25 February 2011

[Federal Register: February 25, 2011 (Volume 76, Number 38)]
[Rules and Regulations]               
[Page 10522-10524]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25fe11-10]                         

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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 334

 
Naval Surface Warfare Center, Upper Machodoc Creek and the 
Potomac River, Dahlgren, VA; Danger Zone

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

ACTION: Final rule.

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SUMMARY: The U.S. Army Corps of Engineers is amending its regulations 
for the existing danger zone in the vicinity of Naval Surface Warfare 
Center, Dahlgren, in King George County, Virginia. The amendment 
changes the description of the hazardous operations in the area, the 
hours of operation, and expands the boundaries of a portion of the 
danger zone. The amendment is necessary to protect the public from 
potentially hazardous conditions which may exist as a result of use of 
the areas by the United States Navy.

DATES: Effective Date: March 28, 2011.

FOR FURTHER INFORMATION CONTACT: Mr. David B. Olson, Headquarters, 
Operations and Regulatory Community of Practice, Washington, DC at 202-
761-4922 or by e-mail at david.b.olson@usace.army.mil, or Mr. Robert 
Berg, Corps of Engineers, Norfolk District, Regulatory Branch, at 757-
201-7793 or by e-mail at robert.a.berg@usace.army.mil.

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 is amending the danger zone regulations at 33 CFR 
334.230 to: Expand the description of continuing hazardous operations 
in the danger zone to include firing of large or small caliber guns and 
projectiles, aerial bombing, directed energy technology, and manned or 
unmanned water craft operations; expand the Middle Danger Zone farther 
into Upper Machodoc Creek where operations involving directed energy, 
watercraft maneuvers and transportation of explosives are conducted; 
add a 100-yard buffer to prevent public contact with unexploded 
ordinance along the shoreline of the Naval Facility within the Middle 
Danger Zone; and extend normal hours of operation of hazardous 
operations from 4 p.m. to 5 p.m. The danger zone represents a public 
safety buffer beyond the physical boundaries of the test range to 
further reduce the safety threat to the boating public.
    The proposed rule was published in the November 10, 2010, issue of 
the Federal Register (75 FR 69033) with the docket number COE-2010-0038 
and no comments were received.

Procedural Requirements

a. Review Under Executive Order 12866

    This final 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 final 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). The economic impact of the amendment 
to this danger zone does not have an effect on the public, does not 
result in a navigational hazard, or interfere with existing waterway 
traffic. Therefore, this final rule does not have a 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 determined the 
amendment does not have a significant impact on the quality of the 
human environment and, therefore, preparation of an environmental 
impact statement is not required. An environmental assessment was 
prepared after the public notice period closed. The environmental 
assessment may be reviewed at the District office listed at the end of 
the FOR FURTHER INFORMATION CONTACT section, above.

[[Page 10523]]

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. 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 stated 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. Revise paragraph (a) of Sec.  334.230 to read as follows:


Sec.  334.230  Potomac River.

