[Federal Register Volume 72, Number 37 (Monday, February 26, 2007)]
[Proposed Rules]
[Pages 8325-8327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-2875]


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DEPARTMENT OF DEFENSE

Department of the Army; Corps of Engineers

33 CFR Part 334


Department of the Navy, Chesapeake Bay, in Vicinity of 
Bloodsworth Island, MD

AGENCY: Department of the Army, United States Army Corps of Engineers, 
DOD.

ACTION: Notice of proposed rulemaking and request for comments.

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SUMMARY: The Corps of Engineers is proposing to amend the regulations 
in 33 CFR 334.190 which establishes a danger zone, in waters of the 
United States in the vicinity of Bloodsworth Island, Maryland. The 
proposed amendment will reflect the current operational and safety 
procedures at the Bloodsworth Island Range and highlight a change in 
the enforcement authority from the Commander, Naval Base Norfolk, 
Virginia to the Commander, Naval Air Station Patuxent River, Maryland. 
The regulations are necessary to safeguard United States Navy vessels 
and United States Government facilities/installations from sabotage and 
other subversive acts, accidents, or incidents of a similar nature. 
These regulations are also necessary to protect the public from 
potentially hazardous conditions which may exist as a result from use 
of the areas by the United States Navy.

DATES: Written comments must be submitted on or before March 28, 2007.

ADDRESSES: You may submit comments, identified by docket number COE-
2006-0040, by any of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
    E-mail: [email protected]. Include the docket number, 
COE-2006-0040, in the subject line of the message.
    Fax: 202-761-0140.
    Mail: U.S. Army Corps of Engineers, Attn: CECW-OR/MVD (David B. 
Olson), 441 G Street NW., Washington, DC 20314-1000.
    Hand Delivery/Courier: Due to security requirements, we cannot 
receive comments by hand delivery or courier.
    Instructions: Direct your comments to docket number COE-2006-0040. 
All comments received will be included in the public docket without 
change and may be made available on-line fnl;at http://www.regulations.gov, including

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any personal information provided, unless the commenter indicates that 
the comment includes information claimed to be Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Do not submit information that you consider to be CBI, or 
otherwise protected, through regulations.gov or e-mail. The 
regulations.gov web site is an anonymous access system, which means we 
will not know your identity or contact information unless you provide 
it in the body of your comment. If you send an e-mail directly to the 
Corps without going through regulations.gov, your e-mail address will 
be automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, we recommend that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If we cannot read your comment because of 
technical difficulties and cannot contact you for clarification, we may 
not be able to consider your comment. Electronic comments should avoid 
the use of any special characters, any form of encryption, and be free 
of any defects or viruses.
    Docket: For access to the docket to read background documents or 
comments received, go to www.regulations.gov. All documents in the 
docket are listed. Although listed in the index, some information is 
not publicly available, such as CBI or other information whose 
disclosure is restricted by statute. Certain other material, such as 
copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form.
    Consideration will be given to all comments received within 30 days 
of the date of publication of this notice.

FOR FURTHER INFORMATION CONTACT: Mr. David Olson, Headquarters, 
Operations and Regulatory Community of Practice, Washington, DC at 202-
761-4922, or Mr. Steve Elinsky, Corps of Engineers, Baltimore District, 
Regulatory Branch, 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; 33 
U.S.C. 3), the Corps proposes to amend the danger zone regulations at 
33 CFR 334.190 to reflect current operational and safety procedures at 
the Bloodsworth Island Range and highlight a change in the enforcement 
authority from the Commander, Naval Base Norfolk, Virginia to the 
Commander, Naval Air Station Patuxent River, Maryland. The proposed 
amendment will also provide more detailed times, dates, and extents of 
restrictions.

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). Unless information is 
obtained to the contrary during the public notice comment period, the 
Corps expects that the economic impact of the amendment of this danger 
zone would have practically no impact on the public, no anticipated 
navigational hazard or interference with existing waterway traffic. 
This proposed rule if adopted, will have no significant economic impact 
on small entities.

c. Review Under the National Environmental Policy Act

    Due to the administrative nature of this action and because there 
is no intended change in the use of the area, the Corps expects that 
this regulation, if adopted, will not have a significant impact to the 
quality of the human environment and, therefore, preparation of an 
environmental impact statement will not be required. An environmental 
assessment will be prepared after the public notice period is closed 
and all comments have been received and considered. It 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, it is not a Federal private sector 
mandate and it is not subject to the requirements of either Section 202 
or Section 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, Navigation (water), 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 33 CFR 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 334.190 would be revised to read as follows:


Sec.  334.190,  Chesapeake Bay, in vicinity of Bloodsworth Island, MD; 
shore bombardment, air bombing, air strafing, and rocket firing area, 
U.S. Navy.

