[Federal Register Volume 68, Number 103 (Thursday, May 29, 2003)]
[Proposed Rules]
[Pages 32006-32007]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-13451]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 334


United States Army Restricted Area, New River, Radford Army 
Ammunitions Plant, Radford, VA

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 to establish a 
restricted area on the New River in the vicinity of the Radford Army 
Ammunitions Plant, Radford, Virginia. The restricted area will enable 
the Commanding Officer to enhance security efforts in response to 
potential terrorist activities. These regulations are necessary to 
safeguard the facility and are part of a comprehensive plan to protect 
the public, environment, and economic interests from sabotage and other 
subversive acts, accidents, or incidents of similar nature.

DATES: Written comments must be submitted on or before June 30, 2003.

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, Corps of Engineers 
Headquarters, Regulatory Branch, Washington, DC at (202) 761-4618, or 
Mr. Rick Henderson, Corps of Engineers, Norfolk District, Regulatory 
Branch, at (757) 441-7653.

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.  334.812 which would establish a 
restricted area in the New River, at the Radford Army Ammunitions 
Plant, Radford, Virginia. The public currently has unrestricted access 
to the facility. The Commanding Officer is seeking authorization from 
the Corps of Engineers to establish a restricted area in waters of the 
United States adjacent to the Ammunitions Plant in Radford, Virginia. 
The District Engineer's preliminary review indicates this request is 
not contrary to the public interest.

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. The Norfolk 
District has concluded, based on the minor nature of the proposed 
restricted area regulation, 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, 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).


[[Page 32007]]


    2. Section 334.812 would be added to read as follows:


Sec.  334. 812  New River, Radford Army Ammunitions Plant, Restricted 
Area, Virginia.

    (a) The area. The waters within an area beginning at ordinary high 
water on the shore at latitude 37[deg]08'59.4'' N, longitude 
076[deg]40'15.5'' W; thence along the shoreline to latitude 
37[deg]08'58.8'' N, longitude 076[deg]40'06'' W; thence across the 
river to latitude 37[deg]09'03.1'' N, longitude 076[deg]39'59.4'' W; 
thence along the shoreline to latitude 37[deg]09'06.9'' N, longitude 
076[deg]39'54.1'' W; thence across the river to the point of origin.
    (b) The regulation. The public shall have unrestricted access and 
use of the waters adjacent to the Radford Ammunition Plant whenever the 
facility is in Force Protection Condition Normal Alpha, or Bravo. 
Whenever the facility is in Force Protection Condition Charlie, all 
vessels and persons that desire access to the waters of the New River 
adjacent to the Radford Ammunition plant must agree/submit to an 
inspection by security personnel to insure they do not pose a threat to 
the facility. No explosives, explosive devices, chemical or biological 
agents, handguns, rifles, shotguns, muzzle loaded guns, or other 
device/devices that would pose a risk to the facility or personnel 
assigned to the facility will be allowed in the waters designated by 
this regulation unless written permission is granted by the Commanding 
Officer, Radford or persons as he/she may delegate this authority to. 
Once a vessel and/or person has been cleared to enter this restricted 
area they will be allowed unrestricted use of the waters. Whenever the 
facility is in Force Protection Delta, the waters, designated in this 
regulation, will be closed to all traffic and use. The Commanding 
Officer may authorize exceptions to this regulation as conditions 
warrant.
    (c) Enforcement. The regulation in this section, promulgated by the 
United States Army Corps of Engineers shall be enforced by the 
Commanding Officer, Radford Ammunitions Plant or persons or agencies as 
he/she may authorize including any Federal Agency, State, Local or 
County Law Enforcement agency, or Private Security Firm in the 
employment of the facility, so long as the entity undertaking to 
enforce this Restricted Area has the legal authority to do so under the 
appropriate Federal, State or Local laws.

    Dated: April 18, 2003.
Lawrence A. Lang,
Acting Chief, Operations Division, Directorate of Civil Works.
[FR Doc. 03-13451 Filed 5-28-03; 8:45 am]
BILLING CODE 3710-84-P