[Federal Register Volume 61, Number 178 (Thursday, September 12, 1996)]
[Proposed Rules]
[Pages 48112-48113]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23173]
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DEPARTMENT OF DEFENSE
Department of the Army
Corps of Engineers
33 CFR Part 334
Cooper River and Tributaries, Charleston, South Carolina, Danger
Zones and Restricted Areas
AGENCY: U.S. Army Corps of Engineers, DoD.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Corps is proposing to amend 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 would 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: Comments must be submitted on or before October 15, 1996.
ADDRESS: 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 proposes to amend 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)(2), to correct a coordinate which establishes a boundary of
a danger zone in Foster Creek. The coordinate which presently reads
``Latitude 31 59'17'' N'' is corrected to read ``32 59'16'' N''. The
Navy has 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
proposes to 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 also propose 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. In
addition to the publication of this proposed rule, the Corps Charleston
District Engineer is concurrently soliciting public comment on these
proposed changes to the danger zone rules by distribution of a public
notice to all known interested parties.
Procedural Requirements
a. Review under Executive Order 12866.
This proposed 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 proposed 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 if adopted, 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 proposed 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 proposed 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.
List of Subjects in 33 CFR Part 334
Navigation (water), Transportation, Danger zones.
For the reasons set out in the preamble, we propose to amend 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:
[[Page 48113]]
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 at (a)(13), to read as follows:
Sec. 334.460 Cooper River and tributaries at Charleston, SC.
(a) The areas:
(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) The regulations:
(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: August 29, 1996.
John P. D'Aniello,
Deputy Director of Civil Works.
[FR Doc. 96-23173 Filed 9-11-96; 8:45 am]
BILLING CODE 3710-92-M
