Atlantic Ocean South of Entrance to Chesapeake Bay; Firing Range, 33849-33850 [2019-15086]
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Federal Register / Vol. 84, No. 136 / Tuesday, July 16, 2019 / Rules and Regulations
of Title V of the Trade and Development
Act of 2000, as amended, that are no
longer in effect. Therefore, public
comment would serve no purpose and
is unnecessary. There is also good cause
under 5 U.S.C. 553(d)(3) to waive the
30-day delay in effectiveness. This rule
does not alter the rights or
responsibilities of any party, and
delaying its implementation would
serve no purpose.
Because prior notice and an
opportunity for public comment are not
required pursuant to 5 U.S.C. 553, or
any other law, the analytical
requirements of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) are
inapplicable. Therefore, a regulatory
flexibility analysis has not been
prepared.
Congressional Review Act
This final rule is not major under the
Congressional Review Act (5 U.S.C. 801
et seq.).
Executive Order No. 13132
This final rule does not contain
policies that have federalism
implications.
Paperwork Reduction Act
The Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.) (‘‘PRA’’)
requires that a Federal agency consider
the impact of paperwork and other
information collection burdens imposed
on the public and, under the provisions
of PRA section 3507(d), obtain approval
from OMB for each collection of
information it conducts, sponsors, or
requires through regulations. This final
rule does not require the collection of
any information.
List of Subjects in 15 CFR Part 335
Customs duties and inspection,
Imports, Reporting and recordkeeping
requirements, Textiles.
Dated: July 3, 2019.
Maria D’Andrea-Yothers,
Director, Office of Textiles and Apparel,
Industry and Analysis, International Trade
Administration, U.S. Department of
Commerce.
PART 335—[REMOVED AND
RESERVED]
For the reasons discussed in the
preamble, and under the authority of 5
U.S.C. 301, we remove and reserve part
335 of title 15 of the Code of Federal
Regulations.
jspears on DSK30JT082PROD with RULES
■
[FR Doc. 2019–14551 Filed 7–15–19; 8:45 am]
BILLING CODE 3510–DR–P
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16:49 Jul 15, 2019
Jkt 247001
DEPARTMENT OF DEFENSE
Department of the Army, Corps of
Engineers
33 CFR Part 334
a. Regulatory Planning and Review
Atlantic Ocean South of Entrance to
Chesapeake Bay; Firing Range
U.S. Army Corps of Engineers,
DoD.
ACTION:
Final rule.
The Corps of Engineers is
amending an existing permanent danger
zone in the waters of the Atlantic Ocean
south of the entrance to the Chesapeake
Bay off of the coast of Virginia. For
decades, the Dam Neck Surface Danger
Zone (SDZ) served as a firing range for
gunnery training at what is now Naval
Air Station Oceana’s Dam Neck Annex.
While the Navy continues to use the
SDZ for training, fixed-mount gunnery
operations have not been conducted
there for over 30 years. This amendment
is necessary to accurately identify the
hazards associated with training and
mission operations to protect the public.
This amendment identifies the area
within the current danger zone
boundary where live fire exercises are
no longer conducted and no restriction
to surface navigation exists. In addition,
the amendment removes references to
live fire range conditions and safety
procedures since shore-to-sea gunnery
operations are no longer conducted.
DATES: Effective: August 15, 2019.
ADDRESSES: U.S. Army Corps of
Engineers, Attn: CECW–CO–R (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
February 13, 2019, edition of the
Federal Register (84 FR 3739) and the
regulations.gov docket number was
COE–2018–0007. No comments were
received in response to the proposed
rule.
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 334.390
SUMMARY:
PO 00000
Frm 00023
Fmt 4700
to amend this danger zone in the waters
of the Atlantic Ocean south of the
entrance to the Chesapeake Bay adjacent
to Naval Air Station Oceana’s Dam Neck
Annex in Virginia Beach, Virginia.
