[Federal Register: July 30, 2004 (Volume 69, Number 146)]
[Rules and Regulations]
[Page 45591-45592]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30jy04-19]
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DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers
33 CFR Part 334
Department of 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: Final rule.
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SUMMARY: The Corps of Engineers is amending its regulations which
establish a Danger Zone at an existing Military Exercise Area located
off the Wisconsin shoreline in Lake Michigan from Manitowoc to Port
Washington, as shown on NOAA Chart 14901 (1999). These regulations will
enable the Wisconsin Air National Guard (WiANG) to 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.
DATES: Effective Date: August 30, 2004.
ADDRESSES: U.S. Army Corps of Engineers, ATTN: CECW-CO, 441 G Street,
NW., Washington, DC 20314-1000.
FOR FURTHER INFORMATION CONTACT: Ms. Joanne M. Barry, Headquarters
Regulatory Branch, Washington, DC, at (202) 761-7763, or Ms. Maria T.
Valencia, Corps of Engineers, St. Paul District, Regulatory Branch, at
(651) 290-5364.
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 in 33
CFR part 334 by adding Sec. 334.145 which identifies the existing
danger zone in Lake Michigan offshore from Manitowoc and Sheboygan
Counties in Wisconsin, as shown on NOAA Chart 14901 (1999). By
correspondence dated 3 July 2001, the WiANG has requested the Corps of
Engineers to re-identify this danger zone. The area is located under
Restricted Air Space R-6903 which is shown on existing aeronautical
charts. This amendment of the regulation will allow WiANG to request
that the 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 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 the identification of this 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
The St. Paul District has prepared an Environmental Assessment (EA)
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
has concluded that this regulation will not have a significant impact
to the quality of the human environment and, therefore, preparation of
an Environmental Impact Statement is not required. The EA may be
reviewed at the St. Paul 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, 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.
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 Procedures
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 amends 33 CFR part
334, as follows:
PART 334--DANGER ZONE AND RESTRICTED AREA REGULATIONS
0
1. The authority citation for 33 CFR 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. Section 334.845 is added to read as follows:
[[Page 45592]]
Sec. 334.845 Wisconsin Air National Guard, Volk Field military
exercise area located in Lake Michigan offshore from Manitowoc and
Sheboygan Counties; Danger Zone.
(a) The area. (1) 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. (1) 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. (2) During
specific, infrequent periods when Military exercises will be conducted,
as promulgated in the Local Notice to mariners published by the USCG ,
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 regulation
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: June 28, 2004.
Michael B. White,
Chief, Operations Division, Directorate of Civil Works.
[FR Doc. 04-17352 Filed 7-29-04; 8:45 am]
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