Atlantic Ocean off Wallops Island and Chincoteague Inlet, VA; Danger Zone, 61721-61723 [2012-24991]

Download as PDF 61721 Rules and Regulations Federal Register Vol. 77, No. 197 Thursday, October 11, 2012 This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 61 [Docket No. FAA–2006–26661; Amdt. No. 61–129A] RIN 2120–AI86 Pilot, Flight Instructor, and Pilot School Certification; Technical Amendment Federal Aviation Administration, DOT. ACTION: Final rule; technical amendment. AGENCY: tkelley on DSK3SPTVN1PROD with RULES Technical Amendment On December 16, 2011 (76 FR 78141), the FAA published a final rule; technical amendment. This final rule; technical amendment was originally published to correct a final rule published on August 21, 2009 (74 FR 42500). That original final rule revised the training, qualification, certification, and operating requirements for pilots, flight instructors, ground instructors, and pilot schools. The FAA is now issuing an additional final rule; technical amendment that corrects the codified text that was inadvertently deleted in § 61.23. Because the changes in this technical amendment result in no substantive change, we find good cause exists under 5 U.S.C. 553(d)(3) to make the amendment effective in less than 30 days. Aircraft, Airmen, Aviation safety. The FAA is correcting a final rule; technical amendment published on December 16, 2011 (76 FR 78141). This final rule; technical amendment was originally published to correct a final rule published on August 21, 2009 (74 FR 42500). In that original final rule, the FAA amended its regulations to revise the training, qualification, certification, and operating requirements for pilots, flight instructors, ground instructors, and pilot schools. A portion of the codified text was inadvertently deleted and this document corrects that error. DATES: Effective: October 11, 2012. FOR FURTHER INFORMATION CONTACT: For technical questions concerning this action, contact Jeffrey Smith, Airmen Certification and Training Branch, AFS– 810, General Aviation and Commercial Division, Flight Standards Service, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone (202) 493–4789; email to jeffrey.smith@faa.gov. For legal questions concerning this action, contact Paul G. Greer, Office of the Chief Counsel, Regulations Division, AGC–210, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; 17:45 Oct 10, 2012 SUPPLEMENTARY INFORMATION: List of Subjects in 14 CFR Part 61 SUMMARY: VerDate Mar<15>2010 telephone (202) 267–3073; email Paul.G.Greer@faa.gov. Jkt 229001 The Amendment In consideration of the foregoing, the Federal Aviation Administration amends chapter I of title 14, Code of Federal Regulations as follows: PART 61—CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND INSTRUCTORS 1. The authority citation for part 61 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40113, 44701– 44703, 44707, 44709–44711, 45102–45103, 45301–45302. (ii) Exercising the privileges of a sport pilot certificate in a light-sport aircraft other than a glider or balloon; (iii) Exercising the privileges of a flight instructor certificate with a sport pilot rating while acting as pilot in command or serving as a required flight crewmember of a light-sport aircraft other than a glider or balloon; or (iv) Serving as an Examiner and administering a practical test for the issuance of a sport pilot certificate in a light-sport aircraft other than a glider or balloon. (2) A person using a U.S. driver’s license to meet the requirements of this paragraph must— (i) Comply with each restriction and limitation imposed by that person’s U.S. driver’s license and any judicial or administrative order applying to the operation of a motor vehicle; (ii) Have been found eligible for the issuance of at least a third-class airman medical certificate at the time of his or her most recent application (if the person has applied for a medical certificate); (iii) Not have had his or her most recently issued medical certificate (if the person has held a medical certificate) suspended or revoked or most recent Authorization for a Special Issuance of a Medical Certificate withdrawn; and (iv) Not know or have reason to know of any medical condition that would make that person unable to operate a light-sport aircraft in a safe manner. * * * * * Issued in Washington, DC, on October 1, 2012. Lirio Liu, Acting Director, Office of Rulemaking. [FR Doc. 2012–25034 Filed 10–10–12; 8:45 am] ■ 2. Amend § 61.23 by revising paragraph (c) to read as follows: BILLING CODE 4910–13–P § 61.23 Medical certificates: requirement and duration. DEPARTMENT OF DEFENSE * Department of the Army, Corps of Engineers * * * * (c) Operations requiring either a medical certificate or U.S. driver’s license. (1) A person must hold and possess either a medical certificate issued under part 67 of this chapter or a U.S. driver’s license when— (i) Exercising the privileges of a student pilot certificate while seeking sport pilot privileges in a light-sport aircraft other than a glider or balloon; PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 33 CFR Part 334 Atlantic Ocean off Wallops Island and Chincoteague Inlet, VA; Danger Zone U.S. Army Corps of Engineers, Department of Defense. ACTION: Final rule. AGENCY: E:\FR\FM\11OCR1.SGM 11OCR1 61722 Federal Register / Vol. 77, No. 197 / Thursday, October 11, 2012 / Rules and Regulations The U.S. Army Corps of Engineers (Corps) is amending an existing permanent danger zone in the waters of the Atlantic Ocean off Wallops Island and Chincoteague Inlet, Virginia. The National Aeronautics and Space Administration, Goddard Space Flight Center, Wallops Flight Facility flight range capabilities have been expanded to accommodate larger classes of orbital