    (a) The areas--(1) Prohibited area. All waters within a circle 0.5 
miles in radius with its center at latitude 38[deg]10'00'', longitude 
76[deg]06'00''; Bloodsworth Island, Pone Island, Northeast Island, and 
Adams Island.
    (2) The danger zone. All waters of Chesapeake Bay and Tangier Sound 
within an area bounded as follows: Beginning at latitude 
38[deg]08'15'', longitude 76[deg]10'00'' thence to latitude 
38[deg]12'00'', longitude 76[deg]10'00''; thence to latitude 
38[deg]12'00'', longitude 76[deg]07'00''; thence to latitude 
38[deg]13'00'', longitude 76[deg]06'00''; thence to latitude 
38[deg]13'00'', longitude 76[deg]04'00''; thence to latitude 
38[deg]12'00'', longitude 76[deg]02'00''; thence to latitude 
38[deg]12'00'', longitude 76[deg]00'00''; thence to latitude 
38[deg]08'15'', longitude 76[deg]00'00''; thence to the point of 
beginning, excluding the prohibited area described in paragraph (a)(1) 
of this section.
    (b) The regulations. (1) No person, vessel or other craft shall 
approach closer than 75 yards to the beaches, shoreline, or piers of 
Bloodsworth, Pone Island, Northeast Island, Adams Island, or any 
Patuxent River Naval Air Station property at any time unless authorized 
to do so by the enforcing agency. No person, vessel or other craft 
shall approach rafts, barges, or platforms closer than 100 yards.
    (2) No person, vessel, or other craft shall enter or remain in the 
danger zone when notified by the enforcing authority to keep clear. Any 
watercraft under way or at anchor, upon being so warned, shall 
immediately vacate the area and shall remain outside the area until 
conclusion of potentially hazardous test or training events.
    (3) The area will be in use intermittently throughout the year.
    (4) Prior to the commencement of any potentially hazardous test or 
training

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event that requires clearing of non participant boats from the danger 
zone, surface or air search of the entire area will be made for the 
purpose of locating and warning all craft and persons not connected 
with the test or training event, and a patrol will be maintained 
throughout the duration of the event.
    (5) All persons, vessels, or other craft shall clear the area when 
warned by patrol vessels.
    (6) Patrol vessels will provide warning that a potentially 
hazardous test or training event is in progress or is about to 
commence; when so warned, fishing or oystering vessels or other craft 
not directly connected with the event shall not navigate within the 
danger zone. Deep-draft vessels proceeding in established navigation 
channels normally will be permitted to traverse the area upon 
coordination with range patrol vessels. The patrol vessels will ensure 
safe separation between all non-participant vessels and potentially 
hazardous operations.
    (7) When potentially hazardous testing or training is not in 
progress or is not about to commence, oystering and fishing boats and 
other craft may operate within the danger zone.
    (8) All potentially hazardous test or training events will be 
performed in such a way as to contain the hazard footprint to the 
established danger zone described in paragraph (a) of this section. 
Naval authorities will not be responsible for damage to nets, traps, 
buoys, pots, fish pounds, stakes, or other equipment that may be 
located within the danger zone.
    (9) Nothing in this regulation shall be intended to prevent the 
lawful use of approved waterfowl hunting blinds along the shorelines of 
Bloodsworth Island range complex, provided that all necessary licenses 
and permits have been obtained from the Maryland Department of Natural 
Resources and the completed copy of the permit has been submitted to 
the Conservation Division Director at NAS Patuxent River. Waterfowl 
hunters must observe all warnings and range clearances, as note herein.
    (10) The regulations in this section shall be enforced by the 
Commander, Naval Air Station Patuxent River, Maryland, and such 
agencies as he/she may designate.

    Dated: February 14, 2007.
Lawrence A. Lang,
Acting Chief, Operations, Directorate of Civil Works.
 [FR Doc. E7-2875 Filed 2-23-07; 8:45 am]
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