82 FR 49113 - United States Navy Danger Zone, East Pearl River, Within the Acoustic Buffer Area of the John C. Stennis Space Center, and Adjacent to Lands, in Hancock County, Mississippi

DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers

Federal Register Volume 82, Issue 204 (October 24, 2017)

Page Range		49113-49114
FR Document		2017-23004

The U.S. Army Corps of Engineers published a document in the Federal Register on December 14, 2016, proposing to revise its regulations to establish a danger zone in the East Pearl River within the acoustic buffer of NASA's John C. Stennis Space Center on the East Pearl River, in Hancock County, Mississippi. The Navy requested establishment of a danger zone on waterways and tributaries of the East Pearl River that are used by Naval Special Warfare units to conduct riverine training exercises. The purpose of the danger zone is to ensure public safety by restricting access within the danger zone during training events.

Federal Register, Volume 82 Issue 204 (Tuesday, October 24, 2017)

[Federal Register Volume 82, Number 204 (Tuesday, October 24, 2017)]
[Rules and Regulations]
[Pages 49113-49114]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-23004]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 334

[COE-2016-0014]


United States Navy Danger Zone, East Pearl River, Within the 
Acoustic Buffer Area of the John C. Stennis Space Center, and Adjacent 
to Lands, in Hancock County, Mississippi

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

ACTION: Final rule.

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SUMMARY: The U.S. Army Corps of Engineers published a document in the 
Federal Register on December 14, 2016, proposing to revise its 
regulations to establish a danger zone in the East Pearl River within 
the acoustic buffer of NASA's John C. Stennis Space Center on the East 
Pearl River, in Hancock County, Mississippi. The Navy requested 
establishment of a danger zone on waterways and tributaries of the East 
Pearl River that are used by Naval Special Warfare units to conduct 
riverine training exercises. The purpose of the danger zone is to 
ensure public safety by restricting access within the danger zone 
during training events.

DATES: Effective date: November 24, 2017.

ADDRESSES: Headquarters, U.S. Army Corps of Engineers, Operations and 
Regulatory Community of Practice, 441 G Street NW., Washington, DC 
20314-1000.

FOR FURTHER INFORMATION CONTACT: Mr. David Olson, Headquarters, 
Operations and Regulatory Community of Practice, Washington, DC at 202-
761-4922 or by email at [email protected] or Ms. Kristi 
Hall, U.S. Army Corps of Engineers, Vicksburg District, Regulatory 
Branch, at 601-631-7529 or by email at [email protected].

SUPPLEMENTARY INFORMATION: Pursuant to its authorities under Section 7 
of the Rivers and Harbors Act of 1917 (40 State 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 restricted area regulations at 33 CFR 
part 334 by adding Sec.  334.784 to establish a danger zone along the 
East Pearl River. The amendment to this regulation will allow the 
Commanding Officer of Naval Construction Battalion Center, Gulfport, 
Mississippi (or his/her designee) to restrict passage of persons, 
watercraft, and vessels in the waters within the danger zone during 
Department of Defense training for conducting coastal and riverine 
special operations in support of global military missions. This area is 
referred to as a danger zone due to the use of short-range training 
ammunition within riverine areas.
    The proposed rule was published in the December 14, 2016 edition of 
the Federal Register (81 FR 90292) with the docket number COE-2016-0014 
and one comment was received. The commenter requested additional 
information on frequency or likely frequency of the utilization of the 
danger zone and suggested the description of the danger zone implied 
some portion of the river would be open for boat traffic during 
training exercises. The training has been occurring within the proposed 
danger zone since 2004 and the formal establishment of the zone would 
not increase or decrease the frequency of training, change the type of 
training, or expand training. A vessel that needs to transit the danger 
zone when it is activated may do so if the operator of the vessel 
obtains permission from the Commanding Officer, Naval Construction 
Battalion Center, Gulfport or his or her designees. Furthermore, the 
description of the danger zone has been modified to omit reference to 
``left descending bank'' to avoid confusion.
    On December 14, 2016, the Corps' Vicksburg District issued a public 
notice soliciting comments on the proposed rule from all known 
interested parties and one comment was received. The commenter 
requested training be limited during posted hunting seasons. The 
establishment of the danger zone is for the purpose of public safety 
and to preserve current military training vital to ensuring combat 
ready forces, so training cannot be limited during posted hunting 
seasons.

