[Code of Federal Regulations]
[Title 33, Volume 3]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 33CFR334.4]

[Page 492-493]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
         CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY
 
PART 334--DANGER ZONE AND RESTRICTED AREA REGULATIONS--Table of Contents
 
Sec. 334.4  Establishment and amendment procedures.

    (a) Application. Any request for the establishment, amendment or 
revocation of a danger zone or restricted area must contain sufficient 
information for the District Engineer to issue a public notice, and as a 
minimum must contain the following:
    (1) Name, address and telephone number of requestor including the 
identity of the command and DoD facility and the identity of a point of 
contact with phone number.
    (2) Name of waterway and if a small tributary, the name of a larger 
connecting waterbody.
    (3) Name of closest city or town, county/parish and state.
    (4) Location of proposed or existing danger zone or restricted area 
with a map showing the location, if possible.
    (5) A brief statement of the need for the area, its intended use and 
detailed description of the times, dates and extent of restriction.
    (b) Public notice. (1) The Corps will normally publish public 
notices and Federal Register documents concurrently. Upon receipt of a 
request for the establishment, amendment or revocation of a danger zone 
or restricted area, the District Engineer should forward a copy of the 
request with his/her recommendation, a copy of the draft public notice 
and a draft Federal Register document to the Office of the Chief of 
Engineers, ATTN: CECW-OR. The Chief of Engineers will publish the 
proposal in the Federal Register concurrent with the public notice 
issued by the District Engineer.
    (2) Content. The public notice and Federal Register documents must 
include sufficient information to give a clear understanding of the 
proposed action and should include the following items of information:
    (i) Applicable statutory authority or authorities; (40 Stat. 266; 33 
U.S.C. 1) and (40 Stat. 892; 33 U.S.C. 3)
    (ii) A reasonable comment period. The public notice should fix a 
limiting date within which comments will be received, normally a period 
not less than 30 days after publication of the notice.
    (iii) The address of the District Engineer as the recipient of any 
comments received.
    (iv) The identity of the applicant/proponent;
    (v) The name or title, address and telephone number of the Corps 
employee from whom additional information concerning the proposal may be 
obtained;
    (vi) The location of the proposed activity accompanied by a map of 
sufficient detail to show the boundaries of the area(s) and its 
relationship to the surrounding area.
    (3) Distribution. Public notice will be distributed in accordance 
with 33 CFR 325.3(d)(1). In addition to this general distribution, 
public notices will be sent to the following Agencies:
    (i) The Federal Aviation Administration (FAA) where the use of 
airspace is involved.
    (ii) The Commander, Service Force, U.S. Atlantic Fleet, if a 
proposed action involves a danger zone off the U.S. Atlantic coast.
    (iii) Proposed danger zones on the U.S. Pacific coast must be 
coordinated with the applicable commands as follows:

Alaska, Oregon and Washington:
    Commander, Naval Base, Seattle
California:
    Commander, Naval Base, San Diego
Hawaii and Trust Territories:
    Commander, Naval Base, Pearl Harbor


[[Page 493]]


    (c) Public hearing. The District Engineer may conduct a public 
hearing in accordance with 33 CFR part 327.
    (d) Environmental documentation. The District Engineer shall prepare 
environmental documentation in accordance with appendix B to 33 CFR part 
325.
    (e) District Engineer's recommendation. After closure of the comment 
period, and upon completion of the District Engineer's review he/she 
shall forward the case through channels to the Office of the Chief of 
Engineers, ATTN: CECW-OR with a recommendation of whether or not the 
danger zone or restricted area regulation should be promulgated. The 
District Engineer shall include a copy of environmental documentation 
prepared in accordance with appendix B to 33 CFR part 325, the record of 
any public hearings, if held, a summary of any comments received and a 
response thereto, and a draft of the regulation as it is to appear in 
the Federal Register.
    (f) Final decision. The Chief of Engineers will notify the District 
Engineer of the final decision to either approve or disapprove the 
regulations. The District Engineer will notify the applicant/proponent 
and publish a public notice of the final decision. Concurrent with 
issuance of the public notice the Office of the Chief of Engineers will 
publish the final decision in the Federal Register and either withdraw 
the proposed regulation or issue the final regulation, as appropriate. 
The final rule shall become effective no sooner than 30 days after 
publication in the Federal Register unless the Chief of Engineers finds 
that sufficient cause exists and publishes that rationale with the 
regulations.

[58 FR 37608, July 12, 1993]