[Federal Register: July 29, 2005 (Volume 70, Number 145)]
[Rules and Regulations]
[Page 43779-43781]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29jy05-20]
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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,
Brickyard Creek and tributaries and the Broad River, Marine Corps Air
Station, Beaufort, SC
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
establish a restricted area and danger zone in Brickyard Creek
(including a portion of the Atlantic Intracoastal Waterway), Mulligan
Creek, Albergottie Creek and Salt Creek in the vicinity of the Marine
Corps Air Station (MCAS) in Beaufort, South Carolina. The MCAS
restricted area contains six sections that are contiguous to Brickyard,
Albergottie and Salt Creeks, and two sections that are located on the
northern border of the MCAS that encompasses Mulligan Creek. In
addition, these regulations establish a restricted area in the Broad
River in the vicinity of Laurel Bay Military Family Housing Area, which
is associated with the Marine Corps Air Station. The purpose of these
regulations is to provide effective security in the vicinity of the
Marine Corps Air Station and the Laurel Bay Military Family Housing
Area.
EFECTIVE DATE: August 29, 2005.
ADDRESSES: U. S. Army Corps of Engineers, ATTN: CECW-CO, 441 G Street,
NW., Washington, DC 20314-1000.
FOR FURTHER INFORMATION CONTACT: Mr. David Olson, U.S. Army Corps of
Engineers, Headquarters, Washington, DC at 202-761-4922, or Mr. Dean
Herndon, U.S. Army 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 at 33
CFR 334 by adding Section 334.475, which would establish a restricted
area (including eight sections) and one danger zone in the vicinity of
the Marine Corps Air Station and one restricted area in the vicinity of
the Laurel Bay Military Family Housing Area in Beaufort, South
Carolina. The sections of the restricted area are
[[Page 43780]]
described in detail in the regulation in paragraphs (a)(1) through
(a)(9). The new danger zone is described in paragraph (a)(10). This
regulation will allow the Commander, Marine Corps Air Station,
Beaufort, to restrict passage of persons, watercraft, and vessels at
his or her discretion in interest of National Security until such time
he or 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
Department of Defense 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
(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 establishment 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 if adopted, will have no significant
economic impact on small entities.
c. Review under the National Environmental Policy Act.
An environmental assessment has been prepared for this action. We
have concluded, based on the minor nature of the proposed additional
restricted area regulations, that this action will not have a
significant impact to the quality of the human environment, and
preparation of an environmental impact statement is not required. 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 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. 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, Restricted areas, Waterways.
0
For the reasons set out in the preamble, the Corps of Engineers amends
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. Section 334.475 is added to read as follows:
Sec. 334.475 Brickyard Creek and tributaries and the Broad River at
Beaufort, SC.
(a) The areas: (1) That section of the Atlantic Intracoastal
Waterway (AIWW), beginning at the confluence of the AIWW and
Albergottie Creek, being that point on the west side of the AIWW
navigational channel at latitude 32.457226[deg], longitude
80.687770[deg], thence continuing in a northerly direction along the
western channel edge of the AIWW to latitude 32.458580[deg], longitude
80.689181[deg], thence to latitude 32.460413[deg], longitude
80.689228[deg], thence to latitude 32.461459[deg], longitude
80.689418[deg], thence to latitude 32.464015[deg], longitude
80.690294[deg], thence to latitude 32.470255[deg], longitude
80.690965[deg], thence to latitude 32.471309[deg], longitude
80.691196[deg], thence to latitude 32.475084[deg], longitude
80.692455[deg], thence to latitude 32.478161[deg], longitude
80.691546[deg], thence to latitude 32.479191[deg], longitude
80.691486[deg], thence to latitude 32.481817[deg], longitude
80.691939[deg], thence to latitude 32.493001[deg], longitude
80.689835[deg], thence to latitude 32.494422[deg], longitude
80.688296[deg], thence to latitude 32.49727[deg], longitude
80.69172[deg] on the east shore of the Marine Corps Air Station (MCAS),
at its intersection with the Station's property boundary line, thence
heading south along the eastern shoreline of the MCAS to a point along
the northern shoreline of Mulligan Creek at latitude 32.48993[deg],
longitude 80.69836[deg], thence southwesterly across Mulligan Creek to
the shoreline of the MCAS, latitude 32.48771[deg], longitude
80.70424[deg], thence continuing along the eastern shoreline to its
intersection with Albergottie Creek, latitude 32.45360[deg], longitude
80.70128, thence continuing along the southern shoreline of the MCAS to
the intersection of Salt Creek with U.S. Highway 21, latitude
32.45047[deg], longitude 80.73153[deg], thence back down the southern
creek edge of Salt and Albergottie Creeks, thence back to the starting
point at the confluence of Albergottie Creek and the AIWW, latitude
32.457226[deg], longitude 80.687770[deg]. Note: Situated within the
boundaries of the area described in paragraph (a)(1) of this section
are the areas described in paragraphs (a)(2), (a)(3), (a)(4), (a)(5)
and the danger zone described in paragraph (a)(10) of this section.
