[Federal Register Volume 85, Number 71 (Monday, April 13, 2020)]
[Proposed Rules]
[Pages 20460-20463]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07184]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers
[COE-2018-0008]
RIN 0710-AA90
36 CFR Part 327
Rules and Regulations Governing Public Use of Water Resource
Development Projects Administered by the Chief of Engineers
AGENCY: United States Army Corps of Engineers, DoD.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Department of the Army, through the United States Army
Corps of Engineers (``Corps''), is soliciting comments on its proposed
revision of its regulation that governs the possession and
transportation of firearms and other weapons at Corps water resources
development projects (``projects''). This proposed revision would align
the Corps regulation with the regulations of the other Federal land
management agencies by removing the need for an individual to obtain
written permission before possessing a weapon on Corps projects.
DATES: Written comments must be submitted on or before June 12, 2020.
ADDRESSES: You may submit comments, identified by docket number COE-
[[Page 20461]]
2018-0008, by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov. Follow the
instructions for submitting comments.
Email: [email protected]. Include the docket number, COE-
2018-0008, in the subject line of the message.
Mail: U.S. Army Corps of Engineers, Attn: CECW-CO-N, Steve Austin
3F68, 441 G Street NW, Washington, DC 20314-1000.
Hand Delivery/Courier: Due to security requirements, the Corps
cannot receive comments by hand delivery or courier.
Instructions: Direct your comments to docket number COE-2018-0008.
All comments received will be included in the public docket without
change and may be made available on-line at http://www.regulations.gov,
including any personal information provided, unless the commenter
indicates that the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI, or otherwise protected, through regulations.gov or
email. The regulations.gov website is an anonymous access system, which
means we will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email directly
to the Corps without going through regulations.gov, your email address
will be automatically captured and included as part of the comment that
is placed in the public docket and made available on the internet. If
you submit an electronic comment, we recommend that you include your
name and other contact information in the body of your comment and with
any compact disc you submit. If we cannot read your comment because of
technical difficulties and cannot contact you for clarification, we may
not be able to consider your comment. Electronic comments should avoid
the use of any special characters, any form of encryption, and be free
of any defects or viruses.
Docket: For access to the docket to read background documents or
comments received, go to www.regulations.gov. All documents in the
docket are listed. Although listed in the index, some information is
not publicly available, such as CBI or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form.
FOR FURTHER INFORMATION CONTACT: Stephen Austin, Headquarters, U.S.
Army Corps of Engineers, Operations and Regulatory Community of
Practice, Washington, DC at 202-761-4489.
SUPPLEMENTARY INFORMATION: The proposed revision would change Corps
policy regarding the procedure an individual must follow to possess a
weapon on Corps projects. The Corps is authorized to issue this
regulation under 16 U.S.C. 460, which states ``[t]he water areas of all
. . . [water resources development] projects shall be open to public
use . . . and ready access to and exit from such areas along the shores
of such projects shall be maintained for general public use . . . under
such rules and regulations as the Secretary of the Army may deem
necessary.'' This authority extends to ``the waters of such projects''
and ``any land federally owned and administered by the Chief of
Engineers'' at the projects. 16 U.S.C. 460d; see also 36 CFR 327.0 &
327.1(c). For purposes of this regulation, this authority would cover,
for example, Lake Lanier in northern Georgia, Stanislaus River Parks in
central California, and Melvin Price Lock and Dam on the Mississippi
River north of St. Louis, Missouri. This authority would not cover
projects such as ecosystem restoration, navigation channel maintenance,
or coastal storm risk management projects even though they may have
been authorized in a Water Resources Development Act.
Specifically, the proposed revision would remove the requirement
that an individual obtain written permission before possessing a weapon
on a Corps project, which is a requirement except when the possession
occurs for certain authorized recreation purposes. In doing so, the
revised regulation would permit an individual to possess a weapon and
associated ammunition when the possession both complies with the
Federal, state, and local law where the project is located, and the
individual is not otherwise prohibited by law from possessing the
weapon. This change would reduce the burden on the public by
eliminating the requirement to obtain written permission before
possessing a weapon, but it would not change the fact that individuals
already may, at present, possess weapons on Corps projects if they
receive appropriate permission.
The current Corps regulation, 36 CFR 327.13, allows visitors on
Corps projects to possess weapons such as firearms only after written
permission has been received from the District Commander. Law
enforcement officers are excepted from this requirement, as are
individuals possessing weapons when the weapon is being used for
hunting or fishing, as provided in 36 CFR 327.8, or is being used at an
authorized shooting range. Written permission from the District
Commander is also required to possess explosives and explosive devices,
including fireworks.
In proposing to revise the regulation, the Corps intends to remove
the requirement that individuals must apply for written permission from
the District Commander before possessing a weapon. Written permission
would still be required to possess explosives and explosive devices.
