[Federal Register Volume 61, Number 129 (Wednesday, July 3, 1996)]
[Rules and Regulations]
[Pages 34732-34733]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16850]
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DEPARTMENT OF DEFENSE
Department of the Army
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, and Pacific
Ocean, Hawaii, Danger Zones
AGENCY: U.S. Army Corps of Engineers, DOD.
ACTION: Final rule.
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SUMMARY: The Corps is amending the regulations which establish a
restricted area in the waters off of Fort Monroe, Virginia, 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 is amending 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 the display of
a nonexistent red ball and the Port Canaveral water tower which has
been dismantled. The marker light has been relocated. The Corps is also
making several editorial changes to the regulations which establish
danger zones in the waters offshore of Hawaii. The amendments reflect a
change in the use of a danger zone and the identity of the Agency
responsible for enforcement of the regulations. The changes are being
made as a result of an ongoing review of the regulations.
EFFECTIVE DATE: August 2, 1996.
ADDRESSES: 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 amending the regulations in 33 CFR Part
334.360, 334.530 and 334.1340.
The Commanding Officer, Naval Surface Warfare Center, Dahlgren
Detachment, Fort Monroe, Virginia has requested an amendment to the
regulations in 33 CFR 334.360, which establish a restricted area in the
Chesapeake Bay off Fort Monroe, Virginia. In addition, the Commanding
Officer, Naval Ordnance Test Unit, Cape Canaveral, Florida, has
requested an amendment to the restricted area regulations in 33 CFR
334.530 to delete a reference to a red warning light on a water tower
and refer in its place to a new warning light system. We published
these proposed amendments to the regulations in the notice of proposed
rulemaking section of the Federal Register on February 27, 1996, with
the comment period expiring on April 12, 1996 (61 FR 7231-7132). We
received no comments in response to the proposed rule. The Commander,
Naval Base, Pearl Harbor has requested that minor editorial changes be
made to the regulations which establish several danger zones in the
waters offshore of Hawaii to remove obsolete material. The title of the
danger zone in 33 CFR 1340(a)(4) is changed from ``Aerial bombing and
naval shore bombardment area, Kahoolawe Island Hawaii'' to ``Submerged
unexploded ordnance danger zone, Kahoolawe Island, Hawaii'' and the
enforcing authority in paragraph (c) is changed from ``Commander, Third
Fleet, Pearl Harbor'' to ``Commander, Naval Base, Pearl Harbor, Hawaii
96860-5020.'' These amendments to the danger zones in 33 CFR 334.1340
are being promulgated without being published as proposed rules with
opportunity for public comment because the changes are editorial in
nature and since the revisions do not change the boundaries or increase
or decrease the restrictions on the public's use or entry into the
designated danger zones, the changes will have practically no effect on
the public, and accordingly, public comment is unnecessary and
impractical.
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. This final rule has 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 final rule will have no significant economic impact
on small entities.
National Environmental Policy Act Certification
An environmental assessment has been prepared for each of these
actions. We have concluded, based on the minor nature of these
amendments, that these amendments to danger zones and restricted areas
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
Navigation (water), Transportation, Danger Zones.
[[Page 34733]]
For the reasons set out in the preamble, 33 CFR Part 334 is 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:
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.
* * * * *
4. Section 334.1340 is amended by redesignating paragraphs (a)(3)
and (a)(4) as paragraphs (a)(1) and (a)(2), respectively, revising the
heading of newly designated paragraph (a)(2), and revising paragraph
(c) to read as follows:
Sec. 334.1340 Pacific Ocean, Hawaii; danger zones.
(a) Danger zones. (1) * * *
(2) Submerged unexploded ordnance danger zone, Kahoolawe Island,
Hawaii. * * *
* * * * *
(c) Enforcing agency. The regulations in this section shall be
enforced by Commander, Naval Base, Pearl Harbor, Hawaii 96860-5020, and
such agencies as he/she may designated.
Dated: June 19, 1996.
Stanley G. Genega,
Major General, U.S. Army, Director of Civil Works.
[FR Doc. 96-16850 Filed 7-2-96; 8:45 am]
BILLING CODE 3710-92-M
