Federal Register / Vol. 76, No. 196 / Tuesday, October 11, 2011 / Rules and Regulations 62631 

Dated: September 19, 2011. 

Joseph W. Lambert, 

Director, Information Management Services. 

[FR Doc. 2011–25546 Filed 10–7–11; 8:45 am] 

BILLING CODE 6310–02–P 

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: Final rule. 

SUMMARY: The U.S. Army Corps of 

Engineers (Corps) is amending its 

regulations by modifying 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. The amendments include 

reformatting the regulations for clarity, 

modifying the boundaries of both 

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: Effective date: November 10, 

2011. 

ADDRESSES: U.S. Army Corps of 

Engineers, Attn: CECW–CO (David B. 

Olson), 441 G Street NW., Washington, 

DC 20314–1000. 

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 

amending the regulations at 33 CFR part 

334 to provide for the safe operation of 

the existing rifle and pistol ranges at the 

U.S. Marine Corps Recruit Depot Parris 

Island. The modifications to the 

regulations are described below. 

The modifications include 

reformatting the regulations to describe 

the areas, the regulations, and 

enforcement. This format is consistent 

with other danger zone regulations and 

provides greater clarity. The boundaries 

of both danger zones have been 

modified to incorporate modern 

methods of measuring ballistic 

footprints and design criteria for range 

construction. Since these 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. 

These regulations allow the 

Commanding General, U.S. Marine 

Corps Recruit Depot Parris Island 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 U.S. Marine Corps 

Recruit Depot Parris Island. 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. 

The proposed rule was published in 

the June 17, 2011, edition of the Federal 

Register (76 FR 35379) with the docket 

number COE–2011–0010. No comments 

were received. 

Procedural Requirements 

a. Review Under Executive Order 

12866. This regulation 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 regulation 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, this regulation will 

not have a significant impact to the 

quality of the human environment and, 

therefore, preparation of an 

environmental impact statement is not 

required. An environmental assessment 

has been prepared. It may be reviewed 

at the district office listed at the end of 

FOR FURTHER INFORMATION CONTACT, 

above. 

d. Unfunded Mandates Act. This 

regulation 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 amends 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 

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 (the starting point). 


jlentini on DSK4TPTVN1PROD with RULES
62632 Federal Register / Vol. 76, No. 196 / Tuesday, October 11, 2011 / Rules and Regulations 

(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 (the 

starting point). 

(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 U.S. Marine Corps Recruit 

Depot 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: September 29, 2011. 

Michael G. Ensch, 

Chief, Operations and Regulatory, Directorate 

of Civil Works. 

[FR Doc. 2011–26195 Filed 10–7–11; 8:45 am] 

BILLING CODE 3720–58–P 

NATIONAL ARCHIVES AND RECORDS 

ADMINISTRATION 

36 CFR Part 1258 

[NARA–11–0002] 

RIN 3095–AB71 

NARA Records Reproduction Fees 

AGENCY: National Archives and Records 

Administration. 

ACTION: Final rule. 

SUMMARY: The National Archives and 

Records Administration (NARA) is 

changing its regulations to add the 

methodology for creating and changing 

records reproduction fees, to remove 

records reproduction fees found in its 

regulations, and to provide a 

notification process for the public of 

new or proposed fees. This final rule 

covers reproduction of Federal or 

Presidential records accessioned, 

donated, or transferred to NARA. Note 

that there are no proposed changes to 

fees at any NARA facility at this time. 

DATES: This rule is effective November 

10, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Stuart Culy on (301) 837–0970. 

SUPPLEMENTARY INFORMATION: On July 

22, 2011, NARA published a proposed 

rule in the Federal Register (76 FR 

43960) for a 60-day public comment 

period. This proposed rule changed 

NARA’s regulations to add the 

methodology for creating and changing 

records reproduction fees, to remove 

records reproduction fees found in its 

regulations, and to provide a 

notification process for the public of 

new or proposed fees. The public 

comment period closed on September 

20, 2011. NARA received no comments. 

This final rule is not a significant 

regulatory action for the purposes of 

Executive Order 12866 and has not been 

reviewed by the Office of Management 

and Budget. As required by the 

Regulatory Flexibility Act, I certify that 

this rule will not have a significant 

impact on a substantial number of small 

entities because it affects Federal 

agencies and individual researchers. 

This regulation does not have any 

federalism implications. 

List of Subjects in 36 CFR Part 1258 

Archives and records. 

■ For the reasons set forth in the 

preamble, NARA revises 36 CFR part 

1258 to read as follows: 

PART 1258—FEES 

Sec. 

1258.1 [Reserved] 

1253.2 What definitions apply to the 

regulations in this part? 

1258.4 What costs make up the NARA fees? 

1258.6 How does NARA calculate fees for 

individual products? 

1258.8 How does NARA change fees for 

existing records reproductions? 

1258.10 How does NARA develop and 

publicize new records reproduction fees? 

1258.12 When does NARA provide records 

reproductions without charge? 

1258.14 What is NARA’s payment policy? 

1258.16 What is NARA’s refund policy? 

1258.18 Where can I find NARA’s current 

fees and information on how to order 

reproductions? 

Authority: 44 U.S.C. 2116(c) and 44 U.S.C. 

2307. 

§ 1258.1 [Reserved] 

§ 1258.2 What definitions apply to the 

regulations in this part? 

Accession means the method of 

acquiring archival records or donated 

materials from various Governmental 

bodies. 

Archival records means records that 

have been accessioned into the legal 

custody of NARA, donated historical 

materials in the legal custody of NARA 

and its Presidential libraries, and 

Congressional, Supreme Court, and 

other historical materials in NARA’s 

physical custody and for which NARA 

has a formal agreement for their 

permanent retention. 

Certification means affixing a seal to 

copies certifying the copies are a valid 

reproduction of a file; this service is 

available for an additional fee. 

Cost means the total amount of money 

spent by the NATF for providing 

services including, but not limited to, 

salaries; benefits; rent; communication 

and utilities; printing and 

reproductions; consulting and other 

services; payments to other agencies/ 

funds; supplies and materials; 

depreciation; system upgrades/ 

replacements; etc. 

Custodial units mean NARA’s Federal 

Records Centers, National Personnel 

Records Center, archival reference 

operations nationwide, and Presidential 

Libraries. 

Fee means the price researchers pay 

for reproductions of records. 

Certification of records is also a 

reproduction fee. 


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