Danger zones and restricted areas: Point Lookout to Cedar Point, MD; aerial firing range designation,

[Federal Register: April 15, 1999 (Volume 64, Number 72)]

[Rules and Regulations]

[Page 18580-18581]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr15ap99-16]

DEPARTMENT OF DEFENSE

Corps of Engineers, Department of the Army

33 CFR Part 334

Danger Zone, Chesapeake Bay, Point Lookout to Cedar Point, Maryland

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

ACTION: Final rule.

SUMMARY: This rule amends the danger zone regulations by redesignating an aerial firing range as an aerial and surface firing range and increases the use of the firing range and target area in the waters of the Chesapeake Bay. It also increases the use of the firing range from Monday through Saturday, except holidays, to continuous use. The restricted area of the Hannibal Target previously encompassed a water area with a radius of 600 yards. The change increases the radius of the restricted area to 1000 yards, prohibits entry into the areas at all times and prohibits the public from climbing on the targets. These changes are necessary to protect the public from hazardous conditions which may exist as a result of the U.S. Navy's use of the area. Other editorial amendments are made to reflect changes in the Navy's organization.

EFFECTIVE DATE: May 17, 1999.

ADDRESSES: HQUSACE, CECW-OR, Washington, DC 20314-1000.

FOR FURTHER INFORMATION CONTACT: Mr. Frank Torbett, Headquarters Regulatory Branch, at (202) 761-1787, or Mr. Steve Elinsky, Corps Baltimore District, at (410) 962-4503.

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 U.S.C. 3) the Corps is amending the danger zone and restricted area regulations in 33 CFR Part 334.200. The Commanding Officer of the U.S. Naval Air Station, Patuxent River, Maryland has requested that the Corps amend the danger zone and restricted area regulations by redesignating the existing ``aerial firing range'' as an ``aerial and surface firing range'' and increasing the Navy's use of the range from Monday through Saturday except holidays, to continuous use. The Navy is also enlarging the existing restricted area of the Hannibal Target from a water area with a radius of 600 yards to a radius of 1000 yards and making entry into the area prohibited at all times. The restricted area is presently closed during daylight hours except to vessels authorized entry by the Navy command. We are also adding a prohibition on climbing on the targets. These changes are necessary to protect the public from hazardous conditions which may exist as a result of the Navy's use of this area. Enforcement of these regulations is being changed from the Commander of the Naval Air Test Center to the Commanding Officer of the Naval Air Station.

[[Page 18581]]

Procedural Requirements

1. Review Under Executive Order 12866

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

2. Review Under the Regulatory Flexibility Act

   These rules have 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). The Corps expects that the economic impact of the establishment of this restricted area would have practically no impact on the public, no anticipated navigational hazard or interference with existing waterway traffic and accordingly, certifies that this proposal if adopted, will have no significant economic impact on small entities.

3. Review Under the National Environmental Policy Act

   An environmental assessment has been prepared for this action. We have concluded, based on the minor nature of the proposed additional restricted area regulations, that this action will not have a significant impact to the human environment, and preparation of an environmental impact statement is not required. The environmental assessment may be reviewed at the District Office listed at the end of FOR FURTHER INFORMATION CONTACT, above.

4. Unfunded Mandates Act

   This rule does not impose an enforceable duty among the private sector and, therefore, is not a Federal private sector mandate and is not subject to the requirements of Section 202 or 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.

5. Submission to Congress and the Comptroller General of the General Accounting Office

   Pursuant to Section 801(a)(1)(A) of the Administrative Procedure Act as amended by the Small Business Regulatory Enforcement Fairness Act of 1996, the Army has submitted a report containing this rule to the U.S. Senate, House of Representatives, and the Comptroller General of the General Accounting Office. This rule is not a major rule within the meaning of Section 804(2) of the Administrative Procedure Act, as amended.

   List of Subjects in 33 CFR Part 334

   Danger zones, navigation (water), transportation.

   For the reasons set out in the preamble, the Corps amends 33 CFR Title 334, as follows:

   PART 334--DANGER ZONE AND RESTRICTED AREA REGULATIONS

   1. The authority citation for 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. Section 334.200 is amended by revising the section heading; by revising the last sentence in paragraph (a)(1); and by revising paragraphs (b)(2) and (b)(3) and (c) to read as follows:

      Sec. 334.200 Chesapeake Bay, Point Lookout to Cedar Point; aerial and surface firing range and target area, U.S. Naval Air Station, Patuxent River, Maryland, danger zones.

      (a) * * *

      (1) * * * Aerial and surface firing and dropping of nonexplosive ordnance will be conducted throughout the year. * * * * *

      (b) * * *

      (2) The area. A circular area with a radius of 1000 yards having its center at latitude 38 degrees 02 minutes 18 seconds longitude 76 degrees 09 minutes 26 seconds identified as Hannibal Target.

      (3) The regulations. Nonexplosive projectiles and bombs will be dropped at frequent intervals in the target areas. Hooper and Hannibal target areas shall be closed to navigation at all times, except for vessels engaged in operational and maintenance activities as directed by the Commanding Officer of the U.S. Naval Air Station, Patuxent River, Maryland. No person in the waters, vessel, or other craft shall enter or remain in the closed area or climb on targets except on prior written approval of the Commanding Officer, U.S. Naval Air Station, Patuxent River, Maryland.

      (c) Enforcement. The regulations in this section shall be enforced by the Commanding Officer of the Naval Air Station, Patuxent River, Maryland and such agencies as he or she may designate.

      Dated: February 17, 1999. Eric R. Potts, Colonel, Corps of Engineers, Executive Director of Civil Works.

      [FR Doc. 99-8609Filed4-14-99; 8:45 am]

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