[Federal Register Volume 76, Number 196 (Tuesday, October 11, 2011)]
[Rules and Regulations]
[Pages 62631-62632]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-26195]
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DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers
33 CFR Part 334
Archers Creek, Ribbon Creek, and Broad River; U.S. Marine Corps
Recruit Depot, Parris Island, SC; Danger Zone
AGENCY: United States Army Corps of Engineers, Department of Defense.
ACTION: Final rule.
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SUMMARY: The U.S. Army Corps of Engineers (Corps) is amending its
regulations by modifying two existing danger zones that are located
adjacent to the rifle range and pistol range at the U.S. Marine Corps
Recruit Depot Parris Island in Beaufort County, South Carolina. The
amendments include reformatting the regulations for clarity, modifying
the boundaries of both danger zones, and modifying the hours of range
operations from 6:30 a.m. to 5 p.m. to 6 a.m. to 5 p.m. Monday through
Friday. These amendments will enhance the ability of the U.S. Marine
Corps to provide for the safe operation of the existing rifle and
pistol ranges.
DATES: Effective date: November 10, 2011.
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 B. Olson, Headquarters,
Operations and Regulatory Community of Practice, Washington, DC at 202-
761-4922 or Mr. Nathaniel I. Ball, U.S. Army Corps of Engineers,
Charleston District, Regulatory Division, at 843-329-8047.
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 regulations at 33 CFR part 334 to
provide for the safe operation of the existing rifle and pistol ranges
at the U.S. Marine Corps Recruit Depot Parris Island. The modifications
to the regulations are described below.
The modifications include reformatting the regulations to describe
the areas, the regulations, and enforcement. This format is consistent
with other danger zone regulations and provides greater clarity. The
boundaries of both danger zones have been modified to incorporate
modern methods of measuring ballistic footprints and design criteria
for range construction. Since these changes to the boundaries of the
areas are relatively minor, the existing live fire warning signs will
continue to be used to ensure safe navigation in the vicinity of the
rifle and pistol ranges.
These regulations allow the Commanding General, U.S. Marine Corps
Recruit Depot Parris Island to restrict passage of persons, vessels and
other watercraft in navigable waters adjacent to the existing rifle
range and pistol range between the hours of 6 a.m. and 5 p.m. Monday
through Friday, and from 6 a.m. to 12 p.m. on Saturdays, National
holidays excepted, and at other times as designated and properly
published by the U.S. Marine Corps Recruit Depot Parris Island. The
public will continue to be able to use these portions of Archers Creek,
Ribbon Creek, and the Broad River when the rifle and pistol ranges are
not in use.
The proposed rule was published in the June 17, 2011, edition of
the Federal Register (76 FR 35379) with the docket number COE-2011-
0010. No comments were received.
Procedural Requirements
a. Review Under Executive Order 12866. This regulation 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 regulation 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 determined that this regulation would have
little or no economic impact on the public nor would it result in any
anticipated navigational hazard or interference with existing waterway
traffic. This regulation 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, this regulation will not have a
significant impact to the quality of the human environment and,
therefore, preparation of an environmental impact statement is not
required. An environmental assessment has been prepared. It may be
reviewed at the district office listed at the end of FOR FURTHER
INFORMATION CONTACT, above.
d. Unfunded Mandates Act. This regulation 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 (Pub. L. 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 regulation.
List of Subjects in 33 CFR Part 334
Danger zones, Navigation (water), Restricted areas, Waterways.
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. 334.480 to read as follows:
Sec. 334.480 Archers Creek, Ribbon Creek, and Broad River; U.S.
Marine Corps Recruit Depot, Parris Island, South Carolina; danger
zones.
(a) The areas. (1) The danger zone on Archers Creek (between the
Broad River and Beaufort River), Ribbon Creek, and the Broad River
shall encompass all navigable waters of the United States, as defined
at 33 CFR part 329, adjacent to the existing rifle range. This area is
bounded by a line connecting the following coordinates: Commencing from
the shoreline at the southernmost portion of the area, at latitude
32[deg]19'59'' N, longitude 80[deg]42'54'' W, thence to a point at
latitude 32[deg]20'05'' N, longitude 80[deg]43'16'' W, thence to a
point at latitude 32[deg]21'40'' N, longitude 80[deg]44'54'' W, thence
to a point at latitude 32[deg]22'20'' N, longitude 80[deg]43'52'' W,
thence to a point on the shoreline at latitude 32[deg]21'34'' N,
longitude 80[deg]42'48'' W, thence follow the mean high water line
southwesterly around Horse Island approximately 2.3 nautical miles to a
point at latitude 32[deg]21'22'' N, longitude 80[deg]42'30'' W, thence
to a point on the shoreline at latitude 32[deg]20'56'' N, longitude
80[deg]41'50'' W, thence follow the mean high water line southwesterly
approximately 2.2 nautical miles to terminate at the southernmost
portion of the area (the starting point).
[[Page 62632]]
(2) The danger zone on the Broad River shall encompass all
navigable waters of the United States, as defined at 33 CFR part 329,
adjacent to the existing pistol range. This area is bounded by a line
connecting the following coordinates: Commencing from the shoreline at
the easternmost portion of the area, at latitude 32[deg]19'36'' N,
longitude 80[deg]42'34'' W, thence to a point at latitude
32[deg]19'23'' N, longitude 80[deg]42'50'' W, thence to a point at
latitude 32[deg]19'06'' N, longitude 80[deg]43'31'' W, thence to a
point at latitude 32[deg]19'28'' N, longitude 80[deg]43'54'' W, thence
to a point at latitude 32[deg]19'59'' N, longitude 80[deg]43'28'' W,
thence to a point on the shoreline at latitude 32[deg]20'10'' N,
longitude 80[deg]43'10'' W, and thence follow the mean high water line
southeasterly approximately 0.75 nautical miles to terminate at the
easternmost portion of the area (the starting point).
(b) The regulations. (1) All persons, vessels, or other watercraft
are prohibited from entering, transiting, anchoring, or drifting within
the danger zones described in paragraph (a) of this section when the
adjacent rifle or pistol ranges on U.S. Marine Corps Recruit Depot
Parris Island are in use.
(2) Firing over these ranges will normally take place between the
hours of 6 a.m. and 5 p.m., Monday through Friday, and from 6 a.m. to
12 p.m. on Saturday, National holidays excepted, and at other times as
designated and properly published by the Commanding General, U.S.
Marine Corps Recruit Depot Parris Island.
(3) Warning signs indicating the periods when the rifle range is in
use will be posted by the entrances to Archers Creek and Ribbon Creek.
In addition, warning signs will be placed along the shoreline on the
Broad River near the upstream and downstream boundaries of both the
rifle range and the pistol range.
(4) Warning flags shall be flown from the top of the lookout tower
and on the rifle range and pistol range during actual firing. In
addition, a sentry lookout will be on duty during actual firing and a
patrol boat will be accessible for clearing the area and warning all
approaching vessels of the danger zone and the schedule of firing.
(5) During storms or similar emergencies these areas shall be
opened to vessels to reach safety without undue delay for the
preservation of life and property.
(c) Enforcement. The regulations in this section shall be enforced
by the Commanding General, U.S. Marine Corps Recruit Depot Parris
Island and/or such persons or agencies as he/she may designate.
Dated: September 29, 2011.
Michael G. Ensch,
Chief, Operations and Regulatory, Directorate of Civil Works.
[FR Doc. 2011-26195 Filed 10-7-11; 8:45 am]
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