[Federal Register Volume 62, Number 144 (Monday, July 28, 1997)]
[Rules and Regulations]
[Pages 40278-40279]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19777]
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DEPARTMENT OF DEFENSE
Department of the Army; Corps of Engineers
33 CFR Part 334
Danger Zone, Pacific Ocean, Naval Air Weapons Station, Point
Mugu, Ventura County, California
AGENCY: U.S. Army Corps of Engineers, DoD.
ACTION: Interim final rule.
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SUMMARY: This interim final rule invites comments on the Corps proposal
to establish a danger zone in the waters of the Pacific Ocean extending
5,000 meters offshore from the small arms range at the Naval Air
Weapons Station, Point Mugu, Ventura County, California. The danger
zone would provide an appropriate and enforceable zone in which the
Navy may conduct small arms test firing to qualify military and
civilian security personnel.
DATES: Interim final rule effective July 28, 1997. Written comments
must be submitted on or before August 27, 1997.
ADDRESSES: HQUSACE, CECW-OR, Washington, DC 20314-1000.
FOR FURTHER INFORMATION CONTACT: Ms. Tiffany Welch at (805) 641-2935 or
Mr. Ralph Eppard at (202) 761-1783.
SUPPLEMENTARY INFORMATION: The Commander, Naval Air Weapons Station,
Point Mugu, has requested that the Corps establish a danger zone in the
waters of the Pacific Ocean north of Point Mugu. The area will be open
to public use at all times except when the Navy is using the firing
range on shore. The Navy will give advance notice of closure of the
area by local newspapers, VHF radio, contact with individual vessels
and contact with certain fishing organizations. There are no
anticipated navigational hazards or interference with existing traffic.
General public use of the area is restricted due to ongoing naval
activities. Therefore, no loss of resources or use of resources would
be borne by the public. On February 28, 1997, the Corps Los Angeles
District Engineer issued a public notice soliciting comments on this
proposed danger zone to all known interested parties. The District did
not receive any objections to the establishment of the danger zone. In
view of the existing threat to public safety within this area, this
interim final rule is effective upon publication in the Federal
Register. The Corps will consider all comments received in response to
this interim final rule and in the event substantive comments are
received, the Corps will take appropriate action which may include
further revision or suspension of the rules.
Economic Assessment and Certification
This interim final rule is issued with respect to a military
function of the Defense Department and the provisions of Executive
Order 12291 do not apply. This interim final rule has been reviewed
under the Regulatory Flexibility Act (P.L. 96-354), which requires the
preparation of a regulatory flexibility and analysis for any regulation
that will have significant economic impact on a substantial number of
small businesses (i.e., small businesses and small Government
jurisdictions). It has been determined that establishment of this
danger zone would have practically no impact on the public, no
anticipated navigational hazard or interference with existing waterway
traffic and accordingly, the Corps certifies that this proposal if
adopted, will have no significant economic impact on small entities and
preparation of a regulatory flexibility analysis is not warranted.
Review Under the National Environmental Policy Act
An environmental assessment has been prepared for this action. We
have concluded that the establishment of the danger zone off Point Mugu
will not have a significant impact to the human environment and
preparation of an environmental impact statement is not required. The
environmental assessment may be reviewed at the Los Angeles District
Office. Please contact Ms. Tiffany Welch at (805) 641-2935 for further
information.
Unfunded Mandates Act
This interim final rule does not impose an enforceable duty among
the private sector and, therefore, is not a Federal private sector
mandate and is not subject to the requirements of Section 202 or 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.
Submission to Congress and the General Accounting Office
Pursuant to Section 801(a)(1)(A) of the Administrative Procedure
Act as amended by the Small Business Regulatory Enforcement Fairness
Act of 1996, the Army has submitted a report containing this interim
final rule to the U.S. Senate, House of Representatives, and the
Comptroller General of the General Accounting Office. This interim
final rule is not a major rule within the meaning of Section 804(2) of
the Administrative Procedure Act, as amended.
List of Subjects in 33 CFR Part 334
Danger Zones, Navigation (water), Transportation.
In consideration of the above, the Corps of Engineers is amending
part 334 of title 33 to read as follows:
PART 334--DANGER ZONE AND RESTRICTED AREA REGULATIONS
1. The authority citation for part 334 continues to read as
follows:
Authority: 40 Stat. 226; (33 U.S.C. 1) and 40 Stat. 892; (33
U.S.C. 3).
2. Add Sec. 334.1125 to read as follows:
Sec. 334.1125 Pacific Ocean Naval Air Weapons Station, Point Mugu,
Small Arms Range, Ventura County, California; danger zone
(a) The area. A triangular area extending southerly into the waters
of the Pacific Ocean from a point on the beach north of Point Mugu,
California, as follows:
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Station Latitude Longitude
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1................... 34 deg.05'48'' N....... 119 deg.07'03'' W.
2................... 34 deg.03'20'' N....... 119 deg.08'16'' W.
3................... 34 deg.03'11'' N....... 119 deg.07'39'' W.
4................... 34 deg.05'42'' N....... 119 deg.06'59'' W.
5................... 34 deg.05'41'' N....... 119 deg.06'51'' W.
6................... 34 deg.05'45'' N....... 119 deg.06'52'' W.
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(b) The regulations. (1) Range firing will normally take place
between 7 a.m. and 5 p.m. Monday through Friday.
(2) The danger zone may be used at all times for navigation and
fishing, except when advance notice of intention to use this area has
been given by the enforcing agency by one or more of the following
means:
(i) Notice published in Ventura County daily newspaper, at least
two
[[Page 40279]]
days in advance of the date of said use and in the local ``Notice to
Mariners.''
(ii) Display of red flag from the tower at 34 deg.05'53'' N.,
119 deg.06'59'' W; or display of red flashing beacons in the case of
night firing.
(iii) Radio broadcast on VHF-FM channel 16.
(iv) Notice to individual craft by visit of United States vessel.
(v) Telephone advice to such fisherman's organizations as may
request, in writing, that such advice be given.
(3) Safety observers will be on duty at all times when the range is
in use. Upon completion of firings, or if the scheduled firing is
canceled for any reason, fishermen and small boat operators will be
notified as far in advance as possible by Marine Radio Broadcast.
(4) Persons, vessels or other craft shall not enter or remain in
the danger zone when the warning flag or beacon is being displayed
unless authorized to do so by the range officer in the control tower.
(5) The regulations in this section shall be enforced by personnel
attached to the Naval Air Weapons Station, Point Mugu, California, and
by such other agencies as the Commandant, Eleventh Naval District, San
Diego, California, may designate.
Dated: July 14, 1997.
Russell L. Fuhrman,
Major General, USA, Director of Civil Works.
[FR Doc. 97-19777 Filed 7-25-97; 8:45 am]
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