Little Creek Harbor, Fisherman's Cove, Joint Expeditionary Base Little Creek-Fort Story, Little Creek, Virginia, Restricted Areas, 23867-23869 [2018-11017]
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Federal Register / Vol. 83, No. 100 / Wednesday, May 23, 2018 / Proposed Rules
DEPARTMENT OF DEFENSE
Department of the Army, Corps of
Engineers
33 CFR Part 334
[COE–2017–0006]
Little Creek Harbor, Fisherman’s Cove,
Joint Expeditionary Base Little CreekFort Story, Little Creek, Virginia,
Restricted Areas
United States Army Corps of
Engineers, Department of Defense.
ACTION: Notice of proposed rulemaking
and request for comments.
AGENCY:
The Corps of Engineers is
proposing to establish a restricted area
in the waters of Fisherman’s Cove and
Little Creek Harbor at Joint
Expeditionary Base Little Creek-Fort
Story, Little Creek (JEBLCFS) in Virginia
Beach, Virginia. JEBLCFS is the
homeport of numerous ships, small
boats and special operational units. The
proposed amendment is necessary to
better protect vessels and personnel
assigned to JEBLCFS by implementing a
waterside security program. The
proposed amendment establishes the
restricted area waters within the
boundaries of the existing installation
and in the entry channel into the harbor.
DATES: Written comments must be
submitted on or before June 22, 2018.
ADDRESSES: You may submit comments,
identified by docket number COE–
2017–0006, by any of the following
methods:
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Email: david.b.olson@usace.army.mil.
Include the docket number, COE–2017–
0006, in the subject line of the message.
Mail: U.S. Army Corps of Engineers,
Attn: CECW–CO–R (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–2017–0006. All
comments received will be included in
the public docket without change and
may be made available on-line at https://
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
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SUMMARY:
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Jkt 244001
consider to be CBI, or otherwise
protected, through regulations.gov or
email. The regulations.gov website 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 email directly to the Corps
without going through regulations.gov,
your email 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.
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: 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 proposing amendments to
regulations in 33 CFR part 334 for the
establishment of a new restricted area in
the waters of Fisherman’s Cove and
Little Creek at JEBLCFS in Virginia
Beach, Virginia. In a memorandum
dated May 1, 2017, the Department of
the Navy requested that the Corps
modify 33 CFR 334 to establish a
permanent restricted area. The proposed
amendment is necessary to better
protect vessels and personnel assigned
to JEBLCFS by implementing a
waterside security program. The request
is in response to the possible risks
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23867
associated with the potential for
unfettered access to the harbor and the
close proximity of a civilian marina to
naval assets. The proposed amendment
establishes the restricted area in waters
within the boundary of the existing
installation and in the entry channel
into the harbor.
Procedural Requirements
a. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This proposed rule
has not been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this
proposed rule has not been reviewed by
the Office of Management and Budget
(OMB), and pursuant to OMB guidance
it is exempt from the requirements of
Executive Order 13771.
The Corps has made a determination
this proposed rule is not a significant
regulatory action. This regulatory action
determination is based on the proposed
rules governing the restricted areas,
which allow any vessel that needs to
transit the restricted areas to do so if the
operator of the vessel obtains
permission from Little Creek Port
Control or the Commanding Officer,
JEBLCFS, and/or other persons or
agencies as he/she may designate.
b. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Corps certifies under 5 U.S.C.
605(b) that this rule would not have a
significant economic impact on a
substantial number of small entities.
While some owners or operators of
vessels that intend to transit the
restricted areas may be small entities,
for the reasons stated in paragraph (a)
above this rule would not have a
significant economic impact on any
vessel owner or operator. In addition,
the restricted areas are necessary to
protect vessels and personnel assigned
to JEBLCFS by implementing a
waterside security program. Small
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Federal Register / Vol. 83, No. 100 / Wednesday, May 23, 2018 / Proposed Rules
entities can also utilize navigable waters
outside of the restricted areas. Small
entities that need to transit the restricted
areas may do so as long as the operator
of the vessel obtains permission from
Little Creek Port Control or the
Commanding Officer, JEBLCFS, and/or
other persons or agencies as he/she may
designate. The restricted areas are
necessary for security of JEBLCFS.
