[Federal Register Volume 59, Number 126 (Friday, July 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15447]


[[Page Unknown]]

[Federal Register: July 1, 1994]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 334

 

Restricted areas and danger zone, Key West Harbor, Key West Naval 
Air Station, Florida

AGENCY: U.S. Army Corps of Engineers, DoD.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The U.S. Army Corps of Engineers proposes to modify an 
existing restricted area offshore of Boco Chica Key and to revise the 
regulations to prohibit entry into a portion of a previously 
established restricted area offshore of the Key West Naval Air Station, 
Harry S. Truman Annex. The restricted area offshore of Boca Chica Key 
is also redesignated as a danger zone as defined in 33 CFR 334.2. The 
danger zone is needed to protect the public from the dangers associated 
with the possibility of an errant round from an existing pistol range 
impacting into the water. The establishment of the danger zone will 
reduce the size of the previous restricted area.

DATES: Written comments must be submitted on or before August 1, 1994.

ADDRESSES: HQUSACE, Attn: CECW-OR, Washington, D.C. 20314-1000.

FOR FURTHER INFORMATION CONTACT:
Mr. Lonnie Shepardson at (904) 232-1677 or Mr. Ralph Eppard at (202) 
272-1783.

SUPPLEMENTARY INFORMATION: The Commanding Officer, Key West Naval Air 
Station, Key West, Florida has requested that the Corps amend the 
regulations in 33 CFR 334.610(b)(iv) which establishes a restricted 
area in the waters offshore of the Key West Naval Air Station, Harry S. 
Truman Annex. The restricted area affects those waters within 100 yards 
of the westerly shoreline of the Harry S. Truman Annex, including a 
portion of the Truman Annex Harbor entrance. Pursuant to the existing 
regulations in Sec. 334.610(b)(iv) vessels may enter that portion of 
restricted area number 2 (Sec. 334.610(a)(2)), between Truman Annex 
Mole and the Key West Harbor Range Channel, extending into the 
northeasterly corner of the Truman Annex Mole and then further 
northeasterly to the corner of the restricted area. The restricted area 
was established in this configuration because the Navy did not have a 
reasonably definable boundary to enforce the desired ``no transit'' 
area. The Navy has recently constructed a breakwater perpendicular to 
the shoreline at the terminus of the existing restricted area. The 
breakwater is a physical boundary which forms the northeasterly limit 
of the restricted area in the Truman Annex Harbor and the expanded no 
transit area. The restricted area is not enlarged. This amendment is 
needed to ``close'' the triangular area adjacent to the breakwater to 
protect Navy divers using the area and to provide added security for 
Government property. This amendment will not affect the transit of 
vessels in the area between Truman Annex Mole and the Key West Harbor 
Range Channel.
    The Navy also requests that the restricted area in 
Sec. 334.610(a)(6) be amended. This is an area currently designated as 
a restricted area, but due to its purpose, which is to protect the 
public from the hazards associated with a small arms firing range 
onshore, the area is redesignated as a danger zone in accordance with 
definitions in 33 CFR 334.2 published by the Corps on July 12, 1993, 
(58 FR 37607-37609). The existing restricted area encompasses 
approximately 150,000 square yards, extending 150 yards out from the 
shore for approximately 1,000 yards. This proposed revision will extend 
the distance offshore to 325 yards, move the area slightly to the north 
and west and reduce the overall area by approximately one-half to 
74,000 square yards. This additional distance offshore is in accordance 
with the Military Handbook 1027/3B dated November 30, 1992. We are also 
making the following editorial changes to the regulations. (1) Remove 
the word ``existing'' from Sec. 334.610(a)(3). This is an unnecessary 
word in the regulation, which has no bearing on the description of the 
area. (2) The regulations in Sec. 334.610(b)(1) are amended to more 
clearly show which of the areas are closed to transit by the public and 
those areas or portions of those areas that can be transited within the 
other restricted areas. These editorial changes will not change the 
size or configuration of these restricted areas. The Corps proposes to 
amend the regulations in 33 CFR 334.610 pursuant to its authorities in 
Section 7 of the Rivers and Harbors Act of 1917 (33 U.S.C. 1) and 
Section XIX of the Army Appropriations Act of 1919 (33 U.S.C. 3).

Economic Assessment and Certification

    This proposed rule is issued with respect to a military function of 
the Defense Department and accordingly, the provisions of Executive 
Order 12866 do not apply. These 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 businesses (i.e., small businesses and small governmental 
jurisdictions). These regulations, if approved, could have a minimal 
impact on individuals fishing in the area. However, in view of the 
abundance of high quality fishing areas available outside of these 
congested areas, the impact will be negligible. In addition, by these 
amendments a portion of one area previously closed to the public will 
be reopened. This proposal will not result in any increase in costs to 
sports fishermen or commercial fisheries in the area. Accordingly, the 
preparation of a regulatory flexibility analysis is not warranted.

