[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]



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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.

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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