Pamlico Sound and Adjacent Waters, North Carolina, Danger Zones; Alligator Bayou off St. Andrew Bay, Florida; and Suisun Bay, West of Carquinez Straits at the Naval Weapons Station, Concord, California, Restricted Areas

DEPARTMENT OF DEFENSE

Department of the Army

Corps of Engineers

33 CFR Part 334

Pamlico Sound and Adjacent Waters, North Carolina, Danger Zones;

Alligator Bayou off St. Andrew Bay, Florida; and Suisun Bay, West of

Carquinez Straits at the Naval Weapons Station, Concord, California,

Restricted Areas

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

ACTION: Final rule.

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SUMMARY: The Corps is amending the regulations which establish several

danger zones in Pamlico Sound and the Neuse River in North Carolina to

delete one of the danger zones and make minor editorial changes to the

regulations. The danger zone as it exists, protrudes into and

interferes with navigation in Turnagain Bay and will not be used again

by the Government for a use that precludes free use by the public. The

Corps is also making minor editorial amendments to the regulations

which establish a restricted area in the waters of Alligator Bayou, a

tributary of St. Andrews Bay and the Gulf of Mexico, Florida and a

restricted area in the waters of Suisun Bay, west of Carquinez Straits

at the Naval Weapons Station, Concord, California, to clarify that

persons, as well as vessels, are not allowed within the restricted

areas. This amendment will not affect the size, location or further

restrict the public's use of the restricted areas. The restricted areas

continue to be essential to the safety and security of Government

facilities, vessels and personnel and protect the public from the

hazards associated with the operations at Government facilities.

EFFECTIVE DATE: October 28, 1996.

ADDRESSES: HQUSACE, CECW-OR, Washington, D.C. 20314-1000.

FOR FURTHER INFORMATION CONTACT: Mr. Ralph Eppard, Regulatory Branch,

CECW-OR at (202) 761-1783, or questions concerning the Pamlico Sound,

NC danger zone revocation may be directed to Mr. David Franklin of the

Wilmington District at (910) 251-44952. Questions concerning the

Alligator Bayou restricted area may be directed to Mr. Larry Evans of

the Jacksonville District at (904) 232-3943. Any questions concerning

the Suisun Bay, California restricted area may be directed to Mr. Mark

D'Avignon of the San Francisco District at (415) 977-8446.

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 in 33 CFR Part

334.420, 334.760 and 334.1110.

The Commanding Officer, Marine Corps Air Bases, Eastern Area,

Cherry Point, North Carolina, has requested an amendment to the

regulations in 33 CFR 334.420(b)(1)(ii), to disestablish a danger zone

in the waters off Mulberry Point in Pamlico Sound. The area will be

opened to public use upon the effective date of these final rules. The

remaining danger zones established in 33 CFR 334.420 remain in effect.

We are also making an editorial change to clarify that these danger

zone regulations apply to personnel as well as vessels. The Commanding

Officer, Coastal Systems Station, Dahlgren Division, Naval Surface

Warfare Center, Panama City, Florida, and the Commanding Officer, Naval

Weapons Station Concord, Concord, California have also requested that

the word ``person'' be inserted into the regulations in 33 CFR

334.760(b)(1) and 33 CFR 334.1110(2), respectively, to clarify that

restrictions apply not only to vessels, but to personnel as well. Other

minor editorial changes are being made to 33 CFR 334.1110 to correct

paragraph designations in the regulations. These amendments to the

danger zones in 33 CFR 334.420 and the restricted areas in 33 CFR

334.760 and 334.1110 are being promulgated without being published as

proposed rules with opportunity for public comment because the changes

are editorial in nature and since the revisions do not change the

boundaries or increase the restrictions on the public's use or entry

into the designated areas, the changes will have practically no effect

on the public. Accordingly, we have determined that public comment is

unnecessary and impractical.

