Restricted areas and danger zone, Key West Harbor, Key West Naval Air Station, Florida

DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 334

Restricted areas and danger zone, Key West Harbor, Key West Naval

Air Station, Florida

AGENCY: U.S. Army Corps of Engineers, DoD.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The U.S. Army Corps of Engineers proposes to modify an

existing restricted area offshore of Boco Chica Key and to revise the

regulations to prohibit entry into a portion of a previously

established restricted area offshore of the Key West Naval Air Station,

Harry S. Truman Annex. The restricted area offshore of Boca Chica Key

is also redesignated as a danger zone as defined in 33 CFR 334.2. The

danger zone is needed to protect the public from the dangers associated

with the possibility of an errant round from an existing pistol range

impacting into the water. The establishment of the danger zone will

reduce the size of the previous restricted area.

DATES: Written comments must be submitted on or before August 1, 1994.

ADDRESSES: HQUSACE, Attn: CECW-OR, Washington, D.C. 20314-1000.

FOR FURTHER INFORMATION CONTACT:

Mr. Lonnie Shepardson at (904) 232-1677 or Mr. Ralph Eppard at (202)

272-1783.

SUPPLEMENTARY INFORMATION: The Commanding Officer, Key West Naval Air

Station, Key West, Florida has requested that the Corps amend the

regulations in 33 CFR 334.610(b)(iv) which establishes a restricted

area in the waters offshore of the Key West Naval Air Station, Harry S.

Truman Annex. The restricted area affects those waters within 100 yards

of the westerly shoreline of the Harry S. Truman Annex, including a

portion of the Truman Annex Harbor entrance. Pursuant to the existing

regulations in Sec. 334.610(b)(iv) vessels may enter that portion of

restricted area number 2 (Sec. 334.610(a)(2)), between Truman Annex

Mole and the Key West Harbor Range Channel, extending into the

northeasterly corner of the Truman Annex Mole and then further

northeasterly to the corner of the restricted area. The restricted area

was established in this configuration because the Navy did not have a

reasonably definable boundary to enforce the desired ``no transit''

area. The Navy has recently constructed a breakwater perpendicular to

the shoreline at the terminus of the existing restricted area. The

breakwater is a physical boundary which forms the northeasterly limit

of the restricted area in the Truman Annex Harbor and the expanded no

transit area. The restricted area is not enlarged. This amendment is

needed to ``close'' the triangular area adjacent to the breakwater to

protect Navy divers using the area and to provide added security for

Government property. This amendment will not affect the transit of

vessels in the area between Truman Annex Mole and the Key West Harbor

Range Channel.

The Navy also requests that the restricted area in

Sec. 334.610(a)(6) be amended. This is an area currently designated as

a restricted area, but due to its purpose, which is to protect the

public from the hazards associated with a small arms firing range

onshore, the area is redesignated as a danger zone in accordance with

definitions in 33 CFR 334.2 published by the Corps on July 12, 1993,

(58 FR 37607-37609). The existing restricted area encompasses

approximately 150,000 square yards, extending 150 yards out from the

shore for approximately 1,000 yards. This proposed revision will extend

the distance offshore to 325 yards, move the area slightly to the north

and west and reduce the overall area by approximately one-half to

74,000 square yards. This additional distance offshore is in accordance

with the Military Handbook 1027/3B dated November 30, 1992. We are also

making the following editorial changes to the regulations. (1) Remove

the word ``existing'' from Sec. 334.610(a)(3). This is an unnecessary

word in the regulation, which has no bearing on the description of the

area. (2) The regulations in Sec. 334.610(b)(1) are amended to more

clearly show which of the areas are closed to transit by the public and

those areas or portions of those areas that can be transited within the

other restricted areas. These editorial changes will not change the

size or configuration of these restricted areas. The Corps proposes to

amend the regulations in 33 CFR 334.610 pursuant to its authorities in

Section 7 of the Rivers and Harbors Act of 1917 (33 U.S.C. 1) and

Section XIX of the Army Appropriations Act of 1919 (33 U.S.C. 3).

Economic Assessment and Certification

This proposed rule is issued with respect to a military function of

the Defense Department and accordingly, the provisions of Executive

Order 12866 do not apply. These rules have been reviewed under the

Regulatory Flexibility Act (Public Law 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 businesses (i.e., small businesses and small governmental

jurisdictions). These regulations, if approved, could have a minimal

impact on individuals fishing in the area. However, in view of the

abundance of high quality fishing areas available outside of these

congested areas, the impact will be negligible. In addition, by these

amendments a portion of one area previously closed to the public will

be reopened. This proposal will not result in any increase in costs to

sports fishermen or commercial fisheries in the area. Accordingly, the

preparation of a regulatory flexibility analysis is not warranted.

