Department of the Navy, Chesapeake Bay, in Vicinity of Bloodsworth Island, MD, 8325-8327 [E7-2875]

Download as PDF Federal Register / Vol. 72, No. 37 / Monday, February 26, 2007 / Proposed Rules it is not a ‘‘significant regulatory action’’ under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. List of Subjects in 33 CFR Part 100 DEPARTMENT OF DEFENSE Marine safety, Navigation (water), Reporting and recordkeeping requirements, Waterways. For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 100 as follows: Department of the Army; Corps of Engineers PART 100—SAFETY OF LIFE ON NAVIGABLE WATERS Technical Standards The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This proposed rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. hsrobinson on PROD1PC76 with PROPOSALS Environment We have analyzed this proposed rule under Commandant Instruction M16475.lD and Department of Homeland Security Management Directive 5100.1, which guides the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321–4370f), and have concluded that there are no factors in this case that would limit the use of a categorical exclusion under section 2.B.2 of the Instruction. Therefore, this rule is categorically excluded, under figure 2–1, paragraph (34)(h), of the Instruction, from further environmental documentation. Special local regulations issued in conjunction with a regatta or marine event permit are specifically excluded from further analysis and documentation under those sections. Under figure 2–1, paragraph (34)(h), of the Instruction, an ‘‘Environmental Analysis Check List’’ and a ‘‘Categorical Exclusion Determination’’ are not required for this rule. Comments on this section will be considered before we make the final decision on whether to categorically exclude this rule from further environmental review. VerDate Aug<31>2005 16:00 Feb 23, 2007 Jkt 211001 8325 1. The authority citation for part 100 continues to read as follows: Authority: 33 U.S.C. 1233, Department of Homeland Security Delegation No. 0170.1. 2. Add temporary § 100.35–T05–009 to read as follows: § 100.35–T05–009 River, Maryland. Martin Lagoon, Middle (a) Regulated area. The regulated area includes all waters of Martin Lagoon that are north of a line drawn from latitude 39°19′34″ N, 076°25′41″ W, thence to a position located at 39°19′33″ N, 076°25′33″ W. All coordinates reference Datum NAD 1983. (b) Definitions: As used in this section (1) Coast Guard Patrol Commander means a commissioned, warrant, or petty officer of the Coast Guard who has been designated by the Commander, Coast Guard Sector Baltimore. (2) Official Patrol means any vessel assigned or approved by Commander, Coast Guard Sector Baltimore with a commissioned, warrant, or petty officer on board and displaying a Coast Guard ensign. (c) Special local regulations: (1) Except for persons or vessels authorized by the Coast Guard Patrol Commander, no person or vessel may enter or remain in the regulated area. (2) The operator of any vessel in the regulated area shall: (i) Stop the vessel immediately when directed to do so by any Official Patrol. (ii) Proceed as directed by any official patrol. (d) Enforcement period. This section will be enforced from 9 a.m. to 11 p.m. on May 12, 2007. If the marine event is postponed due to weather, then the temporary special local regulations will be enforced during the same time period on May 13, 2007. Dated: February 14, 2007. Larry L. Hereth, Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District. [FR Doc. E7–3211 Filed 2–23–07; 8:45 am] BILLING CODE 4910–15–P PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 33 CFR Part 334 Department of the Navy, Chesapeake Bay, in Vicinity of Bloodsworth Island, MD Department of the Army, United States Army Corps of Engineers, DOD. ACTION: Notice of proposed rulemaking and request for comments. AGENCY: SUMMARY: The Corps of Engineers is proposing to amend the regulations in 33 CFR 334.190 which establishes a danger zone, in waters of the United States in the vicinity of Bloodsworth Island, Maryland. The proposed amendment will reflect the current operational and safety procedures at the Bloodsworth Island Range and highlight a change in the enforcement authority from the Commander, Naval Base Norfolk, Virginia to the Commander, Naval Air Station Patuxent River, Maryland. The regulations are necessary to safeguard United States Navy vessels and United States Government facilities/installations from sabotage and other subversive acts, accidents, or incidents of a similar nature. These regulations are also necessary to protect the public from potentially hazardous conditions which may exist as a result from use of the areas by the United States Navy. DATES: Written comments must be submitted on or before March 28, 2007. ADDRESSES: You may submit comments, identified by docket number COE– 2006–0040, 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–2006–0040, in the subject line of the message. Fax: 202–761–0140. Mail: U.S. Army Corps of Engineers, Attn: CECW–OR/MVD (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–2006–0040. All comments received will be included in the public docket without change and may be made available on-line fnl;at http://www.regulations.gov, including E:\FR\FM\26FEP1.SGM 26FEP1 hsrobinson on PROD1PC76 with PROPOSALS 