[Federal Register Volume 61, Number 238 (Tuesday, December 10, 1996)]
[Rules and Regulations]
[Pages 64996-64997]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-31142]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Department of the Army Corps of Engineers

33 CFR Part 334


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

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

ACTION: Final rule.

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

SUMMARY: The Corps is amending the regulations which establish several 
danger zones and restricted areas in the waters of the Cooper River and 
its tributaries in the vicinity of Charleston, South Carolina by 
establishing a new danger zone for a small arms range at the Naval 
Weapons Station. The small arms firing range is to be used for training 
by the U.S. Border Patrol Training Academy. The Corps is also 
correcting a coordinate that defines the boundaries of an existing 
danger zone and making minor editorial amendments to the regulations to 
clarify that persons, as well as vessels, are not allowed within the 
danger zones and restricted areas. This clarification does not affect 
the size, location or further restrict the public's use of the areas. 
The danger zones and 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 
the Government facilities.

DATES: Effective on January 9, 1997.

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 Ms. 
Tina Hadden of the Charleston District at (803) 727-4607.

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 
334.460.
    The Commanding Officer, Naval Weapons Station Charleston, South 
Carolina, has requested an amendment to the regulations in 33 CFR 
334.460(a)(12), to correct a coordinate which establishes a boundary of 
a danger zone in Foster Creek. The coordinate which presently reads 
``Latitude 31 deg.59'16'' N'' is corrected to read ``32 deg.59'16'' 
N''. The Navy also requested that a new danger zone be established in 
an unnamed tributary and associated marsh of Back River and Foster 
Creek to prohibit public entry into the new area ((a)(13)), and to also 
prohibit entry into the existing danger zone (a)(12). The purpose of 
the danger zone is to protect the public from the dangers associated 
with a small arms firing range nearby and the potential for an errant 
round to impact into the water. It is not the intent of the Navy to use 
the waters of the danger zone as an impact area for the range. The Navy 
will erect post-mounted signs at intervals across the marsh to identify 
the area as a danger zone. It is believed that closure of the water 
area for the new danger zone will have minimal impact or no impact on 
the public's use of the area which is described as a marsh area not 
navigable by conventional watercraft nor frequented by fishermen. We 
are also making an editorial change to clarify that these restricted 
area and danger zone regulations apply to personnel as well as vessels. 
Other minor changes to the regulations 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. The Corps 
published the amendments contained herein in the Notice of Proposed 
Rulemaking section of the Federal Register on September 12, 1996 with 
the comment period ending on October 15, 1996 (61 FR 48112-48113). The 
Corps Charleston District Engineer concurrently solicited public 
comment on the proposed changes to the danger zone rules by 
distribution of a public notice to all known interested parties. We 
received no comments in response to the notice of proposed rulemaking 
or the District public notice.

Procedural Requirements

a. Review Under Executive Order 12866

    This 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. 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 entities (i.e., small 
businesses and small governments). The Corps expects that the economic 
impact of the changes to the danger zones would have practically no 
impact on the public, no anticipated navigational hazard or 
interference with existing waterway traffic and accordingly, certifies 
that this proposal will have no significant economic impact on small 
entities.

c. Review Under the National Environmental Policy Act

    An environmental assessment has been prepared for this action. We 
have concluded, based on the minor nature of the additional danger zone 
and other editorial changes that these amendments to danger zones and 
restricted areas will not have a significant impact to the human 
environment, and preparation of an environmental impact statement is 
not required. The environmental assessment may be reviewed at the 
District Office listed at the end of FOR FURTHER INFORMATION CONTACT, 
above.

d. Unfunded Mandates Act

    This rule 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.

e. 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 the effective date 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.

List of Subjects in 33 CFR Part 334

    Danger zones, Marine Safety, Waterways.

