26100 Federal Register / Vol. 75, No. 90 / Tuesday, May 11, 2010 / Rules and Regulations 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

Taking of Private Property 

This rule will not cause a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 5100.1 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction. This rule 

involves the establishment of a safety 

zone. An environmental analysis 

checklist and a categorical exclusion 

determination are available in the 

docket where indicated under 

ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security Measures, 

Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR Part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.T11–179 to read as 

follows: 

§ 165.T11–179 Safety zone; Copper 

Canyon Clean Up, Lake Havasu, AZ. 

(a) Location. The limits of the safety 

zone will include all waters of Copper 

Canyon extending from the surface to 

the river bottom, within 500 feet of the 

divers. 

(b) Enforcement Period. This section 

will be enforced from 7 a.m. to 11 a.m. 

on June 1, 2010. If the event concludes 

prior to the scheduled termination time, 

the Captain of the Port will cease 

enforcement of this safety zone. 

(c) Definitions. The following 

definition applies to this section: 

designated representative, means any 

commissioned, warrant, and petty 

officers of the Coast Guard on board 

Coast Guard, Coast Guard Auxiliary, 

and local, state, and Federal law 

enforcement vessels who have been 

authorized to act on the behalf of the 

Captain of the Port. 

(d) Regulations. (1) Entry into, transit 

through or anchoring within this safety 

zone is prohibited unless authorized by 

the Captain of the Port of San Diego or 

his designated on-scene representative. 

(2) All persons and vessels shall 

comply with the instructions of the 

Coast Guard Captain of the Port or the 

designated representative. 

(3) Upon being hailed by U.S. Coast 

Guard patrol personnel by siren, radio, 

flashing light, or other means, the 

operator of a vessel shall proceed as 

directed. 

(4) The Coast Guard may be assisted 

by other Federal, state, or local agencies. 

Dated: 4/27/2010. 

T. H. Farris, 

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

Port San Diego. 

[FR Doc. 2010–11086 Filed 5–10–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF DEFENSE 

Department of the Army, Corps of 

Engineers 

33 CFR Part 334 

Danger Zone, Pacific Ocean, Naval 

Base Coronado, Coronado, California 

AGENCY: U.S. Army Corps of Engineers, 

DoD. 

ACTION: Final rule. 

SUMMARY: The U.S. Army Corps of 

Engineers (Corps) is amending its 

regulations to establish a naval danger 

zone in the waters of the Pacific Ocean 

extending offshore from the small arms 

range at the Naval Base Coronado 

(NBC), in Coronado, San Diego County, 

California. The danger zone will provide 


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Federal Register / Vol. 75, No. 90 / Tuesday, May 11, 2010 / Rules and Regulations 26101 

an appropriate and enforceable zone in 

which the Navy may conduct small 

arms test firing to qualify military 

personnel. 

DATES: Effective date: June 10, 2010. 

ADDRESSES: Headquarters, U.S. Army 

Corps of Engineers, Operations and 

Regulatory Community of Practice, 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 by 

e-mail at david.b.olson@usace.army.mil 

or Ms. Peggy Bartels, U.S. Army Corps 

of Engineers, Los Angeles District, 

Regulatory Division, at 760–602–4832 or 

by e-mail at 

peggy.j.bartels@usace.army.mil. 

SUPPLEMENTARY INFORMATION: The 

Commander, Naval Base Coronado 

(NBC), has requested that the Corps 

establish a danger zone in the waters of 

the Pacific Ocean, pursuant to its 

authorities under section 7 of the Rivers 

and Harbors Act of 1917 (40 State 266; 

33 U.S.C. 1) and Chapter XIX of the 

Army Appropriations Act of 1919 (40 

Stat. 892; 33 U.S.C. 1). From 1959 to 

2008, the Navy has operated a partially 

baffled Small Arms Range (SAR) at 

NBC. The SAR consists of two firing 

areas, a 12-lane pistol range and a 10- 

lane rifle range, each of which are 25 

yards in length. The targets are backed 

by a 20-foot-high berm and each range 

has an 18-foot-high berm along the 

edges. During operation, approximately 

1,000 military personnel use the SAR 

for small arms qualification every 

month. From 1958 until 2008, the SAR 

routinely operated 360 days of the year, 

during which time the Navy 

implemented and observed safety 

measures to prevent potential ricochets 

from exiting the SAR. 

