[Federal Register Volume 67, Number 248 (Thursday, December 26, 2002)]
[Proposed Rules]
[Page 78912]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-32458]



[[Page 78911]]

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Part III





Department of Defense





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Department of the Army, Corps of Engineers



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33 CFR Part 334



United States Navy Restricted Area, Cooper River and Tributaries, Naval 
Weapons Station Charleston, Charleston, SC; Proposed Rule

  Federal Register / Vol. 67 , No. 248 / Thursday, December 26, 2002 / 
Proposed Rules  

[[Page 78912]]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 334


United States Navy Restricted Area, Cooper River and Tributaries, 
Naval Weapons Station Charleston, Charleston, SC

AGENCY: United States Army Corps of Engineers, DoD.

ACTION: Notice of proposed rulemaking and request for comments.

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SUMMARY: The Corps of Engineers is proposing to amend existing 
regulations to expand the authority of the Commander, Naval Weapons 
Station Charleston, to restrict passage of watercraft and vessels 
within currently designated restricted areas in the Cooper River and 
its tributaries in the vicinity of the Naval Weapons Station in 
Charleston, South Carolina. The purpose of the proposed change is to 
provide effective security in the area of the Naval Weapons Station.

DATES: Written comments must be received on or before January 27, 2003.

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. Nathaniel 
Ball, Corps of Engineers, Charleston District, at (843) 329-8044.

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 modify restricted area regulations in 
33 CFR 334.460(b)(6) to expand the authority to restrict the passage of 
watercraft and vessels within one of the currently designated 
restricted areas in the Cooper River and its tributaries in the 
vicinity of the Naval Weapons Station in Charleston, South Carolina. 
The boundaries of restricted areas and danger zones identified in 33 
CFR 334.460(a) are unchanged. The regulation at 33 CFR 334.460(b)(6) 
would be modified to include restricted area (a)(8) of section 334.460. 
The new regulation will allow this area to be closed in the interest of 
national security at the discretion of the Commanding Officer of the 
Naval Weapons Station, until such time as he/she determines such 
restrictions may be terminated.

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 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, Marine safety, Restricted areas, Waterways.

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

PART 334--DANGER ZONES 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. Amend Sec. 334.460 by revising paragraph (b)(6) to read as 
follows:


Sec.  334.460  Cooper River and tributaries at Charleston, SC.

* * * * *
    (b) * * *
    (6) In the interest of National Security, Commanding Officer, U.S. 
Naval Weapons Station, Charleston, SC may, at his/her discretion, 
restrict passage of persons, watercraft, and vessels in the areas 
described in paragraphs (a)(7), (a)(8), and (a)(11) of this section 
until such time as he/she determines such restriction may be 
terminated.
* * * * *

    Dated: December 17, 2002.
Lawrence A. Lang,
Acting Chief, Operations Division, Directorate of Civil Works.
[FR Doc. 02-32458 Filed 12-24-02; 8:45 am]
BILLING CODE 3710-92-P