[Federal Register Volume 59, Number 12 (Wednesday, January 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1194]


[[Page Unknown]]

[Federal Register: January 19, 1994]


_______________________________________________________________________

Part II





Department of Defense





_______________________________________________________________________



Army Corps of Engineers



_______________________________________________________________________



33 CFR Part 334




Restricted Areas and Danger Zone, Cooper River and Tributaries, 
Charleston, SC; Rule
DEPARTMENT OF DEFENSE

Army Corps of Engineers

33 CFR Part 334

 
Restricted Areas and Danger Zone, Cooper River and Tributaries, 
Charleston, SC

agency: Army Corps of Engineers, DoD.

action: Final rule.

-----------------------------------------------------------------------

summary: The Army Corps of Engineers is establishing a danger zone in 
the waters of an unnamed tributary of Foster Creek, a tributary of the 
Cooper River. The danger zone generally borders the Charleston Naval 
Base and the Naval Weapons Station, Charleston and Berkeley Counties, 
South Carolina. The danger zone is needed to protect the public from 
the dangers associated with the possibility of an errant round from an 
existing pistol range impacting in the unnamed creek. In addition to 
these regulations, the Navy has received authorization from the 
Charleston District Engineer to erect a fence and a gate across the 
creek to control passage into the area. Although the area is not closed 
to the public on a full time basis, the Commanding Officer, Naval 
Weapons Station, may close the area at any time and reopen the area 
when he/she determines that such restrictions may be terminated.

effective date: February 18, 1994.

for further information contact: Ms. Tina Hadden at (803) 727-4330 or 
Mr. Ralph Eppard at (202) 272-1783.

supplementary information: The Commanding Officer, Naval Weapons 
Station, Charleston, South Carolina, has requested that the Corps 
expand the existing restricted areas by establishing a danger zone in 
the waters of the Cooper River and its tributaries pursuant to its 
authorities in section 7 of the Rivers and Harbors Act of 1917 (33 
U.S.C. 1) and section XIX of the Army Appropriations Act of 1919 (33 
U.S.C. 3). The danger zone will generally border the Charleston Naval 
Base and Naval Weapons Station. The danger zone is needed to provide a 
margin of safety for vessels operating in the unnamed creek which is a 
tributary to Foster Creek by prohibiting their entry into the area when 
determined appropriate by the Commanding Officer of the Naval Weapons 
Station. A firing range for pistol training exists on an upland area 
close to the waterway. Although the weapons are not directed or 
intentionally fired into the waterway, an errant round from the pistol 
range could impact into the water. Vessels shall also be prevented from 
entering the area by a fence and gate across the waterway. Closure of 
the gate and prohibited entry by these regulations shall be as required 
by the Commanding Officer of the Naval Weapons Station.
    We published these rules in the Notice of Proposed Rulemaking 
Section of the Federal Register on September 10, 1993, (58 FR 47786) 
with the comment period expiring on October 12, 1993. We received no 
comments and accordingly, we are publishing these regulations as final 
without change.

Economic Assessment and Certification

    This rule is issued with respect to a military function of the 
Defense Department and accordingly, the provisions of Executive Order 
12866 do not apply. These rules have 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 businesses 
(i.e., small businesses and small governmental jurisdictions). These 
regulations may have a minimal impact on individuals fishing in the 
area. However, these regulations will not prohibit their entry into the 
area except on an intermittent basis as required for the Governments' 
operations. The area is not known to support a commercial fishery and 
will not affect the food fishing industry. In addition, there will be 
no fees or charges imposed by the base commander for registration or 
entry into the area. This will not result in any increase in costs to 
those fishermen. Accordingly, the preparation of a regulatory 
flexibility analysis is not warranted.

List of Subjects in 33 CFR Part 334

    Navigation (water), Transportation, Danger zones.

    In consideration of the above, the Corps is amending part 334 of 
title 33 to read as follows:

PART 334--DANGER ZONE AND RESTRICTED AREA REGULATIONS

    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).

    2. Section 334.460 is amended by adding paragraphs (a)(12) and 
(b)(11) to read as follows:


Sec. 334.460  Cooper River and tributaries at Charleston, SC.

    (a) The areas. * * *
    (12) Danger zone. That portion of Foster Creek beginning at the 
point of the southern shoreline of an unnamed tributary of Foster Creek 
at its intersection with Foster Creek at latitude 31 deg.59'16'' N, 
longitude 79 deg.57'23''; thence back proceeding along the eastern 
shoreline to the terminus of the tributary at latitude 32 deg.59'49'', 
longitude 79 deg.57'29''; thence back down the western shoreline of the 
unnamed tributary to latitude 32 deg.59'15'', longitude 79 deg.57'26''.
    (b) The regulations. * * *
    (11) The Commanding Officer of the U.S. Naval Weapons Station, 
Charleston, South Carolina, may at his/her discretion, close passage to 
all watercraft and vessels in the danger zone described in paragraph 
(a)(12) until such time as he/she determines such restrictions should 
be terminated.

    Dated: December 29, 1993.
Jimmy F. Bates,
Deputy Director of Civil Works.
[FR Doc. 94-1194 Filed 1-18-94; 8:45 am]
BILLING CODE 3710-92-M