[Federal Register Volume 83, Number 100 (Wednesday, May 23, 2018)]
[Proposed Rules]
[Pages 23864-23866]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11016]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 334

[COE-2017-0011]


James River, Skiffes Creek and Warwick River Surrounding Joint 
Base Langley-Eustis (JBLE-Eustis), Virginia; Restricted Areas and 
Danger Zones

AGENCY: 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 an existing 
permanent danger zone in the waters of the James River, Skiffes Creek 
and Warwick River in Newport News, Virginia. JBLE-Eustis contains a 
military port berthing numerous Army vessels and conducts exercises to 
include small craft testing and live fire training activities. The 
proposed amendment is necessary to protect the public from hazards 
associated with training and mission operations, and to protect 
government assets, missions, and the base population in general. The 
proposed amendment increases the restricted areas and creates danger 
zones surrounding the existing installation and firing ranges.

DATES: Written comments must be submitted on or before June 22, 2018.

ADDRESSES: You may submit comments, identified by docket number COE-
2017-0011, by any of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
    Email: [email protected]. Include the docket number, 
COE-2017-0011, 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-2017-0011. 
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 website 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 Nicole Woodward, Corps of Engineers, Norfolk District, 
Regulatory Branch, at 757-201-7122.

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

[[Page 23865]]

Engineers is proposing amendments to regulations in 33 CFR part 334 for 
the establishment of new restricted areas and danger zones, in the 
waters of the James River, Skiffes Creek and Warwick River in Newport 
News, Virginia. In a memorandum dated April 28, 2017, the Department of 
the Air Force requested that the Corps modify 33 CFR 334.280 to 
establish permanent restricted areas and danger zones. The proposed 
permanent restricted areas and danger zones are necessary to protect 
the public from hazards associated with training and mission 
operations, and to fulfill the current security needs of the Department 
of the Air Force to protect government assets, missions, and the base 
population in general at the facility. The proposed modification 
expands the restricted areas to surround JBLE-Eustis and establishes 
danger zones adjacent to the JBLE-Eustis firing ranges.

Procedural Requirements

a. Review Under Executive Order 12866

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This proposed rule has 
not been designated a ``significant regulatory action,'' under 
Executive Order 12866. Accordingly, this proposed rule has not been 
reviewed by the Office of Management and Budget (OMB), and pursuant to 
OMB guidance it is exempt from the requirements of Executive Order 
13771.
    The Corps determined this proposed rule is not a significant 
regulatory action. This regulatory action determination is based on the 
proposed rules governing the restricted areas, which allow any vessel 
that needs to transit the restricted areas to do so if the operator of 
the vessel obtains permission from Commander, JBLE-Eustis, and/or other 
persons or agencies as he/she may designate.

b. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000.
    The Corps certifies under 5 U.S.C. 605(b) that this rule would not 
have a significant economic impact on a substantial number of small 
entities. While some owners or operators of vessels that intend to 
transit the restricted areas or danger zones may be small entities, for 
the reasons stated in paragraph (a) above this rule would not have a 
significant economic impact on any vessel owner or operator. In 
addition, the restricted areas and danger zones are necessary to 
protect vessels and personnel assigned to JBLE-Eustis by implementing a 
waterside security program. They are also necessary to protect the 
public. Small entities can also utilize navigable waters outside of the 
restricted areas and danger zones. Small entities that need to transit 
the restricted areas and danger zones may do so as long as vessel 
operators obtain permission from the Commander, Joint Base Langley-
Eustis, and/or other persons or agencies as he/she may designate. The 
restricted areas are necessary for security of JBLE-Eustis. The danger 
zones area necessary for protect the public from hazards associated 
with training and mission operations. Unless information is obtained to 
the contrary during the comment period, the Corps expects that the 
economic impact of the proposed restricted areas and danger zones would 
have practically no impact on the public, any anticipated navigational 
hazard or interference with existing waterway traffic. After 
considering the economic impacts of this restricted area and danger 
zone regulation on small entities, I certify that this action will not 
have a significant impact on a substantial number of 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.

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

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. Revise Sec.  334.280 to read as follows:


Sec.  334.280   James River, Skiffes Creek and Warwick River 
surrounding Joint Base Langley-Eustis, Virginia; restricted areas and 
danger zones.

