83 FR 23864 - James River, Skiffes Creek and Warwick River Surrounding Joint Base Langley-Eustis (JBLE-Eustis), Virginia; Restricted Areas and Danger Zones
DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers Federal Register Volume 83, Issue 100 (May 23, 2018)
Department of the Army, Corps of Engineers
Federal Register Volume 83, Issue 100 (May 23, 2018)
| Page Range | 23864-23866 | |
| FR Document | 2018-11016 |
[Federal Register Volume 83, Number 100 (Wednesday, May 23, 2018)] [Proposed Rules] [Pages 23864-23866] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-11016] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE Department of the Army, Corps of Engineers 33 CFR Part 334 [COE-2017-0011] James River, Skiffes Creek and Warwick River Surrounding Joint Base Langley-Eustis (JBLE-Eustis), Virginia; Restricted Areas and Danger Zones AGENCY: 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 an existing permanent danger zone in the waters of the James River, Skiffes Creek and Warwick River in Newport News, Virginia. JBLE-Eustis contains a military port berthing numerous Army vessels and conducts exercises to include small craft testing and live fire training activities. The proposed amendment is necessary to protect the public from hazards associated with training and mission operations, and to protect government assets, missions, and the base population in general. The proposed amendment increases the restricted areas and creates danger zones surrounding the existing installation and firing ranges. DATES: Written comments must be submitted on or before June 22, 2018. ADDRESSES: You may submit comments, identified by docket number COE- 2017-0011, by any of the following methods: Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. Email: david.b.olson@usace.army.mil. Include the docket number, COE-2017-0011, 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-2017-0011. All comments received will be included in the public docket without change and may be made available on-line at http://www.regulations.gov, including any personal information provided, unless the commenter indicates that the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI, or otherwise protected, through regulations.gov or 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 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 [[Page 23865]] Engineers is proposing amendments to regulations in 33 CFR part 334 for the establishment of new restricted areas and danger zones, in the waters of the James River, Skiffes Creek and Warwick River in Newport News, Virginia. In a memorandum dated April 28, 2017, the Department of the Air Force requested that the Corps modify 33 CFR 334.280 to establish permanent restricted areas and danger zones. The proposed permanent restricted areas and danger zones are necessary to protect the public from hazards associated with training and mission operations, and to fulfill the current security needs of the Department of the Air Force to protect government assets, missions, and the base population in general at the facility. The proposed modification expands the restricted areas to surround JBLE-Eustis and establishes danger zones adjacent to the JBLE-Eustis firing ranges. Procedural Requirements a. Review Under Executive Order 12866 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 determined 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 Commander, JBLE-Eustis, and/or other persons or agencies as he/she may designate. b. Review Under the Regulatory Flexibility Act 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 or danger zones 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 and danger zones are necessary to protect vessels and personnel assigned to JBLE-Eustis by implementing a waterside security program. They are also necessary to protect the public. Small entities can also utilize navigable waters outside of the restricted areas and danger zones. Small entities that need to transit the restricted areas and danger zones may do so as long as vessel operators obtain permission from the Commander, Joint Base Langley- Eustis, and/or other persons or agencies as he/she may designate. The restricted areas are necessary for security of JBLE-Eustis. The danger zones area necessary for protect the public from hazards associated with training and mission operations. Unless information is obtained to the contrary during the comment period, the Corps expects that the economic impact of the proposed restricted areas and danger zones 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 and danger zone 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. Revise Sec. 334.280 to read as follows: Sec. 334.280 James River, Skiffes Creek and Warwick River surrounding Joint Base Langley-Eustis, Virginia; restricted