Oregon Army National Guard Danger Zone, Camp Rilea, Clatsop County, Oregon, 9384-9385 [2015-03626]

Download as PDF 9384 Federal Register / Vol. 80, No. 35 / Monday, February 23, 2015 / Rules and Regulations emcdonald on DSK67QTVN1PROD with RULES occurs later, report the inspection results to Short Brothers & Harland Ltd. by completing the Inspection Results Proforma following the instructions of paragraph 3.C.(2) of SAFRAN Messier-Buggatti-Dowty Service Bulletin No. 32–17M, dated November 1, 2014. You can find contact information for Short Brothers & Harland Ltd. in paragraph (h) of this AD. (5) From March 30, 2015 (the effective date of this AD), you may install a sliding tube on an NLG provided that, before next flight after installation, the NLG sliding tube passes the inspections in paragraphs (f)(1) and (f)(2) of this AD following the instructions of paragraph 3 of SAFRAN Messier-BuggattiDowty Service Bulletin No. 32–17M, dated November 1, 2014. (g) Other FAA AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, Standards Office, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Doug Rudolph, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329–4059; fax: (816) 329– 4090; email: doug.rudolph@faa.gov. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector (PI) in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO. (2) Airworthy Product: For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service. (3) Reporting Requirements: For any reporting requirement in this AD, a federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a current valid OMB Control Number. The OMB Control Number for this information collection is 2120–0056. Public reporting for this collection of information is estimated to be approximately 5 minutes per response, including the time for reviewing instructions, completing and reviewing the collection of information. All responses to this collection of information are mandatory. Comments concerning the accuracy of this burden and suggestions for reducing the burden should be directed to the FAA at: 800 Independence Ave. SW., Washington, DC 20591, Attn: Information Collection Clearance Officer, AES–200. (h) Related Information Refer to MCAI European Aviation Safety Agency (EASA) AD No.: 2014–0246, dated November 12, 2014; and Shorts Service Bulletin Number 32–74, dated November 1, VerDate Sep<11>2014 13:12 Feb 20, 2015 Jkt 235001 2014, for related information. The MCAI can be found in the AD docket on the Internet at: http://www.regulations.gov/ #!documentDetail;D=FAA-2014-1001-0002. For Short Brothers & Harland Ltd. service information identified in this AD, contact Airworthiness, Short Brothers PLC, P.O. Box 241, Airport Road, Belfast, BT3 9DZ Northern Ireland, United Kingdom; phone: +44–2890– 462469, fax: 44–2890–733647, email: michael.mulholland@aero.bombardier.com, internet: None. (i) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this service information as applicable to do the actions required by this AD, unless the AD specifies otherwise. (i) SAFRAN Messier-Buggatti-Dowty Service Bulletin No. 32–17M, dated November 1, 2014. (ii) Reserved. (3) For SAFRAN Messier-Buggatti-Dowty service information identified in this AD, contact Messier-Dowty Limited, Cheltenham Road, Gloucester GL2 9QH, ENGLAND; phone: +44(0)1452 712424; fax: +44(0)1452 713821; email: americacsc@safranmbd.com, Internet: http://www.safranmbd.com. (4) You may view this service information at the FAA, Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For information on the availability of this material at the FAA, call (816) 329–4148. In addition, you can access this service information on the Internet at http:// www.regulations.gov by searching for and locating Docket No. FAA–2014–1001. (6) You may view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http:// www.archives.gov/federal-register/cfr/ibrlocations.html. Issued in Kansas City, Missouri, on February 6, 2015. Robert Busto, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. 2015–03165 Filed 2–20–15; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF DEFENSE Department of the Army, Corps of Engineers 33 CFR Part 334 Oregon Army National Guard Danger Zone, Camp Rilea, Clatsop County, Oregon AGENCY: U.S. Army Corps of Engineers, DoD ACTION: PO 00000 Final rule. Frm 00026 Fmt 4700 Sfmt 4700 The U.S. Army Corps of Engineers is establishing a new danger zone in the waters adjacent to Camp Rilea located in Clatsop County, Oregon. The regulation prohibits any activity by the public within the danger zone during use of weapons training ranges. The new danger zone is necessary to ensure public safety and satisfy the Oregon National Guard operations requirements for small arms training. DATES: Effective March 25, 2015. ADDRESSES: U.S. Army Corps of Engineers, Attn: CECW–CO (David B. Olson), 441 G Street NW., Washington, DC 20314–1000. FOR FURTHER INFORMATION CONTACT: Mr. David Olson, Headquarters, Operations and Regulatory Community of Practice, Washington, DC at 202–761–4922 or Mr. Steve Gagnon, U.S. Army Corps of Engineers, Portland District, Regulatory Branch, at 503–808–4379. SUPPLEMENTARY INFORMATION: In response to a request from the Oregon Army National Guard, and 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 is amending the regulations at 33 CFR part 334 to establish a new danger zone. The danger zone will prohibit access to waters adjacent to Camp Rilea during use of weapons training ranges, thereby ensuring that no threat is posed to passing water traffic due to ricochet rounds. The proposed rule was published in the May 2, 2012, issue of the Federal Register (77 FR 25952), and its regulations.gov docket number is COE– 2011–0036. Three state agencies responded to the notice with comments. Most of the comments were regarding public access and notification methods. Oregon law created a recreation easement in 1967 guaranteeing access to the beaches for everyone. The commenting agencies expressed concerns that these closures would impinge on this recreational access, especially during periods of heavy recreational use such as clam harvesting activities. Oregon Parks and Recreation Department developed an interagency agreement with the Oregon Military Department detailing when closures can and cannot occur and procedures for those closures to ensure public safety. For example, the closures will not be scheduled during low tides most favorable for clam digging; there will be 15 minutes of cease fire during each hour of closure to allow passage by boats