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, DOD.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Corps proposes to amend its regulation which contains

guidelines for granting shoreline use permits and conditions under

which shoreline use permits can be used. We are proposing this to

accommodate special needs of the public, and to incorporate changes

deemed necessary to make new technologies available to the public when

meeting certain conditions of their shoreline use permits.

DATES: Comments must be submitted on or before May 30, 1997.

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

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

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

SUPPLEMENTARY INFORMATION: Pursuant to its authorities in 16 U.S.C.

460d, the Corps promulgated a regulation which was published in the

Federal Register as a final rule on July 27, 1990. Since that time a

specific instance has led to this amendment to Paragraph 9 of Appendix

A, Section 327.30 which gives operational project managers flexibility

to take special circumstances of the applicant into consideration when

issuing a permit. This language reflects 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.

Since the development and subsequent publishing of flotation

material requirements for all docks and boat mooring buoys required

under the shoreline management program in the Federal Register on July

27, 1990, new technologies and methods have resulted in product changes

and influenced flotation material specifications acceptable to the

Corps. Paragraph 14, Appendix C, of Section 327.30 in this proposed

rulemaking reflects the Corps amended flotation requirements on all new

docks and boat mooring facilities.

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 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 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.

Sec. 327.30 [Amended]

2. Appendix A to Sec. 327.30 is amended by revising paragraph 2.c.

(9) to read as follows:

Appendix A to Sec. 327.30 Guidelines for Granting Shoreline Use

Permits

* * * * *

2. * * *

c. * * *

(9) The district commander or his/her authorized representative may

place special conditions on the permit when deemed necessary. Requests

for waivers of shoreline management plan permit conditions based on

health conditions will be reviewed on a case by case basis by the

operations project manager. Efforts will be made to reduce onerous

[[Page 18308]]

requirements when a limiting health condition is obvious or when an

applicant provides a doctor's certification of need for conditions

which are not obvious.

* * * * *

3. 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. On all new docks and boat mooring buoys, flotation shall be

extruded polystyrene, expanded polystyrene, or a copolymer of

polythylene and polystyrene moldable foam all with 0.9 lbs./cu. ft.

minimum density. No-foam modular blocks using interior air chambers

for flotation with a minimum wall thickness of .25'' may also be

used. On all foam products, water absorption shall be less than 3.0

lbs./cu. ft at seven days when a 1/16 cu. ft. cube

(5'' x 5'' x 4.32'') is imersed under \1/2\'' head of water for

seven days and dripped for five seconds before weighing. All systems

using foam (except extruded polystyrene foam) must encase the foam

totally with concrete, galvanized steel, aluminum, recycled plastic

lumber, polyethylene, fiberglass, or tough flexible plastic. Reuse

of plastic, metal, or other previously used drums or containers for

encasement or flotation purpose is prohibited. The encasement shall

be designed to resist puncture and penetration by floating debris,

boats, animals or other sources. In addition, the protective coating

encasement shall be warranted by the manufacturer for a period of at

least eight years against cracking, peeling, sloughing and

deterioration from ultra violet rays. Extruded polystyrene foam

products must be warranted for a period of at least eight years

against cracking, peeling, sloughing and determination from ulta

violet rays. Extruded polystyrene flotation shall be designed to

resist puncture and penetration by floating debris, boats, animals

or other sources. Manufacturers of no-foam modular blocks using

interior air chambers for flotation must warrant their products for

a period of at least eight years against cracking, peeling,

sloughing and deterioration from ultra violet rays. Any flotation

which is within 40 feet of a line carrying fuel shall, in addition

to the requirements for protective coating mentioned above, be 100%

impervious to water and fuel. Existing flotation is authorized until

it has severely deteriorated and is no longer serviceable or capable

of supporting the structure, 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

the foam becomes visible through the encasement protective covering,

or the float no longer performs its designed function.

* * * * *

Dated: April 8, 1997.

For the Commander.

Robert W. Burkhardt,

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

[FR Doc. 97-9643 Filed 4-14-97; 8:45 am]

BILLING CODE 3710-92-M