[Federal Register Volume 76, Number 100 (Tuesday, May 24, 2011)]
[Rules and Regulations]
[Pages 30023-30024]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-12815]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Corps of Engineers, Department of the Army

33 CFR Part 334


Pamlico Sound and Adjacent Waters, NC; Danger Zones for Marine 
Corps Operations

AGENCY: United States Army Corps of Engineers, DoD.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The U.S. Army Corps of Engineers is amending its regulations 
to establish a new danger zone. This danger zone will enable the Marine 
Corps to control access and movement of persons, vessels and objects 
within the danger zone during live fire training exercises. The 
amendment is necessary to protect the public from potentially hazardous 
conditions which may exist as a result of use of the area by the United 
States Marine Corps.

DATES: Effective date: June 23, 2011.

FOR FURTHER INFORMATION CONTACT: Mr. David Olson, Headquarters, 
Operations and Regulatory Community of Practice, Washington, DC at 202-
761-4922, or Mr. Richard Spencer, Wilmington District, Corps of 
Engineers, Regulatory Division, at (910) 251-4172 or by e-mail at 
[email protected].

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 at 33 CFR 
part 334 by adding 334.420 (b)(1)(v) which establishes an Intermittent 
Danger Zone abutting the existing 1.8 mile Danger Zone [Sec.  
334.420(b)(1)(i)] in the Pamlico Sound and adjacent waters, Carteret 
County, North Carolina. The public is currently restricted from access 
to the existing 1.8 mile radius circular area and has limited access to 
three additional 0.5 mile radius circular danger zones [Sec.  
334.420(b)(1)(ii)(iv)] but has unrestricted access to the remaining 
surrounding waters. The current military training mission requires 
enhanced public safety and protection of vessels that operate in the 
vicinity of the Bombing Target-11 range. This danger zone in the 
Pamlico Sound abuts the existing 1.8 mile radius danger zone and 
extends out to 2.5 miles from the common center point. Establishment of 
this additional danger zone will allow the Marine Corps to minimize the 
public safety hazard resulting from the increased use of .50 Caliber 
weapons firing from rotary-wing aircraft and small boats during 
training exercises at Bombing Target-11 Range.
    The proposed rule was published in the October 22, 2010, issue of 
the Federal Register (75 FR 65278) with the docket number COE-2010-0037 
and one comment was received. The commenter expressed concerns over the 
loss of access to fishing areas as a result of the intermittent danger 
zone. The Marine Corps changed the number of consecutive days of 
operations per month from seven to five as a result of comments 
received during their National Environmental Policy Act process and 
public outreach. This modification was designed to minimize the impact 
on the public while allowing the Marine Corps to provide appropriate 
training for our service personnel as is required by law. The 
intermittent expansion of the prohibited area would be implemented 
between 4 p.m. to 11 p.m., for a maximum of five consecutive weekdays 
(no weekends) per month, from February through November. The additional 
3,360-acre water area would be temporarily removed from public use a 
maximum of 50 seven-hour periods per year.

Procedural Requirements

A. Review Under Executive Order 12866

    This final 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 final 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 economic impact of the amendment 
to this danger zone does not have an effect on the public, does not 
result in a navigational hazard, or interfere with existing waterway 
traffic. Therefore, this final rule does not have a 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 the 
amendment does not have a significant impact on the quality of the 
human environment and, therefore, preparation of an environmental 
impact statement is not required. An environmental assessment was 
prepared after the public notice period closed. The environmental 
assessment may be reviewed at the District office listed at the end of 
the FOR FURTHER INFORMATION CONTACT section, above.

D. Unfunded Mandates Act

    This final 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.

List of Subjects in 33 CFR Part 334

    Danger zones, Marine safety, Navigation (water), Restricted areas, 
Waterways.

    For the reasons stated in the preamble, the Corps is amending 33 
CFR part 334 to read 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. In Sec.  334.420 add paragraphs (b)(1)(v) and (b)(2)(iii) to read as 
follows:


Sec.  334.420  Pamlico Sound and adjacent waters, N.C.; danger zones 
for Marine Corps operations.

* * * * *
    (b) * * *
    (1) * * *
    (v) The waters within a circular band with an inner radius of 1.8 
statute miles and an outer radius of 2.5 statute miles having its 
center at latitude 35[deg]02'12'', longitude -76[deg]28'00''.
    (2) * * *
    (iii) The areas described in paragraph (b)(1)(v) of this section 
shall be used as a strafing area. Practice and dummy ammunition will be 
used. Operations will be conducted on five consecutive

[[Page 30024]]

days (Monday through Friday) per month during the months of February 
through November between the hours of 4 p.m. to 11 p.m. The block 
training dates will be scheduled two weeks in advance of the actual 
training start date. Marine Corps Air Station Cherry Point will have a 
call-in number for public use to provide information on the current use 
of the training area. The Notification to Mariners System will also be 
utilized to inform the public on the status of the training area. No 
vessel or person shall enter the area during the scheduled block 
training session except for such vessels as may be directed by the 
enforcing agency to enter on assigned duties. The area will be 
patrolled and vessels ``buzzed'' by the patrol plane prior to the 
conduct of operations in the area. Vessels or personnel which have 
inadvertently entered the danger zone shall leave the area immediately 
upon being so warned.
* * * * *

    Dated: May 17, 2011.
Michael G. Ensch,
Chief, Operations and Regulatory Directorate of Civil Works.
[FR Doc. 2011-12815 Filed 5-23-11; 8:45 am]
BILLING CODE 3720-58-P