28818 Federal Register / Vol. 66, No. 101 / Thursday, May 24, 2001 / Proposed Rules

DEPARTMENT OF DEFENSE

Department of the Army, Corps of

Engineers

33 CFR Part 334

United States Navy Restricted Area,

Elizabeth River, Craney Island, 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

Craney Island Refueling Station,

Portsmouth, 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.

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 § 334.293 which establishes a

restricted area in the Elizabeth River

adjacent to the Craney Island Refueling

Station in 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 334.293 would be added to

read as follows:

§ 334.293 Elizabeth River, Craney Island

Refueling Pier Restricted Area.

(a) The area. The waters within an

area beginning at a point on the shore

at latitude 36°53′17.4′′ N, longitude

76°20′21′′ W; thence easterly to latitude

36°53′16.8′′ N, longitude 76°20′14.4′′ W:

thence southwesterly to latitude

36°53′00′′ N, longitude 76°20′18′′ W;

thence southeasterly to latitude

36°52′55.2′′ N, longitude 76°20′16.5′′ W:

thence southwesterly to latitude

36°52′52.2′′ N, longitude 76°20′18′′ W;

thence southwesterly to latitude

36°52′49.8′′ N, longitude 76°20′25.8′′ W:

thence northwesterly to latitude

36°52′58.2′′ N, longitude 76°20′33.6′′ W;

thence northeasterly to a point on the

shore at latitude 36°53′00′′ N, longitude

76°20′30′′ W; thence northerly along the

shoreline to the point of beginning.

(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 shall be enforced by the

Commander, Navy Region, MidAtlantic, 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. 01–13103 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,

Elizabeth River, Lambert’s Bend, 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

Lambert’s Bend and the Craney Island

Refueling Station, Portsmouth, Virginia.