[Federal Register Volume 75, Number 204 (Friday, October 22, 2010)]
[Proposed Rules]
[Pages 65278-65279]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-26442]
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DEPARTMENT OF DEFENSE
Corps of Engineers, Department of the Army
33 CFR Part 334
Pamlico Sound and Adjacent Waters, NC; Danger Zones for Marine
Corps Operations
AGENCY: U.S. Army Corps of Engineers, DoD.
ACTION: Notice of proposed rulemaking and request for comments.
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SUMMARY: The U.S. Army Corps of Engineers (Corps) is proposing to amend
its regulations to establish one new danger zone in Pamlico Sound near
Marine Corps Air Station Cherry Point, North Carolina. Establishment of
this danger zone will enable the Marine Corps to control access and
movement of persons, vessels, and objects within the danger zone during
live fire training exercises.
DATES: Written comments must be received by November 22, 2010.
ADDRESSES: You may submit comments, identified by docket number COE-
2010-0037, by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov. Follow the
instructions for submitting comments.
E-mail: [email protected]. Include the docket number
COE-2010-0037 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-2010-0037.
All comments received will be included in the public docket without
change and may be made available on-line at http://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 regulations.gov or
e-mail. The 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 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.
FOR FURTHER INFORMATION CONTACT: Mr. David Olson, Headquarters,
Operations and Regulatory Community of Practice, Washington, DC at 202-
761-4922 or Richard K. Spencer, U.S. Army Corps of Engineers,
Wilmington District, at 910-251-4172.
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 regulations in 33 CFR part
334 by adding Sec. 334.420 (b)(1)(v) to establish an Intermittent
Danger Zone abutting the existing 1.8 mile Danger Zone [as described in
Sec. 334.420(b)(1)(i)] in the Pamlico Sound and adjacent waters in
Carteret County, North Carolina. The public is currently restricted
from accessing the existing 1.8 mile radius circular area and has
limited access to three additional 0.5 mile radius circular danger
zones described at Sec. Sec. 334.420(b)(1)(ii), (iii), and (iv), but
has unrestricted access to the surrounding waters. To better protect
the public from potentially hazardous conditions during scheduled live
fire training, Marine Corps Air Station Cherry Point has requested that
the Corps establish the Intermittent Danger Zone that will enable the
Marine Corps to ensure security and safety for the public.
The current military training mission requires enhanced public
safety and protection of vessels that operate in the vicinity of the
Bombing Target-11 range. This proposed amendment to the current danger
zone regulation at 33 CFR 334.420 includes the addition of a danger
zone in Pamlico Sound that abuts the existing 1.8 mile radius danger
zone and extends out to 2.5 miles from the common center point.
Establishment of this additional danger zone will allow the Marine
Corps to minimize the public safety hazard resulting from the increased
use of .50 caliber weapons firing from rotary-wing aircraft and small
boats during training exercises at Bombing Target-11 Range. The new
danger zone will optimize public safety and military training, and
protect any vessels that operate in the vicinity of Bombing Target-11
Range.
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). The Corps has determined that revising this proposed rule
would have practically no economic impact on the public, or result in
no anticipated navigational hazard or interference with existing
waterway traffic. This proposed rule will have no significant economic
impact on small entities.
c. Review Under the National Environmental Policy Act. The Corps
expects that the proposed rule will not have a significant impact to
the quality of the human environment and,
[[Page 65279]]
therefore, preparation of an environmental impact statement will not be
required. After the comment period, an environmental assessment will be
prepared and it may be reviewed at the District office listed at the
end of the FOR FURTHER INFORMATION CONTACT, above.
d. Unfunded Mandates Act. The proposed 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 Reform Act (Pub. L. 104-
4, 109 Stat. 48, 2 U.S.C. 1501 et seq.). We have also found under
Section 203 of the Act, that small governments will not be
significantly or uniquely affected by this proposed rule.
List of Subjects in 33 CFR Part 334
Danger zones, 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 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. In Sec. 334.420 add paragraphs (b)(1)(v) and (b)(2)(iii) to
read as follows:
Sec. 334.420 Pamlico Sound and adjacent waters, N.C.; danger zones
for Marine Corps operations.
* * * * *
(b) * * *
(1) * * *
(v) The waters within a circular band with an inner radius of 1.8
statute miles and an outer radius of 2.5 statute miles having its
center at latitude 35[deg]02'12'', longitude 76[deg]28'00''.
(2) * * *
(iii) The areas described in paragraph (b)(1)(v) of this section
shall be used as a strafing area. Practice and dummy ammunition will be
used. Operations will be conducted on five consecutive days (Monday
through Friday) per month during the months of February through
November between the hours of 4 p.m. to 11 p.m. The block training
dates will be scheduled two weeks in advance of the actual training
start date. Marine Corps Air Station, Cherry Point will have a call-in
number for public use to provide information on the current use of the
training area. The Notification to Mariners System will also be
utilized to inform the public on the status of the training area. No
vessel or person shall enter the area during the scheduled block
training session except for such vessels as may be directed by the
enforcing agency to enter on assigned duties. The area will be
patrolled and vessels ``buzzed'' by the patrol plane prior to the
conduct of operations in the area. Vessels or personnel which have
inadvertently entered the danger zone shall leave the area immediately
upon being so warned.
* * * * *
Dated: October 8, 2010.
Michael G. Ensch,
Chief, Operations, Directorate of Civil Works.
[FR Doc. 2010-26442 Filed 10-21-10; 8:45 am]
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