[Federal Register Volume 77, Number 65 (Wednesday, April 4, 2012)]
[Proposed Rules]
[Pages 20331-20333]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-8113]


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DEPARTMENT OF DEFENSE

33 CFR Part 334


Department of the Army, Corps of Engineers

Felgates Creek and Indian Field Creek along the York River in 
Yorktown, VA; Restricted Area

AGENCY: U.S. Army Corps of Engineers, Department of Defense, DOD.

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 restricted area in the waters of Felgates Creek and Indian 
Field Creek along the York River in Yorktown, Virginia. Naval Weapons 
Station Yorktown is requesting the Corps of Engineers modify the 
existing restricted area to include areas historically noted on 
nautical charts as closed to the public and traditionally enforced by 
the Commander, Naval Weapons Station Yorktown. Naval Weapons Station 
Yorktown provides ordnance logistics, technical, supply and related 
services to the Atlantic Fleet. Felgates Creek and Indian Field Creek 
are within a designated Level Two Restricted Area as defined by the 
Navy Physical Security and Law Enforcement Program. In addition, 
Felgates Creek and Indian Field Creek are within explosive arcs from 
various munitions points on Naval Weapons Station Yorktown. Naval 
Weapons Station Yorktown is seeking authorization to expand the 
existing restricted area to enhance safety and security.

DATES: Written comments must be submitted on or before May 4, 2012.

ADDRESSES: You may submit comments, identified by docket number COE-
2011-0038, by any of the following methods:

[[Page 20332]]

    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
    Email: [email protected]. Include the docket number, 
COE-2011-0038, 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-2011-0038. 
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 
email. 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 email 
directly to the Corps without going through regulations.gov, your email 
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 Ms. Nicole Woodward, Corps of Engineers, Norfolk District, 
Regulatory Branch, at 757-201-7122.

SUPPLEMENTARY INFORMATION:

Executive Summary

    The purpose of this regulatory action is to amend an existing 
restricted area to include areas historically noted on nautical charts 
as closed to the public and traditionally enforced by the Commander, 
Naval Weapons Station Yorktown.
    The Corps authority to amend this restricted area is 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).

Background

    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 restricted area in the waters of Felgates Creek and Indian 
Field Creek along the York River in Yorktown, Virginia. Naval Weapons 
Station Yorktown provides ordnance logistics, technical, supply and 
related services to the Atlantic Fleet. Felgates Creek and Indian Field 
Creek are within a designated Level Two Restricted Area as defined by 
OPNAVIST 5530.14E, Navy Physical Security and Law Enforcement Program. 
In addition, Felgates Creek and Indian Field Creek are within explosive 
arcs from various munitions points on Naval Weapons Station Yorktown. 
Naval Weapons Station Yorktown is seeking authorization to expand the 
existing restricted area to enhance safety and security. The Navy has 
also requested that these waterways shall remain restricted pursuant to 
authorities granted in 33 U.S.C. 1 during the rulemaking process. The 
temporary restricted areas were established as a separate action 
announced by public notice issued by the Norfolk District on September 
12, 2011.

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

    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 restricted area 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. After it is 
prepared, it may be reviewed at the District office listed at the end 
of the FOR FURTHER INFORMATION CONTACT section, 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).


[[Page 20333]]


    2. Revise Sec.  334.260 to read as follows:


Sec.  334.260   York River, Va.; naval restricted areas.

