[Federal Register Volume 87, Number 146 (Monday, August 1, 2022)]
[Rules and Regulations]
[Pages 46888-46890]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16377]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 334

[COE-2021-0005]


Elizabeth River, Naval Station Norfolk Deperming Station, 
Norfolk, VA; Restricted Area

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

ACTION: Final rule.

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SUMMARY: The Corps of Engineers is establishing a restricted area in 
the waters of the Elizabeth River surrounding the Naval Station Norfolk 
(NSN) Lambert's Point Deperming Station in Norfolk, Virginia. Naval 
Station Norfolk is the home port of numerous ships and its facilities 
provide operational readiness support to the U.S. Atlantic Fleet. The 
deperming station is located within the waters of the Elizabeth River 
and it provides magnetic silencing services for military vessels. This 
deperming station is the only location capable of servicing an aircraft 
carrier and the only deperming facility on the east coast of the United 
States. The restricted area is necessary to protect underwater 
equipment, personnel, and vessels utilizing the facility by 
implementing a waterside security program. The regulation establishes 
the restricted area in waters surrounding the existing facility 
immediately adjacent to the channel into Norfolk Harbor.

[[Page 46889]]


DATES: Effective August 31, 2022.

ADDRESSES: U.S. Army Corps of Engineers, Attn: CECW-CO (David Olson), 
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 via email at [email protected].

SUPPLEMENTARY INFORMATION: The proposed rule was published in the 
October 8, 2021, edition of the Federal Register (86 FR 56236) and the 
regulations.gov docket number was COE-2021-0005. In response to the 
proposed rule, five comments were received.
    One commenter said that no natural heritage resources, potential 
habitat for natural heritage resources, or state natural area preserves 
under the Virginia Department of Conservation and Recreation's 
jurisdiction were identified in the vicinity of the proposed restricted 
area. They also stated that the current activity will not affect any 
documented state-listed plants or insects. Another commenter stated 
that the proposed rule does not include any activities that will 
disturb Chesapeake Bay Preservation Areas. Therefore, no Chesapeake Bay 
Preservation Act requirements are relevant to the establishment of the 
restricted area. One commenter said that no public groundwater wells 
are located within one mile of the proposed restricted area and no 
surface water intakes are located within five miles of the proposed 
restricted area. This commenter also stated that the proposed 
restricted area is also not within the watershed of any public surface 
water intakes and there are no apparent impacts to public drinking 
water sources due to the establishment of this restricted area. Another 
commenter said that the proposed restricted area is outside of their 
agency's jurisdictional areas and they will not require a permit for 
the establishment of the restricted area.
    One commenter expressed support for amending the federal 
regulations to include a restricted area around Lambert's Point 
Deperming Station. They said that the work performed at the deperming 
station is critical to the safety of the U.S. Naval Fleet, and the 
proposed restricted area is essential for its protection. This 
commenter referenced several federal regulations to support the Corps' 
authority and process to establish restricted areas to protect 
government assets, and stated that no further evaluation was warranted.
    In response to a request by the United States Navy, and 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 its 
regulations at 33 CFR part 334 to add a permanent restricted area in 
the waters of the Elizabeth River surrounding the Naval Station Norfolk 
Lambert's Point Deperming Station in Norfolk, Virginia.

