[Federal Register Volume 70, Number 145 (Friday, July 29, 2005)]
[Rules and Regulations]
[Pages 43779-43781]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-15040]


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DEPARTMENT OF DEFENSE

Department of the Army; Corps of Engineers

33 CFR Part 334


United States Marine Corps Restricted Area and Danger Zone, 
Brickyard Creek and tributaries and the Broad River, Marine Corps Air 
Station, Beaufort, SC

AGENCY: United States Army Corps of Engineers, DoD.

ACTION: Final rule.

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SUMMARY: The Corps of Engineers is amending its regulations to 
establish a restricted area and danger zone in Brickyard Creek 
(including a portion of the Atlantic Intracoastal Waterway), Mulligan 
Creek, Albergottie Creek and Salt Creek in the vicinity of the Marine 
Corps Air Station (MCAS) in Beaufort, South Carolina. The MCAS 
restricted area contains six sections that are contiguous to Brickyard, 
Albergottie and Salt Creeks, and two sections that are located on the 
northern border of the MCAS that encompasses Mulligan Creek. In 
addition, these regulations establish a restricted area in the Broad 
River in the vicinity of Laurel Bay Military Family Housing Area, which 
is associated with the Marine Corps Air Station. The purpose of these 
regulations is to provide effective security in the vicinity of the 
Marine Corps Air Station and the Laurel Bay Military Family Housing 
Area.

EFECTIVE DATE: August 29, 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 Olson, U.S. Army Corps of 
Engineers, Headquarters, Washington, DC at 202-761-4922, or Mr. Dean 
Herndon, U.S. Army 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 at 33 
CFR 334 by adding Section 334.475, which would establish a restricted 
area (including eight sections) and one danger zone in the vicinity of 
the Marine Corps Air Station and one restricted area in the vicinity of 
the Laurel Bay Military Family Housing Area in Beaufort, South 
Carolina. The sections of the restricted area are

[[Page 43780]]

described in detail in the regulation in paragraphs (a)(1) through 
(a)(9). The new danger zone is described in paragraph (a)(10). This 
regulation will allow the Commander, Marine Corps Air Station, 
Beaufort, to restrict passage of persons, watercraft, and vessels at 
his or her discretion in interest of National Security until such time 
he or 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 
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 
(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 establishment 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 if adopted, will have no significant 
economic impact on small entities.
    c. Review under the National Environmental Policy Act.
    An environmental assessment has been prepared for this action. We 
have concluded, based on the minor nature of the proposed additional 
restricted area regulations, that this action will not have a 
significant impact to 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 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 will not be significantly and uniquely affected by 
this rulemaking.

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 amends 
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).


0
2. Section 334.475 is added to read as follows:


Sec.  334.475  Brickyard Creek and tributaries and the Broad River at 
Beaufort, SC.

