[Federal Register Volume 87, Number 232 (Monday, December 5, 2022)]
[Proposed Rules]
[Pages 74348-74349]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26367]



[[Page 74348]]

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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 334

[COE-2022-0009]


Establishment of Three Danger Zones for the Naval Support 
Activity Annapolis, Annapolis, Maryland, in the Waters of Carr Creek 
and Whitehall Bay

AGENCY: U.S. 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 establish three danger 
zones in the waters of Carr Creek and Whitehall Bay in the vicinity of 
the Naval Support Activity Annapolis. The establishment of the proposed 
danger zone in Carr Creek is necessary to enable safe operation of the 
United States Naval Academy firing range and to reflect the routine and 
periodic usage of the firing range for training sailors, midshipmen, 
and law enforcement personnel. The establishment of the two proposed 
danger zones in Whitehall Bay is necessary to enable the safe operation 
of the United States Naval Academy firing range and to reflect 
irregular and infrequent usage of the range for training sailors, 
midshipmen, and law enforcement personnel. The firing range faces Carr 
Creek and, during times of operation, may present a danger to vessels 
located in the areas of the proposed danger zones.

DATES: Written comments must be submitted on or before January 4, 2023.

ADDRESSES: You may submit comments, identified by docket number COE-
2022-0009, by any of the following methods:
    Federal eRulemaking Portal: https://www.regulations.gov. Follow the 
instructions for submitting comments.
    Email: [email protected]. Include the docket number, 
COE-2022-0009, 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-2022-0009. 
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 also 
include your contact information with any compact disk 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 Division, Washington, DC at 202-761-4922.

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 its 
regulations at 33 CFR part 334 for the establishment of three danger 
zones in the waters of Carr Creek and Whitehall Bay near Annapolis, 
Maryland. In a memorandum dated June 10, 2022, the Naval Support 
Activity Annapolis requested that the Corps establish these three 
danger zones. The proposed danger zones are necessary to ensure the 
safe operation of the United States Naval Academy firing range.
    The proposed danger zone in Carr Creek is needed to enable the safe 
operation of the United States Naval Academy firing range. The firing 
range is used for training sailors, midshipmen, and law enforcement 
personnel on an irregular daily schedule, including weekends. The 
firing range faces Carr Creek and, during times of operation, may 
present a danger to vessels located within the proposed danger zone. 
When firing is in progress, a flashing red light and warning sign at 
the boundary of the danger zone will warn persons, vessels, or other 
watercraft of danger.
    The two proposed danger zones in Whitehall Bay are also needed to 
enable the safe operation of the United States Naval Academy firing 
range. During operation of the firing range in a manner that affects 
these proposed danger zones, persons, vessels, or other watercraft will 
be notified of closure of these two danger zones by a Local Notice to 
Mariners.

Procedural Requirements

    a. Regulatory Planning and Review. This proposed rule is not a 
``significant regulatory action'' under Executive Order 12866 (58 FR 
51735, October 4, 1993) and Executive Order 13563 (76 FR 3821, January 
21, 2011) and it was not submitted to the Office of Management and 
Budget for review.
    b. Regulatory Flexibility Act, as Amended by the Small Business 
Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 601 et seq. This 
proposed 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 proposed rule 
would not have a significant economic impact on a substantial number of 
small entities. The proposed danger zones are necessary for the safe 
operation of the United States Naval Academy firing range and the 
safety of persons, vessels, or other watercraft in the vicinity of Carr 
Creek and Whitehall Bay. When the firing range is in operational use, 
small entities can utilize navigable waters outside of the three danger 
zones. Small entities that need to transit the danger zones may do so 
as long as the vessel

[[Page 74349]]

operator obtains permission from the Superintendent, U.S. Naval Academy 
or their designated representatives. This determination is based on the 
proposed rule governing the danger zones, including the ability for 
vessel operators to obtain permission from the Superintendent, U.S. 
Naval Academy or their designated representatives to transit the danger 
zones. Unless information is obtained to the contrary during the 
comment period, the Corps expects that the economic impact of the 
proposed 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 danger 
zone regulation on small entities, I certify that this proposed 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 
significant 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.
    e. Congressional Review Act. The Congressional Review Act, 5 U.S.C. 
801 et seq., generally provides that before a rule may take effect, the 
agency promulgating the rule must submit a rule report, which includes 
a copy of the rule, to each House of Congress and to the Comptroller 
General of the United States. The Corps will submit a report containing 
the final rule and other required information to the U.S. Senate, the 
U.S. House of Representatives, and the Comptroller General of the 
United States. A major rule cannot take effect until 60 days after it 
is published in the Federal Register. This proposed rule is not a 
``major rule'' as defined by 5 U.S.C. 804(2).