    For the reasons set out in the preamble, we are amending 33 CFR 
Part 334, as follows:


[[Page 64997]]



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 revising paragraphs (a)(12), 
(b)(1), (2), (3), (4), (5), (6), (7), (9) and (11), and adding a new 
paragraph (a)(13), to read as follows:


Sec. 334.460  Cooper River and tributaries at Charleston, SC

    (a) * * *
    (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 32 deg.59'16''N, 
longitude 79 deg.57'23''W; thence back proceeding along the eastern 
shoreline to the terminus of the tributary at latitude 32 deg.59'49''N, 
longitude 79 deg.57'29''W; thence back down the western shoreline of 
the unnamed tributary to latitude 32 deg.59'15''N, longitude 
79 deg.57'26''W. The waters and associated marshes in this danger zone 
area are subject to impact by rounds and ricochets originating from a 
small arms range when firing is in progress.
    (13) Danger zone. Those portions of unnamed tributaries and 
associated marshes of Back River and Foster Creek that are generally 
described as lying south of the main shoreline and extending southward 
to the northern shoreline of Big Island (U.S. Naval Reservation). 
Specifically, the area beginning at a point on the main shoreline which 
is the northern shore of an unnamed tributary of Back River at latitude 
32 deg.59'19''N, longitude 79 deg.56'52''W, southwesterly to a point on 
or near the northern shoreline of Big Island at latitude 
32 deg.59'11''N, longitude 79 deg.56'59''W; thence northwesterly to a 
point on the main shoreline, which is the northern shore of an unnamed 
tributary of Foster Creek, at latitude 32 deg.59'16''N, longitude 
79 deg.57'11''W; thence easterly along the main shoreline, which is the 
northern shore of the unnamed tributaries of Foster Creek and Back 
River, back to the point of beginning at latitude 32 deg.59'19''N 
longitude 79 deg.56'52''W. The waters and associated marshes in this 
danger zone area are subject to impact by rounds and ricochets 
originating from a small arms range when firing is in progress.
    (b) * * *
    (1) Unauthorized personnel, vessels and other watercraft shall not 
enter the restricted areas described in paragraphs (a)(1), (a)(2), and 
(a)(4) of this section at any time.
    (2) Personnel, vessels and other watercraft entering the restricted 
area described in paragraph (a)(5) of this section, shall proceed at 
normal speed and under no circumstances anchor, fish, loiter, or 
photograph until clear of the restricted area.
    (3) Personnel, vessels and other watercraft may be restricted from 
using any or all of the area described in paragraphs (a)(3) and (a)(6) 
of this section without first obtaining an escort or other approval 
from Commander, Naval Base, Charleston, when deemed necessary and 
appropriately noticed by him/her for security purposes or other 
military operations.
    (4) Personnel, vessels and other watercraft, other than those 
specifically authorized by Commanding Officer, U.S. Naval Weapons 
Station, Charleston, SC, entering the restricted area described in 
paragraph (a)(8) of this section shall proceed at normal speed, and 
under no circumstances anchor, fish, loiter, or photograph in any way 
until clear of the restricted area.
    (5) Personnel, vessels and other watercraft, other than those 
specifically authorized by Commanding Officer, U.S. Naval Weapons 
Station, Charleston, SC, entering the areas described in paragraphs 
(a)(9) and (a)(10) of this section are prohibited from entering within 
one-hundred (100) yards of the west bank of the Cooper River, in those 
portions devoid of any vessels or manmade structures. In those areas 
where vessels or man-made structures are present, the restricted area 
will be 100 yards from the shoreline or 50 yards beyond those vessels 
or other man-made structures, whichever is the greater. This includes 
the area in paragraph (a)(10) of this section.
    (6) In the interest of National Security, Commanding Officer, U.S. 
Naval Weapons Station, Charleston, SC, may at his/her discretion, 
restrict passage of persons, watercraft and vessels in the areas 
described in paragraphs (a)(7) and (a)(11) of this section until such 
time as he/she determines such restriction may be terminated.
    (7) All restricted areas and all danger zones and the approaches 
leading to the danger zones will be marked with suitable warning signs.
 * * * * *
    (9) The regulations in this section for the danger zones described 
in paragraphs (a)(12) and (a)(13) of this section and the regulations 
described in paragraphs (b) (4), (5) and (6) of this section, shall be 
enforced by the Commanding Officer, Naval Weapons Station Charleston, 
SC, and such agencies as he/she may designate.
 * * * * *
    (11) The unauthorized entering or crossing of the danger zones 
described in paragraphs (a)(12) and (a)(13) of this section by all 
persons, watercraft and vessels is prohibited at all times unless 
specifically authorized by the Commanding Officer of the U.S. Naval 
Weapons Station Charleston, SC.

    Dated: December 2, 1996.
Russell L. Fuhrman,
Major General, U.S. Army, Director of Civil Works.
[FR Doc. 96-31142 Filed 12-9-96; 8:45 am]
BILLING CODE 3710-92-M