[Federal Register: October 6, 2003 (Volume 68, Number 193)]
[Rules and Regulations]
[Page 57624]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06oc03-7]
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DEPARTMENT OF DEFENSE
Department of the Army; Corps of Engineers
33 CFR Part 334
United States Navy Restricted Area, Cooper River and Tributaries,
Naval Weapons Station Charleston, Charleston, SC
AGENCY: United States Army Corps of Engineers, Department of Defense.
ACTION: Final rule.
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SUMMARY: The Corps of Engineers is amending existing regulations to
expand the authority of the Commanding Officer, Naval Weapons Station
Charleston to restrict passage of persons, watercraft and vessels
within currently designated restricted areas in the Cooper River and
its tributaries in the vicinity of the Naval Weapons Station in
Charleston, South Carolina. The purpose of the proposed change is to
provide effective security in the area of the Naval Weapons Station.
EFFECTIVE DATE: November 5, 2003.
ADDRESSES: U.S. Army Corps of Engineers, ATTN: CECW-OR, 441 G Street,
NW., Washington, DC 20314-1000.
FOR FURTHER INFORMATION CONTACT: Mr. Frank Torbett, Headquarters
Regulatory Branch, Washington, DC, at (202) 761-4618, or Mr. Nathaniel
Ball, Corps of Engineers, Charleston District, at (843) 329-8044.
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 restricted area regulations
published at 33 CFR 334 by modifying 334.460(b)(6) to expand the
authority of the Commanding Officer, Naval Weapons Station Charleston
to restrict the passage of persons, watercraft and vessels within the
Cooper River and its tributaries in the vicinity of the Naval Weapons
Station in Charleston, South Carolina. The boundaries of restricted
areas and danger zones identified in 33 CFR 334.460 (a) are unchanged.
The regulation at 33 CFR 334.460(b)(6) is being amended to include
restricted area (a)(8) of 334.460. The amended regulation will allow
the Commanding Officer of the Naval Weapons Station to restrict the
passage of persons, watercraft, and vessels, at his/her discretion in
the interest of National Security until such time as he/she determines
such restrictions may be terminated.
Procedural Requirements
a. Review Under Executive Order 12866
This 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 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 expects that the economic
impact of this restricted area would have practically no impact on the
public, no anticipated navigational hazard or interference with
existing waterway traffic and accordingly, certifies that this proposal
will have no significant economic impact on small entities.
c. Review Under the National Environmental Policy Act
The Charleston District has prepared an Environmental Assessment
(EA) for this action. The District has concluded, based on the minor
nature of the proposed additional restricted area, that this action
will not have a significant impact to the quality of the human
environment, and preparation of an Environmental Impact Statement (EIS)
is not required. The EA may be reviewed at the Charleston District
office listed at the end of FOR FURTHER INFORMATION CONTACT above.
d. Unfunded Mandates Act
This 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 Act. The District has also found under section 203 of the Act,
that small Governments will not be significantly and uniquely affected
by this rulemaking.
e. Submission to Congress and the General Accounting Office
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, the U.S. House of Representatives, and the Comptroller
General of the General Accounting Office. This rule is not a major rule
within the meaning of section 804(2) of the Administrative Procedure
Act, as amended.
List of Subjects in 33 CFR Part 334
Danger zones, Marine safety, Restricted areas, Waterways.
0
For the reasons set out in the preamble, the Corps of Engineers is
amending 33 CFR part 334 as follows:
PART 334--DANGER ZONES 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. Amend Sec. 334.460 by revising paragraph (b)(6) to read as follows:
Sec. 334.460 Cooper River and tributaries at Charleston, SC.
* * * * *
(b) * * *
(6) In the interest of National Security, Commanding Officer, U.S.
Naval Weapons Station, Charleston, SC, may at his/her discretion,
restrict passage of persons, watercraft and vessels in the areas
described in paragraphs (a)(7), (a)(8) and (a)(11) of this section
until such time as he/she determines such restriction may be
terminated.
* * * * *
Dated: September 16, 2003.
Lawrence A. Lang,
Deputy Chief, Operations Division, Directorate of Civil Works.
[FR Doc. 03-25205 Filed 10-3-03; 8:45 am]
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