    (a) The areas: (1) That section of the Atlantic Intracoastal 
Waterway (AIWW), beginning at the confluence of the AIWW and 
Albergottie Creek, being that point on the west side of the AIWW 
navigational channel at latitude 32.457226[deg], longitude 
80.687770[deg], thence continuing in a northerly direction along the 
western channel edge of the AIWW to latitude 32.458580[deg], longitude 
80.689181[deg], thence to latitude 32.460413[deg], longitude 
80.689228[deg], thence to latitude 32.461459[deg], longitude 
80.689418[deg], thence to latitude 32.464015[deg], longitude 
80.690294[deg], thence to latitude 32.470255[deg], longitude 
80.690965[deg], thence to latitude 32.471309[deg], longitude 
80.691196[deg], thence to latitude 32.475084[deg], longitude 
80.692455[deg], thence to latitude 32.478161[deg], longitude 
80.691546[deg], thence to latitude 32.479191[deg], longitude 
80.691486[deg], thence to latitude 32.481817[deg], longitude 
80.691939[deg], thence to latitude 32.493001[deg], longitude 
80.689835[deg], thence to latitude 32.494422[deg], longitude 
80.688296[deg], thence to latitude 32.49727[deg], longitude 
80.69172[deg] on the east shore of the Marine Corps Air Station (MCAS), 
at its intersection with the Station's property boundary line, thence 
heading south along the eastern shoreline of the MCAS to a point along 
the northern shoreline of Mulligan Creek at latitude 32.48993[deg], 
longitude 80.69836[deg], thence southwesterly across Mulligan Creek to 
the shoreline of the MCAS, latitude 32.48771[deg], longitude 
80.70424[deg], thence continuing along the eastern shoreline to its 
intersection with Albergottie Creek, latitude 32.45360[deg], longitude 
80.70128, thence continuing along the southern shoreline of the MCAS to 
the intersection of Salt Creek with U.S. Highway 21, latitude 
32.45047[deg], longitude 80.73153[deg], thence back down the southern 
creek edge of Salt and Albergottie Creeks, thence back to the starting 
point at the confluence of Albergottie Creek and the AIWW, latitude 
32.457226[deg], longitude 80.687770[deg]. Note: Situated within the 
boundaries of the area described in paragraph (a)(1) of this section 
are the areas described in paragraphs (a)(2), (a)(3), (a)(4), (a)(5) 
and the danger zone described in paragraph (a)(10) of this section. 
Since additional regulations apply to these sections, they are excluded 
from the area described in paragraph (a)(1) given that they are more 
strictly regulated.
    (2) That portion of Mulligan Creek located on the southern side of 
the MCAS runway, beginning at a point on the eastern shoreline of 
Mulligan Creek at latitude 32.48993[deg], longitude 80.69836[deg], 
thence southwesterly across Mulligan Creek to the shoreline of the 
MCAS, latitude 32.48771[deg], longitude 80.70424[deg], thence 
continuing in a northerly direction along the eastern shoreline of the 
MCAS, thence in a northeasterly direction along the and southern side 
of the MCAS runway, thence back down the eastern shoreline of Mulligan 
Creek to its starting point, latitude 32.48993[deg], longitude 
80.69836[deg].
    (3) That area adjacent to the Atlantic Intracoastal Waterway 
(AIWW), situated within the boundaries of the area described in 
paragraph (a)(1) of this section, beginning at a point on the west side 
of the AIWW navigational channel at latitude 32.463732[deg], longitude 
80.690208[deg], thence continuing in a northerly direction along the 
western channel edge of the AIWW to latitude 32.467999[deg], longitude 
80.690749[deg], thence turning in a westerly direction and continuing 
to latitude 32.467834[deg], longitude 80.700080[deg], on the eastern 
shore of the MCAS, thence heading in a southward direction along the 
shoreline to latitude 32.463692[deg], longitude 80.698440[deg], thence 
turning in a westerly direction and returning back to the starting 
point on the west edge of the AIWW channel, latitude 32.463732[deg], 
longitude 80.690208[deg].
    (4) That area contiguous to Albergottie Creek, situated within the 
boundaries of the area described in paragraph (a)(1) of this section, 
beginning at a point on the southern shoreline of the MCAS at latitude 
32.452376[deg], longitude 80.708263[deg], thence continuing in a 
northerly direction along the shoreline, up to the shoreline adjacent 
to Kimes Avenue and back down the opposite shoreline in a southerly 
direction to a point at latitude 32.450643[deg], longitude 
80.715653[deg], thence turning in a easterly direction and returning 
back to the starting point at latitude 32.452376[deg], longitude 
80.708263[deg].
    (5) That area contiguous to Salt Creek, situated within the 
boundaries of the area described in paragraph (a)(1) of this section, 
beginning at a point on the southern shoreline of the MCAS and the

[[Page 43781]]

