25952 Federal Register / Vol. 77, No. 85 / Wednesday, May 2, 2012 / Proposed Rules 

rulemaking process and include them in 

the final rule. 

List of Subjects in 30 CFR Part 943 

Intergovernmental relations, Surface 

mining, Underground mining. 

Dated: February 24, 2012. 

Ervin J. Barchenger, 

Regional Director, Mid-Continent Region. 

[FR Doc. 2012–10572 Filed 5–1–12; 8:45 am] 

BILLING CODE 4310–05–P 

DEPARTMENT OF DEFENSE 

Department of the Army, Corps of 

Engineers 

33 CFR Part 334 

Oregon Army National Guard, Camp 

Rilea, Clatsop County, OR; Danger 

Zone 

AGENCY: U.S. Army Corps of Engineers, 

DoD. 

ACTION: Notice of proposed rulemaking 

and request for comments. 

SUMMARY: The U.S. Army Corps of 

Engineers is proposing to establish a 

new danger zone in the waters adjacent 

to Camp Rilea located in Clatsop 

County, Oregon. The regulation would 

prohibit any activity by the public 

within the danger zone during use of 

weapons training ranges. The new 

danger zone is necessary to ensure 

public safety and satisfy the Oregon 

National Guard operations requirements 

for small arms training. 

DATES: Written comments must be 

submitted by June 1, 2012. 

ADDRESSES: You may submit comments, 

identified by docket number COE– 

2011–0036, 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–2011– 

0036, in the subject line of the message. 

Mail: U.S. Army Corps of Engineers, 

Attn: CECW–CO (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–2011–0036. 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. 

Steve Gagnon, U.S. Army Corps of 

Engineers, Portland District, Regulatory 

Branch, at 503–808–4379. 

SUPPLEMENTARY INFORMATION: In 

response to a request from the Oregon 

Army National Guard, and 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 is 

proposing to amend the regulations at 

33 CFR part 334 to establish a new 

danger zone. The proposed danger zone 

will prohibit access to waters adjacent 

to Camp Rilea during use of weapons 

training ranges, thereby ensuring that no 

threat is posed to passing water traffic 

due to ricochet rounds. 

Procedural Requirements 

a. Review Under Executive Order 

12866. The 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 this danger zone 

would have practically no economic 

impact on the public, and minimal 

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 the proposed site for the danger 

zone is located in the Pacific Ocean and 

vessels may navigate around the 

prohibited 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 section 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 stated in the 

preamble, the Corps proposes to amend 

33 CFR part 334 as follows: 


emcdonald on DSK29S0YB1PROD with PROPOSALS
Federal Register / Vol. 77, No. 85 / Wednesday, May 2, 2012 / Proposed Rules 25953 

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 § 334.1175 to read as follows: 

§ 334.1175 Pacific Ocean, at Camp Rilea, 

Clatsop County, Oregon; Danger Zone. 

(a) The area. The danger zone shall 

encompass all navigable waters of the 

United States as defined at 33 CFR part 

329, within the area bounded by a line 

connecting the following coordinates: 

Beginning at latitude 46°09′00.32′′ N, 

longitude 123°57′52.57′′ W; thence to 

latitude 46°09′00.32′′ N, longitude 

124°01′03.92′′ W; thence to latitude 

46°05′25.38′′ N, longitude 124°01′03.92′′ 

W; thence to latitude 46°05′25.38′′ N, 

longitude 123°56′23.19′′ W. 

(b) The regulations. (1) No person or 

vessel shall enter or remain in the 

danger zone when restrictions are in 

force during weapons range training 

activities. At all other times, nothing in 

this regulation prohibits any lawful uses 

of this area. 

(2) A schedule for proposed closures 

of the danger zone will be furnished to 

the U.S. Coast Guard, Astoria Command 

Center one week in advance of range 

training activities to provide local notice 

to mariners. Changes to the schedule 

made less than one week in advance of 

the event will be transmitted to the 

Astoria Command Center on the day the 

change is made. 

(3) At least 30 minutes prior to 

restricting navigation in the danger 

zone, red flags will be raised on wooden 

poles immediately next to the beach at 

the north and south boundaries of Camp 

Rilea. The red flags will remain flying 

while the ranges are in use. During night 

weapons training activities, red lights 

will be substituted for the flags. Closure 

announcements will be broadcast over 

marine VHF Channel 16/19. When range 

training activities are completed, the red 

flags will be removed and an 

announcement made over marine VHF 

Channel 16/19 that restrictions are 

lifted. 

(4) When restrictions are in force, 

Camp Rilea will visually monitor the 

danger zone using radar and guards, 

equipped with binoculars and two-way 

radios, posted on the beach near the 

north and south boundaries of the 

Camp. If a vessel is detected in the 

danger zone, a cease fire will be called 

on all active weapons ranges and Camp 

Rilea will attempt to contact the vessel 

using marine VHF radio. Cease fire will 

be maintained until the vessel leaves the 

danger zone. 

(c) Enforcement. The regulations in 

this section shall be enforced by the 

Commanding Officer, Camp Rilea, 

Oregon and such agencies as he/she 

may designate. 

Dated: April 23, 2012. 

Richard C. Lockwood, 

Chief, Operations and Regulatory, Directorate 

of Civil Works. 

[FR Doc. 2012–10608 Filed 5–1–12; 8:45 am] 

BILLING CODE 3720–58–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2012–0271; FRL–9664–1] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Removal of the 1980 

Consent Order for the Maryland Slag 

Company 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA proposes to approve the 

State Implementation Plan (SIP) 

revision submitted by the Maryland 

Department of Environment to revise 

the Maryland State Implementation Plan 

(SIP). The revision removes a 1980 

Consent Order issued to the Maryland 

Slag Company (now known as 

MultServ). The 1980 Consent Order is 

no longer required to satisfy applicable 

Federal regulations and the Clean Air 

Act (CAA). In the Final Rules section of 

this Federal Register, EPA is approving 

the State’s SIP submittal as a direct final 

rule without prior proposal because the 

Agency views this as a noncontroversial 

submittal and anticipates no adverse 

comments. A detailed rationale for the 

approval is set forth in the direct final 

rule. If no adverse comments are 

received in response to this action, no 

further activity is contemplated. If EPA 

receives adverse comments, the direct 

final rule will be withdrawn and all 

public comments received will be 

addressed in a subsequent final rule 

based on this proposed rule. EPA will 

not institute a second comment period. 

Any parties interested in commenting 

on this action should do so at this time. 

DATES: Comments must be received in 

writing by June 1, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2012–0271 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: spink.marcia@epa.gov. 

C. Mail: EPA–R03–OAR–2012–0271, 

Marcia L. Spink, Associate Director for 

Policy and Science, Mailcode 3AP00, 

U.S. Environmental Protection Agency, 

Region III, 1650 Arch Street 

Philadelphia, Pennsylvania 19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2012– 

0271. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

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 www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to EPA without going 

through www.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, EPA recommends 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 EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., 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. Publicly available docket 

materials are available either 

electronically in www.regulations.gov or 

in hard copy during normal business 

hours at the Air Protection Division, 

U.S. Environmental Protection Agency, 


emcdonald on DSK29S0YB1PROD with PROPOSALS