[Federal Register: November 27, 2002 (Volume 67, Number 229)]
[Proposed Rules]
[Page 71013-71015]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27no02-27]
[[Page 71013]]
-----------------------------------------------------------------------
Part II
Department of Defense
-----------------------------------------------------------------------
Department of the Army; Corps of Engineers
-----------------------------------------------------------------------
33 CFR Part 334
United States Navy Restricted Area, Sandy Hook Bay, Naval Weapons
Station EARLE, New Jersey; Proposed Rule
[[Page 71014]]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Department of the Army; Corps of Engineers
33 CFR Part 334
United States Navy Restricted Area, Sandy Hook Bay, Naval Weapons
Station EARLE, New Jersey
AGENCY: United States Army Corps of Engineers, DoD.
ACTION: Notice of proposed rulemaking and request for comments.
-----------------------------------------------------------------------
SUMMARY: The U.S. Army Corps of Engineers is proposing to amend
regulations to establish a restricted area in the vicinity of Naval
Weapons Station EARLE (EARLE) Piers and Terminal Channel, Sandy Hook
Bay, New Jersey. These regulations will enable the U.S. Navy to enhance
safety and security around active military vessels moored at the
facility and partly restrict travel in the area. These regulations are
necessary to safeguard military vessels and United States government
facilities from sabotage and other subversive acts, accidents, or
incidents of similar nature. These regulations are also necessary to
protect the public from potentially hazardous conditions that may exist
as a result of military use of the area.
DATES: Written comments must be submitted on or before December 27,
2002.
ADDRESSES: Send comments to U.S. Army Corps of Engineers, ATTN: CECW-
OR, 441 G Street, NW, Washington, DC 20314-1000.
FOR FURTHER INFORMATION CONTACT: Mr. Frank Torbett, Headquarters
Regulatory Branch, Washington, DC at (202) 761-4618, or Mr. Richard L.
Tomer, U.S. Army Corps of Engineers, New York District, Regulatory
Branch, at (212) 264-3996.
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 is proposing to amend the restricted area
regulations in 33 CFR part 334 by establishing a restricted area at
Sec. 334.102. The public currently has restricted access near the
facility and units assigned there due to the existence of a ``Security
Zone'' previously established by the U.S. Coast Guard which is
identified at 33 CFR 165.130. It should be noted that the restricted
area represents an expansion of the Security Zone by an additional 295
yards to the west. This expansion would allow the maintenance of a 750-
yard wide perimeter around the pier complex. To better protect
authorized vessels transiting the Terminal Channel and mooring at the
EARLE Piers from acts of terrorism, sabotage, or other subversive acts
and incidences of a similar nature during explosives loading and
unloading, the Commander, Naval Weapons Station EARLE, has requested
that the U.S. Army Corps of Engineers establish a Restricted Area to be
enforced at all times. This will enable the U.S. Navy to restrict
vessel traffic in a portion of Sandy Hook Bay.
Procedural Requirements
a. Review Under Executive Order 12866
This proposed rule is issued with respect to a military function of
the United States and the provisions of Executive Order 12866 do not
apply.
b. Review Under the Regulatory Flexibility Act
These proposed rules have been reviewed under the Regulatory
Flexibility Act (Public Law 96-354; 5 U.S.C. 601) 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 U.S.
Army Corps of Engineers expects that the establishment of this
restricted area would have practically no economic impact on the
public, and would create no anticipated navigational hazard or
interference with existing waterway traffic. Accordingly, it is
certified that this proposal if adopted, will not have a significant
economic impact on a substantial number of small entities.
c. Review Under the National Environmental Policy Act
An Environmental Assessment (EA) has been prepared for this action.
