[Federal Register Volume 77, Number 197 (Thursday, October 11, 2012)]
[Rules and Regulations]
[Pages 61723-61724]
From the Federal Register Online via the Government Publishing 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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