8326 Federal Register / Vol. 72, No. 37 / Monday, February 26, 2007 / Proposed Rules 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 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 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. Steve Elinsky, Corps of Engineers, Baltimore District, Regulatory Branch, 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; 33 U.S.C. 3), the Corps proposes to amend the danger zone regulations at 33 CFR 334.190 to reflect current operational and safety procedures at the Bloodsworth Island Range and highlight a change in the VerDate Aug<31>2005 16:00 Feb 23, 2007 Jkt 211001 enforcement authority from the Commander, Naval Base Norfolk, Virginia to the Commander, Naval Air Station Patuxent River, Maryland. The proposed amendment will also provide more detailed times, dates, and extents of restrictions. Procedural Requirements a. Review Under Executive Order 12866 This proposed rule is issued with respect to a military function of the Defense Department and the provisions of Executive Order 12866 do not apply. 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 1. The authority citation for 33 CFR 334 continues to read as follows: Authority: 40 Stat. 266 (33 U.S.C. 1) and 40 Stat. 892 (33 U.S.C. 3). b. Review Under the Regulatory Flexibility Act 2. Section 334.190 would be revised to read as follows: These proposed rules have been reviewed under the Regulatory Flexibility Act (Public Law 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 danger zone would have practically no impact on the public, no anticipated navigational hazard or interference with existing waterway traffic. This proposed rule if adopted, will have no significant economic impact on small entities. § 334.190, Chesapeake Bay, in vicinity of Bloodsworth Island, MD; shore bombardment, air bombing, air strafing, and rocket firing area, U.S. Navy. 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, 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. PO 00000 Frm 00034 Fmt 4702 Sfmt 4702 (a) The areas—(1) Prohibited area. All waters within a circle 0.5 miles in radius with its center at latitude 38°10′00″, longitude 76°06′00″; Bloodsworth Island, Pone Island, Northeast Island, and Adams Island. (2) The danger zone. All waters of Chesapeake Bay and Tangier Sound within an area bounded as follows: Beginning at latitude 38°08′15″, longitude 76°10′00″ thence to latitude 38°12′00″, longitude 76°10′00″; thence to latitude 38°12′00″, longitude 76°07′00″; thence to latitude 38°13′00″, longitude 76°06′00″; thence to latitude 38°13′00″, longitude 76°04′00″; thence to latitude 38°12′00″, longitude 76°02′00″; thence to latitude 38°12′00″, longitude 76°00′00″; thence to latitude 38°08′15″, longitude 76°00′00″; thence to the point of beginning, excluding the prohibited area described in paragraph (a)(1) of this section. (b) The regulations. (1) No person, vessel or other craft shall approach closer than 75 yards to the beaches, shoreline, or piers of Bloodsworth, Pone Island, Northeast Island, Adams Island, or any Patuxent River Naval Air Station property at any time unless authorized to do so by the enforcing agency. No person, vessel or other craft shall approach rafts, barges, or platforms closer than 100 yards. (2) No person, vessel, or other craft shall enter or remain in the danger zone when notified by the enforcing authority to keep clear. Any watercraft under way or at anchor, upon being so warned, shall immediately vacate the area and shall remain outside the area until conclusion of potentially hazardous test or training events. (3) The area will be in use intermittently throughout the year. (4) Prior to the commencement of any potentially hazardous test or training E:\FR\FM\26FEP1.SGM 26FEP1 hsrobinson on PROD1PC76 with PROPOSALS Federal Register / Vol. 72, No. 37 / Monday, February 26, 2007 / Proposed Rules event that requires clearing of non participant boats from the danger zone, surface or air search of the entire area will be made for the purpose of locating and warning all craft and persons not connected with the test or training event, and a patrol will be maintained throughout the duration of the event. (5) All persons, vessels, or other craft shall clear the area when warned by patrol vessels. (6) Patrol vessels will provide warning that a potentially hazardous test or training event is in progress or is about to commence; when so warned, fishing or oystering vessels or other craft not directly connected with the event shall not navigate within the danger zone. Deep-draft vessels proceeding in established navigation channels normally will be permitted to traverse the area upon coordination with range patrol vessels. The patrol vessels will ensure safe separation between all nonparticipant vessels and potentially hazardous operations. (7) When potentially hazardous testing or training is not in progress or is not about to commence, oystering and fishing boats and other craft may operate within the danger zone. (8) All potentially hazardous test or training events will be performed in such a way as to contain the hazard footprint to the established danger zone described in paragraph (a) of this section. Naval authorities will not be responsible for damage to nets, traps, buoys, pots, fish pounds, stakes, or other