[Federal Register Volume 62, Number 72 (Tuesday, April 15, 1997)]
[Proposed Rules]
[Pages 18307-18308]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9643]


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DEPARTMENT OF DEFENSE

Department of the Army
Corps of Engineers

36 CFR Part 327


Shoreline Use Permits, Flotation

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

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Corps proposes to amend its regulation which contains 
guidelines for granting shoreline use permits and conditions under 
which shoreline use permits can be used. We are proposing this to 
accommodate special needs of the public, and to incorporate changes 
deemed necessary to make new technologies available to the public when 
meeting certain conditions of their shoreline use permits.

DATES: Comments must be submitted on or before May 30, 1997.

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

FOR FURTHER INFORMATION CONTACT: Mr. Darrell E. Lewis, (202) 761-0247, 
HQUSACE, CECW-ON, Washington, D.C. 20314-1000.

SUPPLEMENTARY INFORMATION: Pursuant to its authorities in 16 U.S.C. 
460d, the Corps promulgated a regulation which was published in the 
Federal Register as a final rule on July 27, 1990. Since that time a 
specific instance has led to this amendment to Paragraph 9 of Appendix 
A, Section 327.30 which gives operational project managers flexibility 
to take special circumstances of the applicant into consideration when 
issuing a permit. This language reflects the Corps desire to 
accommodate basic access for those individuals who have requested 
waivers due to either obvious limiting health conditions or those 
documented by a doctor's certification.
    Since the development and subsequent publishing of flotation 
material requirements for all docks and boat mooring buoys required 
under the shoreline management program in the Federal Register on July 
27, 1990, new technologies and methods have resulted in product changes 
and influenced flotation material specifications acceptable to the 
Corps. Paragraph 14, Appendix C, of Section 327.30 in this proposed 
rulemaking reflects the Corps amended flotation requirements on all new 
docks and boat mooring facilities.

Procedural Requirements

Executive Order (E.O.) 12866

    The Secretary of the Army has determined that this proposed 
revision is not a ``major'' rule within the meaning of Executive Order 
(E.O.) 12866. If approved, this revision will not (1) have an annual 
effect on the economy of $100 million or more; (2) cause a major 
increase in costs or prices for consumers, individual industries, 
geographic regions, or Federal, State, or local governmental agencies; 
or (3) have significant adverse effects on competition, employment, 
investment, productivity, innovation, or on the ability of a United 
States-based enterprise to compete with foreign-based enterprise in 
domestic or export markets.

Regulatory Flexibility Act

    This proposed rule will not have a significant economic impact on a 
substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.)

Collection of Information

    This proposed rule contains no collection of information under the 
Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Executive Order 12612

    The Corps has analyzed this proposed rule under principles and 
criteria in E.O. 12612 and has determined that this proposed rule does 
not have sufficient federalism implications to warrant preparation of a 
Federalism Assessment.

Executive Order 12630

    The Corps has determined that this proposed rule does not have 
``significant'' taking implications. The proposed rule does not pertain 
to taking of private property interests, nor does it impact private 
property.

NEPA Statement

    The Corps has determined that this proposed rule does not 
constitute a major Federal action significantly affecting the quality 
of the human environment and that no detailed statement is required 
pursuant to the National Environmental Policy Act of 1969.

Unfunded Mandates Act of 1995

    This proposed rule imposes no unfunded mandates on any governmental 
or private entity and is in compliance with the provisions of the 
Unfunded Mandates Act of 1995.

List of Subjects in 36 CFR Part 327

    Lakeshore management, Public lands.

    For the reasons set forth in the preamble, we propose to amend 36 
CFR part 327. as follows:

PART 327--RULES AND REGULATIONS GOVERNING PUBLIC USE OF WATER 
RESOURCE DEVELOPMENT PROJECTS ADMINISTERED BY THE CHIEF OF 
ENGINEERS

    1. The authority citation for 36 CFR part 327 continues to read as 
follows:

    Authority: 16 U.S.C. 460d and 460l-6a.


Sec. 327.30  [Amended]

    2. Appendix A to Sec. 327.30 is amended by revising paragraph 2.c. 
(9) to read as follows:


Appendix A to Sec. 327.30  Guidelines for Granting Shoreline Use 
Permits

* * * * *
    2. * * *
    c. * * *
    (9) The district commander or his/her authorized representative may 
place special conditions on the permit when deemed necessary. Requests 
for waivers of shoreline management plan permit conditions based on 
health conditions will be reviewed on a case by case basis by the 
operations project manager. Efforts will be made to reduce onerous

[[Page 18308]]

requirements when a limiting health condition is obvious or when an 
applicant provides a doctor's certification of need for conditions 
which are not obvious.
* * * * *
    3. Appendix C to Sec. 327.30 is amended by revising paragraph 14. 
to read as follows:


Appendix C to Sec. 327.30  Shoreline Use Permit Conditions

* * * * *
    14. On all new docks and boat mooring buoys, flotation shall be 
extruded polystyrene, expanded polystyrene, or a copolymer of 
polythylene and polystyrene moldable foam all with 0.9 lbs./cu. ft. 
minimum density. No-foam modular blocks using interior air chambers 
for flotation with a minimum wall thickness of .25'' may also be 
used. On all foam products, water absorption shall be less than 3.0 
lbs./cu. ft at seven days when a 1/16 cu. ft. cube 
(5'' x 5'' x 4.32'') is imersed under \1/2\'' head of water for 
seven days and dripped for five seconds before weighing. All systems 
using foam (except extruded polystyrene foam) must encase the foam 
totally with concrete, galvanized steel, aluminum, recycled plastic 
lumber, polyethylene, fiberglass, or tough flexible plastic. Reuse 
of plastic, metal, or other previously used drums or containers for 
encasement or flotation purpose is prohibited. The encasement shall 
be designed to resist puncture and penetration by floating debris, 
boats, animals or other sources. In addition, the protective coating 
encasement shall be warranted by the manufacturer for a period of at 
least eight years against cracking, peeling, sloughing and 
deterioration from ultra violet rays. Extruded polystyrene foam 
products must be warranted for a period of at least eight years 
against cracking, peeling, sloughing and determination from ulta 
violet rays. Extruded polystyrene flotation shall be designed to 
resist puncture and penetration by floating debris, boats, animals 
or other sources. Manufacturers of no-foam modular blocks using 
interior air chambers for flotation must warrant their products for 
a period of at least eight years against cracking, peeling, 
sloughing and deterioration from ultra violet rays. Any flotation 
which is within 40 feet of a line carrying fuel shall, in addition 
to the requirements for protective coating mentioned above, be 100% 
impervious to water and fuel. Existing flotation is authorized until 
it has severely deteriorated and is no longer serviceable or capable 
of supporting the structure, at which time it shall be replaced with 
approved flotation. For any floats installed after the effective 
date of this specification, repair or replacement is required when 
the foam becomes visible through the encasement protective covering, 
or the float no longer performs its designed function.
* * * * *
    Dated: April 8, 1997.

    For the Commander.
Robert W. Burkhardt,
Colonel, Corps of Engineers, Executive Director of Civil Works.
[FR Doc. 97-9643 Filed 4-14-97; 8:45 am]
BILLING CODE 3710-92-M