[Federal Register Volume 66, Number 156 (Monday, August 13, 2001)]
[Proposed Rules]
[Pages 42478-42479]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-20232]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 334


Department of Air Force, Maryland Air National Guard Danger Zone, 
Frog Mortar Creek, Middle River, Maryland

AGENCY: United States Army Corps of Engineers, DoD.

ACTION: Notice of proposed rulemaking and request for comments.

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[[Page 42479]]

SUMMARY: The Corps of Engineers is proposing regulations to establish a 
Danger Zone at Glenn L. Martin State Airport in the waters of Frog 
Mortar Creek located in Middle River, Maryland. These regulations will 
enable the Maryland Air National Guard (MdANG) to ensure the safety of 
watermen and mariners in the vicinity of an existing munitions depot 
located at Glenn L. Martin State Airport adjacent to Frog Mortar Creek. 
The regulations are necessary to protect the watermen and mariners from 
potentially hazardous conditions which may exist as a result of MdANG's 
use of the area.

DATES: Written comments must be submitted on or before September 12, 
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 Mr. Steve 
Elinsky, Corps of Engineers, Baltimore District, Regulatory Branch, at 
(410) 962-4503.

SUPPLEMENTARY INFORMATION: Pursuant to its authorities in Sec. 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 proposes to amend the restricted area regulations in 33 CFR 
part 334 by adding Sec. 334.145 which establishes a danger zone in Frog 
Mortar Creek adjacent to Glenn L. Martin State Airport in Middle River, 
Maryland. The public currently has unrestricted access to the waters of 
Frog Mortar Creek in close proximity to MdANG's munitions depot. To 
better protect watermen and mariners, the MdANG has requested the Corps 
of Engineers establish a Danger Zone that will enable the MdANG to 
implement a zone of safety that is currently not available at the 
facility.

Procedural Requirements

a. Review Under Executive Order 12866

    This proposed 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 (Public Law 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 danger zone would have 
practically no impact on the public, no anticipated navigational hazard 
or interference with existing waterway traffic and accordingly, 
certifies that this proposal if adopted, 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 
danger zone regulations, that this action, if adopted, 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, see paragraph 4 of this 
notice.

d. Unfunded Mandates Act

    This proposed 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.

List of Subjects in 33 CFR Part 334

    Danger Zones, Marine Safety, Restricted Areas, Waterways.

    For the reasons set out in the preamble, the Corps proposes to 
amend 33 CFR 334, as follows:

PART 334--DANGER ZONE AND RESTRICTED AREA REGULATIONS

    1. The authority citation for 33 CFR 334 continues to read as 
follows:

    Authority: 40 Stat. 266 (30 U.S.C. 1) and 40 Stat. 892 (33 
U.S.C. 3).

    2. Section 334.145 is added to read as follows:


Sec. 334.145  Frog Mortar Creek, west side, adjacent to Maryland Air 
National Guard munitions depot located at Glenn L. Martin State 
Airport, Middle River, Maryland; Danger Zone.

    (a) The area. (1) The waters within an area beginning at a point on 
the shore at latitude 39 deg.19'35.8" N, longitude 76 deg.24'28.7" W; 
thence northeasterly to latitude 39 deg.19'36.8" N, longitude 
76 deg.24'26" W; thence northwesterly to latitude 39 deg.19'40.7" N, 
longitude 76 deg.24'29.6" W; thence southwesterly to latitude 
39 deg.19'40.2" N, longitude 76 deg.24'31.5" W; thence southeasterly 
along the shoreline to the point of beginning.
    (b) The regulation. (1) All vessels entering the danger zone shall 
proceed across the area by the most direct route and without 
unnecessary delay.
    (2) No vessel or craft of any size shall lie-to or anchor in the 
danger zone at any time other than a vessel operated by or for the U.S. 
Coast Guard, local, State, or Federal law enforcement agencies.
    (c) Enforcement. The regulation in this section shall be enforced 
by the Commanding Officer, Maryland Air National Guard, and/or persons 
or agencies as he/she may designate.

    Dated: July 30, 2001.
Charles M. Hess,
Chief, Operations Division Directorate of Civil Works.
[FR Doc. 01-20232 Filed 8-10-01; 8:45 am]
BILLING CODE 3710-92-P