Shoreline Use Permits, Flotation

DEPARTMENT OF DEFENSE

Department of the Army

Corps of Engineers

36 CFR Part 327

Shoreline Use Permits, Flotation

AGENCY: U.S. Army Corps of Engineers, Department of Defense.

ACTION: Supplementary proposed rule.

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SUMMARY: The Corps published a proposed rule in the April 15, 1997,

issue of the Federal Register, concerning flotation materials to be

used on all new docks and boat mooring buoys. Comments received during

the 45 day comment period prompted the Corps to conduct further study

and give additional consideration to flotation requirements. As a

result, the Corps is withdrawing this amendment and proposing a new

amendment.

An amendment to the Guidelines for Granting Shoreline Use Permits

was also part of the proposed rule published on April 15, 1997. This

language reduced onerous requirements on individuals who have requested

waivers due to obvious limiting health conditions by giving Operations

Project Managers flexibility to take special circumstances of the

applicant into consideration when issuing a shoreline management

permit. No negative comments were received during the comment period

and this amendment will be issued as a final rule at a later date,

probably in conjunction with the flotation amendment, once the

flotation issue is resolved.

DATES: Comments must be submitted on or before January 20, 1998.

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

FOR FURTHER INFORMATION CONTACT: Mr. Darrell E. Lewis, (202) 761-0247.

SUPPLEMENTARY INFORMATION: The Corps published a final rule providing

policy and guidance on the management of shorelines of Corps of

Engineers managed Civil Works projects in the Federal Register on July

27, 1990, (55 FR 30690-30702), last amended in the Federal Register on

July 1, 1992 (57 FR 29219-29220).

Two amendments to the regulation were published as a proposed rule

in the Federal Register on April 15, 1997 (62 FR 18307-18308). An

amendment to Paragraph 2.c(9) of Appendix A, Section 327.30, Guidelines

for Granting Shoreline Use Permits, gave operational project managers

flexibility to take special circumstances of the applicant into

consideration when issuing a permit. This language reflected the Corps

desire to accommodate basic access for those individuals who have

requested waivers due to either obvious limiting health conditions or

those documented by a doctor's certification. No negative comments were

received regarding this amendment during the comment period. Therefore,

this portion of the April 15, 1997 proposed rule will be promulgated as

a final rule at a later date.

Paragraph 14, Appendix C, of Section 327.30, also published in the

April 15, 1997, proposed rule, reflected the Corps amended flotation

requirements for all new docks and boat mooring facilities. The Corps

received 28 letters concerning flotation during the comment period of

this proposed rulemaking. The comments prompted the Corps to conduct

further study and give additional consideration to flotation

requirements. Accordingly, the flotation portion of the proposed rule

published on April 15, 1997, is withdrawn and a new amendment is

proposed.

Procedural Requirements

Executive Order (E.O.) 12866

The Secretary of the Army has determined that this proposed

revision is not a ``major'' rule within the meaning of Executive Order

(E.O.) 12866. If approved, this revision will not (1) have an annual

effect on the economy of $100 million or more; (2) cause a major

increase in costs or prices for consumers, individual industries,

geographic regions, or Federal, State, or local governmental agencies;

or (3) have significant adverse effects on competition, employment,

investment, productivity, innovation, or on the ability of a United

States-based enterprise to compete with foreign-based enterprise in

domestic or export markets.

Regulatory Flexibility Act

This proposed rule will not have a significant economic impact on a

substantial number of small entities under the Regulatory Flexibility

Act (5 U.S.C. 601 et seq.)

Collection of Information

This proposed rule contains no collection of information under the

Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Executive Order 12612

The Corps has analyzed this proposed rule under principles and

criteria in E.O. 12612 and has determined that this proposed rule does

not have sufficient Federalism implications to warrant preparation of a

Federalism Assessment.

Executive Order 12630

The Corps has determined that this proposed rule does not have

``significant'' taking implications. The proposed rule does not pertain

to taking of private property interests, nor does it impact private

property.

NEPA Statement

The Corps has determined that this proposed rule does not

constitute a major Federal action significantly affecting the quality

of the human

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environment and that no detailed statement is required pursuant to the

National Environmental Policy Act of 1969.

Unfunded Mandates Act of 1995

This proposed rule imposes no unfunded mandates on any governmental

or private entity and is in compliance with the provisions of the

Unfunded Mandates Act of 1995.

List of Subjects in 36 CFR Part 327

Lakeshore management, Public lands.

For the reasons set forth in the preamble, we propose to withdraw

the amendment to 36 CFR Part 327, Appendix C published at 62 FR 18307

(April 15, 1997) and to amend 36 CFR Part 327, as follows:

PART 327 --RULES AND REGULATIONS GOVERNING PUBLIC USE OF WATER

RESOURCE DEVELOPMENT PROJECTS ADMINISTERED BY THE CHIEF OF

ENGINEERS

1. The authority citation for 36 CFR Part 327 continues to read as

follows:

Authority: 16 U.S.C. 460d and 460l-6a.

2. Appendix C to Sec. 327.30 is amended by revising paragraph 14 to

read as follows:

Appendix C to Sec. 327.30--Shoreline Use Permit Conditions

* * * * *

14. Flotation for all docks and boat mooring buoys shall be of

materials manufactured for marine use. Flotation will be 100%

warranted for a minimum of 8 years to not sink, become waterlogged,

crack, peel, fragment or be subject to loss of beads. Flotation

materials will resist puncture and penetration and will not be

subject to damage by animals. Flotation will be fire resistant. Any

flotation which is within 40 feet of a line carrying fuel shall be

100% impervious to water and fuel. Reuse of plastic, metal or other

previously used drums or containers for encasement or flotation

purpose is prohibited. Existing flotation is authorized until it has

severely deteriorated and is no longer serviceable, at which time it

shall be replaced with approved flotation. For any floats installed

after the effective date of this specification, repair or

replacement is required when it no longer performs its designated

function or fails to meet the specifications for which it was

originally warranted.

* * * * *

Dated: November 21, 1997.

For the Commander.

Robert W. Burkhardt,

Colonel, Corps of Engineers, Executive Director of Civil Works.

[FR Doc. 97-31776 Filed 12-3-97; 8:45 am]

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