[Federal Register Volume 59, Number 19 (Friday, January 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1838]
[Federal Register: January 28, 1994]
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Part V
Department of Defense
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Department of the Army
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Corps of Engineers
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33 CFR Part 334
Restricted Area, Pacific Ocean Offshore of Camp Pendleton, CA; Rule
DEPARTMENT OF DEFENSE
Department of the Army
Corps of Engineers
33 CFR Part 334
Restricted Area, Pacific Ocean Offshore of Camp Pendleton, San
Diego County, CA
AGENCY: Army Corps of Engineers, DoD.
ACTION: Final rule.
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SUMMARY: This rule adopts as final, the Corps regulations contained in
33 CFR 334.905 Pacific Ocean, offshore of Camp Pendleton, California,
Fallbrook restricted area, which were published in the Federal Register
as an interim final rule on October 15, 1993.
EFFECTIVE DATE: October 15, 1993.
ADDRESSES: HQUSACE, CECW-OR, Washington, DC 20314-1000.
FOR FURTHER INFORMATION CONTACT:
Ms. Elizabeth White at (619) 455-9422 or Mr. Ralph Eppard at (202) 272-
1783.
SUPPLEMENTARY INFORMATION: The Commanding Officer of the Naval Weapons
Station requested the Corps to establish a restricted anchorage area
(identified as Fallbrook), offshore of Camp Pendleton, San Diego
County, California. In accordance with Naval Sea Systems Command, OPS
Volume 1 Manual, Ammunition and Explosives Ashore Safety Regulations
for Handling, Storing, Production, Renovation, and Shipping, a safety
distance of 9,000 feet to inhabited structures is required for the
anticipated net explosive weight of 5,500,000 pounds. During loading/
unloading, vessel traffic and anchorage would be restricted to a
distance not closer than 5,400 feet from the vessel. The Fallbrook
anchorage site has been intermittently utilized in the past and its use
needs to be continued in support of replenishment operations associated
with the transfer of ordnance from the Fallbrook Annex to and from
naval combatants and ammunition ships. The Navy's utilization of this
anchorage is expected to grow to a maximum of 10 days per month. This
planned long-term utilization for replenishment operations necessitates
establishment of the restricted anchorage. The Corps Los Angeles
District Engineer issued a public notice on June 2, 1993, which
solicited comments on this proposed restricted area to all known
interested parties. The District did not receive any objections to the
establishment of the restricted anchorage area. There also were no
comments received in response to the interim final rule and
accordingly, the rule is adopted without change.
Economic Assessment and Certification
This final rule is issued with respect to a military function of
the Defense Department and the provisions of E.O. 12866 do not apply.
These rules have 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 businesses (i.e.,
small businesses and small government) jurisdictions. There is no
anticipated navigational hazard or interference with existing waterway
traffic. There are no recreational or commercial fishery operations
presently in or using the waters within this area because of ongoing
military operations. Therefore, no loss of resources or use of
resources would be borne by the public. Therefore, it has been
determined that this rule will not have a significant economic impact
on a substantial number of small entities and that preparation of a
regulatory flexibility analysis is not warranted.
List of Subjects in 33 CFR Part 334
Danger zones, Navigation (water), Transportation.
In consideration of the above, the Corps 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. 266; (33 U.S.C. 1) and 40 Stat. 892; (33
U.S.C. 3)
2. Accordingly, the interim final rule amending 33 CFR part 334
which was published at 58 FR 53426 on October 15, 1993, is adopted as a
final rule without change.
Dated: January 14, 1994.
Stanley G. Genega,
Major General, USA, Director of Civil Works.
[FR Doc. 94-1838 Filed 1-27-94; 8:45 am]
BILLING CODE 3710-92-M
