[Federal Register: July 18, 2008 (Volume 73, Number 139)]
[Rules and Regulations]
[Page 41264-41265]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18jy08-12]
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DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers
33 CFR Part 334
United States Marine Corps Restricted Area and Danger Zone, Neuse
River and Tributaries, Marine Corps Air Station Cherry Point, NC
AGENCY: United States Army Corps of Engineers, DoD.
ACTION: Final rule.
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SUMMARY: The Corps of Engineers is amending its regulations to
designate an existing rifle range fan as a danger zone. The military
exercise area is located within the Rifle Range of Marine Corps Air
Station Cherry Point, North Carolina, along the Neuse River. The danger
zone will only be activated by the Marine Corps Air Station Cherry
Point during range operational hours. The Marine Corps will advise
residents in the vicinity of the range fan thus ensuring their safety
by alerting them to temporary potential hazardous conditions which may
exist as a result of small arms exercises. There will be no change in
the use of the existing exercise area. The area will be marked on
navigation charts to ensure security and safety for the public. Entry
points into the danger zone will be prominently marked with signage
indicating the boundary of the danger zone. The placement of aids to
navigation and regulatory markers will be installed in accordance with
the requirements of the United States Coast Guard. If the proposed
signage exceeds nationwide permit and/or regional general permit
conditions, the Commander, United States Marine Corps, Marine Corps Air
Station Cherry Point, North Carolina, will seek additional Department
of the Army authorizations.
[[Page 41265]]
DATES: Effective date: August 18, 2008.
ADDRESSES: U.S. Army Corps of Engineers, ATTN: CECW-CO (David B.
Olson), 441 G Street, NW., Washington, DC 20314-1000.
FOR FURTHER INFORMATION CONTACT: Mr. David Olson, Headquarters,
Operations and Regulatory Community of Practice, Washington, DC, at
(202) 761-4922, Mr. Scott Jones, Corps of Engineers, Wilmington
District, Regulatory Branch, at (202) 761-7763, or Ms. Tracey Wheeler,
Corps of Engineers, Wilmington District, Regulatory Branch, at (252)
975-1616.
SUPPLEMENTARY INFORMATION: In the April 25, 2007, issue of the Federal
Register (72 FR 20460), the Corps published a proposed rule to
designate an existing rifle range fan as a danger zone. The proposed
danger zone is within an existing restricted area that was established
in 1951 (16 FR 2578) and amended in 1997 (62 FR 17553). In response to
the April 25, 2007, proposed rule, no comments were received.
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
amends 33 CFR 334.430 by adding a danger zone along the Neuse River as
described below. The regulations governing the existing restricted area
have not been changed.
Procedural Requirements
a. Review Under Executive Order 12866
This 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
This rule has 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 has determined that the
establishment of this danger zone will have practically no economic
impact on the public, result in no anticipated navigational hazard, and
will not interfere with existing waterway traffic. This rule will have
no significant economic impact on small entities.
c. Review Under the National Environmental Policy Act
Due to the administrative nature of this action and because there
is no intended change in the use of the area, the Corps determined that
this regulation will not have a significant impact to the quality of
the human environment and, therefore, preparation of an environmental
impact statement will not be required. An environmental assessment has
been prepared. 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 rule does not impose an enforceable duty on the private sector
and, therefore, it is not a Federal private sector mandate and it is
not subject to the requirements of either section 202 or section 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
Danger zones, Marine safety, Navigation (water), Restricted areas,
Waterways.
0
For the reasons set out in the preamble, the Corps amends 33 CFR part
334, as follows:
PART 334--DANGER ZONE AND RESTRICTED AREA REGULATIONS
0
1. The authority citation for part 334 continues to read as follows:
Authority: 40 Stat. 266 (33 U.S.C. 1) and 40 Stat. 892 (33
U.S.C. 3).
0
2. Revise Sec. 334.430 to read as follows:
Sec. 334.430 Neuse River and tributaries at Marine Corps Air Station
Cherry Point, North Carolina; restricted area and danger zone.
(a) The restricted area. That portion of Neuse River within 500
feet of the shore along the reservation of the Marine Corps Air
Station, Cherry Point, North Carolina, extending from the mouth of
Hancock Creek to a point approximately 6,800 feet west of the mouth of
Slocum Creek, and all waters of Hancock and Slocum Creeks and their
tributaries within the boundaries of the reservation.
(b) The danger zone. The waters within an area beginning at
latitude 34.923425[deg] N, longitude -76.853222[deg] W; thence
northeasterly across Hancock Creek to latitude 34.925258[deg] N,
longitude -76.849864[deg] W; continuing northeasterly to latitude
34.933382[deg] N, longitude -76.835081[deg] W; thence northwesterly to
the Neuse River shoreline at latitude 34.936986[deg] N, longitude -
76.841197[deg] W, continuing northwesterly to latitude 34.943275[deg]
N, longitude -76.852169[deg] W; thence southwesterly along the
shorelines to latitude 34.935111[deg] N, longitude -76.859078[deg] W;
thence southeasterly along Hancock Creek shoreline to the point of
origin.
(c) The regulations. (1) Except in cases of extreme emergency, all
persons or vessels, other than those operated by the United States Navy
or United States Coast Guard, are prohibited from entering the
restricted area without prior permission of the enforcing agency.
(2) Entry points into the danger zone will be prominently marked
with signage indicating the boundary of the danger zone.
(3) Firing will take place both day and night at irregular periods
throughout the year. Appropriate warnings will be issued through
official government and civilian channels serving the region. Such
warnings will specify the time and duration of operations and give such
other pertinent information as may be required in the interest of
safety. Upon completion of firing or if the scheduled firing is
cancelled for any reason, the warning signals marking the danger zone
will be removed.
(4) Except as otherwise provided in this section the danger zone
will be open to general public access. Vessels, watercraft, and other
vehicles may proceed through the danger zone.
(5) The regulation in this section shall be enforced by the
Commanding Officer, Marine Corps Air Station Cherry Point, North
Carolina, and/or persons or agencies as he/she may designate.
Dated: July 11, 2008.
James R. Hannon, Jr.,
Acting Chief, Operations, Directorate of Civil Works.
[FR Doc. E8-16454 Filed 7-17-08; 8:45 am]
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