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Mix-Ansicht- US-Army Sets Danger Zone at Fort Knox - rodex, 29.07.2004, 17:58
US-Army Sets Danger Zone at Fort Knox
-->27 July 2004
Source: http://www.access.gpo.gov/su_docs/aces/fr-cont.html
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[Federal Register: July 27, 2004 (Volume 69, Number 143)]
[Proposed Rules]
[Page 44613-44614]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27jy04-25]
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DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers
33 CFR Part 334
RIN 0710-AA58
United States Army Danger Zone; Salt River, Rolling Fork River,
and Otter Creek; U.S. Army Garrison, Fort Knox Military Reservation;
Fort Knox, Kentucky
AGENCY: United States Army Corps of Engineers, Department of Defense.
ACTION: Notice of proposed rulemaking and request for comments.
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SUMMARY: The Corps of Engineers is proposing regulations to establish a
danger zone on navigable portions of the Salt River and the Rolling
Fork River and the non-navigable portions of Otter Creek, within the
installation boundaries of the Fort Knox Military Reservation. These
regulations will enable the Army to prohibit public access to the area
and enhance safety and security within active military impact and
training areas. The Salt River passes through an active military area.
Unexploded ordnance (UXO) from military weapons firing is located
within the area along the river and a multi-purpose digital training
range is under construction in this area. The Salt River is also used
for river training activities. Training and military weapons firing
activities occur approximately 320 days per year in this area. The
Rolling Fork River passes through the center of theYano Multi-purpose
Training Range. Weapons firing
from artillery, M1A2 Abrams Tanks, Bradley Fighting Vehicles,
helicopters, and other weapons systems occur approximately 320 days of
each year. Otter Creek runs through the installation. Otter Creek
travels through Training Areas 8, 9 and 10. These areas are used to
train soldiers for combat operation training on M1A2 Abrams Tanks and
Bradley Fighting Vehicles. Artillery simulators and other explosive
devices are used for these training activities, presenting a risk to
civilians entering the area. These regulations are necessary to protect
the public from potentially hazardous conditions that may exist as a
result of Army use and security of the area. The regulations will also
safeguard government personnel and property from sabotage and other
subversive acts, accidents, or incidents of similar nature.
DATES: Written comments must be submitted on or before August 26, 2004.
ADDRESSES: U.S. Army Corps of Engineers, ATTN: CECW-CO, 441 G Street,
NW., Washington, DC 20314-1000.
FOR FURTHER INFORMATION CONTACT: Mr. Alan Miller, Headquarters
Regulatory Branch, Washington, DC at (202) 761-7763, or Ms. Amy S.
Babey, Corps of Engineers, Louisville District, at (502) 315-6691.
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 proposes to amend the danger zone regulations in 33
CFR part 334 by adding Sec. 334.855 which establishes a danger zone in
the navigable portions of Salt River and Rolling Fork River, and non-
navigable portions of Otter Creek within the Ft. Knox Military
Reservation installation boundaries. To better protect the Army
personnel stationed at the facility and the general public, the Army
has requested the Corps of Engineers establish a Danger Zone. This
would enable the Army to keep persons and vessels out of the area at
all times, except with the permission of the Commanding General, U.S.
Army Garrison, Ft. Knox Military Reservation, Fort Knox, Kentucky, or
his/her authorized representative.
Procedural Requirements
a. Review under Executive Order 12866.
This proposed 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.
These proposed rules have 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 the establishment of this danger zone would have
minimal impact on the public, no anticipated navigational hazard or
interference with existing waterway traffic and accordingly, certifies
that this proposal if adopted, would have no significant economic
impact on small entities.
c. Review under the National Environmental Policy Act.
A preliminary environmental assessment has been prepared for this
action. The District expects, due to the minor nature of the proposed
additional restricted area regulations, that this action, if adopted,
would not have a significant impact on the quality of the human
environment, and preparation of an environmental impact statement is
not required. The environmental assessment may be reviewed at the
District office listed at the end of FOR FURTHER INFORMATION CONTACT,
above.
d. Unfunded Mandates Act.
This proposed 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. We have also found under Section 203 of the Act,
that small Governments would not be significantly and uniquely affected
by this rulemaking.
List of Subjects in 33 CFR Part 334
Danger zones, Marine safety, Restricted areas, Navigation (water),
Restricted areas, Waterways.
For the reasons set out in the preamble, the Corps proposes to
amend 33 CFR part 334, as follows:
PART 334-DANGER ZONE AND RESTRICTED AREA REGULATIONS
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)
2. Section 334.855 would be added to read as follows:
Sec. 334.855 Salt River, Rolling Fork River, Otter Creek; U.S. Army
Garrison, Fort Knox Military Reservation; Fort Knox, Kentucky; Danger
Zone.
(a) The area. Salt River from Point A (37[deg]59'31.72''N;
85[deg]55'32.98''W) located approximately 1.2 miles southeast of West
Point, Kentucky; southward to its confluence with the Rolling Fork
River. Salt River from Point B (37[deg]57'51.32''N; 85[deg]45'37.14''W)
located approximately 2.8 miles southwest of Shepherdsville, Kentucky;
southward to its confluence with the Rolling Fork River. Rolling Fork
River from Point C (37[deg]49'59.27''N; 85[deg]45'37.74''W) located
approximately 1.6 miles southwest of Lebanon Junction, Kentucky
northward to its confluence with the Salt River. Otter Creek from Point
D (37[deg]51'31.77''N; 86[deg]00'03.79''W) located approximately 3.4
miles north of Vine Grove, Kentucky to Point E (37[deg]55'21.95''N;
86[deg]01'47.38''W) located approximately 2.3 miles southwest of
Muldraugh.
(b) The regulation. All persons, swimmers, vessels and other craft,
except those vessels under the supervision or contract to local
military or Army authority, vessels of the United States Coast Guard,
and federal, local or state law enforcement vessels, are prohibited
from entering the danger zones without permission from the Commanding
General, U.S. Army Garrison, Fort Knox Military Reservation, Fort Knox,
Kentucky or his/her authorized representative.
(c) Enforcement. The regulation in this section, promulgated by the
United States Army Corps of Engineers, shall be enforced by the
Commanding General, U.S. Army Garrison, Fort Knox Military Reservation,
Fort Knox, Kentucky and/or other persons or agencies as he/she may
designate.
Dated: July 19, 2004.
Michael B. White,
Chief, Operations, Directorate of Civil Works.
[FR Doc. 04-16922 Filed 7-26-04; 8:45 am]
BILLING CODE 3710-92-P
<ul> ~ http://cryptome.org/usace072704.txt</ul>
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