Rule2022-16377
Elizabeth River, Naval Station Norfolk Deperming Station, Norfolk, VA; Restricted Area
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 1, 2022
Effective
August 31, 2022
Issuing agencies
Defense DepartmentEngineers Corps
Abstract
The Corps of Engineers is establishing a restricted area in the waters of the Elizabeth River surrounding the Naval Station Norfolk (NSN) Lambert's Point Deperming Station in Norfolk, Virginia. Naval Station Norfolk is the home port of numerous ships and its facilities provide operational readiness support to the U.S. Atlantic Fleet. The deperming station is located within the waters of the Elizabeth River and it provides magnetic silencing services for military vessels. This deperming station is the only location capable of servicing an aircraft carrier and the only deperming facility on the east coast of the United States. The restricted area is necessary to protect underwater equipment, personnel, and vessels utilizing the facility by implementing a waterside security program. The regulation establishes the restricted area in waters surrounding the existing facility immediately adjacent to the channel into Norfolk Harbor.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 146 (Monday, August 1, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 146 (Monday, August 1, 2022)]
[Rules and Regulations]
[Pages 46888-46890]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-16377]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers
33 CFR Part 334
[COE-2021-0005]
Elizabeth River, Naval Station Norfolk Deperming Station,
Norfolk, VA; Restricted Area
AGENCY: U.S. Army Corps of Engineers, DoD.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Corps of Engineers is establishing a restricted area in
the waters of the Elizabeth River surrounding the Naval Station Norfolk
(NSN) Lambert's Point Deperming Station in Norfolk, Virginia. Naval
Station Norfolk is the home port of numerous ships and its facilities
provide operational readiness support to the U.S. Atlantic Fleet. The
deperming station is located within the waters of the Elizabeth River
and it provides magnetic silencing services for military vessels. This
deperming station is the only location capable of servicing an aircraft
carrier and the only deperming facility on the east coast of the United
States. The restricted area is necessary to protect underwater
equipment, personnel, and vessels utilizing the facility by
implementing a waterside security program. The regulation establishes
the restricted area in waters surrounding the existing facility
immediately adjacent to the channel into Norfolk Harbor.
[[Page 46889]]
DATES: Effective August 31, 2022.
ADDRESSES: U.S. Army Corps of Engineers, Attn: CECW-CO (David Olson),
441 G Street NW, Washington, DC 20314-1000.
FOR FURTHER INFORMATION CONTACT: Mr. David Olson, Headquarters,
Operations and Regulatory Community of Practice, Washington, DC at 202-
761-4922 or via email at <a href="/cdn-cgi/l/email-protection#1175706778753f733f7e7d627e7f5164627072743f70637c683f7c787d"><span class="__cf_email__" data-cfemail="593d382f303d773b7736352a3637192c2a383a3c77382b342077343035">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The proposed rule was published in the
October 8, 2021, edition of the Federal Register (86 FR 56236) and the
<a href="http://regulations.gov">regulations.gov</a> docket number was COE-2021-0005. In response to the
proposed rule, five comments were received.
One commenter said that no natural heritage resources, potential
habitat for natural heritage resources, or state natural area preserves
under the Virginia Department of Conservation and Recreation's
jurisdiction were identified in the vicinity of the proposed restricted
area. They also stated that the current activity will not affect any
documented state-listed plants or insects. Another commenter stated
that the proposed rule does not include any activities that will
disturb Chesapeake Bay Preservation Areas. Therefore, no Chesapeake Bay
Preservation Act requirements are relevant to the establishment of the
restricted area. One commenter said that no public groundwater wells
are located within one mile of the proposed restricted area and no
surface water intakes are located within five miles of the proposed
restricted area. This commenter also stated that the proposed
restricted area is also not within the watershed of any public surface
water intakes and there are no apparent impacts to public drinking
water sources due to the establishment of this restricted area. Another
commenter said that the proposed restricted area is outside of their
agency's jurisdictional areas and they will not require a permit for
the establishment of the restricted area.
One commenter expressed support for amending the federal
regulations to include a restricted area around Lambert's Point
Deperming Station. They said that the work performed at the deperming
station is critical to the safety of the U.S. Naval Fleet, and the
proposed restricted area is essential for its protection. This
commenter referenced several federal regulations to support the Corps'
authority and process to establish restricted areas to protect
government assets, and stated that no further evaluation was warranted.
In response to a request by the United States Navy, and 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 amending its
regulations at 33 CFR part 334 to add a permanent restricted area in
the waters of the Elizabeth River surrounding the Naval Station Norfolk
Lambert's Point Deperming Station in Norfolk, Virginia.