Unless information is obtained to the
contrary during the comment period,
the Corps expects that the economic
impact of the proposed restricted areas
would have practically no impact on the
public, any anticipated navigational
hazard or interference with existing
waterway traffic. After considering the
economic impacts of this restricted area
regulation on small entities, I certify
that this action will not have a
significant impact on a substantial
number of 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.
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.
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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
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. Add § 334.305 to read as follows:
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§ 334.305 Little Creek Harbor, Fisherman’s
Cove, Joint Expeditionary Base Little CreekFort Story, Little Creek, Virginia, Restricted
Areas.
(a) The Little Creek Restricted Areas.
The Little Creek Restricted Areas consist
of two distinct areas: The Outer Harbor
Restricted Area and the Inner Harbor
Restricted Area. The datum for the
coordinates in this section is NAD–83.
(1) The Outer Harbor Restricted Area.
The waters within an area beginning at
a point on shore at latitude 36°55′57.7″
N, longitude 76°10′35″ W, thence
southwesterly to a point on the opposite
shore at latitude 36°55′53″ N, longitude
76°10′44″ W, thence southerly to
latitude 36°55′21.2″ N, longitude
76°10′42″ W, thence southwesterly to
latitude 36°55′17.8″ N, longitude
76°10′49″ W, thence northwesterly to a
point in Fisherman′s Cove at latitude
36°55′22″ N, longitude 76°11′15.5″ W,
thence southerly to latitude 36°55′19.2″
N, longitude 76°11′16″ W, thence
easterly along the southern shoreline of
Fisherman’s Cove, to latitude
36°55′15.8″ N, longitude 76°10′58.8″ W,
and ending at latitude 36°55′18″ N,
longitude 76°10′30″ W, thence to the
point of origin.
(2) The Inner Harbor Restricted Area.
The waters within Little Creek Harbor
south of a line beginning at latitude
36°55′15.8″ N, longitude 76°10′58.8″ W,
and ending at latitude 36°55′19.3″ N,
longitude 76°10′29.5″ W.
(b) The Regulations. (1) All vessels
intending to transit inbound/outbound
of the Little Creek Restricted Areas shall
notify the Little Creek Port Control of
their destination and intentions.
(2) The Outer Harbor Restricted Area.
All privately owned vessels properly
registered and bearing identification in
accordance with Federal and/or State
laws and regulations, and all
Government owned vessels (public
vessels) may enter or exit the waters
described in paragraph (a)(1) of this
section at any time and transit inbound/
outbound of the marked dredged
channel leading to Little Creek Harbor
between jetties 8 miles westward of
Cape Henry Light. All vessels entering
or exiting the channel must notify Little
Creek Port Control using VHF–FM
channel 12, stating their destination/
intention. All vessels transiting
inbound/outbound of the channel
except as noted in paragraph (c)(2) of
this section shall proceed at speeds
commensurate with minimum wake
unless approved by Little Creek Port
Control
(3) The Inner Harbor Restricted Area.
Vessels or persons intending to transit
inbound/outbound within the waters
described in paragraph (a)(2) of this
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section shall request permission from
Little Creek Port Control with the
exception of those listed in paragraph
(c)(2) of this section. This permission
shall suffice for Outer Harbor
notification. The Inner Harbor
Restricted Area is restricted to those
privately owned vessels or persons
calling upon the commercial/private
piers located within the Inner Harbor
and Government owned vessels (public
vessels) transiting to and from U.S.
Navy or U.S. Coast Guard facilities, and
authorized Department of Defense
patrons of the U.S. Navy recreational
marina. No other vessels or persons may
enter or exit this area unless specific
authorization is granted by
Commanding Officer, Joint
Expeditionary Base Little Creek-Fort
Story, and/or other persons or agencies
as he/she may designate.
(4) All vessels or persons transiting
inbound/outbound of the Outer and
Inner Harbor restricted areas are subject
to all applicable federal and state laws
including laws or regulations designed
to protect the naval facility, and persons
or vessels assigned therein. Federal and
State law enforcement officials may at
any time take action to ensure
compliance with their respective laws.
