Federal Register / Vol. 80, No. 35 / Monday, February 23, 2015 / Rules and Regulations 9385 

Department will maintain a Web site to 

disseminate information about closures. 

Oregon Department of Fish and 

Wildlife also had concerns about 

potential disturbance to sensitive 

wildlife species, including Steller sea 

lions, snowy plovers, and sea turtles. 

The use of the danger zone is not 

expected to increase impacts to any 

wildlife. A danger zone is a buffer 

established around a firing range for 

unexpected errant rounds or explosive 

fragments. In addition, establishing a 

buffer is intended to increase public 

safety during training on the firing 

ranges, but is not granting permission 

for the National Guard to perform 

training. Increased activity due to the 

danger zone determination would be 

limited to hanging warning flags and 

posting guards on the beach. This type 

of activity is entirely consistent with 

existing activity on the beach and would 

not increase impacts to sensitive 

wildlife species in the area. 

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 rule has been 

reviewed under the Regulatory 

Flexibility Act (Pub. L. 96–354). The 

Regulatory Flexibility Act generally 

requires an agency to prepare a 

regulatory flexibility analysis of any rule 

subject to the notice-and-comment 

rulemaking requirements under the 

Administrative Procedure Act or any 

other statute unless the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities (i.e., small 

businesses and small governments). The 

danger zone is necessary to protect 

public safety and satisfy the Oregon 

National Guard’s operations 

requirements for small arms training. 

Small entities can utilize navigable 

waters in the danger zone when the 

danger zone is not activated by the 

Oregon National Guard. When the 

danger zone is activated, small entities 

can utilize navigable waters outside of 

the danger zone. After considering the 

economic impacts of this danger zone 

regulation on small entities, I certify 

that this action will not have a 

significant impact on a substantial 

number of small entities. 

c. Review Under the National 

Environmental Policy Act. The Corps 

has determined that this 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 

has been prepared and may be reviewed 

at the District office listed at the end of 

the FOR FURTHER INFORMATION CONTACT

section, above. 

d. Unfunded Mandates Act. This 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 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 § 334.1175 to read as follows: 

§ 334.1175 Pacific Ocean, at Camp Rilea, 

Clatsop County, Oregon; Danger Zone. 

(a) The danger zone. The danger zone 

shall encompass all navigable waters of 

the United States, as defined at 33 CFR 

part 329, within an area bounded as 

follows: 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. The datum for these coordinates is 

WGS84. 

(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 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 

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: February 18, 2015. 

Edward E. Belk, Jr., 

Chief, Operations and Regulatory Division, 

Directorate of Civil Works. 

[FR Doc. 2015–03626 Filed 2–20–15; 8:45 am] 

BILLING CODE 3720–58–P 

DEPARTMENT OF DEFENSE 

Department of the Army, Corps of 

Engineers 

33 CFR Part 334 

St. Johns River, U.S. Coast Guard 

Station Mayport, Sector Jacksonville, 

Florida; Restricted Area 

AGENCY: United States Army Corps of 

Engineers, DoD. 

ACTION: Final rule. 

SUMMARY: The U.S. Army Corps of 

Engineers (Corps) is amending its 

restricted area/danger zone regulations 

to establish a new restricted area in the 

waters surrounding U.S. Coast Guard 

Sector Jacksonville facilities at Station 

Mayport, Jacksonville, Florida (Station 

Mayport). Station Mayport is situated on 

the south side of the St. Johns River 

which, as the primary federal navigable 

channel entering the Port of 

Jacksonville, is heavily transited by 

commercial and recreational vessels. 

This United States Coast Guard (USCG) 


emcdonald on DSK67QTVN1PROD with RULES
9386 Federal Register / Vol. 80, No. 35 / Monday, February 23, 2015 / Rules and Regulations 

facility maintains a high operational 

tempo for both routine and emergency 

operations. This amendment to the 

existing regulations is necessary to 

enhance the USCG’s ability to counter 

postulated threats against their 

personnel, equipment, cutters and 

facilities by providing a stand-off buffer 

encompassing the waters immediately 

contiguous to the Station Mayport. The 

amendment will also serve to protect 

the general public from injury or 

property damage during routine and 

emergency USCG operations and 

provide an explosive safety arc buffer 

during periodic transfer of ammunitions 

between units, including cutters. 

DATES: Effective March 25, 2015. 

ADDRESSES: U.S. Army Corps of 

Engineers, Attn: CECW–CO (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. 

Mark R. Evans, U.S. Army Corps of 

Engineers, Jacksonville District, 

Regulatory Division, at 904–232–2028. 

