Pacific Ocean at Naval Base Guam Telecommunication Site, Finegayan Small Arms Range, on the Northwestern Coast of Guam; Danger Zone, 64053-64055 [2018-27028]
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Federal Register / Vol. 83, No. 239 / Thursday, December 13, 2018 / Proposed Rules
State line and an unnamed road, known
locally as Bonnette Avenue, in
Thompson; then
(2) Proceed southeast along Bonnette
Avenue approximately 0.38 mile to its
intersection with an unnamed road
known locally as Sand Dam Road; then
(3) Proceed southeast along Sand Dam
Road approximately 1.5 miles to its
intersection with an unnamed road
known locally as Thompson Road; then
(4) Proceed south along Thompson
Road approximately 1,000 feet to its
intersection with an unnamed road
known locally as Quaddick Town Farm
Road; then
(5) Proceed east then south along
Quaddick Town Farm Road
approximately 5.5 miles into the town
of Putnam, where the road becomes
known as East Putnam Road, and
continuing south along East Putnam
Road approximately 1 mile to its
intersection with U.S. Highway 44; then
(6) Proceed west along U.S. Highway
44 approximately 1 mile to its
intersection with an unnamed road
known locally as Tucker Hill Road; then
(7) Proceed south along Tucker Hill
Road approximately 0.38 mile to its
intersection with an unnamed road
known locally as Five Mile River Road;
then
(8) Proceed southwest then west along
Five Mile River Road 1.75 miles to its
intersection with State Highway 21;
then
(9) Proceed south along State
Highway 21 approximately 2 miles to its
intersection with State Highway 12;
then
(10) Proceed south along State
Highway 12 approximately 1 mile to its
intersection with Five Mile River; then
(11) Proceed west along Five Mile
River approximately 0.13 mile to its
intersection with the highway marked
on the map State Highway 52 (also
known as Interstate 395); then
(12) Proceed south along State
Highway 52/Interstate 395
approximately 14.5 miles to its
intersection with State Highway 201;
then
(13) Proceed southeast along State
Highway 201 approximately 5.25 miles
to its intersection with State Highway
165; then
(14) Proceed southwest along State
Highway 165 approximately 10 miles to
its intersection with State Highway 2;
then
(15) Proceed west along State
Highway 2 approximately 1 mile to its
intersection with State Highway 82;
then
(16) Proceed southwest, then
northwest, then southwest along State
Highway 82 approximately 27.72 miles
VerDate Sep<11>2014
16:36 Dec 12, 2018
Jkt 247001
to its intersection with State Highway 9;
then
(17) Proceed southeast along State
Highway 9 approximately 3.7 miles to
its intersection with State Highway 80;
then
(18) Proceed west along State
Highway 80 approximately 15.7 miles to
its intersection with State Highway 77;
then
(19) Proceed north along State
Highway 77 approximately 8.3 miles to
its intersection with State Highway 17;
then
(20) Proceed northeast along State
Highway 17 approximately 6.8 miles to
the point where it becomes concurrent
with State Highway 9; then
(21) Proceed north along concurrent
State Highway 17–State Highway 9
approximately 0.75 mile the point
where State Highway 17 departs from
State Highway 9; then
(22) Proceed east along State Highway
17 approximately 0.25 mile, crossing
over the Connecticut River, to the
highway’s intersection with State
Highway 17A; then
(23) Proceed north along State
Highway 17A approximately 3 miles to
its intersection with State Highway 17;
then
(24) Proceed north along State
Highway 17 approximately 8 miles to its
intersection with State Highway 94;
then
(25) Proceed east along State Highway
94 approximately 4 miles to its
intersection with State Highway 83;
then
(26) Proceed north along State
Highway 83 approximately 25 miles,
returning to the beginning point.
SUMMARY:
Signed: June 25, 2018.
John J. Manfreda,
Administrator.
Approved: December 4, 2018.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and
Tariff Policy).
AGENCY:
[FR Doc. 2018–27016 Filed 12–12–18; 8:45 am]
BILLING CODE 4810–31–P
NATIONAL LABOR RELATIONS
BOARD
29 CFR Chapter I
RIN 3142–AA13
The Standard for Determining JointEmployer Status; Extension of
Comment Period
AGENCY:
National Labor Relations
Board.
Proposed rule; second extension
of comment period.
ACTION:
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64053
The National Labor Relations
Board (the Board) published a Notice of
Proposed Rulemaking in the Federal
Register of September 14, 2018, seeking
comments from the public concerning
the standard for determining jointemployer status under the National
Labor Relations Act. The date to submit
responses to the Notice of Proposed
Rulemaking is again extended for 30
days.