rockets. This amendment increases the permanent danger zone to a 30 nautical mile sector and is necessary to protect the public from hazards associated with rocket-launching operations. DATES: Effective Date: October 12, 2012. ADDRESSES: U.S. Army Corps of Engineers, Attn: CECW–CO–R (David B. Olson), 441 G Street NW., Washington, DC 20314–1000. FOR FURTHER INFORMATION CONTACT: Mr. David Olson, Headquarters, Operations and Regulatory Community of Practice, Washington, DC at 202–761–4922, or Ms. Nancy Hankins, Corps of Engineers, Norfolk District, Regulatory Branch, at 757–201–6048. SUPPLEMENTARY INFORMATION: SUMMARY: tkelley on DSK3SPTVN1PROD with RULES Executive Summary The purpose of this regulatory action is to amend an existing danger zone to accommodate larger classes of orbital rockets. This amendment increases the permanent danger zone to a 30 nautical mile sector and is necessary to protect the public from hazards associated with rocket-launching operations. The Corps authority to amend this restricted area is 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). Background 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 regulations in 33 CFR part 334 by establishing a new permanent danger zone, in the waters of the Atlantic Ocean off Wallops Island and Chincoteague Inlet, Virginia. The modification to the regulations is described below. The proposed rule was published in the October 11, 2011, issue of the Federal Register (76 FR 62692), and its regulations.gov docket number is COE– 2011–0019. There were two comments received in response to the proposed rule. First, we received a response from the Commonwealth of Virginia Department of Conservation and Recreation stating that they do not VerDate Mar<15>2010 14:00 Oct 10, 2012 Jkt 229001 anticipate that the project will adversely impact natural resources. Second, we received comments from the Town of Chincoteague, Virginia informing us of their space tourism plan and requesting confirmation that their proposed tourist viewing areas would not be in conflict with the new danger zone. In response, NASA met with the Town of Chincoteague and together they developed a communication plan that will ensure public safety during launching operations. Procedural Requirements a. 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. b. Review under the Regulatory Flexibility Act. This 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 Corps determined that this regulation would have practically no economic impact on the public nor would it result in any anticipated navigational hazard or interference with existing waterway traffic. This regulation will have no significant economic impact on small entities. c. Review under the National Environmental Policy Act. This rule 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 has been prepared and it may be reviewed at the district office listed at the end of the FOR FURTHER INFORMATION CONTACT above. d. Unfunded Mandates Act. This rule does not impose an enforceable duty on the private sector and, therefore, it is not a Federal private sector mandate and is not subject to the requirements of either Section 202 or Section 205 of the Unfunded Mandates Reform Act. (Pub. L. 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 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 amends 33 CFR part 334 as follows: PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 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. Revise § 334.130 to read as follows: § 334.130 Atlantic Ocean off Wallops Island and Chincoteague Inlet, Va.; danger zone. (a) The area. An area immediately behind and directly offshore from Wallops Island defined by lines drawn as follows: Beginning at latitude 37°53′00″ N, longitude 75°29′48″ W; thence to latitude 37°53′03″ N, longitude 74°50′52″ W; thence to latitude 37°38′28″ N, longitude 74°51′48″ W; thence to latitude 37°22′00″ N, longitude 75°09′35″ W; thence to latitude 37°19′11″ N, longitude 75°30′00″ W; thence to latitude 37°47′57″ N, longitude 75°32′19″ W; and thence to latitude 37°53′00″ N, longitude 75°29′48″ W. (b) The regulations. (1) Persons and vessels shall only be prohibited from entering the area when launch operations are being conducted. (2) In advance of scheduled launch operations which, in the opinion of the enforcing agency, may be dangerous to persons and watercraft, appropriate warnings will be issued to navigation interests through official government and civilian channels or in such other manner as the District Engineer, U.S. Army Corps of Engineers, may direct. Such warnings will specify the location, time, and duration of operations, and give other pertinent information as may be required in the interests of safety. Announcement of area of closure will appear in the weekly ‘‘Notice to Mariners.’’ (3) The intent to conduct rocketlaunching operations in the area shall also be indicated by visual signals consisting of a large orange-colored ‘‘blimp-shaped’’ balloon by day and a rotating alternately red and white beacon by night. The balloon shall be flown at latitude 37°50′38″ N, longitude 75°28′47″ W and the beacon shall be displayed about 200 feet above mean high water at latitude 37°50′16″ N, longitude 75°29′07″ W. The appropriate signals shall be displayed 30 minutes prior to rocket-launching time and shall remain displayed until the danger no longer exists. (4) In addition to visual signals and prior to conducting launch operations, the area will be patrolled by aircraft or surface vessels and monitored by radars and cameras to ensure no persons or watercraft are within the danger zone or E:\FR\FM\11OCR1.SGM 11OCR1 Federal Register / Vol. 77, No. 197 / Thursday, October 11, 2012 / Rules and Regulations designated area of interest within