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, 90292-90294 [2016-30013]
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Federal Register / Vol. 81, No. 240 / Wednesday, December 14, 2016 / Proposed Rules
BILLING CODE 5001–03–C
§ 516.11 Witnesses before foreign
tribunals.
(a) Referral to the SJA. Requests or
subpoenas from a foreign government or
tribunal for present DA personnel
stationed or employed within that
country to be interviewed or to appear
as witnesses will be forwarded to the
SJA of the command exercising general
court-martial jurisdiction over the unit
to which the individual is assigned,
attached, or employed. The SJA will
determine the following:
(1) Whether a consideration listed in
§§ 516.3 (a)(1)–(7) above applies.
(2) Whether the information requested
is releasable under the principles
established in this subpart.
(3) Whether the approval of the
American Embassy should be obtained
because the person is attached to the
Embassy staff or a question of
diplomatic immunity may be involved.
(4) Whether coordination with OTJAG
International Law office is necessary to
respond to the request.
(b) United States has an interest in the
litigation. If the SJA determines that the
United States has an interest in the
litigation, the commander may
authorize the interview or order the
individual’s attendance in a temporary
duty status. The United States will be
deemed to have an interest in the
litigation if it is bound by treaty or other
international agreement to ensure the
attendance of such personnel.
(c) United States has no interest in the
litigation. If the SJA determines that the
United States does not have an interest
in the litigation, the commander may
authorize the interview or the
appearance of the witness under the
principles established in § 516.8.
(d) Witnesses located outside the
requestor’s country. If the requested
witness is stationed in a country other
than the requestor’s, the matter will be
referred to the General Litigation
Branch, Litigation Division.
sradovich on DSK3GMQ082PROD with PROPOSALS
§ 516.12
Fees and expenses.
(a) Fees and charges. DA personnel
who respond to requests for official
information may collect fees from the
requestor for the direct costs of the
search, duplication, and review of
responsive information pursuant to the
authority granted in 31 U.S.C. 9701 and
according to the fee schedule and
processing guidance outlined in DOD
Instruction 7000.14, DOD Financial
Management Policy and Procedures,
Volume 11, Chapter 4 of DOD 7000.14–
R, Financial Management Regulation,
OMB Circular A–25 ‘‘User Charges’’,
and 32 CFR 204 ‘‘User Fees.’’
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(b) Fee estimate. When a requestor is
assessed fees for processing a request,
the responding office must provide an
estimate of assessable fees if requested.
(c) Requestor. Requestors should
indicate a willingness to pay fees
associated with the processing of their
request before the responding office
begins processing the request for official
information. No work on a request for
official information should begin if: A
requestor is unwilling to pay fees
associated with a request; the requestor
is past due in the payment of fees from
a previous request for official
information; or the requestor disagrees
with the fee estimate. If fees are
assessed, responding offices should
receive payment before releasing the
documents.
(d) Computation of fees. The
Schedule of Fees and Rates in 32 CFR
204.9 will be used to compute the direct
costs of the search, review, and
duplication associated with processing a
given request for official information.
Fees should reflect direct costs (i.e.,
expenditures actually incurred) for
search, review, and duplication of
responsive documents. DA Personnel
will ensure that no fee is assessed for
the benefits listed in 32 CFR 204.8 or
where otherwise prohibited.
(e) Search. The term ‘‘search’’
includes all time spent looking, both
manually and electronically, for
material that is responsive to a request.
Search also includes a page-by-page or
line-by-line identification (if necessary)
of material in the record to determine if
it, or portions thereof are responsive to
the request. Responding offices should
ensure that searches are done in the
most efficient and least expensive
manner so as to minimize costs for both
the responding office and the requestor.
(f) Review. The term ‘‘review’’ refers
to the process of examining documents
located in response to a request for
official information to determine
whether release is appropriate under
this subpart. It also includes processing
the documents for disclosure, such as
redaction prior to release. Review does
not include the time spent resolving
general legal or policy issues regarding
the release determination.
(g) Duplication. The term
‘‘duplication’’ refers to the process of
making a copy of a document in
response to a request for official
information. For duplication of
electronic information for delivery in an
electronic format, the actual cost,
including the operator’s time, will be
charged, but not a ‘‘per page’’ charge
unless hardcopy documents were
duplicated and handled in order to
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reduce them to an electronic format for
delivery.
(h) Release of records of other
agencies. An individual requesting
records originating in agencies outside
DA (e.g., FBI reports, local police
reports, civilian hospital records) that
are also included in Army records
should be advised to direct his or her
inquiry to the originating agency.
Nevertheless, referring requesters to
other agencies does not absolve DA
personnel of the requirements to
respond to court orders or subpoenas.
§ 516.13
News media and other inquiries.
