Federal Register / Vol. 79, No. 118 / Thursday, June 19, 2014 / Rules and Regulations 35049 

Day Celebration Fireworks in 33 CFR 

165.1191, Table 1, Item number 14. This 

safety zone will be in effect from 10 a.m. 

on July 2, 2014 to 10 p.m. on July 4, 

2014. 

Under the provisions of 33 CFR 

165.1191, unauthorized persons or 

vessels are prohibited from entering 

into, transiting through, or anchoring in 

the safety zone during all applicable 

effective dates and times, unless 

authorized to do so by the PATCOM. 

Additionally, each person who receives 

notice of a lawful order or direction 

issued by an official patrol vessel shall 

obey the order or direction. The 

PATCOM is empowered to forbid entry 

into and control the regulated area. The 

PATCOM shall be designated by the 

Commander, Coast Guard Sector San 

Francisco. The PATCOM may, upon 

request, allow the transit of commercial 

vessels through regulated areas when it 

is safe to do so. 

This notice is issued under authority 

of 33 CFR 165.1191 and 5 U.S.C. 552 (a). 

In addition to this notice in the Federal 

Register, the Coast Guard will provide 

the maritime community with extensive 

advance notification of the safety zone 

and its enforcement period via the Local 

Notice to Mariners. If the Captain of the 

Port determines that the regulated area 

need not be enforced for the full 

duration stated in this notice, a 

Broadcast Notice to Mariners may be 

used to grant general permission to 

enter the regulated area. 

Dated: May 23, 2014. 

Gregory G. Stump, 

Captain, U.S. Coast Guard, Captain of the 

Port San Francisco. 

[FR Doc. 2014–14401 Filed 6–18–14; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF DEFENSE 

Department of the Army, Corps of 

Engineers 

33 CFR Part 334 

York River off the Naval Weapons 

Station Yorktown-Cheatham Annex, 

Virginia; Danger Zone 

AGENCY: U.S. Army Corps of Engineers, 

DoD. 

ACTION: Final rule. 

SUMMARY: The Corps of Engineers is 

establishing a danger zone in the waters 

of the York River off Cheatham Annex 

in York County, Virginia. The danger 

zone is necessary to protect the public 

from hazards associated with the small 

arms fire operations. 

DATES: Effective: July 21, 2014. 

ADDRESSES: U.S. Army Corps of 

Engineers, Attn: CECW–CO–R (David B. 

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 

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 amending the regulations 

in 33 CFR Part 334 by establishing a 

new permanent danger zone, in the 

waters of the York River off Cheatham 

Annex in York County, Virginia. The 

modification to the regulations is 

described below. 

The proposed rule was published in 

the September 18, 2013 issue of the 

Federal Register (76 FR 62692), and its 

regulations.gov docket number is COE– 

2013–0012. There were nineteen 

comments received in response to the 

proposed rule from the public as well as 

state and federal agencies. Many of the 

comments received from the public 

concerned the proposed danger zone 

restricting public and commercial use of 

this portion of the York River, negative 

impacts to commercial and recreational 

fishing and oyster harvesting, concerns 

about the Navy shooting bullets over 

and into the river, negative impacts to 

persons using Queens Creek, visibility 

of the red flags and lights indicating the 

shooting range is active, the potential 

for the Navy to construct an indoor 

shooting range as an alternative to the 

existing shooting range, and some 

questioned why the danger zone was 

necessary now since there have been no 

safety issues to date. Two comments 

received were in support of the 

proposed danger zone. The comments 

are addressed below. 

The Navy has been conducting live 

fire training at the shooting range on 

Cheatham Annex adjacent to the York 

River for decades. The Navy does not 

shoot out into the York River. The 

shooting range is separated from the 

York River by a berm which prevents 

rounds from escaping the range and 

going into the York River. Only 

experienced marksmen use this range 

and only small caliber rounds are 

allowed on this range; no large caliber 

or machine guns are permitted. The area 

has been marked on navigation charts as 

a danger zone for years. The danger 

zone will better protect the public from 

any potential errant rounds that might 

escape the berm separating the range 

from the York River. The danger zone 

does not ban persons from transiting the 

area, and the Navy monitors the danger 

zone using spotters and/or cameras and 

will cease firing when vessels or 

persons enter the danger zone. The 

Navy stated that the Department of 

Defense policy for the protection of a 

surface danger zone is more 

conservative than private sector 

shooting ranges. The Navy also stated 

that it has a perfect safety record with 

respect to public safety at this range. 

There were numerous comments 

related to commercial and recreational 

fishing uses of this portion of the York 

River as well as oyster harvesting in the 

danger zone. The Navy has been 

operating the range such that once 

persons or vessels enter the danger zone 

they cease firing until the danger zone 

is clear. This operation has been in 

place for years and the Navy will 

continue to operate the range in this 

same manner. There should be no 

impact to public use of this portion of 

the York River as a result of this 

amendment to the regulations. 

