[Federal Register Volume 82, Number 204 (Tuesday, October 24, 2017)]
[Rules and Regulations]
[Pages 49113-49114]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23004]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 334

[COE-2016-0014]


United States Navy Danger Zone, East Pearl River, Within the 
Acoustic Buffer Area of the John C. Stennis Space Center, and Adjacent 
to Lands, in Hancock County, Mississippi

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

ACTION: Final rule.

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SUMMARY: The U.S. Army Corps of Engineers published a document in the 
Federal Register on December 14, 2016, proposing to revise its 
regulations to establish a danger zone in the East Pearl River within 
the acoustic buffer of NASA's John C. Stennis Space Center on the East 
Pearl River, in Hancock County, Mississippi. The Navy requested 
establishment of a danger zone on waterways and tributaries of the East 
Pearl River that are used by Naval Special Warfare units to conduct 
riverine training exercises. The purpose of the danger zone is to 
ensure public safety by restricting access within the danger zone 
during training events.

DATES: Effective date: November 24, 2017.

ADDRESSES: Headquarters, U.S. Army Corps of Engineers, Operations and 
Regulatory Community of Practice, 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 or by email at [email protected] or Ms. Kristi 
Hall, U.S. Army Corps of Engineers, Vicksburg District, Regulatory 
Branch, at 601-631-7529 or by email at [email protected].

SUPPLEMENTARY INFORMATION: Pursuant to its authorities under Section 7 
of the Rivers and Harbors Act of 1917 (40 State 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 restricted area regulations at 33 CFR 
part 334 by adding Sec.  334.784 to establish a danger zone along the 
East Pearl River. The amendment to this regulation will allow the 
Commanding Officer of Naval Construction Battalion Center, Gulfport, 
Mississippi (or his/her designee) to restrict passage of persons, 
watercraft, and vessels in the waters within the danger zone during 
Department of Defense training for conducting coastal and riverine 
special operations in support of global military missions. This area is 
referred to as a danger zone due to the use of short-range training 
ammunition within riverine areas.
    The proposed rule was published in the December 14, 2016 edition of 
the Federal Register (81 FR 90292) with the docket number COE-2016-0014 
and one comment was received. The commenter requested additional 
information on frequency or likely frequency of the utilization of the 
danger zone and suggested the description of the danger zone implied 
some portion of the river would be open for boat traffic during 
training exercises. The training has been occurring within the proposed 
danger zone since 2004 and the formal establishment of the zone would 
not increase or decrease the frequency of training, change the type of 
training, or expand training. A vessel that needs to transit the danger 
zone when it is activated may do so if the operator of the vessel 
obtains permission from the Commanding Officer, Naval Construction 
Battalion Center, Gulfport or his or her designees. Furthermore, the 
description of the danger zone has been modified to omit reference to 
``left descending bank'' to avoid confusion.
    On December 14, 2016, the Corps' Vicksburg District issued a public 
notice soliciting comments on the proposed rule from all known 
interested parties and one comment was received. The commenter 
requested training be limited during posted hunting seasons. The 
establishment of the danger zone is for the purpose of public safety 
and to preserve current military training vital to ensuring combat 
ready forces, so training cannot be limited during posted hunting 
seasons.

Procedural Requirements

a. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    The Corps has made a determination this rule is not a significant 
regulatory action. This regulatory action determination is based on the 
size, duration, and location of the danger zone. The danger zone 
occupies a small portion of the waterway and will only be activated 
during naval training exercises. A vessel that needs to transit the 
danger zone when it is activated may do so if the operator of the 
vessel obtains permission from the Commanding Officer, Naval 
Construction Battalion Center, Gulfport or his or her designees.

b. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider

[[Page 49114]]

the potential impact of regulations on small entities during 
rulemaking. The term ``small entities'' comprises small businesses, 
not-for-profit organizations that are independently owned and operated 
and are not dominant in their fields, and governmental jurisdictions 
with populations of less than 50,000.
    The Corps certifies under 5 U.S.C. 605(b) that this rule would not 
have a significant economic impact on a substantial number of small 
entities. While some owners or operators of vessels that intend to 
transit the danger zone may be small entities, for the reasons stated 
in paragraph (a) above this rule would not have a significant economic 
impact on any vessel owner or operator. In addition, the danger zone is 
necessary to protect public safety during training exercises. Small 
entities can utilize navigable waters outside of the danger zone when 
the danger zone is activated. Small entities may also transit the 
danger zone when it is activated, as long as they obtain permission 
from the Commanding Officer, Naval Construction Battalion Center, 
Gulfport or his/her designees. After considering the economic impacts 
of this danger zone regulation on small entities, I certify that this 
action will not have a significant impact on a substantial number of 
small entities.

c. Review Under the National Environmental Policy Act

    An environmental assessment (EA) has been prepared. We have 
concluded that the establishment of the restricted area 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 final EA and Finding of No Significant Impact may be 
reviewed at the District Office listed at the end of the FOR FURTHER 
INFORMATION CONTACT section, above.

d. Unfunded Mandates Reform 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 Reform Act (Public Laws 104-4, 109 Stat. 48, 2 U.S.C. 1501 et 
seq.). We have also found, under Section 203 of the Act, that small 
governments will not be significantly or uniquely affected by this 
rule.

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 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. Add Sec.  334.784 to read as follows:


Sec.  334.784  East Pearl River, within the acoustic buffer area of the 
John C. Stennis Space Center, and adjacent to lands, in Hancock County, 
Mississippi; danger zone.

    (a) The area. A danger zone is established in and to the extent of 
waters of the United States, as defined in 33 CFR part 329, in the 
following reaches of the East Pearl River south of a point located at 
latitude 30.4030[deg] N., longitude -89.6815[deg] W., to a point below 
the confluence of Mikes River, located at latitude 30.3561[deg] N., 
longitude -89.6514[deg] W. The datum for these coordinates is NAD 1983.
    (b) The regulation. (1) No person, vessel, or other watercraft, 
other than a vessel owned and operated by the United States, shall 
enter or remain in the danger zone, or within a portion or portions 
thereof, when closed to public access, as provided in paragraph (b)(2) 
of this section, except by permission of the Commanding Officer, Naval 
Construction Battalion Center, Gulfport or such other person(s) as he 
or she may designate.
    (2) The danger zone, or a portion or portions thereof, will be 
closed, for riverine, weapons, or other dangerous naval training, by 
placement of Government picket boats at the northern and southern 
boundaries in the East Pearl River, or at such other location(s) within 
the danger zone as may be determined to be sufficient to protect the 
public. Prior to closure, picket boats will transit the area(s) to be 
closed, to ensure that no persons, vessels, or other watercraft are 
present. Once the danger zone, or location(s) within the danger zone, 
has been cleared, picket boats will remain in position, upstream and 
downstream, until it is safe to re-open the area(s) to public access.
    (3) Riverine, weapons, and other dangerous naval training may occur 
on any day of the week, typically, but not exclusively, in periods of 
two to eight hours, between 6 a.m. and 6 p.m. Training may occur at 
night, in darkness.
    (c) Enforcement. The restrictions on public access in this section 
shall be enforced by the Commanding Officer, Naval Construction 
Battalion Center, Gulfport or by such other person(s) as he or she may 
designate.

    Dated: October 18, 2017.
Thomas P. Smith,
Chief, Operations and Regulatory Division, Directorate of Civil Works.
[FR Doc. 2017-23004 Filed 10-23-17; 8:45 am]
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