[Federal Register Volume 67, Number 47 (Monday, March 11, 2002)]
[Proposed Rules]
[Page 10866]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-5655]



[[Page 10866]]

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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 334


Department of Air Force, Wisconsin Air National Guard Danger 
Zone, R-6903, Lake Michigan, Sheboygan County, Wisconsin

AGENCY: United States Army Corps of Engineers, DoD.

ACTION: Notice of proposed rulemaking and request for comments.

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SUMMARY: The U.S. Corps of Engineers is proposing regulations to 
reestablish a Danger Zone in Lake Michigan offshore from Sheboygan 
County, Wisconsin. These regulations will enable the Wisconsin Air 
National Guard (WiANG) to ensure the safety of fishermen and mariners 
in the vicinity of a live fire exercise area, which is located off the 
Wisconsin shoreline in Lake Michigan from Manitowoc to Port Washington, 
Wisconsin. The regulations are necessary to protect fishermen and 
mariners from potentially hazardous conditions which may exist as a 
result of WiANG's use of the area.

DATES: Written comments must be submitted on or before April 10, 2002.

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, D.C. at (202) 761-4618, or Mr. Howard J. 
Ecklund, Corps of Engineers, St. Paul District, Regulatory Branch, at 
(262) 547-4171.

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 proposes to amend the restricted area regulations 
in 33 CFR part 334 by adding section 334.845 which establishes a danger 
zone in Lake Michigan offshore from Manitowoc and Sheboygan Counties, 
Wisconsin. The public currently has unrestricted access to the waters 
of Lake Michigan in close proximity to WiANG's exercise area. To better 
protect fishermen and mariners, the WiANG has requested the Corps of 
Engineers establish this danger zone that will enable the WiANG to 
continue to use this area to maintain its combat mission readiness.

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 reestablishment 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 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 paragraph above.

d. Unfunded Mandates Act

    This proposed rule does not impose an enforceable duty among the 
private sector and, therefore, it is not a Federal private sector 
mandate and it is not subject to the requirements of either Section 202 
or Section 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, Navigation (water), Restricted areas, 
Waterways.
    For the reasons set out in the preamble, the Corps proposes to 
amend 33 CFR part 334, as follows:

PART 334--DANGER ZONE AND RESTRICTED AREA REGULATIONS

    1. The authority citation for 33 CFR 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 334.845 would be added to read as follows:


Sec. 334.845  Wisconsin Air National Guard, Volk Field military 
exercise area located in Lake Michigan offshore from Manitowoc and 
Sheboygan Counties; Danger Zone.

    (a) The area. The waters within an area beginning at a point at 
latitude 43 deg.19'00" N., longitude 87 deg.41'00" W.; to latitude 
44 deg.05'30" N, longitude 87 deg.29'45" W.; to latitude 44 deg.02'00" 
N., longitude 87 deg.02'30" W.; to latitude 43 deg.15'30" N., longitude 
87 deg.14'00" W.; thence 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, Volk Field, WI and/or persons or agencies as 
he/she may designate.

    Dated: February 26, 2002.
Lawrence A. Lang,
Deputy, Operations Division, Directorate of Civil Works.
[FR Doc. 02-5655 Filed 3-8-02; 8:45 am]
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