[Federal Register Volume 70, Number 57 (Friday, March 25, 2005)]
[Rules and Regulations]
[Pages 15228-15229]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-5904]



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DEPARTMENT OF DEFENSE

Department of the Army; Corps of Engineers

33 CFR Part 334


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

AGENCY: U.S. Army Corps of Engineers, DoD.

ACTION: Final rule.

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SUMMARY: The Corps of Engineers is amending its 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 areas 
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 the Yano Multi-purpose Training 
Range. Weapons firing 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: This rule is effective April 25, 2005.

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

FOR FURTHER INFORMATION CONTACT: Mr. David B. Olson, Headquarters 
Regulatory Branch, Washington, DC at (202) 761-4922, 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 is amending the danger zone regulations in 33 CFR 
part 334 by adding Section 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 
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 rule is issued with respect to a military function of the 
Department of Defense 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 establishment of this danger zone would have minimal 
impact on the public, no anticipated navigational hazard or 
interference with existing waterway traffic and therefore certifies 
that this rule would have no significant economic impact on small 
entities.

c. Review Under the National Environmental Policy Act

    The Louisville District has prepared an Environmental Assessment 
(EA) for this action. Due to the minor nature of the additional danger 
zone regulations, the Corps has concluded that this action would not 
have a significant impact to the quality of the human environment, and 
preparation of an Environmental Impact Statement is not required. The 
EA may be reviewed by contacting the District office listed at the end 
of the FOR FURTHER INFORMATION CONTACT section, 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. We have also found under Section 203 of the Act, that 
small governments would 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, Navigation (water), 
Restricted areas, Waterways.

0
For the reasons stated 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 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. Add Sec.  334.855 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 (latitude 37[deg]59'31.72'' 
N; longitude 85[deg]55[min]32.98[sec] 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 (latitude 
37[deg]57[min]51.32[sec] N; longitude 85[deg]45[min]37.14[sec] 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 (latitude 37[deg]49[min]59.27[sec] N; longitude 
85[deg]45[min]37.74[sec] W) located approximately 1.6 miles southwest 
of Lebanon

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Junction, Kentucky northward to its confluence with the Salt River. 
Otter Creek from Point D (latitude 37[deg]51[min]31.77[sec] N; 
longitude 86[deg]00[min]03.79[sec] W) located approximately 3.4 miles 
north of Vine Grove, Kentucky to Point E (latitude 
37[deg]55[min]21.95[sec] N; longitude 86[deg]01[min]47.38[sec] 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: March 16, 2005.
Michael B. White,
Chief, Operations, Directorate of Civil Works.
[FR Doc. 05-5904 Filed 3-24-05; 8:45 am]
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