    (a) The areas. The datum for the coordinates for the restricted 
areas and danger zones described in this section is NAD-83.
    (1) Army Training and Small Craft Testing Area (restricted area). 
Beginning on the shore at latitude 37[deg]09'54'' N, longitude 
76[deg]36'25'' W, thence westerly to latitude 37[deg]09'53'' N, 
longitude 76[deg]36'59'' W, thence westerly to latitude 37[deg]09'50'' 
N, longitude 76[deg]37'45'' W, thence southerly to latitude 
37[deg]09'00'' N, longitude 76[deg]38'05'' W, thence southerly to 
latitude 37[deg]08'22'' N, longitude 76[deg]37'55'' W, thence due east 
to the shore at latitude 37[deg]08'22'' N, longitude 76[deg]37'20'' W, 
thence northerly following the shoreline to the point of beginning.
    (2) 3rd Port Facility (restricted area). An area surrounding the 
3rd Port facility, Fort Eustis, beginning at a point on the shore line 
at latitude 37[deg]09'54'' N, longitude 76[deg]36'25'' W, thence 
northerly, following the shoreline to latitude 37[deg]10'29'' N, 
longitude 76[deg]36'06'' W, thence westerly to latitude 37[deg]10'33'' 
N, longitude 76[deg]36'20'' W, thence following the shoreline to 
latitude 37[deg]10'13'' N, longitude 76[deg]36'42'' W, thence southerly 
to latitude 37[deg]09'53'' N, longitude 76[deg]36'59'' W, thence to the 
point of beginning.
    (3) Warwick River and any tributaries, creeks, estuaries, tidal 
areas, to include Butlers Gut and Jail Creek (restricted area). All 
navigable waters of the United States as defined in 33 CFR part 329 
within the boundaries of Fort Eustis, westerly of a line connecting the 
following coordinates: Commencing

[[Page 23866]]

