[Federal Register Volume 59, Number 19 (Friday, January 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1838]


[Federal Register: January 28, 1994]


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Part V





Department of Defense





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Department of the Army



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Corps of Engineers



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33 CFR Part 334



Restricted Area, Pacific Ocean Offshore of Camp Pendleton, CA; Rule
DEPARTMENT OF DEFENSE

Department of the Army
Corps of Engineers

33 CFR Part 334


Restricted Area, Pacific Ocean Offshore of Camp Pendleton, San 
Diego County, CA

AGENCY: Army Corps of Engineers, DoD.

ACTION: Final rule.

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SUMMARY: This rule adopts as final, the Corps regulations contained in 
33 CFR 334.905 Pacific Ocean, offshore of Camp Pendleton, California, 
Fallbrook restricted area, which were published in the Federal Register 
as an interim final rule on October 15, 1993.

EFFECTIVE DATE: October 15, 1993.

ADDRESSES: HQUSACE, CECW-OR, Washington, DC 20314-1000.

FOR FURTHER INFORMATION CONTACT:
Ms. Elizabeth White at (619) 455-9422 or Mr. Ralph Eppard at (202) 272-
1783.

SUPPLEMENTARY INFORMATION: The Commanding Officer of the Naval Weapons 
Station requested the Corps to establish a restricted anchorage area 
(identified as Fallbrook), offshore of Camp Pendleton, San Diego 
County, California. In accordance with Naval Sea Systems Command, OPS 
Volume 1 Manual, Ammunition and Explosives Ashore Safety Regulations 
for Handling, Storing, Production, Renovation, and Shipping, a safety 
distance of 9,000 feet to inhabited structures is required for the 
anticipated net explosive weight of 5,500,000 pounds. During loading/
unloading, vessel traffic and anchorage would be restricted to a 
distance not closer than 5,400 feet from the vessel. The Fallbrook 
anchorage site has been intermittently utilized in the past and its use 
needs to be continued in support of replenishment operations associated 
with the transfer of ordnance from the Fallbrook Annex to and from 
naval combatants and ammunition ships. The Navy's utilization of this 
anchorage is expected to grow to a maximum of 10 days per month. This 
planned long-term utilization for replenishment operations necessitates 
establishment of the restricted anchorage. The Corps Los Angeles 
District Engineer issued a public notice on June 2, 1993, which 
solicited comments on this proposed restricted area to all known 
interested parties. The District did not receive any objections to the 
establishment of the restricted anchorage area. There also were no 
comments received in response to the interim final rule and 
accordingly, the rule is adopted without change.

Economic Assessment and Certification

    This final rule is issued with respect to a military function of 
the Defense Department and the provisions of E.O. 12866 do not apply. 
These rules have 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 businesses (i.e., 
small businesses and small government) jurisdictions. There is no 
anticipated navigational hazard or interference with existing waterway 
traffic. There are no recreational or commercial fishery operations 
presently in or using the waters within this area because of ongoing 
military operations. Therefore, no loss of resources or use of 
resources would be borne by the public. Therefore, it has been 
determined that this rule will not have a significant economic impact 
on a substantial number of small entities and that preparation of a 
regulatory flexibility analysis is not warranted.

List of Subjects in 33 CFR Part 334

    Danger zones, Navigation (water), Transportation.
    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. Accordingly, the interim final rule amending 33 CFR part 334 
which was published at 58 FR 53426 on October 15, 1993, is adopted as a 
final rule without change.

    Dated: January 14, 1994.
Stanley G. Genega,
Major General, USA, Director of Civil Works.
[FR Doc. 94-1838 Filed 1-27-94; 8:45 am]
BILLING CODE 3710-92-M