News media inquiries regarding
litigation or potential litigation will be
referred to the appropriate public affairs
office. DA personnel will not comment
on any matter currently or potentially in
litigation without proper clearance.
Local public affairs officers will refer
press inquiries to HQDA (SAPA–OSR),
WASHINGTON, DC 20310–1500, with
appropriate recommendations for
review and approval by the Office of the
Chief of Public Affairs. All releases of
information regarding actual or
potential litigation will be coordinated
with Litigation Division prior to release.
Normally, DOJ is responsible for
responding to media inquiries regarding
cases in federal litigation.
For the Judge Advocate General.
Francis P. King,
Colonel, Judge Advocate, Executive Officer.
[FR Doc. 2016–29835 Filed 12–13–16; 8:45 am]
BILLING CODE 5001–03–P
DEPARTMENT OF DEFENSE
Department of the Army, Corps of
Engineers
33 CFR Part 334
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
AGENCY:
U.S. Army Corps of Engineers,
DoD.
Notice of proposed rulemaking
and request for comments.
ACTION:
The U.S. Army Corps of
Engineers (Corps) is proposing to revise
the existing regulations for a danger
zone at the Naval Special Warfare
Center (NSWC) N31 Branch within the
acoustic buffer of the 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
SUMMARY:
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Federal Register / Vol. 81, No. 240 / Wednesday, December 14, 2016 / Proposed Rules
East Pearl that are used by Naval Special
Warfare units to conduct riverine
training. The purpose of the proposed
danger zone is to ensure public safety by
restricting access within the danger
zone during training events. This
amendment to the existing regulation is
necessary to minimizing potential
conflicts between local populace
activities and ongoing military training
in the subject area.
DATES: Written comments must be
submitted on or before January 13, 2017.
ADDRESSES: You may submit comments,
identified by docket number COE–
2016–0014, by any of the following
methods:
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Email: david.b.olson@usace.army.mil.
Include the docket number, COE–2016–
0014, in the subject line of the message.
Mail: U.S. Army Corps of Engineers,
Attn: CECW–CO (David B. Olson), 441
G Street NW., Washington, DC 20314–
1000.
Hand Delivery/Courier: Due to
security requirements, we cannot
receive comments by hand delivery or
courier.
Instructions: Direct your comments to
docket number COE–2016–0014. All
comments received will be included in
the public docket without change and
may be made available on-line at https://
www.regulations.gov, including any
personal information provided, unless
the commenter indicates that the
comment includes information claimed
to be Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute. Do
not submit information that you
consider to be CBI, or otherwise
protected, through regulations.gov or
email. The regulations.gov Web site is
an anonymous access system, which
means we will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an email directly to the
Corps without going through
regulations.gov, your email address will
be automatically captured and included
as part of the comment that is placed in
the public docket and made available on
the Internet. If you submit an electronic
comment, we recommend that you
include your name and other contact
information in the body of your
comment and with any disk or CD–ROM
you submit. If we cannot read your
comment because of technical
difficulties and cannot contact you for
clarification, we may not be able to
consider your comment. Electronic
comments should avoid the use of any
VerDate Sep<11>2014
16:32 Dec 13, 2016
Jkt 241001
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: For access to the docket to
read background documents or
comments received, go to
www.regulations.gov. All documents in
the docket are listed. Although listed in
the index, some information is not
publicly available, such as CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the internet and will be
publicly available only in hard copy
form.
Mr.
David Olson, Headquarters, Operations
and Regulatory Community of Practice,
Washington, DC at 202–761–4922 or Ms.
Kristi Hall, U.S. Army Corps of
Engineers, Vicksburg District,
Regulatory Branch at 601–631–7528.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Background
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 proposing to revise the regulations at
33 CFR part 334 by establishing a
danger zone along the East Pearl River.
The amendment to this regulation will
allow the Commanding Officer of the
Naval Construction Battalion Center,
Gulfport, MS 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 shortrange tactical ammunition within
riverine areas.
Procedural Requirements
a. Review Under Executive Order
12866. The proposed 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. Review Under the Regulatory
Flexibility Act. This proposed rule has
been reviewed under the Regulatory
Flexibility Act (Pub. L. 96–354). The
Regulatory Flexibility Act generally
requires an agency to prepare a
regulatory flexibility analysis of any rule
subject to notice-and-comment
rulemaking requirements under the
Administrative Procedure Act or any
other statute unless the agency certifies
that the rule will not have a significant
economic impact on a substantial
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90293
number of small entities (i.e., small
businesses and small governments). 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. Unless
information is obtained to the contrary
during the comment period, the Corps
certifies that the proposed rule would
have no significant economic impact on
the public. After considering the
economic impacts of this proposed
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. Due to the
administrative nature of this action and
because there is no intended change in
the use of the area, the Corps expects
that this regulation, if adopted, will not
have a significant impact on the quality
of the human environment and,
therefore, preparation of an
environmental impact statement will
not be required. An environmental
assessment will be prepared after the
public notice period is closed and all
comments have been received and
considered.
d. Unfunded Mandates Act. This
proposed rule does not contain a
Federal mandate that may result in
expenditures of $100 million or more
for State, local, and Tribal governments,
in the aggregate, or the private sector in
any one year. Therefore, this proposed
rule is not subject to the requirements
of Sections 202 and 205 of the
Unfunded Mandates Reform Act
(UMRA). The proposed rule contains no
regulatory requirements that might
significantly or uniquely affect small
governments. Therefore, the proposed
rule is not subject to the requirements
of Section 203 of UMRA.