DATES: The comment period for the
notice of proposed rulemaking
published at 83 FR 46681, and first
extended at 83 FR 55329, is extended.
Comments must be received by the
Board on or before January 14, 2019.
Comments replying to the comments
submitted during the initial comment
period must be received by the Board on
or before January 21, 2019.
Dated: December 10, 2018.
Farah Z. Qureshi,
Associate Executive Secretary.
[FR Doc. 2018–27024 Filed 12–12–18; 8:45 am]
BILLING CODE P
DEPARTMENT OF DEFENSE
Department of the Army, Corps of
Engineers
33 CFR Part 334
[COE–2018–0005]
Pacific Ocean at Naval Base Guam
Telecommunication Site, Finegayan
Small Arms Range, on the
Northwestern Coast of Guam; Danger
Zone
U.S. Army Corps of Engineers,
DoD.
Notice of proposed rulemaking
and request for comments.
ACTION:
The U.S. Army Corps of
Engineers (Corps) is proposing to revise
the existing regulations to establish a
danger zone at the U.S. Naval Base
Guam Telecommunication Site in the
Pacific Ocean, Guam. The Navy
requested establishment of a danger
zone extending over the Pacific Ocean
adjacent to the Finegayan Small Arms
Range. Establishment of a danger zone
would intermittently restrict
commercial, public, and private vessels
from entering or lingering in the
restricted safety zone to ensure public
safety during small arms training
activities. This danger zone is necessary
to minimize potential conflicts between
local populace activities and ongoing
military training in the subject area.
DATES: Written comments must be
submitted on or before January 14, 2019.
SUMMARY:
E:\FR\FM\13DEP1.SGM
13DEP1
64054
Federal Register / Vol. 83, No. 239 / Thursday, December 13, 2018 / Proposed Rules
You may submit comments,
identified by docket number COE–
2018–0005, by any of the following
methods:
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Email: david.b.olson@usace.army.mil.
Include the docket number, COE–2018–
0005, 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–2018–0005. All
comments received will be included in
the public docket without change and
may be made available on-line at https://
www.regulations.gov, including any
personal information provided, unless
the commenter indicates that the
comment includes information claimed
to be Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute. Do
not submit information that you
consider to be CBI, or otherwise
protected, through regulations.gov or
email. The regulations.gov website 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 compact disc
you may 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
amozie on DSK3GDR082PROD with PROPOSALS1
ADDRESSES:
VerDate Sep<11>2014
16:36 Dec 12, 2018
Jkt 247001
publicly available only in hard copy
form.
Mr.
David Olson, Headquarters, Operations
and Regulatory Community of Practice,
Washington, DC at 202–761–4922 or Ms.
Karen Urelius, U.S. Army Corps of
Engineers, Honolulu District, Regulatory
Branch at 671–339–2108.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
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
is proposing to revise the regulations at
33 CFR part 334 by establishing a
danger zone in the Pacific Ocean. The
amendment to this regulation will allow
the Commanding Officer of the U.S.
Naval Base Guam to restrict passage of
persons, watercraft, and vessels in the
waters within the danger zone during
use of the Finegayan Small Arms Range.
The establishment of a danger zone
would intermittently restrict
commercial, public, and private vessels
from entering or lingering in the
restricted safety zone to ensure public
safety during small arms training
activities at the Finegayan Small Arms
Range. This danger zone will be in place
as a precautionary measure to protect
the public from any potential impacts in
firing small arms to the west.
The proposed establishment of this
danger zone was considered in the Final
Mariana Islands Training and Testing/
Overseas Environmental Impact
Statement prepared by the Navy. This
location is an existing range and meets
all of the landside requirements of a
small arms range. With limited land on
the island, it is not feasible to have the
firing range and safety zone completely
on land.
Military and Government of Guam
law enforcement agencies are required
to qualify with their assigned weapon
prior to executing their duties.
Additionally, other military forces
(ships, submarines, expeditionary forces
and other combat forces) are required to
qualify and maintain their qualifications
on the weapons needed to further the
execution of their assigned mission.
These ranges are not only used by forces
assigned to the island, but also
deployable military forces (Army, Navy,
Air Force, and Marines). The
Department of Defense requires frequent
firing of assigned weapons to ensure
proficiency in the use and operations of
assigned weapons.
Currently there are two other ranges
on Naval Base Guam that are being used
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Fmt 4702
Sfmt 4702
to support weapons qualifications.
