[Federal Register Volume 66, Number 101 (Thursday, May 24, 2001)]
[Proposed Rules]
[Pages 28820-28822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-13106]


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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.

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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.

[[Page 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 Sec. 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:


Sec. 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 deg.55'57.7" N, longitude 
76 deg.10'35" W; thence southwesterly to a point on the opposite shore 
at latitude 36 deg.55'53" N, longitude 76 deg.10'44" W, thence 
southerly to latitude 36 deg.55'21.2" N, longitude 76 deg.10'42" W; 
thence southwesterly to latitude 36 deg.55'17.8" N, longitude 
76 deg.10'49" W; thence northwesterly to a point in Fisherman's Cove at 
latitude 36 deg.55'22" N, longitude 76 deg.11'15.5" W; thence southerly 
to latitude 36 deg.55'19.2" N, longitude 76 deg.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 deg.55'18" N, 
longitude 76 deg.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 deg.55'15.8" N, longitude 
76 deg.10'58.8" W; and ending at latitude 36 deg.55'19.3" N, longitude 
76 deg.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.

[[Page 28822]]

    (2) Exclusion area. No vessel or persons may enter the exclusion 
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. (1) The regulation in this section shall be 
enforced by the Commander, Navy Region, Mid-Atlantic, 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