[Federal Register Volume 67, Number 30 (Wednesday, February 13, 2002)]
[Rules and Regulations]
[Pages 6653-6654]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-3556]


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

DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 334


United States Navy Restricted Area, Elizabeth River, Virginia

AGENCY: United States Army Corps of Engineers, DoD.

ACTION: Final rule.

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

SUMMARY: The U.S. Army Corps of Engineers is amending its regulations, 
which establish a restricted area on the Elizabeth River in the 
vicinity of the Craney Island Refueling Station at Portsmouth, 
Virginia. The regulations are necessary to safeguard Navy vessels and 
United States Government facilities

[[Page 6654]]

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 Navy use of the area.

EFFECTIVE DATE: March 15, 2002.

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, Regulatory Branch, 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 is amending the restricted area regulations in 33 
CFR part 334 by adding Section 334.440 which establishes a restricted 
area on the Elizabeth River in the vicinity of the Craney Island 
Refueling Station at Portsmouth, Virginia.

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

    This rule has 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 will have no significant economic impact 
on small entities.

(c) Review Under the National Environmental Policy Act

    The Norfolk District has prepared an environmental assessment (EA) 
for this action. We have concluded, based on the minor nature of the 
proposed restricted area regulations, that this action will not have a 
significant impact to the quality of the human environment, and 
preparation of an Environmental Impact Statement (EIS) is not required. 
The EA may be reviewed at the Norfolk 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 Government 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, the U.S. 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, Marine safety, Restricted areas, Navigation (water), 
Waterways.

    For the reasons set out in the preamble, the Corps is amending 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 334.293 is added to read as follows:


Sec. 334.293  Elizabeth River, Craney Island Refueling Pier Restricted 
Area, Portsmouth VA; Naval Restricted Area.

    (a) The area. (1) The waters within an area beginning at a point on 
the shore at latitude 36 deg.53'17.4" N, longitude 76 deg.20'21" W; 
thence easterly to latitude 36 deg.53'16.8" N, longitude 
76 deg.20'14.4" W: thence southwesterly to latitude 36 deg.53'00" N, 
longitude 76 deg.20'18" W; thence southeasterly to latitude 
36 deg.52'55.2" N, longitude 76 deg.20'16.5" W: thence southwesterly to 
latitude 36 deg.52'52.2" N, longitude 76 deg.20'18" W; thence 
southwesterly to latitude 36 deg.52'49.8" N, longitude 76 deg.20'25.8" 
W: thence northwesterly to latitude 36 deg.52'58.2" N, longitude 
76 deg.20'33.6" W; thence northeasterly to a point on the shore at 
latitude 36 deg.53'00" N, longitude 76 deg.20'30" W; thence northerly 
along the shoreline to the point of beginning.
    (b). The regulation. No vessel or persons may enter the restricted 
area unless specific authorization is granted by the Commander, Navy 
Region, Mid-Atlantic and/or other persons or agencies as he/she may 
designate.
    (c). Enforcement. The regulation in this section, promulgated by 
the Corps of Engineers, shall be enforced by the Commander, Navy 
Region, Mid-Atlantic, and such agencies or persons as he/she may 
designate.

    Dated: January 14, 2002.
Charles M. Hess,
Chief, Operations Division, Directorate of Civil Works.
[FR Doc. 02-3556 Filed 2-12-02; 8:45 am]
BILLING CODE 3710-92-P