areas and danger zones. (a) The areas. The datum for the coordinates for the restricted areas and danger zones described in this section is NAD-83. (1) Army Training and Small Craft Testing Area (restricted area). Beginning on the shore at latitude 37[deg]09'54'' N, longitude 76[deg]36'25'' W, thence westerly to latitude 37[deg]09'53'' N, longitude 76[deg]36'59'' W, thence westerly to latitude 37[deg]09'50'' N, longitude 76[deg]37'45'' W, thence southerly to latitude 37[deg]09'00'' N, longitude 76[deg]38'05'' W, thence southerly to latitude 37[deg]08'22'' N, longitude 76[deg]37'55'' W, thence due east to the shore at latitude 37[deg]08'22'' N, longitude 76[deg]37'20'' W, thence northerly following the shoreline to the point of beginning. (2) 3rd Port Facility (restricted area). An area surrounding the 3rd Port facility, Fort Eustis, beginning at a point on the shore line at latitude 37[deg]09'54'' N, longitude 76[deg]36'25'' W, thence northerly, following the shoreline to latitude 37[deg]10'29'' N, longitude 76[deg]36'06'' W, thence westerly to latitude 37[deg]10'33'' N, longitude 76[deg]36'20'' W, thence following the shoreline to latitude 37[deg]10'13'' N, longitude 76[deg]36'42'' W, thence southerly to latitude 37[deg]09'53'' N, longitude 76[deg]36'59'' W, thence to the point of beginning. (3) Warwick River and any tributaries, creeks, estuaries, tidal areas, to include Butlers Gut and Jail Creek (restricted area). All navigable waters of the United States as defined in 33 CFR part 329 within the boundaries of Fort Eustis, westerly of a line connecting the following coordinates: Commencing [[Page 23866]] from the shoreline at latitude 37[deg]09'47'' N, longitude 76[deg]33'52'' W, thence following the meanders of the installation boundary along the westerly mean low waterline of Warwick River, thence to a point on the installation boundary at latitude 37[deg]04'35'' N, longitude 76[deg]33'19'' W. (4) James River and any tributaries, creeks, estuaries, tidal areas, to include Nells Creek, Locust Neck Creek, Dudleys Creek, Morrisons Creek, Morleys Gut, Blows Creek, and Milstead Creek (restricted area). Navigable waters of the United States as defined at 33 CFR part 329 within the boundaries of Fort Eustis, north/north- easterly of a line connecting the following coordinates: Commencing from the shoreline at latitude 37[deg]04'35'' N, longitude 76[deg]33'19'' W, thence following the meanders of the installation boundary along the northeasterly mean low waterline of the James River, thence to a point on the installation boundary at latitude 37[deg]10'03'' N, longitude 76[deg]36'26'' W at a point at the mouth of Skiffes Creek. (5) Skiffes Creek and any tributaries, creeks, estuaries, tidal areas, to include Baileys Creek (restricted area). All navigable waters of the United States as defined at 33 CFR part 329 within the boundaries of Fort Eustis, easterly of a line connecting the following coordinates: Commencing from a point on the installation boundary at latitude 37[deg]10'03'' N, longitude 76[deg]36'26'' W, thence following the meanders of the installation boundary along the northeasterly mean low waterline of Skiffes Creek, thence to a point at latitude 37[deg]10'30'' N, longitude 76[deg]36'07'' W within Skiffes Creek at the centerline of an unnamed tributary off Skiffes Creek; thence, with the centerline meanders of the said centerline of the unnamed tributary following the meanders of the installation boundary; thence to a point on the installation boundary at latitude 37[deg]10'36'' N, longitude 76[deg]36'02'' W. (6) Danger Zone Warwick River. Navigable waters of the United States as defined at 33 CFR part 329 that encroach upon the boundaries of the Danger Zone of Fort Eustis, westerly of a line connecting the following coordinates: Commencing from the installation boundary at latitude 37[deg]06'44'' N, longitude 76[deg]34'04'' W, thence to a point at latitude 37[deg]06'44'' N, longitude 76[deg]34'02'' W, thence to a point at latitude 37[deg]06'35'' N, longitude 76[deg]33'56'' W, thence to a point at latitude 37[deg]06'28'' N, longitude 76[deg]33'57'' W, thence to a point at latitude 37[deg]06'15'' N, longitude 76[deg]33'30'' W, thence to a point at latitude 37[deg]05'43'' N, longitude 76[deg]33'13'' W, thence to a point at latitude 37[deg]05'33'' N, longitude 76[deg]33'17'' W, thence to a point at latitude 37[deg]05'13'' N, longitude 76[deg]32'53'' W, thence to a point at latitude 37[deg]05'03'' N, longitude 76[deg]33'09'' W, thence following the meanders of the installation boundary along the southwesterly mean low waterline of Warwick River, thence to a point at latitude 37[deg]04'52'' N, longitude 76[deg]33'13'' W, thence to a point at latitude 37[deg]04'49'' N, longitude 76[deg]33'11'' W, thence to a point at latitude 