List of Subjects in 33 CFR Part 334

Navigation (water), Transportation, Danger zones.

In consideration of the above, the Corps proposes to amend Part 334

of Title 33 to read 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 334.610 is amended by revising paragraphs (a)(3), (a)(6)

and (b)(1) through (b)(4) and (c) to read as follows:

Sec. 334.610 Key West Harbor, at U. Naval Base, Key West, Fla.; naval

restricted area.

(a) The areas. * * *

(3) All waters within 100 yards of the Coast Guard Station and the

westerly end of Trumbo Point Annex beginning at the shore at Latitude

24 deg.33'47.6'' N., Longitude 81 deg.47'55.6'' W.; thence westerly to

Latitude 24 deg.33'48'' N., Longitude 81 deg.48'00.9'' W.; thence due

south to Latitude 24 deg.33'45.8'' N., Longitude 81 deg.48'00.9'' W.;

thence westerly to Latitude 24 deg.33'47'' N., Longitude 81 deg.48'12''

W.; thence northerly to Latitude 24 deg.34'06.2'' N., Longitude

81 deg.48'10'' W.; thence easterly to a point joining the restricted

area around Fleming Key at Latitude 24 deg.34'03.3'' N., Longitude

81 deg.47'55'' W. (Area #3).

* * * * *

(6) Danger zone. All waters within an area along the northeast side

of the Naval Air Station on Boca Chica Key defined by a line beginning

at Latitude 24 deg.35'27.2'' N., Longitude 81 deg.41'48.6'' W.; thence

proceed in a northerly direction to a point at Latitude 24 deg.35'48''

N., Longitude 81 deg.41'49'' W.; thence proceed westerly to a point on

the shore at Latitude 24 deg.35'49.1'' N., Longitude 81 deg.42'03'' W.

(Area #6).

(b) The Regulations: (1) Entering or crossing Restricted Areas #1

and #4 and the Danger Zone (Area #6) described in Paragraph (a) of this

section is prohibited.

(2) Privately owned vessels, properly registered and bearing

identification in accordance with Federal and/or State laws and

regulations may transit the following portions of restricted areas #2,

#3 and #5: NOTE: All vessels entering the areas at night must display

lights as required by Federal laws and Coast Guard regulations or, if

no constant lights are required, then the vessel must display a bright

white light showing all around the horizon,

(i) The channel, approximately 75 yards in width, extending from

the northwest corner of Pier D-3 of Trumbo Point Annex, eastward

beneath the Fleming Key bridge and along the north shore of Trumbo

Point Annex (area #3).

(ii) A channel 150-feet in-width which extends easterly from the

main ship channel into Key West Bight, the northerly edge of which

channel passes 25-feet south of the Trumbo Point Annex piers on the

north side of the Bight. While the legitimate access of privately owned

vessels to facilities of Key West Bight is unimpeded, it is prohibited

to moor, anchor, or fish within 50 feet of any U.S. Government-owned

pier or craft (area #3).

(iii) The dredged portion of Boca Chica channel from its seaward

end to a point due south of the east end of the Boca Chica Bridge (area

#5).

(iv) All of the portion of Restricted Area No. 2 that lies between

the Truman Annex Mole and the Key West Harbor Range Channel. The

transit zone extends to the northeasterly corner of the Truman Annex

Mole, thence to the northwesterly end of the breakwater at Latitude

24 deg.33'21.3'' N., Longitude 81 deg.48'32.7'' W.

(3) Stopping or landing by other than government-owned vessels and

specifically authorized private craft in any of the restricted areas

described in paragraph (a) of this section is prohibited.

(4) Vessels using the restricted channel areas described in

paragraph (b)(2)(i), (ii), (iii), and (iv) of this section shall

proceed at speeds commensurate with minimum wake.

(c) The regulations in this section shall be enforced by the

Commanding Officer, Naval Air Station, Key West, Florida, and such

agencies as he/she may designate.

Date: June 14, 1944.

Approved:

James D. Craig,

Colonel, Corps of Engineers, Executive Director of Civil Works.

[FR Doc. 94-15447 Filed 6-30-94; 8:45 am]

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