from the shoreline at latitude 37[deg]09'47'' N, longitude 
76[deg]33'52'' W, thence following the meanders of the installation 
boundary along the westerly mean low waterline of Warwick River, thence 
to a point on the installation boundary at latitude 37[deg]04'35'' N, 
longitude 76[deg]33'19'' W.
    (4) James River and any tributaries, creeks, estuaries, tidal 
areas, to include Nells Creek, Locust Neck Creek, Dudleys Creek, 
Morrisons Creek, Morleys Gut, Blows Creek, and Milstead Creek 
(restricted area). Navigable waters of the United States as defined at 
33 CFR part 329 within the boundaries of Fort Eustis, north/north-
easterly of a line connecting the following coordinates: Commencing 
from the shoreline at latitude 37[deg]04'35'' N, longitude 
76[deg]33'19'' W, thence following the meanders of the installation 
boundary along the northeasterly mean low waterline of the James River, 
thence to a point on the installation boundary at latitude 
37[deg]10'03'' N, longitude 76[deg]36'26'' W at a point at the mouth of 
Skiffes Creek.
    (5) Skiffes Creek and any tributaries, creeks, estuaries, tidal 
areas, to include Baileys Creek (restricted area). All navigable waters 
of the United States as defined at 33 CFR part 329 within the 
boundaries of Fort Eustis, easterly of a line connecting the following 
coordinates: Commencing from a point on the installation boundary at 
latitude 37[deg]10'03'' N, longitude 76[deg]36'26'' W, thence following 
the meanders of the installation boundary along the northeasterly mean 
low waterline of Skiffes Creek, thence to a point at latitude 
37[deg]10'30'' N, longitude 76[deg]36'07'' W within Skiffes Creek at 
the centerline of an unnamed tributary off Skiffes Creek; thence, with 
the centerline meanders of the said centerline of the unnamed tributary 
following the meanders of the installation boundary; thence to a point 
on the installation boundary at latitude 37[deg]10'36'' N, longitude 
76[deg]36'02'' W.
    (6) Danger Zone Warwick River. Navigable waters of the United 
States as defined at 33 CFR part 329 that encroach upon the boundaries 
of the Danger Zone of Fort Eustis, westerly of a line connecting the 
following coordinates: Commencing from the installation boundary at 
latitude 37[deg]06'44'' N, longitude 76[deg]34'04'' W, thence to a 
point at latitude 37[deg]06'44'' N, longitude 76[deg]34'02'' W, thence 
to a point at latitude 37[deg]06'35'' N, longitude 76[deg]33'56'' W, 
thence to a point at latitude 37[deg]06'28'' N, longitude 
76[deg]33'57'' W, thence to a point at latitude 37[deg]06'15'' N, 
longitude 76[deg]33'30'' W, thence to a point at latitude 
37[deg]05'43'' N, longitude 76[deg]33'13'' W, thence to a point at 
latitude 37[deg]05'33'' N, longitude 76[deg]33'17'' W, thence to a 
point at latitude 37[deg]05'13'' N, longitude 76[deg]32'53'' W, thence 
to a point at latitude 37[deg]05'03'' N, longitude 76[deg]33'09'' W, 
thence following the meanders of the installation boundary along the 
southwesterly mean low waterline of Warwick River, thence to a point at 
latitude 37[deg]04'52'' N, longitude 76[deg]33'13'' W, thence to a 
point at latitude 37[deg]04'49'' N, longitude 76[deg]33'11'' W, thence 
to a point at latitude 37[deg]04'43'' N, longitude 76[deg]33'28'' W, 
thence following the meanders of the installation boundary along the 
southwesterly mean low waterline of Warwick River, thence to a point at 
latitude 37[deg]04'35'' N, longitude 76[deg]33'19'' W.
    (7) Danger Zone James River. Navigable waters of the United States 
as defined at 33 CFR part 329 that encroach upon the boundaries of the 
Danger Zone of Fort Eustis, north/north-easterly of a line connecting 
the following coordinates: Commencing from the installation boundary at 
latitude 37[deg]04'35'' N, longitude 76[deg]33'19'' W, thence following 
the meanders of the installation boundary along the easterly mean low 
waterline of James River to a point at latitude 37[deg]04'39'' N, 
longitude 76[deg]33'39'' W, thence to a point at latitude 
37[deg]04'33'' N, longitude 76[deg]34'15'' W, thence to a point at 
latitude 37[deg]04'52'' N, longitude 76[deg]34'19'' W, thence to a 
point at latitude 37[deg]04'52'' N, longitude 76[deg]34'18'' W, thence 
to a point at latitude 37[deg]04'60'' N, longitude 76[deg]34'20'' W, 
thence to a point at latitude 37[deg]05'19'' N, longitude 
76[deg]34'51'' W, thence to a point at latitude 37[deg]05'53'' N, 
longitude 76[deg]35'00'' W, thence to a point at latitude 
37[deg]06'03'' N, longitude 76[deg]35'08'' W, thence following the 
meanders of the installation boundary along the easterly mean low 
waterline of James River, thence to a point at latitude 37[deg]06'40'' 
N, longitude 76[deg]35'52'' W, thence to a point at latitude 
37[deg]06'35'' N, longitude 76[deg]36'19'' W, thence to a point on the 
installation boundary at latitude 37[deg]06'50'' N, longitude 
76[deg]36'21'' W.
    (b) The regulations. (1) For the restricted areas defined in 
paragraphs (a)(1) and (a)(2) of this section:
    (i) All vessels will contact the 3rd Port Harbor Master on marine 
channel 12 or 68 prior to entering or transiting these restricted 
areas.
    (ii) The passage of fishing vessels to or from authorized traps, or 
the transit of commercial vessels, will be coordinated with the 3rd 
Port Harbor Master on marine channel 12 or 68.
    (iii) The harvesting and cultivation of oyster beds or the setting 
of fish traps within these restricted areas will be allowed provided 
the commercial fisherman coordinate access to these areas with the 3rd 
Port Harbor Master on marine channel 12 or 68.
    (iv) The Commander, Joint Base Langley-Eustis will, to the extent 
possible, give public notice from time to time through local news media 
and the Coast Guard's Local Notice to Mariners of the schedule of 
intended Department of Defense use of the restricted areas.
    (2) For the restricted areas defined in paragraphs (a)(3), (a)(4), 
and (a)(5) of this section:
    (i) Entry into these areas is for official government purposes 
only, or as authorized by the Commander, Joint Base Langley-Eustis.
    (ii) Entry will be coordinated and conducted in accordance with the 
policies and procedures established by the Commander, Joint Base 
Langley-Eustis.
    (3) For the danger zones defined in paragraphs (a)(6) and (a)(7) of 
this section:
    (i) Persons, vessels or other craft shall not enter or remain in 
the danger zone when firing is or will soon be in progress unless 
authorized to do so by the enforcing agency.
    (ii) Advance notice of the schedule of small arms firing will be 
provided via the Joint Base Langley-Eustis web page.
    (iii) All projectiles will be fired to land within the impact area 
on the Fort Eustis peninsula. Neither the Department of the Army nor 
the Department of the Air Force will be responsible for damages by such 
projectiles to nets, traps, buoys, pots, fishpounds, stakes, or other 
equipment which may be located within these danger zones.
    (c) Enforcement. The regulations of this section shall be enforced 
by the Commander, Joint Base Langley-Eustis, Virginia, and such 
agencies as the commander may designate.

    Dated: May 11, 2018.
Thomas P. Smith,
Chief, Operations and Regulatory Division, Directorate of Civil Works.
[FR Doc. 2018-11016 Filed 5-22-18; 8:45 am]
 BILLING CODE 3720-58-P