[Federal Register Volume 61, Number 39 (Tuesday, February 27, 1996)]
[Rules and Regulations]
[Pages 7214-7215]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4347]



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DEPARTMENT OF DEFENSE

Department of the Army
Corps of Engineers

33 CFR Part 334


Albermarle Sound, Pamlico Sound, and Adjacent Waters, North 
Carolina; Danger Zones/Restricted Areas for Naval Aircraft Operations

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

ACTION: Final rule.

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SUMMARY: The Corps of Engineers is re-establishing a danger zone as a 
restricted area in the waters off of Harvey Point, Perquimans County, 
North Carolina. The area designated as the Harvey Point danger zone was 
disestablished by the Corps in 1988. Due to subsequent surveys of the 
area by the Navy, it has been determined that unexploded ordnance could 
exist and in the interest of safety to the public, the area should be 
closed to certain activities. The re-establishment of the danger zone 
as a restricted area will allow the public to enter the area but will 
prohibit any bottom disturbing activities such as dredging, clamming, 
crabbing, seining or anchoring. Due to the risk of damage to property 
or injury to the public, good cause exists to make this restricted area 
regulation effective upon publication in the Federal Register.

EFFECTIVE DATE: February 27, 1996.

ADDRESSES: HQUSACE, CECW-OR, Washington, DC 20314-1000.

FOR FURTHER INFORMATION CONTACT:
Ms. Angie Yelverton of the Corps Wilmington District at (910) 251-4480, 
or Mr. Ralph Eppard, Regulatory Branch, CECW-OR at (202) 761-1783.

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 promulgating a regulation under 33 CFR 334.412 
re-establishing an area that was previously a danger zone, as a 
restricted area in the waters off of Harvey Point, Albemarle Sound, 
North Carolina.
Background
    In accordance with a request by the Navy, the Corps deleted the 
regulations in 33 CFR 334.410(b)(1) which established a target and 
bombing danger zone on the north shore of Albemarle Sound, on November 
29, 1988 (53 FR 47952-47953). The area was no longer being used by the 
Navy. This amendment was made prior to promulgation of procedural 
regulations now found in 33 CFR 334.5 Disestablishment of a danger 
zone, by the Corps. Pursuant to these regulations, the Agency 
requesting revocation of a danger zone area shall certify that the area 
is suitable for use by the public. Harvey Point was previously used as 
a target and bombing site by the Navy, so the possibility of live 
ordnance in the mud below the water exists. In the interest of public 
safety, the Navy requested that the area be established as a restricted 
area until such time as a thorough survey of the area can be completed 
and any dangerous ordnance, if any, is removed. The restricted area as 
established today will allow the public to use the area for 
recreational and commercial uses, including fishing, swimming, water 
skiing, boating and other activities provided the activity does not 
disturb the bottom. Those activities which are specifically prohibited 
include dredging, clamming, crabbing, seining and anchoring. Upon 
completion of additional surveys by the Navy and, if appropriate, any 
subsequent cleanup, the area will be returned to unrestricted public 
use. An editorial change is also being made to the regulations in 33 
CFR 334.410 which reflects a change in the Naval Command responsible 
for enforcing these danger zones and the added restricted area.
Agency Decision To Adopt the Amendments Without Opportunity for 
Public Comment and Participation in Rulemaking
    The Corps has determined that implementation of final rulemaking 
for the Harvey Point restricted area will protect the public from 
possible hazards resulting from previous uses of the area. Nothing will 
be served by delaying the effective date of the rule. We have found it 
to be in the National interest to restrict the public use of the prior 

[[Page 7215]]
Harvey Point danger zone and will remove the restricted area upon 
notification by the Navy that its surveys and any required cleanup have 
been completed.

Economic Assessment and Certification

    This final rule is issued with respect to a military function of 
the Defense Department and the provisions of Executive Order 12866 do 
not apply. These final 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 has 
determined that the economic impact of the changes to the restricted 
area will have practically no impact on the public, no anticipated 
navigational hazard or interference with existing waterway traffic and 
accordingly, no significant economic impact on small entities.

List of Subjects in 33 CFR Part 334

    Danger zones, Marine safety, Navigation (water), Transportation, 
Waterways.
    For the reasons set out in the preamble, 33 CFR Part 334 is amended 
as set forth below.

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 334.410 is amended by revising paragraph (d)(4) as 
follows:


Sec. 334.410  Albemarle Sound, Pamlico Sound, and adjacent waters, NC; 
danger zones for naval aircraft operations.

* * * * *
    (d) The regulations. * * *
    (4) Enforcing agency. The regulations in this section shall be 
enforced by the Commander, Naval Air Force, U.S. Atlantic Fleet, and 
such agencies as he/she shall designate.
    3. Section 334.412 is added to read as follows:


Sec. 334.412  Albemarle Sound, Pamlico Sound, Harvey Point and adjacent 
waters, NC; restricted area.

    (a) The area. Beginning on the north shore of Albemarle Sound and 
the easternmost tip of Harvey Point; thence southeasterly to Day Beacon 
number 3; thence southeasterly to latitude 36 deg.03'06'', longitude 
76 deg.16'43''; thence southwesterly to latitude 36 deg.02'18'', 
longitude 76 deg.19'30''; thence southwesterly to latitude 
36 deg.04'18'', longitude 76 deg.20'20''; thence 23 deg.15' True to the 
shore; and thence northeasterly along the shore to the point of 
beginning.
    (b) The regulations. The restricted area described in this section 
is the inactive Harvey Point target range which was disestablished as a 
danger zone. The area will be open to public access for recreational 
and commercial uses, except that dredging, clamming, crabbing, seining, 
and anchoring of all vessels and any other activity which could result 
in disturbing or penetrating the bottom is prohibited.
    (c) Enforcing agency. The regulations in this section shall be 
enforced by the Commander, Naval Air Force, U.S. Atlantic Fleet, and 
such agencies as he/she shall designate.

    Dated: February 14, 1996.
Stanley G. Genega,
Major General, USA, Director of Civil Works.
[FR Doc. 96-4347 Filed 2-26-96; 8:45 am]
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