United States Marine Corps Restricted Area and Danger Zone, Neuse River and Tributaries, Marine Corps Air Station Cherry Point, NC, 41264-41265 [E8-16454]

Download as PDF 41264 Federal Register / Vol. 73, No. 139 / Friday, July 18, 2008 / Rules and Regulations the west; and the international boundary line on the east (NAD 83). (b) Special Local Regulations. The regulations of § 100.901 apply. No vessel may enter, transit through, or anchor within the regulated area without the permission of the Coast Guard Patrol Commander. (c) Enforcement Period: The last week in July. The exact dates and times for this event will be determined annually. I 10. Add § 100.916 to read as follows: § 100.916 Chris Craft Silver Cup Races, Algonac, MI. (a) Regulated Area. A regulated area is established to include all waters of the St. Clair River, North Channel, Algonac, Michigan, bounded on the north by a line starting at the northern end of Russel Island at position 42°37.0′ N; 082°31.4′ W extending across the channel to Algonac to a point at position 42°37.4′ N; 082°31.5′ W, and bounded on the south by a line starting north of Grande Point Cut on Russel Island at position 42°36.3′ N; 082°32.5′ W extending across the channel to Algonac to a point at position 42°36.5′ N; 082°32.6′ W. (NAD 83). (b) Special Local Regulations. The regulations of § 100.901 apply. No vessel may enter, transit through, or anchor within the regulated area without the permission of the Coast Guard Patrol Commander. (c) Enforcement Period: The third week in August. The exact dates and times for this event will be determined annually. I 11. Add § 100.917 to read as follows: rwilkins on PROD1PC63 with RULES § 100.917 The Old Club Cannonade, Harsens Island, MI. (a) Regulated Area. A regulated area is established to include all waters of Lake St. Clair in an area bound by the coordinates starting at the cannon firing position located at 42°32.5′ N; 082°40.1′ W extending west to the Old Channel Light located at position 42°32.5′ N; 082°41.6′ W angling northeast to position 42°33.5′ N; 082°40.6′ W then angling southeast to the point of origin creating a triangle shaped safety zone. (NAD 83). This area is near the southern end of Harsens Island in Muscamoot Bay. (b) Special Local Regulations. The regulations of § 100.901 apply. No vessel may enter, transit through, or anchor within the regulated area without the permission of the Coast Guard Patrol Commander. (c) Enforcement Period: The third week in October. The exact dates and times for this event will be determined annually. I 12. Add § 100.918 to read as follows: VerDate Aug<31>2005 16:19 Jul 17, 2008 Jkt 214001 § 100.918 MI. Detroit APBA Gold Cup, Detroit, (a) Regulated Area. A regulated area is established to include all waters of the Detroit River, Belle Isle, Michigan, bound on the west by the Belle Isle Bridge (position 42°20′20″ N, 083°00′00″ W to 42°20′24″ N, 083°59′45″ W), and on the east by a north-south line drawn through Waterworks Intake Crib Light (Light List Number 8350; position 42°21′06″ N, 082°58′00″ W) (NAD 83). (b) Special Local Regulations. The regulations of § 100.901 apply. No vessel may enter, transit through, or anchor within the regulated area without the permission of the Coast Guard Patrol Commander. (c) Enforcement Period: The first or second week in June. The exact dates and times for this event will be determined annually. I 13. Add § 100.919 to read as follows: § 100.919 International Bay City River Roar, Bay City, MI. (a) Regulated Area. A regulated area is established to include all waters of the Saginaw River bounded on the north by the Liberty Bridge, located at 43°36.3′ N, 083°53.4′ W, and bounded on the south by the Veterans Memorial Bridge, located at 43°35.8′ N, 083°53.6′ W. (NAD 83). (b) Special Local Regulations. The regulations of § 100.901 apply. No vessel may enter, transit through, or anchor within the regulated area without the permission of the Coast Guard Patrol Commander. (c) Enforcement Period: The third or fourth week in June. The exact dates and times for this event will be determined annually. I 14. Add § 100.920 to read as follows: § 100.920 MI. Tug Across the River, Detroit, (a) Regulated Area. A regulated area is established to include all waters of the Detroit River, Detroit, Michigan, bounded on the south by the International boundary, on the west by 083°03′ W, on the east by 083°02′ W, and on the north by the U.S. shoreline (DATUM: NAD 83). This position is located on the Detroit River in front of Hart Plaza, Detroit, MI. (b) Special Local Regulations. The regulations of § 100.901 apply. No vessel may enter, transit through, or anchor within the regulated area without the permission of the Coast Guard Patrol Commander. (c) Enforcement Period: The third or fourth week in June. The exact dates and times for this event will be determined annually. PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 (d) Vessel operators desiring to enter or operate within the regulated area shall contact the Coast Guard Patrol Commander to obtain permission to do so. Vessel operators given permission to enter or operate in the regulated area must comply with all directions given to them by the Coast Guard Patrol Commander. Dated: July 1, 2008. F.M. Midgette, Captain, U.S. Coast Guard, Captain of the Port Detroit. [FR Doc. E8–16397 Filed 7–17–08; 8:45 am] BILLING CODE 4910–15–P 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 United States Army Corps of Engineers, DoD. ACTION: Final rule. AGENCY: 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. E:\FR\FM\18JYR1.SGM 18JYR1 Federal Register / Vol. 73, No. 139 / Friday, July 18, 2008 / Rules and Regulations Effective date: August 18, 2008. 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. DATES: ADDRESSES: 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. rwilkins on PROD1PC63 with RULES 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, 16:19 Jul 17, 2008 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. I 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 1. The authority citation for part 334 continues to read as follows: I Authority: 40 Stat. 266 (33 U.S.C. 1) and 40 Stat. 892 (33 U.S.C. 3). Procedural Requirements VerDate Aug<31>2005 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. Jkt 214001 I 2. Revise § 334.430 to read as follows: § 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° N, longitude ¥76.853222° W; thence northeasterly across Hancock Creek to latitude 34.925258° N, longitude ¥76.849864° W; continuing northeasterly to latitude 34.933382° N, longitude ¥76.835081° W; thence northwesterly to the Neuse River shoreline at latitude 34.936986° N, longitude ¥76.841197° W, continuing northwesterly to latitude 34.943275° N, longitude ¥76.852169° W; thence PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 41265 southwesterly along the shorelines to latitude 34.935111° N, longitude ¥76.859078° 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] BILLING CODE 3710–92–P POSTAL REGULATORY COMMISSION 39 CFR Part 3020 [Docket No. CP2008–7; Order No. 84] Administrative Practice and Procedure; Postal Service Postal Regulatory Commission. Direct final rule. AGENCY: ACTION: SUMMARY: The Commission is adding the Postal Service’s negotiated agreement with China Post Group to the competitive product list. This action is consistent with changes in a recent law governing postal operations. Republication of the lists of market dominant and competitive products is also consistent with new requirements in the law. E:\FR\FM\18JYR1.SGM 18JYR1

Agencies

[Federal Register Volume 73, Number 139 (Friday, July 18, 2008)]
[Rules and Regulations]
[Pages 41264-41265]
From the Federal Register Online via the Government Printing 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]
BILLING CODE 3710-92-P
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