[Federal Register Volume 67, Number 47 (Monday, March 11, 2002)]
[Rules and Regulations]
[Pages 10843-10844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-5654]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 334


United States Navy Restricted Area, Hampton Roads and Willoughby 
Bay, Virginia

AGENCY: United States Army Corps of Engineers, DoD.

ACTION: Final rule.

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SUMMARY: The U.S. Army Corps of Engineers is amending its regulations 
which establish a restricted area in waters adjacent to the Norfolk 
Naval Base at Norfolk, Virginia. This amendment will close off an open 
area on the south side of the base and changes the enforcement 
responsibility from the base commander to the Commander, Navy Region, 
Mid-Atlantic. The regulations are necessary to safeguard Navy 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 Navy use of the 
area.

EFFECTIVE DATE: April 10, 2002.

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

[[Page 10844]]


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 amending section 334.300 which establishes a restricted 
area in waters adjacent to the Norfolk Naval Base at Norfolk, 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 
(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 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 additional 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 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, 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, Navigation (water), Restricted areas, 
Waterways.
    For the reasons set out in the preamble, the Corps amends 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. Revise Sec. 334.300 to read as follows:


Sec. 334.300  Hampton Roads and Willoughby Bay, Norfolk Naval Base, 
Naval Restricted Area, Norfolk, Virginia

    (a) The area. (1) The waters within an area beginning at latitude 
36 deg.55'55" N, longitude 76 deg.20'02" W; thence northwesterly to 
latitude 36 deg.56'00" N, longitude 76 deg.20'08" W; thence northerly 
along the eastern limit of Norfolk Harbor Channel to latitude 
36 deg.57'52" N, longitude 76 deg.20'00" W; thence easterly to latitude 
36 deg.57'52" N, longitude 76 deg.19'35" W; thence to latitude 
36 deg.57'47.7" N, 76 deg.18'57" W; thence southeasterly to latitude 
36 deg.57'26" N, longitude 76 deg.18'42" W; thence easterly to latitude 
36 deg.57'26.2" N, longitude 76 deg.17'55.2" W; thence southerly to 
latitude 36 deg.57'05" N, longitude 76 deg.17'52" W; thence 
southeasterly to latitude 36 deg.56'56.2" N, longitude 76 deg.17'27" W; 
thence northeasterly to latitude 36 deg.57'10" N, latitude 
76 deg.16'29" W; thence to the shoreline at latitude 36 deg.57'18.8" N, 
longitude 76 deg.16'22" W at the Naval Air Station.
    (2) Beginning at a point on the Naval Station shore at latitude 
36 deg.56'37.5" N, longitude 76 deg.19'44" W; thence westerly and 
northerly along the breakwater to its extremity at latitude 
36 deg.56'41.5" N, longitude 76 deg.19'54" W; thence westerly to a 
point on the eastern limit of Norfolk Harbor Channel at latitude 
36 deg.56'41.5" N, longitude 76 deg.20'05.5" W; thence northerly along 
the eastern limit of Norfolk Harbor Channel to latitude 36 deg.57'52" 
N, longitude 76 deg.20'00" W; thence easterly to latitude 36 deg.57'52" 
N, longitude 76 deg.19'35" W; thence to latitude 36 deg.57'47.7" N., 
longitude 73 deg.18'57" W; thence southeasterly to latitude 
36 deg.57'26" N, longitude 76 deg.18'42" W; thence easterly to latitude 
36 deg.57'26.2" N, longitude 76 deg.17'55.2" W; thence southerly to 
latitude 36 deg.57'05" N, longitude 76 deg.17'52" W; thence 
southeasterly to latitude 36 deg.56'56.2" N, longitude 76 deg.17'27" W; 
thence northeasterly to latitude 36 deg.57'10" N, longitude 
76 deg.16'29" W; and thence to the shoreline at latitude 
36 deg.57'18.8" N, longitude 76 deg.16'22" W, at the Naval Air Station.
    (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 
United States Army Corps of Engineers, shall be enforced by the 
Commander, Navy Region, Mid-Atlantic, and/or such agencies or persons 
as he/she may designate.

    Dated: February 7, 2002.
Charles M. Hess,
Chief, Operations Division, Directorate of Civil Works.
[FR Doc. 02-5654 Filed 3-8-02; 8:45 am]
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