    (a) Naval Surface Warfare Center, Dahlgren, VA--(1) The areas. 
Portions of the Upper Machodoc Creek and Potomac River near Dahlgren, 
VA as described below:
    (i) Lower zone. The entire portion of the lower Potomac River 
between a line from Point Lookout, Maryland, to Smith Point, Virginia, 
and a line from Buoy 14 (abreast of St. Clements Island) to a point 
near the northeast shore of Hollis Marsh at latitude 38[deg]10'00'', 
longitude 76[deg]45'22.4''. Hazardous operations are conducted in this 
zone at infrequent intervals.
    (ii) Middle zone. Beginning at the intersection of the Harry W. 
Nice Bridge with the Virginia shore; thence to Light 33; thence to 
latitude 38[deg]19'06'', longitude 76[deg]57'06'' which point is about 
3,300 yards east-southeast of Light 30; thence to Line of Fire Buoy O, 
about 1,150 yards southwest of Swan Point; thence to Line of Fire Buoy 
M, about 1,700 yards south of Potomac View; thence to Line of Fire Buoy 
K, about 1,400 yards southwesterly of the lower end of Cobb Island; 
thence to Buoy 14, abreast of St. Clements Island, thence southwest to 
a point near the northeast shore of Hollis Marsh at latitude 
38[deg]10'00''; longitude 76[deg]45'22.4''; thence northwest to Line of 
Fire Buoy J, about 3,000 yards off Popes Creek, Virginia; thence to 
Line of Fire Buoy L, about 3,600 yards off Church Point; thence to Line 
of Fire Buoy N, about 900 yards off Colonial Beach; thence to Line of 
Fire Buoy P, about 1,000 yards off Bluff Point; thence northwest to 
latitude 38[deg]17'54'', longitude 77[deg]01'02'', a point of the 
Virginia shore on property of the Naval Support Facility Dahlgren, a 
distance of about 4,080 yards; thence north along the Potomac shore of 
Naval Surface Warfare Center, Dahlgren to Baber Point; and thence west 
along the Upper Machodoc Creek shore of Naval Surface Warfare Center, 
Dahlgren to Howland Point at latitude 38[deg]19'0.5'', longitude 
77[deg]03'23''; thence northeast to latitude 38[deg]19'18'', longitude 
77[deg]02'29'', a point on the Naval Surface Warfare Center, Dahlgren 
shore about 350 yards southeast of the base of the Navy recreational 
pier. Hazardous operations are normally conducted in this zone daily 
except Saturdays, Sundays, and national holidays.
    (iii) Upper zone. Beginning at Mathias Point, Va.; thence north to 
Light 5; thence north-northeast to Light 6; thence east-southeast to 
Lighted Buoy 2, thence east-southeast to a point on the Maryland shore 
at approximately latitude 38[deg]23'35.5'', longitude 76[deg]59'15.5''; 
thence south along the Maryland shore to, and then along, a line 
passing through Light 1 to the Virginia shore, parallel to the Harry W. 
Nice Bridge; thence north with the Virginia shore to the point of 
beginning. Hazardous operations are conducted in this zone at 
infrequent intervals.
    (2) The regulations. (i) Hazardous operations normally take place 
between the hours of 8 a.m. and 5 p.m. daily except Saturdays, Sundays 
and national holidays, with infrequent night firing between 5 p.m. and 
10:30 p.m. During a national emergency, hazardous operations will take 
place between the hours of 6 a.m. and 10:30 p.m. daily except Sundays. 
Hazardous operations may involve firing large or small caliber guns and 
projectiles, aerial bombing, use of directed energy, and operating 
manned or unmanned watercraft.
    (ii) When hazardous operations are in progress, no person, or 
fishing or oystering vessels shall operate within the danger zone 
affected unless so authorized by the Naval Surface Warfare Center, 
Dahlgren's patrol boats. Oystering and fishing boats or other craft may 
cross the river in the danger zone only after they have reported to the 
patrol boat and received instructions as to when and where to cross. 
Deep-draft vessels using dredged channels and propelled by mechanical 
power at a speed greater than five miles per hour may proceed directly 
through the danger zones without restriction except when notified to 
the contrary by the patrol boat. Unless instructed to the contrary by 
the patrol boat, small craft navigating up or down the Potomac River 
during hazardous operations shall proceed outside of the northeastern 
boundary of the Middle Danger Zone. All craft desiring to enter the 
Middle Danger Zone when proceeding in or out of Upper Machodoc Creek 
during hazardous operations will be instructed by the patrol boat; for 
those craft that desire to proceed in or out of Upper Machodoc Creek on 
a course between the western shore of the Potomac River and a line from 
the Main Dock of Naval Surface Warfare Center, Dahlgren to Line of Fire 
Buoy P, clearance will be granted to proceed upon request directed to 
the patrol boat.
    (iii) Due to hazards of unexploded ordnance, no person or craft in 
the Middle Danger Zone shall approach closer than 100 yards to the 
shoreline of Naval Surface Warfare Center, Dahlgren, previously known 
as the Naval Surface Weapons Center.
    (3) Enforcement. The regulations shall be enforced by the 
Commander, Naval Surface Warfare Center, Dahlgren and such agencies as 
he/she may designate. Patrol boats, in the execution of their mission 
assigned herein, shall display a square red flag during daylight hours 
for purposes of identification; at night time, a 32 point red light 
shall be displayed at the mast head. Naval Surface Warfare Center, 
Dahlgren (Range Control) can be contacted by Marine VHF radio (Channel 
16) or by telephone (540) 653-8791.
    (4) Exceptions. Nothing in this regulation shall be intended to 
prevent commercial fishing or the lawful use of approved waterfowl 
hunting blinds along the shorelines of Naval Surface Warfare Center, 
Dahlgren, provided that all necessary licenses and permits have been 
obtained from the Maryland Department of Natural Resources, the 
Virginia Department of Game and Inland Fisheries, or the Potomac River 
Fisheries Commission. Waterfowl hunters shall provide a completed copy 
of their blind permit to the Natural Resources Manager at Naval Surface 
Warfare Center, Dahlgren. Commercial fishermen and waterfowl hunters 
must observe all warnings and range clearances, as noted herein. 
Federal, State and local law enforcement agencies are exempt from the 
provisions of paragraph (a) of this section.
* * * * *


[[Page 10524]]


    Dated: February 22, 2011.
Jonathan A. Davis,
Deputy Chief, Operations and Regulatory, Directorate of Civil Works.
[FR Doc. 2011-4280 Filed 2-24-11; 8:45 am]
BILLING CODE 3720-58-P