[Federal Register Volume 60, Number 70 (Wednesday, April 12, 1995)]
[Rules and Regulations]
[Page 18543]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8958]



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DEPARTMENT OF DEFENSE

Corps of Engineers

33 CFR Part 334


Danger Zones, Atlantic Ocean South of the Entrance to the 
Chesapeake Bay, Virginia Beach, Virginia

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

ACTION: Final rule.

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SUMMARY: The Corps of Engineers is amending the regulations which 
establish a danger zone in the waters of the Atlantic Ocean south of 
the entrance of the Chesapeake Bay due to the relocation of the 
Southeast Sea lanes of the Atlantic Federal Project Channel. The 
relocation of the danger zone is necessary to provide an additional 
measure of safety for vessels operating in the area. As a result of 
this amendment, the danger zone will be shifted to the south. The 
overall size and configuration of the danger zone will remain the same.

EFFECTIVE DATE: May 12, 1995.

FOR FURTHER INFORMATION CONTACT:
Mr. Rick Henderson at (804) 441-7653 or Mr. Ralph Eppard at (202) 272-
1783.

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 is amending the danger zone regulations in 33 CFR 
334.390.
    The Commanding Officer, Fleet Combat Training Center, Atlantic, 
U.S. Navy, has requested that the danger zone be amended to reflect 
changes in the routing of the Southeast Sea Lanes. There are no changes 
which will affect the public's use of the area. As presently 
configured, the danger zone is in the path of vessel entering and 
departing the Southeast Sea Lanes south of the entrance to the 
Chesapeake Bay. This amendment shifts the entire danger zone to the 
south. On January 20, 1995, we published these amendments in the Notice 
of Proposed Rules section of the Federal Register (60 FR 4134-4135) 
with the comment period expiring on 19 February 1995. We received on 
comments in response to the proposed rule and accordingly, we are 
publishing the final rule as proposed.

Economic Assessment and Certification

    This rule is issued with respect to a military function of the 
Defense Department and the provisions of E.O. 12866 do not apply. The 
relocation of the danger zone will have only minimal impact on 
recreational, commercial or fishing vessels within the area because the 
vessels are not prohibited from use of the area except when firing is 
in progress at the range. The configuration of the danger zone is not 
affected by this amendment. There will be no impacts on small 
businesses or governments in the area. I hereby certify that this 
regulation will have no significant economic impact on a substantial 
number of small entities.

List of Subjects in 33 CFR Part 334

    Navigation (water), transportation, restricted areas.
    In consideration of the above, the Corps is amending 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. In Sec. 334.390, paragraph (a) is revised to read as follows:


Sec. 334.390  Atlantic Ocean south of entrance to Chesapeake Bay; 
firing range.

    (a) The danger zone. A section extending seaward for a distance of 
12,000 yards between two radial lines bearing 030 deg. True and 
083 deg. True, respectively, from a point on shore at latitude 
36 deg.46'48''N, longitude 75 deg.57'24''W; and an adjacent sector 
extending seaward for a distance of 15 nautical miles between two 
radial lines bearing 083 deg. True and 150 deg. True, respectively, 
from the same shore position.
* * * * *
    Dated: March 24, 1995.
Stanley G. Genega,
Major General, U.S. Army, Director of Civil Works.
[FR Doc. 95-8958 Filed 4-11-95; 8:45 am]
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