 Monday through Friday at
(805) 989–8841 or via recorded message
at (805) 989–1470.
(6) The regulations in this section
shall be enforced by personnel attached
to Naval Base Ventura County, Point
Mugu, Calif., and by such agencies as
may be designated by the Commandant,
11th Naval District, San Diego, Calif.
[FR Doc. 2013–28126 Filed 11–21–13; 8:45 am]
[EPA–R07–OAR–2013–0585; FRL 9903–13–
Region 7]
EPA is proposing to approve
two revisions to the State
Implementation Plan (SIP) for Missouri
that were submitted on September 5,
2012. The revision to the Missouri rule
‘‘Restriction of Emission of Sulfur
Compounds’’ will remove redundant
sulfur dioxide standards and outdated
compliance dates. Due to these
revisions, several within-rule references
will be amended. Revisions to the
Missouri rule ‘‘Emissions Banking and
Trading’’ will remove all definitions, as
they are now included in the general
definitions rule. The reference to the
state’s Ambient Air Quality Standards
rule that is included in the definition of
National Ambient Air Quality Standards
will also be removed. The revisions to
Missouri’s rules do not have an adverse
affect on air quality. EPA’s approval of
this SIP revision is being done in
accordance with the requirements of the
Clean Air Act (CAA).
DATES: Comments on this proposed
action must be received in writing by
December 23, 2013.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R07–
OAR–2013–0585, by mail to Amy
Bhesania, Environmental Protection
Agency, Air Planning and Development
Branch, 11201 Renner Boulevard,
Lenexa, Kansas 66219. Comments may
also be submitted electronically or
through hand delivery/courier by
following the detailed instructions in
the ADDRESSES section of the direct final
rule located in the rules section of this
Federal Register.
FOR FURTHER INFORMATION CONTACT:
Amy Bhesania at (913) 551–7147, or by
email at bhesania.amy@epa.gov.
SUPPLEMENTARY INFORMATION: In the
final rules section of this issue of the
Federal Register, EPA is approving the
state’s SIP revision as a direct final rule
without prior proposal because the
Agency views this as a noncontroversial
revision amendment and anticipates no
relevant adverse comments to this
SUMMARY:
PO 00000
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70007
action. A detailed rationale for the
approval is set forth in the direct final
rule. If no relevant adverse comments
are received in response to this action,
no further activity is contemplated in
relation to this action. If EPA receives
relevant adverse comments, the direct
final rule will be withdrawn and all
public comments received will be
addressed in a subsequent final rule
based on this proposed action. EPA will
not institute a second comment period
on this action. Any parties interested in
commenting on this action should do so
at this time. Please note that if EPA
receives adverse comment on part of
this rule, and if that part can be severed
from the remainder of the rule, EPA may
adopt as final those parts of the rule that
are not the subject of an adverse
comment. For additional information,
see the direct final rule which is located
in the rules section of this issue of the
Federal Register.
Dated: November 8, 2013.
Karl Brooks,
Regional Administrator, Region 7.
[FR Doc. 2013–28001 Filed 11–21–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 174
[EPA–HQ–OPP–2013–0704; FRL–9902–96]
Receipt of a Pesticide Petition Filed for
Residues of a Pesticide Chemical in or
on Various Commodities
Environmental Protection
Agency (EPA).
ACTION: Notice of filing of petition and
request for comment.
AGENCY:
This document announces the
Agency’s receipt of an initial filing of a
pesticide petition requesting the
establishment or modification of
regulations for residues of a pesticide
chemical in or on various commodities.
DATES: Comments must be received on
or before December 23, 2013.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPP–2013–0704, by
one of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute.
• Mail: OPP Docket, Environmental
Protection Agency Docket Center (EPA/
SUMMARY:
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]]>Agencies
[Federal Register Volume 78, Number 226 (Friday, November 22, 2013)]
[Proposed Rules]
[Pages 70005-70007]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-28126]
=======================================================================
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DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers
33 CFR Part 334
Naval Base Ventura County, San Nicolas Island, California;
Restricted Area
AGENCY: U.S. Army Corps of Engineers, DoD.
ACTION: Notice of proposed rulemaking and request for comments.