equipment that may be located within the danger zone. (9) Nothing in this regulation shall be intended to prevent the lawful use of approved waterfowl hunting blinds along the shorelines of Bloodsworth Island range complex, provided that all necessary licenses and permits have been obtained from the Maryland Department of Natural Resources and the completed copy of the permit has been submitted to the Conservation Division Director at NAS Patuxent River. Waterfowl hunters must observe all warnings and range clearances, as note herein. (10) The regulations in this section shall be enforced by the Commander, Naval Air Station Patuxent River, Maryland, and such agencies as he/she may designate. Dated: February 14, 2007. Lawrence A. Lang, Acting Chief, Operations, Directorate of Civil Works. [FR Doc. E7–2875 Filed 2–23–07; 8:45 am] BILLING CODE 3710–92–P VerDate Aug<31>2005 16:00 Feb 23, 2007 Jkt 211001 NATIONAL ARCHIVES AND RECORDS ADMINISTRATION 36 CFR Part 1258 [FDMS Docket # NARA–07–0001] RIN 3095–AB49 NARA Reproduction Fees National Archives and Records Administration (NARA). ACTION: Proposed rule. AGENCY: SUMMARY: NARA is revising its fees for reproduction of records and other materials in the custody of the Archivist of the United States. This proposed rule covers reproduction of Federal records created by other agencies that are in the National Archives of the United States, donated historical materials, Presidential records, Nixon Presidential historical materials, and records filed with the Office of the Federal Register. The fees are being changed to reflect current costs of providing the reproductions. This proposed rule will affect the public and Federal agencies. DATES: Comments are due by April 27, 2007. ADDRESSES: NARA invites interested persons to submit comments on this proposed rule. Comments may be submitted by any of the following methods: Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments. Fax: Submit comments by facsimile transmission to 301–837–0319. Mail: Send comments to Regulations Comments Desk (NPOL), Room 4100, Policy and Planning Staff, National Archives and Records Administration, 8601 Adelphi Road, College Park, MD 20740–6001. Hand Delivery or Courier: Deliver comments to 8601 Adelphi Road, College Park, MD. FOR FURTHER INFORMATION CONTACT: Jennifer Davis Heaps at 301–837–1850 or fax at 301–837–0319. Requests for copies of the proposed information collection and supporting statement should be directed to Tamee Fechhelm at 301–837–1694 or fax at 301–837– 3213. SUPPLEMENTARY INFORMATION: General Background NARA does not receive appropriated funds to provide copies of our records to the public. The fees for reproduction of records in 36 CFR part 1258 are set under the Archivist’s authority in 44 U.S.C. 2116(c). That statute requires that, to the extent possible, NARA PO 00000 Frm 00035 Fmt 4702 Sfmt 4702 8327 recover the actual cost of making copies of records and other materials transferred to the custody of the Archivist of the United States. NARA conducts periodic reviews of the fees to ensure that the costs of providing this service to the public are properly recovered. NARA’s current fees were established in October 2000 based on a 1999 cost study. As a result of a cost study conducted in 2006, fees for copying records must increase to recover NARA’s costs. This is the first proposed fee increase in almost seven years. The cost components included in the NARA-made reproduction fees are staff salaries, equipment and materials (e.g., toner, paper) for making reproductions, shipping costs, and oversight and administration of the fee collection. Fixed-fee reproduction cost components include contractor costs for making and delivering the reproductions, staff salaries for supervision of the copying operation, equipment and materials, and oversight and administration of the fee collection. The cost components included in the self-service copies made by customers at NARA facilities are staff salaries for supervision of the copying operation, equipment and materials, and oversight and administration of the fee collection. The costs for providing reproductions of the unique historical materials in NARA’s custody reflect the special handling required to help preserve records for future research. Original archival materials cannot be copied using automatic document feeder equipment. Each page must be handplaced on a copier, one at a time. Preservation requirements add time and cost to the price of copying NARA’s irreplaceable documents. What Changes Is NARA Making in This Proposed Rule? NARA is updating fixed-fee order fees in § 1258.4, the minimum mail order fee in § 1258.10, and fees for self-service and common NARA-made reproductions in § 1258.12. Because the fee schedule applies to our nation-wide facilities, we have removed certain fees for services that are not available in the majority of our facilities. In the Rules section of today’s Federal Register, NARA has published an interim final rule removing from NARA’s fee schedule reproductions of other Federal agencies’ records stored in NARA’s Federal records centers. Fixed fee orders. Fixed fee reproductions consist of records from high-demand bodies of genealogical records that NARA reproduces for a fixed fee, rather than a fee per page E:\FR\FM\26FEP1.SGM 26FEP1