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 proposes to amend
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:
■
Authority: 40 Stat. 266 (33 U.S.C. 1) and
40 Stat. 892 (33 U.S.C. 3).
■
2. Add § 334.784 to read as follows:
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Federal Register / Vol. 81, No. 240 / Wednesday, December 14, 2016 / Proposed Rules
Dated: December 1, 2016.
Susan S. Whittington,
Chief, Operations and Regulatory Division,
Directorate of Civil Works.
(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, on the left descending bank,
located at latitude 30.4030° N.,
longitude ¥89.6815° W., to a point
below the confluence of Mikes River,
located at latitude 30.3561° N.,
longitude ¥89.6514° W. The datum is
NAD83.
(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, below, except by
permission of Commander, 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 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 Commander, Naval
Construction Battalion Center, Gulfport
or by such other person(s) as he or she
may designate.
sradovich on DSK3GMQ082PROD with PROPOSALS
§ 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.
[FR Doc. 2016–30013 Filed 12–13–16; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 79 and 80
[EPA–HQ–OAR–2016–0041; FRL–9956–44–
OAR]
RIN 2060–AS66
Notice of Data Availability Concerning
the Renewables Enhancement and
Growth Support Rule
Environmental Protection
Agency (EPA).
ACTION: Notice of data availability.
AGENCY:
This Notice provides an
opportunity to comment on new
information that pertains to the
proposed provisions for ethanol flex
fuel contained in the Renewables
Enhancement and Growth Support
(REGS) rule which was published in the
Federal Register on November 16, 2016.
The new information is contained in the
report titled ‘‘Property Analysis of
Ethanol—Natural Gasoline—BOB
Blends to Make Flex Fuel’’ that has been
placed in the public docket for this
action. In the proposed REGS rule, the
EPA proposed volatility standards for
ethanol flex fuel (EFF) to prevent
excessive evaporative emissions that
could adversely affect the emissions
control systems of flexible fuel vehicles
(FFVs) and human health. The EPA
proposed a fuel volatility compliance
tool for use by regulated entities to
demonstrate compliance with the
proposed volatility standards for EFF.
The new information being made
available by this notice indicates that
the proposed compliance tool may need
to be modified to adequately estimate
the volatility of EFF when natural
gasoline is used as a blendstock.
DATES: Comments. Comments must be
received on or before January 17, 2017.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OAR–2016–0041, to the Federal
SUMMARY:
Outline of This Preamble
I. General Information
A. Does this action apply to me?
B. What is the Agency’s authority for
taking this action?
II. Request for Comment
A. Background
B. Potential Changes to the Proposed
Ethanol Flex Fuel Volatility Compliance
Tool
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
This action relates to provisions in a
previously promulgated Proposed Rule
that would potentially affect companies
involved with the production,
distribution, and sale of blends of
ethanol and gasoline. Potentially
regulated categories include:
NAICS 1 code
Examples of potentially affected entities
211112 .....................................................
211112, 324110 ......................................
324110 .....................................................
325110 .....................................................
325193 .....................................................
424710, 424720 ......................................
Natural gas liquids extraction and fractionation.
Ethanol denaturant manufacturers.
Petroleum refineries (including importers).
Butane and pentane manufacturers.
Ethyl alcohol manufacturing.
Petroleum Bulk Stations and Terminals; Petroleum and Petroleum Products
Wholesalers.
Category
Industry
Industry
Industry
Industry
Industry
Industry
BILLING CODE 3720–58–P
eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or withdrawn from
Regulations.gov. The EPA may publish
any comment received to its public
docket. Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Julia
MacAllister, Assessment and Standards
Division, Office of Transportation and
Air Quality, Environmental Protection
Agency, 2000 Traverwood Drive, Ann
Arbor, MI 48105; telephone number:
(734) 214–4131; email address:
macallister.julia@epa.gov.
16:32 Dec 13, 2016
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]]>Agencies
[Federal Register Volume 81, Number 240 (Wednesday, December 14, 2016)]
[Proposed Rules]
[Pages 90292-90294]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30013]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers
33 CFR Part 334
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
AGENCY: U.S. Army Corps of Engineers, DoD.