and beach goers through the restricted area; and Oregon Military SUMMARY: E:\FR\FM\23FER1.SGM 23FER1 Federal Register / Vol. 80, No. 35 / Monday, February 23, 2015 / Rules and Regulations emcdonald on DSK67QTVN1PROD with RULES Department will maintain a Web site to disseminate information about closures. Oregon Department of Fish and Wildlife also had concerns about potential disturbance to sensitive wildlife species, including Steller sea lions, snowy plovers, and sea turtles. The use of the danger zone is not expected to increase impacts to any wildlife. A danger zone is a buffer established around a firing range for unexpected errant rounds or explosive fragments. In addition, establishing a buffer is intended to increase public safety during training on the firing ranges, but is not granting permission for the National Guard to perform training. Increased activity due to the danger zone determination would be limited to hanging warning flags and posting guards on the beach. This type of activity is entirely consistent with existing activity on the beach and would not increase impacts to sensitive wildlife species in the area. environmental impact statement is not required. An environmental assessment has been prepared and may be reviewed at the District office listed at the end of the FOR FURTHER INFORMATION CONTACT section, above. d. Unfunded Mandates Act. This rule does not impose an enforceable duty among the private sector and, therefore, it is not a Federal private section 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. 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 rule has been reviewed under the Regulatory Flexibility Act (Pub. L. 96–354). The Regulatory Flexibility Act generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to the notice-and-comment rulemaking requirements under the Administrative Procedure Act or any other statute unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities (i.e., small businesses and small governments). The danger zone is necessary to protect public safety and satisfy the Oregon National Guard’s operations requirements for small arms training. Small entities can utilize navigable waters in the danger zone when the danger zone is not activated by the Oregon National Guard. When the danger zone is activated, small entities can utilize navigable waters outside of the danger zone. After considering the economic impacts of this danger zone regulation on small entities, I certify that this action will not have a significant impact on a substantial number of small entities. c. Review Under the National Environmental Policy Act. The Corps has determined that this regulation will not have a significant impact to the quality of the human environment and, therefore, preparation of an PART 334—DANGER ZONE AND RESTRICTED AREA REGULATIONS VerDate Sep<11>2014 13:12 Feb 20, 2015 Jkt 235001 List of Subjects in 33 CFR Part 334 Danger Zones, Marine Safety, Navigation (water), Restricted Areas, Waterways. For the reasons stated in the preamble, the Corps amends 33 CFR part 334 as follows: 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. Add § 334.1175 to read as follows: § 334.1175 Pacific Ocean, at Camp Rilea, Clatsop County, Oregon; Danger Zone. (a) The danger zone. The danger zone shall encompass all navigable waters of the United States, as defined at 33 CFR part 329, within an area bounded as follows: Beginning at latitude 46°09′00.32″ N, longitude 123°57′52.57″ W; thence to latitude 46°09′00.32″ N, longitude 124°01′03.92″ W; thence to latitude 46°05′25.38″ N, longitude 124°01′03.92″ W; thence to latitude 46°05′25.38″ N, longitude 123°56′23.19″ W. The datum for these coordinates is WGS84. (b) The regulations. (1) No person or vessel shall enter or remain in the danger zone when restrictions are in force during weapons range training activities. At all other times, nothing in this regulation prohibits any lawful uses of this area. (2) A schedule for proposed closures of the danger zone will be furnished to the Coast Guard, Astoria Command Center one week in advance of range training activities to provide local notice to mariners. Changes to the schedule made less than one week in advance of the event will be transmitted to the Command Center on the day the change is made. (3) At least 30 minutes prior to restricting navigation in the danger PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 9385 zone, red flags will be raised on wooden poles immediately next to the beach at the north and south boundaries of Camp Rilea. The red flags will remain flying while the ranges are in use. During night weapons training activities, red lights will be substituted for the flags. Closure announcements will be broadcast over marine VHF Channel 16/19. When range training activities are completed, the red flags will be removed and an announcement made over marine VHF Channel 16/19 that restrictions are lifted. (4) When restrictions are in force, Camp Rilea will visually monitor the danger zone using radar and guards, equipped with binoculars and two-way radios, posted on the beach near the north and south boundaries of the Camp. If a vessel is detected in the danger zone, a cease fire will be called on all active weapons ranges and Camp Rilea will attempt to contact the vessel using marine VHF radio. Cease fire will be maintained until the vessel leaves the danger zone. (c) Enforcement. The regulations in this section shall be enforced by the Commanding Officer, Camp Rilea, Oregon and such agencies as he/she may designate. Dated: February 18, 2015. Edward E. Belk, Jr., Chief, Operations and Regulatory Division, Directorate of Civil Works. [FR Doc. 2015–03626 Filed 2–20–15; 8:45 am] BILLING CODE 3720–58–P DEPARTMENT OF DEFENSE Department of the Army, Corps of Engineers 33 CFR Part 334 St. Johns River, U.S. Coast Guard Station Mayport, Sector Jacksonville, Florida; Restricted Area United States Army Corps of Engineers, DoD. ACTION: Final rule. AGENCY: The U.S. Army Corps of Engineers (Corps) is amending its restricted area/danger zone regulations to establish a new restricted area in the waters surrounding U.S. Coast Guard Sector Jacksonville facilities at Station Mayport, Jacksonville, Florida (Station Mayport). Station Mayport is situated on the south side of the St. Johns River which, as the primary federal navigable channel entering the Port of Jacksonville, is heavily transited by commercial and recreational vessels. This United States Coast Guard (USCG) SUMMARY: E:\FR\FM\23FER1.SGM 23FER1

