[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]
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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.
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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]
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