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[Federal Register Volume 76, Number 196 (Tuesday, October 11, 2011)]
[Rules and Regulations]
[Pages 62631-62632]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-26195]

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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.

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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

0
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).

0
2. Revise Sec.  334.480 to read as follows:

Sec.  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[deg]19'59'' N, longitude 80[deg]42'54'' W, thence to a point at 
latitude 32[deg]20'05'' N, longitude 80[deg]43'16'' W, thence to a 
point at latitude 32[deg]21'40'' N, longitude 80[deg]44'54'' W, thence 
to a point at latitude 32[deg]22'20'' N, longitude 80[deg]43'52'' W, 
thence to a point on the shoreline at latitude 32[deg]21'34'' N, 
longitude 80[deg]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[deg]21'22'' N, longitude 80[deg]42'30'' W, thence 
to a point on the shoreline at latitude 32[deg]20'56'' N, longitude 
80[deg]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).

[[Page 62632]]

    (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[deg]19'36'' N, 
longitude 80[deg]42'34'' W, thence to a point at latitude 
32[deg]19'23'' N, longitude 80[deg]42'50'' W, thence to a point at 
latitude 32[deg]19'06'' N, longitude 80[deg]43'31'' W, thence to a 
point at latitude 32[deg]19'28'' N, longitude 80[deg]43'54'' W, thence 
to a point at latitude 32[deg]19'59'' N, longitude 80[deg]43'28'' W, 
thence to a point on the shoreline at latitude 32[deg]20'10'' N, 
longitude 80[deg]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
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