[Federal Register Volume 64, Number 72 (Thursday, April 15, 1999)]
[Rules and Regulations]
[Pages 18580-18581]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-8609]


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DEPARTMENT OF DEFENSE

Corps of Engineers, Department of the Army

33 CFR Part 334


Danger Zone, Chesapeake Bay, Point Lookout to Cedar Point, 
Maryland

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

ACTION: Final rule.

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SUMMARY: This rule amends the danger zone regulations by redesignating 
an aerial firing range as an aerial and surface firing range and 
increases the use of the firing range and target area in the waters of 
the Chesapeake Bay. It also increases the use of the firing range from 
Monday through Saturday, except holidays, to continuous use. The 
restricted area of the Hannibal Target previously encompassed a water 
area with a radius of 600 yards. The change increases the radius of the 
restricted area to 1000 yards, prohibits entry into the areas at all 
times and prohibits the public from climbing on the targets. These 
changes are necessary to protect the public from hazardous conditions 
which may exist as a result of the U.S. Navy's use of the area. Other 
editorial amendments are made to reflect changes in the Navy's 
organization.

EFFECTIVE DATE: May 17, 1999.

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

FOR FURTHER INFORMATION CONTACT: Mr. Frank Torbett, Headquarters 
Regulatory Branch, at (202) 761-1787, or Mr. Steve Elinsky, Corps 
Baltimore District, at (410) 962-4503.

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 
U.S.C. 3) the Corps is amending the danger zone and restricted area 
regulations in 33 CFR Part 334.200. The Commanding Officer of the U.S. 
Naval Air Station, Patuxent River, Maryland has requested that the 
Corps amend the danger zone and restricted area regulations by 
redesignating the existing ``aerial firing range'' as an ``aerial and 
surface firing range'' and increasing the Navy's use of the range from 
Monday through Saturday except holidays, to continuous use. The Navy is 
also enlarging the existing restricted area of the Hannibal Target from 
a water area with a radius of 600 yards to a radius of 1000 yards and 
making entry into the area prohibited at all times. The restricted area 
is presently closed during daylight hours except to vessels authorized 
entry by the Navy command. We are also adding a prohibition on climbing 
on the targets. These changes are necessary to protect the public from 
hazardous conditions which may exist as a result of the Navy's use of 
this area. Enforcement of these regulations is being changed from the 
Commander of the Naval Air Test Center to the Commanding Officer of the 
Naval Air Station.

[[Page 18581]]

Procedural Requirements

A. Review Under Executive Order 12866

    This 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 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 will not have a 
significant impact to 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 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.

E. Submission to Congress and the Comptroller General of the General 
Accounting Office

    Pursuant to Section 801(a)(1)(A) of the Administrative Procedure 
Act as amended by the Small Business Regulatory Enforcement Fairness 
Act of 1996, the Army has submitted a report containing this rule to 
the U.S. Senate, House of Representatives, and the Comptroller General 
of the General Accounting Office. This rule is not a major rule within 
the meaning of Section 804(2) of the Administrative Procedure Act, as 
amended.

List of Subjects in 33 CFR Part 334

    Danger zones, navigation (water), transportation.

    For the reasons set out in the preamble, the Corps amends 33 CFR 
Title 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 334.200 is amended by revising the section heading; by 
revising the last sentence in paragraph (a)(1); and by revising 
paragraphs (b)(2) and (b)(3) and (c) to read as follows:


Sec. 334.200  Chesapeake Bay, Point Lookout to Cedar Point; aerial and 
surface firing range and target area, U.S. Naval Air Station, Patuxent 
River, Maryland, danger zones.

    (a) * * *
    (1) * * * Aerial and surface firing and dropping of nonexplosive 
ordnance will be conducted throughout the year.
* * * * *
    (b) * * *
    (2) The area. A circular area with a radius of 1000 yards having 
its center at latitude 38 degrees 02 minutes 18 seconds longitude 76 
degrees 09 minutes 26 seconds identified as Hannibal Target.
    (3) The regulations. Nonexplosive projectiles and bombs will be 
dropped at frequent intervals in the target areas. Hooper and Hannibal 
target areas shall be closed to navigation at all times, except for 
vessels engaged in operational and maintenance activities as directed 
by the Commanding Officer of the U.S. Naval Air Station, Patuxent 
River, Maryland. No person in the waters, vessel, or other craft shall 
enter or remain in the closed area or climb on targets except on prior 
written approval of the Commanding Officer, U.S. Naval Air Station, 
Patuxent River, Maryland.
    (c) Enforcement. The regulations in this section shall be enforced 
by the Commanding Officer of the Naval Air Station, Patuxent River, 
Maryland and such agencies as he or she may designate.

    Dated: February 17, 1999.
Eric R. Potts,
Colonel, Corps of Engineers, Executive Director of Civil Works.
[FR Doc. 99-8609 Filed 4-14-99; 8:45 am]
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