76060 Federal Register / Vol. 78, No. 241 / Monday, December 16, 2013 / Rules and Regulations 

authority delegated to the Commissioner 

of Food and Drugs and redelegated to 

the Center for Veterinary Medicine, 21 

CFR part 558 is amended as follows: 

PART 558—NEW ANIMAL DRUGS FOR 

USE IN ANIMAL FEEDS 

■ 1. The authority citation for 21 CFR 

part 558 continues to read as follows: 

Authority: 21 U.S.C. 360b, 371. 

■ 2. In § 558.95, revise the introductory 

text in paragraphs (d)(4)(iii) and 

(d)(4)(iv), and the first sentence in 

paragraph (d)(4)(iii)(d) to read as 

follows: 

§ 558.95 Bambermycins. 

* * * * * 

(d) * * * 

(4) * * * 

(iii) Used as a free-choice Type C 

medicated loose-mineral feed for 

pasture cattle (slaughter, stocker, and 

feeder cattle; and beef replacement 

heifers) as follows: 

* * * * * 

(d) Limitations. For free-choice 

feeding to pasture cattle (slaughter, 

stocker, and feeder cattle; and beef 

replacement heifers). * * * 

(iv) Use free-choice Type C medicated 

feeds for pasture cattle (slaughter, 

stocker, and feeder cattle; and beef 

replacement heifers) as follows: 

* * * * * 

Dated: December 11, 2013. 

Bernadette Dunham, 

Director, Center for Veterinary Medicine. 

[FR Doc. 2013–29810 Filed 12–13–13; 8:45 am] 

BILLING CODE 4160–01–P 

DEPARTMENT OF DEFENSE 

Department of the Army, Corps of 

Engineers 

33 CFR Part 334 

Pacific Ocean off the Pacific Missile 

Range Facility at Barking Sands, Island 

of Kauai, Hawaii; Danger Zone. 

AGENCY: U.S. Army Corps of Engineers, 

DoD. 

ACTION: Final rule. 

SUMMARY: The Corps of Engineers is 

amending its regulations for the danger 

zone in waters of the Pacific Ocean off 

the Pacific Missile Range Facility at 

Barking Sands, Island of Kauai, Hawaii. 

The U.S. Navy conducts weapon 

systems testing and other military 

testing and training activities at the 

Pacific Missile Range Facility. The 

amendment expands the boundaries of 

the existing danger zone to include an 

area necessary to protect the public from 

potential hazards associated with 

weapon systems testing, other military 

testing and training activities, and 

increased threat conditions. Similar to 

the original danger zone, the expanded 

danger zone prohibits any activity by 

the public within the danger zone 

during range operations, weapon 

systems testing, other military testing 

and training activities, increases in force 

protection and other mission-essential 

evolutions without first obtaining 

permission from the Commanding 

Officer, Pacific Missile Range Facility to 

ensure public safety and/or installation 

good order. The expanded danger zone 

extends along approximately seven 

miles of shoreline adjacent to the Pacific 

Missile Range Facility, with its seaward 

extent ranging between 2.96 and 4.16 

nautical miles offshore. Only the 

portions of the danger zone necessary to 

safely conduct range operations will be 

activated. 

DATES: Effective date: January 15, 2014. 

FOR FURTHER INFORMATION CONTACT: Mr. 

David Olson, Headquarters, Operations 

and Regulatory Community of Practice, 

Washington, DC at 202–761–4922, or 

Ms. Susan Meyer, Corps of Engineers, 

Honolulu District, Regulatory Branch at 

808–835–4599 or by email at 

susan.a.meyer@usace.army.mil. 

SUPPLEMENTARY INFORMATION: 

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 amending the 

regulations at 33 CFR 334.1390 by 

expanding the boundaries of the 

existing permanent danger zone in the 

waters of the Pacific Ocean off the 

Pacific Missile Range Facility at Barking 

Sands, Island of Kauai, Hawaii. 

