[Federal Register Volume 78, Number 181 (Wednesday, September 18, 2013)]
[Proposed Rules]
[Pages 57323-57324]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-22614]



Department of the Army, Corps of Engineers

33 CFR Part 334

York River and the Naval Weapons Station Yorktown-Cheatham Annex, 
Yorktown, Virginia; Danger Zone

AGENCY: U.S. Army Corps of Engineers, DoD.

ACTION: Notice of proposed rulemaking and request for comments.


SUMMARY: The Corps of Engineers is proposing to establish a danger zone 
in the waters of the York River off Cheatham Annex, in York County, 
Virginia. The Cheatham Annex Small Arms Training Center is used by more 
than 50 active Navy, reserve Navy and active Marine Corps units. The 
proposed danger zone is necessary to protect the public from hazards 
associated with the small arms fire operations.

DATES: Written comments must be submitted on or before October 18, 

ADDRESSES: You may submit comments, identified by docket number COE-
2013-0012, by any of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
    Email: [email protected]. Include the docket number, 
COE-2013-0012, in the subject line of the message.
    Mail: U.S. Army Corps of Engineers, Attn: CECW-CO-R (David B. 
Olson), 441 G Street NW., Washington, DC 20314-1000.
    Hand Delivery/Courier: Due to security requirements, we cannot 
receive comments by hand delivery or courier.
    Instructions: Direct your comments to docket number COE-2013-0012. 
All comments received will be included in the public docket without 
change and may be made available on-line at http://www.regulations.gov, 
including any personal information provided, unless the commenter 
indicates that the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI, or otherwise protected, through regulations.gov or 
email. The regulations.gov Web site is an anonymous access system, 
which means we will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an email 
directly to the Corps without going through regulations.gov, your email 
address will be automatically captured and included as part of the 
comment that is placed in the public docket and made available on the 
Internet. If you submit an electronic comment, we recommend that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If we cannot read your 
comment because of technical difficulties and cannot contact you for 
clarification, we may not be able to consider your comment. Electronic 
comments should avoid the use of any special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: For access to the docket to read background documents or 
comments received, go to www.regulations.gov. All documents in the 
docket are listed. Although listed in the index, some information is 
not publicly available, such as CBI or other information whose 
disclosure is restricted by statute. Certain other material, such as 
copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form.

FOR FURTHER INFORMATION CONTACT: Mr. David Olson, Headquarters, 
Operations and Regulatory Community of Practice, Washington, DC at 202-
761-4922, or Mr. Robert Berg, Corps of Engineers, Norfolk District, 
Regulatory Branch, at 757-201-7793.

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 of Engineers is proposing amendments to 
regulations in 33 CFR Part 334 to add a permanent danger zone, in the 
waters of the York River off Cheatham Annex, York County, Virginia. The 
proposed danger zone is necessary to protect the public from hazards 
associated with small arms fire operations.

Procedural Requirements

a. Review Under Executive Order 12866

    This proposed rule is issued with respect to a military function of 
the Department of Defense and the provisions of Executive Order 12866 
do not apply.

b. Review Under the Regulatory Flexibility Act

    This proposed 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). Unless information is 
obtained to the contrary during the public notice comment period, the 
Corps expects that the proposed danger zone would have practically no 
economic impact on the public, no anticipated navigational hazard, or 
interference with existing waterway traffic. This proposed rule, if 
adopted, will have no significant economic impact on small entities.

c. Review Under the National Environmental Policy Act

    Due to the administrative nature of this action and because there 
is no intended change in the use of the area, the Corps expects that 
this regulation, if adopted, will not have a significant impact to the 
quality of the human environment and, therefore, preparation of an 
environmental impact statement will not be required. An environmental 
assessment will be prepared after the public notice period is closed 
and all comments have been received and considered.

d. Unfunded Mandates Act

    This proposed rule does not impose an enforceable duty among the 
private sector and, therefore, it is not a Federal private sector 
mandate and it is not subject to the requirements of either Section 202 
or Section 205 of the Unfunded Mandates Act. We have also found under 
Section 203 of the Act, that small governments will not be 
significantly and uniquely affected by this rulemaking.

List of Subjects in 33 CFR Part 334

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

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


1. The authority citation for 33 CFR part 334 continues to read as 

    Authority:  40 Stat. 266 (33 U.S.C. 1) and 40 Stat. 892 (33 
U.S.C. 3).

[[Page 57324]]

2. Add Sec.  334.285 to read as follows:

Sec.  334.285  York River and the Naval Weapons Station Yorktown-
Cheatham Annex, Yorktown, Virginia; danger zone.

    (a) The area. The waters within an area beginning at mean high 
water on the shore at the facility located at latitude 
37[deg]17'33.10'' N, longitude 76[deg]36'19.06'' W; then northeast to a 
point in the York River at latitude 37[deg]18'36.65'' N, longitude 
76[deg]34'39.01'' W; thence south, southeast to latitude 
37[deg]17'59.37'' N, longitude 76[deg]34'13.65'' W; then southwest to a 
point on the shore located at latitude 37[deg]17'26.75'' N, longitude 
76[deg]36'14.89'' W.
    (b) The regulations. (1) Vessels and persons may transient this 
area at any time. No vessel or persons shall anchor, fish or conduct 
any waterborne activities within the danger zone established in 
accordance with this regulation any time live firing exercises are 
being conducted.
    (2) Anytime live firing is being conducted, the person or persons 
in charge shall display a red flag from a conspicuous location along 
the shore to signify the range is active and post lookouts to ensure 
the safety of all vessels passing through the area. At night, red 
lights will be displayed in lieu of flags. No firing activities shall 
be conducted when the visibility is less that the maximum range of the 
weapons being used at the facility.
    (3) Recreational and commercial activities may be conducted in this 
area anytime the range is inactive.
    (c) Enforcement. The regulations in this section shall be enforced 
by the Commander, Naval Weapons Station, Yorktown, or such agencies as 
he or she may designate.

    Dated: September 10, 2013.

James R. Hannon,
Chief, Operations and Regulatory, Directorate of Civil Works.
[FR Doc. 2013-22614 Filed 9-17-13; 8:45 am]