[Federal Register Volume 59, Number 160 (Friday, August 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20388]
[[Page Unknown]]
[Federal Register: August 19, 1994]
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DEPARTMENT OF DEFENSE
Department of the Army
32 CFR Part 552
Restriction of Training Areas on the Installation of Fort
Benjamin Harrison, IN
AGENCY: U.S. Army Soldier Support Center, Fort Benjamin Harrison, DOD.
ACTION: Final rule.
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SUMMARY: This rule adopts as final the regulations contained in 32 CFR
Part 552, subpart K, Restriction of Training Areas on Fort Benjamin
Harrison, Indiana, which were published in the Federal Register as an
interim rule on July 6, 1994. This subpart establishes restrictions
governing the operation of unauthorized vehicles, motorized and non-
motorized vehicles, on the Army training areas of Fort Benjamin
Harrison, Indiana, as defined in Sec. 552.143 of this subpart.
Unauthorized vehicles are restricted to paved roads on the installation
of Fort Benjamin Harrison. Paragraph numbering has been changed to
permit flexibility in paragraph numbering in Part 552.
DATES: This final rule is effective August 19, 1994.
ADDRESSES: Commander, Soldier Support Center, ATTN: Directorate of
Information Management, Fort Benjamin Harrison, Indiana 46216-5151.
FOR FURTHER INFORMATION CONTACT: Cheri Armstrong, (317) 542-4909.
SUPPLEMENTARY INFORMATION: U.S. Codes referenced in this subpart can be
obtained from the Government Printing Office or can be reviewed in any
Public Library. Army publications referenced in this subpart may be
obtained from the U.S. Army Publications and Printing Command,
Alexandria, VA 22331-0302.
Executive Order 12291
This final rule has been classified as nonmajor.
Regulatory Flexibility Act
This final rule has been reviewed with regard to the requirements
of the Regulatory Flexibility Act of 1980. This proposed rule does not
have a significant impact on small entities.
Paperwork Reduction Act
This final rule does not contain new reporting or recordkeeping
requirements subject to approval by the Office of Management and Budget
under the requirements of the Paperwork Reduction Act of 1980 (44
U.S.C. 3507).
List of Subjects in 32 CFR Part 552
Government employees, Military personnel.
Accordingly, subpart K to 32 CFR part 552, is added to read as
follows:
PART 552--[AMENDED]
Subpart K--Restriction of Training Areas on the Installation of
Fort Benjamin Harrison, Indiana
Sec.
552.140 Purpose.
552.141 Applicability.
552.142 References.
552.143 Definitions.
552.144 Procedures.
552.145 Violations.
Authority: 16 U.S.C. 470; 1531-1543; 18 U.S.C. 1382; 50 U.S.C.
797.
Sec. 552.140 Purpose.
(a) This subpart establishes restrictions governing the operation
of unauthorized vehicles, motorized and non-motorized, on the army
training areas of Fort Benjamin Harrison, Indiana, as defined in
Sec. 552.134 of this subpart. Unauthorized vehicles are restricted to
paved roads on the installation of Fort Benjamin Harrison, Indiana.
(b) These restrictions are established to prevent the interruption
of the use of these Army training areas by any person or persons. The
continued and uninterrupted use of these training areas by the military
is vital in order to maintain and improve the combat readiness of the
U.S. Armed Forces. Training conditions exist within these areas which
could be dangerous to unauthorized persons entering these areas.
(c) In addition, these restrictions have been established to
prevent property damage, threatening of endangered flora and fauna in
the areas, and to prevent the harassment of protected species such as
the Blue Heron and the Indiana Bat by any person or persons.
Sec. 552.141 Applicability.
The restrictions outlined in this subpart apply to all individuals,
with the exception of soldiers and Army civilian employees and
authorized contractors, who may enter the restricted areas in the
performance of their official duties.
Sec. 552.142 References.
Required and related publications are listed below. U.S. Codes
referenced in this subpart can be obtained from the Government Printing
Office or can be reviewed in any Public Library. Army publications
referenced in this subpart may be obtained from the U.S. Army
Publications and Printing Command, Alexandria, VA 22331-0302.
a. 16 U.S.C. 1531-1543.
b. 16 U.S.C. 470.
c. Title 18, U.S.C. 1382.
d. Internal Security Act of 1950, section 21 (50 U.S.C. 797).
e. Army Regulation 420-74.
f. 10 U.S.C. 801-940.
g. Article 92, Uniform Code of Military Justice.
Sec. 552.143 Definitions.
(a) For purpose of this subpart, restricted areas on the
installation of Fort Benjamin Harrison, Indiana area defined as
training areas A thru J, to include the gold course. A map defining
these areas is located in the Directorate of Plans, Training, and
Mobilization, Security, Plans and Operations Division, Training Branch,
Building 600, Room B, Fort Benjamin Harrison, Indiana.
(b) Unauthorized motor and non-motorized vehicles are defined as
any wheeled or tracked vehicle. This may include, but not limited to,
bicycles, ATV, snow mobiles, motor cycles, automobiles, trucks, etc.
Sec. 552.144 Procedures.
(a) Except for the soldiers, Army civilians and authorized
contractors who enter the restricted areas in the performance of their
official duties, entry of unauthorized vehicles is prohibited for any
purpose whatsoever without the advanced consent of the Commander,
United States Army Soldier Support Center (USASSC), Fort Benjamin
Harrison, Indiana, or his/her authorized representative.
(b) Any person or group of persons desiring advanced consent shall,
in writing, submit a request to the following address: HQ, USASSC and
Fort Benjamin Harrison, ATTN: Public Affairs Office, Building 600, Fort
Benjamin Harrison, Indiana 46216-5040.
Sec. 552.145 Violations.
(a) Any person/persons entering or remaining on any training area
as defined in Sec. 552.134 without the advance consent of the
Commander, USASSC, or his authorized representative, shall be subject
to the penalties prescribed by Sec. 552.133 of this subpart, which
provides in pertinent part: ``Whoever, within the jurisdiction of the
United States, goes upon any military, naval, or Coast Guard
reservation, post, fort, arsenal, yard, station or installation, for
any purpose prohibited by law or lawful regulation * * * shall be fined
for not more than $500.00 or imprisoned not more than six months, or
both.
(b) Moreover, any person who willfully violates this subpart is
subject to a fine not to exceed $5,000.00 or imprisonment for not more
than 1 year as provided in Sec. 552.133(d) of this subpart.
(c) In addition, violation of this subpart by persons subject to
the Uniform Code of Military Justice (10 U.S.C. 801-940) is a violation
of Article 92 of the Uniform Code of Military Justice.
Kenneth L. Denton,
Army Federal Register Liaison Officer.
[FR Doc. 94-20388 Filed 8-18-94; 8:45 am]
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