However, due to the number of units
required to maintain weapon
qualifications, the two ranges are
insufficient. Both ranges are fully
booked with commands having to be
placed on a waiting list for range
availability.
Procedural Requirements
a. Review Under Executive Orders
12866 and 13563. Executive Orders
12866 and 13563 direct agencies to
assess the costs and benefits of available
regulatory alternatives and, if regulation
is necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This proposed rule
has not been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this
proposed rule has not been reviewed by
the Office of Management and Budget
(OMB), and pursuant to OMB guidance
it is exempt from the requirements of
Executive Order 13771.
The Corps determined this proposed
rule is not a significant regulatory
action. This regulatory action
determination is based on the proposed
rule governing the danger zone, which
allow any vessel that needs to transit the
danger zone to expeditiously transit
through the danger zone when the small
arms range is in use. When the range is
not in use, the danger zone will be open
to normal maritime traffic and to all
activities, include anchoring and
loitering. The proposed rule is issued
with respect to a military function of the
Department of Defense 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). 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 during use of the small
arms range. Unless information is
obtained to the contrary during the
comment period, the Corps certifies that
the proposed rule would have no
significant economic impact on the
public. After considering the economic
impacts of this proposed danger zone
E:\FR\FM\13DEP1.SGM
13DEP1
Federal Register / Vol. 83, No. 239 / Thursday, December 13, 2018 / Proposed Rules
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. 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 on 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.
d. Unfunded Mandates Act. This
proposed rule does not contain a
Federal mandate that may result in
expenditures of $100 million or more
for State, local, and Tribal governments,
in the aggregate, or the private sector in
any one year. Therefore, this proposed
rule is not subject to the requirements
of Sections 202 and 205 of the
Unfunded Mandates Reform Act
(UMRA). The proposed rule contains no
regulatory requirements that might
significantly or uniquely affect small
governments. Therefore, the proposed
rule is not subject to the requirements
of Section 203 of UMRA.
List of Subjects in 33 CFR Part 334
Danger zones, Navigation (water),
Restricted areas, Waterways.
For the reasons set forth in the
summary above, the Corps proposes to
amend 33 CFR part 334 as follows:
PART 334—DANGER ZONE AND
RESTRICTED AREA REGULATIONS
1. The authority citation for part 334
continues to read as follows:
amozie on DSK3GDR082PROD with PROPOSALS1
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2007–1092; FRL–9987–74–
Region 5]
The Environmental Protection
Agency (EPA) is proposing to approve
the rescission of Michigan rule 221 from
the Michigan state implementation plan
(SIP). Rule 221 exempted sources that
had significant net emission increases of
sulfur dioxide, particulate matter, and
carbon monoxide from offset
requirements. Michigan rescinded this
rule effective November 14, 1990.
DATES: Comments must be received on
or before January 14, 2019.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2007–1092 at https://
www.regulations.gov, or via email to
Damico.genvieve@epa.gov. For
comments submitted at Regulations.gov,
SUMMARY:
§ 334.1415 Pacific Ocean, adjacent to the
Finegayan Small Arms Range at Naval Base
Guam Telecommunication Site, on the
northwestern coast of Guam; danger zone.
(a) The area. Coordinates are bounded
by the following four points: Point A
(13°34′57″ N; 144°49′53″ E) following
the high tide line to Point B (13°35′49″
N; 144°47′59″ E), Point C (13°34′57″ N;
144°47′45″ E), and Point D (13°34′48″ N;
144°49′50″ E). The datum for these
coordinates is NAD–83.
(b) The regulation. (1) Vessels or
persons shall expeditiously transit
through the danger zone when the small
arms range is in use. Vessels shall not
be permitted to anchor or loiter within
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BILLING CODE 3720–58–P
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
2. Add § 334.1415 to read as follows:
16:36 Dec 12, 2018
[FR Doc. 2018–27028 Filed 12–12–18; 8:45 am]
AGENCY:
Authority: 40 Stat. 266 (33 U.S.C. 1) and
40 Stat. 892 (33 U.S.C. 3).
VerDate Sep<11>2014
Dated: December 6, 2018.
Thomas P. Smith,
Chief, Operations and Regulatory Division,
Directorate of Civil Works.
Air Plan Approval; Michigan; Michigan
Minor New Source Review
■
■
the danger zone while the range is in
use. Range activities shall be halted
until all vessels are cleared from the
danger zone. When the range is not in
use, the danger zone shall be open to
normal maritime traffic and all activities
to include anchoring and loitering.
