[Federal Register Volume 61, Number 39 (Tuesday, February 27, 1996)]
[Proposed Rules]
[Pages 7231-7232]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4346]
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DEPARTMENT OF DEFENSE
Corps of Engineers
33 CFR Part 334
Chesapeake Bay Off Fort Monroe, VA, and Canaveral Harbor Adjacent
to the Navy Pier at Port Canaveral, FL; Restricted Areas
AGENCY: U.S. Army Corps of Engineers, DoD.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Corps proposes to amend the regulations which establish a
restricted area in the waters off of Fort Monroe, which is located at
Hampton Roads in the Chesapeake Bay. The purpose of the amendment is to
increase the size of the restricted area to protect sensitive test
equipment operated by the Navy in that area. The equipment is
susceptible to damage by commercial fishing vessels, anchoring and
dragging. The Corps also proposes to amend the regulations which
establish a restricted area in Canaveral Harbor in the waters adjacent
to the Navy pier at Port Canaveral, Florida. This amendment concerns
the replacement of a warning light system in the Canaveral area. The
change is necessary because the existing rules refer to a red ball
displayed on the Port Canaveral water tower which has been dismantled.
The light has been relocated.
DATES: Comments must be submitted on or before April 12, 1996.
ADDRESS: HQUSACE, CECW-OR, Washington, D.C. 20314-1000.
FOR FURTHER INFORMATION CONTACT: Mr. Ralph Eppard, Regulatory Branch,
CECW-OR at (202) 761-1783, or questions concerning the Fort Monroe
restricted area may be directed to Ms. Alice G. Riley of the Norfolk
District at (804) 441-7389, and questions concerning the Port Canaveral
restricted area may be directed to Ms. Shirley Stokes of the
Jacksonville District at (904) 232-1668.
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 proposing to amend the regulations in 33 CFR
Part 334. The Commanding Officer, Naval Surface Warfare Center,
Dahlgren Detachment, Fort Monroe, Virginia has requested an amendment
to the regulations in 334.360, which establish a restricted area in the
Chesapeake Bay off Fort Monroe, Virginia. The restricted area was
established in 1948 and last amended October 31, 1990. The last
revision resulted in reducing the size of the restricted area to
accommodate Coast Guard Range lights. According to the Navy, this
change if approved, will slightly enlarge the area over that in effect
prior to the 1990 change. The restricted area is necessary to protect
Government-owned test equipment. The Navy maintains an underwater test
range used to develop underwater sensors at that site off Fort Monroe,
Virginia. There is no prohibition on vessels transiting the area. The
restriction on anchoring, trawling, fishing and dragging in the
restricted area remain unchanged. In paragraph (b)(1), of the
regulations, the words ``danger zone'' are incorrect and replaced by
``restricted area''. Also in subparagraph (b)(1) we are identifying a
local Agency to contact in the event further information is necessary
regarding the area or the prohibitions listed.
The Commanding Officer, Naval Ordnance Test Unit, Cape Canaveral,
Florida, has requested the regulations which establish a restricted
area in the waters adjacent to the Navy pier at Port Canaveral,
Florida, be amended to delete a reference to a red warning light on a
water tower and replace it with a new warning light system. The
regulation will be amended to show that the area will be closed when a
red square flag (bravo), and depending on the status of the hazardous
operation, either an amber or red beacon, steady burning or rotating,
day or night, is displayed from any of the three berths along the
wharf. No other changes to these regulations are proposed.
Copies of all comments received in response to proposed changes to
33 CFR 334.360 will be available for inspection at the Norfolk District
Office located at Fort Norfolk, 803 Front Street, Norfolk, Virginia.
Comments received in response to the proposed change to 33 CFR 334.530
will be available for inspection at the Jacksonville District Office at
400 West Bay Street, Jacksonville, Florida.
Economic Assessment and Certification
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. 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 changes to the restricted areas will have
practically no impact on the public, no anticipated navigational hazard
or interference with existing waterway traffic and accordingly,
certifies that this proposal if adopted, will have no significant
economic impact on small entities.
National Environmental Policy Act Certification
An environmental assessment will be prepared for these proposed
actions. We have preliminarily concluded, based on the minor nature of
these proposed amendments that the action will not have a significant
impact to the human environment, and preparation of an environmental
impact statement is not required. Copies of the environmental
assessment may be reviewed at the District Offices listed at the end of
SUPPLEMENTARY INFORMATION, above.
List of Subjects in 33 CFR Part 334
Danger zones, Marine safety, Navigation (water), Transportation,
Waterways.
For the reasons set out in the preamble, 33 CFR Part 334 is
proposed to be amended 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 334.360 is amended by revising paragraphs (a) and (b)(1)
to read as follows:
[[Page 7232]]
Sec. 334.360 Chesapeake Bay off Fort Monroe, Virginia; restricted
area, U.S. Naval Base and Naval Surface Weapons Center
(a) The area. Beginning at latitude 37 deg.01'03'', longitude
076 deg.17'52''; thence to latitude 37 deg.01'00'', longitude
076 deg.16'11''; thence to latitude 36 deg.59'43'', longitude
076 deg.16'11''; thence to latitude 36 deg.59'18'', longitude
076 deg.17'52''; thence to latitude 37 deg.00'05'', longitude
076 deg.18'18''; thence north along the seawall to the point of
beginning.
(b) The regulations. (1) Anchoring, trawling, fishing and dragging
are prohibited in the restricted area, and no object, either attached
to a vessel or otherwise, shall be placed on or near the bottom unless
authorized by the Facility Manager, Naval Surface Warfare Center,
Dahlgren Division Coastal Systems Station Detachment, Fort Monroe,
Virginia.
* * * * *
3. Section 334.530 is amended by revising paragraph (b)(2) to read
as follows:
Sec. 334.530 Canaveral Harbor adjacent to the Navy Pier at Port
Canaveral, Fla.; restricted area.
* * * * *
(b) * * *
(2) The area will be closed when a red square flag (bravo), and
depending on the status of the hazardous operation, either an amber or
red beacon, steady burning or rotating, day or night, when displayed
from any of the three berths along the wharf.
* * * * *
Dated: February 13, 1996.
Joseph G. Graf,
Colonel, U.S. Army, Executive Director of Civil Works.
[FR Doc. 96-4346 Filed 2-26-96; 8:45 am]
BILLING CODE 3710-92-M
