[Federal Register Volume 69, Number 143 (Tuesday, July 27, 2004)]
[Proposed Rules]
[Pages 44613-44614]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-16922]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 334

RIN 0710-AA58


United States Army Danger Zone; Salt River, Rolling Fork River, 
and Otter Creek; U.S. Army Garrison, Fort Knox Military Reservation; 
Fort Knox, Kentucky

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

ACTION: Notice of proposed rulemaking and request for comments.

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SUMMARY: The Corps of Engineers is proposing regulations to establish a 
danger zone on navigable portions of the Salt River and the Rolling 
Fork River and the non-navigable portions of Otter Creek, within the 
installation boundaries of the Fort Knox Military Reservation. These 
regulations will enable the Army to prohibit public access to the area 
and enhance safety and security within active military impact and 
training areas. The Salt River passes through an active military area. 
Unexploded ordnance (UXO) from military weapons firing is located 
within the area along the river and a multi-purpose digital training 
range is under construction in this area. The Salt River is also used 
for river training activities. Training and military weapons firing 
activities occur approximately 320 days per year in this area. The 
Rolling Fork River passes through the center of theYano Multi-purpose 
Training Range. Weapons firing

[[Page 44614]]

from artillery, M1A2 Abrams Tanks, Bradley Fighting Vehicles, 
helicopters, and other weapons systems occur approximately 320 days of 
each year. Otter Creek runs through the installation. Otter Creek 
travels through Training Areas 8, 9 and 10. These areas are used to 
train soldiers for combat operation training on M1A2 Abrams Tanks and 
Bradley Fighting Vehicles. Artillery simulators and other explosive 
devices are used for these training activities, presenting a risk to 
civilians entering the area. These regulations are necessary to protect 
the public from potentially hazardous conditions that may exist as a 
result of Army use and security of the area. The regulations will also 
safeguard government personnel and property from sabotage and other 
subversive acts, accidents, or incidents of similar nature.

DATES: Written comments must be submitted on or before August 26, 2004.

ADDRESSES: U.S. Army Corps of Engineers, ATTN: CECW-CO, 441 G Street, 
NW., Washington, DC 20314-1000.

FOR FURTHER INFORMATION CONTACT: Mr. Alan Miller, Headquarters 
Regulatory Branch, Washington, DC at (202) 761-7763, or Ms. Amy S. 
Babey, Corps of Engineers, Louisville District, at (502) 315-6691.

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 danger zone regulations in 33 
CFR part 334 by adding Sec.  334.855 which establishes a danger zone in 
the navigable portions of Salt River and Rolling Fork River, and non-
navigable portions of Otter Creek within the Ft. Knox Military 
Reservation installation boundaries. To better protect the Army 
personnel stationed at the facility and the general public, the Army 
has requested the Corps of Engineers establish a Danger Zone. This 
would enable the Army to keep persons and vessels out of the area at 
all times, except with the permission of the Commanding General, U.S. 
Army Garrison, Ft. Knox Military Reservation, Fort Knox, Kentucky, or 
his/her authorized representative.

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 danger zone would have 
minimal impact on the public, no anticipated navigational hazard or 
interference with existing waterway traffic and accordingly, certifies 
that this proposal if adopted, would have no significant economic 
impact on small entities.
    c. Review under the National Environmental Policy Act.
    A preliminary environmental assessment has been prepared for this 
action. The District expects, due to the minor nature of the proposed 
additional restricted area regulations, that this action, if adopted, 
would not have a significant impact on 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 would not be significantly and uniquely affected 
by this rulemaking.

List of Subjects in 33 CFR Part 334

    Danger zones, Marine safety, Restricted areas, 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 334.855 would be added to read as follows:


Sec.  334.855  Salt River, Rolling Fork River, Otter Creek; U.S. Army 
Garrison, Fort Knox Military Reservation; Fort Knox, Kentucky; Danger 
Zone.

    (a) The area. Salt River from Point A (37[deg]59'31.72''N; 
85[deg]55'32.98''W) located approximately 1.2 miles southeast of West 
Point, Kentucky; southward to its confluence with the Rolling Fork 
River. Salt River from Point B (37[deg]57'51.32''N; 85[deg]45'37.14''W) 
located approximately 2.8 miles southwest of Shepherdsville, Kentucky; 
southward to its confluence with the Rolling Fork River. Rolling Fork 
River from Point C (37[deg]49'59.27''N; 85[deg]45'37.74''W) located 
approximately 1.6 miles southwest of Lebanon Junction, Kentucky 
northward to its confluence with the Salt River. Otter Creek from Point 
D (37[deg]51'31.77''N; 86[deg]00'03.79''W) located approximately 3.4 
miles north of Vine Grove, Kentucky to Point E (37[deg]55'21.95''N; 
86[deg]01'47.38''W) located approximately 2.3 miles southwest of 
Muldraugh.
    (b) The regulation. All persons, swimmers, vessels and other craft, 
except those vessels under the supervision or contract to local 
military or Army authority, vessels of the United States Coast Guard, 
and federal, local or state law enforcement vessels, are prohibited 
from entering the danger zones without permission from the Commanding 
General, U.S. Army Garrison, Fort Knox Military Reservation, Fort Knox, 
Kentucky or his/her authorized representative.
    (c) Enforcement. The regulation in this section, promulgated by the 
United States Army Corps of Engineers, shall be enforced by the 
Commanding General, U.S. Army Garrison, Fort Knox Military Reservation, 
Fort Knox, Kentucky and/or other persons or agencies as he/she may 
designate.

    Dated: July 19, 2004.
Michael B. White,
Chief, Operations, Directorate of Civil Works.
[FR Doc. 04-16922 Filed 7-26-04; 8:45 am]
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