Procedural Requirements
[COE–2018–0007]
AGENCY:
33849
Sfmt 4700
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. For the reasons
stated below, this final rule is not a
‘‘significant regulatory action’’ under
Executive Order 12866. Accordingly,
this final 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 final rule
is not a significant regulatory action
because both the area of existing danger
zone subject to live firing exercises and
the navigation restrictions are being
decreased. This final rule allows 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 small arms
range is not in use, the danger zone will
be open to normal maritime traffic and
to all activities, include anchoring and
loitering. This 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. Impact on Small Entities.
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 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 Corps certifies that this rule will
not have a significant economic impact
on a substantial number of small
entities. While some owners or
operators of vessels that intend to transit
the danger zone may be small entities,
this rule would not have a significant
economic impact on any vessel owner
or operator because it identifies the
portion of the danger zone that is
E:\FR\FM\16JYR1.SGM
16JYR1
33850
Federal Register / Vol. 84, No. 136 / Tuesday, July 16, 2019 / Rules and Regulations
subject to live firing exercises and
navigation restrictions, and allows 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 small arms
range is not in use, the danger zone will
be open to normal maritime traffic and
to all activities, include anchoring and
loitering. In addition, danger zone is
necessary to protect public from hazards
associated with training and mission
operations. Small entities can also
utilize navigable waters outside of the
danger zone when the small arms range
is in use. The Corps has determined that
the modified danger zone will have
practically no economic impact on the
public, including any anticipated
navigational hazard or interference with
existing waterway traffic. After
considering the economic impacts of
this amendment of the existing 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
Due to the administrative nature of
this action and because there is no
intended change in the use of the area,
the Corps expects that this regulation, if
adopted, will not have a significant
impact to the quality of the human
environment and, therefore, preparation
of an environmental impact statement
will not be required. An environmental
assessment has been prepared. It may be
reviewed at the District office listed at
the end of the FOR FURTHER INFORMATION
CONTACT section, above.
jspears on DSK30JT082PROD with RULES
d. Unfunded Mandates Act
This 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. I have also
found under Section 203 of the Act, that
small governments will not be
significantly and uniquely affected by
this rulemaking.
e. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. We will submit a
report containing the final rule and
other required information to the U.S.
Senate, the U.S. House of
VerDate Sep<11>2014
16:49 Jul 15, 2019
Jkt 247001
Representatives, and the Comptroller
General of the United States. A major
rule cannot take effect until 60 days
after it is published in the Federal
Register. This final rule is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
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 § 334.390 to read as follows:
§ 334.390 Atlantic Ocean south of entrance
to Chesapeake Bay; firing range.
(a) The danger zone. (1) A section
extending seaward for a distance of
12,000 yards between two radial lines
bearing 030° True and 083° True,
respectively, from a point on shore at
latitude 36°46′48″ N, longitude
75°57′24″ W; and an adjacent sector
extending seaward for a distance of 15
nautical miles between two radial lines
bearing 083° True and 150° True,
respectively, from the same shore
position. The datum for these
coordinates is WGS–1984.
(b) The regulation. (1) To
accommodate ingress and egress within
the southern approach to the
Chesapeake Bay Federal navigation
channels, no live fire exercise will take
place within the area northeast of, and
defined by a line intersecting points
latitude 36°47′59″ N, longitude
75°46′05″ W and latitude 36°44′25″ N,
longitude 75°38′57″ W, and this area is
open to unrestricted surface navigation.
(2) Within the remainder of the
danger zone vessels shall proceed
through the area with caution and shall
remain therein no longer than necessary
for the purpose of transit.
(3) When firing is in progress during
daylight hours, red flags will be
displayed at conspicuous locations on
the beach. When firing is in progress
during periods of darkness, red flashing
lights will be displayed from
conspicuous locations on the beach
which are visible from the water a
minimum distance of four (4) nautical
miles.
(4) Firing on the ranges will be
suspended as long as any vessel is
within the danger zone.
