[Federal Register Volume 66, Number 101 (Thursday, May 24, 2001)]
[Proposed Rules]
[Pages 28819-28820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-13105]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 334


United States Navy Restricted Area, Hampton Roads and Willoughby 
Bay, VA

AGENCY: United States Army Corps of Engineers, DoD.

ACTION: Notice of proposed rulemaking and request for comments.

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SUMMARY: The Corps of Engineers is proposing to amend the regulations 
which established a restricted area, in waters of the United States, 
adjacent to the Norfolk Naval Base, Norfolk, Virginia. The proposed 
amendment will close off an open area on the south side of the base and 
changes the enforcement responsibility from the base Commander to the 
Commander, Navy Region, Mid-Atlantic. These regulations will enable the 
Navy to enhance security around vessels moored at the facility. 33 
U.S.C. 1 states, in part that: It shall be the duty of the Secretary of 
the Army to prescribe such regulations for the use, administration, and 
navigation of the navigable waters of the United States as in his/her 
judgment the public necessity may require for the protection of life 
and property. The regulations are necessary to safeguard Navy vessels 
and United States government facilities from sabotage and other 
subversive acts, accidents, or incidents of similar nature. These 
regulations are also necessary to protect the public from potentially 
hazardous conditions which may exist as a result of Navy use of the 
area.

[[Page 28820]]


DATES: Written comments must be submitted on or before June 25, 2001.

ADDRESSES: U. S Army Corps of Engineers, ATTN: CECW-OR, 441 G Street, 
NW., Washington, DC 20314-1000.

FOR FURTHER INFORMATION CONTACT: Mr. Frank Torbett, Headquarters 
Regulatory Branch, Washington, D.C. at (202) 761-4618, or Mr. Rick 
Henderson, Corps of Engineers, Norfolk District, Regulatory Branch, at 
(757) 441-7653.

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 restricted area regulations 
in 33 CFR 334.300.

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 (Public Law 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, if adopted, will not 
have a significant impact to the quality of 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

    Danger zones, Marine safety, 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 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 334.300 would be revised to read as follows:


Sec. 334.300  Hampton Roads and Willoughby Bay, Norfolk Naval Base, 
Restricted Area.

    (a) The area. (1) The waters within an area beginning at latitude 
36 deg.55'55" N, longitude 76 deg.20'02" W; thence northwesterly to 
latitude 36 deg.56'00" N, longitude 76 deg.20'08" W; thence northerly 
along the eastern limit of Norfolk Harbor Channel to latitude 
36 deg.57'52" N, longitude 76 deg.20'00" W; thence easterly to latitude 
36 deg.57'52" N, longitude 76 deg.19'35" W; thence to latitude 
36 deg.57'47.7'' N, 76 deg.18'57" W; thence southeasterly to latitude 
36 deg.57'26" N, longitude 76 deg.18'42" W; thence easterly to latitude 
36 deg.57'26.2'' N, longitude 76 deg.17'55.2'' W; thence southerly to 
latitude 36 deg.57'05" N, longitude 76 deg.17'52" W; thence 
southeasterly to latitude 36 deg.56'56.2'' N, longitude 76 deg.17'27" 
W; thence northeasterly to latitude 36 deg.57'10" N, latitude 
76 deg.16'29" W; thence to the shoreline at latitude 36 deg.57'18.8'' 
N, longitude 76 deg.16'22" W at the Naval Air Station.
    (2) Beginning at a point on the Naval Station shore at latitude 
36 deg.56'37.5'' N, longitude 76 deg.19'44" W; thence westerly and 
northerly along the breakwater to its extremity at latitude 
36 deg.56'41.5'' N, longitude 76 deg.19'54" W; thence westerly to a 
point on the eastern limit of Norfolk Harbor Channel at latitude 
36 deg.56'41.5'' N, longitude 76 deg.20'05.5'' W; thence northerly 
along the eastern limit of Norfolk Harbor Channel to latitude 
36 deg.57'52" N, longitude 76 deg.20'00" W; thence easterly to latitude 
36 deg.57'52" N, longitude 76 deg.19'35" W; thence to latitude 
36 deg.57'47.7'' N., longitude 73 deg.18'57" W; thence southeasterly to 
latitude 36 deg.57'26" N, longitude 76 deg.18'42" W; thence easterly to 
latitude 36 deg.57'26.2'' N, longitude 76 deg.17'55.2'' W; thence 
southerly to latitude 36 deg.57'05" N, longitude 76 deg.17'52" W; 
thence southeasterly to latitude 36 deg.56'56.2'' N, longitude 
76 deg.17'27" W; thence northeasterly to latitude 36 deg.57'10" N, 
longitude 76 deg.16'29" W; and thence to the shoreline at latitude 
36 deg.57'18.8'' N, longitude 76 deg.16'22" W, at the Naval Air 
Station.
    (b) The regulation. No vessel or persons may enter the restricted 
area unless specific authorization is granted by the Commander, Navy 
Region, Mid-Atlantic and/or other persons or agencies as he/she may 
designate.
    (c) Enforcement. The regulation in this section, promulgated by the 
United States Army Corps of Engineers, shall be enforced by the 
Commander, Navy Region, Mid-Atlantic, and/or persons or agencies as he/
she may designate.

    Dated: May 4, 2001.
Charles M. Hess,
Chief, Operations Division, Directorate of Civil Works.
[FR Doc. 01-13105 Filed 5-23-01; 8:45 am]
BILLING CODE 3710-92-P