[Federal Register Volume 72, Number 154 (Friday, August 10, 2007)]
[Rules and Regulations]
[Pages 44972-44973]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-15694]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 334


United States Navy Restricted Area, Key West Harbor, at U.S. 
Naval Base, Key West, Florida

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

ACTION: Final rule.

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SUMMARY: The U.S. Army Corps of Engineers (Corps) is amending the 
existing regulations for a restricted area at Naval Air Station Key 
West (NASKW). Naval Air Station Key West maintains ammunition magazines 
on Fleming Island that have explosive safety quality-distance (ESQD) 
requirements in place to ensure reasonable safety from serious injury 
should there be a magazine fire or explosion. The previous restricted 
area regulations did not adequately cover the ESQD requirements. This 
amendment to the existing regulation is necessary to protect the public 
from potentially hazardous conditions that may exist as a result of 
military use of the area.

DATES: Effective Date: September 10, 2007.

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

FOR FURTHER INFORMATION CONTACT: Mr. David Olson, Headquarters, 
Operations and Regulatory Community of Practice, Washington, DC at 202-
761-4922 or Mr.

[[Page 44973]]

Jon M. Griffin, U.S. Army Corps of Engineers, Jacksonville District, 
Regulatory Division, at 904-232-1680.

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 regulations in 33 CFR part 334 by 
modifying the restricted area at Sec.  334.610. The modification to the 
existing restricted area is described below. The proposed rule was 
published in the February 21, 2007, issue of the Federal Register (72 
FR 7841). One comment was received in response to the proposed rule. 
That commenter had no objection to the proposed amendment.
    The Ammunition and Hazardous Materials Handling Review Board has 
cited NASKW for allowing anchored pleasure craft to be within the 
inhabited building distance of the Fleming Island Magazine area. The 
amendment to the regulations will allow the Commanding Office NASKW to 
restrict passage of persons, watercraft, and vessels to ensure that 
ESQD requirements related to the Fleming Island Magazine area are met.

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 has concluded that modifying this restricted 
area would have practically no economic impact on the public, and would 
create no anticipated navigational hazard or interference with existing 
waterway traffic. Accordingly, it is certified that this rule will not 
have a significant economic impact on small entities.
    c. Review Under the National Environmental Policy Act. The Corps 
has concluded, based on the minor nature of this action, that the 
amendment to the restricted area will not be a major Federal action 
having significant impact on the quality of the human environment and, 
therefore, preparation of an environmental impact statement will not be 
required. An environmental assessment has been prepared and it is 
available by contacting the district office listed at the end of the 
FOR FURTHER INFORMATION CONTACT section, 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 Reform Act (Pub. L. 104-4, 109 Stat. 48, 2 
U.S.C. 1501 et seq.). We have also found under Section 203 of the Act 
that small governments will not be significantly or uniquely affected 
by this rule.

List of Subjects in 33 CFR Part 334

    Danger zones, Navigation (water), Restricted areas, Waterways.


0
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

0
1. The authority citation for 33 CFR 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).

0
2. Amend Sec.  334.610 by revising paragraph (a)(4) to read as follows:


Sec.  334.610  Key West Harbor, at U.S. Naval Base, Key West, Fla.; 
naval restricted areas and danger zone.

    (a) The areas. * * *
    (4) Beginning at the last point designated in area 3 at Latitude 
24[deg]34.0550' N., Longitude 81[deg]47.9166' W.; proceed in a 
northwesterly direction to a point at Latitude 24[deg]34.2725' N., 
Longitude 81[deg]48.1304' W.; thence proceed in a northeasterly 
direction to a point at Latitude 24[deg]34.3562' N., Longitude 
81[deg]48.0192' W.; thence proceed in a northwesterly direction to a 
point at Latitude 24[deg]34.4506' N., Longitude 81[deg]48.1444' W.; 
thence proceed in a northwesterly direction to a point at Latitude 
24[deg]34.5619' N., Longitude 81[deg]48.1873' W.; thence proceed in a 
northeasterly direction to a point at Latitude 24[deg]34.9084' N., 
Longitude 81[deg]48.0945' W.; thence proceed in a northeasterly 
direction to a point at Latitude 24[deg]34.9809' N., Longitude 
81[deg]47.9400' W.; proceed in a general northerly direction 
maintaining a distance of 100 yards from the shoreline of Fleming Key, 
continue around Fleming Key to a point easterly of the southeast corner 
of Fleming Key at Latitude 24[deg]34.0133' N., Longitude 
81[deg]47.6250' W.; thence easterly to Latitude 24[deg]33.9600' N., 
Longitude 81[deg]47.3333' W.; thence southerly to a point on the shore 
at Latitude 24[deg]33.9117' N., Longitude 81[deg]47.3450' W. The 
Department of the Navy plans to install buoys along that portion of the 
restricted area boundary which marks the outer edge of the explosive 
hazard safety distance requirements.
* * * * *

    Dated: August 6, 2007.
Lawrence A. Lang,
Acting Chief, Operations Directorate of Civil Works.
[FR Doc. E7-15694 Filed 8-9-07; 8:45 am]
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