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 is 

amending the regulations in 33 CFR part 

334 by adding § 334.505 to establish a 

new restricted area in the waters of the 

St. Johns River adjacent to Station 

Mayport. The amendment to this 

regulation will allow the Commanding 

Officer, U.S. Coast Guard Station 

Mayport to restrict passage of persons, 

watercraft, and vessels in waters 

contiguous to this Command, thereby 

providing greater security to the 

personnel, equipment, cutters and 

facilities housed at the site. 

The proposed rule was published in 

the July 17, 2014, issue of the Federal 

Register (79 FR 41664), and its 

regulations.gov docket number is COE– 

2014–0009. In response to the proposed 

rule, one comment was provided by the 

Marine Chart Division, National 

Oceanic and Atmospheric 

Administration. The concern voiced 

pertained to the lack of information 

regarding what horizontal datum was 

associated with the latitude/longitude 

coordinates used to define the restricted 

area. In response to the comment 

received, we have modified the rule text 

to include datum information within the 

body of the final rule. 

Procedural Requirements 

a. Review Under Executive Order 

12866. This regulation is issued with 

respect to a military function of the 

Department of Defense and the 

provisions of Executive Order 12866 do 

not apply. 

b. Review Under the Regulatory 

Flexibility Act. This rule has been 

reviewed under the Regulatory 

Flexibility Act (Pub. L. 96–354). The 

Regulatory Flexibility Act generally 

requires an agency to prepare a 

regulatory flexibility analysis of any rule 

subject to the notice-and-comment 

rulemaking requirements under the 

Administrative Procedure Act or any 

other statute unless the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities (i.e., small 

businesses and small governments). The 

restricted area regulations is necessary 

to protect USCG personnel, equipment, 

cutters, and facilities at Station 

Mayport. The restricted area is also 

necessary to protect the general public 

from injury or property damage during 

routine and emergency USCG 

operations. Small entities can continue 

to use the navigable waters of St. Johns 

River that are outside of the restricted 

area. After considering the economic 

impacts of this danger zone regulation 

on small entities, I certify that this 

action will not have a significant impact 

on a substantial number of small 

entities. 

c. Review Under the National 

Environmental Policy Act. This 

regulation 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. It may be 

reviewed at the district office listed at 

the end of FOR FURTHER INFORMATION

CONTACT, above. 

d. Unfunded Mandates Act. This 

regulation 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 

regulation. 

List of Subjects in 33 CFR Part 334 

Danger zones, 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 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 § 334.505 to read as follows: 

§ 334.505 St. Johns River, U.S. Coast 

Guard Station Mayport, Sector Jacksonville, 

Florida; restricted area. 

(a) The area. The restricted area 

encompasses 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: 

Commencing from the shoreline at 

latitude 30°23.315366′ N, longitude 

081°26.056735′ W; thence directly to 

latitude 30°23.325775′ N, longitude 

081°26.071548′ W; thence directly to 

latitude 30°23.266063′ N, longitude 

081°26.132775′ W; thence to latitude 

30°23.215082′ N, longitude 

081°26.1287404′ W; thence proceed 

directly to a point on the shoreline at 

latitude 30°23.204522′ N, longitude 

081°26.111753′ W thence following the 

mean high water line to the point of 

beginning. The datum for these 

coordinates is WGS84. 

(b) The regulation. (1) The restricted 

area described in paragraph (a) of this 

section is only open to U.S. Government 

vessels. U.S. Government vessels 

include, but are not limited to, U.S. 

Coast Guard, U.S. Coast Guard 

Auxiliary, Department of Defense, 

National Oceanic and Atmospheric 

Administration, state and local law 

enforcement, emergency services and 

vessels under contract with the U.S. 

Government. Warning signs notifying 

individuals of the restricted area 

boundary and prohibiting all 

unauthorized entry into the area will be 

posted along the property boundary. 

(2) All persons, vessels and other craft 

are prohibited from entering, transiting, 

drifting, dredging or anchoring within 

the restricted area described in 

paragraph (a) of this section without 

prior approval from the Commanding 

Officer, U.S. Coast Guard Station 

Mayport or his/her designated 

representative. 

(3) Fishing, trawling, net-fishing and 

other aquatic activities are prohibited in 

the restricted area without prior 

approval from the Commanding Officer, 

U.S. Coast Guard Station Mayport or 

his/her designated representative. 


emcdonald on DSK67QTVN1PROD with RULES
Federal Register / Vol. 80, No. 35 / Monday, February 23, 2015 / Rules and Regulations 9387 

(4) The restrictions described in 

paragraph (b) of this section are in effect 

24 hours a day, 7 days a week. 

