Restricted Areas and Danger Zone, Key West Harbor, Key West Naval Air Station, FL

DEPARTMENT OF DEFENSE

Corps of Engineers

33 CFR Part 334

Restricted Areas and Danger Zone, Key West Harbor, Key West Naval

Air Station, FL

agency: U.S. Army Corps of Engineers, DOD.

action: Final rule.

-----------------------------------------------------------------------

summary: The U.S. Corps is amending the regulations to modify an

existing restricted area offshore of Boca Chica Key and 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.

effective date: October 24, 1994.

addresses: HQUSACE, Attn: CECW-OR, Washington, DC 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 which establish several restricted areas

in the waters offshore of the Key West Naval Air Station. On July 1,

1994, the Corps published the proposed changes to the restricted area

regulations in the Federal Register (59 FR 33939), with the comment

period ending on August 1, 1994. No comments were received. However,

the heading and the regulation in paragraph (b)(2) did not reflect the

redesignation of a restricted area to danger zone. We are adding the

words ``and danger zone'' to the heading and to paragraph (b)(2).

Accordingly, the regulations in 33 CFR 334.610 are amended as proposed

pursuant to the Corps 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 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 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. These amendments will

not result in any increase in costs to sports fisherman 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 the heading and

paragraphs (a)(3), (a)(6), (b), and (c) to read as follows:

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

naval restricted areas and danger zone.

(a) The areas. * * *

(3) All waters within 100 yards of the U.S. 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 of 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 or

danger zone 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.

Dated: September 6, 1994.

Stanley G. Genega,

Major General, U.S. Army, Director of Civil Works.

[FR Doc. 94-22834 Filed 9-22-94; 8:45 am]

BILLING CODE 3710-92-M