The proposed rule was published in 

the July 1, 2013 issue of the Federal 

Register (78 FR 39198; docket number 

COE–2013–0007). Comments and 

statements were received from nine 

commenters in response to the Federal 

Register notice and the Corps of 

Engineers local Public Notice. The 

majority of the commenters opposed the 

expansion of the existing danger zone 

based on concerns that public access to 

the beach fronting the Pacific Missile 

Range Facility and the off-shore waters 

used by waterborne recreationalists, 

such as surfers, boaters, and fishermen, 

would be further restricted as a result of 

the amended danger zone. 

The expansion of the danger zone 

boundaries will not increase the 

frequency with which the danger zone 

is activated for public safety and 

military security during range 

operations, weapon systems testing, 

other military testing and training 

activities, increases in force protection, 

and other mission-essential evolutions. 

Residents and visitors who typically use 

these waters off Pacific Missile Range 

Facility should not see any change in 

practice; the danger zone will continue 

to be activated only in limited 

circumstances and on a temporary basis. 

The intent of the danger zone is to 

ensure public access is controlled 

during the infrequent times of increased 

force protection, range operations, 

weapon systems training, and other 

military testing and training activities to 

minimize the potential for injury to 

individuals and property. 

In addition, the State of Hawaii, 

Coastal Zone Management Program 

commented that the proposed federal 

action to amend the danger zone is 

subject to federal consistency review 

under the Coastal Zone Management 

Act of 1972 and therefore, requires the 

U.S. Navy to obtain concurrence from 

the state that the federal activity is 

consistent with the policies of the 

Hawaii Coastal Zone Management 

Program. 

The U.S. Navy prepared a federal 

consistency determination for the 

proposed federal action and coordinated 

the document with the State of Hawaii 

Coastal Zone Management Program. In a 

letter dated September 13, 2013, the 

Hawaii Coastal Zone Management 

Program office concurred with the U.S. 

Navy’s consistency determination, 

indicating the proposed activity is 

consistent to the maximum extent 

practicable with the enforceable policies 

of the Hawaii Coastal Zone Management 

Program. 

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 


pmangrum on DSK3VPTVN1PROD with RULES
Federal Register / Vol. 78, No. 241 / Monday, December 16, 2013 / Rules and Regulations 76061 

that the amendment of this danger zone 

has practically no economic impact on 

the public, no anticipated navigational 

hazard, or interference with existing 

waterway traffic. This final rule 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 determined this amendment 

to the regulation will not have a 

significant impact to the quality of the 

human environment and, therefore, 

preparation of an environmental impact 

statement is not required. An 

environmental assessment (EA) was 

prepared after the public notice period 

closed and all comments received from 

the public were considered. The 

environmental assessment may be 

viewed at the District office listed at the 

end of the FOR FURTHER INFORMATION

CONTACT section, above. 

d. Unfunded Mandates Act 

This final 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. The Corps has 

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 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 § 334.1390 to read as 

follows: 

§ 334.1390 Pacific Ocean off the Pacific 

Missile Range Facility at Barking Sands, 

Island of Kauai, Hawaii; danger zone. 

(a) The danger zone. All navigable 

waters within an area beginning at a 

point on the shore at latitude 

22°04′13.65′′ N, longitude 159°46′30.76′′ 

W; and continue south along the 

shoreline to latitude 21°58′42.77′′ N, and 

longitude 159°45′26.35′′ W. Thence 

extending southwest to latitude 

21°56′6.00′′ N, and longitude 

159°46′55.91′′ W extending northwest to 

latitude 21°58′59.81′′ N and longitude 

159°50′51.42′′ W, continuing north to 

latitude 22°02′28.09′′ N, and longitude 

159°51′28.15′′ W, and continuing 

northeast to latitude 22°06′ 30.71′′ N, 

longitude 159°49′20.43′′ W; and thence 

to point of beginning. All coordinates 

reference 1983 North American Datum 

(NAD 83). 

(b) The regulations. (1) Dredging, 

dragging, seining, and other similar 

operations within the danger zone are 

prohibited. 