Procedural Requirements

a. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    The Corps has made a determination this rule is not a significant 
regulatory action. This regulatory action determination is based on the 
size, duration, and location of the danger zone. The danger zone 
occupies a small portion of the waterway and will only be activated 
during naval training exercises. A vessel that needs to transit the 
danger zone when it is activated may do so if the operator of the 
vessel obtains permission from the Commanding Officer, Naval 
Construction Battalion Center, Gulfport or his or her designees.

b. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider

[[Page 49114]]

the potential impact of regulations on small entities during 
rulemaking. The term ``small entities'' comprises small businesses, 
not-for-profit organizations that are independently owned and operated 
and are not dominant in their fields, and governmental jurisdictions 
with populations of less than 50,000.
    The Corps certifies under 5 U.S.C. 605(b) that this rule would not 
have a significant economic impact on a substantial number of small 
entities. While some owners or operators of vessels that intend to 
transit the danger zone may be small entities, for the reasons stated 
in paragraph (a) above this rule would not have a significant economic 
impact on any vessel owner or operator. In addition, the danger zone is 
necessary to protect public safety during training exercises. Small 
entities can utilize navigable waters outside of the danger zone when 
the danger zone is activated. Small entities may also transit the 
danger zone when it is activated, as long as they obtain permission 
from the Commanding Officer, Naval Construction Battalion Center, 
Gulfport or his/her designees. After considering the economic impacts 
of this danger zone regulation on small entities, I certify that this 
action will not have a significant impact on a substantial number of 
small entities.

c. Review Under the National Environmental Policy Act

    An environmental assessment (EA) has been prepared. We have 
concluded that the establishment of the restricted area will not have a 
significant impact to the quality of the human environment and, 
therefore, preparation of an environmental impact statement is not 
required. The final EA and Finding of No Significant Impact may be 
reviewed at the District Office listed at the end of the FOR FURTHER 
INFORMATION CONTACT section, above.

d. Unfunded Mandates Reform 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 Reform Act (Public Laws 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 
rule.

List of Subjects in 33 CFR Part 334

    Danger zones, Marine safety, Navigation (water), Restricted areas, 
Waterways.

    For the reasons stated in the preamble, the Corps is amending 33 
CFR part 334 as follows:

PART 334--DANGER ZONE AND RESTRICTED AREA REGULATIONS

0
1. The authority citation for 33 CFR 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. Add Sec.  334.784 to read as follows:


Sec.  334.784  East Pearl River, within the acoustic buffer area of the 
John C. Stennis Space Center, and adjacent to lands, in Hancock County, 
Mississippi; danger zone.

    (a) The area. A danger zone is established in and to the extent of 
waters of the United States, as defined in 33 CFR part 329, in the 
following reaches of the East Pearl River south of a point located at 
latitude 30.4030[deg] N., longitude -89.6815[deg] W., to a point below 
the confluence of Mikes River, located at latitude 30.3561[deg] N., 
longitude -89.6514[deg] W. The datum for these coordinates is NAD 1983.
    (b) The regulation. (1) No person, vessel, or other watercraft, 
other than a vessel owned and operated by the United States, shall 
enter or remain in the danger zone, or within a portion or portions 
thereof, when closed to public access, as provided in paragraph (b)(2) 
of this section, except by permission of the Commanding Officer, Naval 
Construction Battalion Center, Gulfport or such other person(s) as he 
or she may designate.
    (2) The danger zone, or a portion or portions thereof, will be 
closed, for riverine, weapons, or other dangerous naval training, by 
placement of Government picket boats at the northern and southern 
boundaries in the East Pearl River, or at such other location(s) within 
the danger zone as may be determined to be sufficient to protect the 
public. Prior to closure, picket boats will transit the area(s) to be 
closed, to ensure that no persons, vessels, or other watercraft are 
present. Once the danger zone, or location(s) within the danger zone, 
has been cleared, picket boats will remain in position, upstream and 
downstream, until it is safe to re-open the area(s) to public access.
    (3) Riverine, weapons, and other dangerous naval training may occur 
on any day of the week, typically, but not exclusively, in periods of 
two to eight hours, between 6 a.m. and 6 p.m. Training may occur at 
night, in darkness.
    (c) Enforcement. The restrictions on public access in this section 
shall be enforced by the Commanding Officer, Naval Construction 
Battalion Center, Gulfport or by such other person(s) as he or she may 
designate.