List of Subjects in 33 CFR Part 334

    Navigation (water), Transportation, Danger zones.

    In consideration of the above, the Corps proposes to amend Part 334 
of Title 33 to read 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 334.610 is amended by revising paragraphs (a)(3), (a)(6) 
and (b)(1) through (b)(4) and (c) to read as follows:


Sec. 334.610  Key West Harbor, at U. Naval Base, Key West, Fla.; naval 
restricted area.

    (a) The areas. * * *
    (3) All waters within 100 yards of the Coast Guard Station and the 
westerly end of Trumbo Point Annex beginning at the shore at Latitude 
24 deg.33'47.6'' N., Longitude 81 deg.47'55.6'' W.; thence westerly to 
Latitude 24 deg.33'48'' N., Longitude 81 deg.48'00.9'' W.; thence due 
south to Latitude 24 deg.33'45.8'' N., Longitude 81 deg.48'00.9'' W.; 
thence westerly to Latitude 24 deg.33'47'' N., Longitude 81 deg.48'12'' 
W.; thence northerly to Latitude 24 deg.34'06.2'' N., Longitude 
81 deg.48'10'' W.; thence easterly to a point joining the restricted 
area around Fleming Key at Latitude 24 deg.34'03.3'' N., Longitude 
81 deg.47'55'' W. (Area #3).
* * * * *
    (6) Danger zone. All waters within an area along the northeast side 
of the Naval Air Station on Boca Chica Key defined by a line beginning 
at Latitude 24 deg.35'27.2'' N., Longitude 81 deg.41'48.6'' W.; thence 
proceed in a northerly direction to a point at Latitude 24 deg.35'48'' 
N., Longitude 81 deg.41'49'' W.; thence proceed westerly to a point on 
the shore at Latitude 24 deg.35'49.1'' N., Longitude 81 deg.42'03'' W. 
(Area #6).
    (b) The Regulations: (1) Entering or crossing Restricted Areas #1 
and #4 and the Danger Zone (Area #6) described in Paragraph (a) of this 
section is prohibited.
    (2) Privately owned vessels, properly registered and bearing 
identification in accordance with Federal and/or State laws and 
regulations may transit the following portions of restricted areas #2, 
#3 and #5: NOTE: All vessels entering the areas at night must display 
lights as required by Federal laws and Coast Guard regulations or, if 
no constant lights are required, then the vessel must display a bright 
white light showing all around the horizon,
    (i) The channel, approximately 75 yards in width, extending from 
the northwest corner of Pier D-3 of Trumbo Point Annex, eastward 
beneath the Fleming Key bridge and along the north shore of Trumbo 
Point Annex (area #3).
    (ii) A channel 150-feet in-width which extends easterly from the 
main ship channel into Key West Bight, the northerly edge of which 
channel passes 25-feet south of the Trumbo Point Annex piers on the 
north side of the Bight. While the legitimate access of privately owned 
vessels to facilities of Key West Bight is unimpeded, it is prohibited 
to moor, anchor, or fish within 50 feet of any U.S. Government-owned 
pier or craft (area #3).
    (iii) The dredged portion of Boca Chica channel from its seaward 
end to a point due south of the east end of the Boca Chica Bridge (area 
#5).
    (iv) All of the portion of Restricted Area No. 2 that lies between 
the Truman Annex Mole and the Key West Harbor Range Channel. The 
transit zone extends to the northeasterly corner of the Truman Annex 
Mole, thence to the northwesterly end of the breakwater at Latitude 
24 deg.33'21.3'' N., Longitude 81 deg.48'32.7'' W.
    (3) Stopping or landing by other than government-owned vessels and 
specifically authorized private craft in any of the restricted areas 
described in paragraph (a) of this section is prohibited.
    (4) Vessels using the restricted channel areas described in 
paragraph (b)(2)(i), (ii), (iii), and (iv) of this section shall 
proceed at speeds commensurate with minimum wake.
    (c) The regulations in this section shall be enforced by the 
Commanding Officer, Naval Air Station, Key West, Florida, and such 
agencies as he/she may designate.

    Date: June 14, 1944.

    Approved:
James D. Craig,
Colonel, Corps of Engineers, Executive Director of Civil Works.
[FR Doc. 94-15447 Filed 6-30-94; 8:45 am]
BILLING CODE 3710-92-M