PO 00000
Frm 00024
Fmt 4700
Sfmt 4700
(5) Lookout posts will be manned by
the activity or agency operating the
firing range at the Naval Air Station
Oceana, Dam Neck Annex, in Virginia
Beach, Virginia. After darkness, night
vision systems will be utilized by
lookouts to aid in locating vessels
transiting the area.
(6) 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 properly displaying navigation
lights, or which would preclude a vessel
from observing the red range flags or
lights.
(7) Throughout the entire danger zone
anchoring, dredging, trawling and any
bottom disturbing activities should be
conducted with caution due to the
potential of unexploded ordnance
(UXO) and other munitions and
explosives of concern (MEC) on the
bottom.
(c) Enforcement. The regulation in
this section shall be enforced by the
Commander, Naval Air Force Atlantic,
U.S. Fleet Forces Command, Norfolk,
Virginia, and such agencies as he or she
may designate.
Dated: July 11, 2019.
Thomas P. Smith, P.E.,
Chief, Operations and Regulatory Division,
Directorate of Civil Works.
[FR Doc. 2019–15086 Filed 7–15–19; 8:45 am]
BILLING CODE 3720–58–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2017–0422; FRL–9996–43–
Region 4]
Air Plan Approval; NC; Emission
Control Standards, Open Burning, and
Miscellaneous Revisions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve portions of a revision to the
North Carolina State Implementation
Plan (SIP) submitted by the State of
North Carolina through the North
Carolina Department of Environmental
Quality (formerly the North Carolina
Department of Environment and Natural
Resources (NCDENR)), Division of Air
Quality, on January 31, 2008. The
revision includes changes to emission
control standards and open burning
regulations. The changes are part of
North Carolina’s strategy to meet and
SUMMARY:
E:\FR\FM\16JYR1.SGM
16JYR1
]]>Agencies
[Federal Register Volume 84, Number 136 (Tuesday, July 16, 2019)]
[Rules and Regulations]
[Pages 33849-33850]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15086]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers
33 CFR Part 334
[COE-2018-0007]
Atlantic Ocean South of Entrance to Chesapeake Bay; Firing Range
AGENCY: U.S. Army Corps of Engineers, DoD.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Corps of Engineers is amending an existing permanent
danger zone in the waters of the Atlantic Ocean south of the entrance
to the Chesapeake Bay off of the coast of Virginia. For decades, the
Dam Neck Surface Danger Zone (SDZ) served as a firing range for gunnery
training at what is now Naval Air Station Oceana's Dam Neck Annex.
While the Navy continues to use the SDZ for training, fixed-mount
gunnery operations have not been conducted there for over 30 years.
This amendment is necessary to accurately identify the hazards
associated with training and mission operations to protect the public.
This amendment identifies the area within the current danger zone
boundary where live fire exercises are no longer conducted and no
restriction to surface navigation exists. In addition, the amendment
removes references to live fire range conditions and safety procedures
since shore-to-sea gunnery operations are no longer conducted.
DATES: Effective: August 15, 2019.
ADDRESSES: U.S. Army Corps of Engineers, Attn: CECW-CO-R (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
February 13, 2019, edition of the Federal Register (84 FR 3739) and the
regulations.gov docket number was COE-2018-0007. No comments were
received in response to the proposed rule.
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 334.390 to amend this danger zone in the waters of the Atlantic
Ocean south of the entrance to the Chesapeake Bay adjacent to Naval Air
Station Oceana's Dam Neck Annex in Virginia Beach, Virginia.
Procedural Requirements
a. Regulatory Planning and Review
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. For the reasons stated
below, this final rule is not a ``significant regulatory action'' under
Executive Order 12866. Accordingly, this final 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 final rule is not a significant
regulatory action because both the area of existing danger zone subject
to live firing exercises and the navigation restrictions are being
decreased. This final rule allows 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 small arms range is not in use,
the danger zone will be open to normal maritime traffic and to all
activities, include anchoring and loitering. This 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. Impact on Small Entities.
