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Federal Register/Vol. 70, No. 57/Friday, March 25, 2005/Rules 15228 Federal Register / Vol. 70, No. 57 / Friday, March 25, 2005 / Rules and Regulations DEPARTMENT OF DEFENSE FOR FURTHER INFORMATION CONTACT: Mr. Impact Statement is not required. The David B. Olson, Headquarters EA may be reviewed by contacting the Department of the Army; Corps of Regulatory Branch, Washington, DC at District office listed at the end of the Engineers (202) 761–4922, or Ms. Amy S. Babey, FOR FURTHER INFORMATION CONTACT Corps of Engineers, Louisville District, section, above. 33 CFR Part 334 at (502) 315–6691. d. Unfunded Mandates Act SUPPLEMENTARY INFORMATION: Pursuant United States Army Danger Zone; Salt This rule does not impose an River, Rolling Fork River, and Otter to its authorities in Section 7 of the Rivers and Harbors Act of 1917 (40 Stat enforceable duty among the private Creek; U.S. Army Garrison, Fort Knox sector and, therefore, is not a Federal Military Reservation; Fort Knox, KY 266; 33 U.S.C. 1) and Chapter XIX, of the Army Appropriations Act of 1919 private sector mandate and is not AGENCY: U.S. Army Corps of Engineers, (40 Stat 892; 33 U.S.C. 3) the Corps is subject to the requirements of Section DoD. amending the danger zone regulations 202 or 205 of the Unfunded Mandates ACTION: Final rule. in 33 CFR part 334 by adding Section Act. We have also found under Section 334.855, which establishes a danger 203 of the Act, that small governments SUMMARY: The Corps of Engineers is zone in the navigable portions of Salt would not be significantly and uniquely amending its regulations to establish a River and Rolling Fork River, and non- affected by this rulemaking. danger zone on navigable portions of the navigable portions of Otter Creek, Salt River and the Rolling Fork River e. Submission to Congress and the within the Ft. Knox Military Reservation General Accounting Office and the non-navigable portions of Otter installation boundaries. To better Creek, within the installation protect the Army, personnel stationed at Pursuant to Section 801(a)(1)(A) of the boundaries of the Fort Knox Military the facility, and the general public, the Administrative Procedure Act, as Reservation. These regulations will Army requested the Corps of Engineers amended by the Small Business enable the Army to prohibit public establish a Danger Zone. This would Regulatory Enforcement Fairness Act of access to the area and enhance safety enable the Army to keep persons and 1996, the Army has submitted a report and security within active military vessels out of the area at all times, containing this rule to the U.S. Senate, impact and training areas. except with the permission of the the U.S. House of Representatives, and The Salt River passes through an Commanding General, U.S. Army the Comptroller General of the General active military area. Unexploded Garrison, Ft. Knox Military Reservation, Accounting Office. This rule is not a ordnance (UXO) from military weapons Fort Knox, Kentucky, or his/her major rule within the meaning of firing is located within the areas along authorized representative. Section 804(2) of the Administrative the river and a multi-purpose digital Procedures Act, as amended. training range is under construction in Procedural Requirements List of Subjects in 33 CFR Part 334 this area. The Salt River is also used for a. Review Under Executive Order 12866 river training activities. Training and Danger zones, Marine safety, military weapons firing activities occur This rule is issued with respect to a Restricted areas, Navigation (water), approximately 320 days per year in this military function of the Department of Restricted areas, Waterways. area. The Rolling Fork River passes Defense and the provisions of Executive I For the reasons stated in the preamble, through the center of the Yano Multi- Order 12866 do not apply. the Corps amends 33 CFR part 334 as purpose Training Range. Weapons firing b. Review Under the Regulatory follows: from artillery, M1A2 Abrams Tanks, Flexibility Act Bradley Fighting Vehicles, helicopters, PART 334—DANGER ZONE AND and other weapons systems occur This rule has been reviewed under the RESTRICTED AREA REGULATIONS approximately 320 days of each year. Regulatory Flexibility Act (Pub. L. 96– I 1. The authority citation for part 334 Otter Creek runs through the 354) which requires the preparation of continues to read as follows: installation. Otter Creek travels through a regulatory flexibility analysis for any Training Areas 8, 9, and 10. These areas regulation that will have a significant Authority: 40 Stat. 266 (33 U.S.C. 1) and are used to train soldiers for combat economic impact on a substantial 40 Stat. 892 (33 U.S.C. 3) operation training on M1A2 Abrams number of small entities (i.e., small I 2. Add § 334.855 to read as follows: Tanks and Bradley Fighting Vehicles. businesses and small governments). The § 334.855 Salt River, Rolling Fork River, Artillery simulators and other explosive Corps expects that the economic impact of the establishment of this danger zone Otter Creek; U.S. Army Garrison, Fort Knox devices are used for these training Military Reservation; Fort Knox, Kentucky; activities, presenting a risk to civilians would have minimal impact on the public, no anticipated navigational Danger Zone. entering the area. These regulations are (a) The area. Salt River from Point A necessary to protect the public from hazard or interference with existing waterway traffic and therefore certifies (latitude 37°59′31.72″ N; longitude potentially hazardous conditions that 85°55′32.98″ W) located approximately may exist as a result of Army use and that this rule would have no significant economic impact on small entities. 