Numerous comments were received 

regarding issues with visibility of the 

flags and lights used to indicate the 

range is in use. Red flags are used 

during the daytime to alert the public to 

live fire activities while red lights are 

used at night. The Navy has indicated 

that they will install larger lights in 

order to address the visibility issue at 

night. In addition, the Navy will install 

a new flagpole which is higher and 

install a larger sized flag to increase its 

visibility during daylight hours. 

Numerous comments were received 

from users of Queens Creek, located just 

upstream of the danger zone. They were 

concerned this amendment to the 

regulations would impact their ability to 

access the York River. As addressed 

above, the danger zone will not affect 

persons utilizing the York River from 

Queens Creek. 

Multiple comments were made 

regarding an indoor shooting range as an 

alternative to the existing outdoor range 

and the danger zone. The Navy has 

indicated that an indoor range would 

take approximately 5 years to construct 

and become operational. The existing 

range has been in use for decades and 

with little negative impact on the public 

use of the York River and its operation 

has resulted in no public safety issues. 

Due to the time frame required to 

construct another facility the Corps 

believes the existing facility with the 

danger zone is the most practicable as 

it allows the Navy to continue their 

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35050 Federal Register / Vol. 79, No. 118 / Thursday, June 19, 2014 / Rules and Regulations 

required training while ensuring public 

safety. 

Numerous persons questioned why 

the Navy was doing this now since the 

range has been in use for so long. 

Modifying the regulation will better 

protect citizens from potential hazards 

associated with the operation of the 

small arms training range on Cheatham 

Annex. 

The United States Coast Guard 

submitted recommended changes to the 

proposed regulation that would make its 

intent clearer. The Coast Guard 

recommended using a separate 

paragraph for the sentence stating that 

the Navy will not use the range when 

visibility is less than the maximum 

range of the weapons being used. They 

also recommended adding at the end of 

this sentence ‘‘or while a vessel is 

within the danger zone’’ to address the 

expected cease fire when vessels transit 

through the danger zone. We concur 

with these changes and as a result we 

modified the regulation. 

Procedural Requirements 

a. Review under Executive Order 

12866. This final 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 final 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). The Corps determined 

that this regulation would have 

practically no economic impact on the 

public nor would it result in any 

anticipated navigational hazard or 

interference with existing waterway 

traffic. This regulation will have no 

significant economic impact on small 

entities. 

c. Review under the National 

Environmental Policy Act. This final 

rule 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 and it 

may be reviewed at the district office 

listed at the end of FOR FURTHER

INFORMATION CONTACT above. 

d. Unfunded Mandates Act. This final 

rule does not impose an enforceable 

duty on the private sector and, 

therefore, it is not a Federal private 

sector mandate and is not subject to the 

requirements of either Section 202 or 

Section 205 of the Unfunded Mandates 

Reform Act. (Pub. L. 104–4, 109 Stat. 48, 

2 U.S.C. 1501 et seq.) We have also 

found under Section 203 of the Act, that 

small governments will not be 

significantly or 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 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. 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 transit 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. 

(3) No firing activities shall be 

conducted when the visibility is less 

than the maximum range of the 

weapons being used at the facility or 

while a vessel is within the danger zone. 

(4) 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: June 13, 2014. 

James R. Hannon, 

Chief, Operations and Regulatory Directorate 

of Civil Works. 

[FR Doc. 2014–14333 Filed 6–18–14; 8:45 am] 

BILLING CODE 3720–58–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[NV 126–NBK; FRL–9908–86–Region–9] 

Approval and Promulgation of 

Implementation Plans; State of 

Nevada; Update to Materials 

Incorporated by Reference 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; notice of 

administrative change. 

SUMMARY: The Environmental Protection 

Agency (EPA) is updating the materials 

submitted by the State of Nevada that 

are incorporated by reference (IBR) into 

the Nevada State Implementation Plan 

(SIP). In this action, EPA is also 

notifying the public of the correction of 

certain typographical errors within the 

IBR table. The regulations affected by 

this update have been previously 

submitted by the State of Nevada and 

approved by EPA. This update affects 

the SIP materials that are available for 

public inspection at the National 

Archives and Records Administration 

(NARA), the Air and Radiation Docket 

and Information Center located at EPA 

Headquarters in Washington, DC, and 

the EPA Regional Office. 

DATES: This rule is effective on June 19, 

2014. 

ADDRESSES: SIP materials which are 

incorporated by reference into 40 CFR 

part 52 are available for inspection at 

the following locations: 

• U.S. Environmental Protection 

Agency, Region IX, Air Division (AIR– 

4), 75 Hawthorne Street, San Francisco, 

CA 94105–3901; 

• Air and Radiation Docket and 

Information Center, EPA Headquarters 

Library, Infoterra Room (Room Number 

3334), EPA West Building, 1301 

Constitution Ave. NW., Washington, DC 

20460; and 

• National Archives and Records 

Administration (NARA). 

If you wish to obtain materials from 

a docket in the EPA Headquarters 

Library, please call the Office of Air and 

Radiation (OAR) Docket/Telephone 

number: 202–566–1742. For information 

on the availability of this material at 

NARA, call 202–741–6030, or go to: 

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