In addition, this regulation authorizes
Navy security personnel, designated by
Commander, Joint Expeditionary Base
Little Creek-Fort Story or persons
authorized to act in his/her behalf, the
authority to ascertain the identity and
intent of any vessels and/or persons
transiting the restricted area that
indicate by way of appearance or action
they are a possible threat to government
assets. If a determination is made that
the vessel and/or persons are a threat to
government assets located within the
restricted area, Navy security units may
take actions as provided by law or
regulation that are deemed necessary to
protect government personnel and
assets located within the restricted area.
(c) Enforcement. (1) The regulations
in this section shall be enforced by the
Commanding Officer, Joint
Expeditionary Base Little Creek-Fort
Story and/or persons or agencies as he/
she may designate.
(2) Federal and State Law
enforcement vessels and personnel may
enter anywhere in the restricted area at
any time in the operation of their
statutory missions or to enforce their
respective laws.
(3) Nothing in this regulation is
deemed to preempt 33 CFR 165.501.
(4) Vessels or persons calling upon
the commercial/private piers located
within the Inner Harbor with proper
identification and clearance will be
allowed entry subject to the same
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Federal Register / Vol. 83, No. 100 / Wednesday, May 23, 2018 / Proposed Rules
provisions described in paragraph (b) of
this section. Commander, Joint
Expeditionary Base Little Creek-Fort
Story reserves the right to temporarily
deny entry in emergency situations,
elevated Department of Defense Force
Protection conditions in the Harbor, or
other safety of navigation constraints.
Dated: May 11, 2018.
Thomas P. Smith,
Chief, Operations and Regulatory Division,
Directorate of Civil Works.
[FR Doc. 2018–11017 Filed 5–22–18; 8:45 am]
BILLING CODE 3720–58–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 20
[Docket No. FWS–HQ–MB–2017–0028;
FF09M21200–178–FXMB1231099BPP0]
RIN 1018–BB73
Migratory Bird Hunting; Proposed
Migratory Bird Hunting Regulations on
Certain Federal Indian Reservations
and Ceded Lands for the 2018–19
Season
Fish and Wildlife Service,
Interior.
ACTION: Proposed rule.
AGENCY:
The U.S. Fish and Wildlife
Service (hereinafter, Service or we)
proposes special migratory bird hunting
regulations for certain Tribes on Federal
Indian reservations, off-reservation trust
lands, and ceded lands for the 2018–19
migratory bird hunting season.
DATES: You must submit comments on
the proposed regulations by June 22,
2018.
SUMMARY:
Comments: You may submit
comments on the proposals by one of
the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments
on Docket No. FWS–HQ–MB–2017–
0028.
• U.S. mail or hand delivery: Public
Comments Processing, Attn: FWS–HQ–
MB–2017–0028; Division of Policy,
Performance, and Management
Programs; U.S. Fish and Wildlife
Service; MS: BPHC; 5275 Leesburg Pike;
Falls Church, VA 22041–3803.
We will post all comments on https://
www.regulations.gov. This generally
means that we will post any personal
information you provide us (see Public
Comments, below, for more
information).
daltland on DSKBBV9HB2PROD with PROPOSALS
ADDRESSES:
VerDate Sep<11>2014
16:37 May 22, 2018
Jkt 244001
Ron
W. Kokel, U.S. Fish and Wildlife
Service, Department of the Interior, MS:
MB, 5275 Leesburg Pike, Falls Church,
VA 22041–3803; (703) 358–1967.
SUPPLEMENTARY INFORMATION: As part of
the Department of the Interior’s (DOI’s)
retrospective regulatory review, we
developed a schedule for migratory
game bird hunting regulations that is
more efficient and will provide dates
much earlier than was possible under
the old process. This will facilitate
planning for the States and all parties
interested in migratory bird hunting.
Beginning in the summer of 2015, with
the development of the 2016–17 hunting
seasons, we are using a new schedule
for establishing our annual migratory
game bird hunting regulations. We will
combine the current early- and lateseason regulatory actions into a single
process, based on predictions derived
from long-term biological information
and harvest strategies, to establish
migratory bird hunting seasons much
earlier than the system we have used for
many years. Under the new process, we
will develop proposed hunting season
frameworks for a given year in the fall
of the prior year. We will finalize those
frameworks a few months later, thereby
enabling the State agencies to select and
publish their season dates in early
summer. This rulemaking is part of that
process.
