Albermarle Sound, Pamlico Sound, and Adjacent Waters, North Carolina; Danger Zones/Restricted Areas for Naval Aircraft Operations

DEPARTMENT OF DEFENSE

Department of the Army

Corps of Engineers

33 CFR Part 334

Albermarle Sound, Pamlico Sound, and Adjacent Waters, North

Carolina; Danger Zones/Restricted Areas for Naval Aircraft Operations

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

ACTION: Final rule.

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

SUMMARY: The Corps of Engineers is re-establishing a danger zone as a

restricted area in the waters off of Harvey Point, Perquimans County,

North Carolina. The area designated as the Harvey Point danger zone was

disestablished by the Corps in 1988. Due to subsequent surveys of the

area by the Navy, it has been determined that unexploded ordnance could

exist and in the interest of safety to the public, the area should be

closed to certain activities. The re-establishment of the danger zone

as a restricted area will allow the public to enter the area but will

prohibit any bottom disturbing activities such as dredging, clamming,

crabbing, seining or anchoring. Due to the risk of damage to property

or injury to the public, good cause exists to make this restricted area

regulation effective upon publication in the Federal Register.

EFFECTIVE DATE: February 27, 1996.

ADDRESSES: HQUSACE, CECW-OR, Washington, DC 20314-1000.

FOR FURTHER INFORMATION CONTACT:

Ms. Angie Yelverton of the Corps Wilmington District at (910) 251-4480,

or Mr. Ralph Eppard, Regulatory Branch, CECW-OR at (202) 761-1783.

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 promulgating a regulation under 33 CFR 334.412

re-establishing an area that was previously a danger zone, as a

restricted area in the waters off of Harvey Point, Albemarle Sound,

North Carolina.

Background

In accordance with a request by the Navy, the Corps deleted the

regulations in 33 CFR 334.410(b)(1) which established a target and

bombing danger zone on the north shore of Albemarle Sound, on November

29, 1988 (53 FR 47952-47953). The area was no longer being used by the

Navy. This amendment was made prior to promulgation of procedural

regulations now found in 33 CFR 334.5 Disestablishment of a danger

zone, by the Corps. Pursuant to these regulations, the Agency

requesting revocation of a danger zone area shall certify that the area

is suitable for use by the public. Harvey Point was previously used as

a target and bombing site by the Navy, so the possibility of live

ordnance in the mud below the water exists. In the interest of public

safety, the Navy requested that the area be established as a restricted

area until such time as a thorough survey of the area can be completed

and any dangerous ordnance, if any, is removed. The restricted area as

established today will allow the public to use the area for

recreational and commercial uses, including fishing, swimming, water

skiing, boating and other activities provided the activity does not

disturb the bottom. Those activities which are specifically prohibited

include dredging, clamming, crabbing, seining and anchoring. Upon

completion of additional surveys by the Navy and, if appropriate, any

subsequent cleanup, the area will be returned to unrestricted public

use. An editorial change is also being made to the regulations in 33

CFR 334.410 which reflects a change in the Naval Command responsible

for enforcing these danger zones and the added restricted area.

Agency Decision To Adopt the Amendments Without Opportunity for

Public Comment and Participation in Rulemaking

The Corps has determined that implementation of final rulemaking

for the Harvey Point restricted area will protect the public from

possible hazards resulting from previous uses of the area. Nothing will

be served by delaying the effective date of the rule. We have found it

to be in the National interest to restrict the public use of the prior

[[Page 7215]]

Harvey Point danger zone and will remove the restricted area upon

notification by the Navy that its surveys and any required cleanup have

been completed.

Economic Assessment and Certification

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

the Defense Department and the provisions of Executive Order 12866 do

not apply. These final rules have been reviewed under the Regulatory

Flexibility Act (Pub. L. 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 entities

(i.e., small businesses and small governments). The Corps has

determined that the economic impact of the changes to the restricted

area will have practically no impact on the public, no anticipated

navigational hazard or interference with existing waterway traffic and

accordingly, no significant economic impact on small entities.

List of Subjects in 33 CFR Part 334

Danger zones, Marine safety, Navigation (water), Transportation,

Waterways.

For the reasons set out in the preamble, 33 CFR Part 334 is amended

as set forth below.

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 334.410 is amended by revising paragraph (d)(4) as

follows:

Sec. 334.410 Albemarle Sound, Pamlico Sound, and adjacent waters, NC;

danger zones for naval aircraft operations.

* * * * *

(d) The regulations. * * *

(4) Enforcing agency. The regulations in this section shall be

enforced by the Commander, Naval Air Force, U.S. Atlantic Fleet, and

such agencies as he/she shall designate.

3. Section 334.412 is added to read as follows:

Sec. 334.412 Albemarle Sound, Pamlico Sound, Harvey Point and adjacent

waters, NC; restricted area.

(a) The area. Beginning on the north shore of Albemarle Sound and

the easternmost tip of Harvey Point; thence southeasterly to Day Beacon

number 3; thence southeasterly to latitude 36 deg.03'06'', longitude

76 deg.16'43''; thence southwesterly to latitude 36 deg.02'18'',

longitude 76 deg.19'30''; thence southwesterly to latitude

36 deg.04'18'', longitude 76 deg.20'20''; thence 23 deg.15' True to the

shore; and thence northeasterly along the shore to the point of

beginning.

(b) The regulations. The restricted area described in this section

is the inactive Harvey Point target range which was disestablished as a

danger zone. The area will be open to public access for recreational

and commercial uses, except that dredging, clamming, crabbing, seining,

and anchoring of all vessels and any other activity which could result

in disturbing or penetrating the bottom is prohibited.

(c) Enforcing agency. The regulations in this section shall be

enforced by the Commander, Naval Air Force, U.S. Atlantic Fleet, and

such agencies as he/she shall designate.

Dated: February 14, 1996.

Stanley G. Genega,

Major General, USA, Director of Civil Works.

[FR Doc. 96-4347 Filed 2-26-96; 8:45 am]

BILLING CODE 3710-92-M