37[deg]04'43'' N, longitude 76[deg]33'28'' W, thence following the meanders of the installation boundary along the southwesterly mean low waterline of Warwick River, thence to a point at latitude 37[deg]04'35'' N, longitude 76[deg]33'19'' W. (7) Danger Zone James River. Navigable waters of the United States as defined at 33 CFR part 329 that encroach upon the boundaries of the Danger Zone of Fort Eustis, north/north-easterly of a line connecting the following coordinates: Commencing from the installation boundary at latitude 37[deg]04'35'' N, longitude 76[deg]33'19'' W, thence following the meanders of the installation boundary along the easterly mean low waterline of James River to a point at latitude 37[deg]04'39'' N, longitude 76[deg]33'39'' W, thence to a point at latitude 37[deg]04'33'' N, longitude 76[deg]34'15'' W, thence to a point at latitude 37[deg]04'52'' N, longitude 76[deg]34'19'' W, thence to a point at latitude 37[deg]04'52'' N, longitude 76[deg]34'18'' W, thence to a point at latitude 37[deg]04'60'' N, longitude 76[deg]34'20'' W, thence to a point at latitude 37[deg]05'19'' N, longitude 76[deg]34'51'' W, thence to a point at latitude 37[deg]05'53'' N, longitude 76[deg]35'00'' W, thence to a point at latitude 37[deg]06'03'' N, longitude 76[deg]35'08'' W, thence following the meanders of the installation boundary along the easterly mean low waterline of James River, thence to a point at latitude 37[deg]06'40'' N, longitude 76[deg]35'52'' W, thence to a point at latitude 37[deg]06'35'' N, longitude 76[deg]36'19'' W, thence to a point on the installation boundary at latitude 37[deg]06'50'' N, longitude 76[deg]36'21'' W. (b) The regulations. (1) For the restricted areas defined in paragraphs (a)(1) and (a)(2) of this section: (i) All vessels will contact the 3rd Port Harbor Master on marine channel 12 or 68 prior to entering or transiting these restricted areas. (ii) The passage of fishing vessels to or from authorized traps, or the transit of commercial vessels, will be coordinated with the 3rd Port Harbor Master on marine channel 12 or 68. (iii) The harvesting and cultivation of oyster beds or the setting of fish traps within these restricted areas will be allowed provided the commercial fisherman coordinate access to these areas with the 3rd Port Harbor Master on marine channel 12 or 68. (iv) The Commander, Joint Base Langley-Eustis will, to the extent possible, give public notice from time to time through local news media and the Coast Guard's Local Notice to Mariners of the schedule of intended Department of Defense use of the restricted areas. (2) For the restricted areas defined in paragraphs (a)(3), (a)(4), and (a)(5) of this section: (i) Entry into these areas is for official government purposes only, or as authorized by the Commander, Joint Base Langley-Eustis. (ii) Entry will be coordinated and conducted in accordance with the policies and procedures established by the Commander, Joint Base Langley-Eustis. (3) For the danger zones defined in paragraphs (a)(6) and (a)(7) of this section: (i) Persons, vessels or other craft shall not enter or remain in the danger zone when firing is or will soon be in progress unless authorized to do so by the enforcing agency. (ii) Advance notice of the schedule of small arms firing will be provided via the Joint Base Langley-Eustis web page. (iii) All projectiles will be fired to land within the impact area on the Fort Eustis peninsula. Neither the Department of the Army nor the Department of the Air Force will be responsible for damages by such projectiles to nets, traps, buoys, pots, fishpounds, stakes, or other equipment which may be located within these danger zones. (c) Enforcement. The regulations of this section shall be enforced by the Commander, Joint Base Langley-Eustis, Virginia, and such agencies as the commander may designate. Dated: May 11, 2018. Thomas P. Smith, Chief, Operations and Regulatory Division, Directorate of Civil Works. [FR Doc. 2018-11016 Filed 5-22-18; 8:45 am] BILLING CODE 3720-58-P
![23864 Federal Register / Vol. 83, No. 100 / Wednesday, May 23, 2018 / Proposed Rules
VI. Comment Procedures or email at ferconlinesupport@ferc.gov, receive comments by hand delivery or
61. The Commission invites interested or the Public Reference Room at 202– courier.
502–8371, TTY 202–502–8659. Email Instructions: Direct your comments to
persons to submit comments on the
the Public Reference Room at docket number COE–2017–0011. All
matters and issues proposed in this
public.referenceroom@ferc.gov. comments received will be included in
notice to be adopted, including any
By direction of the Commission.
the public docket without change and
related matters or alternative proposals
may be made available on-line at http://
that commenters may wish to discuss. Issued: May 17, 2018.