We developed the guidelines for
establishing special migratory bird
hunting regulations for Indian Tribes in
response to tribal requests for
recognition of their reserved hunting
rights and, for some Tribes, recognition
of their authority to regulate hunting by
both tribal and nontribal hunters on
their reservations. The guidelines
include possibilities for:
(1) On-reservation hunting by both
tribal and nontribal hunters, with
hunting by nontribal hunters on some
reservations to take place within Federal
frameworks but on dates different from
those selected by the surrounding
State(s);
(2) On-reservation hunting by tribal
members only, outside of the usual
Federal frameworks for season dates and
length, and for daily bag and possession
limits; and
(3) Off-reservation hunting by tribal
members on ceded lands, outside of
usual framework dates and season
length, with some added flexibility in
daily bag and possession limits.
In all cases, the regulations
established under the guidelines must
be consistent with the March 10 to
September 1 closed season mandated by
the 1916 Convention between the
FOR FURTHER INFORMATION CONTACT:
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23869
United States and Great Britain (for
Canada) for the Protection of Migratory
Birds (Treaty). The guidelines apply to
those Tribes having recognized reserved
hunting rights on Federal Indian
reservations (including off-reservation
trust lands) and on ceded lands. They
also apply to establishing migratory bird
hunting regulations for nontribal
hunters on all lands within the exterior
boundaries of reservations where Tribes
have full wildlife management authority
over such hunting or where the Tribes
and affected States otherwise have
reached agreement over hunting by
nontribal hunters on lands owned by
non-Indians within the reservation.
Tribes usually have the authority to
regulate migratory bird hunting by
nonmembers on Indian-owned
reservation lands, subject to Service
approval. The question of jurisdiction is
more complex on reservations that
include lands owned by non-Indians,
especially when the surrounding States
have established or intend to establish
regulations governing hunting by nonIndians on these lands. In such cases,
we encourage the Tribes and States to
reach agreement on regulations that
would apply throughout the
reservations. When appropriate, we will
consult with a Tribe and State with the
aim of facilitating an accord. We also
will consult jointly with tribal and State
officials in the affected States where
Tribes wish to establish special hunting
regulations for tribal members on ceded
lands. Because of past questions
regarding interpretation of what events
trigger the consultation process, as well
as who initiates it, we provide the
following clarification.
We routinely provide copies of
Federal Register publications pertaining
to migratory bird management to all
State Directors, Tribes, and other
interested parties. It is the responsibility
of the States, Tribes, and others to notify
us of any concern regarding any
feature(s) of any regulations. When we
receive such notification, we will
initiate consultation.
Our guidelines provide for the
continued harvest of waterfowl and
other migratory game birds by tribal
members on reservations where such
harvest has been a customary practice.
We do not oppose this harvest, provided
it does not take place during the closed
season defined by the Treaty, and does
not adversely affect the status of the
migratory bird resource. Before
developing the guidelines, we reviewed
available information on the current
status of migratory bird populations,
reviewed the current status of migratory
bird hunting on Federal Indian
reservations, and evaluated the potential
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]]>Agencies
[Federal Register Volume 83, Number 100 (Wednesday, May 23, 2018)]
[Proposed Rules]
[Pages 23867-23869]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11017]
[[Page 23867]]
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DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers
33 CFR Part 334
[COE-2017-0006]
Little Creek Harbor, Fisherman's Cove, Joint Expeditionary Base
Little Creek-Fort Story, Little Creek, Virginia, Restricted Areas
AGENCY: United States Army Corps of Engineers, Department of Defense.
ACTION: Notice of proposed rulemaking and request for comments.
-----------------------------------------------------------------------
SUMMARY: The Corps of Engineers is proposing to establish a restricted
area in the waters of Fisherman's Cove and Little Creek Harbor at Joint
Expeditionary Base Little Creek-Fort Story, Little Creek (JEBLCFS) in
Virginia Beach, Virginia. JEBLCFS is the homeport of numerous ships,
small boats and special operational units. The proposed amendment is
necessary to better protect vessels and personnel assigned to JEBLCFS
by implementing a waterside security program. The proposed amendment
establishes the restricted area waters within the boundaries of the
existing installation and in the entry channel into the harbor.
