33426 Federal Register / Vol. 65, No. 100 / Tuesday, May 23, 2000 / Proposed Rules

DEPARTMENT OF DEFENSE

Department of the Army, Corps of

Engineers

33 CFR Part 334

United States Marine Corps Restricted

Area, New River, NC, and Vicinity

AGENCY: U.S. Army Corps of Engineers,

DoD.

ACTION: Notice of proposed rulemaking

and request for comments.

SUMMARY: The Corps of Engineers is

proposing to amend the regulations

which establish restricted areas in the

waters of New River, North Carolina,

and vicinity to include restricted areas

for United States Marine Corps

Waterborne Refueling Training

Operation in the Morgan Bay Sector,

Farnell Bay Sector, and Grey Point

Sector. Refueling operations would

occur approximately fourteen times a

year. Small craft would be refueled with

unleaded gasoline or diesel fuel from a

tactical bulk refueling system loaded

onto a floating platform or vessel. The

purpose is for the Marine Corps to gain

proficiency in refueling operations and

associated activities in riverine

environments. The restricted area

currently serves as a firing range; but

there are no provisions for refueling

operations. The changes to the

regulation are necessary to safeguard

Marine Corps vessels, ribbon bridges,

and United States Government facilities

from sabotage and other subversive acts,

accidents, or other incidents of similar

nature. These changes are also necessary

to protect the public from potentially

hazardous conditions which may exist

as a result of the Marine Corps use of

the area.

DATES: Written comments must be

submitted on or before June 22, 2000.

ADDRESSES: U.S. Army Corps of

Engineers, ATTN: CECW–OR, 20

Massachusetts Avenue, NW,

Washington, D. C. 20314–1000

FOR FURTHER INFORMATION CONTACT: Mr.

Frank Torbett, Headquarters Regulatory

Branch, Washington, D.C. at (202) 761–

1787, or Mr. Ernie Jahnke, Corps of

Engineers, Wilmington District, at 910–

251–4467.

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 U.S.C.3) the Corps proposes

to amend the restricted area regulations

in 33 CFR Part 334.400.

Procedural Requirements

a. Review Under Executive Order 12866

This proposed 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

These proposed rules have 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 expects that

the economic impact of the

establishment of this restricted area

would have practically no impact on the

public, no anticipated navigational

hazard or interference with existing

waterway traffic and accordingly,

certifies that this proposal if adopted,

will have no significant economic

impact on small entities.

c. Review Under the National

Environmental Policy Act

An environmental assessment has

been prepared for this action. We have

concluded, based on the minor nature of

the proposed additional restricted area

regulations, that this action, if adopted,

will not have a significant impact to the

quality of the human environment, and

preparation of an environmental impact

statement is not required. 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 proposed 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

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

Marine Safety, Navigation (water),

Transportation, 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. Section 334.440 would be amended

by adding paragraph (c)(6) to read as

follows:

§ 334.440 New River, N.C., and vicinity;

Marine Corps firing ranges,

* * * * *

(c) * * *

(6) No person shall enter or remain

within a 2 acre area surrounding a

waterborne refueling training operation,

in either the Grey Point Sector, Farnell

Bay Sector, or Morgan Bay Sector as

described in paragraph (b) of this

section, for the duration of the training

operation after a notice to conduct a

waterborne refueling training operation

has been published in the local notice

to mariners and has been broadcast over

the Marine Band radio network. The 2

acre area surrounding a waterborne

refueling training operation will be

patrolled and persons and vessels shall

clear the area under patrol upon being

warned by the surface patrol craft.

* * * * *

Dated: May 9, 2000.

Charles M. Hess,

Chief, Operations Division, Office of Deputy

Commanding General for Civil Works.

[FR Doc. 00–12764 Filed 5–22–00; 8:45 am]

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