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

These rules have been reviewed under the Regulatory Flexibility Act

(Pub. L. 86-354), 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 expects that the economic

impact of the changes to the restricted areas will have practically no

impact on the public, no anticipated navigational hazard or

interference with existing waterway traffic and accordingly, certifies

that this proposal if adopted, will have no significant economic impact

on small entities.

c. Review under the National Environmental Policy Act

An environmental assessment has been prepared for each of these

actions. We have concluded, based on the minor nature of these proposed

amendments that these amendments to danger zones and restricted areas

will not have a significant impact to the human environment, and

preparation of a environmental impact statement is not required. The

environmental assessment for the appropriate area may be reviewed at

the District Offices listed at the end of FOR FURTHER INFORMATION

CONTACT, above.

d. Submission to Congress and the GAO

Pursuant to Section 801(a)(1)(A) of the Administrative Procedure

Act as amended, by the Small Business Regulatory Enforcement Fairness

Act of 1996, the Army has submitted a report containing this rule to

the U.S. Senate, House of Representatives and the Comptroller General

of the General Accounting Office prior to publication of this rule in

the Federal Register. This rule is not a major rule within the meaning

of section 804(2) of the Administrative Procedure Act, as amended.

[[Page 43970]]

e. Unfunded Mandates Act

This rulemaking 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 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, Navigation (water), Transportation.

For the reasons set out in the preamble, 33 CFR Part 334 is amended

as follows:

PART 334--DANGER ZONE AND RESTRICTED 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. Section 334.420 is amended by revising the first sentence of

paragraph (a)(2), removing paragraph (b)(1)(ii), redesignating

paragraphs (b)(1)(iii), (iv) and (v) as (b)(1)(ii), (iii) and (iv),

respectively, and revising paragraph (b)(2) to read as follows:

Sec. 334.420 Pamlico Sound and adjacent waters, N.C.; danger zones for

Marine Corps operations.

(a) * * *

(2) The regulations. The area shall be closed to navigation and

personnel at all times except for vessels engaged in operational and

maintenance work as directed by the enforcing agency. * * *

(b) Bombing, rocket firing, and strafing areas in Pamlico Sound and

Neuse River--(1) The areas. * * *

(2) The regulations. (i) The area described in paragraph (b)(1) of

this section will be used as bombing, rocket firing, and strafing

areas. Live and dummy ammunition will be used. The area shall be closed

to navigation and all persons at all times 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.

(ii) The areas described in paragraphs (b)(1)(ii), (iii) and (iv)

of this section shall be used for bombing, rocket firing, and strafing

areas. Practice and dummy ammunition will be used. All operations will

be conducted during daylight hours, and the areas will be open to

navigation at night. No vessel or person shall enter these areas during

the hours of daylight without special permission from the enforcing

agency. The areas will be patrolled and vessels ``buzzed'' by the

patrol plane prior to the conduct of operations in the areas. Vessels

or personnel which have inadvertently entered the danger zones shall

leave the area immediately upon being warned.

* * * * *

3. Section 334.760 is amended by revising paragraph (b)(1) to read

as follows:

Sec. 334.760 Alligator Bayou, a tributary of St. Andrew Bay, Fla.;

restricted area.

* * * * *

(b) The regulations. (1) No vessel or person shall enter the area

or navigate therein without permission of the Commanding Officer, Naval

Ship Research and Development Laboratory, Panama City, Fla., or her/his

authorized representative.

* * * * *

4. Section 334.1110 is amended by revising the heading for

paragraph (a); revising the paragraph (a)(1) designation and heading;

and redesignating paragraph (a)(2) as (b), and revising it to read as

follows:

Sec. 334.1110 Suisun Bay at Naval Weapons Station, Concord; restricted

area.

(a) The area. * * *

(b) The regulations. (1) No person, vessel, watercraft, conveyance

or device shall enter or cause to enter or remain in this area. No

person shall refuse or fail to remove any person or property in his

custody or under his control from this area upon the request of the

Commanding Officer of the Naval Weapons Station Concord or his/her

authorized representative.

(2) The regulations in this section shall be enforced by the

Commanding Officer, Naval Weapons Station Concord, and such agencies as

he/she shall designate.

Dated: August 2, 1996.

Stanley G. Genega,

Major General, U.S. Army, Director of Civil Works.

[FR Doc. 96-21841 Filed 8-26-96; 8:45 am]

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