Federal Register / Vol. 78, No. 181 / Wednesday, September 18, 2013 / Proposed Rules 57323 

Dated: September 12, 2013. 

Leslie Kux, 

Assistant Commissioner for Policy. 

[FR Doc. 2013–22655 Filed 9–17–13; 8:45 am] 

BILLING CODE 4160–01–P 

DEPARTMENT OF DEFENSE 

Department of the Army, Corps of 

Engineers 

33 CFR Part 334 

York River and the Naval Weapons 

Station Yorktown-Cheatham Annex, 

Yorktown, Virginia; Danger Zone 

AGENCY: U.S. Army Corps of Engineers, 

DoD. 

ACTION: Notice of proposed rulemaking 

and request for comments. 

SUMMARY: The Corps of Engineers is 

proposing to establish a danger zone in 

the waters of the York River off 

Cheatham Annex, in York County, 

Virginia. The Cheatham Annex Small 

Arms Training Center is used by more 

than 50 active Navy, reserve Navy and 

active Marine Corps units. The 

proposed danger zone is necessary to 

protect the public from hazards 

associated with the small arms fire 

operations. 

DATES: Written comments must be 

submitted on or before October 18, 

2013. 

ADDRESSES: You may submit comments, 

identified by docket number COE– 

2013–0012, 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– 

0012, 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–2013–0012. All 

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. Robert Berg, Corps of Engineers, 

Norfolk District, Regulatory Branch, at 

757–201–7793. 

SUPPLEMENTARY INFORMATION: 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 amendments to 

regulations in 33 CFR Part 334 to add 

a permanent danger zone, in the waters 

of the York River off Cheatham Annex, 

York County, Virginia. The proposed 

danger zone is necessary to protect the 

public from hazards associated with 

small arms fire operations. 

Procedural Requirements 

a. Review Under Executive Order 12866 

This 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) 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 proposed 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. 

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 

■ 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). 


emcdonald on DSK67QTVN1PROD with PROPOSALS
57324 Federal Register / Vol. 78, No. 181 / Wednesday, September 18, 2013 / Proposed Rules 

■ 2. Add § 334.285 to read as follows: 

§ 334.285 York River and the Naval 

Weapons Station Yorktown-Cheatham 

Annex, Yorktown, Virginia; danger zone. 

(a) The area. The waters within an 

area beginning at mean high water on 

the shore at the facility located at 

latitude 37°17′33.10′′ N, longitude 

76°36′19.06′′ W; then northeast to a 

point in the York River at latitude 

37°18′36.65′′ N, longitude 76°34′39.01′′ 

W; thence south, southeast to latitude 

37°17′59.37′′ N, longitude 76°34′13.65′′ 

W; then southwest to a point on the 

shore located at latitude 37°17′26.75′′ N, 

longitude 76°36′14.89′′ W. 

(b) The regulations. (1) Vessels and 

persons may transient this area at any 

time. No vessel or persons shall anchor, 

fish or conduct any waterborne 

activities within the danger zone 

established in accordance with this 

regulation any time live firing exercises 

are being conducted. 

(2) Anytime live firing is being 

conducted, the person or persons in 

charge shall display a red flag from a 

conspicuous location along the shore to 

signify the range is active and post 

lookouts to ensure the safety of all 

vessels passing through the area. At 

night, red lights will be displayed in 

lieu of flags. No firing activities shall be 

conducted when the visibility is less 

that the maximum range of the weapons 

being used at the facility. 

(3) Recreational and commercial 

activities may be conducted in this area 

anytime the range is inactive. 

(c) Enforcement. The regulations in 

this section shall be enforced by the 

Commander, Naval Weapons Station, 

Yorktown, or such agencies as he or she 

may designate. 

Dated: September 10, 2013. 

Approved: 

James R. Hannon, 

Chief, Operations and Regulatory, Directorate 

of Civil Works. 