    (a) The areas--(1) Naval mine service-testing area (prohibited). A 
rectangular area surrounding Piers 1 and 2, Naval Weapons Station, and 
extending upstream therefrom, beginning at a point on the shore line at 
latitude 37[deg]15'25'' N, longitude 76[deg]32'32'' W; thence to 
latitude 37[deg]15'42'' N, longitude 76[deg]32'06'' W; thence to 
latitude 37[deg]15'27'' N, longitude 76[deg]31'48'' W; thence to 
latitude 37[deg]15'05'' N, longitude 76[deg]31'27'' W; thence to a 
point on the shore line at latitude 37[deg]14'51'' N, longitude 
76[deg]31'50'' W; and thence along the shore line to the point of 
beginning.
    (2) Naval mine service-testing area (restricted). A rectangular 
area adjacent to the northeast boundary of the prohibited area 
described in paragraph (a)(1) of this section, beginning at latitude 
37[deg]16'00'' N, longitude 76[deg]32'29'' W; thence to latitude 
37[deg]16'23'' N, longitude 76[deg]32'00'' W; thence to latitude 
37[deg]15'27'' N, longitude 76[deg]30'54'' W; thence to latitude 
37[deg]15'05'' N, longitude 76[deg]31'27'' W; thence to latitude 
37[deg]15'27'' N, longitude 76[deg]31'48'' W; thence to latitude 
37[deg]15'42'' N, longitude 76[deg]32'06'' W; thence to latitude 
37[deg]15'40'' N, longitude 76[deg]32'09'' W; and thence to the point 
of beginning.
    (3) Explosives-Handling Berth (Naval). A circular area of 600 yards 
radius with its center at latitude 37[deg]13'56'' N, longitude 
76[deg]28'48'' W.
    (4) Felgates Creek (prohibited). Navigable waters of the United 
States as defined at 33 CFR part 329 within Felgates Creek from the 
boundary fence line at the mouth to the mean high water line of the 
head and all associated tributaries. The area contains the entirety of 
Felgates Creek and all associated tributaries south of the line which 
begins at latitude 37[deg]16'24'' N, longitude 76[deg]35'12'' W and 
extends east to latitude 37[deg]16'21'' N, longitude 76[deg]35'00'' W.
    (5) Indian Field Creek (prohibited). Navigable waters of the United 
States as defined at 33 CFR part 329 within Indian Field Creek from the 
boundary fence line at the mouth to the mean high water line of the 
head and all associated tributaries. The area contains the entirety of 
Indian Field Creek and all associated tributaries south of the line 
which begins at latitude 37[deg]16'05'' N, longitude 76[deg]33'29'' W 
and extends east to latitude 37[deg]16'01'' N, longitude 76[deg]33'22'' 
W.
    (b) The regulations. (1) All persons and all vessels other than 
naval craft are forbidden to enter the prohibited area described in 
paragraph (a)(1) of this section.
    (2) Trawling, dragging, and net-fishing are prohibited, and no 
permanent obstructions may at any time be placed in the area described 
in paragraph (a)(2) of this section. Upon official notification, any 
vessel anchored in the area and any person in the area will be required 
to vacate the area during the actual mine-laying operation. Persons and 
vessels entering the area during mine-laying operations by aircraft 
must proceed directly through the area without delay, except in case of 
emergency. Naval authorities are required to publish advance notice of 
mine-laying and/or retrieving operations scheduled to be carried on in 
the area, and during such published periods of operation, fishing or 
other aquatic activities are forbidden in the area. No vessel will be 
denied passage through the area at any time during either mine-laying 
or retrieving operations.
    (3) The Explosives-Handling Berth (Naval) described in paragraph 
(a)(3) of this section is reserved for the exclusive use of naval 
vessels and except in cases of emergency no other vessel shall anchor 
therein without the permission of local naval authorities, obtained 
through the Captain of the Port, U.S. Coast Guard, Norfolk, Virginia. 
There shall be no restriction on the movement of vessels through the 
Explosive-Handling Berth.
    (4) Vessels shall not be anchored, nor shall persons in the water 
approach within 300 yards of the perimeter of the Explosives-Handling 
Berth (Naval) when that berth is occupied by a vessel handling 
explosives.
    (5) All persons and all vessels are forbidden to enter the 
prohibited areas described in paragraphs (a)(4) and (a)(5) of this 
section without prior permission of the enforcing agency.
    (6) The regulations of this section shall be enforced by the 
Commander, Naval Weapons Station Yorktown, Virginia, and such agencies 
as he/she may designate.

    Dated: March 29, 2012.
Richard C. Lockwood,
Chief, Operations and Regulatory, Directorate of Civil Works.
[FR Doc. 2012-8113 Filed 4-3-12; 8:45 am]
BILLING CODE 3720-58-P