www.regulations.gov, including any
Comments are due July 23, 2018. Nathaniel J. Davis, Sr., personal information provided, unless
Comments must refer to Docket No. Deputy Secretary. the commenter indicates that the
RM18–8–000, and must include the [FR Doc. 2018–11001 Filed 5–22–18; 8:45 am] comment includes information claimed
commenter’s name, the organization BILLING CODE 6717–01–P to be Confidential Business Information
they represent, if applicable, and their
(CBI) or other information whose
address in their comments.
disclosure is restricted by statute. Do
62. The Commission encourages
DEPARTMENT OF DEFENSE not submit information that you
comments to be filed electronically via
consider to be CBI, or otherwise
the eFiling link on the Commission’s Department of the Army, Corps of protected, through regulations.gov or
website at http://www.ferc.gov. The Engineers email. The regulations.gov website is an
Commission accepts most standard
anonymous access system, which means
word processing formats. Documents 33 CFR Part 334 we will not know your identity or
created electronically using word
[COE–2017–0011] contact information unless you provide
processing software should be filed in
it in the body of your comment. If you
native applications or print-to-PDF
James River, Skiffes Creek and send an email directly to the Corps
format and not in a scanned format.
Warwick River Surrounding Joint Base without going through regulations.gov,
Commenters filing electronically do not
Langley-Eustis (JBLE-Eustis), Virginia; your email address will be
need to make a paper filing.
Restricted Areas and Danger Zones automatically captured and included as
63. Commenters that are not able to
part of the comment that is placed in the
file comments electronically must send AGENCY: United States Army Corps of public docket and made available on the
an original of their comments to: Engineers, DoD. internet. If you submit an electronic
Federal Energy Regulatory Commission, ACTION: Notice of proposed rulemaking comment, we recommend that you
Secretary of the Commission, 888 First and request for comments. include your name and other contact
Street NE, Washington, DC 20426.
SUMMARY: The Corps of Engineers is information in the body of your
64. All comments will be placed in
proposing to amend an existing comment and with any disk or CD–ROM
the Commission’s public files and may
permanent danger zone in the waters of you submit. If we cannot read your
be viewed, printed, or downloaded
the James River, Skiffes Creek and comment because of technical
remotely as described in the Document
Warwick River in Newport News, difficulties and cannot contact you for
Availability section below. Commenters
Virginia. JBLE-Eustis contains a military clarification, we may not be able to
on this proposal are not required to
port berthing numerous Army vessels consider your comment. Electronic
serve copies of their comments on other
and conducts exercises to include small comments should avoid the use of any
commenters.
craft testing and live fire training special characters, any form of
VII. Document Availability activities. The proposed amendment is encryption, and be free of any defects or
65. In addition to publishing the full necessary to protect the public from viruses.
Docket: For access to the docket to
text of this document in the Federal hazards associated with training and
read background documents or
Register, the Commission provides all mission operations, and to protect
comments received, go to
interested persons an opportunity to government assets, missions, and the
www.regulations.gov. All documents in
view and/or print the contents of this base population in general. The
the docket are listed. Although listed in
document via the internet through the proposed amendment increases the
the index, some information is not
Commission’s Home Page (http:// restricted areas and creates danger zones
publicly available, such as CBI or other
www.ferc.gov) and in the Commission’s surrounding the existing installation
information whose disclosure is
Public Reference Room during normal and firing ranges.
restricted by statute. Certain other
business hours (8:30 a.m. to 5:00 p.m. DATES: Written comments must be
material, such as copyrighted material,
Eastern time) at 888 First Street NE, submitted on or before June 22, 2018. is not placed on the internet and will be
Room 2A, Washington DC 20426. ADDRESSES: You may submit comments, publicly available only in hard copy
66. From the Commission’s Home identified by docket number COE– form.
Page on the internet, this information is 2017–0011, by any of the following
available on eLibrary. The full text of FOR FURTHER INFORMATION CONTACT: Mr.
methods:
this document is available on eLibrary Federal eRulemaking Portal: http:// David Olson, Headquarters, Operations
in PDF and Microsoft Word format for www.regulations.gov. Follow the and Regulatory Community of Practice,
viewing, printing, and/or downloading. instructions for submitting comments. Washington, DC at 202–761–4922, or
To access this document in eLibrary, Email: david.b.olson@usace.army.mil. Nicole Woodward, Corps of Engineers,
daltland on DSKBBV9HB2PROD with PROPOSALS
type the docket number, excluding the Include the docket number, COE–2017– Norfolk District, Regulatory Branch, at
last three digits of this document in the 0011, in the subject line of the message. 757–201–7122.