Since additional regulations apply to these sections, they are excluded
from the area described in paragraph (a)(1) given that they are more
strictly regulated.
(2) That portion of Mulligan Creek located on the southern side of
the MCAS runway, beginning at a point on the eastern shoreline of
Mulligan Creek at latitude 32.48993[deg], longitude 80.69836[deg],
thence southwesterly across Mulligan Creek to the shoreline of the
MCAS, latitude 32.48771[deg], longitude 80.70424[deg], thence
continuing in a northerly direction along the eastern shoreline of the
MCAS, thence in a northeasterly direction along the and southern side
of the MCAS runway, thence back down the eastern shoreline of Mulligan
Creek to its starting point, latitude 32.48993[deg], longitude
80.69836[deg].
(3) That area adjacent to the Atlantic Intracoastal Waterway
(AIWW), situated within the boundaries of the area described in
paragraph (a)(1) of this section, beginning at a point on the west side
of the AIWW navigational channel at latitude 32.463732[deg], longitude
80.690208[deg], thence continuing in a northerly direction along the
western channel edge of the AIWW to latitude 32.467999[deg], longitude
80.690749[deg], thence turning in a westerly direction and continuing
to latitude 32.467834[deg], longitude 80.700080[deg], on the eastern
shore of the MCAS, thence heading in a southward direction along the
shoreline to latitude 32.463692[deg], longitude 80.698440[deg], thence
turning in a westerly direction and returning back to the starting
point on the west edge of the AIWW channel, latitude 32.463732[deg],
longitude 80.690208[deg].
(4) That area contiguous to Albergottie Creek, situated within the
boundaries of the area described in paragraph (a)(1) of this section,
beginning at a point on the southern shoreline of the MCAS at latitude
32.452376[deg], longitude 80.708263[deg], thence continuing in a
northerly direction along the shoreline, up to the shoreline adjacent
to Kimes Avenue and back down the opposite shoreline in a southerly
direction to a point at latitude 32.450643[deg], longitude
80.715653[deg], thence turning in a easterly direction and returning
back to the starting point at latitude 32.452376[deg], longitude
80.708263[deg].
(5) That area contiguous to Salt Creek, situated within the
boundaries of the area described in paragraph (a)(1) of this section,
beginning at a point on the southern shoreline of the MCAS and the
[[Page 43781]]
edge of Salt Creek at latitude 32.45194[deg], longitude 80.724473[deg],
thence continuing in a northerly direction along the shoreline of the
MCAS and continuing on to its intersection again with Salt Creek and
adjacent to U.S. Highway 21, thence turning and continuing along the
shoreline of Salt Creek in an easterly direction and returning back to
the starting point at latitude 32.45194[deg], longitude 80.724473[deg].
(6) That section of the Atlantic Intracoastal Waterway (AIWW),
beginning at the confluence of the AIWW and Albergottie Creek, being
that point on the west side of the AIWW navigational channel at
latitude 32.457226[deg], longitude 80.687770[deg], thence continuing in
a northerly direction along the western channel edge of the AIWW to
latitude 32.458580[deg], longitude 80.689181[deg], thence to latitude
32.460413[deg], longitude 80.689228[deg], thence to latitude
32.461459[deg], longitude 80.689418[deg], thence to latitude
32.464015[deg], longitude 80.690294[deg], thence to latitude
32.470255[deg], longitude 80.690965[deg], thence to latitude
32.471309[deg], longitude 80.691196[deg], thence to latitude
32.475084[deg], longitude 80.692455[deg], thence to latitude
32.478161[deg], longitude 80.691546[deg], thence to latitude
32.479191[deg], longitude 80.691486[deg], thence to latitude
32.481817[deg], longitude 80.691939[deg], thence to latitude
32.493001[deg], longitude 80.689835[deg], thence to latitude
32.494422[deg], longitude 80.688296[deg], thence crossing the AIWW
channel in a southeasterly direction to a point on the east side of the
AIWW and the marsh edge of bank, latitude 32.49343[deg], longitude
80.68699[deg], thence southward along the edge of the AIWW and the
waterward marsh edge of Ladies Island to a point on the west shoreline
of Pleasant Point Peninsular, latitude 32.45806[deg], longitude
80.68668[deg], thence back across the AIWW navigational channel to the
point of beginning, latitude 32.457226[deg], longitude 80.687770[deg].