In 2008, after an internal safety 

review, the Navy voluntarily closed the 

SAR for the purpose of formally 

establishing the danger zone under the 

Corps authorities cited above. Although 

there have been no known public safety 

incidents since it was constructed, the 

Navy elected to suspend all operations 

at the SAR until a danger zone was 

formally established. The danger zone is 

essential to guard persons and property 

from the dangers associated with 

possible munitions ricochets and to 

bring the existing NBC SAR into 

compliance with the Department of 

Navy regulations in the Military 

Handbook, Range Facilities and 

Miscellaneous Training Facilities Other 

Than Buildings, MIL–HDBK–1027/3B 

(30 November 1992, Change 1, 30 June 

1995, Naval Facilities Engineering 

Command, Southern Division, 

Charleston, South Carolina). 

The proposed rule was published in 

the July 9, 2009, edition of the Federal 

Register (74 FR 32818) and the docket 

number is COE–2009–0033. In June and 

August 2009, the Corps’ Los Angeles 

District issued public notices soliciting 

comments on the proposal to all known 

interested parties. The District received 

a total of 24 comments. Please note that 

the proposed rule referred to the 

installation as Naval Air Station North 

Island and the final rule uses the current 

designation of the installation, which is 

Naval Base Coronado. 

Several commenters stated the area in 

question has many uses of high priority 

to the maritime community, including 

yacht club races; bait hauling for sports 

fishing charters; recreational fishers; 

and lobster trapping. The danger zone 

and nearby area are transited by many 

visitors on recreational boats throughout 

the day and night. Commenters stated 

that stray rounds so close to the 

entrance to San Diego Bay was 

‘‘absolutely unacceptable.’’ They also 

noted that vessels returning from 

Mexico would have no idea what the 

SAR warning flags along the shoreline 

indicate and may inadvertently travel 

through the danger zone. They 

recommended either an enclosed indoor 

range be used, or the rifle range be 

placed at Camp Pendleton, Otay Mesa, 

El Cajon, or Escondido. One commenter 

was concerned about anchoring along 

the Zuniga Jetty near the danger zone. 

Another commenter was concerned 

about the effect of the danger zone on 

the Sir Lipton Cup Races. 

To ensure safe use of the danger zone 

by the public, section 334.866(b) of the 

rule was modified to provide more 

advance notice of the Navy’s intention 

to use the SAR during periods of 

activity by the following means: VHF– 

FM radio communication, Web sites, 

raising flags, and flashing red lights. 

The far west end (deep end) of the 

danger zone is located approximately 

one thousand (1,000) meters east of the 

entrance to San Diego Bay. Department 

of Navy munitions experts have assured 

the Corps that the SAR design and 

safety features will prevent ricochets 

from exiting the SAR with the exception 

of a rare ricochet that may reach the 

danger zone in the Pacific Ocean. 

However, the danger zone is configured 

so that these rare ricochets will not exit 

from it. 

To assist mariners, updated nautical 

charts will be published by the National 

Oceanic and Atmospheric 

Administration that cite the regulations 

and clearly depict the boundaries of the 

danger zone. These nautical charts are 

used by mariners internationally and 

should provide danger zone awareness 

required by international boaters 

traveling in or near the SAR and the 

danger zone. In addition, the locations 

of the SAR’s flag poles and flashing red 

lights will be mapped on the nautical 

charts. 