DATES: Written comments must be submitted on or before June 22, 2018.
ADDRESSES: You may submit comments, identified by docket number COE-
2017-0006, by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov. Follow the
instructions for submitting comments.
Email: [email protected]. Include the docket number,
COE-2017-0006, in the subject line of the message.
Mail: U.S. Army Corps of Engineers, Attn: CECW-CO-R (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-2017-0006.
All comments received will be included in the public docket without
change and may be made available on-line at https://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
email. The regulations.gov website 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 email directly
to the Corps without going through regulations.gov, your email 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.
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: 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 proposing amendments to
regulations in 33 CFR part 334 for the establishment of a new
restricted area in the waters of Fisherman's Cove and Little Creek at
JEBLCFS in Virginia Beach, Virginia. In a memorandum dated May 1, 2017,
the Department of the Navy requested that the Corps modify 33 CFR 334
to establish a permanent restricted area. The proposed amendment is
necessary to better protect vessels and personnel assigned to JEBLCFS
by implementing a waterside security program. The request is in
response to the possible risks associated with the potential for
unfettered access to the harbor and the close proximity of a civilian
marina to naval assets. The proposed amendment establishes the
restricted area in waters within the boundary of the existing
installation and in the entry channel into the harbor.
Procedural Requirements
a. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This proposed rule has
not been designated a ``significant regulatory action,'' under
Executive Order 12866. Accordingly, this proposed rule has not been
reviewed by the Office of Management and Budget (OMB), and pursuant to
OMB guidance it is exempt from the requirements of Executive Order
13771.
The Corps has made a determination this proposed rule is not a
significant regulatory action. This regulatory action determination is
based on the proposed rules governing the restricted areas, which allow
any vessel that needs to transit the restricted areas to do so if the
operator of the vessel obtains permission from Little Creek Port
Control or the Commanding Officer, JEBLCFS, and/or other persons or
agencies as he/she may designate.
b. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
The Corps certifies under 5 U.S.C. 605(b) that this rule would not
have a significant economic impact on a substantial number of small
entities. While some owners or operators of vessels that intend to
transit the restricted areas may be small entities, for the reasons
stated in paragraph (a) above this rule would not have a significant
economic impact on any vessel owner or operator. In addition, the
restricted areas are necessary to protect vessels and personnel
assigned to JEBLCFS by implementing a waterside security program. Small
[[Page 23868]]
entities can also utilize navigable waters outside of the restricted
areas. Small entities that need to transit the restricted areas may do
so as long as the operator of the vessel obtains permission from Little
Creek Port Control or the Commanding Officer, JEBLCFS, and/or other
persons or agencies as he/she may designate. The restricted areas are
necessary for security of JEBLCFS. Unless information is obtained to
the contrary during the comment period, the Corps expects that the
economic impact of the proposed restricted areas would have practically
no impact on the public, any anticipated navigational hazard or
interference with existing waterway traffic. After considering the
economic impacts of this restricted area regulation on small entities,
I certify that this action will not have a significant impact on a
substantial number of 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.
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
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. Add Sec. 334.305 to read as follows:
Sec. 334.305 Little Creek Harbor, Fisherman's Cove, Joint
Expeditionary Base Little Creek-Fort Story, Little Creek, Virginia,
Restricted Areas.
(a) The Little Creek Restricted Areas. The Little Creek Restricted
Areas consist of two distinct areas: The Outer Harbor Restricted Area
and the Inner Harbor Restricted Area. The datum for the coordinates in
this section is NAD-83.
(1) The Outer Harbor Restricted Area. The waters within an area
beginning at a point on shore at latitude 36[deg]55'57.7'' N, longitude
76[deg]10'35'' W, thence southwesterly to a point on the opposite shore
at latitude 36[deg]55'53'' N, longitude 76[deg]10'44'' W, thence
southerly to latitude 36[deg]55'21.2'' N, longitude 76[deg]10'42'' W,
thence southwesterly to latitude 36[deg]55'17.8'' N, longitude
76[deg]10'49'' W, thence northwesterly to a point in Fisherman's Cove
at latitude 36[deg]55'22'' N, longitude 76[deg]11'15.5'' W, thence
southerly to latitude 36[deg]55'19.2'' N, longitude 76[deg]11'16'' W,
thence easterly along the southern shoreline of Fisherman's Cove, to
latitude 36[deg]55'15.8'' N, longitude 76[deg]10'58.8'' W, and ending
at latitude 36[deg]55'18'' N, longitude 76[deg]10'30'' W, thence to the
point of origin.
