[Federal Register Volume 62, Number 43 (Wednesday, March 5, 1997)]
[Rules and Regulations]
[Pages 9968-9969]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-5049]


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DEPARTMENT OF DEFENSE

Corps of Engineers; Department of the Army

33 CFR Part 334


Danger Zones and Restricted Areas, National Guard Training 
Center, Sea Girt, NJ

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

ACTION: Final rule.

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SUMMARY: The Corps is revoking the regulations which establish a danger 
zone in the waters of the Atlantic Ocean at the New Jersey National 
guard Training Vente, Sea Girt, New Jersey. According to the State of 
New Jersey, the danger zone is no longer needed due to the improvements 
made at the small arms firing range located at Sea Girt. The danger 
zone was established to protect the public from the hazards associated 
with the possibility of an errant round or ricochet from the range 
impacting into the waters offshore. The revocation of the danger zone 
is essential to allow a beach nourishment project to proceed and 
formalize full public use of the water areas offshore of the National 
Guard Training Center. The revocation of the danger zone regulations 
will not affect any other Federal, State, or local regulations in that 
area.

EFFECTIVE DATE: March 20, 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 Mr. 
Richard Tomer of the New York District at (212) 264-9053.

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 334.90. 
The National Guard Training Center is located adjacent to the federally 
authorized share protection project identified as ``Ashbury Park to 
Manasquan South Reach''. One entire borrow area and a portion of 
another borrow are that are designated to be used as a source of sand 
for part of the beach restoration and storm damage protection that will 
be provided to this area located within the limits of the danger zone. 
The danger zone regulations in 33 CFR 334.90 prohibits entry by vessels 
into the danger zone during operation of the range. The State

[[Page 9969]]

of New Jersey Department of Military and Veterans Affairs and the State 
of New Jersey Department of Environmental Protection have requested 
that the danger zone at the National Guard Training Center at Sea Girt, 
New Jersey, established by the Corps on January 10, 1969, be 
disestablished. According to the State, the danger zone is no longer 
needed to protect the public using the waters offshore of the National 
Guard Training Center, because of improvements previously made at the 
small arms firing range. Accordingly, we are hereby removing the 
regulations which establish the danger zone. We have determined that 
notice of proposed rulemaking and public procedures thereto are 
unnecessary since the revocation of the danger zones removes a 
restriction on public use of the offshore.

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 removal of the danger zone at the National Guard Training 
Center at Sea Girt, New Jersey would have no impact on the public, no 
anticipated navigational hazard or interference with existing waterway 
traffic and accordingly, certifies that this rule will have no 
significant economic impact on small entities.

C. Review Under the National Environmental Policy Act

    We have concluded that this amendment to the danger zone 
regulations which removes a restriction on the public's use of a water 
area will not have a significant impact to the human environment, and 
preparation of an environmental impact statement is not required.

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 of 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. 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

    Navigation (water), Transportation, Danger zones.

    For the reasons set out in the preamble, we are amending 33 CFR 
Part 334, 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).


Sec. 334.90  [Removed]

    2. Section 334.90 is removed.

    Dated: February 23, 1997.
Russell L. Fuhrman,
Major General, United States Army, Director of Civil Works.
[FR Doc. 97-5049 Filed 3-4-97; 8:45 am]
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