Agencies

[Federal Register Volume 72, Number 37 (Monday, February 26, 2007)]
[Proposed Rules]
[Pages 8325-8327]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-2875]


-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Department of the Army; Corps of Engineers

33 CFR Part 334


Department of the Navy, Chesapeake Bay, in Vicinity of 
Bloodsworth Island, MD

AGENCY: Department of the Army, United States Army Corps of Engineers, 
DOD.

ACTION: Notice of proposed rulemaking and request for comments.

-----------------------------------------------------------------------

SUMMARY: The Corps of Engineers is proposing to amend the regulations 
in 33 CFR 334.190 which establishes a danger zone, in waters of the 
United States in the vicinity of Bloodsworth Island, Maryland. The 
proposed amendment will reflect the current operational and safety 
procedures at the Bloodsworth Island Range and highlight a change in 
the enforcement authority from the Commander, Naval Base Norfolk, 
Virginia to the Commander, Naval Air Station Patuxent River, Maryland. 
The regulations are necessary to safeguard United States Navy vessels 
and United States Government facilities/installations from sabotage and 
other subversive acts, accidents, or incidents of a similar nature. 
These regulations are also necessary to protect the public from 
potentially hazardous conditions which may exist as a result from use 
of the areas by the United States Navy.

DATES: Written comments must be submitted on or before March 28, 2007.

ADDRESSES: You may submit comments, identified by docket number COE-
2006-0040, 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-2006-0040, in the subject line of the message.
    Fax: 202-761-0140.
    Mail: U.S. Army Corps of Engineers, Attn: CECW-OR/MVD (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-2006-0040. 
All comments received will be included in the public docket without 
change and may be made available on-line fnl;at http://
www.regulations.gov, including

[[Page 8326]]

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 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. Steve Elinsky, Corps of Engineers, Baltimore District, 
Regulatory Branch, 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; 33 
U.S.C. 3), the Corps proposes to amend the danger zone regulations at 
33 CFR 334.190 to reflect current operational and safety procedures at 
the Bloodsworth Island Range and highlight a change in the enforcement 
authority from the Commander, Naval Base Norfolk, Virginia to the 
Commander, Naval Air Station Patuxent River, Maryland. The proposed 
amendment will also provide more detailed times, dates, and extents of 
restrictions.

Procedural Requirements

a. Review Under Executive Order 12866

    This 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

    These proposed rules have been reviewed under the Regulatory 
Flexibility Act (Public Law 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 danger 
zone would have practically no impact on the public, no anticipated 
navigational hazard or interference with existing waterway traffic. 
This proposed rule if 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, 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 set out in the preamble, the Corps proposes to 
amend 33 CFR part 334, as follows:

PART 334--DANGER ZONE AND RESTRICTED AREA REGULATIONS

    1. The authority citation for 33 CFR 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 334.190 would be revised to read as follows:


Sec.  334.190,  Chesapeake Bay, in vicinity of Bloodsworth Island, MD; 
shore bombardment, air bombing, air strafing, and rocket firing area, 
U.S. Navy.

