97-9643. Shoreline Use Permits, Flotation  

  • [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]
    
    
    =======================================================================
    -----------------------------------------------------------------------
    
    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.
    
    -----------------------------------------------------------------------
    
    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
    
    
    

Document Information

Published:
04/15/1997
Department:
Engineers Corps
Entry Type:
Proposed Rule
Action:
Notice of proposed rulemaking.
Document Number:
97-9643
Dates:
Comments must be submitted on or before May 30, 1997.
Pages:
18307-18308 (2 pages)
PDF File:
97-9643.pdf
CFR: (1)
36 CFR 327.30