the danger zone. Patrol aircraft and surface vessels are equipped with marine band radios and may attempt to hail watercraft and request that they leave the designated area and remain clear of the area at a safe distance until launch operations are complete, and launch will not occur until the designated area is clear. Patrol aircraft may also employ the method of warning known as ‘‘buzzing’’ which consists of low flight by the airplane and repeated opening and closing of the throttle. Surveillance vessels may also come close to watercraft and employ flashing light to establish communications to indicate that the watercraft is entering the designated hazard area. (5) Any watercraft being so warned shall immediately leave the designated area until the conclusion of launch operations, and shall remain at a distance to ensure that it will be safe from falling debris. (6) Nothing in this regulation shall be intended to prevent commercial fishing or the lawful use of approved waterfowl hunting blinds along the shorelines of the Wallops Flight Facility at Wallops Island, Virginia, provided that all necessary licenses and permits have been obtained from the Virginia Marine Resources Commission, Virginia Department of Game and Inland Fisheries, and U.S. Fish and Wildlife Service. Commercial fishermen and waterfowl hunters must observe all warnings and range clearances during hazardous range operations. (c) Enforcement. The regulations in this section shall be enforced by the Director, National Aeronautics and Space Administration, Goddard Space Flight Center, Wallops Flight Facility Wallops Island, Va., or such agencies as he or she may designate. Dated: October 2, 2012. James R. Hannon, Chief, Operations and Regulatory, Directorate of Civil Works. [FR Doc. 2012–24991 Filed 10–10–12; 8:45 am] BILLING CODE 3720–58–P DEPARTMENT OF DEFENSE Department of the Army, Corps of Engineers tkelley on DSK3SPTVN1PROD with RULES 33 CFR Part 334 Felgates Creek and Indian Field Creek Along the York River in Yorktown, VA; Restricted Area U.S. Army Corps of Engineers, Department of Defense. AGENCY: VerDate Mar<15>2010 14:00 Oct 10, 2012 Jkt 229001 ACTION: Final rule. The Corps of Engineers is amending an existing restricted area to include the waters of Felgates Creek and Indian Field Creek along the York River in Yorktown, Virginia. Naval Weapons Station Yorktown requested the Corps of Engineers modify the existing restricted area to include areas historically noted on nautical charts as closed to the public and traditionally enforced by Commander, Naval Weapons Station Yorktown. SUMMARY: DATES: Effective date: November 13, 2012. Mr. David Olson, Headquarters, Operations and Regulatory Community of Practice, Washington, DC at 202–761–4922, or Ms. Nicole Woodward, Corps of Engineers, Norfolk District, Regulatory Branch, at 757–201–7122. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: Executive Summary The purpose of this regulatory action is to amend an existing restricted area to include areas historically noted on nautical charts as closed to the public and traditionally enforced by the Commander, Naval Weapons Station Yorktown. The Corps authority to amend this restricted area is 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). Background The proposed rule was published in the April 4, 2012, edition of the Federal Register (77 FR 20331) and the regulations.gov docket number was COE–2011–0038. In response to the proposal, three comments were received. The commenters stated that the proposed rule will have no effect on historic properties and no adverse impacts on natural heritage resources. In response to a request by the United States Navy, and 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 amending 33 CFR 334.260 to include a permanent restricted area, in the waters of Felgates Creek and Indian Field Creek along the York River in Yorktown, Virginia. Procedural Requirements a. Review Under Executive Order 12866. This rule is issued with respect to a military function of the Defense PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 61723 Department and the provisions of Executive Order 12866 do not apply. b. Review Under the Regulatory Flexibility Act. This 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 Corps determined that the restricted area amendment will have practically no economic impact on the public, no anticipated navigational hazard, and no interference with existing waterway traffic. This rule will have no significant economic impact on small entities. c. Review Under the National Environmental Policy Act. This rule will not have a significant impact to the quality of the human environment and, therefore, preparation of an environmental impact statement is not required. An environmental assessment has been prepared. It may be reviewed at the District office listed at the end of the FOR FURTHER INFORMATION CONTACT section, above. d. Unfunded Mandates Act. This rule does not impose an enforceable duty among the private sector and, therefore, is not subject to the requirements of Section 202 or 205 of the Unfunded Mandates Reform Act (Pub. L. 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, Marine safety, Navigation (water), Restricted areas, Waterways. For the reasons set out in the preamble, the Corps amends 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. Revise § 334.260 to read as follows: § 334.260 areas. York River, Va.; naval restricted (a) The areas—(1) Naval mine servicetesting area (prohibited). A rectangular area surrounding Piers 1 and 2, Naval Weapons Station, and extending upstream therefrom, beginning at a point on the shore line at latitude 37°15′25″ N, longitude 76°32′32″ W; thence to latitude 37°15′42″ N, E:\FR\FM\11OCR1.SGM 11OCR1

