[Federal Register Volume 77, Number 197 (Thursday, October 11, 2012)]
[Rules and Regulations]
[Pages 61723-61724]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-24994]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 334


Felgates Creek and Indian Field Creek Along the York River in 
Yorktown, VA; Restricted Area

AGENCY: U.S. Army Corps of Engineers, Department of Defense.

ACTION: Final rule.

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SUMMARY: The Corps of Engineers is amending an existing restricted area 
to include the waters of Felgates Creek and Indian Field Creek along 
the York River in Yorktown, Virginia. Naval Weapons Station Yorktown 
requested the Corps of Engineers modify the existing restricted area to 
include areas historically noted on nautical charts as closed to the 
public and traditionally enforced by Commander, Naval Weapons Station 
Yorktown.

DATES: Effective date: November 13, 2012.

FOR FURTHER INFORMATION CONTACT: Mr. David Olson, Headquarters, 
Operations and Regulatory Community of Practice, Washington, DC at 202-
761-4922, or Ms. Nicole Woodward, Corps of Engineers, Norfolk District, 
Regulatory Branch, at 757-201-7122.

SUPPLEMENTARY INFORMATION:

Executive Summary

    The purpose of this regulatory action is to amend an existing 
restricted area to include areas historically noted on nautical charts 
as closed to the public and traditionally enforced by the Commander, 
Naval Weapons Station Yorktown.
    The Corps authority to amend this restricted area is 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).

Background

    The proposed rule was published in the April 4, 2012, edition of 
the Federal Register (77 FR 20331) and the regulations.gov docket 
number was COE-2011-0038. In response to the proposal, three comments 
were received. The commenters stated that the proposed rule will have 
no effect on historic properties and no adverse impacts on natural 
heritage resources.
    In response to a request by the United States Navy, and 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 of Engineers is amending 
33 CFR 334.260 to include a permanent restricted area, in the waters of 
Felgates Creek and Indian Field Creek along the York River in Yorktown, 
Virginia.

Procedural Requirements

    a. Review Under Executive Order 12866. This rule is issued with 
respect to a military function of the Defense Department and the 
provisions of Executive Order 12866 do not apply.
    b. Review Under the Regulatory Flexibility Act. This 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 determined that the restricted area amendment 
will have practically no economic impact on the public, no anticipated 
navigational hazard, and no interference with existing waterway 
traffic. This rule will have no significant economic impact on small 
entities.
    c. Review Under the National Environmental Policy Act. This rule 
will not have a significant impact to the quality of the human 
environment and, therefore, preparation of an environmental impact 
statement is not required. An environmental assessment has been 
prepared. It may be reviewed at the District office listed at the end 
of the FOR FURTHER INFORMATION CONTACT section, above.
    d. Unfunded Mandates Act. This rule does not impose an enforceable 
duty among the private sector and, therefore, is not subject to the 
requirements of Section 202 or 205 of the Unfunded Mandates Reform Act 
(Pub. L. 104-4, 109 Stat. 48, 2 U.S.C. 1501 et seq.). We have also 
found under Section 203 of the Act, that small governments will not be 
significantly or uniquely affected by this rule.

List of Subjects in 33 CFR Part 334

    Danger zones, Marine safety, Navigation (water), Restricted areas, 
Waterways.

    For the reasons set out in the preamble, the Corps amends 33 CFR 
part 334 as follows:

PART 334--DANGER ZONE AND RESTRICTED AREA REGULATIONS

0
1. The authority citation for 33 CFR 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).


0
2. Revise Sec.  334.260 to read as follows:


Sec.  334.260  York River, Va.; naval restricted areas.

