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3 August 2007
[Federal Register: July 31, 2007 (Volume 72, Number 146)]
[Proposed Rules]
[Page 41655-41657]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31jy07-20]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Department of the Army; Corps of Engineers
33 CFR Part 334
Naval Restricted Area, Manchester Fuel Depot, WA; and Naval
Restricted Areas, Sinclair Inlet, WA
AGENCY: U.S. Army Corps of Engineers, DoD.
ACTION: Notice of proposed rulemaking and request for comments.
-----------------------------------------------------------------------
SUMMARY: The U.S. Army Corps of Engineers (Corps) is proposing to amend
its regulations to establish a restricted area in the waters of Puget
Sound adjacent to the Manchester Fuel Depot near Manchester, Kitsap
County, Washington. The Corps is also proposing to amend the existing
regulations that established the restricted areas in the waters of
Sinclair Inlet, Puget Sound adjacent to Naval Base Kitsap Bremerton,
Kitsap County, Washington. The proposed amendments will enable the
affected units of the United States military to enhance safety and
security around active military establishments. The regulations are
necessary to safeguard military vessels and United States government
facilities from sabotage and other subversive acts, accidents, or
incidents of similar nature. The regulations are also necessary to
protect the public from potentially hazardous conditions that may exist
as a result of military use of the area.
DATES: Written comments must be submitted on or before August 30, 2007.
ADDRESSES: You may submit comments, identified by docket number COE-
2007-0019, by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov. Follow the
instructions for submitting comments.
E-mail: david.b.olson@usace.army.mil. Include the docket number
COE-2007-0019 in the subject line of the message.
Mail: U.S. Army Corps of Engineers, Attn: CECW-CO (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-2007-0019.
All comments received will be included in the public docket without
change and may be made available on-line at http://www.regulations.gov,
including any personal information provided,
[[Page 41656]]
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 regulations.gov or e-mail. The regulations.gov Web site 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 e-mail directly to the Corps without going through
regulations.gov, your e-mail 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 with any disk or CD-ROM 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 http://www.regulations.gov. 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.
Consideration will be given to all comments received within 30 days
of the date of publication of this notice.
FOR FURTHER INFORMATION CONTACT: Mr. David Olson, Headquarters,
Operations and Regulatory Community of Practice, at 202-761-4922; Ms.
Michelle Walker, Regulatory Branch Chief, U.S. Army Corps of Engineers,
Seattle District, Northwest Division, at 206-764-6915; or Ms. Koko
Ekendiz of the Regulatory Branch, U.S. Army Corps of Engineers, Seattle
District, at 206-764-6878.
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 proposing to add a new regulation at 33 CFR
334.1244 to establish a restricted area that would surround the
Manchester Fuel Depot pier during times of active fueling. The
restricted area would establish a no-entry zone around the fueling pier
during active fueling. The U.S. Navy would alert the public by
utilizing flashing lights on the pier.
Under the same authorities noted above, the Corps is also proposing
to amend the restricted area regulations in 33 CFR part 334 by
modifying the areas at Sec. 334.1240. The proposed modifications to
the existing restricted areas are described below. This request has
been made to clarify that Washington State Ferries on established
routes are exempt from the restrictions for Area 1, disestablish a
portion of Area 2 by the Washington State Ferry terminal, and enlarge a
portion of Area 2 near Mooring E.
In addition to the publication of these proposed rules, the Seattle
District Engineer is concurrently soliciting public comment on the
proposed rules by distribution of a public notice to all known
interested parties.
Procedural Requirements
a. Review Under Executive Order 12866. These proposed rules were
issued with respect to a military function of the United States and the
provisions of Executive Order 12866 do not apply.
b. Review Under the Regulatory Flexibility Act. These proposed
rules have been reviewed under the Regulatory Flexibility Act (Pub. L.
96-354, 5 U.S.C. 601) 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 expects that the addition
of, and proposed modification to, the existing restricted areas would
have practically no economic impact on the public, and would create no
anticipated navigational hazard or interference with existing waterway
traffic. Accordingly, it is certified that this proposal if adopted,
will not have a significant economic impact on a substantial number of
small entities.
c. Review Under the National Environmental Policy Act. The Corps
has concluded, based on the minor nature of the proposed rules, that
the establishment of a new restricted area at Manchester and amendments
to the restricted areas in Sinclair Inlet, if adopted, would not be a
major federal action having a significant impact on the quality of the
human environment, and preparation of an environmental impact statement
is not required. An environmental assessment will be prepared after the
public notice period is closed and all comments have been received and
considered. After it is prepared, it may be reviewed at the District
office listed at the end of the FOR FURTHER INFORMATION CONTACT, above.
d. Unfunded Mandates Act. These proposed rules do not impose an
enforceable duty among the private sector and, therefore, are not a
Federal private sector mandate and are not subject to the requirements
of Section 202 or 205 of the Unfunded Mandates Reform Act (Pub. L. 104-
4). We have also found under Section 203 of the Act that small
governments will not be significantly or uniquely affected by this
rulemaking.
