53264 Federal Register / Vol. 75, No. 168 / Tuesday, August 31, 2010 / Proposed Rules 

of the records searched by and/or 

contained in DIVS may come from other 

agencies and it would be 

administratively impossible for the FBI 

to vouch for the compliance of these 

agencies with this provision. 

(8) From subsection (e)(8) because to 

require individual notice of disclosure 

of information due to compulsory legal 

process would pose an impossible 

administrative burden on the FBI and 

may alert the subjects of law 

enforcement investigations, who might 

be otherwise unaware, to the fact of 

those investigations. 

(9) From subsections (f) and (g) to the 

extent that the system is exempt from 

other specific subsections of the Privacy 

Act. 

Dated: August 20, 2010. 

Nancy C. Libin, 

Chief Privacy and Civil Liberties Officer. 

[FR Doc. 2010–21247 Filed 8–30–10; 8:45 am] 

BILLING CODE 4410–02–P 

DEPARTMENT OF DEFENSE 

Department of the Army, Corps of 

Engineers 

33 CFR Part 334 

Restricted Area in Cape Fear River and 

Tributaries at Sunny Point Army 

Terminal, Brunswick County, NC 

AGENCY: U.S. Army Corps of Engineers, 

DoD. 

ACTION: Proposed rule. 

SUMMARY: The U.S. Army requested that 

the U.S. Army Corps of Engineers 

(Corps) revise the regulation for the 

restricted area in the Cape Fear River 

and its tributaries at Sunny Point Army 

Terminal, Brunswick County, North 

Carolina, by renaming the marker buoys 

and specifying the latitude and 

longitude for those buoys. There are no 

other changes proposed for this 

restricted area regulation. The purpose 

of the proposed rule is to correct the 

buoys designating the boundary of the 

restricted area which provide security 

for the facility, and prevent acts of 

terrorism, sabotage, or other criminal 

acts against the facility, including 

vessels loading and offloading at the 

Sunny Point Army Terminal. In the 

‘‘Rules and Regulations’’ section of the 

Federal Register, we are publishing this 

change to the restricted area regulation 

as a direct final rule without prior 

proposal because we view this as a noncontroversial adjustment to our 

restricted area regulations and 

anticipate no adverse comment. We 

have explained our reasons for this 

approval in the preamble to the direct 

final rule. If we receive no adverse 

comment, we will not take further 

action on this rule and it will go into 

effect. If we receive adverse comment, 

we will withdraw the direct final rule 

and it will not take effect. We will 

address all public comments in a 

subsequent final rule based on this 

proposed rule. We will not institute a 

second comment period on this action. 

Any parties interested in commenting 

must do so at this time. 

DATES: Written comments must be 

received by September 30, 2010. 

SUPPLEMENTARY INFORMATION: This 

document concerns the ‘‘Restricted Area 

in Cape Fear River and tributaries at 

Sunny Point Army Terminal, Brunswick 

County, NC’’ rule. For further 

information, including instructions on 

how to submit comments, please see the 

information provided in the direct final 

rule that is located in the ‘‘Rules and 

Regulations’’ section of this Federal 

Register publication. 

Dated: August 13, 2010. 

Michael G. Ensch, 

Chief, Operations, Directorate of Civil Works. 

[FR Doc. 2010–21746 Filed 8–30–10; 8:45 am] 

BILLING CODE 3720–58–P 

DEPARTMENT OF DEFENSE 

Department of the Army 

Corps of Engineers 

33 CFR Part 334 

United States Marine Corps, Marine 

Corps Base Quantico, Quantico VA; 

Restricted Area 

AGENCY: U.S. Army Corps of Engineers, 

Department of Defense. 

ACTION: Notice of proposed rulemaking 

and request for comments. 

SUMMARY: The Corps of Engineers 

(Corps) is proposing to amend its 

regulations to establish a permanent 

restricted area in the waters of the 

Potomac River in the vicinity of Marine 

Corps Base (MCB) Quantico, located in 

Quantico, Virginia. The establishment of 

a permanent restricted area is necessary 

to reflect the current security and safety 

needs at MCB Quantico, including 

protection of military assets at the 

Marine Corps Air Facility (MCAF) 

Quantico, which include the 

Presidential Helicopter Squadron. The 

assets located on MCAF Quantico are 

considered national assets of strategic 

value and require the increased 

protection obtained by restricting all 

public access to within 500 meters of 

the MCAF shoreline. The proposed 

restricted area provides standoff from 

most small arms weapons, acts as a 

security buffer, and assists USMC 

security forces in determining intent 

amongst heavy boat traffic. 

