Federal Register / Vol. 76, No. 117 / Friday, June 17, 2011 / Proposed Rules 35379 

DEPARTMENT OF DEFENSE 

Department of the Army, Corps of 

Engineers 

33 CFR Part 334 

Archers Creek, Ribbon Creek, and 

Broad River; U.S. Marine Corps Recruit 

Depot, Parris Island, SC; Danger Zone 

AGENCY: United States Army Corps of 

Engineers, Department of Defense. 

ACTION: Notice of proposed rulemaking 

and request for comments. 

SUMMARY: The U.S. Army Corps of 

Engineers (Corps) is proposing to amend 

its regulations for two existing danger 

zones that are located adjacent to the 

rifle range and pistol range at the U.S. 

Marine Corps Recruit Depot Parris 

Island in Beaufort County, South 

Carolina. These danger zones were 

established in the 1960s. The proposed 

amendments include reformatting the 

existing regulations for clarity, 

modifying the boundaries of the danger 

zones, and modifying the hours of range 

operations from 6:30 a.m. to 5 p.m. to 

6 a.m. to 5 p.m. Monday through Friday. 

These amendments will enhance the 

ability of the U.S. Marine Corps to 

provide for the safe operation of the 

existing rifle and pistol ranges. 

DATES: Written comments must be 

received on or before July 18, 2011. 

ADDRESSES: You may submit comments, 

identified by docket number COE– 

2011–0010, by any of the following 

methods: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

E-mail: 

david.b.olson@usace.army.mil. Include 

the docket number, COE–2011–0010, in 

the subject line of the message. 

Mail: U.S. Army Corps of Engineers, 

Attn: CECW–CO–R (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–2011–0010. 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 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 e-mail directly to the Corps 

without going through 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 http:// 

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 B. Olson, Headquarters, 

Operations and Regulatory Community 

of Practice, Washington, DC at 202–761– 

4922 or Mr. Nathaniel I. Ball, U.S. Army 

Corps of Engineers, Charleston District, 

Regulatory Division, at 843–329–8047. 

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 

proposing to amend the regulations in 

33 CFR part 334 by modifying the 

regulations for existing danger zones 

that are located immediately adjacent to 

the U.S. Marine Corps Recruit Depot at 

Parris Island, South Carolina. The 

proposed modifications to the 

regulations are described below. 

The proposed modifications include 

reformatting the existing regulations to 

describe the areas, the regulations, and 

enforcement. The proposed format is 

consistent with other danger zone 

regulations and provides greater clarity. 

The boundaries of both areas have been 

modified to incorporate modern 

methods of measuring ballistic 

footprints and design criteria for range 

construction. Since the proposed 

changes to the boundaries of the areas 

are relatively minor, the existing live 

fire warning signs will continue to be 

used to ensure safe navigation in the 

vicinity of the rifle and pistol ranges. 

The proposed regulations allow the 

Commanding General, U.S. Marine 

Corps Recruit Depot, Parris Island South 

Carolina Director, to restrict passage of 

persons, vessels and other watercraft in 

navigable waters adjacent to the existing 

rifle range and pistol range between the 

hours of 6 a.m. and 5 p.m. Monday 

through Friday, and from 6 a.m. to 

12 p.m. on Saturdays, National holidays 

excepted, and at other times as 

designated and properly published by 

the Commanding General, U.S. Marine 

Corps Recruit Depot Parris Island. 

The proposed regulations would 

result in an increase in the hours of 

operation from 6:30 a.m. to 5 p.m., to 

6 a.m. to 5 p.m. Monday through Friday. 

Existing procedures for publishing any 

temporary changes in the hours of 

operation include sending a notice to 

local news sources, marinas, and fishing 

shops. The public will continue to be 

able to use these portions of Archers 

Creek, Ribbon Creek, and the Broad 

River when the rifle and pistol ranges 

are not in use. 

Procedural Requirements 

a. Review Under Executive Order 

12866. This 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. The 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). The Corps determined 

that this regulation would have little or 

no economic impact on the public nor 

would it result in any anticipated 

navigational hazard or interference with 

existing waterway traffic. This 

regulation 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, 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

35380 Federal Register / Vol. 76, No. 117 / Friday, June 17, 2011 / Proposed Rules 

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. It will be available from 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 

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 

regulation. 

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. Revise § 334.480 to read as follows: 

§ 334.480 Archers Creek, Ribbon Creek, 

and Broad River; U.S. Marine Corps Recruit 

Depot, Parris Island, South Carolina; danger 

zones. 