-----------------------------------------------------------------------
SUMMARY: The Corps of Engineers (Corps) is proposing to amend its
regulations to modify an existing permanent restricted area in the
waters of the Pacific Ocean surrounding San Nicolas Island, California.
Naval Base Ventura County is requesting the Corps modify the existing
restricted area to realign subsections (designated Alpha, Bravo and
Charlie) within the restricted area to better match current operational
requirements. In addition, the proposed rule would correct a mapping
error in the original rule. The perimeter and overall size of the
existing restricted area would remain unchanged. San Nicolas Island is
wholly owned by the United States and operated by the U.S. Navy as part
of Naval Base Ventura County.
DATES: Written comments must be submitted on or before December 23,
2013.
ADDRESSES: You may submit comments, identified by docket number COE-
2013-0014, by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov. Follow the
instructions for submitting comments.
Email: david.b.olson@usace.army.mil. Include the docket number,
COE-2013-0014, 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-2013-0014.
All comments received will be included in the public docket without
change and may be made available on-line at 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 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. Antal Szijj, Corps of Engineers, Los Angeles District,
Regulatory Division, at 805-585-2147.
SUPPLEMENTARY INFORMATION:
Executive Summary
The purpose of this regulatory action is to amend an existing
restricted area to realign subsections in a manner that better matches
the U.S. Navy's current operational needs. Vessels would only be
prohibited from entering the restricted area during closure periods.
The amendment would also update various titles and contact references
to current command structure and names, and correct a mapping error in
the original rule.
The Corps authority to amend this restricted area is Section 7 of
the Rivers and Harbors Act of 1917 (40 Stat 266; 33 U.S.C. 1) and
Chapter XIX of the
[[Page 70006]]
Army Appropriations Act of 1919 (40 Stat 892; 33 U.S.C. 3).
Background
The restricted area around San Nicolas Island was established by
regulation in 1965. The original and later revised regulations
specifically allow fishing in the other two sections, except when
closed by the Commander, Pacific Missile Range. The restricted area
regulations also establish a 300 yard no-access buffer around the
island and specifically prohibit landing on the island.
As presently designed, the restricted area does not match Naval
Base Ventura County's current operational needs. While the existing
focus of the restricted area is section Alpha, current operations are
primarily focused to the west, over section Bravo. The boundaries of
the three areas also bisect the north side of the island and would be
better defined by a separation at the east end between sections Alpha
and Charlie. There is also an error in the current regulation, which
incorrectly designates one point of section Alpha's boundary.
Section Alpha regulations restrict commercial trawl fishing and
other ``fishing operations.'' Commercial fishing is now common within
section Alpha and most of the fishing at and around the island occurs
in section Alpha.
Additionally, current regulations (see 33 CFR 334.980(d)(2) and
(d)(4)), restrict all vessels except fishing vessels, range craft, and
vessels cleared for entry, from sections Bravo or Charlie at any time,
except in emergency. This is also not enforced.
The proposed change would modify 33 CFR 334.980 to update the
regulations and more adequately support the present operational needs.
The proposal would change the boundaries of the restricted area
sections into western, eastern and northern areas. This change would
make the areas more aligned with visible features on the island. The
U.S. Navy could still open and close these sections in part or in whole
depending on operational needs. The proposed change would remove
references to range marker poles, given that the majority of boaters
use Global Positioning Systems to determine location and the need for
markers (and subsequent maintenance of markers) no longer exists.
The proposal would remove references to fishing restrictions to
clarify that the Navy does not regulate fishing, but rather closes
areas to all access when necessary for operations. The proposal would
update titles and contact references to match current command
structure.
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 restricted area 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:
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. 334.980 to read as follows:
Sec. 334.980 Pacific Ocean, around San Nicholas Island, Calif., naval
restricted area.
(a) The area. (1) perimeter (restricted). The waters of the Pacific
Ocean around San Nicholas Island, Calif., extending about 3 miles
seaward from the shoreline, described as follows:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
Point A....................... 33[deg]10'10'' 119[deg]24'20''
Point C....................... 33[deg]10'10'' 119[deg]31'10''
Point D....................... 33[deg]12'00'' 119[deg]35'30''
Point E....................... 33[deg]14'20'' 119[deg]37'40''
Point F....................... 33[deg]16'40'' 119[deg]38'10''
Point G....................... 33[deg]19'10'' 119[deg]37'10''
Point I....................... 33[deg]20'10'' 119[deg]31'10''
Point K....................... 33[deg]17'40'' 119[deg]24'50''
Point L....................... 33[deg]13'50'' 119[deg]21'50''
------------------------------------------------------------------------
(2) Sections of Area.