Individuals possessing or transporting a weapon would need to meet the
Federal, state and local requirements for doing so in the jurisdiction
where the Corps project is located, such as by possessing a valid state
permit or license. Individuals prohibited by any law from possessing or
transporting a weapon would not be permitted to do so on a Corps
project. The prohibition on firearms and dangerous weapons in Federal
facilities, 18 U.S.C. 930, would continue to apply to those Corps
facilities falling within the coverage of that statute.
In addition, the proposed revision would give the District
Commander the discretion to modify or revoke the permissions granted
under this section when issuing a special event permit under 36 CFR
327.21. Special events require written permission granted by the
District Commander. Restrictions may be imposed for security, public
safety, or other reasons deemed necessary by the District Commander.
Conditions of the special event may include weapon restrictions, and
allow the District Commander to revoke permissions upon failure to
comply with the terms and conditions of the special event permit.
Legal Authority: The Corps is authorized to promulgate regulations
pertaining to the operation of public parks and recreational facilities
in the water resource development projects within Corps jurisdiction,
as well as for the use, administration, and navigation of the navigable
waters of the United States. 16 U.S.C. 460d; 33 U.S.C. 1, 28 Stat 362.
Generally, these regulations govern the conduct of public visitors on
Corps projects.
Overview: In recent years, other Federal land management agencies
have amended their regulations to make them consistent with the law of
the state in which the federal lands are located. See, e.g., National
Park Service (36 CFR 2.4); U.S. Fish and Wildlife Service's National
Wildlife Refuge System (50 CFR 27.42); Bureau of Land Management (43
CFR 8365.1-7); Bureau
[[Page 20462]]
of Reclamation (43 CFR 423.30); U.S. Forest Service (36 CFR 261.8(b),
261.57(c)). The approach taken in this proposed rule is consistent with
other Federal agencies. Following these other Federal agencies, the
Corps now proposes to revise its regulations for conformity with the
approach taken toward other Federally managed lands.
The written permission requirement in the current Corps regulation
is inconsistent with the regulations and approach by the other Federal
land management agencies, which generally authorize the possession of
weapons when in accordance with state and local laws and the individual
is not otherwise prohibited by law from possessing the weapon. The
revision would also streamline and clarify the requirements to possess
weapons on a Corps project for persons traveling to Corps projects from
surrounding state areas or areas managed by other Federal agencies.
The Corps is proposing this revision in order to update the Corps
regulations in a way that more appropriately reflects the current state
and local regulation of the possession of weapons, and firearms in
particular. The Corps believes that the current Corps regulation, by
requiring individuals to obtain written permission before possessing a
weapon, is burdensome on the public and the Corps without providing any
corresponding benefit. The current regulation was promulgated before
many of the current state laws governing the possession of weapons, in
particular the possession of firearms by private individuals for self-
defense and other purposes. Following the developments in state law
since that time, the Corps believes it is now appropriate to join the
other Federal land management agencies in deferring to state law
requirements, as the Corps already does for other land management
practices. The Corps believes the proposed revision will benefit the
public by eliminating the burden to apply for written permission from
the Corps as well as by aligning the requirements for possessing a
weapon on Corps projects lands with the requirements applicable to the
areas surrounding a project.
If finalized, the Corps' policies relating to the possession of
firearms on their projects would be substantively the same as the
policies of other Federal land management agencies. The Corps believes
that such conformity is important for reducing confusion among the
public. The Corps is soliciting comments on all aspects of this
proposal but are particularly interested in knowing whether, in the
interest of further conformity, it should consider additional revisions
to further align with the regulations of other land management
agencies. The Corps is also interested in whether the impacts of the
proposal estimated below are accurate.
Impacts
Individuals are required under the current regulation to submit a
letter to the District Commander requesting approval to carry a weapon.
If finalized, this proposal would remove that requirement. One of the
benefits of this rule would thus be the savings associated with that
removal. The Corps estimates these savings to be $2,340. If finalized,
this rule would also make the Corps policy on carrying a weapon
consistent with the policies of other Federal agencies. Another benefit
of this rule would thus be improved clarity for the public resulting
from that conformity. The Corps is not able to quantify the benefits
associated from that improved clarity.
The Corps current regulations at 36 CFR 327.13 do not identify the
specific information that individuals must include in their written
request to the Corps to carry a firearm at Corps projects. However,
based on the written requests the Corps has received in the past, we
estimate that it takes approximately one hour for an individual to
complete and mail to the District Commander the request. Based on a
current Federal minimum wage of $7.25 per hour and the cost of a first
class stamp being $0.55, we estimate the cost associated with each
request to be $7.80. Based on the number of requests the Corps received
during the period of 15 May 2018 through 15 May 2019, we estimate that
individuals submit approximately 300 letters per year. That results in
the application cost associated with the current requirements being
approximately $2,340 per year. A benefit of this rule is the removal of
that transaction cost.
