Felgates Creek and Indian Field Creek Along the York River in Yorktown, VA; Restricted Area, 61723-61724 [2012-24994]
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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
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Fmt 4700
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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
tkelley on DSK3SPTVN1PROD with RULES
61724
Federal Register / Vol. 77, No. 197 / Thursday, October 11, 2012 / Rules and Regulations
longitude 76°32′06″ W; thence to
latitude 37°15′27″ N, longitude
76°31′48″ W; thence to latitude
37°15′05″ N, longitude 76°31′27″ W;
thence to a point on the shore line at
latitude 37°14′51″ N, longitude
76°31′50″ W; and thence along the shore
line to the point of beginning.
(2) Naval mine service-testing area
(restricted). A rectangular area adjacent
to the northeast boundary of the
prohibited area described in paragraph
(a)(1) of this section, beginning at
latitude 37°16′00″ N, longitude
76°32′29″ W; thence to latitude
37°16′23″ N, longitude 76°32′00″ W;
thence to latitude 37°15′27″ N,
longitude 76°30′54″ W; thence to
latitude 37°15′05″ N, longitude
76°31′27″ W; thence to latitude
37°15′27″ N, longitude 76°31′48″ W;
thence to latitude 37°15′42″ N,
longitude 76°32′06″ W; thence to
latitude 37°15′40″ N, longitude
76°32′09″ W; and thence to the point of
beginning.
(3) Explosives-Handling Berth
(Naval). A circular area of 600 yards
radius with its center at latitude
37°13′56″ N, longitude 76°28′48″ W.
(4) Felgates Creek (prohibited).
Navigable waters of the United States as
defined at 33 CFR part 329 within
Felgates Creek from the boundary fence
line at the mouth to the mean high
water line of the head and all associated
tributaries. The area contains the
entirety of Felgates Creek and all
associated tributaries south of the line
which begins at latitude 37°16′24″ N,
longitude 76°35′12″ W and extends east
to latitude 37°16′21″ N, longitude
76°35′00″ W.
(5) Indian Field Creek (prohibited).
Navigable waters of the United States as
defined at 33 CFR part 329 within
Indian Field Creek from the boundary
fence line at the mouth to the mean high
water line of the head and all associated
tributaries. The area contains the
entirety of Indian Field Creek and all
associated tributaries south of the line
which begins at latitude 37°16′05″ N,
longitude 76°33′29″ W and extends east
to latitude 37°16′01″ N, longitude
76°33′22″ W.
(b) The regulations. (1) All persons
and all vessels other than naval craft are
forbidden to enter the prohibited area
described in paragraph (a)(1) of this
section.
(2) Trawling, dragging, and net-fishing
are prohibited, and no permanent
obstructions may at any time be placed
in the area described in paragraph (a)(2)
of this section. Upon official
notification, any vessel anchored in the
area and any person in the area will be
required to vacate the area during the
VerDate Mar<15>2010
14:00 Oct 10, 2012
Jkt 229001
actual mine-laying operation. Persons
and vessels entering the area during
mine-laying operations by aircraft must
proceed directly through the area
without delay, except in case of
emergency. Naval authorities are
required to publish advance notice of
mine-laying and/or retrieving operations
scheduled to be carried on in the area,
and during such published periods of
operation, fishing or other aquatic
activities are forbidden in the area. No
vessel will be denied passage through
the area at any time during either minelaying or retrieving operations.
(3) The Explosives-Handling Berth
(Naval) described in paragraph (a)(3) of
this section is reserved for the exclusive
use of naval vessels and except in cases
of emergency no other vessel shall
anchor therein without the permission
of local naval authorities, obtained
through the Captain of the Port, U.S.
Coast Guard, Norfolk, Virginia. There
shall be no restriction on the movement
of vessels through the ExplosiveHandling Berth.
(4) Vessels shall not be anchored, nor
shall persons in the water approach
within 300 yards of the perimeter of the
Explosives-Handling Berth (Naval)
when that berth is occupied by a vessel
handling explosives.
