[Federal Register Volume 68, Number 193 (Monday, October 6, 2003)]
[Rules and Regulations]
[Page 57624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-25205]


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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, Department of Defense.

ACTION: Final rule.

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SUMMARY: The Corps of Engineers is amending existing regulations to 
expand the authority of the Commanding Officer, Naval Weapons Station 
Charleston to restrict passage of persons, 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.

EFFECTIVE DATE: 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. 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 is amending the restricted area regulations 
published at 33 CFR 334 by modifying 334.460(b)(6) to expand the 
authority of the Commanding Officer, Naval Weapons Station Charleston 
to restrict the passage of persons, watercraft and vessels within 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) is being amended to include 
restricted area (a)(8) of 334.460. The amended regulation will allow 
the Commanding Officer of the Naval Weapons Station to restrict the 
passage of persons, watercraft, and vessels, at his/her discretion in 
the interest of National Security until such time as he/she determines 
such restrictions may be terminated.

Procedural Requirements

a. Review Under Executive Order 12866

    This 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

    This rule has 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 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 
will have no significant economic impact on small entities.

c. Review Under the National Environmental Policy Act

    The Charleston District has prepared an Environmental Assessment 
(EA) for this action. The District has concluded, based on the minor 
nature of the proposed additional restricted area, that this action 
will not have a significant impact to the quality of the human 
environment, and preparation of an Environmental Impact Statement (EIS) 
is not required. The EA may be reviewed at the Charleston District 
office listed at the end of FOR FURTHER INFORMATION CONTACT above.

d. Unfunded Mandates Act

    This 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. The District has also found under section 203 of the Act, 
that small Governments will not be significantly and uniquely affected 
by this rulemaking.

e. Submission to Congress and the General Accounting Office

    Pursuant to section 801(a)(1)(A) of the Administrative Procedure 
Act, as amended by the Small Business Regulatory Enforcement Fairness 
Act of 1996, the Army has submitted a report containing this Rule to 
the U.S. Senate, the U.S. House of Representatives, and the Comptroller 
General of the General Accounting Office. This rule is not a major rule 
within the meaning of section 804(2) of the Administrative Procedure 
Act, as amended.

List of Subjects in 33 CFR Part 334

    Danger zones, Marine safety, Restricted areas, Waterways.

0
For the reasons set out in the preamble, the Corps of Engineers is 
amending 33 CFR part 334 as follows:

PART 334--DANGER ZONES AND RESTRICTED AREA REGULATIONS

0
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).


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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: September 16, 2003.
Lawrence A. Lang,
Deputy Chief, Operations Division, Directorate of Civil Works.
[FR Doc. 03-25205 Filed 10-3-03; 8:45 am]
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