[Federal Register Volume 61, Number 39 (Tuesday, February 27, 1996)]
[Rules and Regulations]
[Pages 7214-7215]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4347]
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DEPARTMENT OF DEFENSE
Department of the Army
Corps of Engineers
33 CFR Part 334
Albermarle Sound, Pamlico Sound, and Adjacent Waters, North
Carolina; Danger Zones/Restricted Areas for Naval Aircraft Operations
AGENCY: U.S. Army Corps of Engineers, DoD.
ACTION: Final rule.
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SUMMARY: The Corps of Engineers is re-establishing a danger zone as a
restricted area in the waters off of Harvey Point, Perquimans County,
North Carolina. The area designated as the Harvey Point danger zone was
disestablished by the Corps in 1988. Due to subsequent surveys of the
area by the Navy, it has been determined that unexploded ordnance could
exist and in the interest of safety to the public, the area should be
closed to certain activities. The re-establishment of the danger zone
as a restricted area will allow the public to enter the area but will
prohibit any bottom disturbing activities such as dredging, clamming,
crabbing, seining or anchoring. Due to the risk of damage to property
or injury to the public, good cause exists to make this restricted area
regulation effective upon publication in the Federal Register.
EFFECTIVE DATE: February 27, 1996.
ADDRESSES: HQUSACE, CECW-OR, Washington, DC 20314-1000.
FOR FURTHER INFORMATION CONTACT:
Ms. Angie Yelverton of the Corps Wilmington District at (910) 251-4480,
or Mr. Ralph Eppard, Regulatory Branch, CECW-OR at (202) 761-1783.
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 promulgating a regulation under 33 CFR 334.412
re-establishing an area that was previously a danger zone, as a
restricted area in the waters off of Harvey Point, Albemarle Sound,
North Carolina.
Background
In accordance with a request by the Navy, the Corps deleted the
regulations in 33 CFR 334.410(b)(1) which established a target and
bombing danger zone on the north shore of Albemarle Sound, on November
29, 1988 (53 FR 47952-47953). The area was no longer being used by the
Navy. This amendment was made prior to promulgation of procedural
regulations now found in 33 CFR 334.5 Disestablishment of a danger
zone, by the Corps. Pursuant to these regulations, the Agency
requesting revocation of a danger zone area shall certify that the area
is suitable for use by the public. Harvey Point was previously used as
a target and bombing site by the Navy, so the possibility of live
ordnance in the mud below the water exists. In the interest of public
safety, the Navy requested that the area be established as a restricted
area until such time as a thorough survey of the area can be completed
and any dangerous ordnance, if any, is removed. The restricted area as
established today will allow the public to use the area for
recreational and commercial uses, including fishing, swimming, water
skiing, boating and other activities provided the activity does not
disturb the bottom. Those activities which are specifically prohibited
include dredging, clamming, crabbing, seining and anchoring. Upon
completion of additional surveys by the Navy and, if appropriate, any
subsequent cleanup, the area will be returned to unrestricted public
use. An editorial change is also being made to the regulations in 33
CFR 334.410 which reflects a change in the Naval Command responsible
for enforcing these danger zones and the added restricted area.
Agency Decision To Adopt the Amendments Without Opportunity for
Public Comment and Participation in Rulemaking
The Corps has determined that implementation of final rulemaking
for the Harvey Point restricted area will protect the public from
possible hazards resulting from previous uses of the area. Nothing will
be served by delaying the effective date of the rule. We have found it
to be in the National interest to restrict the public use of the prior
[[Page 7215]]
Harvey Point danger zone and will remove the restricted area upon
notification by the Navy that its surveys and any required cleanup have
been completed.
Economic Assessment and Certification
This final rule is issued with respect to a military function of
the Defense Department and the provisions of Executive Order 12866 do
not apply. These final 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 has
determined that the economic impact of the changes to the restricted
area will have practically no impact on the public, no anticipated
navigational hazard or interference with existing waterway traffic and
accordingly, no significant economic impact on small entities.
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 amended
as set forth below.
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 334.410 is amended by revising paragraph (d)(4) as
follows:
Sec. 334.410 Albemarle Sound, Pamlico Sound, and adjacent waters, NC;
danger zones for naval aircraft operations.
* * * * *
(d) The regulations. * * *
(4) Enforcing agency. The regulations in this section shall be
enforced by the Commander, Naval Air Force, U.S. Atlantic Fleet, and
such agencies as he/she shall designate.
3. Section 334.412 is added to read as follows:
Sec. 334.412 Albemarle Sound, Pamlico Sound, Harvey Point and adjacent
waters, NC; restricted area.
(a) The area. Beginning on the north shore of Albemarle Sound and
the easternmost tip of Harvey Point; thence southeasterly to Day Beacon
number 3; thence southeasterly to latitude 36 deg.03'06'', longitude
76 deg.16'43''; thence southwesterly to latitude 36 deg.02'18'',
longitude 76 deg.19'30''; thence southwesterly to latitude
36 deg.04'18'', longitude 76 deg.20'20''; thence 23 deg.15' True to the
shore; and thence northeasterly along the shore to the point of
beginning.
(b) The regulations. The restricted area described in this section
is the inactive Harvey Point target range which was disestablished as a
danger zone. The area will be open to public access for recreational
and commercial uses, except that dredging, clamming, crabbing, seining,
and anchoring of all vessels and any other activity which could result
in disturbing or penetrating the bottom is prohibited.
(c) Enforcing agency. The regulations in this section shall be
enforced by the Commander, Naval Air Force, U.S. Atlantic Fleet, and
such agencies as he/she shall designate.
Dated: February 14, 1996.
Stanley G. Genega,
Major General, USA, Director of Civil Works.
[FR Doc. 96-4347 Filed 2-26-96; 8:45 am]
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