(2) All persons, boats, vessels, or other 

craft are prohibited from entering, 

transiting, or remaining within the 

danger zone during range operations, 

test and training activities, or increases 

in force protection that pose a hazard to 

the general public, as determined by the 

enforcing agency. The enforcing 

agency’s determination of the necessity 

of closing the danger zone due to 

increases in force protection will be 

based on the Department of Defense 

Force Protection Condition (FPCON) 

System. From the lowest security level 

to the highest, FPCON levels are titled 

Normal, Alpha, Bravo, Charlie and 

Delta. 

(3) Closure of the danger zone will be 

indicated by Notice to Mariners, the 

presence of Pacific Missile Range 

Facility range boats, beach markings 

including beach signs along the north 

and south beach borders alerting 

shoreline foot traffic, security patrols, 

and radio transmissions on common 

ocean frequencies to include Marine 

band channel 6 (156.300 Mhz), Marine 

band channel 16 (156.800 Mhz), and CB 

channel 22. The enforcing agency will 

post the danger zone closure schedule 

on its official Navy Web site, http://

www.cnic.navy.mil/PMRF/, and 

Facebook page, http://

www.facebook.com/

PacificMissileRangeFacility. The danger 

zone closure schedule may also be 

obtained by calling the following phone 

numbers: 808–335–4301, 808–335– 

4388, and 808–335–4523. 

(4) Consistent with paragraph (b)(2) of 

this section, the enforcing agency is 

authorized to prohibit access into the 

danger zone by anyone, and all willful 

violations of the enforcing agency’s 

prohibitions are punishable under 33 

U.S.C. 3. 

(c) The enforcing agency. The 

regulations in this section shall be 

enforced by the Commanding Officer, 

Pacific Missile Range Facility, Hawaii 

and such agencies or persons as he or 

she may designate. 

Dated: December 11, 2013. 

James R. Hannon, 

Chief, Operations and Regulatory Directorate 

of Civil Works. 

[FR Doc. 2013–29878 Filed 12–13–13; 8:45 am] 

BILLING CODE 3720–58–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 17 

RIN 2900–AO46 

Authorization for Non-VA Medical 

Services 

AGENCY: Department of Veterans Affairs. 

ACTION: Final rule. 

SUMMARY: This Department of Veterans 

Affairs (VA) rulemaking amends VA’s 

regulations regarding payment by VA 

for medical services under VA’s 

statutory authority for non-VA medical 

care. In the Federal Register on 

November 28, 2012, VA proposed to 

remove an outdated regulatory 

limitation on veterans’ eligibility to be 

referred for non-VA medical care. On 

the same date, VA also published a 

companion direct final rule that would 

have made the same amendments 

effective on January 28, 2013, if no 

significant adverse comments were 

received. Because VA received adverse 

comments on the direct final rule, VA 

is withdrawing it in a companion 

document in this issue of the Federal 

Register. This rulemaking includes VA’s 

responses to comments on the proposed 

and direct final rules. 

DATES: Effective Date: This rule is 

effective January 15, 2014. 

FOR FURTHER INFORMATION CONTACT: Lisa 

Brown, Chief, Policy Management 

Department, Department of Veterans 

Affairs, Chief Business Office, 

Purchased Care, 3773 Cherry Creek 

North Drive, Suite 450, Denver, CO 

80209 at (303) 331–7829. This is not a 

toll-free number. 

SUPPLEMENTARY INFORMATION: On 

November 28, 2012, VA proposed a rule 

in the Federal Register, at 77 FR 70967, 

to amend its regulations authorizing 

non-VA medical care. Under our nonVA medical care authority in 38 U.S.C. 

1703, VA may provide certain hospital 

care (inpatient care) and medical 

services (outpatient care) for eligible 

veterans when VA facilities are not 

capable of providing economical 

services due to geographical 

inaccessibility or are not capable of 

providing the services needed. VA 

proposed to revise its existing 

regulation, at 38 CFR 17.52(a)(2)(ii), to 


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