Agencies

[Federal Register Volume 77, Number 197 (Thursday, October 11, 2012)]
[Rules and Regulations]
[Pages 61721-61723]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-24991]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 334


Atlantic Ocean off Wallops Island and Chincoteague Inlet, VA; 
Danger Zone

AGENCY: U.S. Army Corps of Engineers, Department of Defense.

ACTION: Final rule.

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

[[Page 61722]]

SUMMARY: The U.S. Army Corps of Engineers (Corps) is amending an 
existing permanent danger zone in the waters of the Atlantic Ocean off 
Wallops Island and Chincoteague Inlet, Virginia. The National 
Aeronautics and Space Administration, Goddard Space Flight Center, 
Wallops Flight Facility flight range capabilities have been expanded to 
accommodate larger classes of orbital rockets. This amendment increases 
the permanent danger zone to a 30 nautical mile sector and is necessary 
to protect the public from hazards associated with rocket-launching 
operations.

DATES: Effective Date: October 12, 2012.

ADDRESSES: U.S. Army Corps of Engineers, Attn: CECW-CO-R (David B. 
Olson), 441 G Street NW., Washington, DC 20314-1000.

FOR FURTHER INFORMATION CONTACT: Mr. David Olson, Headquarters, 
Operations and Regulatory Community of Practice, Washington, DC at 202-
761-4922, or Ms. Nancy Hankins, Corps of Engineers, Norfolk District, 
Regulatory Branch, at 757-201-6048.

SUPPLEMENTARY INFORMATION:

Executive Summary

    The purpose of this regulatory action is to amend an existing 
danger zone to accommodate larger classes of orbital rockets. This 
amendment increases the permanent danger zone to a 30 nautical mile 
sector and is necessary to protect the public from hazards associated 
with rocket-launching operations.
    The Corps authority to amend this restricted area is 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).

Background

    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 regulations in 33 CFR part 334 by establishing a new 
permanent danger zone, in the waters of the Atlantic Ocean off Wallops 
Island and Chincoteague Inlet, Virginia. The modification to the 
regulations is described below.
    The proposed rule was published in the October 11, 2011, issue of 
the Federal Register (76 FR 62692), and its regulations.gov docket 
number is COE-2011-0019. There were two comments received in response 
to the proposed rule. First, we received a response from the 
Commonwealth of Virginia Department of Conservation and Recreation 
stating that they do not anticipate that the project will adversely 
impact natural resources. Second, we received comments from the Town of 
Chincoteague, Virginia informing us of their space tourism plan and 
requesting confirmation that their proposed tourist viewing areas would 
not be in conflict with the new danger zone. In response, NASA met with 
the Town of Chincoteague and together they developed a communication 
plan that will ensure public safety during launching operations.