    Dated: October 18, 2017.
Thomas P. Smith,
Chief, Operations and Regulatory Division, Directorate of Civil Works.
[FR Doc. 2017-23004 Filed 10-23-17; 8:45 am]
BILLING CODE 3720-58-P

49114 Federal Register / Vol. 82, No. 204 / Tuesday, October 24, 2017 / Rules and Regulations

the potential impact of regulations on For the reasons stated in the Gulfport or by such other person(s) as
small entities during rulemaking. The preamble, the Corps is amending 33 he or she may designate.
term ‘‘small entities’’ comprises small CFR part 334 as follows: Dated: October 18, 2017.
businesses, not-for-profit organizations Thomas P. Smith,
that are independently owned and PART 334—DANGER ZONE AND
RESTRICTED AREA REGULATIONS Chief, Operations and Regulatory Division,
operated and are not dominant in their Directorate of Civil Works.
fields, and governmental jurisdictions
■ 1. The authority citation for 33 CFR [FR Doc. 2017–23004 Filed 10–23–17; 8:45 am]
with populations of less than 50,000.
part 334 continues to read as follows: BILLING CODE 3720–58–P
The Corps certifies under 5 U.S.C.
605(b) that this rule would not have a Authority: 40 Stat. 266 (33 U.S.C. 1) and
40 Stat. 892 (33 U.S.C. 3).
significant economic impact on a
substantial number of small entities. ■ 2. Add § 334.784 to read as follows: DEPARTMENT OF EDUCATION
While some owners or operators of
§ 334.784 East Pearl River, within the 34 CFR Parts 668, 674, 682, and 685
vessels that intend to transit the danger acoustic buffer area of the John C. Stennis
zone may be small entities, for the Space Center, and adjacent to lands, in [Docket ID ED–2017–OPE–0108]
reasons stated in paragraph (a) above Hancock County, Mississippi; danger zone. RIN 1840–AD25
this rule would not have a significant (a) The area. A danger zone is
economic impact on any vessel owner established in and to the extent of Student Assistance General
or operator. In addition, the danger zone waters of the United States, as defined Provisions, Federal Perkins Loan
is necessary to protect public safety in 33 CFR part 329, in the following Program, Federal Family Education
during training exercises. Small entities reaches of the East Pearl River south of Loan Program, William D. Ford Federal
can utilize navigable waters outside of a point located at latitude 30.4030° N., Direct Loan Program, and Teacher
the danger zone when the danger zone longitude ¥89.6815° W., to a point Education Assistance for College and
is activated. Small entities may also below the confluence of Mikes River, Higher Education Grant Program
transit the danger zone when it is located at latitude 30.3561° N.,
activated, as long as they obtain longitude ¥89.6514° W. The datum for AGENCY: Office of Postsecondary
permission from the Commanding these coordinates is NAD 1983. Education, Department of Education.
Officer, Naval Construction Battalion (b) The regulation. (1) No person, ACTION: Interim final rule; delay of
Center, Gulfport or his/her designees. vessel, or other watercraft, other than a effective date; request for comments.
After considering the economic impacts vessel owned and operated by the
of this danger zone regulation on small United States, shall enter or remain in SUMMARY: Consistent with section
entities, I certify that this action will not the danger zone, or within a portion or 553(b)(3)(B) and (d)(3) of the
have a significant impact on a portions thereof, when closed to public Administrative Procedure Act (APA),
substantial number of small entities. access, as provided in paragraph (b)(2) which allows Federal agencies to
of this section, except by permission of promulgate rules without advance
c. Review Under the National notice and opportunity for comment for
Environmental Policy Act the Commanding Officer, Naval
Construction Battalion Center, Gulfport good cause, the Secretary issues this
An environmental assessment (EA) or such other person(s) as he or she may interim final rule with request for
has been prepared. We have concluded designate. comment. This interim final rule delays
that the establishment of the restricted (2) The danger zone, or a portion or until July 1, 2018, the effective date of
area will not have a significant impact portions thereof, will be closed, for selected provisions of the final
to the quality of the human environment riverine, weapons, or other dangerous regulations entitled Student Assistance
and, therefore, preparation of an naval training, by placement of General Provisions, Federal Perkins
environmental impact statement is not Government picket boats at the northern Loan Program, Federal Family
required. The final EA and Finding of and southern boundaries in the East Education Loan (FFEL) Program,
No Significant Impact may be reviewed Pearl River, or at such other location(s) William D. Ford Federal Direct Loan
at the District Office listed at the end of within the danger zone as may be Program, and Teacher Education
the FOR FURTHER INFORMATION CONTACT determined to be sufficient to protect Assistance for College and Higher
section, above. the public. Prior to closure, picket boats Education Grant Program (the final
will transit the area(s) to be closed, to regulations), published in the Federal
d. Unfunded Mandates Reform Act Register on November 1, 2016. The
ensure that no persons, vessels, or other
This rule does not impose an watercraft are present. Once the danger provisions this interim final rule delays
enforceable duty among the private zone, or location(s) within the danger are listed in the SUPPLEMENTARY
sector and, therefore, is not a Federal zone, has been cleared, picket boats will INFORMATION section of this document.
private sector mandate and is not remain in position, upstream and The original effective date of the final
subject to the requirements of Section downstream, until it is safe to re-open regulations was July 1, 2017.
202 or 205 of the Unfunded Mandates the area(s) to public access. DATES: Effective date: As of October 24,
Reform Act (Public Laws 104–4, 109 (3) Riverine, weapons, and other 2017, the effective date for the
Stat. 48, 2 U.S.C. 1501 et seq.). We have dangerous naval training may occur on amendments to or additions of:
also found, under Section 203 of the any day of the week, typically, but not §§ 668.14(b)(30), (31), and (32);
Act, that small governments will not be exclusively, in periods of two to eight 668.41(h) and (i); 668.71(c); 668.90(a)(3);
pmangrum on DSK3GDR082PROD with RULES

