[Federal Register Volume 61, Number 167 (Tuesday, August 27, 1996)]
[Rules and Regulations]
[Pages 43969-43970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-21841]


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DEPARTMENT OF DEFENSE

Department of the Army

Corps of Engineers

33 CFR Part 334


Pamlico Sound and Adjacent Waters, North Carolina, Danger Zones; 
Alligator Bayou off St. Andrew Bay, Florida; and Suisun Bay, West of 
Carquinez Straits at the Naval Weapons Station, Concord, California, 
Restricted Areas

AGENCY: U.S. Army Corps of Engineers, DoD.

ACTION: Final rule.

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SUMMARY: The Corps is amending the regulations which establish several 
danger zones in Pamlico Sound and the Neuse River in North Carolina to 
delete one of the danger zones and make minor editorial changes to the 
regulations. The danger zone as it exists, protrudes into and 
interferes with navigation in Turnagain Bay and will not be used again 
by the Government for a use that precludes free use by the public. The 
Corps is also making minor editorial amendments to the regulations 
which establish a restricted area in the waters of Alligator Bayou, a 
tributary of St. Andrews Bay and the Gulf of Mexico, Florida and a 
restricted area in the waters of Suisun Bay, west of Carquinez Straits 
at the Naval Weapons Station, Concord, California, to clarify that 
persons, as well as vessels, are not allowed within the restricted 
areas. This amendment will not affect the size, location or further 
restrict the public's use of the restricted areas. The restricted areas 
continue to be essential to the safety and security of Government 
facilities, vessels and personnel and protect the public from the 
hazards associated with the operations at Government facilities.

EFFECTIVE DATE: October 28, 1996.

ADDRESSES: HQUSACE, CECW-OR, Washington, D.C. 20314-1000.

FOR FURTHER INFORMATION CONTACT: Mr. Ralph Eppard, Regulatory Branch, 
CECW-OR at (202) 761-1783, or questions concerning the Pamlico Sound, 
NC danger zone revocation may be directed to Mr. David Franklin of the 
Wilmington District at (910) 251-44952. Questions concerning the 
Alligator Bayou restricted area may be directed to Mr. Larry Evans of 
the Jacksonville District at (904) 232-3943. Any questions concerning 
the Suisun Bay, California restricted area may be directed to Mr. Mark 
D'Avignon of the San Francisco District at (415) 977-8446.

SUPPLEMENTARY INFORMATION: Pursuant to its authorities in Section 7 of 
the Rivers and Harbors Act of 1917 (40 Stat. 266; 33 U.S.C. 1) and 
Chapter XIX of the Army Appropriations Act of 1919 (40 Stat. 892; 33 
U.S.C. 3), the Corps is amending the regulations in 33 CFR Part 
334.420, 334.760 and 334.1110.
    The Commanding Officer, Marine Corps Air Bases, Eastern Area, 
Cherry Point, North Carolina, has requested an amendment to the 
regulations in 33 CFR 334.420(b)(1)(ii), to disestablish a danger zone 
in the waters off Mulberry Point in Pamlico Sound. The area will be 
opened to public use upon the effective date of these final rules. The 
remaining danger zones established in 33 CFR 334.420 remain in effect. 
We are also making an editorial change to clarify that these danger 
zone regulations apply to personnel as well as vessels. The Commanding 
Officer, Coastal Systems Station, Dahlgren Division, Naval Surface 
Warfare Center, Panama City, Florida, and the Commanding Officer, Naval 
Weapons Station Concord, Concord, California have also requested that 
the word ``person'' be inserted into the regulations in 33 CFR 
334.760(b)(1) and 33 CFR 334.1110(2), respectively, to clarify that 
restrictions apply not only to vessels, but to personnel as well. Other 
minor editorial changes are being made to 33 CFR 334.1110 to correct 
paragraph designations in the regulations. These amendments to the 
danger zones in 33 CFR 334.420 and the restricted areas in 33 CFR 
334.760 and 334.1110 are being promulgated without being published as 
proposed rules with opportunity for public comment because the changes 
are editorial in nature and since the revisions do not change the 
boundaries or increase the restrictions on the public's use or entry 
into the designated areas, the changes will have practically no effect 
on the public. Accordingly, we have determined that public comment is 
unnecessary and impractical.

Procedural Requirements

a. Review under Executive Order 12866

    This final rule is issued with respect to a military function of 
the Defense Department and the provisions of Executive Order 12866 do 
not apply.

b. Review under the Regulatory Flexibility Act

    These rules have been reviewed under the Regulatory Flexibility Act 
(Pub. L. 86-354), 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 entities (i.e., small 
businesses and small governments). The Corps expects that the economic 
impact of the changes to the restricted areas will have practically no 
impact on the public, no anticipated navigational hazard or 
interference with existing waterway traffic and accordingly, certifies 
that this proposal if adopted, will have no significant economic impact 
on small entities.

c. Review under the National Environmental Policy Act

    An environmental assessment has been prepared for each of these 
actions. We have concluded, based on the minor nature of these proposed 
amendments that these amendments to danger zones and restricted areas 
will not have a significant impact to the human environment, and 
preparation of a environmental impact statement is not required. The 
environmental assessment for the appropriate area may be reviewed at 
the District Offices listed at the end of FOR FURTHER INFORMATION 
CONTACT, above.

d. Submission to Congress and the GAO

    Pursuant to Section 801(a)(1)(A) of the Administrative Procedure 
Act as amended, by the Small Business Regulatory Enforcement Fairness 
Act of 1996, the Army has submitted a report containing this rule to 
the U.S. Senate, House of Representatives and the Comptroller General 
of the General Accounting Office prior to publication of this rule in 
the Federal Register. This rule is not a major rule within the meaning 
of section 804(2) of the Administrative Procedure Act, as amended.

[[Page 43970]]

e. Unfunded Mandates Act

    This rulemaking does not impose an enforceable duty among the 
private sector and therefore, is not a Federal private sector mandate 
and is not subject to the requirements of Section 202 or 205 of the 
Unfunded Mandates Act. We have also found under Section 203 of the Act, 
that small governments will not be significantly and uniquely affected 
by this rulemaking.

List of Subjects in 33 CFR Part 334

    Danger Zones, Navigation (water), Transportation.

    For the reasons set out in the preamble, 33 CFR Part 334 is amended 
as follows:

PART 334--DANGER ZONE AND RESTRICTED 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 334.420 is amended by revising the first sentence of 
paragraph (a)(2), removing paragraph (b)(1)(ii), redesignating 
paragraphs (b)(1)(iii), (iv) and (v) as (b)(1)(ii), (iii) and (iv), 
respectively, and revising paragraph (b)(2) to read as follows:


Sec. 334.420  Pamlico Sound and adjacent waters, N.C.; danger zones for 
Marine Corps operations.

    (a) * * *
    (2) The regulations. The area shall be closed to navigation and 
personnel at all times except for vessels engaged in operational and 
maintenance work as directed by the enforcing agency. * * *
    (b) Bombing, rocket firing, and strafing areas in Pamlico Sound and 
Neuse River--(1) The areas. * * *
    (2) The regulations. (i) The area described in paragraph (b)(1) of 
this section will be used as bombing, rocket firing, and strafing 
areas. Live and dummy ammunition will be used. The area shall be closed 
to navigation and all persons at all times except for such vessels as 
may be directed by the enforcing agency to enter on assigned duties. 
The area will be patrolled and vessels ``buzzed'' by the patrol plane 
prior to the conduct of operations in the area. Vessels or personnel 
which have inadvertently entered the danger zone shall leave the area 
immediately upon being so warned.
    (ii) The areas described in paragraphs (b)(1)(ii), (iii) and (iv) 
of this section shall be used for bombing, rocket firing, and strafing 
areas. Practice and dummy ammunition will be used. All operations will 
be conducted during daylight hours, and the areas will be open to 
navigation at night. No vessel or person shall enter these areas during 
the hours of daylight without special permission from the enforcing 
agency. The areas will be patrolled and vessels ``buzzed'' by the 
patrol plane prior to the conduct of operations in the areas. Vessels 
or personnel which have inadvertently entered the danger zones shall 
leave the area immediately upon being warned.
* * * * *
    3. Section 334.760 is amended by revising paragraph (b)(1) to read 
as follows:


Sec. 334.760  Alligator Bayou, a tributary of St. Andrew Bay, Fla.; 
restricted area.

* * * * *
    (b) The regulations. (1) No vessel or person shall enter the area 
or navigate therein without permission of the Commanding Officer, Naval 
Ship Research and Development Laboratory, Panama City, Fla., or her/his 
authorized representative.
* * * * *
    4. Section 334.1110 is amended by revising the heading for 
paragraph (a); revising the paragraph (a)(1) designation and heading; 
and redesignating paragraph (a)(2) as (b), and revising it to read as 
follows:


Sec. 334.1110  Suisun Bay at Naval Weapons Station, Concord; restricted 
area.

    (a) The area. * * *
    (b) The regulations. (1) No person, vessel, watercraft, conveyance 
or device shall enter or cause to enter or remain in this area. No 
person shall refuse or fail to remove any person or property in his 
custody or under his control from this area upon the request of the 
Commanding Officer of the Naval Weapons Station Concord or his/her 
authorized representative.
    (2) The regulations in this section shall be enforced by the 
Commanding Officer, Naval Weapons Station Concord, and such agencies as 
he/she shall designate.

    Dated: August 2, 1996.
Stanley G. Genega,
Major General, U.S. Army, Director of Civil Works.
[FR Doc. 96-21841 Filed 8-26-96; 8:45 am]
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