In addition, removing the requirement that an individual obtain
written permission from the District Commander, and instead requiring
compliance with the laws otherwise applicable where the Corps project
is located, would reduce confusion by further aligning the land
management practices of the Corps with the practices of the National
Park Service, Bureau of Reclamation, Bureau of Land Management, and
U.S. Forest Service.
The Corps is not aware of any costs that would result from this
rule if it were finalized but solicits comment from the public on the
matter.
Alternatives
In proposing this revision to 36 CFR 327.13, the Corps considered
three alternatives: The proposed regulation revision (``Preferred
Alternative''); no action (``No Action Alternative''); and, revising
the regulation to permit the possession of weapons when consistent with
Federal, state, and local laws so long as the weapon is carried either
unloaded or concealed on the person, or is being used for hunting,
fishing, or target shooting (``Concealed Carry Alternative''). When the
Corps evaluated these alternatives, we found that the No Action
Alternative would result in continued inconsistencies between the Corps
regulation and the regulations of the other Federal land management
agencies, as well as inconsistencies in the requirements for possessing
a weapon on Corps project lands as compared to the surrounding areas.
The Concealed Carry Alternative would revise the current Corps
regulation to be more consistent with the regulations of other Federal
agencies, but it also would create potentially confusing differences
between the Corps regulation and the others by establishing its own
rules on how weapons must be carried. It would place an unacceptable
level of enforcement responsibility on Corps park rangers, who are
unarmed and have limited law enforcement authority. The Preferred
Alternative is this proposed action, which is the promulgation of a
rule that revises the Corps regulation for consistency with the other
Federal land management agencies and to defer to state and local
requirements. The Corps consideration of these alternatives is further
discussed in the Environmental Assessment included as a supporting
document in the docket for this action. The Corps has not identified
any other reasonable alternatives that warrant consideration.
Executive Orders
a. Review Under Executive Orders 12866 and 13563
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. This proposed rule has been designated a ``significant
regulatory action'' under Executive Order 12866. Accordingly, this
proposed rule has been reviewed by the Office of Management and Budget
(OMB).
b. Review Under Executive Order 13771
This proposed rule is not expected to be subject to the
requirements of Executive Order 13771 because it is expected to impose
de minimis impacts.
[[Page 20463]]
c. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider 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.
I certify that this action will not have a significant impact on a
substantial number of small entities.
d. Review Under the National Environmental Policy Act
Due to the procedural nature of this action and because there is no
intended change in the use of the areas subject to this regulation, the
Corps expects that this regulation, if adopted, will not have a
significant impact to the quality of the human environment. Therefore,
preparation of an environmental impact statement will not be required.
A draft environmental assessment has been prepared for publication in
conjunction with the public notice period and is included as a
supporting document in the docket for this action.
e. Unfunded Mandates Act
This proposed rule does not impose an enforceable duty among the
private sector and, therefore, it is not a Federal private sector
mandate and it is not subject to the requirements of either Section 202
or Section 205 of the Unfunded Mandates Act. We have also found under
Section 203 of the Act, that small governments will not be
significantly and uniquely affected by this rulemaking.
f. Paperwork Reduction Act
The information collection activities in this proposal have not
been approved by the Office of Management and Budget (OMB) under the
Paperwork Reduction Act (PRA). However, if finalized, this rule would
remove the requirement for that collection of information by
eliminating the need to submit a letter to the District Commander
asking for approval to possess weapon.
List of Subjects in 36 CFR Part 327
Penalties, Recreation and recreation areas, Water resources.
For the reasons set out in the preamble, the Corps proposes 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
0
1. The authority citation for part 327 continues to read as follows:
Authority: 16 U.S.C. 460d; 16 U.S.C. 4601-6a; Sec. 210, Pub. L.
90-483, 82 Stat. 746; 33 U.S.C. 1, 28 Stat. 362.
0
2. In Sec. [thinsp]327.13:
0
a. Revise paragraph (a);
0
b. Redesignate paragraph (b) as paragraph (d); and
0
c. Add new paragraphs (b) and (c).
The revision and additions read as follows:
Sec. 327.13 Explosives, firearms, other weapons and fireworks.
(a) An individual may possess or transport a weapon on any project
provided that:
(1) The individual is not otherwise prohibited by Federal, state,
or local law from possessing or transporting such weapon; and
(2) The possession or transportation of such weapon is in
compliance with applicable Federal, state, and local law.
(b) As used in this section, ``weapon'' includes any firearm as
defined in 18 U.S.C. 921(a)(3)(A), bow and arrow, crossbow, or other
projectile firing device.
(c) The District Commander may modify or revoke the permissions
granted by this section when issuing a special event permit under Sec.
327.21.
(d) Possession of explosives or explosive devices of any kind,
including fireworks or other pyrotechnics, is prohibited unless written
permission has been received from the District Commander.
R.D. James,
Assistant Secretary of the Army (Civil Works).
[FR Doc. 2020-07184 Filed 4-10-20; 8:45 am]
BILLING CODE 3720-58-P