    (a) The areas--(1) Prohibited area. All waters within a circle 0.5 
miles in radius with its center at latitude 38[deg]10'00'', longitude 
76[deg]06'00''; Bloodsworth Island, Pone Island, Northeast Island, and 
Adams Island.
    (2) The danger zone. All waters of Chesapeake Bay and Tangier Sound 
within an area bounded as follows: Beginning at latitude 
38[deg]08'15'', longitude 76[deg]10'00'' thence to latitude 
38[deg]12'00'', longitude 76[deg]10'00''; thence to latitude 
38[deg]12'00'', longitude 76[deg]07'00''; thence to latitude 
38[deg]13'00'', longitude 76[deg]06'00''; thence to latitude 
38[deg]13'00'', longitude 76[deg]04'00''; thence to latitude 
38[deg]12'00'', longitude 76[deg]02'00''; thence to latitude 
38[deg]12'00'', longitude 76[deg]00'00''; thence to latitude 
38[deg]08'15'', longitude 76[deg]00'00''; thence to the point of 
beginning, excluding the prohibited area described in paragraph (a)(1) 
of this section.
    (b) The regulations. (1) No person, vessel or other craft shall 
approach closer than 75 yards to the beaches, shoreline, or piers of 
Bloodsworth, Pone Island, Northeast Island, Adams Island, or any 
Patuxent River Naval Air Station property at any time unless authorized 
to do so by the enforcing agency. No person, vessel or other craft 
shall approach rafts, barges, or platforms closer than 100 yards.
    (2) No person, vessel, or other craft shall enter or remain in the 
danger zone when notified by the enforcing authority to keep clear. Any 
watercraft under way or at anchor, upon being so warned, shall 
immediately vacate the area and shall remain outside the area until 
conclusion of potentially hazardous test or training events.
    (3) The area will be in use intermittently throughout the year.
    (4) Prior to the commencement of any potentially hazardous test or 
training

[[Page 8327]]

event that requires clearing of non participant boats from the danger 
zone, surface or air search of the entire area will be made for the 
purpose of locating and warning all craft and persons not connected 
with the test or training event, and a patrol will be maintained 
throughout the duration of the event.
    (5) All persons, vessels, or other craft shall clear the area when 
warned by patrol vessels.
    (6) Patrol vessels will provide warning that a potentially 
hazardous test or training event is in progress or is about to 
commence; when so warned, fishing or oystering vessels or other craft 
not directly connected with the event shall not navigate within the 
danger zone. Deep-draft vessels proceeding in established navigation 
channels normally will be permitted to traverse the area upon 
coordination with range patrol vessels. The patrol vessels will ensure 
safe separation between all non-participant vessels and potentially 
hazardous operations.
    (7) When potentially hazardous testing or training is not in 
progress or is not about to commence, oystering and fishing boats and 
other craft may operate within the danger zone.
    (8) All potentially hazardous test or training events will be 
performed in such a way as to contain the hazard footprint to the 
established danger zone described in paragraph (a) of this section. 
Naval authorities will not be responsible for damage to nets, traps, 
buoys, pots, fish pounds, stakes, or other equipment that may be 
located within the danger zone.
    (9) Nothing in this regulation shall be intended to prevent the 
lawful use of approved waterfowl hunting blinds along the shorelines of 
Bloodsworth Island range complex, provided that all necessary licenses 
and permits have been obtained from the Maryland Department of Natural 
Resources and the completed copy of the permit has been submitted to 
the Conservation Division Director at NAS Patuxent River. Waterfowl 
hunters must observe all warnings and range clearances, as note herein.
    (10) The regulations in this section shall be enforced by the 
Commander, Naval Air Station Patuxent River, Maryland, and such 
agencies as he/she may designate.

    Dated: February 14, 2007.
Lawrence A. Lang,
Acting Chief, Operations, Directorate of Civil Works.
 [FR Doc. E7-2875 Filed 2-23-07; 8:45 am]
BILLING CODE 3710-92-P