Agencies

[Federal Register Volume 80, Number 35 (Monday, February 23, 2015)]
[Rules and Regulations]
[Pages 9384-9385]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-03626]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 334


Oregon Army National Guard Danger Zone, Camp Rilea, Clatsop 
County, Oregon

AGENCY: U.S. Army Corps of Engineers, DoD

ACTION: Final rule.

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SUMMARY: The U.S. Army Corps of Engineers is establishing a new danger 
zone in the waters adjacent to Camp Rilea located in Clatsop County, 
Oregon. The regulation prohibits any activity by the public within the 
danger zone during use of weapons training ranges. The new danger zone 
is necessary to ensure public safety and satisfy the Oregon National 
Guard operations requirements for small arms training.

DATES: Effective March 25, 2015.

ADDRESSES: U.S. Army Corps of Engineers, Attn: CECW-CO (David B. 
Olson), 441 G Street NW., Washington, DC 20314-1000.

FOR FURTHER INFORMATION CONTACT: Mr. David Olson, Headquarters, 
Operations and Regulatory Community of Practice, Washington, DC at 202-
761-4922 or Mr. Steve Gagnon, U.S. Army Corps of Engineers, Portland 
District, Regulatory Branch, at 503-808-4379.

SUPPLEMENTARY INFORMATION: In response to a request from the Oregon 
Army National Guard, and 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 is amending the regulations at 33 CFR part 334 to 
establish a new danger zone. The danger zone will prohibit access to 
waters adjacent to Camp Rilea during use of weapons training ranges, 
thereby ensuring that no threat is posed to passing water traffic due 
to ricochet rounds.
    The proposed rule was published in the May 2, 2012, issue of the 
Federal Register (77 FR 25952), and its regulations.gov docket number 
is COE-2011-0036. Three state agencies responded to the notice with 
comments. Most of the comments were regarding public access and 
notification methods. Oregon law created a recreation easement in 1967 
guaranteeing access to the beaches for everyone. The commenting 
agencies expressed concerns that these closures would impinge on this 
recreational access, especially during periods of heavy recreational 
use such as clam harvesting activities. Oregon Parks and Recreation 
Department developed an interagency agreement with the Oregon Military 
Department detailing when closures can and cannot occur and procedures 
for those closures to ensure public safety. For example, the closures 
will not be scheduled during low tides most favorable for clam digging; 
there will be 15 minutes of cease fire during each hour of closure to 
allow passage by boats and beach goers through the restricted area; and 
Oregon Military

[[Page 9385]]

Department will maintain a Web site to disseminate information about 
closures.
    Oregon Department of Fish and Wildlife also had concerns about 
potential disturbance to sensitive wildlife species, including Steller 
sea lions, snowy plovers, and sea turtles. The use of the danger zone 
is not expected to increase impacts to any wildlife. A danger zone is a 
buffer established around a firing range for unexpected errant rounds 
or explosive fragments. In addition, establishing a buffer is intended 
to increase public safety during training on the firing ranges, but is 
not granting permission for the National Guard to perform training. 
Increased activity due to the danger zone determination would be 
limited to hanging warning flags and posting guards on the beach. This 
type of activity is entirely consistent with existing activity on the 
beach and would not increase impacts to sensitive wildlife species in 
the area.

