[Federal Register Volume 59, Number 160 (Friday, August 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20388]


[[Page Unknown]]

[Federal Register: August 19, 1994]


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DEPARTMENT OF DEFENSE
Department of the Army

32 CFR Part 552

 

Restriction of Training Areas on the Installation of Fort 
Benjamin Harrison, IN

AGENCY: U.S. Army Soldier Support Center, Fort Benjamin Harrison, DOD.

ACTION: Final rule.

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SUMMARY: This rule adopts as final the regulations contained in 32 CFR 
Part 552, subpart K, Restriction of Training Areas on Fort Benjamin 
Harrison, Indiana, which were published in the Federal Register as an 
interim rule on July 6, 1994. This subpart establishes restrictions 
governing the operation of unauthorized vehicles, motorized and non-
motorized vehicles, on the Army training areas of Fort Benjamin 
Harrison, Indiana, as defined in Sec. 552.143 of this subpart. 
Unauthorized vehicles are restricted to paved roads on the installation 
of Fort Benjamin Harrison. Paragraph numbering has been changed to 
permit flexibility in paragraph numbering in Part 552.

DATES: This final rule is effective August 19, 1994.

ADDRESSES: Commander, Soldier Support Center, ATTN: Directorate of 
Information Management, Fort Benjamin Harrison, Indiana 46216-5151.

FOR FURTHER INFORMATION CONTACT: Cheri Armstrong, (317) 542-4909.

SUPPLEMENTARY INFORMATION: U.S. Codes referenced in this subpart can be 
obtained from the Government Printing Office or can be reviewed in any 
Public Library. Army publications referenced in this subpart may be 
obtained from the U.S. Army Publications and Printing Command, 
Alexandria, VA 22331-0302.

Executive Order 12291

    This final rule has been classified as nonmajor.

Regulatory Flexibility Act

    This final rule has been reviewed with regard to the requirements 
of the Regulatory Flexibility Act of 1980. This proposed rule does not 
have a significant impact on small entities.

Paperwork Reduction Act

    This final rule does not contain new reporting or recordkeeping 
requirements subject to approval by the Office of Management and Budget 
under the requirements of the Paperwork Reduction Act of 1980 (44 
U.S.C. 3507).

List of Subjects in 32 CFR Part 552

    Government employees, Military personnel.

    Accordingly, subpart K to 32 CFR part 552, is added to read as 
follows:

PART 552--[AMENDED]

Subpart K--Restriction of Training Areas on the Installation of 
Fort Benjamin Harrison, Indiana

Sec.
552.140  Purpose.
552.141  Applicability.
552.142  References.
552.143  Definitions.
552.144  Procedures.
552.145  Violations.

    Authority: 16 U.S.C. 470; 1531-1543; 18 U.S.C. 1382; 50 U.S.C. 
797.


Sec. 552.140  Purpose.

    (a) This subpart establishes restrictions governing the operation 
of unauthorized vehicles, motorized and non-motorized, on the army 
training areas of Fort Benjamin Harrison, Indiana, as defined in 
Sec. 552.134 of this subpart. Unauthorized vehicles are restricted to 
paved roads on the installation of Fort Benjamin Harrison, Indiana.
    (b) These restrictions are established to prevent the interruption 
of the use of these Army training areas by any person or persons. The 
continued and uninterrupted use of these training areas by the military 
is vital in order to maintain and improve the combat readiness of the 
U.S. Armed Forces. Training conditions exist within these areas which 
could be dangerous to unauthorized persons entering these areas.
    (c) In addition, these restrictions have been established to 
prevent property damage, threatening of endangered flora and fauna in 
the areas, and to prevent the harassment of protected species such as 
the Blue Heron and the Indiana Bat by any person or persons.


Sec. 552.141  Applicability.

    The restrictions outlined in this subpart apply to all individuals, 
with the exception of soldiers and Army civilian employees and 
authorized contractors, who may enter the restricted areas in the 
performance of their official duties.


Sec. 552.142  References.

    Required and related publications are listed below. U.S. Codes 
referenced in this subpart can be obtained from the Government Printing 
Office or can be reviewed in any Public Library. Army publications 
referenced in this subpart may be obtained from the U.S. Army 
Publications and Printing Command, Alexandria, VA 22331-0302.
    a. 16 U.S.C. 1531-1543.
    b. 16 U.S.C. 470.
    c. Title 18, U.S.C. 1382.
    d. Internal Security Act of 1950, section 21 (50 U.S.C. 797).
    e. Army Regulation 420-74.
    f. 10 U.S.C. 801-940.
    g. Article 92, Uniform Code of Military Justice.


Sec. 552.143  Definitions.

    (a) For purpose of this subpart, restricted areas on the 
installation of Fort Benjamin Harrison, Indiana area defined as 
training areas A thru J, to include the gold course. A map defining 
these areas is located in the Directorate of Plans, Training, and 
Mobilization, Security, Plans and Operations Division, Training Branch, 
Building 600, Room B, Fort Benjamin Harrison, Indiana.
    (b) Unauthorized motor and non-motorized vehicles are defined as 
any wheeled or tracked vehicle. This may include, but not limited to, 
bicycles, ATV, snow mobiles, motor cycles, automobiles, trucks, etc.


Sec. 552.144  Procedures.

    (a) Except for the soldiers, Army civilians and authorized 
contractors who enter the restricted areas in the performance of their 
official duties, entry of unauthorized vehicles is prohibited for any 
purpose whatsoever without the advanced consent of the Commander, 
United States Army Soldier Support Center (USASSC), Fort Benjamin 
Harrison, Indiana, or his/her authorized representative.
    (b) Any person or group of persons desiring advanced consent shall, 
in writing, submit a request to the following address: HQ, USASSC and 
Fort Benjamin Harrison, ATTN: Public Affairs Office, Building 600, Fort 
Benjamin Harrison, Indiana 46216-5040.


Sec. 552.145  Violations.

    (a) Any person/persons entering or remaining on any training area 
as defined in Sec. 552.134 without the advance consent of the 
Commander, USASSC, or his authorized representative, shall be subject 
to the penalties prescribed by Sec. 552.133 of this subpart, which 
provides in pertinent part: ``Whoever, within the jurisdiction of the 
United States, goes upon any military, naval, or Coast Guard 
reservation, post, fort, arsenal, yard, station or installation, for 
any purpose prohibited by law or lawful regulation * * * shall be fined 
for not more than $500.00 or imprisoned not more than six months, or 
both.
    (b) Moreover, any person who willfully violates this subpart is 
subject to a fine not to exceed $5,000.00 or imprisonment for not more 
than 1 year as provided in Sec. 552.133(d) of this subpart.
    (c) In addition, violation of this subpart by persons subject to 
the Uniform Code of Military Justice (10 U.S.C. 801-940) is a violation 
of Article 92 of the Uniform Code of Military Justice.
Kenneth L. Denton,
Army Federal Register Liaison Officer.
[FR Doc. 94-20388 Filed 8-18-94; 8:45 am]
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