Atlantic Ocean South of Entrance to Chesapeake Bay Off Camp Pendleton, Virginia; Firing Range, 10087-10088 [2016-04215]

Download as PDF Federal Register / Vol. 81, No. 39 / Monday, February 29, 2016 / Rules and Regulations feet at mean high water and 25 feet at mean low water. The existing bridge operating regulations are found at 33 CFR 117.799(f). The Meadowbrook State Parkway Bridge, mile 12.8, across Sloop Channel has a vertical clearance in the closed position of 22 feet at mean high water and 25 feet at mean low water. The existing bridge operating regulations are found at 33 CFR 117.799(h). Long Creek and Sloop Channel are transited by commercial fishing and recreational vessel traffic. Under this temporary deviation, the Loop Parkway and the Meadowbrook State Parkway Bridges may remain in the closed position between 11 a.m. and 1 p.m. on September 18, 2016. Vessels able to pass under the bridge in the closed position may do so at any time. The bridges will not be able to open for emergencies and there are no immediate alternate routes for vessels to pass. The Coast Guard will also inform the users of the waterways through our Local and Broadcast Notices to Mariners of the change in operating schedule for the bridge so that vessels can arrange their transits to minimize any impact caused by the temporary deviation. In accordance with 33 CFR 117.35(e), the drawbridge must return to its regular operating schedule immediately at the end of the effective period of this temporary deviation. This deviation from the operating regulations is authorized under 33 CFR 117.35. Dated: February 23, 2016. C.J. Bisignano, Supervisory Bridge Management Specialist, First Coast Guard District. [FR Doc. 2016–04278 Filed 2–26–16; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF DEFENSE Department of the Army, Corps of Engineers 33 CFR Part 334 Atlantic Ocean South of Entrance to Chesapeake Bay Off Camp Pendleton, Virginia; Firing Range U.S. Army Corps of Engineers, Department of Defense. ACTION: Final rule. asabaliauskas on DSK5VPTVN1PROD with RULES AGENCY: The Corps of Engineers is establishing a permanent danger zone in waters of the Atlantic Ocean south of Rudee Inlet in Virginia Beach, Virginia. The Camp Pendleton firing range supports a myriad of stakeholders that include all components of the SUMMARY: VerDate Sep<11>2014 17:32 Feb 26, 2016 Jkt 238001 Department of Defense, including: U.S. Army, Army National Guard, Army Reserve, U.S. Navy, Navy Reserve, U.S. Marine Corps, U.S. Marine Corps Reserve, U.S. Air Force, Air Force National Guard, Air Force Reserve, U.S. Coast Guard, and the U.S. Coast Guard Reserve, as well as many nonDepartment of Defense units. Camp Pendleton, VA will provide an economical, safe training environment for individual live fire exercises, and collective units to conduct the minimum requirements for weapons qualification. The danger zone will increase the level of safety to the public in the vicinity of the live firing operations by providing additional notice of the hazards present. DATES: Effective date: March 30, 2016. ADDRESSES: U.S. Army Corps of Engineers, Attn: CECW–CO (David 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 Ms. Nicole Woodward, Corps of Engineers, Norfolk District, Regulatory Branch, at 757–201–7122. SUPPLEMENTARY INFORMATION: The proposed rule was published in the June 22, 2015, edition of the Federal Register (80 FR 35621) and the regulations.gov docket number was COE–2015–0006. In response to the proposal, three comments were received. The comments received from the Virginia Department of Historic Resources and Virginia Department of Conservation and Recreation stated that the proposed rule will have no adverse effect on historic properties and no adverse impacts on natural heritage resources. In addition, a comment was received in response to the proposal in the Federal Register objecting to the creation of a firing range and the environmental effects associated with it. This action is the establishment of a danger zone at an existing firing range which has been in use for the last century, therefore no new environmental impacts are proposed as a result of the action. In response to a request by the United States Navy, 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 of Engineers is amending 33 CFR part 334 for a permanent danger zone, in waters of the Atlantic Ocean south of Rudee Inlet in Virginia Beach, Virginia. The establishment of a permanent danger zone is necessary to protect the public PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 10087 from hazards associated with live firing operations. Administrative Requirements a. Review under Executive Order 12866. This 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). The Regulatory Flexibility Act generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to 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 Department of Defense and other government agency requirements for small arms training. Small entities can utilize navigable waters outside of the danger zone when the danger zone is activated. After considering the economic impacts of this final 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. This rule 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. 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 rule does not impose an enforceable duty among the private sector and, therefore, is not subject to the requirements of Section 202 or 205 of the Unfunded Mandates Reform Act (Public Laws 104– 4, 109 Stat. 48, 2 U.S.C. 1501 et seq.). We have also found under Section 203 of the Act, that small governments will not be significantly or uniquely affected by this rule. 