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[Federal Register: October 22, 2010 (Volume 75, Number 204)]
[Proposed Rules]               
[Page 65278-65279]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22oc10-28]                         

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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: U.S. Army Corps of Engineers, DoD.

ACTION: Notice of proposed rulemaking and request for comments.

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SUMMARY: The U.S. Army Corps of Engineers (Corps) is proposing to amend 
its regulations to establish one new danger zone in Pamlico Sound near 
Marine Corps Air Station Cherry Point, North Carolina. Establishment of 
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.

DATES: Written comments must be received by November 22, 2010.

ADDRESSES: You may submit comments, identified by docket number COE-
2010-0037, 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-2010-0037 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-2010-0037. 
All comments received will be included in the public docket without 
change and may be made available on-line at http: //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 
e-mail. 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 Olson, Headquarters, 
Operations and Regulatory Community of Practice, Washington, DC at 202-
761-4922 or Richard K. Spencer, U.S. Army Corps of Engineers, 
Wilmington District, at 910-251-4172.

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 the regulations in 33 CFR part 
334 by adding Sec.  334.420 (b)(1)(v) to establish an Intermittent 
Danger Zone abutting the existing 1.8 mile Danger Zone [as described in 
Sec.  334.420(b)(1)(i)] in the Pamlico Sound and adjacent waters in 
Carteret County, North Carolina. The public is currently restricted 
from accessing the existing 1.8 mile radius circular area and has 
limited access to three additional 0.5 mile radius circular danger 
zones described at Sec. Sec.  334.420(b)(1)(ii), (iii), and (iv), but 
has unrestricted access to the surrounding waters. To better protect 
the public from potentially hazardous conditions during scheduled live 
fire training, Marine Corps Air Station Cherry Point has requested that 
the Corps establish the Intermittent Danger Zone that will enable the 
Marine Corps to ensure security and safety for the public.
    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 proposed amendment to the current danger 
zone regulation at 33 CFR 334.420 includes the addition of a danger 
zone in Pamlico Sound that 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 new 
danger zone will optimize public safety and military training, and 
protect any vessels that operate in the vicinity of Bombing Target-11 
Range.

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). The Corps has determined that revising this proposed rule 
would have practically no economic impact on the public, or result in 
no anticipated navigational hazard or interference with existing 
waterway traffic. This proposed rule will have no significant economic 
impact on small entities.
    c. Review Under the National Environmental Policy Act. The Corps 
expects that the proposed rule will not have a significant impact to 
the quality of the human environment and,

[[Page 65279]]

therefore, preparation of an environmental impact statement will not be 
required. After the comment period, an environmental assessment will be 
prepared and it may be reviewed at the District office listed at the 
end of the FOR FURTHER INFORMATION CONTACT, above.
    d. Unfunded Mandates Act. The 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 proposed rule.

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 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 Sec.  334.420 add paragraphs (b)(1)(v) and (b)(2)(iii) to 
read as follows:

Sec.  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[deg]02'12'', longitude 76[deg]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 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: October 8, 2010.
Michael G. Ensch,
Chief, Operations, Directorate of Civil Works.
[FR Doc. 2010-26442 Filed 10-21-10; 8:45 am]
BILLING CODE 3720-58-P
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