Procedural Requirements

    a. 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.
    b. Review under the Regulatory Flexibility Act. This 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 Corps determined that this regulation would have 
practically no economic impact on the public nor would it result in any 
anticipated navigational hazard or interference with existing waterway 
traffic. This regulation will have no significant economic impact on 
small entities.
    c. Review under the National Environmental Policy Act. This rule 
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 has been 
prepared and it may be reviewed at the district office listed at the 
end of the FOR FURTHER INFORMATION CONTACT above.
    d. Unfunded Mandates Act. This rule does not impose an enforceable 
duty on the private sector and, therefore, it is not a Federal private 
sector mandate and is not subject to the requirements of either Section 
202 or Section 205 of the Unfunded Mandates Reform Act. (Pub. L. 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 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 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 Sec.  334.130 to read as follows:


Sec.  334.130  Atlantic Ocean off Wallops Island and Chincoteague 
Inlet, Va.; danger zone.

    (a) The area. An area immediately behind and directly offshore from 
Wallops Island defined by lines drawn as follows: Beginning at latitude 
37[deg]53'00'' N, longitude 75[deg]29'48'' W; thence to latitude 
37[deg]53'03'' N, longitude 74[deg]50'52'' W; thence to latitude 
37[deg]38'28'' N, longitude 74[deg]51'48'' W; thence to latitude 
37[deg]22'00'' N, longitude 75[deg]09'35'' W; thence to latitude 
37[deg]19'11'' N, longitude 75[deg]30'00'' W; thence to latitude 
37[deg]47'57'' N, longitude 75[deg]32'19'' W; and thence to latitude 
37[deg]53'00'' N, longitude 75[deg]29'48'' W.
    (b) The regulations. (1) Persons and vessels shall only be 
prohibited from entering the area when launch operations are being 
conducted.
    (2) In advance of scheduled launch operations which, in the opinion 
of the enforcing agency, may be dangerous to persons and watercraft, 
appropriate warnings will be issued to navigation interests through 
official government and civilian channels or in such other manner as 
the District Engineer, U.S. Army Corps of Engineers, may direct. Such 
warnings will specify the location, time, and duration of operations, 
and give other pertinent information as may be required in the 
interests of safety. Announcement of area of closure will appear in the 
weekly ``Notice to Mariners.''
    (3) The intent to conduct rocket-launching operations in the area 
shall also be indicated by visual signals consisting of a large orange-
colored ``blimp-shaped'' balloon by day and a rotating alternately red 
and white beacon by night. The balloon shall be flown at latitude 
37[deg]50'38'' N, longitude 75[deg]28'47'' W and the beacon shall be 
displayed about 200 feet above mean high water at latitude 
37[deg]50'16'' N, longitude 75[deg]29'07'' W. The appropriate signals 
shall be displayed 30 minutes prior to rocket-launching time and shall 
remain displayed until the danger no longer exists.
    (4) In addition to visual signals and prior to conducting launch 
operations, the area will be patrolled by aircraft or surface vessels 
and monitored by radars and cameras to ensure no persons or watercraft 
are within the danger zone or

[[Page 61723]]

designated area of interest within the danger zone. Patrol aircraft and 
surface vessels are equipped with marine band radios and may attempt to 
hail watercraft and request that they leave the designated area and 
remain clear of the area at a safe distance until launch operations are 
complete, and launch will not occur until the designated area is clear. 
Patrol aircraft may also employ the method of warning known as 
``buzzing'' which consists of low flight by the airplane and repeated 
opening and closing of the throttle. Surveillance vessels may also come 
close to watercraft and employ flashing light to establish 
communications to indicate that the watercraft is entering the 
designated hazard area.
    (5) Any watercraft being so warned shall immediately leave the 
designated area until the conclusion of launch operations, and shall 
remain at a distance to ensure that it will be safe from falling 
debris.
    (6) Nothing in this regulation shall be intended to prevent 
commercial fishing or the lawful use of approved waterfowl hunting 
blinds along the shorelines of the Wallops Flight Facility at Wallops 
Island, Virginia, provided that all necessary licenses and permits have 
been obtained from the Virginia Marine Resources Commission, Virginia 
Department of Game and Inland Fisheries, and U.S. Fish and Wildlife 
Service. Commercial fishermen and waterfowl hunters must observe all 
warnings and range clearances during hazardous range operations.
    (c) Enforcement. The regulations in this section shall be enforced 
by the Director, National Aeronautics and Space Administration, Goddard 
Space Flight Center, Wallops Flight Facility Wallops Island, Va., or 
such agencies as he or she may designate.

    Dated: October 2, 2012.
James R. Hannon,
Chief, Operations and Regulatory, Directorate of Civil Works.
[FR Doc. 2012-24991 Filed 10-10-12; 8:45 am]
BILLING CODE 3720-58-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.