(5) All persons and all vessels are
forbidden to enter the prohibited areas
described in paragraphs (a)(4) and (a)(5)
of this section without prior permission
of the enforcing agency.
(6) The regulations of this section
shall be enforced by the Commander,
Naval Weapons Station Yorktown,
Virginia, and such agencies as he/she
may designate.
Dated: October 1, 2012.
James R. Hannon,
Chief, Operations and Regulatory Directorate
of Civil Works.
[FR Doc. 2012–24994 Filed 10–10–12; 8:45 am]
BILLING CODE 3720–58–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2012–0553; FRL–9738–9]
Partial Approval and Partial
Disapproval of Air Quality
Implementation Plans for Florida,
Mississippi, and South Carolina;
Section 110(a)(2)(D)(i)(I) Transport
Requirements for the 2006 24-Hour
Fine Particulate Matter National
Ambient Air Quality Standards
Environmental Protection
Agency (EPA).
AGENCY:
PO 00000
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Fmt 4700
Sfmt 4700
ACTION:
Final rule.
EPA is taking final action to
partially approve and partially
disapprove revisions to the State
Implementation Plans (SIPs) for Florida,
Mississippi, and South Carolina
submitted on September 23, 2009,
October 6, 2009, and September 18,
2009, respectively. EPA is approving the
determinations, contained in those
submittals, that the existing SIPs for
Florida, Mississippi, and South Carolina
are adequate to meet the obligation
under section 110(a)(2)(D)(i)(I) of the
Clean Air Act (CAA or Act) to address
interstate transport requirements with
regard to the 2006 24-hour particulate
matter (PM2.5) national ambient air
quality standard (NAAQS). Specifically,
the interstate transport requirements
contained in section 110(a)(2)(D)(i)(I) of
the CAA prohibit a state’s emissions
from significantly contributing to
nonattainment or interfering with the
maintenance of the NAAQS in any other
state. EPA is approving the States’
determinations that their existing SIPs
satisfy this requirement and conclusion
that additional control measures are not
necessary under section
110(a)(2)(D)(i)(I) because emissions from
Florida, Mississippi and South Carolina
do not contribute significantly to
nonattainment or interfere with
maintenance of the 2006 24-hour PM2.5
NAAQS in any other state. EPA is also
disapproving the SIP submissions from
Florida, Mississippi and South Carolina
to the extent that they rely on the Clean
Air Interstate Rule (CAIR) to meet the
110(a)(2)(D)(i)(I) requirements for the
2006 24-hour PM2.5 NAAQS. Because
CAIR does not address the 2006 PM2.5
NAAQS, it cannot be relied upon to
satisfy any requirements related to that
NAAQS.
DATES: This rule will be effective on
November 13, 2012.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2012–0553. All documents in the docket
are listed on the www.regulations.gov
Web site. Although listed in the index,
some information is not publicly
available, i.e., Confidential Business
Information 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.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Regulatory Development Section,
Air Planning Branch, Air, Pesticides and
SUMMARY:
E:\FR\FM\11OCR1.SGM
11OCR1
]]>Agencies
[Federal Register Volume 77, Number 197 (Thursday, October 11, 2012)]
[Rules and Regulations]
[Pages 61723-61724]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-24994]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers
33 CFR Part 334
Felgates Creek and Indian Field Creek Along the York River in
Yorktown, VA; Restricted Area
AGENCY: U.S. Army Corps of Engineers, Department of Defense.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: 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.
DATES: Effective date: November 13, 2012.
FOR FURTHER INFORMATION CONTACT: 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:
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 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
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. 334.260 to read as follows:
Sec. 334.260 York River, Va.; naval restricted areas.
(a) The areas--(1) Naval mine service-testing 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[deg]15'25'' N, longitude 76[deg]32'32'' W; thence to
latitude 37[deg]15'42'' N,
[[Page 61724]]
longitude 76[deg]32'06'' W; thence to latitude 37[deg]15'27'' N,
longitude 76[deg]31'48'' W; thence to latitude 37[deg]15'05'' N,
longitude 76[deg]31'27'' W; thence to a point on the shore line at
latitude 37[deg]14'51'' N, longitude 76[deg]31'50'' W; and thence along
the shore line to the point of beginning.