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. Add Sec.  334.148 to read as follows:


Sec.  334.148  Carr Creek and Whitehall Bay, in vicinity of Naval 
Support Activity Annapolis, U.S. Naval Academy firing range danger 
zones.

    (a) The areas--(1) Danger zone #1. All navigable waters of Carr 
Creek, as defined at part 329 of this chapter, north of the line drawn 
southeasterly from latitude 38[deg]59'3'' N, longitude -76[deg]27'35'' 
W to latitude 38[deg]58'53'' N longitude -76[deg]27'15'' W across the 
mouth of Carr Creek.
    (2) Danger zone #2. Navigable waters of Whitehall Bay, as defined 
at part 329 of this chapter, within the area bounded by a line 
connecting the following coordinates: latitude 38[deg]58'53'' N, 
longitude -76[deg]26'57'' W; thence to latitude 38[deg]58'37'' N, 
longitude -76[deg]26'10'' W; thence to latitude 38[deg]58'16'' N, 
longitude -76[deg]26'28'' W; thence to latitude 38[deg]58'45'' N, 
longitude -76[deg]27'4'' W; and thence along the shoreline to the point 
of origin.
    (3) Danger zone #3. Navigable waters of Whitehall Bay, as defined 
at part 329 of this chapter, within the area bounded by a line 
connecting the following coordinates: latitude 38[deg]58'28'' N, 
longitude -76[deg]26'17'' W; thence to latitude 38[deg]58'14'' N, 
longitude -76[deg]25'53'' W; thence to latitude 38[deg]58'0'' N, 
longitude -76[deg]26'9'' W; thence to latitude 38[deg]58'16'' N, 
longitude -76[deg]26'28'' W; thence to the point of origin.
    (4) Datum. The datum for the coordinates in paragraphs (a)(1) 
through (3) of this section is North American Datum 1983 (NAD-83).
    (b) The regulations--(1) Danger zone #1. (i) When firing is in 
progress, all persons, vessels, or other watercraft are prohibited from 
entering, transiting, drifting, dredging, or anchoring within the 
danger zone without the permission of the Superintendent, U.S. Naval 
Academy or their designated representatives.
    (ii) When firing is in progress, a flashing red light and warning 
sign at the boundary of the danger zone will warn persons, vessels, or 
other watercraft of danger.
    (2) Danger zones #2 and #3. (i) Prior to and during periods when 
firing is in progress, shore observers will be on duty, and/or the 
range will be patrolled by naval surface craft to warn persons, 
vessels, or other watercraft likely to be endangered. All persons, 
vessels, or other watercraft so warned shall vacate the applicable 
danger zone and are prohibited from entering, transiting, drifting, 
mooring, anchoring, and/or conducting any activity within that danger 
zone until the conclusion of firing practice without the permission of 
the Superintendent, U.S. Naval Academy or their designated 
representatives.
    (ii) No firing will occur during hours of darkness or low 
visibility that would impede viewing of persons, vessels, or other 
watercraft by shore observers.
    (iii) The Superintendent, U.S. Naval Academy is responsible for 
furnishing in advance the firing schedule for danger zones 2 and 3 to 
Commander, Fifth Coast Guard District, for publication in a Local 
Notice to Mariners.
    (c) Enforcement. The regulations in this section shall be enforced 
by the Superintendent, U.S. Naval Academy, Annapolis, Maryland and such 
agencies as they may designate.

Thomas P. Smith,
Chief, Operations and Regulatory Division.
[FR Doc. 2022-26367 Filed 12-2-22; 8:45 am]
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