6 October 2003 Source: http://www.access.gpo.gov/su_docs/aces/fr-cont.html ----------------------------------------------------------------------- [Federal Register: October 6, 2003 (Volume 68, Number 193)] [Rules and Regulations] [Page 57624] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr06oc03-7] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE Department of the Army; Corps of Engineers 33 CFR Part 334 United States Navy Restricted Area, Cooper River and Tributaries, Naval Weapons Station Charleston, Charleston, SC AGENCY: United States Army Corps of Engineers, Department of Defense. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Corps of Engineers is amending existing regulations to expand the authority of the Commanding Officer, Naval Weapons Station Charleston to restrict passage of persons, watercraft and vessels within currently designated restricted areas in the Cooper River and its tributaries in the vicinity of the Naval Weapons Station in Charleston, South Carolina. The purpose of the proposed change is to provide effective security in the area of the Naval Weapons Station. EFFECTIVE DATE: November 5, 2003. ADDRESSES: U.S. Army Corps of Engineers, ATTN: CECW-OR, 441 G Street, NW., Washington, DC 20314-1000. FOR FURTHER INFORMATION CONTACT: Mr. Frank Torbett, Headquarters Regulatory Branch, Washington, DC, at (202) 761-4618, or Mr. Nathaniel Ball, Corps of Engineers, Charleston District, at (843) 329-8044. 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 is amending the restricted area regulations published at 33 CFR 334 by modifying 334.460(b)(6) to expand the authority of the Commanding Officer, Naval Weapons Station Charleston to restrict the passage of persons, watercraft and vessels within the Cooper River and its tributaries in the vicinity of the Naval Weapons Station in Charleston, South Carolina. The boundaries of restricted areas and danger zones identified in 33 CFR 334.460 (a) are unchanged. The regulation at 33 CFR 334.460(b)(6) is being amended to include restricted area (a)(8) of 334.460. The amended regulation will allow the Commanding Officer of the Naval Weapons Station to restrict the passage of persons, watercraft, and vessels, at his/her discretion in the interest of National Security until such time as he/she determines such restrictions may be terminated. 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 expects that the economic impact of this restricted area would have practically no impact on the public, no anticipated navigational hazard or interference with existing waterway traffic and accordingly, certifies that this proposal will have no significant economic impact on small entities. c. Review Under the National Environmental Policy Act The Charleston District has prepared an Environmental Assessment (EA) for this action. The District has concluded, based on the minor nature of the proposed additional restricted area, that this action will not have a significant impact to the quality of the human environment, and preparation of an Environmental Impact Statement (EIS) is not required. The EA may be reviewed at the Charleston District office listed at the end of FOR FURTHER INFORMATION CONTACT above. d. Unfunded Mandates Act This 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. The District has also found under section 203 of the Act, that small Governments will not be significantly and uniquely affected by this rulemaking. e. Submission to Congress and the General Accounting Office Pursuant to section 801(a)(1)(A) of the Administrative Procedure Act, as amended by the Small Business Regulatory Enforcement Fairness Act of 1996, the Army has submitted a report containing this Rule to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the General Accounting Office. This rule is not a major rule within the meaning of section 804(2) of the Administrative Procedure Act, as amended. List of Subjects in 33 CFR Part 334 Danger zones, Marine safety, Restricted areas, Waterways. 0 For the reasons set out in the preamble, the Corps of Engineers is amending 33 CFR part 334 as follows: PART 334--DANGER ZONES 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. Amend Sec. 334.460 by revising paragraph (b)(6) to read as follows: Sec. 334.460 Cooper River and tributaries at Charleston, SC. * * * * * (b) * * * (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), (a)(8) and (a)(11) of this section until such time as he/she determines such restriction may be terminated. * * * * * Dated: September 16, 2003. Lawrence A. Lang, Deputy Chief, Operations Division, Directorate of Civil Works. [FR Doc. 03-25205 Filed 10-3-03; 8:45 am] BILLING CODE 3710-92-P -------------------------------------------------------------- [Federal Register: October 6, 2003 (Volume 68, Number 193)] [Proposed Rules] [Page 57642-57643] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr06oc03-18] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE Department of the Army; Corps of Engineers 33 CFR Part 334 Department of the Air Force, Wisconsin Air National Guard Danger Zone Under Restricted Air Space R-6903, Lake Michigan, Sheboygan County, WI AGENCY: United States Army Corps of Engineers, Department of Defense. ACTION: Proposed rule and request for