[Federal Register Volume 62, Number 233 (Thursday, December 4, 1997)]
[Proposed Rules]
[Pages 64192-64193]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31776]


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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, Department of Defense.

ACTION: Supplementary proposed rule.

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SUMMARY: The Corps published a proposed rule in the April 15, 1997, 
issue of the Federal Register, concerning flotation materials to be 
used on all new docks and boat mooring buoys. Comments received during 
the 45 day comment period prompted the Corps to conduct further study 
and give additional consideration to flotation requirements. As a 
result, the Corps is withdrawing this amendment and proposing a new 
amendment.
    An amendment to the Guidelines for Granting Shoreline Use Permits 
was also part of the proposed rule published on April 15, 1997. This 
language reduced onerous requirements on individuals who have requested 
waivers due to obvious limiting health conditions by giving Operations 
Project Managers flexibility to take special circumstances of the 
applicant into consideration when issuing a shoreline management 
permit. No negative comments were received during the comment period 
and this amendment will be issued as a final rule at a later date, 
probably in conjunction with the flotation amendment, once the 
flotation issue is resolved.

DATES: Comments must be submitted on or before January 20, 1998.

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

FOR FURTHER INFORMATION CONTACT: Mr. Darrell E. Lewis, (202) 761-0247.

SUPPLEMENTARY INFORMATION: The Corps published a final rule providing 
policy and guidance on the management of shorelines of Corps of 
Engineers managed Civil Works projects in the Federal Register on July 
27, 1990, (55 FR 30690-30702), last amended in the Federal Register on 
July 1, 1992 (57 FR 29219-29220).
    Two amendments to the regulation were published as a proposed rule 
in the Federal Register on April 15, 1997 (62 FR 18307-18308). An 
amendment to Paragraph 2.c(9) of Appendix A, Section 327.30, Guidelines 
for Granting Shoreline Use Permits, gave operational project managers 
flexibility to take special circumstances of the applicant into 
consideration when issuing a permit. This language reflected 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. No negative comments were 
received regarding this amendment during the comment period. Therefore, 
this portion of the April 15, 1997 proposed rule will be promulgated as 
a final rule at a later date.
    Paragraph 14, Appendix C, of Section 327.30, also published in the 
April 15, 1997, proposed rule, reflected the Corps amended flotation 
requirements for all new docks and boat mooring facilities. The Corps 
received 28 letters concerning flotation during the comment period of 
this proposed rulemaking. The comments prompted the Corps to conduct 
further study and give additional consideration to flotation 
requirements. Accordingly, the flotation portion of the proposed rule 
published on April 15, 1997, is withdrawn and a new amendment is 
proposed.

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

[[Page 64193]]

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 withdraw 
the amendment to 36 CFR Part 327, Appendix C published at 62 FR 18307 
(April 15, 1997) and 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.

    2. 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. Flotation for all docks and boat mooring buoys shall be of 
materials manufactured for marine use. Flotation will be 100% 
warranted for a minimum of 8 years to not sink, become waterlogged, 
crack, peel, fragment or be subject to loss of beads. Flotation 
materials will resist puncture and penetration and will not be 
subject to damage by animals. Flotation will be fire resistant. Any 
flotation which is within 40 feet of a line carrying fuel shall be 
100% impervious to water and fuel. Reuse of plastic, metal or other 
previously used drums or containers for encasement or flotation 
purpose is prohibited. Existing flotation is authorized until it has 
severely deteriorated and is no longer serviceable, 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 it no longer performs its designated 
function or fails to meet the specifications for which it was 
originally warranted.
* * * * *
    Dated: November 21, 1997.

    For the Commander.
Robert W. Burkhardt,
Colonel, Corps of Engineers, Executive Director of Civil Works.
[FR Doc. 97-31776 Filed 12-3-97; 8:45 am]
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