[Federal Register Volume 66, Number 156 (Monday, August 13, 2001)]
[Proposed Rules]
[Page 42477]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-20229]



[[Page 42477]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 334


United States Army Restricted Area, Skiffes Creek, Fort Eustis, 
VA

AGENCY: United States Army Corps of Engineers, DoD.

ACTION: Notice of proposed rulemaking and request for comments.

-----------------------------------------------------------------------

SUMMARY: The Corps of Engineers is proposing regulations to establish a 
restricted area in the vicinity of Skiffes Creek at Fort Eustis, 
Virginia. These regulations will enable the Army to enhance security 
around vessels moored at the facility. The regulations will safeguard 
military vessels and United States government facilities from sabotage 
and other subversive acts, accidents, or incidents of similar nature. 
These regulations are also necessary to protect the public from 
potentially hazardous conditions which may exist as a result of Army 
use of the area.

DATES: Written comments must be submitted on or before September 12, 
2001.

ADDRESSES U.S. Army Corps of Engineers, ATTN: CECW-OR, 441 G Street, 
NW., Washington, DC 20314-1000.

FOR FURTHER INFORMATION CONTACT: Mr. Frank Torbett, Headquarters 
Regulatory Branch, Washington, DC at (202) 761-4618, or Mr. Rick 
Henderson, Corps of Engineers, Norfolk District, at (757) 441-7653.

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 proposes to amend the restricted area regulations 
in 33 CFR part 334 by adding 334.281 which establishes a restricted 
area in Skiffes Creek, a tributary of the James River, at Fort Eustis, 
Virginia. The public currently has unrestricted access to the facility 
and units assigned there. To better protect vessels and personnel 
stationed at the facility, the Commander, Fort Eustis, has requested 
the Corps of Engineers establish a Restricted Area to be enforced 
whenever the base is in Threat Condition Charlie or Delta. This will 
enable the Army to implement a waterside security program that is 
currently not available at the facility.

Procedural Requirements

a. Review Under Executive Order 12866

    This proposed 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 proposed 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 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, if adopted, will not 
have a significant impact to the quality of 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 proposed 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.

List of Subjects in 33 CFR part 334

    Danger zones, marine safety, Restricted areas, Waterways.

    For the reasons set out in the preamble, the Corps proposes to 
amend 33 CFR Part 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. 281 is added to read as follows:


Sec. 334. 281  Skiffes Creek, Fort Eustis, Virginia, Restricted Area.

    (a) The area. The waters within an area beginning at latitude 
37 deg.09'39" N, longitude 76 deg.37'02" W; thence northerly to 
latitude 37 deg.10'18" N, longitude 76 deg.36'52" west; thence 
southwesterly along the shoreline to latitude 37 deg.10'05" N, 
longitude 76 deg.36'34" W; thence northeasterly along the shoreline to 
latitude 37 deg.10'28" N, longitude 76 deg.36'19" W; thence easterly to 
latitude 37 deg.10'25" N, longitude 76 deg.36'07" W; thence 
southwesterly along the shoreline to the point of origin.
    (b) The regulations. No vessel or persons may enter or pass through 
the restricted area any time the base is in Threat Condition Charlie or 
Delta unless specific authorization is granted by the Commander, Fort 
Eustis, and/or other persons or agencies as he/she may designate.
    (c) Enforcement. (1) The regulation in this section, promulgated by 
the United States Army Corps of Engineers, shall be enforced by the 
Commander, Fort Eustis, and/or other persons or agencies as he/she may 
designate.
    (2) Federal and State Law enforcement vessels and personnel may 
enter the restricted area at any time to enforce their respective laws.

    Dated: July 23, 2001.
Charles M. Hess,
Chief, Operations Division, Directorate of Civil Works.
[FR Doc. 01-20229 Filed 8-10-01; 8:45 am]
BILLING CODE 3710-92-P