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22 February 2007
Google Satellite Photo of Magazines
[Federal Register: February 21, 2007 (Volume 72, Number 34)]
[Proposed Rules]
[Page 7841-7842]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21fe07-10]
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DEPARTMENT OF DEFENSE
Department of the Army; Corps of Engineers
33 CFR Part 334
United States Navy Restricted Area, Key West Harbor, at U.S.
Naval Base, Key West, FL
AGENCY: U.S. Army Corps of Engineers, DoD.
ACTION: Notice of proposed rule making and request for comments.
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SUMMARY: The U.S. Army Corps of Engineers (Corps) is proposing to amend
the existing regulations for a restricted area at Naval Air Station Key
West (NASKW). Naval Air Station Key West maintains ammunition magazines
on Fleming Island that have explosive safety quality-distance (ESQD)
requirements in place to ensure reasonable safety from serious injury
should there be a magazine fire or explosion. The current restricted
area regulations do not adequately cover the ESQD requirements. This
amendment to the existing regulation is necessary to protect the public
from potentially hazardous conditions that may exist as a result of
military use of the area.
DATES: Written comments must be submitted on or before March 23, 2007.
ADDRESSES: You may submit comments, identified by docket number COE-
2007-0003, by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov. Follow the
instructions for submitting comments.
E-mail: david.b.olson@usace.army.mil. Include the docket number,
COE-2007-0003, in the subject line of the message.
Mail: U.S. Army Corps of Engineers, Attn: CECW-CO (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-2007-0003.
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
e-mail. The regulations.gov web site 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 e-
mail directly to the Corps without going through regulations.gov, your
e-mail 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 http://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.
Consideration will be given to all comments received within 30 days
of the date of publication of this notice.
FOR FURTHER INFORMATION CONTACT: Mr. David Olson, Headquarters,
Operations and Regulatory Community of Practice, Washington, DC at 202-
761-4922 or Mr. Jon M. Griffin, U.S. Army Corps of Engineers,
Jacksonville District, Regulatory Division, at 904-232-1680.
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 proposing to amend the regulations in 33 CFR
part 334 by modifying the restricted area at section 334.610(a)(4). The
modification to the existing restricted area is described in the body
of this notice.
The Ammunition and Hazardous Materials Handling Review Board has
cited NASKW for allowing anchored pleasure craft to be within the
inhabited building distance of the Fleming Island Magazine area. The
amendment to the regulations will allow the Commanding Office NASKW to
restrict passage of persons, watercraft, and vessels to ensure that
ESQD requirements related to the Fleming Island Magazine area are met.
Procedural Requirements
a. Review Under Executive Order 12866. The proposed 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. The proposed 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). Unless information is obtained to
the contrary during the public notice comment period, the Corps expects
that the economic impact of the amendment of this restricted area would
have practically no impact on the public, no anticipated navigational
hazard or interference with existing waterway traffic. This proposed
rule, if
[[Page 7842]]
adopted, will have no 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 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. It may be reviewed at the District
office listed at the end of FOR FURTHER INFORMATION CONTACT, above.
d. Unfunded Mandates Act. This proposed 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 Reform Act (Public Laws
104-4, 109 Stat. 48, 2 U.S.C. 1501 et seq.). We have also found under
Section 203 of the Act, that small governments will not be
significantly or uniquely affected by this rule.
List of Subjects in 33 CFR Part 334
Danger zones, Navigation (water), Restricted areas, Waterways.
For the reasons set out in the preamble, the Corps proposes to
amend a portion of 33 CFR Part 334 as follows:
PART 334--DANGER ZONE AND RESTRICTED AREA REGULATIONS
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).
2. Amend Sec. 334.610 by revising paragraph (a)(4) to read as
follows:
Sec. 334.610 Key West Harbor, at U.S. Naval Base, Key West, Fla.;
naval restricted areas and danger zone.
(a) The areas. * * *
(4) Beginning at the last point designated in area 3 at Latitude
24[deg]34.0550[min] N., Longitude 81[deg]47.9166[min] W.; proceed in a
northwesterly direction to a point at Latitude 24[deg]34.2725[min] N.,
Longitude 81[deg]48.1304[min] W.; thence proceed in a northeasterly
direction to a point at Latitude 24[deg]34.3562[min] N., Longitude
81[deg]48.0192[min] W.; thence proceed in a northwesterly direction to
a point at Latitude 24[deg]34.4506[min] N., Longitude
81[deg]48.1444[min] W.; thence proceed in a northwesterly direction to
a point at Latitude 24[deg]34.5619[min] N., Longitude
81[deg]48.1873[min] W.; thence proceed in a northeasterly direction to
a point at Latitude 24[deg]34.9084[min] N., Longitude
81[deg]48.0945[min] W.; thence proceed in a northeasterly direction to
a point at Latitude 24[deg]34.9809[min] N., Longitude
81[deg]47.9400[min] W.; proceed in a general northerly direction
maintaining a distance of 100 yards from the shoreline of Fleming Key,
continue around Fleming Key to a point easterly of the southeast corner
of Fleming Key at Latitude 24[deg]34.0133[min] N., Longitude
81[deg]47.6250[min] W.; thence easterly to Latitude 24[deg]33.9600[min]
N., Longitude 81[deg]47.3333[min] W.; thence southerly to a point on
the shore at Latitude 24[deg]33.9117[min] N., Longitude
81[deg]47.3450[min] W. The Department of the Navy plans to install
buoys along that portion of the restricted area boundary which marks
the outer edge of the explosive hazard safety distance requirements.
* * * * *
Dated: February 15, 2007.
Lawrence A. Lang,
Acting Chief, Operations, Directorate of Civil Works.
[FR Doc. E7-2874 Filed 2-20-07; 8:45 am]
BILLING CODE 3710-92-P