[Federal Register Volume 59, Number 126 (Friday, July 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15447]
[[Page Unknown]]
[Federal Register: July 1, 1994]
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DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers
33 CFR Part 334
Restricted areas and danger zone, Key West Harbor, Key West Naval
Air Station, Florida
AGENCY: U.S. Army Corps of Engineers, DoD.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The U.S. Army Corps of Engineers proposes to modify an
existing restricted area offshore of Boco Chica Key and to revise the
regulations to prohibit entry into a portion of a previously
established restricted area offshore of the Key West Naval Air Station,
Harry S. Truman Annex. The restricted area offshore of Boca Chica Key
is also redesignated as a danger zone as defined in 33 CFR 334.2. The
danger zone is needed to protect the public from the dangers associated
with the possibility of an errant round from an existing pistol range
impacting into the water. The establishment of the danger zone will
reduce the size of the previous restricted area.
DATES: Written comments must be submitted on or before August 1, 1994.
ADDRESSES: HQUSACE, Attn: CECW-OR, Washington, D.C. 20314-1000.
FOR FURTHER INFORMATION CONTACT:
Mr. Lonnie Shepardson at (904) 232-1677 or Mr. Ralph Eppard at (202)
272-1783.
SUPPLEMENTARY INFORMATION: The Commanding Officer, Key West Naval Air
Station, Key West, Florida has requested that the Corps amend the
regulations in 33 CFR 334.610(b)(iv) which establishes a restricted
area in the waters offshore of the Key West Naval Air Station, Harry S.
Truman Annex. The restricted area affects those waters within 100 yards
of the westerly shoreline of the Harry S. Truman Annex, including a
portion of the Truman Annex Harbor entrance. Pursuant to the existing
regulations in Sec. 334.610(b)(iv) vessels may enter that portion of
restricted area number 2 (Sec. 334.610(a)(2)), between Truman Annex
Mole and the Key West Harbor Range Channel, extending into the
northeasterly corner of the Truman Annex Mole and then further
northeasterly to the corner of the restricted area. The restricted area
was established in this configuration because the Navy did not have a
reasonably definable boundary to enforce the desired ``no transit''
area. The Navy has recently constructed a breakwater perpendicular to
the shoreline at the terminus of the existing restricted area. The
breakwater is a physical boundary which forms the northeasterly limit
of the restricted area in the Truman Annex Harbor and the expanded no
transit area. The restricted area is not enlarged. This amendment is
needed to ``close'' the triangular area adjacent to the breakwater to
protect Navy divers using the area and to provide added security for
Government property. This amendment will not affect the transit of
vessels in the area between Truman Annex Mole and the Key West Harbor
Range Channel.
The Navy also requests that the restricted area in
Sec. 334.610(a)(6) be amended. This is an area currently designated as
a restricted area, but due to its purpose, which is to protect the
public from the hazards associated with a small arms firing range
onshore, the area is redesignated as a danger zone in accordance with
definitions in 33 CFR 334.2 published by the Corps on July 12, 1993,
(58 FR 37607-37609). The existing restricted area encompasses
approximately 150,000 square yards, extending 150 yards out from the
shore for approximately 1,000 yards. This proposed revision will extend
the distance offshore to 325 yards, move the area slightly to the north
and west and reduce the overall area by approximately one-half to
74,000 square yards. This additional distance offshore is in accordance
with the Military Handbook 1027/3B dated November 30, 1992. We are also
making the following editorial changes to the regulations. (1) Remove
the word ``existing'' from Sec. 334.610(a)(3). This is an unnecessary
word in the regulation, which has no bearing on the description of the
area. (2) The regulations in Sec. 334.610(b)(1) are amended to more
clearly show which of the areas are closed to transit by the public and
those areas or portions of those areas that can be transited within the
other restricted areas. These editorial changes will not change the
size or configuration of these restricted areas. The Corps proposes to
amend the regulations in 33 CFR 334.610 pursuant to its authorities in
Section 7 of the Rivers and Harbors Act of 1917 (33 U.S.C. 1) and
Section XIX of the Army Appropriations Act of 1919 (33 U.S.C. 3).
Economic Assessment and Certification
This proposed rule is issued with respect to a military function of
the Defense Department and accordingly, the provisions of Executive
Order 12866 do not apply. These rules have been reviewed under the
Regulatory Flexibility Act (Public Law 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 businesses (i.e., small businesses and small governmental
jurisdictions). These regulations, if approved, could have a minimal
impact on individuals fishing in the area. However, in view of the
abundance of high quality fishing areas available outside of these
congested areas, the impact will be negligible. In addition, by these
amendments a portion of one area previously closed to the public will
be reopened. This proposal will not result in any increase in costs to
sports fishermen or commercial fisheries in the area. Accordingly, the
preparation of a regulatory flexibility analysis is not warranted.
