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[Federal Register Volume 78, Number 90 (Thursday, May 9, 2013)]
[Proposed Rules]
[Pages 27124-27126]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-11037]

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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 334

Pacific Ocean Off the Kekaha Range Facility at Barking Sands, 
Island of Kauai, Hawaii; Danger Zone

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

ACTION: Notice of proposed rulemaking and request for comments.

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SUMMARY: The Corps of Engineers is proposing to amend its regulations 
to establish a new danger zone in waters of the Pacific Ocean off the 
Kekaha Range Facility, Barking Sands, Island of Kauai, Hawaii. The 
proposed amendment is necessary for the Hawaii Army National Guard to 
continue small arms training operations at the Kekaha Range Facility 
and to protect the public from potentially hazardous conditions which 
may exist as a result of that use. The proposed amendment would 
prohibit, on an intermittent basis, vessels from entering a six mile 
wide section of the Pacific Ocean that narrows to a 0.7 mile wide 
section along the shoreline fronting the Kekaha Range Facility without 
first obtaining permission from the Commanding Officer of Kekaha Range 
Facility.

DATES: Written comments must be submitted on or before June 10, 2013.

ADDRESSES: You may submit comments, identified by docket number COE-
2013-0004, by any of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
    Email: david.b.olson@usace.army.mil. Include the docket number COE-
2013-0004, 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-2013-0004. 
All

[[Page 27125]]

comments received will be included in the public docket without change 
and may be made available on-line at http://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 Web site 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 disk or CD-ROM you 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 Mr. Farley Watanabe, Corps of Engineers, Honolulu 
District, Regulatory Branch, at 808-835-4305 or by email at 
farley.k.watanabe@usace.army.mil.

SUPPLEMENTARY INFORMATION: 

Executive Summary

    The purpose of this regulatory action is to establish a new danger 
zone in waters of the Pacific Ocean off the Kekaha Range Facility at 
Barking Sands, Island of Kauai, Hawaii.
    The Corps authority to establish this danger zone is 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).

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 of 
Engineers is proposing to amend the regulations at 33 CFR part 334 to 
establish a new danger zone in the waters of the Pacific Ocean off the 
Kekaha Range Facility at Barking Sands, Island of Kauai, Hawaii.

Procedural Requirements

a. Review Under Executive Order 12866

    This proposed 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 proposed rule has been reviewed under the Regulatory 
Flexibility Act (Pub. L. 96-354) which requires the preparation of a 
regulatory flexibility analysis for any regulation that will have a 
significant economic impact on a substantial number of small entities 
(i.e., small businesses and small governments). Unless information is 
obtained to the contrary during the public notice comment period, the 
Corps expects that the establishment of this danger zone would have 
practically no economic impact on the public, no anticipated 
navigational hazard, or interference with existing waterway traffic. 
This proposed rule if adopted, will have no significant economic impact 
on 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 will be prepared after the public notice period is closed 
and all comments have been received and considered. After it is 
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 proposed 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. 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 set out in the preamble, 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.  334.1395 to read as follows:

Sec.  334.1395  Pacific Ocean off the Kekaha Range Facility at Barking 
Sands, Island of Kauai, Hawaii; danger zone.

    (a) The danger zone. All waters within the area bounded by a line 
connecting the following coordinates: beginning at a point on the shore 
at latitude 21[deg]58'45'' N, longitude 159[deg]45'32'' W; thence 
easterly along the shoreline (shoreline is defined as the mean high 
water line and is coterminous with the federal property line) to a 
point at latitude 21[deg]58'33'' N, longitude 159[deg]44'57'' W; thence 
southeasterly to a point at latitude 21[deg]55'39'' N, longitude 
159[deg]43'36'' W; thence northwesterly to a point at latitude 
21[deg]57'50'' N, longitude 159[deg]48'54'' W; thence to point of 
beginning. All coordinates reference 1983 North American Datum (NAD 
83).
    (b) The regulations. (1) Weapons firing at the Kekaha Range 
Facility (KRF) may occur at any time between 7 a.m. and 6 p.m., Monday 
through Sunday. Specific dates and hours for weapons firing, along with 
information regarding onshore warning signals, will be promulgated by 
the U.S. Coast Guard's Local Notice to Mariners. Information on weapons 
firing schedules may also be obtained by calling the KRF Facility 
Manager, NGHI-OPS-TNG (G3) at 808-844-6731.
    (2) Whenever live firing is in progress during daylight hours, two 
large red triangular warning pennants will be flown at each of two 
highly visible and

[[Page 27126]]

widely separated locations on the shore at the KRF.
    (3) Whenever any weapons firing is scheduled and in progress during 
periods of darkness, flashing red warning beacons will be displayed on 
the shore at the KRF.
    (4) Boaters will have complete access to the danger zone whenever 
there is no weapons firing scheduled, which will be indicated by the 
absence of any warning flags, pennants, or beacons displayed ashore.
    (5) The danger zone is not considered safe for boaters whenever 
weapons firing is in progress. Boaters shall expeditiously vacate the 
danger zone at best speed and by the most direct route whenever weapons 
firing is in progress. Weapons firing will be suspended as long as 
there is a vessel in the danger zone. Whenever a boater disregards the 
publicized warning signals that hazardous weapons firing is in 
progress, the boater will be personally requested to expeditiously 
vacate the danger zone by KRF personnel hailing the vessel on VHF 
channel 16 or contacting the vessel directly by surface craft.
    (6) Observation posts will be manned whenever any weapons firing is 
scheduled and in progress. Visibility will be sufficient to maintain 
visual surveillance of the entire danger zone and for an additional 
distance of 5 miles in all directions whenever weapons firing is in 
progress.
    (c) The enforcing agency. The regulations shall be enforced by the 
Commanding Officer, Kekaha Range Facility, Hawaiian Area, Barking 
Sands, Kauai, Hawaii and such agencies or persons as he or she may 
designate.

    Dated: May 3, 2013.

    Approved:
James R. Hannon,
Chief, Operations and Regulatory, Directorate of Civil Works.
[FR Doc. 2013-11037 Filed 5-8-13; 8:45 am]
BILLING CODE 3720-58-P
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