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[Federal Register: August 31, 2010 (Volume 75, Number 168)]
[Rules and Regulations]               
[Page 53197-53198]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31au10-3]                         

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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: Direct final rule.

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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 rule 
is to correct the buoys designating the boundary of the restricted 
area. The restricted area provides security for the facility, and 
prevents acts of terrorism, sabotage, or other criminal acts against 
the facility, including vessels loading and offloading at the Sunny 
Point Army Terminal.

DATES: This rule is effective November 1, 2010 without further notice, 
unless the Corps receives adverse comment by September 30, 2010. If we 
receive such adverse comment, we will publish a timely withdrawal in 
the Federal Register informing the public that this rule will not take 
effect.

ADDRESSES: You may submit comments, identified by docket number COE-
2010-0015, 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-2010-0015 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-2010-0015. 
All comments received will be included in the public docket without 
change and may be made available on-line at http://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 Richard K. Spencer, U.S. Army Corps of Engineers, 
Wilmington District, at 910-251-4172.

SUPPLEMENTARY INFORMATION: By letter dated February 22, 2010, the Corps 
of Engineers was informed that the federal channel navigation buoys 
that mark the Cape Fear River main navigation channel and the 
boundaries of the restricted zone at the Sunny Point Army Terminal have 
been replaced with new buoys. The Army requests that the rule be 
revised because the current federal channel navigation buoys 
identification numbers no longer correspond to the regulation for the 
restricted area at the Sunny Point Army Terminal. In response to this 
request by the U.S. Army, and pursuant to its authorities under 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 amending the regulations in 33 CFR part 334 by 
revising the restricted area regulation.
    The Corps is publishing this rule without prior proposal because we 
view this as a non-controversial amendment and anticipate no adverse 
comment.
    In the ``Proposed Rules'' section of today's Federal Register, we 
are publishing a separate document that will serve as the proposal to 
revise this restricted area regulation if adverse comments are filed. 
This rule will be effective on November 1, 2010 without further notice 
unless we receive adverse comment by September 30, 2010 . If we receive 
adverse comment, we will publish a timely withdrawal in the Federal 
Register informing the public that the direct final rule will not take 
effect. We will address all public comments in a subsequent final rule 
based on the proposed rule. We will not institute a second comment 
period on this action. Any parties interested in commenting must do so 
at this time.

Procedural Requirements

    a. Review Under Executive Order 12866. This 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 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 has determined that revising this restricted 
area regulation would have practically no economic impact on the 
public, or result in no anticipated navigational hazard or interference 
with existing waterway traffic. This will have no significant economic 
impact on small entities.

[[Page 53198]]

    c. Review Under the National Environmental Policy Act. The Corps 
expects that the final rule 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 has been prepared and it may be reviewed at the District 
office listed at the end of the FOR FURTHER INFORMATION CONTACT, above. 
If we receive adverse comment, an environmental assessment will be 
prepared for the subsequent final rule.
    d. Unfunded Mandates Act. The final rule does 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, 109 Stat. 48, 2 U.S.C. 1501 et seq.). 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, Navigation (water), Restricted areas, Waterways.

0
For the reasons set out in the preamble, the Corps amends 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.  334.450 as follows:

Sec.  334.450  Cape Fear River and tributaries at Sunny Point Army 
Terminal, Brunswick County, NC; restricted area.

    (a) The area. That portion of Cape Fear River due west of the main 
ship channel extending from U.S. Coast Guard buoy No. 35 
(34[deg]02'03.218'' N, 077[deg]56'28.755'' W) at the north approach 
channel to Sunny Point Army Terminal to U.S. Coast Guard buoy No. 27 
(33[deg]58'16.12'' N, 077[deg]56'59.736'' W) at the south approach 
channel to Sunny Point Army Terminal and all waters of its tributaries 
therein.
    (b) Except in cases of extreme emergency, all persons or vessels of 
any size or rafts other than those authorized by the Commander, Sunny 
Point Army Terminal, are prohibited from entering this area without 
prior permission of the enforcing agency.
    (c) The regulations in this section shall be enforced by the 
Commander, Sunny Point Army Terminal, Southport, North Carolina, and 
such agencies as he/she may designate.

    Dated: August 13, 2010.
Michael G. Ensch,
Chief, Operations, Directorate of Civil Works.
[FR Doc. 2010-21752 Filed 8-30-10; 8:45 am]
BILLING CODE 3720-58-P
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