[Federal Register Volume 62, Number 173 (Monday, September 8, 1997)]
[Proposed Rules]
[Pages 47166-47167]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23384]
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DEPARTMENT OF DEFENSE
Corps of Engineers, Department of the Army
33 CFR Part 334
Danger Zones, Chesapeake Bay, Point Lookout to Cedar Point,
Maryland
AGENCY: U.S. Army Corps of Engineers, DoD.
ACTION: Proposed rule.
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SUMMARY: This proposed rule invites comments on the Navy's proposal to
amend the danger zone regulations, which establish an aerial firing
range and target areas in the waters of the Chesapeake Bay. The purpose
of the proposed amendments is to redesignate the aerial firing range as
an aerial and surface firing range and to increase the Navy's use of
the range from ``Monday through Saturday, except holidays'' to
continuous use. The existing restricted area at the Hannibal Target
encompasses a water area with a radius of 600 feet. The proposed change
will increase the radius of the restricted area to 1,000 feet, prohibit
entry into the area at all times and prohibit the public from climbing
on the targets. These proposed changes are necessary to protect the
public from hazardous conditions which may exist as a result of the
Navy's use of this area. Other editorial amendments are made to reflect
changes in the Navy's organization.
DATES: Comments should be submitted by October 8, 1997.
ADDRESSES: Send comments to: HQUSACE, CECW-OR, Washington, D.C. 20314-
1000.
FOR FURTHER INFORMATION CONTACT: Mr. Steve Elinsky at (410) 962-4503 or
Mr. Ralph Eppard 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 proposes to amend the regulations in 33 CFR Part
334.200. The Commanding Officer of the U.S. Naval Air Station, Patuxent
River, Maryland has requested that the Corps amend the danger zone and
restricted area regulations by redesignating the existing ``aerial
firing range'' as an ``aerial and surface firing range'' and to
increase the Navy's use of the range from ``Monday through Saturday,
except national holidays'' to continuous use. The Navy also proposed to
enlarge the existing restricted area at the Hannibal Target from a
water area with a radius of 600 feet to a radius of 1,000 feet, and
entry into the area is prohibited at all times. The restricted area is
presently closed during daylight hours except to vessels authorized
entry by the Navy Command. We are also adding a prohibition on climbing
on the targets. These proposed changes are necessary to protect the
public from hazardous conditions which may exist as a result of the
Navy's use of this area. Enforcement of these regulations is being
changed from the Commander of the Naval Air Test Center to the
Commanding Officer of the Naval Air Station.
Procedural Requirements
(a) Review under Executive Order 12866. This proposed rule is
issued with respect to a military function of the Defense Department
and the provisions of Executive Order 12291 do not apply.
(b) Review under the Regulatory Flexibility Act. This proposed
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 significant economic impact
on a substantial number of small businesses (i.e., small businesses and
small Government jurisdictions). It has been determined that the
amendments to this danger zone would have practically no impact on the
public, no anticipated navigational hazard or interference with
existing waterway traffic and accordingly, the Corps certifies that
this proposal if adopted, will have no significant economic impact on
small entities and preparation of a regulatory flexibility analysis is
not warranted.
(c) Review under the National Environmental Policy Act. An
environmental assessment has been prepared for this action. We have
concluded that the amendments proposed herein will not have a
significant impact to the human environment and preparation of an
environmental impact statement is not required. The environmental
assessment may be reviewed at the Baltimore District Office. Please
contact Mr. Steve Elinsky at (410) 962-4503 for further information.
(d) Unfunded Mandates Act. This proposed rule does not impose an
enforceable duty among the private sector and therefore, is not a
Federal private sector mandate and is not subject to the requirements
of Section 202 or 205 of the Unfunded Mandates Act. We have also found
under Section 203 of the Act, that small Government will not be
significantly and uniquely affected by this rulemaking.
(e) Review under the Paperwork Reduction Act. No additional
information or record keeping requirements are imposed by this
rulemaking. Accordingly no OMB clearance is required under the
Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.)
List of Subjects in 33 CFR Part 334
Navigation (water), Transportation, Danger Zones.
[[Page 47167]]
In consideration of the above, the Corps is proposing to amend Part
334 of Title 33 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. 226; (33 U.S.C. 1) and 40 Stat. 892; (33
U.S.C. 3).
2. Section 334.200 is amended by revising the heading, revising the
last sentence in paragraph (a)(1), revising paragraphs (b)(2) and
(b)(3) and (c), to read as follows:
Sec. 334.200 Chesapeake Bay, Point Lookout to Cedar Point; aerial and
surface firing range areas, U.S. Naval Air Station, Patuxent River,
Maryland, danger zones.
(a) * * *
(1) * * * Aerial and surface firing and dropping of nonexplosive
ordnance will be conducted throughout the year.
* * * * *
(b) Target areas. * * *
(2) A circular area with a radius of 1,000 yards having its center
at latitude 38 deg.02''18'', longitude 76 deg.09'26'', identified as
Hannibal Target.
(3) The regulations. Nonexplosive projectiles and bombs will be
dropped at frequent intervals in the target areas. Hooper and Hannibal
target areas shall be closed to navigation at all times, except for
vessels engaged in operational and maintenance operations as directed
by the Commanding Officer of the U.S. Naval Air Station, Patuxent
River, Maryland. No person in the water, vessel or other craft shall
enter or remain in the closed areas or climb upon the targets, except
with prior written approval of the Commanding Officer of the U.S. Naval
Air Station, Patuxent River, Maryland.
(c) The regulations in this section shall be enforced by the
Commanding Officer of the Naval Air Station, Patuxent River, Maryland,
and such agencies as he/she may designate.
Dated: August 29, 1997
Robert W. Burkhardt,
Colonel, Colonel of Engineers, Executive Director of Civil Works.
[FR Doc. 97-23384 Filed 9-5-97; 8:45 am]
BILLING CODE 3710-92-M
