Pamlico Sound and Adjacent Waters, NC; Danger Zones for Marine Corps Operations, 30023-30024 [2011-12815]
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Federal Register / Vol. 76, No. 100 / Tuesday, May 24, 2011 / Rules and Regulations
until 10 p.m. on July 2, 2011, with a rain
date of 9 p.m. until 10 p.m. on July 3,
2011.
Dated: May 12, 2011.
Mark S. Ogle,
Captain, U.S. Coast Guard, Captain of the
Port Hampton Roads.
[FR Doc. 2011–12677 Filed 5–23–11; 8:45 am]
BILLING CODE 9110–04–P
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
United States Army Corps of
Engineers, DoD.
ACTION: Final rule.
AGENCY:
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 richard.k.spencer@usace.army.mil.
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
[§ 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
[§ 334.420(b)(1)(ii)(iv)] but has
unrestricted access to the remaining
surrounding waters. The current
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SUMMARY:
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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
30023
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
1. The authority citation for 33 CFR
Part 334 continues to read as follows:
■
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.
Authority: 40 Stat. 266 (33 U.S.C. 1) and
40 Stat. 892 (33 U.S.C. 3).
B. Review Under the Regulatory
Flexibility Act
§ 334.420 Pamlico Sound and adjacent
waters, N.C.; danger zones for Marine
Corps operations.
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
*
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Frm 00033
Fmt 4700
Sfmt 4700
2. In § 334.420 add paragraphs
(b)(1)(v) and (b)(2)(iii) to read as follows:
■
*
*
*
*
(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°02′12″,
longitude -76°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
E:\FR\FM\24MYR1.SGM
24MYR1
30024
Federal Register / Vol. 76, No. 100 / Tuesday, May 24, 2011 / Rules and Regulations
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
DEPARTMENT OF DEFENSE
Department of the Army, Corps of
Engineers
33 CFR Part 334
United States Navy Restricted Area,
Menominee River, Marinette Marine
Corporation Shipyard, Marinette, WI
AGENCY:
U.S. Army Corps of Engineers,
DoD.
ACTION:
Final rule.
The U.S. Army Corps of
Engineers is amending its regulations to
establish a restricted area in the waters
of the Menominee River at the Marinette
Marine Corporation Shipyard in
Marinette, Wisconsin. The restricted
area is necessary to provide adequate
protection of U.S. Navy combat vessels,
their materials, equipment to be
installed therein, and crew, while
located at the property of Marinette
Marine Corporation.
DATES: Effective date: June 23, 2011.
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
wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
SUMMARY:
VerDate Mar<15>2010
15:04 May 23, 2011
Jkt 223001
and Regulatory Community of Practice,
Washington, DC at 202–761–4922 or by
e-mail at david.b.olson@usace.army.mil
or Mr. Todd Vesperman, U.S. Army
Corps of Engineers, St. Paul District,
Regulatory Branch, at 202–761–4614 or
by e-mail at
todd.m.vesperman@usace.army.mil.
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 § 334.815 to
establish a restricted area in the waters
of the Menominee River at the Marinette
Marine Corporation Shipyard in
Marinette, Wisconsin. Marinette Marine
Corporation, as shipbuilder of Littoral
Combat Ships, has requested on behalf
of the Department of Navy, that the
restricted area be established to provide
adequate protection of U.S. Navy
combat vessels, their materials,
equipment to be installed therein, and
crew, while located at the property of
Marinette Marine Corporation.
The proposed rule was published in
the November 10, 2010, edition of the
Federal Register (75 FR 69034) with the
docket number COE–2010–0041. No
comments were received. On November
12, 2010, the Corps St. Paul District
issued a local public notice soliciting
comments on the proposed rule from all
known interested parties and no
comments were received. After the
proposed rule was published to solicit
comments, the Department of the Navy
requested that the rule text be changed
so that the restricted area could be
marked with a signed floating buoy line
instead of a signed floating barrier. That
change has been made to the final rule.
SUPPLEMENTARY INFORMATION:
Procedural Requirements
a. Review Under Executive Order
12866. This rule is issued with respect
to a military function of the Department
of Defense and the provisions of
Executive Order 12866 do not apply.
b. Regulatory Flexibility Act, as
Amended by the Small Business
Regulatory Enforcement Fairness Act of
1996, 5 U.S.C. 601 et seq. 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 determined
that the establishment of the new
restricted area would not have a
PO 00000
Frm 00034
Fmt 4700
Sfmt 4700
significant economic 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 (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
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 to read as follows:
PART 334—DANGER ZONE AND
RESTRICTED AREA REGULATIONS
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).
■
2. Add § 334.815 to read as follows:
§ 334.815 Menominee River, at the
Marinette Marine Corporation Shipyard,
Marinette, Wisconsin; Naval Restricted
Area.
(a) The area. The waters 100 feet from
Marinette Marine Corporation’s pier
defined by a rectangular shaped area on
the south side of the river beginning on
shore at the eastern property line of
Marinette Marine Corporation at
latitude 45°5′58.8″ N, longitude
087°36′56.0″ W; thence northerly to
latitude 45°5′59.7″ N, longitude
087°36′55.6″ W; thence westerly to
latitude 45°6′3.2″ N, longitude
087°37′9.6″ W; thence southerly to
latitude 45°6′2.2″ N, longitude
087°37′10.0″ W; thence easterly along
the Marinette Marine Corporation pier
to the point of origin. The restricted area
will be marked by a lighted and signed
floating buoy line.
E:\FR\FM\24MYR1.SGM
24MYR1
Agencies
[Federal Register Volume 76, Number 100 (Tuesday, May 24, 2011)]
[Rules and Regulations]
[Pages 30023-30024]
From the Federal Register Online via the Government Printing 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
richard.k.spencer@usace.army.mil.
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