[Federal Register Volume 72, Number 79 (Wednesday, April 25, 2007)]
[Proposed Rules]
[Pages 20460-20462]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-7901]


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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: Notice of proposed rulemaking and request for comments.

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SUMMARY: The Corps of Engineers is proposing to amend 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, however, needs to be 
marked on navigation charts to insure 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.

DATES: Written comments must be submitted on or before May 25, 2007.

ADDRESSES: You may submit comments, identified by docket number COE-
2007-0011, by any of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
    E-mail: <a href="/cdn-cgi/l/email-protection#b1d5d0c7d8d59fd39fdeddc2dedff1c4c2d0d2d49fd0c3dcc89fdcd8dd"><span class="__cf_email__" data-cfemail="f59194839c91db97db9a99869a9bb58086949690db9487988cdb989c99">[email protected]</span></a>. Include the docket number, 
COE-2007-0011, 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-2007-0011. 
All comments received will be included in the public docket without 
change and may be made available on-line at http://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 http://www.regulations.gov or e-mail. The

[[Page 20461]]

http://www.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 e-
mail directly to the Corps without going through http://www.regulations.gov, your e-mail 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.
    Consideration will be given to all comments received within 30 days 
of the date of publication of this notice.

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 (252) 975-1616, or Ms. Tracey Wheeler, 
Corps of Engineers, Wilmington District, Regulatory Branch, at (252) 
975-1616.

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 proposes to amend 33 CFR 334.430 by adding a 
danger zone along the Neuse River as described below. The regulations 
governing the restricted area are not proposed to be changed.

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

    This proposed 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). Unless information is 
obtained to the contrary during the public notice comment period, the 
Corps expects that the establishment of this danger zone would have 
practically no economic impact on the public, result in no anticipated 
navigational hazard, or interfere with existing waterway traffic. This 
proposed rule, if adopted, 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 expects that 
this regulation, if adopted, 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 will be prepared after the public notice period is closed 
and all comments have been received and considered. 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 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.

    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 334.430 is revised 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 vessels operated by the U.S. Navy 
or Coast Guard, are prohibited from entering the restricted area or 
danger zone 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.

[[Page 20462]]

    (5) The regulations 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.

Lawrence A. Lang,
Acting Chief, Operations Directorate of Civil Works.
 [FR Doc. E7-7901 Filed 4-24-07; 8:45 am]
BILLING CODE 3710-92-P


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