[FR Doc. 2013–22614 Filed 9–17–13; 8:45 am] 

BILLING CODE 3720–58–P 

DEPARTMENT OF EDUCATION 

34 CFR Part 300 

[DOCKET ID ED–2012–OSERS–0020] 

RIN 1820–AB65 

Assistance to States for the Education 

of Children With Disabilities 

AGENCY: Office of Special Education and 

Rehabilitative Services, Department of 

Education. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Secretary proposes to 

amend regulations under Part B of the 

Individuals with Disabilities Education 

Act (IDEA or Act). These regulations 

govern the Assistance to States for the 

Education of Children with Disabilities 

program. The Secretary seeks public 

comment on proposed amendments to 

the regulation regarding local 

maintenance of effort to clarify existing 

policy and make other related changes 

regarding: The compliance standard; the 

eligibility standard; the level of effort 

required of a local educational agency 

(LEA) in the year after it fails to 

maintain effort under the IDEA; and the 

consequence for a failure to maintain 

local effort. The Secretary also seeks 

comment on whether States and LEAs 

or other interested parties think these 

proposed amendments will be helpful 

in increasing understanding of, and 

ensuring compliance with, the current 

local maintenance of effort 

requirements. Specifically, the Secretary 

seeks comment from States and LEAs to 

identify where they are experiencing the 

most problems in implementing the 

maintenance of effort requirements. 

DATES: We must receive your comments 

on or before December 2, 2013. 

ADDRESSES: Submit your comments 

through the Federal eRulemaking Portal 

or via postal mail, commercial delivery, 

or hand delivery. We will not accept 

comments by fax or by email. Please 

submit your comments only one time, in 

order to ensure that we do not receive 

duplicate copies. In addition, please 

include the Docket ID at the top of your 

comments. 

• Federal eRulemaking Portal: Go to 

www.regulations.gov to submit your 

comments electronically. Information 

on using Regulations.gov, including 

instructions for accessing agency 

documents, submitting comments, and 

viewing the docket is available on the 

site under ‘‘Are you new to the site?’’ 

• Postal Mail, Commercial Delivery, 

or Hand Delivery: 

If you mail or deliver your comments 

about these proposed regulations, 

address them to Mary Louise Dirrigl, 

U.S. Department of Education, 400 

Maryland Avenue SW., room 5103, 

Potomac Center Plaza, Washington, DC 

20202–2600. 

Privacy Note: The Department’s 

policy is to make all comments received 

from members of the public available for 

public viewing in their entirety on the 

Federal eRulemaking Portal at 

www.regulations.gov. Therefore, 

commenters should be careful to 

include in their comments only 

information that they wish to make 

publicly available. 

FOR FURTHER INFORMATION CONTACT: 

Mary Louise Dirrigl, U.S. Department of 

Education, 400 Maryland Avenue SW., 

room 5103, Potomac Center Plaza, 

Washington, DC 20202–2600. 

Telephone: (202) 245–7605. 

If you use a telecommunications 

device for the deaf (TDD) or a text 

telephone (TTY), call the Federal Relay 

Service (FRS), toll free, at 1–800–877– 

8339. 

SUPPLEMENTARY INFORMATION: 

Invitation To Comment 

We invite you to submit comments 

regarding these proposed regulations. 

To ensure that your comments have 

maximum effect in developing the final 

regulations, we urge you to begin with 

any general comments and then to 

identify clearly the specific section or 

sections of the proposed regulations that 

your comments address and to arrange 

your comments in the same order as the 

proposed regulations. 

We invite you to assist us in 

complying with the specific 

requirements of Executive Orders 12866 

and 13563 and their overall requirement 

of reducing regulatory burden that 

might result from these proposed 

regulations. Please let us know of any 

further ways we could reduce potential 

costs or increase potential benefits 

while preserving the effective and 

efficient administration of the IDEA Part 

B program. 

During and after the comment period, 

you may inspect all public comments 

about these proposed regulations by 

accessing Regulations.gov. You also may 

inspect the comments in person in room 

5104, Potomac Center Plaza, 550 12th 

Street, SW., Washington, DC, between 

the hours of 8:30 a.m. and 4:00 p.m., 

Washington, DC time, Monday through 

Friday of each week except Federal 

holidays. 

Please contact the person listed under 

FOR FURTHER INFORMATION CONTACT. 

Assistance to Individuals With 

Disabilities in Reviewing the 

Rulemaking Record 

On request, we will provide an 

appropriate accommodation or auxiliary 

aid to an individual with a disability 

who needs assistance to review the 

comments or other documents in the 

public rulemaking record for these 

proposed regulations. If you want to 

schedule an appointment for this type of 

accommodation or auxiliary aid, please 

contact the person listed under FOR

FURTHER INFORMATION CONTACT. 


emcdonald on DSK67QTVN1PROD with PROPOSALS