[Federal Register Volume 62, Number 72 (Tuesday, April 15, 1997)]
[Proposed Rules]
[Pages 18307-18308]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9643]
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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, DOD.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Corps proposes to amend its regulation which contains
guidelines for granting shoreline use permits and conditions under
which shoreline use permits can be used. We are proposing this to
accommodate special needs of the public, and to incorporate changes
deemed necessary to make new technologies available to the public when
meeting certain conditions of their shoreline use permits.
DATES: Comments must be submitted on or before May 30, 1997.
ADDRESSES: HQUSACE, CECW-ON, Washington, D.C. 20314-1000.
FOR FURTHER INFORMATION CONTACT: Mr. Darrell E. Lewis, (202) 761-0247,
HQUSACE, CECW-ON, Washington, D.C. 20314-1000.
SUPPLEMENTARY INFORMATION: Pursuant to its authorities in 16 U.S.C.
460d, the Corps promulgated a regulation which was published in the
Federal Register as a final rule on July 27, 1990. Since that time a
specific instance has led to this amendment to Paragraph 9 of Appendix
A, Section 327.30 which gives operational project managers flexibility
to take special circumstances of the applicant into consideration when
issuing a permit. This language reflects 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.
Since the development and subsequent publishing of flotation
material requirements for all docks and boat mooring buoys required
under the shoreline management program in the Federal Register on July
27, 1990, new technologies and methods have resulted in product changes
and influenced flotation material specifications acceptable to the
Corps. Paragraph 14, Appendix C, of Section 327.30 in this proposed
rulemaking reflects the Corps amended flotation requirements on all new
docks and boat mooring facilities.
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 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 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.
Sec. 327.30 [Amended]
2. Appendix A to Sec. 327.30 is amended by revising paragraph 2.c.
(9) to read as follows:
Appendix A to Sec. 327.30 Guidelines for Granting Shoreline Use
Permits
* * * * *
2. * * *
c. * * *
(9) The district commander or his/her authorized representative may
place special conditions on the permit when deemed necessary. Requests
for waivers of shoreline management plan permit conditions based on
health conditions will be reviewed on a case by case basis by the
operations project manager. Efforts will be made to reduce onerous
[[Page 18308]]
requirements when a limiting health condition is obvious or when an
applicant provides a doctor's certification of need for conditions
which are not obvious.
* * * * *
3. 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. On all new docks and boat mooring buoys, flotation shall be
extruded polystyrene, expanded polystyrene, or a copolymer of
polythylene and polystyrene moldable foam all with 0.9 lbs./cu. ft.
minimum density. No-foam modular blocks using interior air chambers
for flotation with a minimum wall thickness of .25'' may also be
used. On all foam products, water absorption shall be less than 3.0
lbs./cu. ft at seven days when a 1/16 cu. ft. cube
(5'' x 5'' x 4.32'') is imersed under \1/2\'' head of water for
seven days and dripped for five seconds before weighing. All systems
using foam (except extruded polystyrene foam) must encase the foam
totally with concrete, galvanized steel, aluminum, recycled plastic
lumber, polyethylene, fiberglass, or tough flexible plastic. Reuse
of plastic, metal, or other previously used drums or containers for
encasement or flotation purpose is prohibited. The encasement shall
be designed to resist puncture and penetration by floating debris,
boats, animals or other sources. In addition, the protective coating
encasement shall be warranted by the manufacturer for a period of at
least eight years against cracking, peeling, sloughing and
deterioration from ultra violet rays. Extruded polystyrene foam
products must be warranted for a period of at least eight years
against cracking, peeling, sloughing and determination from ulta
violet rays. Extruded polystyrene flotation shall be designed to
resist puncture and penetration by floating debris, boats, animals
or other sources. Manufacturers of no-foam modular blocks using
interior air chambers for flotation must warrant their products for
a period of at least eight years against cracking, peeling,
sloughing and deterioration from ultra violet rays. Any flotation
which is within 40 feet of a line carrying fuel shall, in addition
to the requirements for protective coating mentioned above, be 100%
impervious to water and fuel. Existing flotation is authorized until
it has severely deteriorated and is no longer serviceable or capable
of supporting the structure, 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
the foam becomes visible through the encasement protective covering,
or the float no longer performs its designed function.
* * * * *
Dated: April 8, 1997.
For the Commander.
Robert W. Burkhardt,
Colonel, Corps of Engineers, Executive Director of Civil Works.
[FR Doc. 97-9643 Filed 4-14-97; 8:45 am]
BILLING CODE 3710-92-M