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
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).
2. Amend Sec. 334.1240 by revising paragraphs (a) and (b) to read
as follows:
Sec. 334.1240 Sinclair Inlet; naval restricted areas.
(a) Sinclair Inlet: naval restricted areas--(1) Area No. 1. All the
waters of Sinclair Inlet westerly of a line drawn from the Bremerton
Ferry Landing at latitude 47[deg]33'48'' North, longitude
122[deg]37'23'' West on the north shore of Sinclair Inlet; and latitude
47[deg]32'52'' North, longitude 122[deg]36'58'' West, on the south
shore of Sinclair Inlet.
(2) Area No. 2. That area of Sinclair Inlet to the north and west
of an area bounded by a line commencing at latitude 47[deg]33'40''
North, longitude 122[deg]37'32'' West (Point A); thence south to
latitude 47[deg]33'36'' North, longitude 122[deg]37'30'' West (Point
B); thence southwest to latitude 47[deg]33'23'' North, longitude
122[deg]37'45'' West (Point C); thence southwest to latitude
47[deg]33'19'' North, longitude 122[deg]38'12'' West (Point D); thence
southwest to latitude 47[deg]33'10'' North, longitude 122[deg]38'19''
West (Point E); thence southwest to latitude 47[deg]33'07'' North,
longitude 122[deg]38'29'' West (Point F); thence southwest to latitude
47[deg]33'04'' North, longitude 122[deg]39'07'' West (Point G); thence
west to the north shore of
[[Page 41657]]
Sinclair Inlet at latitude 47[deg]33'04.11'' North, longitude
122[deg]39'41.92'' West (Point H).
(3) The regulations--(i) Area No. 1. No vessel of more than, or
equal to, 100 gross tons shall enter the area or navigate therein
without permission from the enforcing agency, except Washington State
Ferries on established routes.
(ii) Area No. 2. This area is for the exclusive use of the United
States Navy. No person, vessel, craft, article or thing, except those
under supervision of military or naval authority shall enter this area
without permission from the enforcing agency.
(b) Enforcement. The regulation in this section shall be enforced
by the Commander, Navy Region Northwest, and such agencies and persons
as he/she shall designate.
3. Add Sec. 334.1244 to read as follows:
Sec. 334.1244 Puget Sound, Manchester Fuel Depot, Manchester,
Washington; Naval Restricted Area.
(a) The area. The waters of Puget Sound surrounding the Manchester
Fuel Depot Point A, a point along the northern shoreline of the
Manchester Fuel Depot at latitude 47[deg]33'55'' North, longitude
122[deg]31'55'' West; thence to latitude 47[deg]33'37'' North,
longitude 122[deg]31'50'' West (Point B); thence to latitude
47[deg]33'32'' North, longitude 122[deg]32'06'' West (Point C); thence
to latitude 47[deg]33'45.9'' North, longitude 122[deg]32'16.04'' West
(Point D), a point in Puget Sound on the southern shoreline of the
Manchester Fuel Depot.
(b) The regulations. No person, vessel, craft, article or thing
except those under the supervision of the military or naval authority
shall enter the area without the permission of the enforcing agency or
his/her designees. The restriction shall apply during periods when a
ship is loading and/or pier operations preclude safe entry. The
restricted periods will be identified by the use of quick-flashing
beacon lights, which are mounted on poles at the end of the main fuel
pier on the north side of Orchard Point at the entrance of Rich
Passage. Entry into the area is prohibited when the quick-flashing
beacons are in a flashing mode.
(c) Enforcement. The regulation in this section shall be enforced
by the Commander, Navy Region Northwest, and such agencies and persons
as he/she shall designate.
Dated: July 25, 2007.
Mark Sudol,
Acting Chief, Operations, Directorate of Civil Works.
[FR Doc. E7-14652 Filed 7-30-07; 8:45 am]
BILLING CODE 3710-92-P
-----------------------------------------------------------------------
[Federal Register: July 31, 2007 (Volume 72, Number 146)]
[Proposed Rules]
[Page 41654-41655]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31jy07-19]
=======================================================================
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DEPARTMENT OF DEFENSE
Department of the Army; Corps of Engineers
33 CFR Part 334
Naval Restricted Area, Port Townsend, Indian Island, Walan Point,
WA
AGENCY: U.S. Army Corps of Engineers, DoD.
ACTION: Notice of proposed rulemaking and request for comments.
-----------------------------------------------------------------------
SUMMARY: The U.S. Army Corps of Engineers (Corps) is proposing to amend
its regulations for the restricted area established in the waters of
Port Townsend Bay off Puget Sound adjacent to Naval Magazine Indian
Island, Jefferson County, Washington. The amendments will enable the
affected units of the United States military to enhance safety and
security around an active military establishment. The regulations are
necessary to safeguard military vessels and United States government
facilities from sabotage and other subversive acts, accidents, or
incidents of similar nature. The regulations are also necessary to
protect the public from potentially hazardous conditions that may exist
as a result of military use of the area.