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: E:\FR\FM\29FER1.SGM 29FER1 10088 Federal Register / Vol. 81, No. 39 / Monday, February 29, 2016 / Rules and Regulations Dated: February 17, 2016. Edward E. Belk, Jr., Chief, Operations and Regulatory Division, Directorate of Civil Works. PART 334—DANGER ZONE AND RESTRICTED AREA REGULATIONS 1. The authority citation for 33 CFR part 334 continues to read as follows: ■ [FR Doc. 2016–04215 Filed 2–26–16; 8:45 am] BILLING CODE 3720–58–P Authority: 40 Stat. 266 (33 U.S.C. 1) and 40 Stat. 892 (33 U.S.C. 3). ■ 2. Add § 334.405 to read as follows: ENVIRONMENTAL PROTECTION AGENCY asabaliauskas on DSK5VPTVN1PROD with RULES § 334.405 South of entrance to Chesapeake Bay off Camp Pendleton, Virginia; firing range. 40 CFR Part 52 (a) The danger zone. An area directly from Camp Pendleton extending offshore as denied by lines drawn as follows: Beginning at latitude 36°49′00″ N., longitude 75°58′04″ W.; thence to latitude 36°49′19″ N., longitude 75°57′41″ W.; thence to latitude 36°49′21″ N., longitude 75°57′32″ W.; thence to latitude 36°49′13″ N., longitude 75°56′44″ W.; thence to latitude 36°49′22″ N., longitude 75°55′48″ W.; thence to latitude 36°49′12″ N., longitude 75°55′46″ W.; thence to latitude 36°49′02″ N., longitude 75°55′45″ W.; thence to latitude 36°48′52″ N., longitude 75°55′45″ W.; thence to latitude 36°48′54″ N., longitude 75°56′42″ W.; thence to latitude 36°48′41″ N., longitude 75°57′28″ W.; thence to latitude 36°48′41″ N., longitude 75°57′37″ W.; thence to latitude 36°48′57″ N., longitude 75°58′04″ W. The datum for these coordinates is WGS84. (b) The regulations. (1) Persons and vessels shall proceed through the area with caution and shall remain therein no longer than necessary for purpose of transit. (2) When firing is in progress during daylight hours, red flags will be displayed at conspicuous locations on the beach. No firing will be done during the hours of darkness or low visibility. (3) Firing on the ranges shall be suspended as long as any persons or vessels are within the danger zone. (4) Lookout posts shall be manned by the activity or agency operating the firing range State Military Reservation, Camp Pendleton. (5) There shall be no firing on the range during periods of low visibility which would prevent the recognition of a vessel (to a distance of 7,500 yards) which is property displaying navigation lights, or which would preclude a vessel from observing the red range flags or lights. (c) Enforcement. The regulations in this section shall be enforced by the Adjutant General of Virginia, and such agencies as he or she may designate. VerDate Sep<11>2014 16:24 Feb 26, 2016 Jkt 238001 [EPA–R03–OAR–2016–0006; FRL–9942–90– Region 3] Approval and Promulgation of Air Quality Implementation Plans; Virginia; Prevention of Significant Deterioration; Fine Particulate Matter Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: The Environmental Protection Agency (EPA) is taking direct final action to approve revisions to the Commonwealth of Virginia State Implementation Plan (SIP) submitted by the Virginia Department of Environmental Quality (VADEQ) on behalf of the Commonwealth on July 22, 2014. VADEQ’s submittal revises Virginia’s Prevention of Significant Deterioration (PSD) air quality preconstruction permitting program to be consistent with the federal PSD regulations regarding the use of the significant monitoring concentration (SMC) and significant impact levels (SILs) for fine particulate matter (PM2.5) emissions. EPA is approving these revisions in accordance with the requirements of the Clean Air Act (CAA). SUMMARY: This rule is effective on April 29, 2016 without further notice, unless EPA receives adverse written comment by March 30, 2016. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R03– OAR–2016–0006 at http:// www.regulations.gov, or via email to johansen.amy@epa.gov. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, the EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) DATES: PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the ‘‘For Further Information Contact’’ section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/ commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Himanshu Vyas, (215) 814–2112, or by email at vyas.himanshu@epa.gov. SUPPLEMENTARY INFORMATION: I. Background The CAA at section 110(a)(2)(C) requires states to develop and submit to the EPA for approval into the SIP preconstruction review and permitting programs applicable to certain new and modified stationary sources of air pollutants for attainment and nonattainment areas that cover both major and minor new sources and modifications, collectively referred to as the New Source Review (NSR) SIP. The CAA NSR SIP program is composed of three separate programs: PSD, Nonattainment New Source Review (NNSR), and Minor NSR. PSD is established in part C of title I of the CAA and applies in areas that meet the National Ambient Air Quality Standards (NAAQS)—‘‘attainment areas,’’ as well as areas where there is insufficient information to determine if the area meets the NAAQS—‘‘unclassifiable areas.’’ The NNSR SIP program is established in part D of title I of the CAA and applies in areas that are not in attainment of the NAAQS— ‘‘nonattainment areas.’’ The Minor NSR SIP program addresses construction or modification activities that do not emit, or have the potential to emit, beyond certain major source thresholds, and thus do not qualify as ‘‘major’’ and applies regardless of the designation of the area in which a source is located. The EPA regulations governing the criteria that states must satisfy for EPA approval of the NSR programs as part of the SIP are contained in 40 CFR 51.160– 51.166. On October 20, 2010, EPA promulgated revisions to the existing E:\FR\FM\29FER1.SGM 29FER1