    (a) The areas--(1) Naval mine service-testing area (prohibited). A 
rectangular area surrounding Piers 1 and 2, Naval Weapons Station, and 
extending upstream therefrom, beginning at a point on the shore line at 
latitude 37[deg]15'25'' N, longitude 76[deg]32'32'' W; thence to 
latitude 37[deg]15'42'' N,

[[Page 61724]]

longitude 76[deg]32'06'' W; thence to latitude 37[deg]15'27'' N, 
longitude 76[deg]31'48'' W; thence to latitude 37[deg]15'05'' N, 
longitude 76[deg]31'27'' W; thence to a point on the shore line at 
latitude 37[deg]14'51'' N, longitude 76[deg]31'50'' W; and thence along 
the shore line to the point of beginning.
    (2) Naval mine service-testing area (restricted). A rectangular 
area adjacent to the northeast boundary of the prohibited area 
described in paragraph (a)(1) of this section, beginning at latitude 
37[deg]16'00'' N, longitude 76[deg]32'29'' W; thence to latitude 
37[deg]16'23'' N, longitude 76[deg]32'00'' W; thence to latitude 
37[deg]15'27'' N, longitude 76[deg]30'54'' W; thence to latitude 
37[deg]15'05'' N, longitude 76[deg]31'27'' W; thence to latitude 
37[deg]15'27'' N, longitude 76[deg]31'48'' W; thence to latitude 
37[deg]15'42'' N, longitude 76[deg]32'06'' W; thence to latitude 
37[deg]15'40'' N, longitude 76[deg]32'09'' W; and thence to the point 
of beginning.
    (3) Explosives-Handling Berth (Naval). A circular area of 600 yards 
radius with its center at latitude 37[deg]13'56'' N, longitude 
76[deg]28'48'' W.
    (4) Felgates Creek (prohibited). Navigable waters of the United 
States as defined at 33 CFR part 329 within Felgates Creek from the 
boundary fence line at the mouth to the mean high water line of the 
head and all associated tributaries. The area contains the entirety of 
Felgates Creek and all associated tributaries south of the line which 
begins at latitude 37[deg]16'24'' N, longitude 76[deg]35'12'' W and 
extends east to latitude 37[deg]16'21'' N, longitude 76[deg]35'00'' W.
    (5) Indian Field Creek (prohibited). Navigable waters of the United 
States as defined at 33 CFR part 329 within Indian Field Creek from the 
boundary fence line at the mouth to the mean high water line of the 
head and all associated tributaries. The area contains the entirety of 
Indian Field Creek and all associated tributaries south of the line 
which begins at latitude 37[deg]16'05'' N, longitude 76[deg]33'29'' W 
and extends east to latitude 37[deg]16'01'' N, longitude 76[deg]33'22'' 
W.
    (b) The regulations. (1) All persons and all vessels other than 
naval craft are forbidden to enter the prohibited area described in 
paragraph (a)(1) of this section.
    (2) Trawling, dragging, and net-fishing are prohibited, and no 
permanent obstructions may at any time be placed in the area described 
in paragraph (a)(2) of this section. Upon official notification, any 
vessel anchored in the area and any person in the area will be required 
to vacate the area during the actual mine-laying operation. Persons and 
vessels entering the area during mine-laying operations by aircraft 
must proceed directly through the area without delay, except in case of 
emergency. Naval authorities are required to publish advance notice of 
mine-laying and/or retrieving operations scheduled to be carried on in 
the area, and during such published periods of operation, fishing or 
other aquatic activities are forbidden in the area. No vessel will be 
denied passage through the area at any time during either mine-laying 
or retrieving operations.
    (3) The Explosives-Handling Berth (Naval) described in paragraph 
(a)(3) of this section is reserved for the exclusive use of naval 
vessels and except in cases of emergency no other vessel shall anchor 
therein without the permission of local naval authorities, obtained 
through the Captain of the Port, U.S. Coast Guard, Norfolk, Virginia. 
There shall be no restriction on the movement of vessels through the 
Explosive-Handling Berth.
    (4) Vessels shall not be anchored, nor shall persons in the water 
approach within 300 yards of the perimeter of the Explosives-Handling 
Berth (Naval) when that berth is occupied by a vessel handling 
explosives.
    (5) All persons and all vessels are forbidden to enter the 
prohibited areas described in paragraphs (a)(4) and (a)(5) of this 
section without prior permission of the enforcing agency.
    (6) The regulations of this section shall be enforced by the 
Commander, Naval Weapons Station Yorktown, Virginia, and such agencies 
as he/she may designate.

    Dated: October 1, 2012.
James R. Hannon,
Chief, Operations and Regulatory Directorate of Civil Works.
[FR Doc. 2012-24994 Filed 10-10-12; 8:45 am]
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