Proposed Rule2022-26368
Potomac River at the Naval Surface Warfare Center, Dahlgren Division, Dahlgren, Virginia; Danger Zone
Primary source
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Published
December 5, 2022
Issuing agencies
Defense DepartmentEngineers Corps
Abstract
The Corps of Engineers is proposing to amend its regulations for an existing danger zone in the waters of the Potomac River near Dahlgren, Virginia. The Naval Surface Warfare Center, Dahlgren Division (NSWCDD) operates research, development, testing, and evaluation ranges on the Potomac River using the danger zones as defined in the existing regulation. The NSWCDD range operations center controls Navy operations on the Potomac River Test Range. The purpose of this amendment is to expand the middle danger zone for ongoing infrared sensor testing for detection of airborne chemical or biological agent simulants, directed energy testing, and for operating manned or unmanned watercraft. This amendment will extend the legal authority to engage civilian watercraft for safe transit instructions in the Potomac River within the expanded middle danger zone.
Full Text
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<title>Federal Register, Volume 87 Issue 232 (Monday, December 5, 2022)</title>
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[Federal Register Volume 87, Number 232 (Monday, December 5, 2022)]
[Proposed Rules]
[Pages 74346-74347]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-26368]
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DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers
33 CFR Part 334
[COE-2022-0007]
Potomac River at the Naval Surface Warfare Center, Dahlgren
Division, Dahlgren, Virginia; Danger Zone
AGENCY: U.S. Army Corps of Engineers, DoD.
ACTION: Notice of proposed rulemaking and request for comments.
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SUMMARY: The Corps of Engineers is proposing to amend its regulations
for an existing danger zone in the waters of the Potomac River near
Dahlgren, Virginia. The Naval Surface Warfare Center, Dahlgren Division
(NSWCDD) operates research, development, testing, and evaluation ranges
on the Potomac River using the danger zones as defined in the existing
regulation. The NSWCDD range operations center controls Navy operations
on the Potomac River Test Range. The purpose of this amendment is to
expand the middle danger zone for ongoing infrared sensor testing for
detection of airborne chemical or biological agent simulants, directed
energy testing, and for operating manned or unmanned watercraft. This
amendment will extend the legal authority to engage civilian watercraft
for safe transit instructions in the Potomac River within the expanded
middle danger zone.
DATES: Written comments must be submitted on or before January 4, 2023.
ADDRESSES: You may submit comments, identified by docket number COE-
2022-0007, by any of the following methods:
Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a> . Follow
the instructions for submitting comments.
Email: <a href="/cdn-cgi/l/email-protection#91f5f0e7f8f5bff3bffefde2feffd1e4e2f0f2f4bff0e3fce8bffcf8fd"><span class="__cf_email__" data-cfemail="7a1e1b0c131e54185415160915143a0f091b191f541b08170354171316">[email protected]</span></a>. Include the docket number,
COE-2022-0007 in the subject line of the message.
Mail: U.S. Army Corps of Engineers, Attn: CECW-CO-R (David B.
Olson), 441 G Street NW, Washington, DC 20314-1000.
Hand Delivery/Courier: Due to security requirements, we cannot
receive comments by hand delivery or courier.
Instructions: Direct your comments to docket number COE-2022-0007.
All comments received will be included in the public docket without
change and may be made available online at <a href="https://www.regulations.gov">https://www.regulations.gov</a>,
including any personal information provided, unless the commenter
indicates that the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI, or otherwise protected, through <a href="http://regulations.gov">regulations.gov</a> or
email. The <a href="http://regulations.gov">regulations.gov</a> website is an anonymous access system, which
means we will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email directly
to the Corps without going through <a href="http://regulations.gov">regulations.gov</a>, your email address
will be automatically captured and included as part of the comment that
is placed in the public docket and made available on the internet. If
you submit an electronic comment, we recommend that you include your
name and other contact information in the body of your comment and also
include your contact information with any compact disk you submit. If
we cannot read your comment because of technical difficulties and
cannot contact you for clarification, we may not be able to consider
your comment. Electronic comments should avoid the use of any special
characters, any form of encryption, and be free of any defects or
viruses.
Docket: For access to the docket to read background documents or
comments received, go to <a href="http://www.regulations.gov">www.regulations.gov</a>. All documents in the
docket are listed. Although listed in the index, some information is
not publicly available, such as CBI or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form.
FOR FURTHER INFORMATION CONTACT: Mr. David Olson, Headquarters,
Operations and Regulatory Division, Washington, DC at 202-761-4922.
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 of Engineers is proposing to amend its regulations
at 33 CFR part 334 to modify an existing danger zone in the Potomac
River for the Naval Surface Warfare Center, Dahlgren Division (NSWCDD)
near Dahlgren, Virginia. In a memorandum dated April 27, 2022, the
NSWCDD requested that the Corps modify section 334.230(a)(1)(ii) to
expand the existing middle danger zone to ensure safe Navy operations
on the Potomac River Test Range and to extend
[[Page 74347]]
the NSWCDD's legal authority to engage civilian watercraft for safe
transit instructions in the Potomac River within the expanded middle
danger zone. All vessels may transit the expanded middle danger zone
area at the conclusion of hazardous operations without the permission
of the Commander, NSWCDD and such agencies as they may designate.
