[Federal Register Volume 76, Number 196 (Tuesday, October 11, 2011)]
[Proposed Rules]
[Pages 62692-62694]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-26198]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 334


Atlantic Ocean off Wallops Island and Chincoteague Inlet, 
Virginia; Danger Zone

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

ACTION: Notice of proposed rulemaking and request for comments.

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SUMMARY: The Corps of Engineers is proposing to amend an existing 
permanent danger zone in the waters of the Atlantic Ocean off Wallops 
Island and Chincoteague Inlet, Virginia. The National Aeronautics and 
Space Administration, Goddard Space Flight Center, Wallops Flight 
Facility conducts rocket-launching operations. The proposed amendment 
is necessary to protect the public from hazards associated with the 
rocket-launching operations. The proposed amendment would increase the 
danger zone to a 30 nautical mile sector.

DATES: Written comments must be submitted on or before November 10, 
2011.

ADDRESSES: You may submit comments, identified by docket number COE-
2011-0019, 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-2011-0019, in the subject line of the message.
    Mail: U.S. Army Corps of Engineers, Attn: CECW-CO-R (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-2011-0019. 
All comments received will be included in the public docket without 
change and may be made available on-line at http://www.regulations.gov, 
including 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

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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.

FOR FURTHER INFORMATION CONTACT: Mr. David Olson, Headquarters, 
Operations and Regulatory Community of Practice, Washington, DC at 202-
761-4922, or Nancy Hankins, Corps of Engineers, Norfolk District, 
Regulatory Branch, at 757-201-6048.

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 of Engineers is proposing amendments to 
regulations in 33 CFR Part 334 for a permanent danger zone in the 
waters of the Atlantic Ocean off Wallops Island and Chincoteague Inlet, 
Virginia. The proposed modification of the existing permanent danger 
zone is necessary to protect the public from hazards associated with 
rocket-launching operations. The proposed modification expands the 
danger zone to a 30 nautical mile sector.

Procedural Requirements

a. Review Under Executive Order 12866

    This proposed rule is issued with respect to a military function of 
the Department of Defense and the provisions of Executive Order 12866 
do not apply.

b. Review Under the Regulatory Flexibility Act

    This proposed 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). Unless information is 
obtained to the contrary during the public notice comment period, the 
Corps expects that the amendment of this danger zone would have 
practically no economic 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 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.  334.130 to read as follows:


Sec.  334.130  Atlantic Ocean off Wallops Island and Chincoteague 
Inlet, Va.; danger zone.

    (a) The area. An area immediately behind and directly offshore from 
Wallops Island defined by lines drawn as follows: Beginning at latitude 
37[deg]53'00'' N, longitude 75[deg]29'48'' W; thence to latitude 
37[deg]53'03'' N, longitude 74[deg]50'52'' W; thence to latitude 
37[deg]38'28'' N, longitude 74[deg]51'48'' W; thence to latitude 
37[deg]22'00'' N, longitude 75[deg]09'35'' W; thence to latitude 
37[deg]19'11'' N, longitude 75[deg]30'00'' W; thence to latitude 
37[deg]47'57'' N, longitude 75[deg]32'19'' W; and thence to latitude 
37[deg]53'00'' N, longitude 75[deg]29'48'' W.
    (b) The regulations. (1) Persons and vessels shall only be 
prohibited from entering the area when launch operations are being 
conducted.
    (2) In advance of scheduled launch operations which, in the opinion 
of the enforcing agency, may be dangerous to persons and watercraft, 
appropriate warnings will be issued to navigation interests through 
official government and civilian channels or in such other manner as 
the District Engineer, U.S. Army Corps of Engineers, may direct. Such 
warnings will specify the location, time, and duration of operations, 
and give other pertinent information as may be required in the interest 
of safety. Announcement of area of closure will appear in the weekly 
``Notice to Mariners.''
    (3) The intent to conduct rocket-launching operations in the area 
shall also be indicated by visual signals consisting of a large orange-
colored ``blimp-shaped'' balloon by day and a rotating alternately red 
and white beacon by night. The balloon shall be flown at latitude 
37[deg]50'38'' N, longitude 75[deg]28'47'' W and the beacon shall be 
displayed about 200 feet above mean high water at latitude 
37[deg]50'16'' N, longitude 75[deg]29'07'' W. The appropriate signals 
shall be displayed 30 minutes prior to rocket-launching time and shall 
remain displayed until the danger no longer exists.
    (4) In addition to visual signals and prior to conducting launch 
operations, the area will be patrolled by aircraft or surface vessels 
and monitored by radars and cameras to ensure no persons or watercraft 
are within the danger zone or designated area of interest within the 
danger zone. Patrol aircraft and surface vessels are equipped with 
marine band radios and may attempt to hail watercraft and request that 
they leave

[[Page 62694]]

the designated area and remain clear of the area at a safe distance 
until launch operations are complete, and launch will not occur until 
the designated area is clear. Patrol aircraft may also employ the 
method of warning known as ``buzzing'' which consists of low flight by 
the airplane and repeated opening and closing of the throttle. 
Surveillance vessels may also come close to watercraft and employ 
flashing light to establish communications to indicate that the 
watercraft is entering the designated hazard area.
    (5) Any watercraft being so warned shall immediately leave 
designated area until the conclusion of launch operations, and shall 
remain at a distance that it will be safe from falling debris.
    (6) Nothing in this regulation shall be intended to prevent 
commercial fishing or the lawful use of approved waterfowl hunting 
blinds along the shorelines of the Wallops Flight Facility at Wallops 
Island, Virginia, provided that all necessary licenses and permits have 
been obtained from the Virginia Marine Resources Commission, Virginia 
Department of Game and Inland Fisheries, and U.S. Fish and Wildlife 
Service. Commercial fishermen and waterfowl hunters must observe all 
warnings and range clearances during hazardous range operations.
    (c) Enforcement. The regulations in this section shall be enforced 
by the Director, National Aeronautics and Space Administration, Goddard 
Space Flight Center, Wallops Flight Facility Wallops Island, Va., or 
such agencies as he or she may designate.

    Dated: September 30, 2011.
Michael G. Ensch,
Chief, Operations and Regulatory, Directorate of Civil Works.
[FR Doc. 2011-26198 Filed 10-7-11; 8:45 am]
BILLING CODE 3720-58-P