Additionally, there is an extreme hazard 

to small craft and vessels operating in 

close proximity to the MCAF due to jet 

and prop wash from heavy jet and rotary 

wing aircraft operating at low altitudes 

while conducting takeoff and landing 

operations. The proposed restricted area 

protects public safety by denying 

vessels access to this danger. The 

restricted area is also required to protect 

public health by preventing vessels from 

disturbing a planned environmental 

remediation area located in the vicinity 

of MCAF. The restricted area will 

extend approximately 500 meters from 

the shoreline of MCB/MCAF Quantico 

and will include the Chopawamsic 

Creek channel. 

DATES: Written comments must be 

submitted on or before September 30, 

2010. 

ADDRESSES: You may submit comments, 

identified by docket number COE– 

2010–0032, 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–2010–0032, 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–2010–0032. 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 


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Federal Register / Vol. 75, No. 168 / Tuesday, August 31, 2010 / Proposed Rules 53265 

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 

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 

Mr. Steve Elinsky, Corps of Engineers, 

Baltimore District, Regulatory Branch, at 

410–962–4503. 

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 

proposes to amend its regulations at 33 

CFR part 334 to establish a permanent 

restricted area to reflect the current 

security and safety needs at MCB 

Quantico, including protection of 

military assets at the Marine Corps Air 

Facility (MCAF) Quantico, which 

include the Presidential Helicopter 

Squadron. The assets located on MCAF 

Quantico are considered national assets 

of strategic value and require the 

increased protection obtained by 

restricting all public access to within 

500 meters of the MCAF shoreline. The 

proposed restricted area provides 

standoff from most small arms weapons, 

acts as a security buffer, and assists 

USMC security forces in determining 

intent amongst heavy boat traffic. 

Additionally, there is an extreme hazard 

to small craft and vessels operating in 

close proximity to the MCAF due to jet 

and prop wash from heavy jet and rotary 

wing aircraft operating at low altitudes 

while conducting takeoff and landing 

operations. The proposed restricted area 

will protect public safety by keeping 

vessels from this danger. The restricted 

area is also required to protect public 

health by preventing vessels from 

disturbing a planned environmental 

remediation area located in the vicinity 

of MCAF. The restricted area will 

extend approximately 500 meters from 

the shoreline of MCB/MCAF Quantico 

and will include the Chopawamsic 

Creek channel. 

Procedural Requirements 

a. Review Under Executive Order 12866 

This proposed rule is issued with 

respect to a military function of the 

Defense Department 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). Unless information is 

obtained to the contrary during the 

public notice comment period, the 

Corps expects that the economic impact 

of the establishment of this danger zone 

would have practically no impact on the 

public, result in no anticipated 

navigational hazard, or cause 

interference with existing waterway 

traffic. This proposed rule if adopted, 

will have no significant economic 

impact on 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 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. After it has been prepared, 

it may be reviewed at the District office 

listed at the end of FOR FURTHER

INFORMATION CONTACT, above. 

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. 

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 

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. Add section 334.235 to read as 

follows: 

§ 334.235 Potomac River, in the vicinity of 

Marine Corps Base Quantico, Quantico, 

Virginia; Restricted Area. 

(a) The area. All of the navigable 

waters of the Potomac River extending 

approximately 500 meters from the 

mean high water mark on the Eastern 

shoreline of the Marine Corps Air 

Facility, bounded by these coordinates 

(including the Chopawamsic Creek 

channel, but excluding Chopawamsic 

Island): 

Latitude N 38°29′34.04′′ Longitude W 

077°18′22.4′′ (Point A); thence to 

Latitude N 38°29′43.01′′ Longitude W 

077°18′4.1′′ (Point B); thence to 

Latitude N 38°29′55.1′′ Longitude W 

077°17′51.3′′ (Point C); thence to 

Latitude N 38°30′10.1′′ Longitude W 

077°17′40.3′′ (Point D); thence to 

Latitude N 38°30′23.43′′ Longitude W 

077°17′50.30′′ (Point E); then along the 

western shoreline of Chop Island to 

Latitude N 38°30′35.13′′ Longitude W 

077°17′47.45′′ (Point F); thence to 

Latitude N 38°30′42.1′′ Longitude W 

077°17′37.1′′ (Point G); thence to 

Latitude N 38°30′50.71′′ Longitude W 

077°17′54.12′′ (Point H); then along the 

shoreline to 

Latitude N 38°30′0.058′′ Longitude W 

077°18′39.26′′ (Point I); then across 

Chopawamsic Channel to 

Latitude N 38°29′58.45′′ Longitude W 

077°18′39.97′′ (Point J); thence to 

Latitude N 38°29′38.2′′ Longitude W 

077°18′38.14′′ (Point K); and thence to the 

point of origin. 