(2) The Inner Harbor Restricted Area. The waters within Little
Creek Harbor south of a line beginning at latitude 36[deg]55'15.8'' N,
longitude 76[deg]10'58.8'' W, and ending at latitude 36[deg]55'19.3''
N, longitude 76[deg]10'29.5'' W.
(b) The Regulations. (1) All vessels intending to transit inbound/
outbound of the Little Creek Restricted Areas shall notify the Little
Creek Port Control of their destination and intentions.
(2) The Outer Harbor Restricted Area. All privately owned vessels
properly registered and bearing identification in accordance with
Federal and/or State laws and regulations, and all Government owned
vessels (public vessels) may enter or exit the waters described in
paragraph (a)(1) of this section at any time and transit inbound/
outbound of the marked dredged channel leading to Little Creek Harbor
between jetties 8 miles westward of Cape Henry Light. All vessels
entering or exiting the channel must notify Little Creek Port Control
using VHF-FM channel 12, stating their destination/intention. All
vessels transiting inbound/outbound of the channel except as noted in
paragraph (c)(2) of this section shall proceed at speeds commensurate
with minimum wake unless approved by Little Creek Port Control
(3) The Inner Harbor Restricted Area. Vessels or persons intending
to transit inbound/outbound within the waters described in paragraph
(a)(2) of this section shall request permission from Little Creek Port
Control with the exception of those listed in paragraph (c)(2) of this
section. This permission shall suffice for Outer Harbor notification.
The Inner Harbor Restricted Area is restricted to those privately owned
vessels or persons calling upon the commercial/private piers located
within the Inner Harbor and Government owned vessels (public vessels)
transiting to and from U.S. Navy or U.S. Coast Guard facilities, and
authorized Department of Defense patrons of the U.S. Navy recreational
marina. No other vessels or persons may enter or exit this area unless
specific authorization is granted by Commanding Officer, Joint
Expeditionary Base Little Creek-Fort Story, and/or other persons or
agencies as he/she may designate.
(4) All vessels or persons transiting inbound/outbound of the Outer
and Inner Harbor restricted areas are subject to all applicable federal
and state laws including laws or regulations designed to protect the
naval facility, and persons or vessels assigned therein. Federal and
State law enforcement officials may at any time take action to ensure
compliance with their respective laws. In addition, this regulation
authorizes Navy security personnel, designated by Commander, Joint
Expeditionary Base Little Creek-Fort Story or persons authorized to act
in his/her behalf, the authority to ascertain the identity and intent
of any vessels and/or persons transiting the restricted area that
indicate by way of appearance or action they are a possible threat to
government assets. If a determination is made that the vessel and/or
persons are a threat to government assets located within the restricted
area, Navy security units may take actions as provided by law or
regulation that are deemed necessary to protect government personnel
and assets located within the restricted area.
(c) Enforcement. (1) The regulations in this section shall be
enforced by the Commanding Officer, Joint Expeditionary Base Little
Creek-Fort Story and/or persons or agencies as he/she may designate.
(2) Federal and State Law enforcement vessels and personnel may
enter anywhere in the restricted area at any time in the operation of
their statutory missions or to enforce their respective laws.
(3) Nothing in this regulation is deemed to preempt 33 CFR 165.501.
(4) Vessels or persons calling upon the commercial/private piers
located within the Inner Harbor with proper identification and
clearance will be allowed entry subject to the same
[[Page 23869]]
provisions described in paragraph (b) of this section. Commander, Joint
Expeditionary Base Little Creek-Fort Story reserves the right to
temporarily deny entry in emergency situations, elevated Department of
Defense Force Protection conditions in the Harbor, or other safety of
navigation constraints.
Dated: May 11, 2018.
Thomas P. Smith,
Chief, Operations and Regulatory Division, Directorate of Civil Works.
[FR Doc. 2018-11017 Filed 5-22-18; 8:45 am]
BILLING CODE 3720-58-P