(a) The areas. (1) The danger zone on 

Archers Creek (between the Broad River 

and Beaufort River), Ribbon Creek, and 

the Broad River shall encompass all 

navigable waters of the United States, as 

defined at 33 CFR part 329, adjacent to 

the existing rifle range. This area is 

bounded by a line connecting the 

following coordinates: Commencing 

from the shoreline at the southernmost 

portion of the area, at latitude 32°19′59′′ 

N, longitude 80°42′54′′ W, thence to a 

point at latitude 32°20′05′′ N, longitude 

80°43′16′′ W, thence to a point at 

latitude 32°21′40′′ N, longitude 

80°44′54′′ W, thence to a point at 

latitude 32°22′20′′ N, longitude 

80°43′52′′ W, thence to a point on the 

shoreline at latitude 32°21′34′′ N, 

longitude 80°42′48′′ W, thence follow 

the mean high water line southwesterly 

around Horse Island approximately 2.3 

nautical miles to a point at latitude to 

latitude 32°21′22′′ N, longitude 

80°42′30′′ W, thence to a point on the 

shoreline at latitude 32°20′56′′ N, 

longitude 80°41′50′′ W, thence follow 

the mean high water line southwesterly 

approximately 2.2 nautical miles to 

terminate at the southernmost portion of 

the area. 

(2) The danger zone on the Broad 

River shall encompass all navigable 

waters of the United States, as defined 

at 33 CFR part 329, adjacent to the 

existing pistol range. This area is 

bounded by a line connecting the 

following coordinates: Commencing 

from the shoreline at the easternmost 

portion of the area, at latitude 32°19′36′′ 

N, longitude 80°42′34′′ W, thence to a 

point at latitude 32°19′23′′ N, longitude 

80°42′50′′ W, thence to a point at 

latitude 32°19′06′′ N, longitude 

80°43′31′′ W, thence to a point at 

latitude 32°19′28′′ N, longitude 

80°43′54′′ W, thence to a point at 

latitude 32°19′59′′ N, longitude 

80°43′28′′ W, thence to a point on the 

shoreline at latitude 32°20′10′′ N, 

longitude 80°43′10′′ W, and thence 

follow the mean high water line 

southeasterly approximately 0.75 

nautical miles to terminate at the 

easternmost portion of the area. 

(b) The regulations. (1) All persons, 

vessels, or other watercraft are 

prohibited from entering, transiting, 

anchoring, or drifting within the danger 

zones described in paragraph (a) of this 

section when the adjacent rifle or pistol 

ranges on Parris Island are in use. 

(2) Firing over these ranges will 

normally take place between the hours 

of 6 a.m. and 5 p.m., Monday through 

Friday, and from 6 a.m. to 12 p.m. on 

Saturday, National holidays excepted, 

and at other times as designated and 

properly published by the Commanding 

General, U.S. Marine Corps Recruit 

Depot Parris Island. 

(3) Warning signs indicating the 

periods when the rifle range is in use 

will be posted by the entrances to 

Archers Creek and Ribbon Creek. In 

addition, warning signs will be placed 

along the shoreline on the Broad River 

near the upstream and downstream 

boundaries of both the rifle range and 

the pistol range. 

(4) Warning flags shall be flown from 

the top of the lookout tower and on the 

rifle range and pistol range during 

actual firing. In addition, a sentry 

lookout will be on duty during actual 

firing and a patrol boat will be 

accessible for clearing the area and 

warning all approaching vessels of the 

danger zone and the schedule of firing. 

(5) During storms or similar 

emergencies these areas shall be opened 

to vessels to reach safety without undue 

delay for the preservation of life and 

property. 

(c) Enforcement. The regulations in 

this section shall be enforced by the 

Commanding General, U.S. Marine 

Corps Recruit Depot Parris Island and/ 

or such persons or agencies as he/she 

may designate. 

Dated: June 10, 2011. 

Michael G. Ensch, 

Chief, Operations and Regulatory, Directorate 

of Civil Works. 

[FR Doc. 2011–15091 Filed 6–16–11; 8:45 am] 

BILLING CODE 3720–58–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2010–1024; FRL–9320–4] 

Approval and Promulgation of Air 

Quality Implementation Plans; Indiana; 

Prevention of Significant Deterioration 

Greenhouse Gas Tailoring Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a draft revision to the Indiana State 

Implementation Plan (SIP), submitted 

by the Indiana Department of 

Environmental Management (IDEM) to 

EPA on December 3, 2010, for parallel 

processing. The proposed SIP revision 

modifies Indiana’s Prevention of 

Significant Deterioration (PSD) program 

to establish appropriate emission 

thresholds for determining which new 

stationary sources and modification 

projects become subject to Indiana’s 

PSD permitting requirements for their 

greenhouse gas (GHG) emissions. EPA is 

proposing approval of Indiana’s 

December 3, 2010, SIP revision because 

the Agency has made the preliminary 

determination that this SIP revision is in 

accordance with the Clean Air Act 

(CAA) and EPA regulations regarding 

PSD permitting for GHGs. 

DATES: Comments must be received on 

or before July 18, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2010–1024, by one of the 

following methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: blakley.pamela@epa.gov. 

3. Fax: (312) 692–2450. 

4. Mail: Pamela Blakley, Chief, Air 

Permits Section, Air Programs Branch 

(AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

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