[Federal Register Volume 62, Number 144 (Monday, July 28, 1997)]
[Rules and Regulations]
[Pages 40278-40279]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19777]


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DEPARTMENT OF DEFENSE

Department of the Army; Corps of Engineers

33 CFR Part 334


Danger Zone, Pacific Ocean, Naval Air Weapons Station, Point 
Mugu, Ventura County, California

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

ACTION: Interim final rule.

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SUMMARY: This interim final rule invites comments on the Corps proposal 
to establish a danger zone in the waters of the Pacific Ocean extending 
5,000 meters offshore from the small arms range at the Naval Air 
Weapons Station, Point Mugu, Ventura County, California. The danger 
zone would provide an appropriate and enforceable zone in which the 
Navy may conduct small arms test firing to qualify military and 
civilian security personnel.

DATES: Interim final rule effective July 28, 1997. Written comments 
must be submitted on or before August 27, 1997.

ADDRESSES: HQUSACE, CECW-OR, Washington, DC 20314-1000.

FOR FURTHER INFORMATION CONTACT: Ms. Tiffany Welch at (805) 641-2935 or 
Mr. Ralph Eppard at (202) 761-1783.

SUPPLEMENTARY INFORMATION: The Commander, Naval Air Weapons Station, 
Point Mugu, has requested that the Corps establish a danger zone in the 
waters of the Pacific Ocean north of Point Mugu. The area will be open 
to public use at all times except when the Navy is using the firing 
range on shore. The Navy will give advance notice of closure of the 
area by local newspapers, VHF radio, contact with individual vessels 
and contact with certain fishing organizations. There are no 
anticipated navigational hazards or interference with existing traffic. 
General public use of the area is restricted due to ongoing naval 
activities. Therefore, no loss of resources or use of resources would 
be borne by the public. On February 28, 1997, the Corps Los Angeles 
District Engineer issued a public notice soliciting comments on this 
proposed danger zone to all known interested parties. The District did 
not receive any objections to the establishment of the danger zone. In 
view of the existing threat to public safety within this area, this 
interim final rule is effective upon publication in the Federal 
Register. The Corps will consider all comments received in response to 
this interim final rule and in the event substantive comments are 
received, the Corps will take appropriate action which may include 
further revision or suspension of the rules.

Economic Assessment and Certification

    This interim final rule is issued with respect to a military 
function of the Defense Department and the provisions of Executive 
Order 12291 do not apply. This interim final rule has been reviewed 
under the Regulatory Flexibility Act (P.L. 96-354), which requires the 
preparation of a regulatory flexibility and analysis for any regulation 
that will have significant economic impact on a substantial number of 
small businesses (i.e., small businesses and small Government 
jurisdictions). It has been determined that establishment of this 
danger zone would have practically no impact on the public, no 
anticipated navigational hazard or interference with existing waterway 
traffic and accordingly, the Corps certifies that this proposal if 
adopted, will have no significant economic impact on small entities and 
preparation of a regulatory flexibility analysis is not warranted.

Review Under the National Environmental Policy Act

    An environmental assessment has been prepared for this action. We 
have concluded that the establishment of the danger zone off Point Mugu 
will not have a significant impact to the human environment and 
preparation of an environmental impact statement is not required. The 
environmental assessment may be reviewed at the Los Angeles District 
Office. Please contact Ms. Tiffany Welch at (805) 641-2935 for further 
information.

Unfunded Mandates Act

    This interim final rule does not impose an enforceable duty among 
the private sector and, therefore, is not a Federal private sector 
mandate and is not subject to the requirements of Section 202 or 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.

Submission to Congress and the General Accounting Office

    Pursuant to Section 801(a)(1)(A) of the Administrative Procedure 
Act as amended by the Small Business Regulatory Enforcement Fairness 
Act of 1996, the Army has submitted a report containing this interim 
final rule to the U.S. Senate, House of Representatives, and the 
Comptroller General of the General Accounting Office. This interim 
final rule is not a major rule within the meaning of Section 804(2) of 
the Administrative Procedure Act, as amended.

List of Subjects in 33 CFR Part 334

    Danger Zones, Navigation (water), Transportation.

    In consideration of the above, the Corps of Engineers is amending 
part 334 of title 33 to read as follows:

PART 334--DANGER ZONE AND RESTRICTED AREA REGULATIONS

    1. The authority citation for part 334 continues to read as 
follows:

    Authority: 40 Stat. 226; (33 U.S.C. 1) and 40 Stat. 892; (33 
U.S.C. 3).

    2. Add Sec. 334.1125 to read as follows:


Sec. 334.1125   Pacific Ocean Naval Air Weapons Station, Point Mugu, 
Small Arms Range, Ventura County, California; danger zone

    (a) The area. A triangular area extending southerly into the waters 
of the Pacific Ocean from a point on the beach north of Point Mugu, 
California, as follows:

------------------------------------------------------------------------
       Station                Latitude                 Longitude        
------------------------------------------------------------------------
1...................  34 deg.05'48'' N.......  119 deg.07'03'' W.       
2...................  34 deg.03'20'' N.......  119 deg.08'16'' W.       
3...................  34 deg.03'11'' N.......  119 deg.07'39'' W.       
4...................  34 deg.05'42'' N.......  119 deg.06'59'' W.       
5...................  34 deg.05'41'' N.......  119 deg.06'51'' W.       
6...................  34 deg.05'45'' N.......  119 deg.06'52'' W.       
------------------------------------------------------------------------

    (b) The regulations. (1) Range firing will normally take place 
between 7 a.m. and 5 p.m. Monday through Friday.
    (2) The danger zone may be used at all times for navigation and 
fishing, except when advance notice of intention to use this area has 
been given by the enforcing agency by one or more of the following 
means:
    (i) Notice published in Ventura County daily newspaper, at least 
two

[[Page 40279]]

days in advance of the date of said use and in the local ``Notice to 
Mariners.''
    (ii) Display of red flag from the tower at 34 deg.05'53'' N., 
119 deg.06'59'' W; or display of red flashing beacons in the case of 
night firing.
    (iii) Radio broadcast on VHF-FM channel 16.
    (iv) Notice to individual craft by visit of United States vessel.
    (v) Telephone advice to such fisherman's organizations as may 
request, in writing, that such advice be given.
    (3) Safety observers will be on duty at all times when the range is 
in use. Upon completion of firings, or if the scheduled firing is 
canceled for any reason, fishermen and small boat operators will be 
notified as far in advance as possible by Marine Radio Broadcast.
    (4) Persons, vessels or other craft shall not enter or remain in 
the danger zone when the warning flag or beacon is being displayed 
unless authorized to do so by the range officer in the control tower.
    (5) The regulations in this section shall be enforced by personnel 
attached to the Naval Air Weapons Station, Point Mugu, California, and 
by such other agencies as the Commandant, Eleventh Naval District, San 
Diego, California, may designate.

    Dated: July 14, 1997.
Russell L. Fuhrman,
Major General, USA, Director of Civil Works.
[FR Doc. 97-19777 Filed 7-25-97; 8:45 am]
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