ALPHA section is the northerly section of the area, and is
described as follows:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
Point H....................... 33[deg]20'01'' 119[deg]32'02''
Point I....................... 33[deg]20'10'' 119[deg]31'10''
Point K....................... 33[deg]17'40'' 119[deg]24'50''
Point L....................... 33[deg]13'50'' 119[deg]21'50''
Point O....................... 33[deg]13'50'' 119[deg]26'02''
------------------------------------------------------------------------
Thence northwesterly along shoreline to Point N
------------------------------------------------------------------------
Point N....................... 33[deg]17'04'' 119[deg]32'02''
Point H....................... 33[deg]20'01'' 119[deg]32'02''
------------------------------------------------------------------------
BRAVO section is the westerly section of the area, and is described
as follows:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
Point N....................... 33[deg]17'04'' 119[deg]32'02''
------------------------------------------------------------------------
Thence westerly, southerly and easterly along the shoreline to Point M
------------------------------------------------------------------------
Point M....................... 33[deg]13'10'' 119[deg]29'40''
Point B....................... 33[deg]10'10'' 119[deg]29'40''
Point C....................... 33[deg]10'10'' 119[deg]31'10''
Point D....................... 33[deg]12'00'' 119[deg]35'30''
Point E....................... 33[deg]14'20'' 119[deg]37'40''
Point F....................... 33[deg]16'40'' 119[deg]38'10''
Point G....................... 33[deg]19'10'' 119[deg]37'10''
Point H....................... 33[deg]20'01'' 119[deg]32'02''
Point N....................... 33[deg]17'04'' 119[deg]32'02''
------------------------------------------------------------------------
[[Page 70007]]
CHARLIE section is the southerly section of the area, and is
described as follows:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
Point L....................... 33[deg]13'50'' 119[deg]21'50''
Point O....................... 33[deg]13'50'' 119[deg]26'02''
------------------------------------------------------------------------
Thence southerly and westerly along the shoreline to Point M
------------------------------------------------------------------------
Point M....................... 33[deg]13'10'' 119[deg]29'40''
Point B....................... 33[deg]10'10'' 119[deg]29'40''
Point A....................... 33[deg]10'10'' 119[deg]24'20''
Point L....................... 33[deg]13'50'' 119[deg]21'50''
------------------------------------------------------------------------
(b) The regulations. (1) Except during closure periods or as
otherwise provided in this section, the restricted area will be open to
all vessels.
(2) Boats must remain at least 300 yards from the shoreline of San
Nicolas Island at all times. Nothing in this provision shall be
construed as authorization to anchor within 300 yards or to land on San
Nicolas Island, except in an emergency.
(3) No person, vessel or other craft shall enter the restricted
area or designated section(s) during closure periods unless authorized
to do so by the Commanding Officer, Naval Base Ventura County or the
Officer in Charge, San Nicolas Island.
(4) Submarine cables within the restricted area pose a risk to the
equipment of vessels engaged in dredging, dragging, seining, anchoring
and other bottom contact operations. Appropriate care must be taken to
avoid damage.
(5) Closure Periods. Notice that the restricted area or section(s)
ALPHA, BRAVO, or CHARLIE are closed to entry shall be given by radio
broadcast Monday through Friday at 0900 and 1200 on 2638 kHz and 2738
kHz or by contacting ``PLEAD CONTROL'' on VHF-FM radio channel 11 or
16. Closure information may also be requested by telephone between 0600
and 1800 Monday through Friday at (805) 989-8841 or via recorded
message at (805) 989-1470.
(6) The regulations in this section shall be enforced by personnel
attached to Naval Base Ventura County, Point Mugu, Calif., and by such
agencies as may be designated by the Commandant, 11th Naval District,
San Diego, Calif.
Dated: November 19, 2013.
James R. Hannon,
Chief, Operations and Regulatory, Directorate of Civil Works.
[FR Doc. 2013-28126 Filed 11-21-13; 8:45 am]
BILLING CODE 3720-58-P
