[Federal Register Volume 68, Number 193 (Monday, October 6, 2003)]
[Proposed Rules]
[Pages 57642-57643]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-25204]


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DEPARTMENT OF DEFENSE

Department of the Army; Corps of Engineers

33 CFR Part 334


Department of the Air Force, Wisconsin Air National Guard Danger 
Zone Under Restricted Air Space R-6903, Lake Michigan, Sheboygan 
County, WI

AGENCY: United States Army Corps of Engineers, Department of Defense.

ACTION: Proposed rule and request for comments.

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SUMMARY: The Corps of Engineers is proposing an amendment to its 
regulations to designate an existing military exercise area as a Danger 
Zone. The military exercise area is located off the Wisconsin shoreline 
in Lake Michigan from Manitowoc to Port Washington, as shown on 
National Oceanographic and Atmospheric Administration (NOAA) Chart 
14901 (1999). The Danger Zone will only be activated by the Wisconsin 
Air National Guard (WiANG) during military exercises. The Air Guard 
will advise fishermen and mariners in the vicinity when a military 
exercise is scheduled and thus ensure their safety by alerting them of 
temporary, potentially hazardous conditions which may exist as a result 
of the military exercises. There will be no change in the use of the 
existing military exercise area which is currently shown on 
aeronautical charts as restricted air space. The area, however, needs 
to also be marked on navigation charts as a Danger Zone to conform with 
the restricted air space designation to better insure security and 
safety for the public.

DATES: Written comments must be submitted on or before November 5, 
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, Headquarters 
Regulatory Branch, Washington, DC 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 Sec.  334.145 as a Danger Zone in Lake 
Michigan offshore from Manitowoc and Sheboygan Counties in Wisconsin, 
as shown on NOAA Chart 14901 (1999). This is a revision of a similar 
proposal published in the Federal Register on March 11, 2002. This 
revision is being published because the earlier proposal contained 
incomplete information and did not adequately explain the reason for 
the regulation change. As a result, various interested parties 
expressed concerns regarding the change and its impact on boats using 
the area. The area to be designated as a Danger Zone already exists as 
restricted air space R-6903 which is shown on current aeronautical 
charts. This amendment of the regulation will allow WiANG to request 
that the U. S. Coast Guard issue a Notice to Mariners when exercises 
are planned and thus better inform fishermen and mariners of military 
activities in this area. WiANG intends to continue to schedule this 
area for use in a similar manner as it has been used during the past 20 
years. Historical activity includes, but is not limited to, inert air-
to-air and air-to-surface delivery, defensive countermeasures training, 
and sonar buoy drops.

Procedural Requirements

a. Review Under Executive Order 12866

    This proposed rule is issued with respect to a military function of 
the

[[Page 57643]]

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 identification of this area as a 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

    A preliminary draft environmental assessment has been prepared for 
this action. Due to the administrative nature of this action and 
because there is no intended change in the use of the area, the Corps 
expects that this regulation, if adopted, will not have a significant 
impact on the quality of the human environment and therefore 
preparation of an environmental impact statement will not be required. 
The environmental assessment will be finalized after the public notice 
period is closed and all comments have been received and considered. It 
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, 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 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 Danger Zone, Volk Field 
Military Exercise Area, Lake Michigan offshore Manitowoc and Sheboygan 
Counties.

    (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, as shown on NOAA Chart 14901 (1999) and existing 
aeronautical charts.
    (b) The regulation. During specific, infrequent periods when 
military exercises will be conducted, as promulgated in the local 
notice to mariners published by the United States Coast Guard (USCG), 
all vessels entering the Danger Zone are advised to proceed across the 
area by the most direct route and without unnecessary delay. No vessel 
or craft of any size shall lie-to or anchor in the Danger Zone, other 
than a vessel operated by or for the USCG, or any other authorized 
agency.
    (c) Normal use. At all other times, nothing in this section shall 
prohibit any lawful uses of this area.
    (d) 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: September 3, 2003.
Michael B. White,
Chief, Operations Division, Directorate of Civil Works.
[FR Doc. 03-25204 Filed 10-3-03; 8:45 am]
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