Federal Register / Vol. 76, No. 100 / Tuesday, May 24, 2011 / Rules and Regulations 30023 

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 

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 

[§ 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 

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 

■ 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. In § 334.420 add paragraphs 

(b)(1)(v) and (b)(2)(iii) to read as follows: 

§ 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°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 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
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. 

SUMMARY: 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 

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. 

SUPPLEMENTARY INFORMATION: 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. 

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 

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. 


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