1.2 miles southeast of West Point, security of the area. The regulations will Kentucky; southward to its confluence also safeguard government personnel c. Review Under the National with the Rolling Fork River. Salt River and property from sabotage and other Environmental Policy Act from Point B (latitude 37°57′51.32″ N; subversive acts, accidents, or incidents The Louisville District has prepared longitude 85°45′37.14″ W) located of similar nature. an Environmental Assessment (EA) for approximately 2.8 miles southwest of DATES: This rule is effective April 25, this action. Due to the minor nature of Shepherdsville, Kentucky; southward to 2005. the additional danger zone regulations, its confluence with the Rolling Fork ADDRESSES: U.S. Army Corps of the Corps has concluded that this action River. Rolling Fork River from Point C Engineers, ATTN: CECW–CO, 441 G would not have a significant impact to (latitude 37°49′59.27″ N; longitude Street, NW., Washington, DC 20314– the quality of the human environment, 85°45′37.74″ W) located approximately 1000. and preparation of an Environmental 1.6 miles southwest of Lebanon VerDate jul<14>2003 15:22 Mar 24, 2005 Jkt 205001 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 E:\FR\FM\25MRR1.SGM 25MRR1 Federal Register / Vol. 70, No. 57 / Friday, March 25, 2005 / Rules and Regulations 15229 Junction, Kentucky northward to its alcohol-based hand rub dispensers in Comments mailed to the addresses confluence with the Salt River. Otter egress corridors under specified indicated as appropriate for hand or Creek from Point D (latitude conditions. This interim final rule with courier delivery may be delayed and 37°51′31.77″ N; longitude 86°00′03.79″ comment period also requires that received after the comment period. W) located approximately 3.4 miles nursing facilities install smoke detectors Submission of comments on north of Vine Grove, Kentucky to Point in resident rooms and public areas if paperwork requirements. You may E (latitude 37°55′21.95″ N; longitude they do not have a sprinkler system submit comments on this document’s 86°01′47.38″ W) located approximately installed throughout the facility or a paperwork requirements by mailing 2.3 miles southwest of Muldraugh. hard-wired smoke detection system in your comments to the addresses (b) The regulation. All persons, those areas. provided at the end of the ‘‘Collection swimmers, vessels and other craft, DATES: Effective date: These regulations of Information Requirements’’ section in except those vessels under the are effective on May 24, 2005. this document. supervision or contract to local military Comments date: To be assured For information on viewing public or Army authority, vessels of the United consideration, comments must be comments, see the beginning of the States Coast Guard, and federal, local or received at one of the addresses SUPPLEMENTARY INFORMATION section. state law enforcement vessels, are provided below, no later than 5 p.m. on FOR FURTHER INFORMATION CONTACT: prohibited from entering the danger May 24, 2005. Danielle Shearer, (410) 786–6617; James zones without permission from the ADDRESSES: In commenting, please refer Merrill, (410) 786–6998; or Mayer Commanding General, U.S. Army to file code CMS–3145–IFC. Because of Zimmerman, (410) 786–6839. Garrison, Fort Knox Military staff and resource limitations, we cannot SUPPLEMENTARY INFORMATION: Reservation, Fort Knox, Kentucky or accept comments by facsimile (FAX) Submitting Comments: We welcome his/her authorized representative. transmission. comments from the public on all issues (c) Enforcement. The regulation in You may submit comments in one of set forth in this rule to assist us in fully this section, promulgated by the United three ways (no duplicates, please): considering issues and developing States Army Corps of Engineers, shall be 1. Electronically. You may submit policies. You can assist us by enforced by the Commanding General, electronic comments on specific issues referencing the file code CMS–3145–IFC U.S. Army Garrison, Fort Knox Military in this regulation to http:// and the specific ‘‘issue identifier’’ that Reservation, Fort Knox, Kentucky and/ www.cms.hhs.gov/regulations/ precedes the section on which you or other persons or agencies as he/she ecomments.
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