Pacific Ocean off the Pacific Missile Range Facility at Barking Sands, Island of Kauai, Hawaii; Danger Zone., 76060-76061 [2013-29878]
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76060
Federal Register / Vol. 78, No. 241 / Monday, December 16, 2013 / Rules and Regulations
*
Dated: December 11, 2013.
Bernadette Dunham,
Director, Center for Veterinary Medicine.
the existing danger zone to include an
area necessary to protect the public from
potential hazards associated with
weapon systems testing, other military
testing and training activities, and
increased threat conditions. Similar to
the original danger zone, the expanded
danger zone prohibits any activity by
the public within the danger zone
during range operations, weapon
systems testing, other military testing
and training activities, increases in force
protection and other mission-essential
evolutions without first obtaining
permission from the Commanding
Officer, Pacific Missile Range Facility to
ensure public safety and/or installation
good order. The expanded danger zone
extends 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. Only the
portions of the danger zone necessary to
safely conduct range operations will be
activated.
DATES: Effective date: January 15, 2014.
FOR FURTHER INFORMATION CONTACT: Mr.
David Olson, Headquarters, Operations
and Regulatory Community of Practice,
Washington, DC at 202–761–4922, or
Ms. Susan Meyer, Corps of Engineers,
Honolulu District, Regulatory Branch at
808–835–4599 or by email at
susan.a.meyer@usace.army.mil.
SUPPLEMENTARY INFORMATION:
Background
authority delegated to the Commissioner
of Food and Drugs and redelegated to
the Center for Veterinary Medicine, 21
CFR part 558 is amended as follows:
PART 558—NEW ANIMAL DRUGS FOR
USE IN ANIMAL FEEDS
1. The authority citation for 21 CFR
part 558 continues to read as follows:
■
Authority: 21 U.S.C. 360b, 371.
2. In § 558.95, revise the introductory
text in paragraphs (d)(4)(iii) and
(d)(4)(iv), and the first sentence in
paragraph (d)(4)(iii)(d) to read as
follows:
■
§ 558.95
Bambermycins.
*
*
*
*
(d) * * *
(4) * * *
(iii) Used as a free-choice Type C
medicated loose-mineral feed for
pasture cattle (slaughter, stocker, and
feeder cattle; and beef replacement
heifers) as follows:
*
*
*
*
*
(d) Limitations. For free-choice
feeding to pasture cattle (slaughter,
stocker, and feeder cattle; and beef
replacement heifers). * * *
(iv) Use free-choice Type C medicated
feeds for pasture cattle (slaughter,
stocker, and feeder cattle; and beef
replacement heifers) as follows:
*
*
*
*
*
[FR Doc. 2013–29810 Filed 12–13–13; 8:45 am]
BILLING CODE 4160–01–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.
ACTION:
Final rule.
The Corps of Engineers is
amending its regulations for the 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 weapon
systems testing and other military
testing and training activities at the
Pacific Missile Range Facility. The
amendment expands the boundaries of
pmangrum on DSK3VPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
13:31 Dec 13, 2013
Jkt 232001
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 amending the
regulations at 33 CFR 334.1390 by
expanding the boundaries of 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 proposed rule was published in
the July 1, 2013 issue of the Federal
Register (78 FR 39198; docket number
COE–2013–0007). Comments and
statements were received from nine
commenters in response to the Federal
Register notice and the Corps of
Engineers local Public Notice. The
majority of the commenters opposed the
expansion of the existing danger zone
based on concerns that public access to
the beach fronting the Pacific Missile
Range Facility and the off-shore waters
used by waterborne recreationalists,
such as surfers, boaters, and fishermen,
would be further restricted as a result of
the amended danger zone.
PO 00000
Frm 00030
Fmt 4700
Sfmt 4700
The expansion of the danger zone
boundaries will not increase the
frequency with which the danger zone
is activated for public safety and
military security during range
operations, weapon systems testing,
other military testing and training
activities, increases in force protection,
and other mission-essential evolutions.
Residents and visitors who typically use
these waters off Pacific Missile Range
Facility should not see any change in
practice; the danger zone will continue
to be activated only in limited
circumstances and on a temporary basis.
The intent of the danger zone is to
ensure public access is controlled
during the infrequent times of increased
force protection, range operations,
weapon systems training, and other
military testing and training activities to
minimize the potential for injury to
individuals and property.