The United States Marine Corps 

intends to install marker buoys and 

warning signs at 500 foot intervals to 

outline the boundary of the Restricted 

Area. In addition, lighted, floating, 

small craft intrusion barriers will be 

placed across the Chopawamsic Creek 

channel at the entrance to the channel 


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53266 Federal Register / Vol. 75, No. 168 / Tuesday, August 31, 2010 / Proposed Rules 

from the Potomac and just West of the 

CSX railroad bridge. 

(b) The regulations. (1) All persons, 

vessels, or other craft are prohibited 

from entering, transiting, drifting, 

dredging, or anchoring within the 

restricted area without the permission of 

the Commander, MCB Quantico or his/ 

her designated representatives. 

(2) The restriction will be in place 24 

hours a day, seven days a week. 

(3) Licensed commercial fisherman 

will be authorized controlled access to 

the restricted area after registering with 

MCB Quantico officials and following 

specific access notification procedures. 

However, no vessels will be allowed in 

the Chopawamsic Creek channel. 

Warning signs/buoys will be placed at 

500-foot intervals along the boundary to 

notify individuals of the restricted area 

and that entry is prohibited. 

Additionally, floating, lighted, small 

craft intrusion barriers will be placed 

across the Chopawamsic Creek channel 

at the entrance to the channel from the 

Potomac and just west of the CSX 

railroad bridge. 

(c) Enforcement. The restricted area 

will be enforced by the Commander, 

MCB Quantico. Enforcement will 

include 24/7 shoreline observation by 

security personnel and electronic 

monitoring systems. USMC boats with 

law enforcement personnel will 

randomly patrol the restricted area and 

provide a response capability. All 

persons, vessels, or other craft are 

prohibited from entering, transiting, 

drifting, dredging, or anchoring within 

the restricted area without the 

permission of the Commander, MCB 

Quantico or his/her designated 

representative. 

Dated: August 23, 2010. 

Michael G. Ensch, 

Chief, Operations, Directorate of Civil Works. 

[FR Doc. 2010–21756 Filed 8–30–10; 8:45 am] 

BILLING CODE 3720–58–P 

DEPARTMENT OF DEFENSE 

Department of the Army, Corps of 

Engineers 

33 CFR Part 334 

United States Army Restricted Area, 

Designated Portions of Eagle Bay and 

Eagle River, Fort Richardson, AK 

AGENCY: United States Army Corps of 

Engineers, DoD. 

ACTION: Notice of proposed rulemaking 

and request for comments. 

SUMMARY: The U.S. Army Corps of 

Engineers is proposing to revise its 

regulations to establish a restricted area 

to change the navigability status of a 

portion of Eagle River within the 

boundaries of Fort Richardson, Alaska 

as well as an adjacent portion of Eagle 

Bay in the Knik Arm. More specifically, 

the restricted area is to include all 

waters of Eagle River downstream from 

the Bravo Bridge as well as the portion 

of Eagle Bay east of a demarcation line 

to extend from two points of Fort 

Richardson land along northern and 

southern shores of the Bay. This 

amendment would prohibit vessels and 

persons from entering affected waters of 

Eagle Bay and Eagle River in order to 

enhance safety and security. This 

portion of Eagle River runs through an 

active military range munitions impact 

area. This portion of Eagle Bay could be 

subjected to hazardous levels of noise 

during certain training exercises; Army 

control of this area is also necessary to 

prevent unauthorized access into the 

impact area. The restricted area is 

necessary to protect the public from 

entering an extremely hazardous area. 

DATES: Written comments must be 

submitted by September 30, 2010. 

ADDRESSES: You may submit comments, 

identified by docket number COE– 

2010–0031, 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– 

2010–0031, 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–2010–0031. 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. 

Serena Sweet, U.S. Army Corps of 

Engineers, Alaska District, Regulatory 

Division, at 907–753–2819. 

SUPPLEMENTARY INFORMATION: In 

response to a request from the 

Department of the Army and pursuant 

to its authorities in Section 7 of the 

River and Harbor 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 to 

establish a restricted area to the east of 

a demarcation line bisecting Eagle Bay 

and extending up Eagle River to Bravo 

Bridge within Fort Richardson. The 

restricted area is necessary to protect the 

public against hazardous noise impacts 

and to prevent vessels and persons from 

entering an active military range 

munitions impact area. 

Procedural Requirements 

a. Review Under Executive Order 12866 

This proposed rule is issued with 

respect to a military function of the 

Defense Department and the provisions 

of Executive Order 12866 do not apply. 


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