[Code of Federal Regulations]

[Title 33, Volume 3]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 33CFR334.4]



[Page 502-503]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

 CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY, DEPARTMENT OF 

                                 DEFENSE

 

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)



[[Page 503]]



    (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



    (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]