[Federal Register Volume 66, Number 55 (Wednesday, March 21, 2001)]
[Rules and Regulations]
[Page 15799]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-7043]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 334


United States Marine Corps Restricted Area, New River, North 
Carolina, and Vicinity

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

ACTION: Final rule.

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SUMMARY: The Corps of Engineers is amending the regulations which 
established restricted areas in the waters of New River, North 
Carolina, and vicinity to include restricted areas for United States 
Marine Corps Waterborne Refueling Training Operation in the Morgan Bay 
Sector, Farnell Bay Sector, and Grey Point Sector. Refueling operations 
will occur approximately fourteen times a year. Small craft will be 
refueled with unleaded gasoline or diesel fuel from a tactical bulk 
refueling system loaded onto a floating platform or vessel. The purpose 
is for the Marine Corps to gain proficiency in refueling operations and 
associated activities in riverine environments. The restricted area 
previously served as a firing range; but there were not provisions for 
refueling operations. The changes to the regulation are necessary to 
safeguard Marine Corps vessels, ribbon bridges, and United States 
Government facilities from sabotage and other subversive acts, 
accidents, or other incidents of similar nature. These changes are also 
necessary to protect the public from potentially hazardous conditions 
which may exist as a result of the Marine Corps use of the area.

EFFECTIVE DATE: April 20, 2001.

ADDRESSES: U.S. Army Corps of Engineers, ATTN: CECW-OR, 441 G Street, 
NW., Washington, DC 20314-1000.

FOR FURTHER INFORMATION CONTACT: Mr. Frank Torbett, Headquarters 
Regulatory Branch, Washington, DC at (202) 761-4618, or Dr. G. Wayne 
Wright , Corps of Engineers, Wilmington District, at 910-251-4467.

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 U.S.C. 
3) the Corps is amending the restricted area regulations in 33 CFR Part 
334.440.

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 proposed 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 establishment of this restricted area would 
have practically no impact on the public, no anticipated navigational 
hazard or interference with existing waterway traffic and accordingly, 
certifies that this 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 proposed additional 
restricted area regulations, that this action will not have a 
significant impact to the quality of 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. 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, Restricted areas, Navigation (water), Transportation, 
Waterways.

    For the reasons set out in the preamble, the Corps amends 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).

    2. Section 334.440 is amended by adding paragraph (c)(6) to read as 
follows:


Sec. 334.440  New River, NC, and vicinity; Marine Corps firing ranges.

    (c) * * *
    (6) No person shall enter or remain within a 2 acre area 
surrounding a waterborne refueling training operation, in either the 
Grey Point Sector, Farnell Bay Sector, or Morgan Bay Sector as 
described in paragraph (b) of this section, for the duration of the 
training operation after a notice to conduct a waterborne refueling 
training operation has been published in the local notice to mariners 
and has been broadcast over the Marine Band radio network. The 2 acre 
area surrounding a waterborne refueling training operation will be 
patrolled and persons and vessels shall clear the area under patrol 
upon being warned by the surface patrol craft.
* * * * *

    Dated: March 5, 2001.
Charles M. Hess,
Chief, Operations Division, Directorate of Civil Works.
[FR Doc. 01-7043 Filed 3-20-01; 8:45 am]
BILLING CODE 3710-65-P