Naval Base Ventura County, San Nicolas Island, California; Restricted Area, 70005-70007 [2013-28126]

Download as PDF 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 http://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 http://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] BILLING CODE 4910–13–P VerDate Mar<15>2010 14:00 Nov 21, 2013 Jkt 232001 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: http:// 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 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 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 E:\FR\FM\22NOP1.SGM 22NOP1 70006 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 VerDate Mar<15>2010 14:00 Nov 21, 2013 Jkt 232001 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. BILLING CODE 3720–58–P VerDate Mar<15>2010 14:00 Nov 21, 2013 Jkt 232001 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 Frm 00005 Fmt 4702 Sfmt 4702 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: http:// 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: E:\FR\FM\22NOP1.SGM 22NOP1

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: http://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 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. 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