Procedural Requirements
a. Regulatory Planning and Review. This proposed rule is not a
``significant regulatory action'' under Executive Order 12866 (58 FR
51735, October 4, 1993) and Executive Order 13563 (76 FR 3821, January
21, 2011) and it was not submitted to the Office of Management and
Budget for review.
b. Regulatory Flexibility Act, as Amended by the Small Business
Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 601 et seq. This
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).
This proposed rule has been reviewed under the Regulatory
Flexibility Act. The Regulatory Flexibility Act generally requires an
agency to prepare a regulatory flexibility analysis for 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 expansion of the middle danger zone is
necessary to protect public safety and satisfy the Navy's requirements
for weapons training. Small entities can utilize navigable waters
outside of the danger zone when the danger zone is activated. Small
entities can use the navigable waters within the danger zone when it is
inactive. Unless information is obtained to the contrary during the
comment period, the Corps certifies that the proposed rule would have
no significant economic impact on the public.
c. Review under the National Environmental Policy Act. Due to the
administrative nature of this action and because there is no
significant intended change in the use of the area, the Corps expects
that this regulation, if adopted, will not have a significant impact to
the quality of the human environment and, therefore, preparation of an
environmental impact statement will not be required. An environmental
assessment will be prepared after the public notice period is closed
and all comments have been received and considered.
d. Unfunded Mandates Act. This proposed 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. We have also found under Section 203 of the Act, that
small governments will not be significantly and uniquely affected by
this rulemaking.
e. Congressional Review Act. The Congressional Review Act, 5 U.S.C.
801 et seq., generally provides that before a rule may take effect, the
agency promulgating the rule must submit a rule report, which includes
a copy of the rule, to each House of the Congress and to the
Comptroller General of the United States. The Corps will submit a
report containing the final rule and other required information to the
U.S. Senate, the U.S. House of Representatives, and the Comptroller
General of the United States. A major rule cannot take effect until 60
days after it is published in the Federal Register. This proposed rule
is not a ``major rule'' as defined by 5 U.S.C. 804(2).
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 proposes to
amend 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. Revise Sec. 334.230(a)(1)(ii) to read as follows:
Sec. 334.230 Potomac River.
(a) * * *
(1) * * *
(i) * * *
(ii) Middle zone. Beginning approximately 140 yards south of the
Governor Harry W. Nice Memorial/Senator Thomas ``Mac'' Middleton
Bridge, extending from the Virginia shore at latitude 38[deg]21'30.4'',
longitude 77[deg]0'53.2'' along a line parallel to the Bridge to
latitude 38[deg]21'45.6'', longitude 76[deg]59'0'' a point near the
Maryland shore; thence to latitude 38[deg]20'5'', longitude
76[deg]59'0''; thence to latitude 38[deg]19'06'', longitude
76[deg]57'06'' which point is about 3,300 yards east-southeast of Light
30; thence to Line of Fire Buoy O, about 1,150 yards southwest of Swan
Point; thence to Line of Fire Buoy M, about 1,700 yards south of
Potomac View; thence to Line of Fire Buoy K, about 1,400 yards
southwesterly of the lower end of Cobb Island; thence to Buoy 14,
abreast of St. Clements Island, thence southwest to a point near the
northeast shore of Hollis Marsh at latitude 38[deg]10'00'', longitude
76[deg]45'22.4''; thence northwest to Line of Fire Buoy J, about 3,000
yards off Popes Creek, Virginia; thence to Line of Fire Buoy L, about
3,600 yards off Church Point; thence to Line of Fire Buoy N, about 900
yards off Colonial Beach; thence to Line of Fire Buoy P, about 1,000
yards off Bluff Point; thence northwest to latitude 38[deg]17'54'',
longitude 77[deg]01'02'', a point of the Virginia shore on property of
the Naval Support Facility Dahlgren, a distance of about 4,080 yards;
thence north along the Potomac shore of Naval Surface Warfare Center,
Dahlgren to Baber Point; thence west along the Upper Machodoc Creek
shore of Naval Surface Warfare Center, Dahlgren to Howland Point at
latitude 38[deg]19'0.5'', longitude 77[deg]03'23''; and thence
northeast to latitude 38[deg]19'18'', longitude 77[deg]02'29'', a point
on the Naval Surface Warfare Center, Dahlgren shore about 350 yards
southeast of the base of the Navy recreational pier. Hazardous
operations are normally conducted in this zone daily except Saturdays,
Sundays, and national holidays. The datum for the coordinates for this
zone is North American Datum of 1983 (NAD-1983).
* * * * *
Thomas P. Smith,
Chief, Operations and Regulatory Division.
[FR Doc. 2022-26368 Filed 12-2-22; 8:45 am]
BILLING CODE 3720-58-P
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