docket number field. Mail: U.S. Army Corps of Engineers, SUPPLEMENTARY INFORMATION: Pursuant
67. User assistance is available for Attn: CECW–CO–R (David B. Olson), to its authorities in Section 7 of the
eLibrary and the Commission’s website 441 G Street NW, Washington, DC Rivers and Harbors Act of 1917 (40 Stat.
during normal business hours from the 20314–1000. 266; 33 U.S.C. 1) and Chapter XIX of the
Commission’s Online Support at 202– Hand Delivery/Courier: Due to Army Appropriations Act of 1919 (40
502–6652 (toll free at 1–866–208–3676) security requirements, we cannot Stat. 892; 33 U.S.C. 3), the Corps of
VerDate Sep<11>2014 16:37 May 22, 2018 Jkt 244001 PO 00000 Frm 00038 Fmt 4702 Sfmt 4702 E:\FR\FM\23MYP1.SGM 23MYP1](https://thefederalregister.org/doc/83_FR_23964/page/1.svg)
![23866 Federal Register / Vol. 83, No. 100 / Wednesday, May 23, 2018 / Proposed Rules
from the shoreline at latitude 37°09′47″ latitude 37°05′43″ N, longitude coordinated with the 3rd Port Harbor
N, longitude 76°33′52″ W, thence 76°33′13″ W, thence to a point at Master on marine channel 12 or 68.
following the meanders of the latitude 37°05′33″ N, longitude (iii) The harvesting and cultivation of
installation boundary along the westerly 76°33′17″ W, thence to a point at oyster beds or the setting of fish traps
mean low waterline of Warwick River, latitude 37°05′13″ N, longitude within these restricted areas will be
thence to a point on the installation 76°32′53″ W, thence to a point at
allowed provided the commercial
boundary at latitude 37°04′35″ N, latitude 37°05′03″ N, longitude
longitude 76°33′19″ W. fisherman coordinate access to these
76°33′09″ W, thence following the
(4) James River and any tributaries, meanders of the installation boundary areas with the 3rd Port Harbor Master
creeks, estuaries, tidal areas, to include along the southwesterly mean low on marine channel 12 or 68.
Nells Creek, Locust Neck Creek, Dudleys waterline of Warwick River, thence to a (iv) The Commander, Joint Base
Creek, Morrisons Creek, Morleys Gut, point at latitude 37°04′52″ N, longitude Langley-Eustis will, to the extent
Blows Creek, and Milstead Creek 76°33′13″ W, thence to a point at possible, give public notice from time to
(restricted area). Navigable waters of the latitude 37°04′49″ N, longitude time through local news media and the
United States as defined at 33 CFR part 76°33′11″ W, thence to a point at Coast Guard’s Local Notice to Mariners
329 within the boundaries of Fort latitude 37°04′43″ N, longitude of the schedule of intended Department
Eustis, north/north-easterly of a line 76°33′28″ W, thence following the of Defense use of the restricted areas.
connecting the following coordinates: meanders of the installation boundary
Commencing from the shoreline at (2) For the restricted areas defined in
along the southwesterly mean low
latitude 37°04′35″ N, longitude paragraphs (a)(3), (a)(4), and (a)(5) of
waterline of Warwick River, thence to a
76°33′19″ W, thence following the point at latitude 37°04′35″ N, longitude this section:
meanders of the installation boundary 76°33′19″ W. (i) Entry into these areas is for official
along the northeasterly mean low (7) Danger Zone James River. government purposes only, or as
waterline of the James River, thence to Navigable waters of the United States as authorized by the Commander, Joint
a point on the installation boundary at defined at 33 CFR part 329 that Base Langley-Eustis.
latitude 37°10′03″ N, longitude encroach upon the boundaries of the
76°36′26″ W at a point at the mouth of (ii) Entry will be coordinated and
Danger Zone of Fort Eustis, north/north- conducted in accordance with the
Skiffes Creek. easterly of a line connecting the
(5) Skiffes Creek and any tributaries, policies and procedures established by
following coordinates: Commencing the Commander, Joint Base Langley-
creeks, estuaries, tidal areas, to include
from the installation boundary at Eustis.
