The District Engineer has modified the existing restricted area in waters surrounding Naval Weapons Station Yorktown-Cheatham Annex:
APPLICANT
Commanding Officer
Naval Weapons Station Yorktown/Cheatham Annex
160 Main Street
Yorktown, Virginia 23691
WATERWAY AND LOCATION OF THE DANGER ZONE
A danger zone has been approved that includes portions of the York River off Cheatham Annex in York County, Virginia.
ACTION
Establishment of a danger zone published at 33 CFR §334.285, “York River and the Naval Weapons Station Yorktown-Cheatham Annex, Yorktown, Virginia; danger zone”.
This regulation, promulgated by the Corps of Engineers, Norfolk District is necessary to protect the public from hazards associated with small arms fire operations. A small arms training range adjacent to the York River on Cheatham Annex has been in use for decades. The range has a berm to prevent rounds from leaving the range and endangering persons on the York River. The Navy has displayed red flags during the day to indicate the range is active and red lights at night. The Navy has indicated that they will install a taller flagpole with a larger red flag for increased visibility in daylight and larger lights for better visibility at night.
The area now designated a danger zone has been monitored by cameras and/or persons during range operations in the past to prevent potential hazards to persons on the York River in the vicinity of the range. When persons or vessels are in the vicinity of the shooting range, all shooting ceases until the area is clear. These same procedures will continue during range operations into the future.
The Navy has a perfect safety record with regards to the public regarding this range. We have determined that the danger zone regulation will provide added public safety while having minimal impacts to public usage of the York River.
AUTHORITY
Pursuant to 40 Statute 266 (33 U.S.C. § 1), 40 Statute 892 (33 U.S.C. § 3) and 33 CFR §334, The District Engineer has authorized a danger zone in the York River in York County, Virginia as follows:
THE REGULATION
334.285 York River and the Naval Weapons Station Yorktown-Cheatham Annex, Yorktown, Virginia; danger zone.
(a) The area
The waters within an area beginning at mean high water on the shore at the facility located at latitude 37°17'33.10"N, longitude 76°36' 19.06"W; then northeast to a point in the York River at latitude 37°18'36.65"N, longitude 76°34'39.01"W; thence south, southeast to latitude 37°17'59.37"N, longitude 76°34' 13.65"W; then southwest to a point on the shore located at latitude 37°17'26.75"N, longitude 76°36'14.89"W.
(b) The regulations
- Vessels and persons may transit this area at any time. No vessel or persons shall anchor, fish or conduct any waterborne activities within the danger zone established in accordance with this regulation any time live firing exercises are being conducted.
- Anytime live firing is being conducted, the person or persons in charge shall display a red flag from a conspicuous location along the shore to signify the range is active and post lookouts to ensure the safety of all vessels passing through the area. At night, red lights will be displayed in lieu of flags.
- No firing activities shall be conducted when the visibility is less than the maximum range of the weapons being used at the facility or while a vessel is within the danger zone.
- Recreational and commercial activities may be conducted in this area anytime the range is inactive.
(c) Enforcement
The regulations in this section shall be enforced by the Commander, Naval Weapons Station, Yorktown, or such agencies as he or she may designate.
EFFECTIVE DATE
June 19, 2014
DURATION
This order shall remain in effect until changes or formal regulations are developed.
CONTACT INFORMATION
For the latest information regarding the restricted area modification contact Robert Berg, Corps of Engineers Regulatory Branch at (757-201-7793 or check the website at http://www.nao.usace.army.mil/Regulatory_Branch/Public_Notices.asp.
FOR THE DISTRICT ENGINEER:
William T. Walker
Chief, Regulatory Branch