Agencies

[Federal Register Volume 81, Number 39 (Monday, February 29, 2016)]
[Rules and Regulations]
[Pages 10087-10088]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04215]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 334


Atlantic Ocean South of Entrance to Chesapeake Bay Off Camp 
Pendleton, Virginia; Firing Range

AGENCY: U.S. Army Corps of Engineers, Department of Defense.

ACTION: Final rule.

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

SUMMARY: The Corps of Engineers is establishing a permanent danger zone 
in waters of the Atlantic Ocean south of Rudee Inlet in Virginia Beach, 
Virginia. The Camp Pendleton firing range supports a myriad of 
stakeholders that include all components of the Department of Defense, 
including: U.S. Army, Army National Guard, Army Reserve, U.S. Navy, 
Navy Reserve, U.S. Marine Corps, U.S. Marine Corps Reserve, U.S. Air 
Force, Air Force National Guard, Air Force Reserve, U.S. Coast Guard, 
and the U.S. Coast Guard Reserve, as well as many non-Department of 
Defense units. Camp Pendleton, VA will provide an economical, safe 
training environment for individual live fire exercises, and collective 
units to conduct the minimum requirements for weapons qualification. 
The danger zone will increase the level of safety to the public in the 
vicinity of the live firing operations by providing additional notice 
of the hazards present.

DATES: Effective date: March 30, 2016.

ADDRESSES: U.S. Army Corps of Engineers, Attn: CECW-CO (David 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 Ms. Nicole Woodward, Corps of Engineers, Norfolk District, 
Regulatory Branch, at 757-201-7122.

