[Federal Register Volume 67, Number 206 (Thursday, October 24, 2002)]
[Proposed Rules]
[Pages 65331-65332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-26647]


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DEPARTMENT OF DEFENSE

Department of the Army; Corps of Engineers

33 CFR Part 334


United States Navy Restricted Area, Radio Island, Beaufort, NC

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. Army Corps of Engineers is proposing regulations to 
establish a restricted area in the vicinity of Radio Island, Beaufort, 
North Carolina. These regulations will enable the Navy to enhance 
security for Navy property, vessels, and personnel. The

[[Page 65332]]

regulations are necessary to safeguard Navy vessels and United States 
government facilities from sabotage and other subversive acts, 
accidents, or incidents of similar nature. These regulations are also 
necessary to protect the public from potentially hazardous conditions 
which may exist as a result of Navy use of the area.

DATES: Written comments must be submitted on or before November 25, 
2002.

ADDRESSES: Send comments to 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. Scott 
McLendon, Corps of Engineers, Wilmington District, Regulatory Division, 
at (910) 251-4725.

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 Sec.  334.435 which establishes a 
restricted area adjacent to Radio Island, between the Morehead City 
Channel and the Beaufort Channel, Beaufort, North Carolina. The public 
currently has unrestricted access to surrounding waters. To better 
protect vessels and personnel during loading and unloading operations, 
the Commander, Navy Region, Mid-Atlantic has requested the Corps of 
Engineers establish a Restricted Area which will enable the Navy to 
implement a waterside security program 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 (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 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 
restricted area 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, above.

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, 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 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 334.435 is added to read as follows:


Sec.  334. 435  Radio Island, Beaufort, North Carolina, Naval 
Restricted Area.

    (a) The area. Beginning at a point at latitude 34[deg]42'21'' N., 
longitude 76[deg]40'50.4'' W.; thence southwesterly to latitude 
34[deg]42'20.4'' N., longitude 76[deg]40'53.4'' W.; thence 
southeasterly to latitude 34[deg]42'15'' N., longitude 76[deg]40'51.6'' 
W.; thence southeasterly to latitude 34[deg]42'13.6'' N., longitude 
76[deg]40'49.4'' W., thence northeasterly to latitude 34[deg]42'15.6'' 
N., longitude 76[deg]40'41.4'' W.; thence northwesterly to latitude 
34[deg]42'22.8'' N., longitude 76[deg]40'44.4'' W.; thence 
southwesterly to the point of beginning.
    (b) The regulation. During those times when the U.S. Navy is 
conducting loading and unloading operations at the Radio Island Loading 
Ramp, no vessel or persons may enter the Restricted Area unless 
specific authorization is granted by the Commander, Navy Region, Mid-
Atlantic and/or other persons or agencies as he/she may designate.
    (c) Enforcement. The regulation in this section shall be enforced 
by the Commander, Navy Region, Mid-Atlantic, and/or persons or agencies 
as he/she may designate.

    Dated: September 11, 2002.
Michael G. Ensch,
Acting Chief, Operations Division, Directorate of Civil Works.
[FR Doc. 02-26647 Filed 10-23-02; 8:45 am]
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