[Federal Register Volume 61, Number 238 (Tuesday, December 10, 1996)]
[Rules and Regulations]
[Pages 64996-64997]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-31142]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Department of the Army Corps of Engineers
33 CFR Part 334
Cooper River and Tributaries, Charleston, SC, Danger Zones and
Restricted Areas
AGENCY: U.S. Army Corps of Engineers, DoD.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Corps is amending the regulations which establish several
danger zones and restricted areas in the waters of the Cooper River and
its tributaries in the vicinity of Charleston, South Carolina by
establishing a new danger zone for a small arms range at the Naval
Weapons Station. The small arms firing range is to be used for training
by the U.S. Border Patrol Training Academy. The Corps is also
correcting a coordinate that defines the boundaries of an existing
danger zone and making minor editorial amendments to the regulations to
clarify that persons, as well as vessels, are not allowed within the
danger zones and restricted areas. This clarification does not affect
the size, location or further restrict the public's use of the areas.
The danger zones and restricted areas continue to be essential to the
safety and security of Government facilities, vessels and personnel and
protect the public from the hazards associated with the operations at
the Government facilities.
DATES: Effective on January 9, 1997.
ADDRESSES: HQUSACE, CECW-OR, Washington, D.C. 20314-1000.
FOR FURTHER INFORMATION CONTACT:
Mr. Ralph Eppard, Regulatory Branch, CECW-OR at (202) 761-1783, or Ms.
Tina Hadden of the Charleston District at (803) 727-4607.
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
334.460.
The Commanding Officer, Naval Weapons Station Charleston, South
Carolina, has requested an amendment to the regulations in 33 CFR
334.460(a)(12), to correct a coordinate which establishes a boundary of
a danger zone in Foster Creek. The coordinate which presently reads
``Latitude 31 deg.59'16'' N'' is corrected to read ``32 deg.59'16''
N''. The Navy also requested that a new danger zone be established in
an unnamed tributary and associated marsh of Back River and Foster
Creek to prohibit public entry into the new area ((a)(13)), and to also
prohibit entry into the existing danger zone (a)(12). The purpose of
the danger zone is to protect the public from the dangers associated
with a small arms firing range nearby and the potential for an errant
round to impact into the water. It is not the intent of the Navy to use
the waters of the danger zone as an impact area for the range. The Navy
will erect post-mounted signs at intervals across the marsh to identify
the area as a danger zone. It is believed that closure of the water
area for the new danger zone will have minimal impact or no impact on
the public's use of the area which is described as a marsh area not
navigable by conventional watercraft nor frequented by fishermen. We
are also making an editorial change to clarify that these restricted
area and danger zone regulations apply to personnel as well as vessels.
Other minor changes to the regulations are editorial in nature and
since the revisions do not change the boundaries or increase the
restrictions on the public's use or entry into the designated areas,
the changes will have practically no effect on the public. The Corps
published the amendments contained herein in the Notice of Proposed
Rulemaking section of the Federal Register on September 12, 1996 with
the comment period ending on October 15, 1996 (61 FR 48112-48113). The
Corps Charleston District Engineer concurrently solicited public
comment on the proposed changes to the danger zone rules by
distribution of a public notice to all known interested parties. We
received no comments in response to the notice of proposed rulemaking
or the District public notice.
Procedural Requirements
a. Review Under Executive Order 12866
This 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
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 entities (i.e., small
businesses and small governments). The Corps expects that the economic
impact of the changes to the danger zones would have practically no
impact on the public, no anticipated navigational hazard or
interference with existing waterway traffic and accordingly, certifies
that this proposal will have no significant economic impact on small
entities.
c. Review Under the National Environmental Policy Act
An environmental assessment has been prepared for this action. We
have concluded, based on the minor nature of the additional danger zone
and other editorial changes that these amendments to danger zones and
restricted areas 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
District Office listed at the end of FOR FURTHER INFORMATION CONTACT,
above.
d. Unfunded Mandates 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 Act. We have also found under Section 203 of the Act, that
small governments will not be significantly and uniquely affected by
this rulemaking.
e. Submission to Congress and the GAO
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 rule to
the U.S. Senate, House of Representatives and the Comptroller General
of the General Accounting Office prior to the effective date of this
rule in the Federal Register. This 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, Marine Safety, Waterways.