The Corps considered five alternatives 

to the proposal, including those 

suggested by the commenters. The 

alternatives were rejected from further 

consideration for the following reasons: 

no Congressional authority has 

authorized the use of funds to enclose 

the SAR; it is unrealistic to wait up to 

eight years or more for military 

construction funding to be approved 

and an indoor facility to be built to 

resume SAR training, and traveling to 

off-base locations for training results in 

training delays, which would prevent 

the Navy from meeting its training 

mission. 

The anchorage along the Zuniga Jetty 

is not affected by the final rule. 

The majority of yacht and sailboat 

racing occurs within San Diego Bay and 

southeast of Zuniga Jetty. While some 

coordination between the U.S. Coast 

Guard and the NBC SAR would be 

necessary, no loss of organized yacht 

racing areas or sailing courses is 

expected. 

Administrative Requirements 

a. Review Under Executive Order 

12866. This 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. Regulatory Flexibility Act, as 

Amended by the Small Business 

Regulatory Enforcement Fairness Act of 

1996, 5 U.S.C. 601 et seq. This 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 the impact of the new danger zone 

would not have a significant economic 

impact on a substantial number of small 

entities. For more detailed analysis of 

potential economic impacts of this rule, 

please see the regulatory analysis in the 

environmental assessment. 

c. Review Under the National 

Environmental Policy Act. An 

environmental assessment (EA) has 

been prepared. We have concluded that 

the establishment of a danger zone off 

NBC will not have a significant impact 

to the quality of the human environment 

and, therefore, preparation of an 


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26102 Federal Register / Vol. 75, No. 90 / Tuesday, May 11, 2010 / Rules and Regulations 

environmental impact statement is not 

required. The final EA and Finding of 

No Significant Impact may be reviewed 

at the Los Angeles District Office. Please 

contact Peggy Bartels at the phone 

number specified above for further 

information. 

d. Unfunded Mandates Reform Act. 

This 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 

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 

rule. 

List of Subjects in 33 CFR Part 334 

Danger zones, Navigation (water), 

Transportation, Waterways. 

■ For the reasons stated in the preamble, 

the Corps is amending 33 CFR part 334 

to read 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 § 334.866 to read as follows: 

§ 334.866 Pacific Ocean at Naval Base 

Coronado, in the City of Coronado, San 

Diego County, California; Naval Danger 

Zone. 

(a) The area. A fan-shaped area 

extending westerly into the waters of 

the Pacific Ocean from a point on the 

beach of Naval Base Coronado, 

Coronado, California beginning at 

latitude 32°41′13′′ N, longitude 

117°12′45′′ W; thence easterly, along the 

mean high water mark, to latitude 

32°41′14′′ N, longitude 117°12′32′′ W; 

thence southerly to latitude 32°40′31′′ N, 

longitude 117°12′12′′ W; thence westerly 

to latitude 32°40′25′′ N, longitude 

117°12′43′′ W; thence northerly, 

landward, to the point of origin. 

(b) The regulations. (1) Range live 

firing on the Naval Base Coronado, 

Coronado, California small arms range 

may occur at any time. Information on 

live firing schedules and coordination 

for community concerns can be 

obtained by calling the Naval Base 

Coronado Small Arms Range Safety 

Officer at 619–545–8413 during normal 

working hours. Assistance is also 

available via the Naval Base Coronado 

Hotline at 619–545–7190 or the Naval 

Base Coronado operator at 619–545– 

1011. If the phone numbers are changed, 

they will be updated on the Naval Base 

Coronado Web site http:// 

www.cnic.navy.mil/Coronado. 

(2) The danger zone will be open to 

fishing and general navigation when no 

weapons firing is scheduled, which will 

be indicated by the absence of any 

warning flags or flashing lights on land 

in the locations specified in paragraphs 

(b)(3) and (b)(4) of this section. 

