Federal Register / Vol. 77, No. 65 / Wednesday, April 4, 2012 / Proposed Rules 20331 

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 Ms. Angela C. Repella, U.S. 

Army Corps of Engineers, New England 

District, at 978–318–8639. 

SUPPLEMENTARY INFORMATION: 

Executive Summary 

The purpose of this regulatory action 

is to disestablish a restricted area that is 

no longer needed by Naval Station 

Newport, because use of the practice 

minefield and conducting mine 

detection and mine sweeping exercises 

in that area has been discontinued. 

The Corps authority to disestablish 

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 

By letter received on May 5, 2011, the 

Commander of Naval Station Newport 

has requested the removal of the 

restricted area in Rhode Island Sound, 

4 nautical miles due south of Lands End 

in Newport, Rhode Island. The request 

was made due to the discontinued use 

of the restricted area. In response to this 

request by the U.S. 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 is 

proposing to amend the regulations in 

33 CFR Part 334 by removing 334.78 to 

disestablish the restricted area. 

Procedural Requirements 

a. Review Under Executive Order 

12866. 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. 

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 amendment of 

this restricted area 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, 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. After it is 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. The 

proposed rule does not impose an 

enforceable duty among the private 

sector and, therefore, is not a Federal 

private sector mandate, and 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 

rulemaking. 

List of Subjects in 33 CFR Part 334 

Danger zones, Navigation (water), 

Restricted areas, Waterways. 

For the reasons set out in the 

preamble, the Corps proposes to amend 

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). 

§ 334.78 [Removed] 

2. Remove § 334.78. 

Dated: March 29, 2012. 

Richard C. Lockwood, 

Chief, Operations and Regulatory, Directorate 

of Civil Works. 

[FR Doc. 2012–8115 Filed 4–3–12; 8:45 am] 

BILLING CODE 3720–58–P 

DEPARTMENT OF DEFENSE 

33 CFR Part 334 

Department of the Army, Corps of 

Engineers 

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, DOD. 

ACTION: Notice of proposed rulemaking 

and request for comments. 

SUMMARY: The Corps of Engineers is 

proposing to amend an existing 

permanent restricted area in the waters 

of Felgates Creek and Indian Field Creek 

along the York River in Yorktown, 

Virginia. Naval Weapons Station 

Yorktown is requesting 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 the 

Commander, Naval Weapons Station 

Yorktown. Naval Weapons Station 

Yorktown provides ordnance logistics, 

technical, supply and related services to 

the Atlantic Fleet. Felgates Creek and 

Indian Field Creek are within a 

designated Level Two Restricted Area as 

defined by the Navy Physical Security 

and Law Enforcement Program. In 

addition, Felgates Creek and Indian 

Field Creek are within explosive arcs 

from various munitions points on Naval 

Weapons Station Yorktown. Naval 

Weapons Station Yorktown is seeking 

authorization to expand the existing 

restricted area to enhance safety and 

security. 

DATES: Written comments must be 

submitted on or before May 4, 2012. 

ADDRESSES: You may submit comments, 

identified by docket number COE– 

2011–0038, by any of the following 

methods: 


emcdonald on DSK29S0YB1PROD with PROPOSALS
20332 Federal Register / Vol. 77, No. 65 / Wednesday, April 4, 2012 / Proposed Rules 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Email: david.b.olson@usace.army.mil. 

Include the docket number, COE–2011– 

0038, 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–2011–0038. 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 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 

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 for a permanent restricted area 

in the waters of Felgates Creek and 

Indian Field Creek along the York River 

in Yorktown, Virginia. Naval Weapons 

Station Yorktown provides ordnance 

logistics, technical, supply and related 

services to the Atlantic Fleet. Felgates 

Creek and Indian Field Creek are within 

a designated Level Two Restricted Area 

as defined by OPNAVIST 5530.14E, 

Navy Physical Security and Law 

Enforcement Program. In addition, 

Felgates Creek and Indian Field Creek 

are within explosive arcs from various 

munitions points on Naval Weapons 

Station Yorktown. Naval Weapons 

Station Yorktown is seeking 

authorization to expand the existing 

restricted area to enhance safety and 

security. The Navy has also requested 

that these waterways shall remain 

restricted pursuant to authorities 

granted in 33 U.S.C. 1 during the 

rulemaking process. The temporary 

restricted areas were established as a 

separate action announced by public 

notice issued by the Norfolk District on 

September 12, 2011. 

Procedural Requirements 

a. Review Under Executive Order 12866 

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. 

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 amendment of 

this restricted area 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. After it is 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 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, 

Waterways. 

For the reasons set out in the 

preamble, the Corps proposes to amend 

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). 


emcdonald on DSK29S0YB1PROD with PROPOSALS
Federal Register / Vol. 77, No. 65 / Wednesday, April 4, 2012 / Proposed Rules 20333 

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, 

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: March 29, 2012. 

Richard C. Lockwood, 

Chief, Operations and Regulatory, Directorate 

of Civil Works. 

[FR Doc. 2012–8113 Filed 4–3–12; 8:45 am] 

BILLING CODE 3720–58–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2012–0158; FRL–9656–2] 

Approval, Disapproval and 

Promulgation of Implementation Plans; 

Nebraska; Regional Haze State 

Implementation Plan; Federal 

Implementation Plan for Best Available 

Retrofit Technology Determination; 

Extension of Public Comment Period 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule; extension of 

public comment period and opportunity 

for public hearing. 

SUMMARY: On March 2, 2012, EPA 

proposed several related actions 

regarding a State Implementation Plan 

(SIP) submitted by Nebraska to address 

its obligations under the Clean Air Act 

(CAA) with respect to regional haze for 

the first implementation period. One 

such action was EPA’s proposal of a 

Federal Implementation Plan (FIP) 

relying on the Transport Rule to satisfy 

Best Available Retrofit Technology 

(BART) requirements for sulfur dioxide 

(SO2) at one source in Nebraska to 

address deficiencies in the State’s 

implementation plan for regional haze. 

The original public comments due date 

was April 2, 2012. EPA is extending the 

public comment period until May 2, 

2012 in order to allow for submission of 

comments or supplementary 

information relevant to the proposed 

action. EPA is also providing notice of 

opportunity for a public hearing in 

Kansas City, Kansas, on the proposed 

FIP, to be held if requested. 

DATES: The comment period for the 

proposed rule published March 2, 2012 

(77 FR 12270), is extended. EPA will 

accept public comments on or before 

May 2, 2012. If requested by April 9, 

2012, a public hearing will be held on 

April 18, 2012, at the U.S. 

Environmental Protection Agency, 

Region 7, Room 2240A, 901 N. 5th 

Street, Kansas City, Kansas from 3:30 

p.m. until 5:30 p.m. Parties interested in 

the status of the public hearing may 

contact Ms. Chrissy Wolfersberger by 

phone using the contact information 

provided below or they may consult the 

following link: http://www.epa.gov/ 

region7/public_notices/. 

ADDRESSES: Instructions for comment 

submittal. Submit your comments, 

identified by Docket No. EPA–R07– 

OAR–2012–0158, by one of the 

following methods: 

1. Federal e-Rulemaking Portal: 

http://www.regulations.gov. Follow the 


emcdonald on DSK29S0YB1PROD with PROPOSALS