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[Federal Register: March 17, 2010 (Volume 75, Number 51)]
[Proposed Rules]               
[Page 12718-12720]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17mr10-32]                         

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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 334

 
United States Navy Restricted Area, Puget Sound, Naval Station 
Everett, Washington

AGENCY: U.S. Army Corps of Engineers, DoD.

ACTION: Notice of proposed rulemaking and request for comments.

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SUMMARY: The U.S. Army Corps of Engineers is proposing to amend its 
regulations for the restricted area established in the waters of Puget 
Sound adjacent to Naval Station Everett, Everett, Snohomish 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 by April 16, 2010.

ADDRESSES: You may submit comments, identified by docket number COE-
2010-0003, by any of the following methods:

[[Page 12719]]

    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-2010-0003, 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-2010-0003. 
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.

FOR FURTHER INFORMATION CONTACT: Mr. David Olson, Headquarters, 
Operations and Regulatory Community of Practice, Washington, DC at 202-
761-4922 or Ms. Michelle Walker, Regulatory Branch Chief, U.S. Army 
Corps of Engineers, at 206-764-6915 or Ms. Vicky Didenhover, of the 
Regulatory Branch, U.S. Army Corps of Engineers, at 206-764-3311.

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 its regulations at 33 CFR 
part 334 by modifying the area at Sec.  334.1215. The proposed 
modification to this existing restricted area is described below. The 
intent of the proposed rule is to increase safety and security of naval 
operations at Naval Station Everett.
    In addition to the publication of the proposed rule in the Federal 
Register, the Seattle District 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. The proposed rule is issued 
with respect to a military function of the Department of Defense 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) 
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 the proposed modification to the 
existing restricted area would have practically no economic impact on 
the public, and would create no anticipated navigational hazards or 
interference with existing waterway traffic.
    c. Review under the National Environmental Policy Act. The Corps 
has made a preliminary determination, based on the minor nature of the 
proposed rule, that the modification of this restricted area, if 
adopted, will not be a major Federal action having 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. 
After it is prepared, the environmental assessment may be reviewed at 
the District office listed at the end of the FOR FURTHER INFORMATION 
CONTACT section, above.
    d. Unfunded Mandates Act. This proposed rule does not impose an 
enforceable duty among the private sector and, therefore, is not a 
Federal private section mandate and is not subject to the requirements 
of either Section 202 or Section 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 and 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 stated 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. Revise Sec.  334.1215 to read as follows:


Sec.  334.1215  Port Gardner, Naval Station Everett, Naval Restricted 
Area, Everett, Washington.

    (a) The area. The waters of Port Gardner and East Waterway 
surrounding Naval Station Everett beginning at a point near the 
northwest corner of Naval Station Everett at latitude 47[deg]59'40'' N, 
longitude 122[deg]13'23.5'' W (Point 1) and thence to latitude 
47[deg]59'40'' N, longitude 122[deg]13'30'' W (Point 2); thence to 
latitude 47[deg]59'20'' N, longitude 122[deg]13'33'' W (Point 3); 
thence to latitude 47[deg]59'13'' N, longitude 122[deg]13'38'' W (Point 
4); thence to latitude 47[deg]59'05.5'' N, longitude 122[deg]13'48.5'' 
W (Point 5); thence to latitude 47[deg]58'46'' N, longitude 
122[deg]14'11'' W (Point 6); thence to latitude 47[deg]58'39.5'' N, 
longitude 122[deg]13'59'' W (Point 7); thence to latitude 
47[deg]58'39'' N, longitude 122[deg]13'42'' W (Point 8); thence to 
latitude 47[deg]58'57'' N, longitude 122[deg]13'25'' W (Point 9); 
thence to latitude 47[deg]59'20'' N, longitude 122[deg]13'08'' W (Point 
10); thence to latitude 47[deg]59'20'' N, longitude 122[deg]13'02.5'' W 
(Point 11), a point upon the Naval Station's shore in the northeast 
corner of East Waterway.

[[Page 12720]]

    (b) The regulation. (1) All persons and vessels are prohibited from 
entering the waters in the restricted area for any reason without prior 
written permission from the Commanding Officer, Naval Station Everett.
    (2) Mooring, anchoring, fishing and/or recreational boating are 
prohibited in the restricted area without prior written permission from 
the Commanding Officer, Naval Station Everett.
    (c) Enforcement. The regulation in this section shall be enforced 
by the Commanding Officer, Naval Station Everett and such agencies and 
persons as he/she shall designate.

    Dated: March 10, 2010.
Michael G. Ensch,
Chief, Operations, Directorate of Civil Works.
[FR Doc. 2010-5740 Filed 3-16-10; 8:45 am]
BILLING CODE 3720-58-P
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