[Federal Register Volume 62, Number 233 (Thursday, December 4, 1997)]
[Proposed Rules]
[Pages 64192-64193]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31776]
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DEPARTMENT OF DEFENSE
Department of the Army
Corps of Engineers
36 CFR Part 327
Shoreline Use Permits, Flotation
AGENCY: U.S. Army Corps of Engineers, Department of Defense.
ACTION: Supplementary proposed rule.
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SUMMARY: The Corps published a proposed rule in the April 15, 1997,
issue of the Federal Register, concerning flotation materials to be
used on all new docks and boat mooring buoys. Comments received during
the 45 day comment period prompted the Corps to conduct further study
and give additional consideration to flotation requirements. As a
result, the Corps is withdrawing this amendment and proposing a new
amendment.
An amendment to the Guidelines for Granting Shoreline Use Permits
was also part of the proposed rule published on April 15, 1997. This
language reduced onerous requirements on individuals who have requested
waivers due to obvious limiting health conditions by giving Operations
Project Managers flexibility to take special circumstances of the
applicant into consideration when issuing a shoreline management
permit. No negative comments were received during the comment period
and this amendment will be issued as a final rule at a later date,
probably in conjunction with the flotation amendment, once the
flotation issue is resolved.
DATES: Comments must be submitted on or before January 20, 1998.
ADDRESSES: HQUSACE, CECW-ON, Washington, D.C. 20314-1000.
FOR FURTHER INFORMATION CONTACT: Mr. Darrell E. Lewis, (202) 761-0247.
SUPPLEMENTARY INFORMATION: The Corps published a final rule providing
policy and guidance on the management of shorelines of Corps of
Engineers managed Civil Works projects in the Federal Register on July
27, 1990, (55 FR 30690-30702), last amended in the Federal Register on
July 1, 1992 (57 FR 29219-29220).
Two amendments to the regulation were published as a proposed rule
in the Federal Register on April 15, 1997 (62 FR 18307-18308). An
amendment to Paragraph 2.c(9) of Appendix A, Section 327.30, Guidelines
for Granting Shoreline Use Permits, gave operational project managers
flexibility to take special circumstances of the applicant into
consideration when issuing a permit. This language reflected the Corps
desire to accommodate basic access for those individuals who have
requested waivers due to either obvious limiting health conditions or
those documented by a doctor's certification. No negative comments were
received regarding this amendment during the comment period. Therefore,
this portion of the April 15, 1997 proposed rule will be promulgated as
a final rule at a later date.
Paragraph 14, Appendix C, of Section 327.30, also published in the
April 15, 1997, proposed rule, reflected the Corps amended flotation
requirements for all new docks and boat mooring facilities. The Corps
received 28 letters concerning flotation during the comment period of
this proposed rulemaking. The comments prompted the Corps to conduct
further study and give additional consideration to flotation
requirements. Accordingly, the flotation portion of the proposed rule
published on April 15, 1997, is withdrawn and a new amendment is
proposed.
Procedural Requirements
Executive Order (E.O.) 12866
The Secretary of the Army has determined that this proposed
revision is not a ``major'' rule within the meaning of Executive Order
(E.O.) 12866. If approved, this revision will not (1) have an annual
effect on the economy of $100 million or more; (2) cause a major
increase in costs or prices for consumers, individual industries,
geographic regions, or Federal, State, or local governmental agencies;
or (3) have significant adverse effects on competition, employment,
investment, productivity, innovation, or on the ability of a United
States-based enterprise to compete with foreign-based enterprise in
domestic or export markets.
Regulatory Flexibility Act
This proposed rule will not have a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.)
Collection of Information
This proposed rule contains no collection of information under the
Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Executive Order 12612
The Corps has analyzed this proposed rule under principles and
criteria in E.O. 12612 and has determined that this proposed rule does
not have sufficient Federalism implications to warrant preparation of a
Federalism Assessment.
Executive Order 12630
The Corps has determined that this proposed rule does not have
``significant'' taking implications. The proposed rule does not pertain
to taking of private property interests, nor does it impact private
property.
NEPA Statement
The Corps has determined that this proposed rule does not
constitute a major Federal action significantly affecting the quality
of the human
[[Page 64193]]
environment and that no detailed statement is required pursuant to the
National Environmental Policy Act of 1969.
Unfunded Mandates Act of 1995
This proposed rule imposes no unfunded mandates on any governmental
or private entity and is in compliance with the provisions of the
Unfunded Mandates Act of 1995.
List of Subjects in 36 CFR Part 327
Lakeshore management, Public lands.
For the reasons set forth in the preamble, we propose to withdraw
the amendment to 36 CFR Part 327, Appendix C published at 62 FR 18307
(April 15, 1997) and to amend 36 CFR Part 327, as follows:
PART 327 --RULES AND REGULATIONS GOVERNING PUBLIC USE OF WATER
RESOURCE DEVELOPMENT PROJECTS ADMINISTERED BY THE CHIEF OF
ENGINEERS
1. The authority citation for 36 CFR Part 327 continues to read as
follows:
Authority: 16 U.S.C. 460d and 460l-6a.
2. Appendix C to Sec. 327.30 is amended by revising paragraph 14 to
read as follows:
Appendix C to Sec. 327.30--Shoreline Use Permit Conditions
* * * * *
14. Flotation for all docks and boat mooring buoys shall be of
materials manufactured for marine use. Flotation will be 100%
warranted for a minimum of 8 years to not sink, become waterlogged,
crack, peel, fragment or be subject to loss of beads. Flotation
materials will resist puncture and penetration and will not be
subject to damage by animals. Flotation will be fire resistant. Any
flotation which is within 40 feet of a line carrying fuel shall be
100% impervious to water and fuel. Reuse of plastic, metal or other
previously used drums or containers for encasement or flotation
purpose is prohibited. Existing flotation is authorized until it has
severely deteriorated and is no longer serviceable, at which time it
shall be replaced with approved flotation. For any floats installed
after the effective date of this specification, repair or
replacement is required when it no longer performs its designated
function or fails to meet the specifications for which it was
originally warranted.
* * * * *
Dated: November 21, 1997.
For the Commander.
Robert W. Burkhardt,
Colonel, Corps of Engineers, Executive Director of Civil Works.
[FR Doc. 97-31776 Filed 12-3-97; 8:45 am]
BILLING CODE 3710-92-M