(3) When live firing is about to be 

undertaken or is in progress during 

daylight hours, three (3) large red 

warning flags will be displayed at the 

top of the flag poles on the southern 

berm of the small arms range, so as to 

be clearly visible from all points of entry 

into the danger zone. The west flag pole 

is located on the southern berm at 

latitude 32°41′21.5′′ N, longitude 

117°12′42.8′′ W, the middle flag pole is 

located at latitude 32°41′21.7′′ N, 

longitude 117°12′40.9′′ W, and the east 

flag pole is located at latitude 

32°41′22.4′′ N, longitude 117°12′38.7′′ 

W. 

(4) When live firing is about to be 

undertaken or is in progress during 

periods of darkness, three (3) red 

flashing warning lights will be 

displayed at the top of the flag poles on 

the southern berm of the small arms 

range at the locations described in 

paragraph (b)(3) of this section, so as to 

be clearly visible from all points of entry 

into the danger zone. 

(5) The danger zone is not considered 

safe for vessels or individuals when live 

firing is in progress. When live firing is 

about to begin or is scheduled as 

indicated by the warning flags or 

flashing warning lights described in 

paragraphs (b)(3) and (b)(4) of this 

section, all vessels will be required to 

expeditiously vacate the danger zone. 

(6) Anchoring by any vessel within 

the danger zone is prohibited. 

(7) Prior to conducting live firing, 

Navy personnel will visually scan the 

danger zone to ensure that no vessels or 

individuals are located within it. Any 

vessels or individuals in the danger 

zone will be notified by the Navy Range 

Safety Officer using a marine VHF–FM 

marine radio and by other means as 

necessary, to exit the danger zone and 

remain outside the area until conclusion 

of live firing. As new technology 

becomes available, the VHF–FM marine 

radio communications system may be 

updated. 

(8) Safety observers will be posted in 

accordance with range standard 

operating procedures at all times when 

the warning flags or flashing lights 

described in paragraphs (b)(3) and (b)(4) 

of this section are displayed. Operation 

of the small arms range will only occur 

when visibility is sufficient to maintain 

visual surveillance of the danger zone 

and vicinity. In the event of limited 

visibility due to rain, fog or other 

conditions, live firing will be postponed 

until the danger zone can be confirmed 

clear of all vessels and individuals. 

(9) Naval Base Coronado will 

maintain a schedule of live firing at the 

small arms range on its Web site, 

http://www.cnic.navy.mil/Coronado, 

which will be accessible to the public, 

mariners, and recreationists. The Navy 

will maintain the Web site on a year 

round basis and update information as 

needed for public safety. 

(c) Enforcement. The regulation in 

this section will be enforced by the 

Commanding Officer, Naval Base 

Coronado, and such agencies and 

persons as he/she may designate. 

Dated: April 30, 2010. 

Approved: 

Michael G. Ensch, 

Chief, Operations, Directorate of Civil Works. 

[FR Doc. 2010–11125 Filed 5–10–10; 8:45 am] 

BILLING CODE 3720–58–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2010–0062; FRL–9141–3] 

Approval and Promulgation of 

Implementation Plans, State of 

California, San Joaquin Valley Unified 

Air Pollution Control District, New 

Source Review 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action on 

revisions to the San Joaquin Valley 

Unified Air Pollution Control District 

portion of the California State 

Implementation Plan. Specifically, EPA 

is taking final action on three amended 

District rules, one of which was 

submitted on March 7, 2008 and the 

other two of which were submitted on 

March 17, 2009. Two of the submitted 

rules reflect revisions to approved 

District rules that provide for review of 

new and modified stationary sources 

(‘‘new source review’’ or NSR) within 

the District, and the third reflects 

revisions to an approved District rule 

that provides a mechanism by which 

existing stationary sources may 

voluntarily limit their operations to 

avoid the requirement to secure a 

Federally-mandated operating permit. 

The NSR rule revisions relate to 

exemptions from permitting and offsets 

requirements for certain agricultural 


jlentini on DSKJ8SOYB1PROD with RULES