Procedural Requirements
a. Regulatory Planning and Review. This final rule is not a
``significant regulatory action'' under Executive Order 12866 (58 FR
51735, October 4, 1993) and it was not submitted to the Office of
Management and Budget for review.
b. Review Under the Regulatory Flexibility Act. This final rule has
been reviewed under the Regulatory Flexibility Act (Pub. L. 96-354).
The Regulatory Flexibility Act generally requires an agency to prepare
a regulatory flexibility analysis of any rule subject to notice-and-
comment rulemaking requirements under the Administrative Procedure Act
or any other statute unless the agency certifies that the rule will not
have a significant economic impact on a substantial number of small
entities (i.e., small businesses and small governments).
The Corps certifies under 5 U.S.C. 605(b) that this final rule
would not have a significant economic impact on a substantial number of
small entities. The restricted area is necessary for security of the
deperming station. The restricted area is also necessary to protect
underwater equipment, personnel, and vessels utilizing the facility by
implementing a waterside security program. Small entities can utilize
navigable waters outside of the restricted area. Only vessels
authorized by the Commanding Officer, U.S. Naval Station, Norfolk,
Virginia and/or other persons or agencies that he/she may designate may
enter the restricted area, and some of these vessels may be operated by
small entities.
This determination is based on the rules governing the restricted
area, including the ability for vessel operators to obtain permission
from the Commanding Officer, U.S. Naval Station, Norfolk, Virginia,
and/or other persons or agencies as he/she may designate, to transit
the restricted area. The Corps expects that the economic impact of the
restricted area 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
regulation on small entities, I certify that this final rule would 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 has determined that the
establishment of this restricted area regulation will not have a
significant impact to the quality of the human environment and,
therefore, the preparation of an environmental impact statement is not
required. An environmental assessment has been prepared for this final
rule. It may be reviewed at the Norfolk District office at 803 Front
Street, Norfolk, Virginia 23510.
d. Unfunded Mandates Act. This final 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. The Corps has also found under Section 203 of the Act
that small governments will not be significantly and uniquely affected
by this rule.
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 amends 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. Add Sec. 334.296 to read as follows:
Sec. 334.296 Elizabeth River, Deperming Station, Norfolk, VA,
Restricted Area.
(a) The area. The waters within an area beginning at a point
latitude 36[deg]51'52'' N, longitude 76[deg]20'04'' W; thence easterly
to a point at latitude 36[deg]51'52'' N, longitude 76[deg]19'49'' W,
thence northerly to latitude 36[deg]52'06'' N, longitude 76[deg]19'48''
W; thence northwesterly to latitude 36[deg]52'12'' N, longitude
76[deg]19'57'' W; thence northwesterly to a point at latitude
36[deg]52'15'' N, longitude 76[deg]19'59'' W; thence westerly to
latitude 36[deg]52'15'' N, longitude 76[deg]20'04'' W, thence to the
point of origin. The datum for these coordinates is WGS-84.
[[Page 46890]]
(b) The regulations. (1) No vessels other than vessels of the U.S.
armed forces and other authorized vessels shall enter the restricted
area. Other authorized vessels include vessels and personnel, including
contractors and agents, acting on behalf of any federal or state agency
or department performing specific work authorized as part of that
agency's or department's statutory missions or to enforce their
respective laws. Authorized vessels may enter anywhere in the
restricted area at any time in the furtherance of their authorized
operations. This includes, but is not limited to, vessels that are
engaged in the following operations: law enforcement, servicing aids to
navigation, and/or surveying, maintenance, or improvement of the
federal navigational channel.
(2) There shall be no introduction of external magnetic field
sources within the area.
(3) No person or vessel shall at any time, under any circumstances,
anchor or fish or tow a drag of any kind in the restricted area due to
the risk of damage to mission essential underwater equipment including
an extensive cable system located therein.
(4) Orders and instructions issued by U.S. Navy patrol craft or
other authorized representatives of the enforcing agency shall be
carried out promptly by persons or vessels in or in the vicinity of the
restricted area.
(c) Enforcement. The regulations in this section shall be enforced
by the Commanding Officer, U.S. Naval Station, Norfolk, Virginia and
such agencies as he/she may designate.
Thomas P. Smith,
Chief, P.E., Operations and Regulatory Division, Directorate of Civil
Works.
[FR Doc. 2022-16377 Filed 7-29-22; 8:45 am]
BILLING CODE 3720-58-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on August 1, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.