SUPPLEMENTARY INFORMATION: The proposed rule was published in the June 
22, 2015, edition of the Federal Register (80 FR 35621) and the 
regulations.gov docket number was COE-2015-0006. In response to the 
proposal, three comments were received. The comments received from the 
Virginia Department of Historic Resources and Virginia Department of 
Conservation and Recreation stated that the proposed rule will have no 
adverse effect on historic properties and no adverse impacts on natural 
heritage resources. In addition, a comment was received in response to 
the proposal in the Federal Register objecting to the creation of a 
firing range and the environmental effects associated with it. This 
action is the establishment of a danger zone at an existing firing 
range which has been in use for the last century, therefore no new 
environmental impacts are proposed as a result of the action.
    In response to a request by the United States Navy, 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 of Engineers is amending 
33 CFR part 334 for a permanent danger zone, in waters of the Atlantic 
Ocean south of Rudee Inlet in Virginia Beach, Virginia. The 
establishment of a permanent danger zone is necessary to protect the 
public from hazards associated with live firing operations.

Administrative Requirements

    a. Review under Executive Order 12866. This 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). 
The Regulatory Flexibility Act generally requires an agency to prepare 
a regulatory flexibility analysis of any rule subject to 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 Department of 
Defense and other government agency requirements for small arms 
training. Small entities can utilize navigable waters outside of the 
danger zone when the danger zone is activated. After considering the 
economic impacts of this final 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. This rule 
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. 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 rule does not impose an enforceable 
duty among the private sector and, therefore, is not subject to the 
requirements of Section 202 or 205 of the Unfunded Mandates Reform Act 
(Public Laws 104-4, 109 Stat. 48, 2 U.S.C. 1501 et seq.). We have also 
found under Section 203 of the Act, that small governments will not be 
significantly or uniquely affected by this rule.

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:

[[Page 10088]]

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.  334.405 to read as follows:


Sec.  334.405  South of entrance to Chesapeake Bay off Camp Pendleton, 
Virginia; firing range.

    (a) The danger zone. An area directly from Camp Pendleton extending 
offshore as denied by lines drawn as follows: Beginning at latitude 
36[deg]49'00'' N., longitude 75[deg]58'04'' W.; thence to latitude 
36[deg]49'19'' N., longitude 75[deg]57'41'' W.; thence to latitude 
36[deg]49'21'' N., longitude 75[deg]57'32'' W.; thence to latitude 
36[deg]49'13'' N., longitude 75[deg]56'44'' W.; thence to latitude 
36[deg]49'22'' N., longitude 75[deg]55'48'' W.; thence to latitude 
36[deg]49'12'' N., longitude 75[deg]55'46'' W.; thence to latitude 
36[deg]49'02'' N., longitude 75[deg]55'45'' W.; thence to latitude 
36[deg]48'52'' N., longitude 75[deg]55'45'' W.; thence to latitude 
36[deg]48'54'' N., longitude 75[deg]56'42'' W.; thence to latitude 
36[deg]48'41'' N., longitude 75[deg]57'28'' W.; thence to latitude 
36[deg]48'41'' N., longitude 75[deg]57'37'' W.; thence to latitude 
36[deg]48'57'' N., longitude 75[deg]58'04'' W. The datum for these 
coordinates is WGS84.
    (b) The regulations. (1) Persons and vessels shall proceed through 
the area with caution and shall remain therein no longer than necessary 
for purpose of transit.
    (2) When firing is in progress during daylight hours, red flags 
will be displayed at conspicuous locations on the beach. No firing will 
be done during the hours of darkness or low visibility.
    (3) Firing on the ranges shall be suspended as long as any persons 
or vessels are within the danger zone.
    (4) Lookout posts shall be manned by the activity or agency 
operating the firing range State Military Reservation, Camp Pendleton.
    (5) There shall be no firing on the range during periods of low 
visibility which would prevent the recognition of a vessel (to a 
distance of 7,500 yards) which is property displaying navigation 
lights, or which would preclude a vessel from observing the red range 
flags or lights.
    (c) Enforcement. The regulations in this section shall be enforced 
by the Adjutant General of Virginia, and such agencies as he or she may 
designate.

    Dated: February 17, 2016.
Edward E. Belk, Jr.,
Chief, Operations and Regulatory Division, Directorate of Civil Works.
[FR Doc. 2016-04215 Filed 2-26-16; 8:45 am]
 BILLING CODE 3720-58-P