[Federal Register Volume 61, Number 39 (Tuesday, February 27, 1996)] [Proposed Rules] [Pages 7231-7232] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-4346] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE 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 AGENCY: U.S. Army Corps of Engineers, DoD. ACTION: Notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: The Corps proposes to amend the regulations which establish a restricted area in the waters off of Fort Monroe, 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 also proposes to amend 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 a red ball displayed on the Port Canaveral water tower which has been dismantled. The light has been relocated. DATES: Comments must be submitted on or before April 12, 1996. ADDRESS: 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 proposing to amend the regulations in 33 CFR Part 334. The Commanding Officer, Naval Surface Warfare Center, Dahlgren Detachment, Fort Monroe, Virginia has requested an amendment to the regulations in 334.360, which establish a restricted area in the Chesapeake Bay off Fort Monroe, Virginia. The restricted area was established in 1948 and last amended October 31, 1990. The last revision resulted in reducing the size of the restricted area to accommodate Coast Guard Range lights. According to the Navy, this change if approved, will slightly enlarge the area over that in effect prior to the 1990 change. The restricted area is necessary to protect Government-owned test equipment. The Navy maintains an underwater test range used to develop underwater sensors at that site off Fort Monroe, Virginia. There is no prohibition on vessels transiting the area. The restriction on anchoring, trawling, fishing and dragging in the restricted area remain unchanged. In paragraph (b)(1), of the regulations, the words ``danger zone'' are incorrect and replaced by ``restricted area''. Also in subparagraph (b)(1) we are identifying a local Agency to contact in the event further information is necessary regarding the area or the prohibitions listed. The Commanding Officer, Naval Ordnance Test Unit, Cape Canaveral, Florida, has requested the regulations which establish a restricted area in the waters adjacent to the Navy pier at Port Canaveral, Florida, be amended to delete a reference to a red warning light on a water tower and replace it with a new warning light system. The regulation will be amended to show that 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, is displayed from any of the three berths along the wharf. No other changes to these regulations are proposed. Copies of all comments received in response to proposed changes to 33 CFR 334.360 will be available for inspection at the Norfolk District Office located at Fort Norfolk, 803 Front Street, Norfolk, Virginia. Comments received in response to the proposed change to 33 CFR 334.530 will be available for inspection at the Jacksonville District Office at 400 West Bay Street, Jacksonville, Florida. Economic Assessment and Certification This proposed rule is issued with respect to a military function of the Defense Department and the provisions of Executive Order 12866 do not apply. These proposed rules have 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 proposal if adopted, will have no significant economic impact on small entities. National Environmental Policy Act Certification An environmental assessment will be prepared for these proposed actions. We have preliminarily concluded, based on the minor nature of these proposed amendments that the action 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 Danger zones, Marine safety, Navigation (water), Transportation, Waterways. For the reasons set out in the preamble, 33 CFR Part 334 is proposed to be 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: [[Page 7232]] 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. * * * * * Dated: February 13, 1996. Joseph G. Graf, Colonel, U.S. Army, Executive Director of Civil Works. [FR Doc. 96-4346 Filed 2-26-96; 8:45 am] BILLING CODE 3710-92-M