(c) Enforcement. The regulations in 

this section shall be enforced by the 

Commanding Officer, U.S. Coast Guard 

Station Mayport and/or such persons or 

agencies as he/she may designate. 

Dated: February 18, 2015. 

Edward E. Belk, Jr., 

Chief, Operations and Regulatory Division, 

Directorate of Civil Works. 

[FR Doc. 2015–03625 Filed 2–20–15; 8:45 am] 

BILLING CODE 3720–58–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 174 

[EPA–HQ–OPP–2014–0457; FRL–9922–53] 

Temporary Exemption From the 

Requirement of a Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes a 

temporary exemption from the 

requirement of a tolerance for residues 

of the VNT1 protein in potato when 

used as a plant-incorporated protectant 

in accordance with the terms of 

Experimental Use Permit (EUP) No. 

8917–EUP–2. J.R. Simplot Company 

submitted a petition to EPA under the 

Federal Food, Drug, and Cosmetic Act 

(FFDCA), requesting the temporary 

tolerance exemption. This regulation 

eliminates the need to establish a 

maximum permissible level for residues 

of VNT1 protein in potato. The 

temporary tolerance exemption expires 

on December 31, 2015. 

DATES: This regulation is effective 

February 23, 2015. Objections and 

requests for hearings must be received 

on or before April 24, 2015, and must 

be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2014–0457, is 

available at http://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW., Washington, DC 

20460–0001. The Public Reading Room 

is open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the OPP 

Docket is (703) 305–5805. Please review 

the visitor instructions and additional 

information about the docket available 

at http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Robert McNally, Biopesticides and 

Pollution Prevention Division (7511P), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; main telephone 

number: (703) 305–7090; email address: 

BPPDFRNotices@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

B. How can I get electronic access to 

other related information? 

You may access a frequently updated 

electronic version of 40 CFR part 174 

through the Government Printing 

Office’s e-CFR site at http://

www.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/

40tab_02.tpl. 

C. How can I file an objection or hearing 

request? 

Under FFDCA section 408(g), 21 

U.S.C. 346a, any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2014–0457 in the subject line on 

the first page of your submission. All 

objections and requests for a hearing 

must be in writing, and must be 

received by the Hearing Clerk on or 

before April 24, 2015. Addresses for 

mail and hand delivery of objections 

and hearing requests are provided in 40 

CFR 178.25(b). 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing (excluding 

any Confidential Business Information 

(CBI)) for inclusion in the public docket. 

Information not marked confidential 

pursuant to 40 CFR part 2 may be 

disclosed publicly by EPA without prior 

notice. Submit the non-CBI copy of your 

objection or hearing request, identified 

by docket ID number EPA–HQ–OPP– 

2014–0457, by one of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Do not submit electronically any 

information you consider to be CBI or 

other information whose disclosure is 

restricted by statute. 

• Mail: OPP Docket, Environmental 

Protection Agency Docket Center (EPA/ 

DC), (28221T), 1200 Pennsylvania Ave. 

NW., Washington, DC 20460–0001. 

• Hand Delivery: To make special 

arrangements for hand delivery or 

delivery of boxed information, please 

follow the instructions at http://

www.epa.gov/dockets/contacts.html. 

Additional instructions on 

commenting or visiting the docket, 

along with more information about 

dockets generally, is available at 

http://www.epa.gov/dockets. 

II. Background and Statutory Findings 

In the Federal Register of October 24, 

2014 (79 FR 63594) (FRL–9916–03), 

EPA issued a document pursuant to 

FFDCA section 408(d)(3), 21 U.S.C. 

346a(d)(3), announcing the filing of a 

pesticide tolerance petition (PP 4F8251) 

by J.R. Simplot Company, 5369 W. 

Irving St., Boise, ID 83706. In the 

Federal Register of December 17, 2014 

(79 FR 75107) (FRL–9918–90), EPA 

inadvertently reannounced the filing of 

this same petition. The petition 

requested that 40 CFR part 174 be 

amended by establishing a temporary 

exemption from the requirement of a 

tolerance for residues of Potato Late 

Blight Resistance protein VTN1 in or on 

potato. Those documents referenced a 

summary of the petition prepared by the 

petitioner J.R. Simplot Company, which 

is available in the docket, http://

www.regulations.gov. Comments were 

received, and EPA’s response to these 

comments is discussed in Unit VII.B. 

Section 408(c)(2)(A)(i) of FFDCA 

allows EPA to establish an exemption 

from the requirement for a tolerance (the 

legal limit for a pesticide chemical 

residue in or on a food) only if EPA 

determines that the exemption is ‘‘safe.’’ 


emcdonald on DSK67QTVN1PROD with RULES