edge of Salt Creek at latitude 32.45194[deg], longitude 80.724473[deg], 
thence continuing in a northerly direction along the shoreline of the 
MCAS and continuing on to its intersection again with Salt Creek and 
adjacent to U.S. Highway 21, thence turning and continuing along the 
shoreline of Salt Creek in an easterly direction and returning back to 
the starting point at latitude 32.45194[deg], longitude 80.724473[deg].
    (6) That section of the Atlantic Intracoastal Waterway (AIWW), 
beginning at the confluence of the AIWW and Albergottie Creek, being 
that point on the west side of the AIWW navigational channel at 
latitude 32.457226[deg], longitude 80.687770[deg], thence continuing in 
a northerly direction along the western channel edge of the AIWW to 
latitude 32.458580[deg], longitude 80.689181[deg], thence to latitude 
32.460413[deg], longitude 80.689228[deg], thence to latitude 
32.461459[deg], longitude 80.689418[deg], thence to latitude 
32.464015[deg], longitude 80.690294[deg], thence to latitude 
32.470255[deg], longitude 80.690965[deg], thence to latitude 
32.471309[deg], longitude 80.691196[deg], thence to latitude 
32.475084[deg], longitude 80.692455[deg], thence to latitude 
32.478161[deg], longitude 80.691546[deg], thence to latitude 
32.479191[deg], longitude 80.691486[deg], thence to latitude 
32.481817[deg], longitude 80.691939[deg], thence to latitude 
32.493001[deg], longitude 80.689835[deg], thence to latitude 
32.494422[deg], longitude 80.688296[deg], thence crossing the AIWW 
channel in a southeasterly direction to a point on the east side of the 
AIWW and the marsh edge of bank, latitude 32.49343[deg], longitude 
80.68699[deg], thence southward along the edge of the AIWW and the 
waterward marsh edge of Ladies Island to a point on the west shoreline 
of Pleasant Point Peninsular, latitude 32.45806[deg], longitude 
80.68668[deg], thence back across the AIWW navigational channel to the 
point of beginning, latitude 32.457226[deg], longitude 80.687770[deg].
    (7) That portion of Mulligan Creek, beginning at its northern mouth 
and confluence with McCalleys Creek, latitude 32.50763[deg], longitude 
80.69337[deg], thence proceeding in a westerly direction along the 
northern shoreline of Mulligan Creek to its intersection with 
Perryclear Drive bridge crossing, latitude 32.50534[deg], longitude 
80.69960[deg], thence back down the southern shoreline to its starting 
point at McCalleys Creek, latitude 32.50763[deg], longitude 
80.69337[deg].
    (8) That portion of Mulligan Creek, beginning at the Perryclear 
Drive bridge crossing, latitude 32.50534[deg], longitude 80.69960[deg], 
thence proceeding in a south westerly direction along the northern 
shoreline of Mulligan Creek to the terminus of its western tributary, 
thence back down its southern shoreline to the terminus of its eastern 
terminus located at the northern end on the MCAS runway, latitude 
32.49531[deg], longitude 80.70658[deg], thence back down the southern 
shoreline to its starting point at Perryclear Drive bridge crossing, 
latitude 32.50534[deg], longitude 80.69960[deg].
    (9) (Laurel Bay Military Family Housing Area, Broad River) That 
section of the Broad River, beginning on the western shoreline of 
Laurel Bay Military Family Housing Area boundary line, at latitude 
32.449295[deg], longitude 80.803205[deg], thence proceeding in a 
northerly direction along the shoreline to the housing area northern 
boundary line at latitude 32.471172[deg], longitude 80.809795[deg], 
thence proceeding a distance of 500 feet into the Broad River, latitude 
32.471185[deg], longitude 80.811440[deg], thence proceeding in a 
southerly direction and maintaining a distance of 500 feet from the 
shoreline to latitude 32.449222[deg], longitude 80.804825[deg], thence 
back towards the shoreline to the point of beginning at latitude 
32.449295[deg], longitude 80.803205[deg].
    (10) (Danger zone). That portion of Mulligan Creek located adjacent 
to the MCAS firing range and the restricted area described in paragraph 
(a)(2) of this section, beginning at a point on the western shoreline 
of Mulligan Creek at latitude 32.48771[deg], longitude 80.70424[deg], 
thence northeasterly across Mulligan Creek to the opposite shoreline at 
latitude 32.48993[deg], longitude 80.69836[deg], thence continuing in a 
southeasterly direction to an upland island bordering the northern 
shoreline of Mulligan Creek at latitude 32.48579[deg], longitude 
80.69706[deg], thence turning in a southwesterly direction and crossing 
Mulligan Creek to a point on the eastern shoreline of the MCAS at 
latitude 32.48533[deg], longitude 80.70240[deg], thence continuing 
along the eastern shoreline of the MCAS to its starting point at 
latitude 32.48771[deg], longitude 80.70424[deg].
    (b) The regulation: (1) Unauthorized personnel, vessels and other 
watercraft shall not enter the restricted areas described in paragraphs 
(a)(2), (a)(3), (a)(4), (a)(5) and (a)(8) of this section at any time.
    (2) The public shall have unrestricted access and use of the waters 
described in paragraph (a)(6) of this section whenever the MCAS is in 
Force Protection Condition Normal, Alpha or Bravo. Whenever the 
facility is in Force Protection Condition Charlie or Delta, personnel, 
vessels and other watercraft entering the restricted area described in 
paragraph (a)(6) of this section shall proceed at normal speed and 
shall under no circumstances anchor, fish, loiter or photograph in any 
way until clear of the restricted area.
    (3) The public shall have unrestricted access and use of the waters 
described in paragraphs (a)(1), (a)(7), and (a)(9) of this section 
whenever the MCAS is in Force Protection Condition Normal Alpha or 
Bravo. Whenever the facility is in Force Protection Condition Charlie 
or Delta, personnel, vessels and other watercraft are prohibited from 
entering the waters described in paragraphs (a)(1), (a)(7), and (a)(9) 
of this section, unless they first obtain an escort or other approval 
from the Commander, MCAS, Beaufort, South Carolina.
    (4) Unauthorized personnel, vessels and other watercraft shall not 
enter the danger zone described in paragraph (a)(10) of this section at 
any time.
    (5) All restricted areas and danger zones will be marked with 
suitable warning signs.
    (6) It is understood that none of the restrictions herein will 
apply to properly marked Federal vessels performing official duties.
    (7) It is further understood that unauthorized personnel will not 
take photographs from within the above described restricted areas.
    (c) Enforcement: The regulation in this section, promulgated by the 
United States Army Corps of Engineers, shall be enforced by the 
Commanding Officer, MCAS Beaufort, or persons or agencies as he/she may 
authorize including any Federal Agency, State, Local or County Law 
Enforcement agency, or Private Security Firm in the employment of the 
facility, so long as the entity undertaking to enforce this Restricted 
Area has the legal authority to do so under the appropriate Federal, 
State or local laws.

    Dated: July 22, 2005.
Michael B. White,
Chief, Operations Division, Directorate of Civil Works.
[FR Doc. 05-15040 Filed 7-28-05; 8:45 am]
BILLING CODE 3710-92-P