The U.S. Army Corps of Engineers has concluded, based on the minor
nature of the proposed additional restricted area regulations, that
this action, if adopted, will not be a major federal action having a
significant impact on the quality of the human environment, and
preparation of an environmental impact statement is not required. The
environmental assessment may be reviewed at the District office listed
at FOR FURTHER INFORMATION CONTACT above.
d. Unfunded Mandates Act
This proposed rule does not impose an enforceable duty among the
private sector and, therefore, is not a Federal private sector mandate
and is not subject to the requirements of Section 202 or 205 of the
Unfunded Mandates Reform Act (Public Laws 104.4, 109 Statute 48, 2
U.S.C. 1501 et seq.). We have also found under Section 203 of the Act,
that small Governments will not be significantly or uniquely affected
by this rulemaking.
List of Subjects in 33 CFR Part 334
Danger zones, 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 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. Section 334.102 is added to read as follows:
Sec. 334.102 Sandy Hook Bay, Naval Weapons Station EARLE (EARLE)
Piers and Terminal Channel, Middletown, New Jersey, Restricted Area.
(a) The area: An area bounded by the following points, beginning
at: latitude 40[deg] 25'55.6''N, longitude 074[deg] 04'31.4''W; thence
to latitude 40[deg] 26'54.0''N, longitude 074[deg] 03'53.0''W; thence
to latitude 40[deg] 26'58.0''N, longitude 074[deg] 04'03.0''W; thence
to latitude 40[deg] 27'56.0''N, longitude 074[deg] 03'24.0''W; thence
to latitude 40[deg] 27'41.7''N, longitude 074[deg] 02'45.0''W; thence
to latitude 40[deg] 27'23.5''N, longitude 074[deg] 02'16.6''W; thence
to latitude 40[deg] 28'21.2''N, longitude 074[deg] 01'56.0''W; thence
to latitude 40[deg] 28'07.9''N, longitude 074[deg] 02'18.6''W; thence
to latitude 40[deg] 27'39.3''N, longitude 074[deg] 02'38.3''W; thence
to latitude 40[deg] 27'28.5''N, longitude 074[deg] 02'10.4''W; thence
to latitude 40[deg] 26'29.5''N, longitude 074[deg] 02'51.2''W; thence
to latitude 40[deg] 26'31.4''N, longitude 074[deg] 02'55.4''W; thence
to latitude 40[deg] 25'27.1''N, longitude 074[deg] 03'39.7''W
longitude; thence along the shoreline to the point of origin (NAD 83).
(b) The regulation. (1) Except as set forth in paragraph (b)(2) of
this section, all persons, swimmers, vessels and other craft, except
those vessels under the supervision or contract to local military or
Naval authority, vessels of the United States Coast Guard, and other
state law enforcement vessels, are prohibited from entering the
restricted areas without permission from the Commanding Officer, Naval
Weapons Station EARLE, USN, New Jersey, or his/her authorized
representative; and (2) Vessels are authorized to cross the
[[Page 71015]]
Terminal Channel provided that there are no naval vessels then
transiting the channel (bounded by latitude 40[deg] 27'41.7''N,
longitude 074[deg] 02'45.0''W; thence to latitude 40[deg] 27'23.5''N,
longitude 074[deg] 02'16.6''W; thence to latitude 40[deg] 28'21.2''N,
longitude 074[deg] 01'56.0''W; thence to latitude 40[deg] 28'07.9''N,
longitude 074[deg] 02'18.6''W; thence to latitude 40[deg] 27'39.3''N,
longitude 074[deg] 02'38.3''W).
(c) Enforcement. The regulation in this section, promulgated by the
United States Army Corps of Engineers, shall be enforced by the
Commander, Naval Weapons Station EARLE, New Jersey and/or other persons
or agencies as he/she may designate, or any other person authorized by
the District Engineer, New York District, U.S. Army Corps of Engineers.
Dated: October 31, 2002.
Michael G. Ensch,
Acting Chief, Operations Division, Directorate of Civil Works.
[FR Doc. 02-30028 Filed 11-26-02; 8:45 am]
BILLING CODE 3710-92-P