In addition, the State of Hawaii,
Coastal Zone Management Program
commented that the proposed federal
action to amend the danger zone is
subject to federal consistency review
under the Coastal Zone Management
Act of 1972 and therefore, requires the
U.S. Navy to obtain concurrence from
the state that the federal activity is
consistent with the policies of the
Hawaii Coastal Zone Management
Program.
The U.S. Navy prepared a federal
consistency determination for the
proposed federal action and coordinated
the document with the State of Hawaii
Coastal Zone Management Program. In a
letter dated September 13, 2013, the
Hawaii Coastal Zone Management
Program office concurred with the U.S.
Navy’s consistency determination,
indicating the proposed activity is
consistent to the maximum extent
practicable with the enforceable policies
of the Hawaii Coastal Zone Management
Program.
Procedural Requirements
a. Review Under Executive Order 12866
This final 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 final 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). The Corps determined
E:\FR\FM\16DER1.SGM
16DER1
Federal Register / Vol. 78, No. 241 / Monday, December 16, 2013 / Rules and Regulations
that the amendment of this danger zone
has practically no economic impact on
the public, no anticipated navigational
hazard, or interference with existing
waterway traffic. This final rule 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 determined this amendment
to the regulation will not have a
significant impact to the quality of the
human environment and, therefore,
preparation of an environmental impact
statement is not required. An
environmental assessment (EA) was
prepared after the public notice period
closed and all comments received from
the public were considered. The
environmental assessment may be
viewed at the District office listed at the
end of the FOR FURTHER INFORMATION
CONTACT section, above.
d. Unfunded Mandates Act
This final 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. The Corps has
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 amends 33 CFR
part 334 as follows:
PART 334—DANGER ZONE AND
RESTRICTED AREA REGULATIONS
1. The authority citation for 33 CFR
part 334 continues to read as follows:
■
Authority: 40 Stat. 266 (33 U.S.C. 1) and
40 Stat. 892 (33 U.S.C. 3).
2. Revise § 334.1390 to read as
follows:
pmangrum on DSK3VPTVN1PROD with RULES
■
§ 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
VerDate Mar<15>2010
13:31 Dec 13, 2013
Jkt 232001
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, https://
www.cnic.navy.mil/PMRF/, and
Facebook page, https://
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) Consistent with paragraph (b)(2) of
this section, the enforcing agency is
authorized to prohibit access into the
danger zone by anyone, and all willful
violations of the enforcing agency’s
prohibitions are punishable under 33
U.S.C. 3.
(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.
PO 00000
Frm 00031
Fmt 4700
Sfmt 4700
76061
Dated: December 11, 2013.
James R. Hannon,
Chief, Operations and Regulatory Directorate
of Civil Works.
[FR Doc. 2013–29878 Filed 12–13–13; 8:45 am]
BILLING CODE 3720–58–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 17
RIN 2900–AO46
Authorization for Non-VA Medical
Services
Department of Veterans Affairs.
Final rule.
AGENCY:
ACTION:
This Department of Veterans
Affairs (VA) rulemaking amends VA’s
regulations regarding payment by VA
for medical services under VA’s
statutory authority for non-VA medical
care. In the Federal Register on
November 28, 2012, VA proposed to
remove an outdated regulatory
limitation on veterans’ eligibility to be
referred for non-VA medical care. On
the same date, VA also published a
companion direct final rule that would
have made the same amendments
effective on January 28, 2013, if no
significant adverse comments were
received. Because VA received adverse
comments on the direct final rule, VA
is withdrawing it in a companion
document in this issue of the Federal
Register. This rulemaking includes VA’s
responses to comments on the proposed
and direct final rules.
DATES: Effective Date: This rule is
effective January 15, 2014.
FOR FURTHER INFORMATION CONTACT: Lisa
Brown, Chief, Policy Management
Department, Department of Veterans
Affairs, Chief Business Office,
Purchased Care, 3773 Cherry Creek
North Drive, Suite 450, Denver, CO
80209 at (303) 331–7829. This is not a
toll-free number.
SUPPLEMENTARY INFORMATION: On
November 28, 2012, VA proposed a rule
in the Federal Register, at 77 FR 70967,
to amend its regulations authorizing
non-VA medical care. Under our nonVA medical care authority in 38 U.S.C.