DATES: Written comments must be submitted on or before August 30, 2007.
ADDRESSES: You may submit comments, identified by docket number COE-
2007-0020, by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov. Follow the
instructions for submitting comments.
E-mail: david.b.olson@usace.army.mil. Include the docket number
COE-2007-0020 in the subject line of the message.
Mail: U.S. Army Corps of Engineers, Attn: CECW-CO (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-2007-0020.
All comments received will be included in the public docket without
change and may be made available on-line at http://www.regulations.gov,
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 regulations.gov or
e-mail. The regulations.gov Web site 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 e-
mail directly to the Corps without going through regulations.gov, your
e-mail 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 with any disk or CD-ROM 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 http://www.regulations.gov. 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.
Consideration will be given to all comments received within 30 days
of the date of publication of this notice.
FOR FURTHER INFORMATION CONTACT: Mr. David Olson, Headquarters,
Operations and Regulatory Community of Practice, Washington, DC at 202-
761-4922; Ms. Michelle Walker, Regulatory Branch Chief, U.S. Army Corps
of Engineers, Seattle District, Northwest Division, at 206-764-6915; or
Ms. Koko Ekendiz of the Regulatory Branch, U.S. Army Corps
[[Page 41655]]
of Engineers, Seattle District, at 206-764-6878.
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 proposing to amend the restricted area
regulations in 33 CFR part 334 by modifying the area at Sec. 334.1270.
The proposed modification to this existing restricted area is described
below. This request has been made to increase safety and security of
naval operations at Naval Magazine, Indian Island.
In addition to the publication of the proposed rule, the Seattle
District Engineer is concurrently soliciting public comment on the
proposed rule by distribution of a public notice to all known
interested parties.
Procedural Requirements
a. Review Under Executive Order 12866. This proposed rule is issued
with respect to a military function of the United States and the
provisions of Executive Order 12866 do not apply.
b. Review Under the Regulatory Flexibility Act. This proposed rule
has been reviewed under the Regulatory Flexibility Act (Pub. L. 96-354,
5 U.S.C. 601) 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 expects that the proposed
modification to the existing restricted area would have practically no
economic impact on the public, and would create no anticipated
navigational hazard or interference with existing waterway traffic.
c. Review Under the National Environmental Policy Act. The Corps
has concluded, based on the minor nature of the proposed rule, that the
addition of and amendment to a restricted area, if adopted, will not be
a major federal action having a significant impact on the quality of
the human environment, and preparation of an environmental impact
statement is not required. An environmental assessment will be prepared
after all comments have been received and considered. After it is
prepared, the environmental assessment may be reviewed at the district
office listed at the end of the FOR FURTHER INFORMATION CONTACT, above.
d. Unfunded Mandates Act. The proposed rule does not impose an
enforceable duty among the private sector and, therefore, is not a
Federal private sector mandate and is not subject to the requirements
of Section 202 or 205 of the Unfunded Mandates Reform Act (Pub. L. 104-
4). We have also found under Section 203 of the Act, that small
governments will not be significantly or uniquely affected by this
rulemaking.
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 a portion of 33 CFR part 334 as follows:
PART 334--DANGER ZONE AND RESTRICTED AREA REGULATIONS
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).
2. Amend Sec. 334.1270 by revising paragraphs (a) and (b) and
adding paragraph (c) to read as follows:
Sec. 334.1270 Port Townsend, Indian Island, Walan Point; naval
restricted area.
(a) The area. The waters of Port Townsend Bay bounded by a line
commencing on the north shore of Walan Point at latitude 48[deg]04'42''
North, longitude 122[deg]44'30'' West (Point A); thence to latitude
48[deg]04''50'' North, longitude 122[deg]44'38'' West (Point B); thence
to latitude 48[deg]04'52'' North, latitude 122[deg]44'57'' West (Point
C); thence to latitude 48[deg]04'44'' North, longitude 122[deg]45'12''
West (Point D); thence to latitude 48[deg]04'26'' North, longitude
122[deg]45'21'' West (Point E); thence to latitude 48[deg]04'10''
North, longitude 122[deg]45'15'' West (Point F); thence to latitude
48[deg]04'07'' North, longitude 122[deg]44'49'' West (Point G); thence
to a point on the Walan Point shoreline at latitude 48[deg]04'16''
North, longitude 122[deg]44'37'' West (Point H).
(b) The regulations. This area is for the exclusive use of the U.S.
Navy. No person, vessel, craft, article or thing shall enter the area
without permission from the enforcing agency. The restriction shall
apply during periods when ship loading and/or pier operations preclude
safe entry. The periods will be identified by flying a red flag from
the ship and/or pier.
(c) Enforcement. The regulation in this section shall be enforced
by Commander, Navy Region Northwest and such agencies and persons as
he/she shall designate.
Dated: July 25, 2007.
Mark Sudol,
Acting Chief, Operations, Directorate of Civil Works.
[FR Doc. E7-14650 Filed 7-30-07; 8:45 am]
BILLING CODE 3710-92-P