Procedural Requirements

    a. Regulatory Planning and Review. This final rule is not a 
``significant regulatory action'' under Executive Order 12866 (58 FR 
51735, October 4, 1993) and it was not submitted to the Office of 
Management and Budget for review.
    b. Review Under the Regulatory Flexibility Act. This final rule has 
been reviewed under the Regulatory Flexibility Act (Pub. L. 96-354). 
The Regulatory Flexibility Act generally requires an agency to prepare 
a regulatory flexibility analysis of any rule subject to notice-and-
comment rulemaking requirements under the Administrative Procedure Act 
or any other statute unless the agency certifies that the rule will not 
have a significant economic impact on a substantial number of small 
entities (i.e., small businesses and small governments).
    The Corps certifies under 5 U.S.C. 605(b) that this final rule 
would not have a significant economic impact on a substantial number of 
small entities. The restricted area is necessary for security of the 
deperming station. The restricted area is also necessary to protect 
underwater equipment, personnel, and vessels utilizing the facility by 
implementing a waterside security program. Small entities can utilize 
navigable waters outside of the restricted area. Only vessels 
authorized by the Commanding Officer, U.S. Naval Station, Norfolk, 
Virginia and/or other persons or agencies that he/she may designate may 
enter the restricted area, and some of these vessels may be operated by 
small entities.
    This determination is based on the rules governing the restricted 
area, including the ability for vessel operators to obtain permission 
from the Commanding Officer, U.S. Naval Station, Norfolk, Virginia, 
and/or other persons or agencies as he/she may designate, to transit 
the restricted area. The Corps expects that the economic impact of the 
restricted area 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 
regulation on small entities, I certify that this final rule would 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 has determined that the 
establishment of this restricted area regulation will not have a 
significant impact to the quality of the human environment and, 
therefore, the preparation of an environmental impact statement is not 
required. An environmental assessment has been prepared for this final 
rule. It may be reviewed at the Norfolk District office at 803 Front 
Street, Norfolk, Virginia 23510.
    d. Unfunded Mandates Act. This final 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. The Corps has also found under Section 203 of the Act 
that small governments will not be significantly and uniquely affected 
by this rule.

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 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. Add Sec.  334.296 to read as follows:


Sec.  334.296  Elizabeth River, Deperming Station, Norfolk, VA, 
Restricted Area.

    (a) The area. The waters within an area beginning at a point 
latitude 36[deg]51'52'' N, longitude 76[deg]20'04'' W; thence easterly 
to a point at latitude 36[deg]51'52'' N, longitude 76[deg]19'49'' W, 
thence northerly to latitude 36[deg]52'06'' N, longitude 76[deg]19'48'' 
W; thence northwesterly to latitude 36[deg]52'12'' N, longitude 
76[deg]19'57'' W; thence northwesterly to a point at latitude 
36[deg]52'15'' N, longitude 76[deg]19'59'' W; thence westerly to 
latitude 36[deg]52'15'' N, longitude 76[deg]20'04'' W, thence to the 
point of origin. The datum for these coordinates is WGS-84.

[[Page 46890]]

    (b) The regulations. (1) No vessels other than vessels of the U.S. 
armed forces and other authorized vessels shall enter the restricted 
area. Other authorized vessels include vessels and personnel, including 
contractors and agents, acting on behalf of any federal or state agency 
or department performing specific work authorized as part of that 
agency's or department's statutory missions or to enforce their 
respective laws. Authorized vessels may enter anywhere in the 
restricted area at any time in the furtherance of their authorized 
operations. This includes, but is not limited to, vessels that are 
engaged in the following operations: law enforcement, servicing aids to 
navigation, and/or surveying, maintenance, or improvement of the 
federal navigational channel.
    (2) There shall be no introduction of external magnetic field 
sources within the area.
    (3) No person or vessel shall at any time, under any circumstances, 
anchor or fish or tow a drag of any kind in the restricted area due to 
the risk of damage to mission essential underwater equipment including 
an extensive cable system located therein.
    (4) Orders and instructions issued by U.S. Navy patrol craft or 
other authorized representatives of the enforcing agency shall be 
carried out promptly by persons or vessels in or in the vicinity of the 
restricted area.
    (c) Enforcement. The regulations in this section shall be enforced 
by the Commanding Officer, U.S. Naval Station, Norfolk, Virginia and 
such agencies as he/she may designate.

Thomas P. Smith,
Chief, P.E., Operations and Regulatory Division, Directorate of Civil 
Works.
[FR Doc. 2022-16377 Filed 7-29-22; 8:45 am]
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