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 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 Corps certifies that this rule will not have a significant
economic impact on a substantial number of small entities. While some
owners or operators of vessels that intend to transit the danger zone
may be small entities, this rule would not have a significant economic
impact on any vessel owner or operator because it identifies the
portion of the danger zone that is
[[Page 33850]]
subject to live firing exercises and navigation restrictions, and
allows 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 small arms range is not in use, the danger zone
will be open to normal maritime traffic and to all activities, include
anchoring and loitering. In addition, danger zone is necessary to
protect public from hazards associated with training and mission
operations. Small entities can also utilize navigable waters outside of
the danger zone when the small arms range is in use. The Corps has
determined that the modified danger zone will have practically no
economic impact on the public, including any anticipated navigational
hazard or interference with existing waterway traffic. After
considering the economic impacts of this amendment of the existing
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
Due to the administrative nature of this action and because there
is no intended change in the use of the area, the Corps expects that
this regulation, if adopted, will not have a significant impact to the
quality of the human environment and, therefore, preparation of an
environmental impact statement will not be required. An environmental
assessment 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, 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. I have also found under Section 203
of the Act, that small governments will not be significantly and
uniquely affected by this rulemaking.
e. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. We will submit a report containing the final rule and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States. A
major rule cannot take effect until 60 days after it is published in
the Federal Register. This final rule is not a ``major rule'' as
defined by 5 U.S.C. 804(2).
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. 334.390 to read as follows:
Sec. 334.390 Atlantic Ocean south of entrance to Chesapeake Bay;
firing range.
(a) The danger zone. (1) A section extending seaward for a distance
of 12,000 yards between two radial lines bearing 030[deg] True and
083[deg] True, respectively, from a point on shore at latitude
36[deg]46'48'' N, longitude 75[deg]57'24'' W; and an adjacent sector
extending seaward for a distance of 15 nautical miles between two
radial lines bearing 083[deg] True and 150[deg] True, respectively,
from the same shore position. The datum for these coordinates is WGS-
1984.
(b) The regulation. (1) To accommodate ingress and egress within
the southern approach to the Chesapeake Bay Federal navigation
channels, no live fire exercise will take place within the area
northeast of, and defined by a line intersecting points latitude
36[deg]47'59'' N, longitude 75[deg]46'05'' W and latitude
36[deg]44'25'' N, longitude 75[deg]38'57'' W, and this area is open to
unrestricted surface navigation.
(2) Within the remainder of the danger zone vessels shall proceed
through the area with caution and shall remain therein no longer than
necessary for the purpose of transit.
(3) When firing is in progress during daylight hours, red flags
will be displayed at conspicuous locations on the beach. When firing is
in progress during periods of darkness, red flashing lights will be
displayed from conspicuous locations on the beach which are visible
from the water a minimum distance of four (4) nautical miles.
(4) Firing on the ranges will be suspended as long as any vessel is
within the danger zone.
(5) Lookout posts will be manned by the activity or agency
operating the firing range at the Naval Air Station Oceana, Dam Neck
Annex, in Virginia Beach, Virginia. After darkness, night vision
systems will be utilized by lookouts to aid in locating vessels
transiting the area.
(6) 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 properly displaying navigation
lights, or which would preclude a vessel from observing the red range
flags or lights.
(7) Throughout the entire danger zone anchoring, dredging, trawling
and any bottom disturbing activities should be conducted with caution
due to the potential of unexploded ordnance (UXO) and other munitions
and explosives of concern (MEC) on the bottom.
(c) Enforcement. The regulation in this section shall be enforced
by the Commander, Naval Air Force Atlantic, U.S. Fleet Forces Command,
Norfolk, Virginia, and such agencies as he or she may designate.
Dated: July 11, 2019.
Thomas P. Smith, P.E.,
Chief, Operations and Regulatory Division, Directorate of Civil Works.
[FR Doc. 2019-15086 Filed 7-15-19; 8:45 am]
BILLING CODE 3720-58-P