ACTION: Notice of proposed rulemaking and request for comments.
-----------------------------------------------------------------------
SUMMARY: The U.S. Army Corps of Engineers (Corps) is proposing to
revise the existing regulations for a danger zone at the Naval Special
Warfare Center (NSWC) N31 Branch within the acoustic buffer of the 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
[[Page 90293]]
East Pearl that are used by Naval Special Warfare units to conduct
riverine training. The purpose of the proposed danger zone is to ensure
public safety by restricting access within the danger zone during
training events. This amendment to the existing regulation is necessary
to minimizing potential conflicts between local populace activities and
ongoing military training in the subject area.
DATES: Written comments must be submitted on or before January 13,
2017.
ADDRESSES: You may submit comments, identified by docket number COE-
2016-0014, by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov. Follow the
instructions for submitting comments.
Email: david.b.olson@usace.army.mil. Include the docket number,
COE-2016-0014, in the subject line of the message.
Mail: U.S. Army Corps of Engineers, Attn: CECW-CO (David B. Olson),
441 G Street NW., Washington, DC 20314-1000.
Hand Delivery/Courier: Due to security requirements, we cannot
receive comments by hand delivery or courier.
Instructions: Direct your comments to docket number COE-2016-0014.
All comments received will be included in the public docket without
change and may be made available on-line at https://www.regulations.gov,
including any personal information provided, unless the commenter
indicates that the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI, or otherwise protected, through regulations.gov or
email. The regulations.gov Web site is an anonymous access system,
which means we will not know your identity or contact information
unless you provide it in the body of your comment. If you send an email
directly to the Corps without going through regulations.gov, your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, we recommend that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If we cannot read your
comment because of technical difficulties and cannot contact you for
clarification, we may not be able to consider your comment. Electronic
comments should avoid the use of any special characters, any form of
encryption, and be free of any defects or viruses.
Docket: For access to the docket to read background documents or
comments received, go to www.regulations.gov. All documents in the
docket are listed. Although listed in the index, some information is
not publicly available, such as CBI or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form.
FOR FURTHER INFORMATION CONTACT: Mr. David Olson, Headquarters,
Operations and Regulatory Community of Practice, Washington, DC at 202-
761-4922 or Ms. Kristi Hall, U.S. Army Corps of Engineers, Vicksburg
District, Regulatory Branch at 601-631-7528.
SUPPLEMENTARY INFORMATION:
Background
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
proposing to revise the regulations at 33 CFR part 334 by establishing
a danger zone along the East Pearl River. The amendment to this
regulation will allow the Commanding Officer of the Naval Construction
Battalion Center, Gulfport, MS 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 tactical
ammunition within riverine areas.
Procedural Requirements
a. Review Under Executive Order 12866. The proposed 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. Review Under the Regulatory Flexibility Act. This proposed rule
has been reviewed under the Regulatory Flexibility Act (Pub. L. 96-
354). The Regulatory Flexibility Act generally requires an agency to
prepare a regulatory flexibility analysis of any rule subject to
notice-and-comment rulemaking requirements under the Administrative
Procedure Act or any other statute unless the agency certifies that the
rule will not have a significant economic impact on a substantial
number of small entities (i.e., small businesses and small
governments). 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. Unless
information is obtained to the contrary during the comment period, the
Corps certifies that the proposed rule would have no significant
economic impact on the public. After considering the economic impacts
of this proposed 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. Due to the
administrative nature of this action and because there is no intended
change in the use of the area, the Corps expects that this regulation,
if adopted, will not have a significant impact on the quality of the
human environment and, therefore, preparation of an environmental
impact statement will not be required. An environmental assessment will
be prepared after the public notice period is closed and all comments
have been received and considered.
d. Unfunded Mandates Act. This proposed rule does not contain a
Federal mandate that may result in expenditures of $100 million or more
for State, local, and Tribal governments, in the aggregate, or the
private sector in any one year. Therefore, this proposed rule is not
subject to the requirements of Sections 202 and 205 of the Unfunded
Mandates Reform Act (UMRA). The proposed rule contains no regulatory
requirements that might significantly or uniquely affect small
governments. Therefore, the proposed rule is not subject to the
requirements of Section 203 of UMRA.
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 proposes to
amend 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. Add Sec. 334.784 to read as follows:
[[Page 90294]]
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, on the left
descending bank, 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 is NAD83.
(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, below, except by permission of Commander, 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 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 Commander, Naval Construction Battalion Center,
Gulfport or by such other person(s) as he or she may designate.
Dated: December 1, 2016.
Susan S. Whittington,
Chief, Operations and Regulatory Division, Directorate of Civil Works.
[FR Doc. 2016-30013 Filed 12-13-16; 8:45 am]
BILLING CODE 3720-58-P