Baileys Creek (restricted area). All
latitude 37°04′35″ N, longitude
navigable waters of the United States as (3) For the danger zones defined in
76°33′19″ W, thence following the
defined at 33 CFR part 329 within the paragraphs (a)(6) and (a)(7) of this
meanders of the installation boundary
boundaries of Fort Eustis, easterly of a section:
along the easterly mean low waterline of
line connecting the following
James River to a point at latitude (i) Persons, vessels or other craft shall
coordinates: Commencing from a point
37°04′39″ N, longitude 76°33′39″ W, not enter or remain in the danger zone
on the installation boundary at latitude
37°10′03″ N, longitude 76°36′26″ W, thence to a point at latitude 37°04′33″ N, when firing is or will soon be in
thence following the meanders of the longitude 76°34′15″ W, thence to a point progress unless authorized to do so by
installation boundary along the at latitude 37°04′52″ N, longitude the enforcing agency.
northeasterly mean low waterline of 76°34′19″ W, thence to a point at
latitude 37°04′52″ N, longitude (ii) Advance notice of the schedule of
Skiffes Creek, thence to a point at small arms firing will be provided via
latitude 37°10′30″ N, longitude 76°34′18″ W, thence to a point at
latitude 37°04′60″ N, longitude the Joint Base Langley-Eustis web page.
76°36′07″ W within Skiffes Creek at the
centerline of an unnamed tributary off 76°34′20″ W, thence to a point at (iii) All projectiles will be fired to
Skiffes Creek; thence, with the latitude 37°05′19″ N, longitude land within the impact area on the Fort
centerline meanders of the said 76°34′51″ W, thence to a point at Eustis peninsula. Neither the
centerline of the unnamed tributary latitude 37°05′53″ N, longitude Department of the Army nor the
following the meanders of the 76°35′00″ W, thence to a point at Department of the Air Force will be
installation boundary; thence to a point latitude 37°06′03″ N, longitude responsible for damages by such
on the installation boundary at latitude 76°35′08″ W, thence following the projectiles to nets, traps, buoys, pots,
37°10′36″ N, longitude 76°36′02″ W. meanders of the installation boundary fishpounds, stakes, or other equipment
(6) Danger Zone Warwick River. along the easterly mean low waterline of which may be located within these
Navigable waters of the United States as James River, thence to a point at latitude danger zones.
defined at 33 CFR part 329 that 37°06′40″ N, longitude 76°35′52″ W,
thence to a point at latitude 37°06′35″ N, (c) Enforcement. The regulations of
encroach upon the boundaries of the
Danger Zone of Fort Eustis, westerly of longitude 76°36′19″ W, thence to a point this section shall be enforced by the
a line connecting the following on the installation boundary at latitude Commander, Joint Base Langley-Eustis,
coordinates: Commencing from the 37°06′50″ N, longitude 76°36′21″ W. Virginia, and such agencies as the
installation boundary at latitude (b) The regulations. (1) For the commander may designate.
37°06′44″ N, longitude 76°34′04″ W, restricted areas defined in paragraphs Dated: May 11, 2018.
daltland on DSKBBV9HB2PROD with PROPOSALS
thence to a point at latitude 37°06′44″ N, (a)(1) and (a)(2) of this section: Thomas P. Smith,
longitude 76°34′02″ W, thence to a point (i) All vessels will contact the 3rd Port
Chief, Operations and Regulatory Division,
at latitude 37°06′35″ N, longitude Harbor Master on marine channel 12 or
Directorate of Civil Works.
76°33′56″ W, thence to a point at 68 prior to entering or transiting these
[FR Doc. 2018–11016 Filed 5–22–18; 8:45 am]
latitude 37°06′28″ N, longitude restricted areas.
BILLING CODE 3720–58–P
76°33′57″ W, thence to a point at (ii) The passage of fishing vessels to
latitude 37°06′15″ N, longitude or from authorized traps, or the transit
76°33′30″ W, thence to a point at of commercial vessels, will be
VerDate Sep<11>2014 16:37 May 22, 2018 Jkt 244001 PO 00000 Frm 00040 Fmt 4702 Sfmt 9990 E:\FR\FM\23MYP1.SGM 23MYP1](https://thefederalregister.org/doc/83_FR_23964/page/3.svg)
Document Created: 2018-05-22 23:49:20
Document Modified: 2018-05-22 23:49:20
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Notice of proposed rulemaking and request for comments. | |
| Dates | Written comments must be submitted on or before June 22, 2018. | |
| Contact | Mr. David Olson, Headquarters, Operations and Regulatory Community of Practice, Washington, DC at 202- 761-4922, or Nicole Woodward, Corps of Engineers, Norfolk District, Regulatory Branch, at 757-201-7122. | |
| FR Citation | 83 FR 23864 | |
| CFR Associated | Danger Zones; Marine Safety; Navigation (water); Restricted Areas and Waterways |
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