28820 Federal Register / Vol. 66, No. 101 / Thursday, May 24, 2001 / Proposed Rules

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:

§ 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°55′55′′ N,

longitude 76°20′02′′ W; thence

northwesterly to latitude 36°56′00′′ N,

longitude 76°20′08′′ W; thence northerly

along the eastern limit of Norfolk Harbor

Channel to latitude 36°57′52′′ N,

longitude 76°20′00′′ W; thence easterly

to latitude 36°57′52′′ N, longitude

76°19′35′′ W; thence to latitude

36°57’47.7’’ N, 76°18′57′′ W; thence

southeasterly to latitude 36°57′26′′ N,

longitude 76°18′42′′ W; thence easterly

to latitude 36°57’26.2’’ N, longitude

76°17’55.2’’ W; thence southerly to

latitude 36°57′05′′ N, longitude

76°17′52′′ W; thence southeasterly to

latitude 36°56’56.2’’ N, longitude

76°17′27′′ W; thence northeasterly to

latitude 36°57′10′′ N, latitude 76°16′29′′

W; thence to the shoreline at latitude

36°57’18.8’’ N, longitude 76°16′22′′ W at

the Naval Air Station.

(2) Beginning at a point on the Naval

Station shore at latitude 36°56’37.5’’ N,

longitude 76°19′44′′ W; thence westerly

and northerly along the breakwater to its

extremity at latitude 36°56’41.5’’ N,

longitude 76°19′54′′ W; thence westerly

to a point on the eastern limit of Norfolk

Harbor Channel at latitude 36°56’41.5’’

N, longitude 76°20’05.5’’ W; thence

northerly along the eastern limit of

Norfolk Harbor Channel to latitude

36°57′52′′ N, longitude 76°20′00′′ W;

thence easterly to latitude 36°57′52′′ N,

longitude 76°19′35′′ W; thence to

latitude 36°57’47.7’’ N., longitude

73°18′57′′ W; thence southeasterly to

latitude 36°57′26′′ N, longitude

76°18′42′′ W; thence easterly to latitude

36°57’26.2’’ N, longitude 76°17’55.2’’ W;

thence southerly to latitude 36°57′05′′ N,

longitude 76°17′52′′ W; thence

southeasterly to latitude 36°56’56.2’’ N,

longitude 76°17′27′′ W; thence

northeasterly to latitude 36°57′10′′ N,

longitude 76°16′29′′ W; and thence to

the shoreline at latitude 36°57’18.8’’ N,

longitude 76°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, MidAtlantic 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

DEPARTMENT OF DEFENSE

Department of the Army, Corps of

Engineers

33 CFR Part 334

United States Navy Restricted Area,

Little Creek Harbor, VA

AGENCY: United States Army Corps of

Engineers, DoD.

ACTION: Notice of proposed rulemaking

and request for comments.

SUMMARY: The Corps of Engineers is

proposing regulations to establish a

restricted area in the vicinity of the

Little Creek Amphibious Base, Little

Creek, Virginia. 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.

Federal Register / Vol. 66, No. 101 / Thursday, May 24, 2001 / Proposed Rules 28821

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 § 334.305 which establishes a

restricted area in Little Creek Harbor

adjacent to the Naval Amphibious Base

(NAB) in Little Creek, Virginia. NAB is

the homeport of numerous ships, small

boats and special operational units. The

public currently has unrestricted access

to the facility and units assigned there.

To better protect vessels and personnel

assigned to NAB, 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 334.305 would be added to

read as follows:

§ 334.305 Little Creek Harbor, Fisherman’s

Cove, Little Creek Amphibious Base, Little

Creek, Virginia, Restricted Area.

(a) The area. (1) The restricted area.

The waters within an area beginning at

a point on shore at latitude 36°55′57.7′′

N, longitude 76°10′35′′ W; thence

southwesterly to a point on the opposite

shore at latitude 36°55′53′′ N, longitude

76°10′44′′ W, thence southerly to

latitude 36°55′21.2′′ N, longitude

76°10′42′′ W; thence southwesterly to

latitude 36°55′17.8′′ N, longitude

76°10′49′′ W; thence northwesterly to a

point in Fisherman’s Cove at latitude

36°55′22′′ N, longitude 76°11′15.5′′ W;

thence southerly to latitude 36°55′19.2′′

N, longitude 76°11′16′′ W, thence

easterly along the southern shoreline of

Fisherman’s Cove, the entire shoreline

of Little Creek Harbor, Little Creek Cove

and Desert Cove (so as to encompass the

entire harbor area) to latitude 36°55′18′′

N, longitude 76°10′30′′ W; thence to the

point of origin.

(2) The exclusion area. The exclusion

area is a subset of the restricted area in

paragraph (a)(1) of this section and

includes all waters in Little Creek

Harbor, Little Creek Cove and Desert

Cove south of a line beginning at

latitude 36°55′15.8′′ N, longitude

76°10′58.8′′ W; and ending at latitude

36°55′19.3′′ N, longitude 76°10′29.5′′ W.

(b) The regulations. (1) Restricted

area. Vessels or persons may travel

through the restricted area between the

entrance to Little Creek Channel and

Fisherman’s Cove at anytime. Vessels or

persons transiting through this area are

subject to all applicable federal and

state laws including laws or regulations

designed to protect the naval facility,

and persons or vessels assigned therein.

Federal and State law enforcement

officials may at any time take action to

ensure compliance with their respective

laws. In addition, this regulation

authorizes navy security personnel,

designated by the Commander Navy

Region, Mid-Atlantic or persons

authorized to act in his/her behalf, the

authority to ascertain the identity and

intent of any vessels and/or persons

transiting the restricted area that

indicate by way of appearance or action

they are a possible threat to government

assets. If a determination is made that

the vessel and/or persons are a threat to

government assets located within the

restricted area, Navy security units may

take actions as provided by law or

regulation that are deemed necessary to

protect government personnel and

assets located within the restricted area.

28822 Federal Register / Vol. 66, No. 101 / Thursday, May 24, 2001 / Proposed Rules

(2) Exclusion area. No vessel or

persons may enter the exclusion area

unless specific authorization is granted

by the Commander, Navy Region, MidAtlantic and/or other persons or

agencies as he/she may designate.

(c) Enforcement. (1) The regulation in

this section shall be enforced by the

Commander, Navy Region, MidAtlantic, and/or persons or agencies as

he/she may designate.

(2) Federal and State Law

enforcement vessels and personnel may

enter either the restricted area or

exclusion area at any time to enforce

their respective laws.

(3) Enforcement actions will not be

taken by the Navy or its designees for

vessels or persons stationed at Coast

Guard Station Little Creek, and vessels

or persons working at one of the

commercial facilities within the

exclusion area with proper

identification and clearance.

Dated: May 4, 2001.

Charles M. Hess,

Chief, Operations Division, Directorate of

Civil Works.

[FR Doc. 01–13106 Filed 5–23–01; 8:45 am]

BILLING CODE 3710–92–P