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 rule has been 
reviewed under the Regulatory Flexibility Act (Pub. L. 96-354). The 
Regulatory Flexibility Act generally requires an agency to prepare a 
regulatory flexibility analysis of any rule subject to the notice-and-
comment rulemaking requirements under the Administrative Procedure Act 
or any other statute unless the agency certifies that the rule will not 
have a significant economic impact on a substantial number of small 
entities (i.e., small businesses and small governments). The danger 
zone is necessary to protect public safety and satisfy the Oregon 
National Guard's operations requirements for small arms training. Small 
entities can utilize navigable waters in the danger zone when the 
danger zone is not activated by the Oregon National Guard. When the 
danger zone is activated, small entities can utilize navigable waters 
outside of the danger zone. After considering the economic impacts of 
this danger zone regulation on small entities, I certify that this 
action will not have a significant impact on a substantial number of 
small entities.
    c. Review Under the National Environmental Policy Act. The Corps 
has determined that this 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 has been prepared and may be reviewed at the District office 
listed at the end of the FOR FURTHER INFORMATION CONTACT section, 
above.
    d. Unfunded Mandates Act. This rule does not impose an enforceable 
duty among the private sector and, therefore, it is not a Federal 
private section mandate and it is not subject to the requirements of 
either section 202 or Section 205 of the Unfunded Mandates Act. We have 
also found under Section 203 of the Act that small governments will not 
be significantly and uniquely affected by this rulemaking.

List of Subjects in 33 CFR Part 334

    Danger Zones, Marine Safety, Navigation (water), Restricted Areas, 
Waterways.

    For the reasons stated in the preamble, the Corps 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. Add Sec.  334.1175 to read as follows:


Sec.  334.1175  Pacific Ocean, at Camp Rilea, Clatsop County, Oregon; 
Danger Zone.

    (a) The danger zone. The danger zone shall encompass all navigable 
waters of the United States, as defined at 33 CFR part 329, within an 
area bounded as follows: Beginning at latitude 46[deg]09'00.32'' N, 
longitude 123[deg]57'52.57'' W; thence to latitude 46[deg]09'00.32'' N, 
longitude 124[deg]01'03.92'' W; thence to latitude 46[deg]05'25.38'' N, 
longitude 124[deg]01'03.92'' W; thence to latitude 46[deg]05'25.38'' N, 
longitude 123[deg]56'23.19'' W. The datum for these coordinates is 
WGS84.
    (b) The regulations. (1) No person or vessel shall enter or remain 
in the danger zone when restrictions are in force during weapons range 
training activities. At all other times, nothing in this regulation 
prohibits any lawful uses of this area.
    (2) A schedule for proposed closures of the danger zone will be 
furnished to the Coast Guard, Astoria Command Center one week in 
advance of range training activities to provide local notice to 
mariners. Changes to the schedule made less than one week in advance of 
the event will be transmitted to the Command Center on the day the 
change is made.
    (3) At least 30 minutes prior to restricting navigation in the 
danger zone, red flags will be raised on wooden poles immediately next 
to the beach at the north and south boundaries of Camp Rilea. The red 
flags will remain flying while the ranges are in use. During night 
weapons training activities, red lights will be substituted for the 
flags. Closure announcements will be broadcast over marine VHF Channel 
16/19. When range training activities are completed, the red flags will 
be removed and an announcement made over marine VHF Channel 16/19 that 
restrictions are lifted.
    (4) When restrictions are in force, Camp Rilea will visually 
monitor the danger zone using radar and guards, equipped with 
binoculars and two-way radios, posted on the beach near the north and 
south boundaries of the Camp. If a vessel is detected in the danger 
zone, a cease fire will be called on all active weapons ranges and Camp 
Rilea will attempt to contact the vessel using marine VHF radio. Cease 
fire will be maintained until the vessel leaves the danger zone.
    (c) Enforcement. The regulations in this section shall be enforced 
by the Commanding Officer, Camp Rilea, Oregon and such agencies as he/
she may designate.

    Dated: February 18, 2015.
Edward E. Belk, Jr.,
Chief, Operations and Regulatory Division, Directorate of Civil Works.
[FR Doc. 2015-03626 Filed 2-20-15; 8:45 am]
BILLING CODE 3720-58-P