[Federal Register Volume 73, Number 139 (Friday, July 18, 2008)]
[Rules and Regulations]
[Pages 41264-41265]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-16454]


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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, Neuse 
River and Tributaries, Marine Corps Air Station Cherry Point, NC

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 
designate an existing rifle range fan as a danger zone. The military 
exercise area is located within the Rifle Range of Marine Corps Air 
Station Cherry Point, North Carolina, along the Neuse River. The danger 
zone will only be activated by the Marine Corps Air Station Cherry 
Point during range operational hours. The Marine Corps will advise 
residents in the vicinity of the range fan thus ensuring their safety 
by alerting them to temporary potential hazardous conditions which may 
exist as a result of small arms exercises. There will be no change in 
the use of the existing exercise area. The area will be marked on 
navigation charts to ensure security and safety for the public. Entry 
points into the danger zone will be prominently marked with signage 
indicating the boundary of the danger zone. The placement of aids to 
navigation and regulatory markers will be installed in accordance with 
the requirements of the United States Coast Guard. If the proposed 
signage exceeds nationwide permit and/or regional general permit 
conditions, the Commander, United States Marine Corps, Marine Corps Air 
Station Cherry Point, North Carolina, will seek additional Department 
of the Army authorizations.

[[Page 41265]]


DATES: Effective date: August 18, 2008.

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

FOR FURTHER INFORMATION CONTACT: Mr. David Olson, Headquarters, 
Operations and Regulatory Community of Practice, Washington, DC, at 
(202) 761-4922, Mr. Scott Jones, Corps of Engineers, Wilmington 
District, Regulatory Branch, at (202) 761-7763, or Ms. Tracey Wheeler, 
Corps of Engineers, Wilmington District, Regulatory Branch, at (252) 
975-1616.

SUPPLEMENTARY INFORMATION: In the April 25, 2007, issue of the Federal 
Register (72 FR 20460), the Corps published a proposed rule to 
designate an existing rifle range fan as a danger zone. The proposed 
danger zone is within an existing restricted area that was established 
in 1951 (16 FR 2578) and amended in 1997 (62 FR 17553). In response to 
the April 25, 2007, proposed rule, no comments were received.
    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 
amends 33 CFR 334.430 by adding a danger zone along the Neuse River as 
described below. The regulations governing the existing restricted area 
have not been changed.

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 has determined that the 
establishment of this danger zone will have practically no economic 
impact on the public, result in no anticipated navigational hazard, and 
will not interfere with existing waterway traffic. This rule will have 
no significant economic impact on small entities.

c. Review Under the National Environmental Policy Act

    Due to the administrative nature of this action and because there 
is no intended change in the use of the area, the Corps determined that 
this regulation will not have a significant impact to the quality of 
the human environment and, therefore, preparation of an environmental 
impact statement will not be required. An environmental assessment has 
been prepared. 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 on 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.

List of Subjects in 33 CFR Part 334

    Danger zones, Marine safety, Navigation (water), 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 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. Revise Sec.  334.430 to read as follows:


Sec.  334.430  Neuse River and tributaries at Marine Corps Air Station 
Cherry Point, North Carolina; restricted area and danger zone.

    (a) The restricted area. That portion of Neuse River within 500 
feet of the shore along the reservation of the Marine Corps Air 
Station, Cherry Point, North Carolina, extending from the mouth of 
Hancock Creek to a point approximately 6,800 feet west of the mouth of 
Slocum Creek, and all waters of Hancock and Slocum Creeks and their 
tributaries within the boundaries of the reservation.
    (b) The danger zone. The waters within an area beginning at 
latitude 34.923425[deg] N, longitude -76.853222[deg] W; thence 
northeasterly across Hancock Creek to latitude 34.925258[deg] N, 
longitude -76.849864[deg] W; continuing northeasterly to latitude 
34.933382[deg] N, longitude -76.835081[deg] W; thence northwesterly to 
the Neuse River shoreline at latitude 34.936986[deg] N, longitude -
76.841197[deg] W, continuing northwesterly to latitude 34.943275[deg] 
N, longitude -76.852169[deg] W; thence southwesterly along the 
shorelines to latitude 34.935111[deg] N, longitude -76.859078[deg] W; 
thence southeasterly along Hancock Creek shoreline to the point of 
origin.
    (c) The regulations. (1) Except in cases of extreme emergency, all 
persons or vessels, other than those operated by the United States Navy 
or United States Coast Guard, are prohibited from entering the 
restricted area without prior permission of the enforcing agency.
    (2) Entry points into the danger zone will be prominently marked 
with signage indicating the boundary of the danger zone.
    (3) Firing will take place both day and night at irregular periods 
throughout the year. Appropriate warnings will be issued through 
official government and civilian channels serving the region. Such 
warnings will specify the time and duration of operations and give such 
other pertinent information as may be required in the interest of 
safety. Upon completion of firing or if the scheduled firing is 
cancelled for any reason, the warning signals marking the danger zone 
will be removed.
    (4) Except as otherwise provided in this section the danger zone 
will be open to general public access. Vessels, watercraft, and other 
vehicles may proceed through the danger zone.
    (5) The regulation in this section shall be enforced by the 
Commanding Officer, Marine Corps Air Station Cherry Point, North 
Carolina, and/or persons or agencies as he/she may designate.

    Dated: July 11, 2008.
James R. Hannon, Jr.,
Acting Chief, Operations, Directorate of Civil Works.
 [FR Doc. E8-16454 Filed 7-17-08; 8:45 am]
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