[Federal Register Volume 62, Number 206 (Friday, October 24, 1997)]
[Proposed Rules]
[Pages 55367-55368]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28196]


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DEPARTMENT OF DEFENSE

Corps of Engineers, Department of the Army

33 CFR Part 334


Naval Restricted Area, Naval Station Annapolis, Maryland

AGENCY: Army Corps of Engineers, DoD.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Corps is proposing to establish a new restricted area in 
the waters of the small boat basin off the Severn River, in Annapolis, 
Maryland to prohibit public entry into the area. The restricted area is 
needed for the security of U.S. navy facilities and watercraft and 
navigational safety for U.S. Naval Academy training vessels in that 
area. The water area in the small boat basin has always been closed to 
the public, however, as a result of the closure of the adjacent Naval 
Surface Warfare Center and the planned future public ownership of that 
facility, the water may become accessible by the public.

DATES: Comments must be submitted on or before November 24, 1997.

ADDRESSES: HQUSACE, CECW-OR, Washington, DC 20314-1000.

FOR FURTHER INFORMATION CONTACT: Mr. Ralph Eppard, Headquarters 
Regulatory Branch, at (202) 761-1783, or Mr. Steve

[[Page 55368]]

Elinsky, Corps Baltimore District, at (410) 962-4503.

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 proposes to amend the regulations in 33 CFR part 
334 by adding a new Sec. 334.155 which establishes a naval restricted 
area at the Naval Station Annapolis small boat basin, off the Severn 
River at Annapolis, Maryland. The Commanding Officer of the Naval 
Station Annapolis, has requested that the Corps establish the 
restricted area for reasons of security and navigational safety. The 
small boat basin plays an integral role in the training of midshipmen 
of the U.S. Naval Academy. The basin is used continuously by the Naval 
Academy as a training area for maneuvering and seamanship exercises. 
Over the past 40 years, the small boat basin has been surrounded by 
restricted U.S. Navy property of the Naval Station Annapolis and the 
Naval Surface Warfare Center (NSWC), and accordingly, access to the 
basin was limited to Naval personnel. In 1995, the Congress approved 
the Department of Defense Base Realignment and Closure Commission's 
recommendation to close the NSWC at that location. The NSWC property is 
slated to become the property of Anne Arundel County and presumably 
that area and the shoreline of the basin could become accessible to the 
public. Public access to the basin from the NSWC property by non-U.S. 
Navy/Department of Defense personnel would pose an unacceptable 
security risk to the Naval Station. Navigational safety would also be a 
problem if non-Naval vessels are allowed to operate in the basin and 
because 260 feet of the NSWC seawall is located at the entrance to the 
basin, which is only 170 feet wide, any mooring by vessels along the 
seawall would further restrict the entrance and present a hazard to 
boats entering and leaving the basin. In addition to the publication of 
this proposed rule, the Baltimore District Engineer is soliciting 
public comment on these proposed changes to the restricted area rules 
by distribution of a public notice to all known interested parties.

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

    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 establishment of this restricted area would 
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.

C. Review Under the National Environmental Policy Act

    An environmental assessment has been prepared for this action. We 
have concluded, based on the minor nature of the proposed additional 
restricted area regulations, that this action will not have a 
significant impact to the human environment, and preparation of an 
environmental impact statement is not required. The environmental 
assessment may be reviewed at the District Office listed at the end of 
FOR FURTHER INFORMATION CONTACT, above.

D. Unfunded Mandates Act

    This 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 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

    Navigation (water), Transportation, Danger Zones.
    For the reasons set out in the preamble, we propose to amend 33 CFR 
part 334, 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. Add new Sec. 334.155 to read as follows:


Sec. 334.155  Severn River, Naval Station Annapolis, Small Boat Basin, 
Annapolis, MD; naval restricted area.

    (a) The area. The waters within the Naval Station Annapolis small 
boat basin and adjacent waters of the Severn River enclosed by a line 
beginning at the southeast corner of the U.S. Navy Marine Engineering 
Laboratory; thence to latitude 38 deg.58'56.5'', longitude 
76 deg.28'11.5''; thence to latitude 38 deg.58'50.5'', longitude 
76 deg.27'52''; thence to the southeast corner of the Naval Station's 
seawall.
    (b) The regulations. No person, vessel or other craft shall enter 
or remain in the restricted area at any time except as authorized by 
the enforcing agency.
    (c) Enforcement. The regulations in this section shall be enforced 
by the Superintendent, U.S. Naval Academy, in Annapolis, Maryland, and 
such agencies as he/she may designate.

    Dated: October 20, 1997.

    Approved.
Robert W. Burkhardt,
Colonel, Corps of Engineers, Executive Director of Civil Works.
[FR Doc. 97-28196 Filed 10-23-97; 8:45 am]
BILLING CODE 3710-92-M