[Federal Register Volume 69, Number 146 (Friday, July 30, 2004)]
[Rules and Regulations]
[Pages 45591-45592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-17352]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 334


Department of 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: Final rule.

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SUMMARY: The Corps of Engineers is amending its regulations which 
establish a Danger Zone at an existing Military Exercise Area located 
off the Wisconsin shoreline in Lake Michigan from Manitowoc to Port 
Washington, as shown on NOAA Chart 14901 (1999). These regulations will 
enable the Wisconsin Air National Guard (WiANG) to 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.

DATES: Effective Date: August 30, 2004.

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

FOR FURTHER INFORMATION CONTACT: Ms. Joanne M. Barry, Headquarters 
Regulatory Branch, Washington, DC, at (202) 761-7763, or Ms. Maria T. 
Valencia, Corps of Engineers, St. Paul District, Regulatory Branch, at 
(651) 290-5364.

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 in 33 
CFR part 334 by adding Sec.  334.145 which identifies the existing 
danger zone in Lake Michigan offshore from Manitowoc and Sheboygan 
Counties in Wisconsin, as shown on NOAA Chart 14901 (1999). By 
correspondence dated 3 July 2001, the WiANG has requested the Corps of 
Engineers to re-identify this danger zone. The area is located under 
Restricted Air Space R-6903 which is shown on existing aeronautical 
charts. This amendment of the regulation will allow WiANG to request 
that the 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 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 the identification of this 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

    The St. Paul District has prepared an Environmental Assessment (EA) 
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 
has concluded that this regulation will not have a significant impact 
to the quality of the human environment and, therefore, preparation of 
an Environmental Impact Statement is not required. The EA may be 
reviewed at the St. Paul 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, 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.

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 Procedures 
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 amends 33 CFR part 
334, as follows:

PART 334--DANGER ZONE AND RESTRICTED AREA REGULATIONS

0
1. The authority citation for 33 CFR 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).


0
2. Section 334.845 is added to read as follows:

[[Page 45592]]

Sec.  334.845  Wisconsin Air National Guard, Volk Field military 
exercise area located in Lake Michigan offshore from Manitowoc and 
Sheboygan Counties; Danger Zone.

    (a) The area. (1) 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. (1) 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. (2) During 
specific, infrequent periods when Military exercises will be conducted, 
as promulgated in the Local Notice to mariners published by the USCG , 
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 regulation 
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: June 28, 2004.
Michael B. White,
Chief, Operations Division, Directorate of Civil Works.
[FR Doc. 04-17352 Filed 7-29-04; 8:45 am]
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