For the reasons set out in the preamble, we are amending 33 CFR
Part 334, as follows:
[[Page 64997]]
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. Section 334.460 is amended by revising paragraphs (a)(12),
(b)(1), (2), (3), (4), (5), (6), (7), (9) and (11), and adding a new
paragraph (a)(13), to read as follows:
Sec. 334.460 Cooper River and tributaries at Charleston, SC
(a) * * *
(12) Danger zone. That portion of Foster Creek beginning at the
point of the southern shoreline of an unnamed tributary of Foster Creek
at its intersection with Foster Creek at latitude 32 deg.59'16''N,
longitude 79 deg.57'23''W; thence back proceeding along the eastern
shoreline to the terminus of the tributary at latitude 32 deg.59'49''N,
longitude 79 deg.57'29''W; thence back down the western shoreline of
the unnamed tributary to latitude 32 deg.59'15''N, longitude
79 deg.57'26''W. The waters and associated marshes in this danger zone
area are subject to impact by rounds and ricochets originating from a
small arms range when firing is in progress.
(13) Danger zone. Those portions of unnamed tributaries and
associated marshes of Back River and Foster Creek that are generally
described as lying south of the main shoreline and extending southward
to the northern shoreline of Big Island (U.S. Naval Reservation).
Specifically, the area beginning at a point on the main shoreline which
is the northern shore of an unnamed tributary of Back River at latitude
32 deg.59'19''N, longitude 79 deg.56'52''W, southwesterly to a point on
or near the northern shoreline of Big Island at latitude
32 deg.59'11''N, longitude 79 deg.56'59''W; thence northwesterly to a
point on the main shoreline, which is the northern shore of an unnamed
tributary of Foster Creek, at latitude 32 deg.59'16''N, longitude
79 deg.57'11''W; thence easterly along the main shoreline, which is the
northern shore of the unnamed tributaries of Foster Creek and Back
River, back to the point of beginning at latitude 32 deg.59'19''N
longitude 79 deg.56'52''W. The waters and associated marshes in this
danger zone area are subject to impact by rounds and ricochets
originating from a small arms range when firing is in progress.
(b) * * *
(1) Unauthorized personnel, vessels and other watercraft shall not
enter the restricted areas described in paragraphs (a)(1), (a)(2), and
(a)(4) of this section at any time.
(2) Personnel, vessels and other watercraft entering the restricted
area described in paragraph (a)(5) of this section, shall proceed at
normal speed and under no circumstances anchor, fish, loiter, or
photograph until clear of the restricted area.
(3) Personnel, vessels and other watercraft may be restricted from
using any or all of the area described in paragraphs (a)(3) and (a)(6)
of this section without first obtaining an escort or other approval
from Commander, Naval Base, Charleston, when deemed necessary and
appropriately noticed by him/her for security purposes or other
military operations.
(4) Personnel, vessels and other watercraft, other than those
specifically authorized by Commanding Officer, U.S. Naval Weapons
Station, Charleston, SC, entering the restricted area described in
paragraph (a)(8) of this section shall proceed at normal speed, and
under no circumstances anchor, fish, loiter, or photograph in any way
until clear of the restricted area.
(5) Personnel, vessels and other watercraft, other than those
specifically authorized by Commanding Officer, U.S. Naval Weapons
Station, Charleston, SC, entering the areas described in paragraphs
(a)(9) and (a)(10) of this section are prohibited from entering within
one-hundred (100) yards of the west bank of the Cooper River, in those
portions devoid of any vessels or manmade structures. In those areas
where vessels or man-made structures are present, the restricted area
will be 100 yards from the shoreline or 50 yards beyond those vessels
or other man-made structures, whichever is the greater. This includes
the area in paragraph (a)(10) of this section.
(6) In the interest of National Security, Commanding Officer, U.S.
Naval Weapons Station, Charleston, SC, may at his/her discretion,
restrict passage of persons, watercraft and vessels in the areas
described in paragraphs (a)(7) and (a)(11) of this section until such
time as he/she determines such restriction may be terminated.
(7) All restricted areas and all danger zones and the approaches
leading to the danger zones will be marked with suitable warning signs.
* * * * *
(9) The regulations in this section for the danger zones described
in paragraphs (a)(12) and (a)(13) of this section and the regulations
described in paragraphs (b) (4), (5) and (6) of this section, shall be
enforced by the Commanding Officer, Naval Weapons Station Charleston,
SC, and such agencies as he/she may designate.
* * * * *
(11) The unauthorized entering or crossing of the danger zones
described in paragraphs (a)(12) and (a)(13) of this section by all
persons, watercraft and vessels is prohibited at all times unless
specifically authorized by the Commanding Officer of the U.S. Naval
Weapons Station Charleston, SC.
Dated: December 2, 1996.
Russell L. Fuhrman,
Major General, U.S. Army, Director of Civil Works.
[FR Doc. 96-31142 Filed 12-9-96; 8:45 am]
BILLING CODE 3710-92-M