(2) When the range is in use, the
person(s) or officer(s) in charge shall
display a red flag from a conspicuous
and easily-seen location along the
nearby shore to signify that the range is
in use and will post lookouts to ensure
the safety of all vessels transiting
through the area. If the range is in use
at night, a strobe light shall be displayed
from the same conspicuous and easilyseen location in lieu of flags. The range
shall not be used when visibility is
equal to or less than the maximum range
of the weapons being used at the
facility.
(c) Enforcement. The restrictions on
public access in this section shall be
enforced by the Commander, Joint
Region Marianas, and such agencies as
the Commander may designate in
writing.
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64055
follow the online instructions for
submitting comments. Once submitted,
comments cannot be edited or removed
from Regulations.gov. For either manner
of submission, EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
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. 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
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Constantine Blathras, Environmental
Engineer, Air Permits Section, Air
Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–0671,
Blathras.constantine@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This supplementary information
section is arranged as follows:
I. Background
Section 110(a)(2)(C) of the Clean Air
Act requires that the SIP include a
program to provide for the ‘‘regulation
of the modification and construction of
any stationary source within the areas
covered by the plan as necessary to
assure that national ambient air quality
standards are achieved.’’ This includes
a program for permitting construction
and modification of both major and
minor sources that the State deems
necessary to protect air quality. The
State of Michigan’s minor source permit
to install rules are contained in Part 2
(Air Use Approval) of the Michigan
Administrative Code. Changes to the
Part 2 rules were submitted on
November 12, 1993; May 16, 1996; April
3, 1998; September 2, 2003; March 24,
2009; and February 28, 2017. EPA
approved changes to the Part 2 rules
most recently in a final approval dated
August 31, 2018 (83 FR 44485).
E:\FR\FM\13DEP1.SGM
13DEP1
]]>Agencies
[Federal Register Volume 83, Number 239 (Thursday, December 13, 2018)]
[Proposed Rules]
[Pages 64053-64055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27028]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers
33 CFR Part 334
[COE-2018-0005]
Pacific Ocean at Naval Base Guam Telecommunication Site,
Finegayan Small Arms Range, on the Northwestern Coast of Guam; Danger
Zone
AGENCY: U.S. Army Corps of Engineers, DoD.
ACTION: Notice of proposed rulemaking and request for comments.
-----------------------------------------------------------------------
SUMMARY: The U.S. Army Corps of Engineers (Corps) is proposing to
revise the existing regulations to establish a danger zone at the U.S.
Naval Base Guam Telecommunication Site in the Pacific Ocean, Guam. The
Navy requested establishment of a danger zone extending over the
Pacific Ocean adjacent to the Finegayan Small Arms Range. Establishment
of a danger zone would intermittently restrict commercial, public, and
private vessels from entering or lingering in the restricted safety
zone to ensure public safety during small arms training activities.
This danger zone is necessary to minimize potential conflicts between
local populace activities and ongoing military training in the subject
area.
DATES: Written comments must be submitted on or before January 14,
2019.
[[Page 64054]]
ADDRESSES: You may submit comments, identified by docket number COE-
2018-0005, by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov. Follow the
instructions for submitting comments.
Email: [email protected]. Include the docket number,
COE-2018-0005, 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-2018-0005.
All comments received will be included in the public docket without
change and may be made available on-line at https://www.regulations.gov,
including any personal information provided, unless the commenter
indicates that the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI, or otherwise protected, through regulations.gov or
email. The regulations.gov website 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 compact disc you may 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 Ms. Karen Urelius, U.S. Army Corps of Engineers, Honolulu
District, Regulatory Branch at 671-339-2108.
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 is
proposing to revise the regulations at 33 CFR part 334 by establishing
a danger zone in the Pacific Ocean. The amendment to this regulation
will allow the Commanding Officer of the U.S. Naval Base Guam to
restrict passage of persons, watercraft, and vessels in the waters
within the danger zone during use of the Finegayan Small Arms Range.
The establishment of a danger zone would intermittently restrict
commercial, public, and private vessels from entering or lingering in
the restricted safety zone to ensure public safety during small arms
training activities at the Finegayan Small Arms Range. This danger zone
will be in place as a precautionary measure to protect the public from
any potential impacts in firing small arms to the west.
The proposed establishment of this danger zone was considered in
the Final Mariana Islands Training and Testing/Overseas Environmental
Impact Statement prepared by the Navy. This location is an existing
range and meets all of the landside requirements of a small arms range.