List of Subjects in 33 CFR Part 334
Navigation (water), Transportation, Danger zones.
In consideration of the above, the Corps proposes to amend Part 334
of Title 33 to read 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 334.610 is amended by revising paragraphs (a)(3), (a)(6)
and (b)(1) through (b)(4) and (c) to read as follows:
Sec. 334.610 Key West Harbor, at U. Naval Base, Key West, Fla.; naval
restricted area.
(a) The areas. * * *
(3) All waters within 100 yards of the Coast Guard Station and the
westerly end of Trumbo Point Annex beginning at the shore at Latitude
24 deg.33'47.6'' N., Longitude 81 deg.47'55.6'' W.; thence westerly to
Latitude 24 deg.33'48'' N., Longitude 81 deg.48'00.9'' W.; thence due
south to Latitude 24 deg.33'45.8'' N., Longitude 81 deg.48'00.9'' W.;
thence westerly to Latitude 24 deg.33'47'' N., Longitude 81 deg.48'12''
W.; thence northerly to Latitude 24 deg.34'06.2'' N., Longitude
81 deg.48'10'' W.; thence easterly to a point joining the restricted
area around Fleming Key at Latitude 24 deg.34'03.3'' N., Longitude
81 deg.47'55'' W. (Area #3).
* * * * *
(6) Danger zone. All waters within an area along the northeast side
of the Naval Air Station on Boca Chica Key defined by a line beginning
at Latitude 24 deg.35'27.2'' N., Longitude 81 deg.41'48.6'' W.; thence
proceed in a northerly direction to a point at Latitude 24 deg.35'48''
N., Longitude 81 deg.41'49'' W.; thence proceed westerly to a point on
the shore at Latitude 24 deg.35'49.1'' N., Longitude 81 deg.42'03'' W.
(Area #6).
(b) The Regulations: (1) Entering or crossing Restricted Areas #1
and #4 and the Danger Zone (Area #6) described in Paragraph (a) of this
section is prohibited.
(2) Privately owned vessels, properly registered and bearing
identification in accordance with Federal and/or State laws and
regulations may transit the following portions of restricted areas #2,
#3 and #5: NOTE: All vessels entering the areas at night must display
lights as required by Federal laws and Coast Guard regulations or, if
no constant lights are required, then the vessel must display a bright
white light showing all around the horizon,
(i) The channel, approximately 75 yards in width, extending from
the northwest corner of Pier D-3 of Trumbo Point Annex, eastward
beneath the Fleming Key bridge and along the north shore of Trumbo
Point Annex (area #3).
(ii) A channel 150-feet in-width which extends easterly from the
main ship channel into Key West Bight, the northerly edge of which
channel passes 25-feet south of the Trumbo Point Annex piers on the
north side of the Bight. While the legitimate access of privately owned
vessels to facilities of Key West Bight is unimpeded, it is prohibited
to moor, anchor, or fish within 50 feet of any U.S. Government-owned
pier or craft (area #3).
(iii) The dredged portion of Boca Chica channel from its seaward
end to a point due south of the east end of the Boca Chica Bridge (area
#5).
(iv) All of the portion of Restricted Area No. 2 that lies between
the Truman Annex Mole and the Key West Harbor Range Channel. The
transit zone extends to the northeasterly corner of the Truman Annex
Mole, thence to the northwesterly end of the breakwater at Latitude
24 deg.33'21.3'' N., Longitude 81 deg.48'32.7'' W.
(3) Stopping or landing by other than government-owned vessels and
specifically authorized private craft in any of the restricted areas
described in paragraph (a) of this section is prohibited.
(4) Vessels using the restricted channel areas described in
paragraph (b)(2)(i), (ii), (iii), and (iv) of this section shall
proceed at speeds commensurate with minimum wake.
(c) The regulations in this section shall be enforced by the
Commanding Officer, Naval Air Station, Key West, Florida, and such
agencies as he/she may designate.
Date: June 14, 1944.
Approved:
James D. Craig,
Colonel, Corps of Engineers, Executive Director of Civil Works.
[FR Doc. 94-15447 Filed 6-30-94; 8:45 am]
BILLING CODE 3710-92-M