(2) Naval mine service-testing area (restricted). A rectangular
area adjacent to the northeast boundary of the prohibited area
described in paragraph (a)(1) of this section, beginning at latitude
37[deg]16'00'' N, longitude 76[deg]32'29'' W; thence to latitude
37[deg]16'23'' N, longitude 76[deg]32'00'' W; thence to latitude
37[deg]15'27'' N, longitude 76[deg]30'54'' W; thence to latitude
37[deg]15'05'' N, longitude 76[deg]31'27'' W; thence to latitude
37[deg]15'27'' N, longitude 76[deg]31'48'' W; thence to latitude
37[deg]15'42'' N, longitude 76[deg]32'06'' W; thence to latitude
37[deg]15'40'' N, longitude 76[deg]32'09'' W; and thence to the point
of beginning.
(3) Explosives-Handling Berth (Naval). A circular area of 600 yards
radius with its center at latitude 37[deg]13'56'' N, longitude
76[deg]28'48'' W.
(4) Felgates Creek (prohibited). Navigable waters of the United
States as defined at 33 CFR part 329 within Felgates Creek from the
boundary fence line at the mouth to the mean high water line of the
head and all associated tributaries. The area contains the entirety of
Felgates Creek and all associated tributaries south of the line which
begins at latitude 37[deg]16'24'' N, longitude 76[deg]35'12'' W and
extends east to latitude 37[deg]16'21'' N, longitude 76[deg]35'00'' W.
(5) Indian Field Creek (prohibited). Navigable waters of the United
States as defined at 33 CFR part 329 within Indian Field Creek from the
boundary fence line at the mouth to the mean high water line of the
head and all associated tributaries. The area contains the entirety of
Indian Field Creek and all associated tributaries south of the line
which begins at latitude 37[deg]16'05'' N, longitude 76[deg]33'29'' W
and extends east to latitude 37[deg]16'01'' N, longitude 76[deg]33'22''
W.
(b) The regulations. (1) All persons and all vessels other than
naval craft are forbidden to enter the prohibited area described in
paragraph (a)(1) of this section.
(2) Trawling, dragging, and net-fishing are prohibited, and no
permanent obstructions may at any time be placed in the area described
in paragraph (a)(2) of this section. Upon official notification, any
vessel anchored in the area and any person in the area will be required
to vacate the area during the actual mine-laying operation. Persons and
vessels entering the area during mine-laying operations by aircraft
must proceed directly through the area without delay, except in case of
emergency. Naval authorities are required to publish advance notice of
mine-laying and/or retrieving operations scheduled to be carried on in
the area, and during such published periods of operation, fishing or
other aquatic activities are forbidden in the area. No vessel will be
denied passage through the area at any time during either mine-laying
or retrieving operations.
(3) The Explosives-Handling Berth (Naval) described in paragraph
(a)(3) of this section is reserved for the exclusive use of naval
vessels and except in cases of emergency no other vessel shall anchor
therein without the permission of local naval authorities, obtained
through the Captain of the Port, U.S. Coast Guard, Norfolk, Virginia.
There shall be no restriction on the movement of vessels through the
Explosive-Handling Berth.
(4) Vessels shall not be anchored, nor shall persons in the water
approach within 300 yards of the perimeter of the Explosives-Handling
Berth (Naval) when that berth is occupied by a vessel handling
explosives.
(5) All persons and all vessels are forbidden to enter the
prohibited areas described in paragraphs (a)(4) and (a)(5) of this
section without prior permission of the enforcing agency.
(6) The regulations of this section shall be enforced by the
Commander, Naval Weapons Station Yorktown, Virginia, and such agencies
as he/she may designate.
Dated: October 1, 2012.
James R. Hannon,
Chief, Operations and Regulatory Directorate of Civil Works.
[FR Doc. 2012-24994 Filed 10-10-12; 8:45 am]
BILLING CODE 3720-58-P