With limited land on the island, it is not feasible to have the firing
range and safety zone completely on land.
Military and Government of Guam law enforcement agencies are
required to qualify with their assigned weapon prior to executing their
duties. Additionally, other military forces (ships, submarines,
expeditionary forces and other combat forces) are required to qualify
and maintain their qualifications on the weapons needed to further the
execution of their assigned mission. These ranges are not only used by
forces assigned to the island, but also deployable military forces
(Army, Navy, Air Force, and Marines). The Department of Defense
requires frequent firing of assigned weapons to ensure proficiency in
the use and operations of assigned weapons.
Currently there are two other ranges on Naval Base Guam that are
being used to support weapons qualifications. However, due to the
number of units required to maintain weapon qualifications, the two
ranges are insufficient. Both ranges are fully booked with commands
having to be placed on a waiting list for range availability.
Procedural Requirements
a. Review Under Executive Orders 12866 and 13563. Executive Orders
12866 and 13563 direct agencies to assess the costs and benefits of
available regulatory alternatives and, if regulation is necessary, to
select regulatory approaches that maximize net benefits. Executive
Order 13771 directs agencies to control regulatory costs through a
budgeting process. This proposed rule has not been designated a
``significant regulatory action,'' under Executive Order 12866.
Accordingly, this proposed rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
The Corps determined this proposed rule is not a significant
regulatory action. This regulatory action determination is based on the
proposed rule governing the danger zone, which allow any vessel that
needs to transit the danger zone to expeditiously transit through the
danger zone when the small arms range is in use. When the range is not
in use, the danger zone will be open to normal maritime traffic and to
all activities, include anchoring and loitering. The proposed rule is
issued with respect to a military function of the Department of Defense
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). 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
during use of the small arms range. Unless information is obtained to
the contrary during the comment period, the Corps certifies that the
proposed rule would have no significant economic impact on the public.
After considering the economic impacts of this proposed danger zone
[[Page 64055]]
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. 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 on 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.
d. Unfunded Mandates Act. This proposed rule does not contain a
Federal mandate that may result in expenditures of $100 million or more
for State, local, and Tribal governments, in the aggregate, or the
private sector in any one year. Therefore, this proposed rule is not
subject to the requirements of Sections 202 and 205 of the Unfunded
Mandates Reform Act (UMRA). The proposed rule contains no regulatory
requirements that might significantly or uniquely affect small
governments. Therefore, the proposed rule is not subject to the
requirements of Section 203 of UMRA.
List of Subjects in 33 CFR Part 334
Danger zones, Navigation (water), Restricted areas, Waterways.
For the reasons set forth in the summary above, 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 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. 334.1415 to read as follows:
Sec. 334.1415 Pacific Ocean, adjacent to the Finegayan Small Arms
Range at Naval Base Guam Telecommunication Site, on the northwestern
coast of Guam; danger zone.
(a) The area. Coordinates are bounded by the following four points:
Point A (13[deg]34'57'' N; 144[deg]49'53'' E) following the high tide
line to Point B (13[deg]35'49'' N; 144[deg]47'59'' E), Point C
(13[deg]34'57'' N; 144[deg]47'45'' E), and Point D (13[deg]34'48'' N;
144[deg]49'50'' E). The datum for these coordinates is NAD-83.
(b) The regulation. (1) Vessels or persons shall expeditiously
transit through the danger zone when the small arms range is in use.
Vessels shall not be permitted to anchor or loiter within the danger
zone while the range is in use. Range activities shall be halted until
all vessels are cleared from the danger zone. When the range is not in
use, the danger zone shall be open to normal maritime traffic and all
activities to include anchoring and loitering.
(2) When the range is in use, the person(s) or officer(s) in charge
shall display a red flag from a conspicuous and easily-seen location
along the nearby shore to signify that the range is in use and will
post lookouts to ensure the safety of all vessels transiting through
the area. If the range is in use at night, a strobe light shall be
displayed from the same conspicuous and easily-seen location in lieu of
flags. The range shall not be used when visibility is equal to or less
than the maximum range of the weapons being used at the facility.
(c) Enforcement. The restrictions on public access in this section
shall be enforced by the Commander, Joint Region Marianas, and such
agencies as the Commander may designate in writing.
Dated: December 6, 2018.
Thomas P. Smith,
Chief, Operations and Regulatory Division, Directorate of Civil Works.
[FR Doc. 2018-27028 Filed 12-12-18; 8:45 am]
BILLING CODE 3720-58-P
