[Federal Register Volume 66, Number 101 (Thursday, May 24, 2001)]
[Proposed Rules]
[Pages 28818-28819]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-13104]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 334


United States Navy Restricted Area, Elizabeth River, Lambert's 
Bend, 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 regulations to establish a 
restricted area in the vicinity of Lambert's Bend and the Craney Island 
Refueling Station, Portsmouth, Virginia.

[[Page 28819]]

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.

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 Part 334 by adding Sec. 334.295 which establishes a 
restricted area in the Elizabeth River, near Lambert's Bend adjacent to 
the Naval Deperming Station, Portsmouth, Virginia. The public currently 
has unrestricted access to the facility and units assigned there. To 
better protect vessels and personnel stationed at the facility, the 
Commander, Navy Region, Mid-Atlantic has requested the Corps of 
Engineers establish a Restricted Area which will enable the Navy to 
implement a waterside security program that is currently not available 
at the facility.

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, 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 334.295 would be added to read as follows:


Sec. 334.295  Elizabeth River, Lamberts Bend, Naval Deperming Station, 
Restricted Area.

    (a) The area. The waters within an area beginning at 36 deg.52'10" 
N, longitude 76 deg.20'02" W; thence easterly to latitude 36 deg.52'10" 
N, longitude 76 deg.19'55" W; thence southerly to latitude 
36 deg.51'57" N, longitude 76 deg.19'55" W; thence westerly to latitude 
36 deg.51'57" N, longitude 76 deg.20'02" W; thence northerly to the 
point of origin.
    (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. 01-13104 Filed 5-23-01; 8:45 am]
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