1703, VA may provide certain hospital
care (inpatient care) and medical
services (outpatient care) for eligible
veterans when VA facilities are not
capable of providing economical
services due to geographical
inaccessibility or are not capable of
providing the services needed. VA
proposed to revise its existing
regulation, at 38 CFR 17.52(a)(2)(ii), to
SUMMARY:
E:\FR\FM\16DER1.SGM
16DER1
]]>Agencies
[Federal Register Volume 78, Number 241 (Monday, December 16, 2013)]
[Rules and Regulations]
[Pages 76060-76061]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-29878]
=======================================================================
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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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Corps of Engineers is amending its regulations for the
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 weapon systems testing and other military testing and training
activities at the Pacific Missile Range Facility. The amendment expands
the boundaries of the existing danger zone to include an area necessary
to protect the public from potential hazards associated with weapon
systems testing, other military testing and training activities, and
increased threat conditions. Similar to the original danger zone, the
expanded danger zone prohibits any activity by the public within the
danger zone during range operations, weapon systems testing, other
military testing and training activities, increases in force protection
and other mission-essential evolutions without first obtaining
permission from the Commanding Officer, Pacific Missile Range Facility
to ensure public safety and/or installation good order. The expanded
danger zone extends 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. Only the
portions of the danger zone necessary to safely conduct range
operations will be activated.
DATES: Effective date: January 15, 2014.
FOR FURTHER INFORMATION CONTACT: Mr. David Olson, Headquarters,
Operations and Regulatory Community of Practice, Washington, DC at 202-
761-4922, or Ms. Susan Meyer, Corps of Engineers, Honolulu District,
Regulatory Branch at 808-835-4599 or by email at
susan.a.meyer@usace.army.mil.
SUPPLEMENTARY INFORMATION:
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 amending the regulations at 33 CFR 334.1390 by expanding
the boundaries of 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 proposed rule was published in the July 1, 2013 issue of the
Federal Register (78 FR 39198; docket number COE-2013-0007). Comments
and statements were received from nine commenters in response to the
Federal Register notice and the Corps of Engineers local Public Notice.
The majority of the commenters opposed the expansion of the existing
danger zone based on concerns that public access to the beach fronting
the Pacific Missile Range Facility and the off-shore waters used by
waterborne recreationalists, such as surfers, boaters, and fishermen,
would be further restricted as a result of the amended danger zone.
The expansion of the danger zone boundaries will not increase the
frequency with which the danger zone is activated for public safety and
military security during range operations, weapon systems testing,
other military testing and training activities, increases in force
protection, and other mission-essential evolutions. Residents and
visitors who typically use these waters off Pacific Missile Range
Facility should not see any change in practice; the danger zone will
continue to be activated only in limited circumstances and on a
temporary basis. The intent of the danger zone is to ensure public
access is controlled during the infrequent times of increased force
protection, range operations, weapon systems training, and other
military testing and training activities to minimize the potential for
injury to individuals and property.
In addition, the State of Hawaii, Coastal Zone Management Program
commented that the proposed federal action to amend the danger zone is
subject to federal consistency review under the Coastal Zone Management
Act of 1972 and therefore, requires the U.S. Navy to obtain concurrence
from the state that the federal activity is consistent with the
policies of the Hawaii Coastal Zone Management Program.
The U.S. Navy prepared a federal consistency determination for the
proposed federal action and coordinated the document with the State of
Hawaii Coastal Zone Management Program. In a letter dated September 13,
2013, the Hawaii Coastal Zone Management Program office concurred with
the U.S. Navy's consistency determination, indicating the proposed
activity is consistent to the maximum extent practicable with the
enforceable policies of the Hawaii Coastal Zone Management Program.
Procedural Requirements
a. Review Under Executive Order 12866
This final 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 final 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). The Corps determined
[[Page 76061]]
that the amendment of this danger zone has practically no economic
impact on the public, no anticipated navigational hazard, or
interference with existing waterway traffic. This final rule 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 determined this
amendment to the regulation will not have a significant impact to the
quality of the human environment and, therefore, preparation of an
environmental impact statement is not required. An environmental
assessment (EA) was prepared after the public notice period closed and
all comments received from the public were considered. The
environmental assessment may be viewed at the District office listed at
the end of the FOR FURTHER INFORMATION CONTACT section, above.
d. Unfunded Mandates Act
This final 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. The Corps has 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 amends 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. 334.1390 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, https://www.cnic.navy.mil/PMRF/,
and Facebook page, https://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) Consistent with paragraph (b)(2) of this section, the enforcing
agency is authorized to prohibit access into the danger zone by anyone,
and all willful violations of the enforcing agency's prohibitions are
punishable under 33 U.S.C. 3.
(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: December 11, 2013.
James R. Hannon,
Chief, Operations and Regulatory Directorate of Civil Works.
[FR Doc. 2013-29878 Filed 12-13-13; 8:45 am]
BILLING CODE 3720-58-P