(7) That portion of Mulligan Creek, beginning at its northern mouth
and confluence with McCalleys Creek, latitude 32.50763[deg], longitude
80.69337[deg], thence proceeding in a westerly direction along the
northern shoreline of Mulligan Creek to its intersection with
Perryclear Drive bridge crossing, latitude 32.50534[deg], longitude
80.69960[deg], thence back down the southern shoreline to its starting
point at McCalleys Creek, latitude 32.50763[deg], longitude
80.69337[deg].
(8) That portion of Mulligan Creek, beginning at the Perryclear
Drive bridge crossing, latitude 32.50534[deg], longitude 80.69960[deg],
thence proceeding in a south westerly direction along the northern
shoreline of Mulligan Creek to the terminus of its western tributary,
thence back down its southern shoreline to the terminus of its eastern
terminus located at the northern end on the MCAS runway, latitude
32.49531[deg], longitude 80.70658[deg], thence back down the southern
shoreline to its starting point at Perryclear Drive bridge crossing,
latitude 32.50534[deg], longitude 80.69960[deg].
(9) (Laurel Bay Military Family Housing Area, Broad River) That
section of the Broad River, beginning on the western shoreline of
Laurel Bay Military Family Housing Area boundary line, at latitude
32.449295[deg], longitude 80.803205[deg], thence proceeding in a
northerly direction along the shoreline to the housing area northern
boundary line at latitude 32.471172[deg], longitude 80.809795[deg],
thence proceeding a distance of 500 feet into the Broad River, latitude
32.471185[deg], longitude 80.811440[deg], thence proceeding in a
southerly direction and maintaining a distance of 500 feet from the
shoreline to latitude 32.449222[deg], longitude 80.804825[deg], thence
back towards the shoreline to the point of beginning at latitude
32.449295[deg], longitude 80.803205[deg].
(10) (Danger zone). That portion of Mulligan Creek located adjacent
to the MCAS firing range and the restricted area described in paragraph
(a)(2) of this section, beginning at a point on the western shoreline
of Mulligan Creek at latitude 32.48771[deg], longitude 80.70424[deg],
thence northeasterly across Mulligan Creek to the opposite shoreline at
latitude 32.48993[deg], longitude 80.69836[deg], thence continuing in a
southeasterly direction to an upland island bordering the northern
shoreline of Mulligan Creek at latitude 32.48579[deg], longitude
80.69706[deg], thence turning in a southwesterly direction and crossing
Mulligan Creek to a point on the eastern shoreline of the MCAS at
latitude 32.48533[deg], longitude 80.70240[deg], thence continuing
along the eastern shoreline of the MCAS to its starting point at
latitude 32.48771[deg], longitude 80.70424[deg].
(b) The regulation: (1) Unauthorized personnel, vessels and other
watercraft shall not enter the restricted areas described in paragraphs
(a)(2), (a)(3), (a)(4), (a)(5) and (a)(8) of this section at any time.
(2) The public shall have unrestricted access and use of the waters
described in paragraph (a)(6) of this section whenever the MCAS is in
Force Protection Condition Normal, Alpha or Bravo. Whenever the
facility is in Force Protection Condition Charlie or Delta, personnel,
vessels and other watercraft entering the restricted area described in
paragraph (a)(6) of this section shall proceed at normal speed and
shall under no circumstances anchor, fish, loiter or photograph in any
way until clear of the restricted area.
(3) The public shall have unrestricted access and use of the waters
described in paragraphs (a)(1), (a)(7), and (a)(9) of this section
whenever the MCAS is in Force Protection Condition Normal Alpha or
Bravo. Whenever the facility is in Force Protection Condition Charlie
or Delta, personnel, vessels and other watercraft are prohibited from
entering the waters described in paragraphs (a)(1), (a)(7), and (a)(9)
of this section, unless they first obtain an escort or other approval
from the Commander, MCAS, Beaufort, South Carolina.
(4) Unauthorized personnel, vessels and other watercraft shall not
enter the danger zone described in paragraph (a)(10) of this section at
any time.
(5) All restricted areas and danger zones will be marked with
suitable warning signs.
(6) It is understood that none of the restrictions herein will
apply to properly marked Federal vessels performing official duties.
(7) It is further understood that unauthorized personnel will not
take photographs from within the above described restricted areas.
(c) Enforcement: The regulation in this section, promulgated by the
United States Army Corps of Engineers, shall be enforced by the
Commanding Officer, MCAS Beaufort, or persons or agencies as he/she may
authorize including any Federal Agency, State, Local or County Law
Enforcement agency, or Private Security Firm in the employment of the
facility, so long as the entity undertaking to enforce this Restricted
Area has the legal authority to do so under the appropriate Federal,
State or local laws.
Dated: July 22, 2005.
Michael B. White,
Chief, Operations Division, Directorate of Civil Works.
[FR Doc. 05-15040 Filed 7-28-05; 8:45 am]
BILLING CODE 3710-92-P