[Federal Register: April 25, 2007 (Volume 72, Number 79)]
[Proposed Rules]
[Page 20460-20462]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25ap07-14]
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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: Notice of proposed rulemaking and request for comments.
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SUMMARY: The Corps of Engineers is proposing to amend 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, however, needs to be
marked on navigation charts to insure 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.
DATES: Written comments must be submitted on or before May 25, 2007.
ADDRESSES: You may submit comments, identified by docket number COE-
2007-0011, by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov. Follow the
instructions for submitting comments.
E-mail: david.b.olson@usace.army.mil. Include the docket number,
COE-2007-0011, in the subject line of the message.
Mail: U.S. Army Corps of Engineers, ATTN: CECW-CO (David B. Olson),
441 G Street, NW., Washington, DC 20314-1000.
Hand Delivery/Courier: Due to security requirements, we cannot
receive comments by hand delivery or courier.
Instructions: Direct your comments to docket number COE-2007-0011.
All comments received will be included in the public docket without
change and may be made available on-line at http://www.regulations.gov,
including any personal information provided, unless the commenter
indicates that the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov
or e-mail. The
[[Page 20461]]
http://www.regulations.gov Web site is an anonymous access system,
which means we will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail directly to the Corps without going through http://www.regulations.gov
, your e-mail address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, we recommend that you include your name and other contact
information in the body of your comment and with any disk or CD-ROM you
submit. If we cannot read your comment because of technical
difficulties and cannot contact you for clarification, we may not be
able to consider your comment. Electronic comments should avoid the use
of any special characters, any form of encryption, and be free of any
defects or viruses.
Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov. All documents in the
docket are listed. Although listed in the index, some information is
not publicly available, such as CBI or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form.
Consideration will be given to all comments received within 30 days
of the date of publication of this notice.
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 (252) 975-1616, or Ms. Tracey Wheeler,
Corps of Engineers, Wilmington District, Regulatory Branch, at (252)
975-1616.
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 33 CFR 334.430 by adding a
danger zone along the Neuse River as described below. The regulations
governing the restricted area are not proposed to be changed.
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
This proposed 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). Unless information is
obtained to the contrary during the public notice comment period, the
Corps expects that the establishment of this danger zone would have
practically no economic impact on the public, result in no anticipated
navigational hazard, or interfere with existing waterway traffic. This
proposed rule, if adopted, 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 expects that
this regulation, if adopted, 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 will be prepared after the public notice period is closed
and all comments have been received and considered. 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 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.
For the reasons set out in the preamble, the Corps proposes 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:
Authority: 40 Stat. 266 (33 U.S.C. 1) and 40 Stat. 892 (33
U.S.C. 3).
2. Section 334.430 is revised 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 vessels operated by the U.S. Navy
or Coast Guard, are prohibited from entering the restricted area or
danger zone 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.
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(5) The regulations 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.
Lawrence A. Lang,
Acting Chief, Operations Directorate of Civil Works.
[FR Doc. E7-7901 Filed 4-24-07; 8:45 am]
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