[Federal Register Volume 72, Number 225 (Friday, November 23, 2007)]
[Rules and Regulations]
[Pages 65667-65669]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-22845]


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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: United States Army Corps of Engineers, Department of Defense.

ACTION: Final rule.

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SUMMARY: The Corps of Engineers is amending its regulations to modify 
an existing danger zone, in waters of the United States in the vicinity 
of Bloodsworth Island, Maryland. The amendment reflects the current 
operational and safety procedures at the Bloodsworth Island Range and 
highlights 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: Effective Date: December 24, 2007.

ADDRESSES: U.S. Army Corps of Engineers, Attn: CECW-CO (David B. 
Olson), 441 G Street, NW., Washington, DC 20314-1000.

[[Page 65668]]


FOR FURTHER INFORMATION CONTACT: Mr. David Olson, Headquarters, U.S. 
Army Corps of Engineers, Operations and Regulatory Community of 
Practice, Washington, DC at 202-761-4922, or Mr. Steve Elinsky, U.S. 
Army 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 is amending 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 amendment 
provides more detailed times, dates, and extents of restrictions.
    The proposed rule was published in the Federal Register on February 
26, 2007 (72 FR 8325). No comments were received in response to the 
proposed rule.

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 determined that the modification of this danger 
zone would have practically no economic impact on the public, or result 
in no anticipated navigational hazard or interference with existing 
waterway traffic. This rule 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 determined that this rule will 
not have a significant impact to the quality of the human environment 
and, therefore, preparation of an environmental impact statement is not 
required. An environmental assessment with a Finding of No Significant 
Impact has been prepared for this action in accordance with applicable 
regulations. It may be reviewed at the 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, 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.
    e. Submission to Congress and the General Accountability 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 Corps 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 Accountability 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.

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. Section 334.190 is revised to read as follows:


Sec.  334.190  Chesapeake Bay, in vicinity of Bloodsworth Island, MD, 
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 Island, 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 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

[[Page 65669]]

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 noted 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: November 16, 2007.
Lawrence A. Lang,
Deputy, Operations, Directorate of Civil Works.
[FR Doc. E7-22845 Filed 11-21-07; 8:45 am]
BILLING CODE 3710-92-P