Federal Register / Vol. 77, No. 197 / Thursday, October 11, 2012 / Rules and Regulations 61723 

designated area of interest within the 

danger zone. Patrol aircraft and surface 

vessels are equipped with marine band 

radios and may attempt to hail 

watercraft and request that they leave 

the designated area and remain clear of 

the area at a safe distance until launch 

operations are complete, and launch 

will not occur until the designated area 

is clear. Patrol aircraft may also employ 

the method of warning known as 

‘‘buzzing’’ which consists of low flight 

by the airplane and repeated opening 

and closing of the throttle. Surveillance 

vessels may also come close to 

watercraft and employ flashing light to 

establish communications to indicate 

that the watercraft is entering the 

designated hazard area. 

(5) Any watercraft being so warned 

shall immediately leave the designated 

area until the conclusion of launch 

operations, and shall remain at a 

distance to ensure that it will be safe 

from falling debris. 

(6) Nothing in this regulation shall be 

intended to prevent commercial fishing 

or the lawful use of approved waterfowl 

hunting blinds along the shorelines of 

the Wallops Flight Facility at Wallops 

Island, Virginia, provided that all 

necessary licenses and permits have 

been obtained from the Virginia Marine 

Resources Commission, Virginia 

Department of Game and Inland 

Fisheries, and U.S. Fish and Wildlife 

Service. Commercial fishermen and 

waterfowl hunters must observe all 

warnings and range clearances during 

hazardous range operations. 

(c) Enforcement. The regulations in 

this section shall be enforced by the 

Director, National Aeronautics and 

Space Administration, Goddard Space 

Flight Center, Wallops Flight Facility 

Wallops Island, Va., or such agencies as 

he or she may designate. 

Dated: October 2, 2012. 

James R. Hannon, 

Chief, Operations and Regulatory, Directorate 

of Civil Works. 

[FR Doc. 2012–24991 Filed 10–10–12; 8:45 am] 

BILLING CODE 3720–58–P 

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. 

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 

■ 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). 

■ 2. Revise § 334.260 to read as follows: 

§ 334.260 York River, Va.; naval restricted 

areas. 

(a) The areas—(1) Naval mine servicetesting 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°15′25′′ N, longitude 76°32′32′′ W; 

thence to latitude 37°15′42′′ N, 


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61724 Federal Register / Vol. 77, No. 197 / Thursday, October 11, 2012 / Rules and Regulations 

longitude 76°32′06′′ W; thence to 

latitude 37°15′27′′ N, longitude 

76°31′48′′ W; thence to latitude 

37°15′05′′ N, longitude 76°31′27′′ W; 

thence to a point on the shore line at 

latitude 37°14′51′′ N, longitude 

76°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°16′00′′ N, longitude 

76°32′29′′ W; thence to latitude 

37°16′23′′ N, longitude 76°32′00′′ W; 

thence to latitude 37°15′27′′ N, 

longitude 76°30′54′′ W; thence to 

latitude 37°15′05′′ N, longitude 

76°31′27′′ W; thence to latitude 

37°15′27′′ N, longitude 76°31′48′′ W; 

thence to latitude 37°15′42′′ N, 

longitude 76°32′06′′ W; thence to 

latitude 37°15′40′′ N, longitude 

76°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°13′56′′ N, longitude 76°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°16′24′′ N, 

longitude 76°35′12′′ W and extends east 

to latitude 37°16′21′′ N, longitude 

76°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°16′05′′ N, 

longitude 76°33′29′′ W and extends east 

to latitude 37°16′01′′ N, longitude 

76°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 minelaying 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 ExplosiveHandling 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] 

BILLING CODE 3720–58–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2012–0553; FRL–9738–9] 

Partial Approval and Partial 

Disapproval of Air Quality 

Implementation Plans for Florida, 

Mississippi, and South Carolina; 

Section 110(a)(2)(D)(i)(I) Transport 

Requirements for the 2006 24-Hour 

Fine Particulate Matter National 

Ambient Air Quality Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action to 

partially approve and partially 

disapprove revisions to the State 

Implementation Plans (SIPs) for Florida, 

Mississippi, and South Carolina 

submitted on September 23, 2009, 

October 6, 2009, and September 18, 

2009, respectively. EPA is approving the 

determinations, contained in those 

submittals, that the existing SIPs for 

Florida, Mississippi, and South Carolina 

are adequate to meet the obligation 

under section 110(a)(2)(D)(i)(I) of the 

Clean Air Act (CAA or Act) to address 

interstate transport requirements with 

regard to the 2006 24-hour particulate 

matter (PM2.5) national ambient air 

quality standard (NAAQS). Specifically, 

the interstate transport requirements 

contained in section 110(a)(2)(D)(i)(I) of 

the CAA prohibit a state’s emissions 

from significantly contributing to 

nonattainment or interfering with the 

maintenance of the NAAQS in any other 

state. EPA is approving the States’ 

determinations that their existing SIPs 

satisfy this requirement and conclusion 

that additional control measures are not 

necessary under section 

110(a)(2)(D)(i)(I) because emissions from 

Florida, Mississippi and South Carolina 

do not contribute significantly to 

nonattainment or interfere with 

maintenance of the 2006 24-hour PM2.5

NAAQS in any other state. EPA is also 

disapproving the SIP submissions from 

Florida, Mississippi and South Carolina 

to the extent that they rely on the Clean 

Air Interstate Rule (CAIR) to meet the 

110(a)(2)(D)(i)(I) requirements for the 

2006 24-hour PM2.5 NAAQS. Because 

CAIR does not address the 2006 PM2.5

NAAQS, it cannot be relied upon to 

satisfy any requirements related to that 

NAAQS. 

DATES: This rule will be effective on 

November 13, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2012–0553. All documents in the docket 

are listed on the www.regulations.gov 

Web site. Although listed in the index, 

some information is not publicly 

available, i.e., Confidential Business 

Information 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. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 


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