comments. ----------------------------------------------------------------------- SUMMARY: The Corps of Engineers is proposing an amendment to its regulations to designate an existing military exercise area as a Danger Zone. The military exercise area is located off the Wisconsin shoreline in Lake Michigan from Manitowoc to Port Washington, as shown on National Oceanographic and Atmospheric Administration (NOAA) Chart 14901 (1999). The Danger Zone will only be activated by the Wisconsin Air National Guard (WiANG) during military exercises. The Air Guard will advise fishermen and mariners in the vicinity when a military exercise is scheduled and thus ensure their safety by alerting them of temporary, potentially hazardous conditions which may exist as a result of the military exercises. There will be no change in the use of the existing military exercise area which is currently shown on aeronautical charts as restricted air space. The area, however, needs to also be marked on navigation charts as a Danger Zone to conform with the restricted air space designation to better insure security and safety for the public. DATES: Written comments must be submitted on or before November 5, 2003. ADDRESSES: U.S. Army Corps of Engineers, ATTN: CECW-OR, 441 G Street, NW., Washington, DC 20314-1000. FOR FURTHER INFORMATION CONTACT: Mr. Frank Torbett, Headquarters Regulatory Branch, Washington, DC at (202) 761-4618, or Mr. Howard J. Ecklund, Corps of Engineers, St. Paul District, Regulatory Branch, at (262) 547-4171. 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 restricted area regulations in 33 CFR part 334 by adding Sec. 334.145 as a Danger Zone in Lake Michigan offshore from Manitowoc and Sheboygan Counties in Wisconsin, as shown on NOAA Chart 14901 (1999). This is a revision of a similar proposal published in the Federal Register on March 11, 2002. This revision is being published because the earlier proposal contained incomplete information and did not adequately explain the reason for the regulation change. As a result, various interested parties expressed concerns regarding the change and its impact on boats using the area. The area to be designated as a Danger Zone already exists as restricted air space R-6903 which is shown on current aeronautical charts. This amendment of the regulation will allow WiANG to request that the U. S. Coast Guard issue a Notice to Mariners when exercises are planned and thus better inform fishermen and mariners of military activities in this area. WiANG intends to continue to schedule this area for use in a similar manner as it has been used during the past 20 years. Historical activity includes, but is not limited to, inert air- to-air and air-to-surface delivery, defensive countermeasures training, and sonar buoy drops. Procedural Requirements a. Review Under Executive Order 12866 This proposed rule is issued with respect to a military function of the [[Page 57643]] 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 (Public Law 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 identification of this area as a Danger Zone 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 A preliminary draft environmental assessment has been prepared for this action. 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 on the quality of the human environment and therefore preparation of an environmental impact statement will not be required. The environmental assessment will be finalized after the public notice period is closed and all comments have been received and considered. It 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, 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 33 CFR 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 334.845 would be added to read as follows: Sec. 334.845 Wisconsin Air National Guard Danger Zone, Volk Field Military Exercise Area, Lake Michigan offshore Manitowoc and Sheboygan Counties. (a) The area. The waters within an area beginning at a point at latitude 43[deg]19'00'' N., longitude 87[deg]41'00'' W.; to latitude 44[deg]05'30'' N, longitude 87[deg]29'45'' W.; to latitude 44[deg]02'00'' N., longitude 87[deg]02'30'' W.; to latitude 43[deg]15'30'' N., longitude 87[deg]14'00'' W.; thence to the point of beginning, as shown on NOAA Chart 14901 (1999) and existing aeronautical charts. (b) The regulation. During specific, infrequent periods when military exercises will be conducted, as promulgated in the local notice to mariners published by the United States Coast Guard (USCG), all vessels entering the Danger Zone are advised to proceed across the area by the most direct route and without unnecessary delay. No vessel or craft of any size shall lie-to or anchor in the Danger Zone, other than a vessel operated by or for the USCG, or any other authorized agency. (c) Normal use. At all other times, nothing in this section shall prohibit any lawful uses of this area. (d) Enforcement. The regulation in this section shall be enforced by the Commanding Officer, VOLK Field, WI, and/or persons or agencies as he/she may designate. Dated: September 3, 2003. Michael B. White, Chief, Operations Division, Directorate of Civil Works. [FR Doc. 03-25204 Filed 10-3-03; 8:45 am] BILLING CODE 3710-92-P -------------------------------------------------------