significantly or uniquely affected by this hours, between 6 a.m. and 6 p.m. 668.93(h), (i), (j); 668.171; 668.175 (c)
rule. Training may occur at night, in and (d) and (f) and (h); Appendix C to
darkness. Subpart L of Part 668; 674.33(g)(3) and
List of Subjects in 33 CFR Part 334
(c) Enforcement. The restrictions on (g)(8); 682.202(b)(1); 682.211(i)(7);
Danger zones, Marine safety, public access in this section shall be 682.402(d)(3), (d)(6)(ii)(B)(1) and (2),
Navigation (water), Restricted areas, enforced by the Commanding Officer, (d)(6)(ii)(F) introductory text,
Waterways. Naval Construction Battalion Center, (d)(6)(ii)(F)(5), (d)(6)(ii)(G), (d)(6)(ii)(H)

VerDate Sep<11>2014 15:12 Oct 23, 2017 Jkt 244001 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\24OCR1.SGM 24OCR1

Document Created: 2018-10-25 10:11:05
Document Modified: 2018-10-25 10:11:05

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		Effective date: November 24, 2017.
Contact		Mr. David Olson, Headquarters, Operations and Regulatory Community of Practice, Washington, DC at 202- 761-4922 or by email at [email protected] or Ms. Kristi Hall, U.S. Army Corps of Engineers, Vicksburg District, Regulatory Branch, at 601-631-7529 or by email at [email protected]
FR Citation		82 FR 49113
CFR Associated		Danger Zones; Marine Safety; Navigation (Water); Restricted Areas and Waterways

82 FR 49113 - United States Navy Danger Zone, East Pearl River, Within the Acoustic Buffer Area of the John C. Stennis Space Center, and Adjacent to Lands, in Hancock County, Mississippi

DEPARTMENT OF DEFENSEDepartment of the Army, Corps of Engineers

Federal Register Volume 82, Issue 204 (October 24, 2017)

DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers