[Federal Register Volume 59, Number 184 (Friday, September 23, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22834]


[[Page Unknown]]

[Federal Register: September 23, 1994]


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DEPARTMENT OF DEFENSE

Corps of Engineers

33 CFR Part 334

 

Restricted Areas and Danger Zone, Key West Harbor, Key West Naval 
Air Station, FL

agency: U.S. Army Corps of Engineers, DOD.

action: Final rule.

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summary: The U.S. Corps is amending the regulations to modify an 
existing restricted area offshore of Boca Chica Key and 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.

effective date: October 24, 1994.

addresses: HQUSACE, Attn: CECW-OR, Washington, DC 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 which establish several restricted areas 
in the waters offshore of the Key West Naval Air Station. On July 1, 
1994, the Corps published the proposed changes to the restricted area 
regulations in the Federal Register (59 FR 33939), with the comment 
period ending on August 1, 1994. No comments were received. However, 
the heading and the regulation in paragraph (b)(2) did not reflect the 
redesignation of a restricted area to danger zone. We are adding the 
words ``and danger zone'' to the heading and to paragraph (b)(2). 
Accordingly, the regulations in 33 CFR 334.610 are amended as proposed 
pursuant to the Corps 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 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 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. These amendments will 
not result in any increase in costs to sports fisherman 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 the heading and 
paragraphs (a)(3), (a)(6), (b), and (c) to read as follows:


Sec. 334.610  Key West Harbor, at U.S. Naval Base, Key West, Fla.; 
naval restricted areas and danger zone.

    (a) The areas. * * *
    (3) All waters within 100 yards of the U.S. 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 of 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 or 
danger zone 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.

    Dated: September 6, 1994.
Stanley G. Genega,
Major General, U.S. Army, Director of Civil Works.
[FR Doc. 94-22834 Filed 9-22-94; 8:45 am]
BILLING CODE 3710-92-M