[Federal Register Volume 66, Number 156 (Monday, August 13, 2001)]
[Proposed Rules]
[Pages 42475-42477]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-20230]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 334


Naval Restricted Area, Naval Air Station Whidbey Island, 
Washington

AGENCY: U.S. Army Corps of Engineers, DoD.

ACTION: Notice of proposed rulemaking and request for written comments.

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SUMMARY: The Corps of Engineers is proposing to establish a new 
restricted area in the waters of Crescent Harbor, Saratoga Passage, 
adjacent to Naval Air Station Whidbey Island near Oak Harbor, 
Washington. Under this proposal, there would be no permanent, around-
the-clock restrictions on use of the area. Restrictions would be 
intermittent and temporary, and only apply when naval training 
exercises are signaled as in progress. Prior to the commencement of an 
exercise, the Navy would conduct an air or surface reconnaissance of 
the area to ensure the

[[Page 42476]]

area is clear. Vessels underway and laying a course through the area 
would not be interfered with, but such vessels would not be allowed to 
delay their progress. Vessels anchored in, or nearing the restricted 
area during the conduct of an exercise, would be contacted by a Navy 
patrol boat and advised to depart or steer clear. Exercises would only 
occur when all vessels and persons were clear of the area. The purpose 
of this proposal is to ensure public safety and the Navy's ability to 
conduct training exercises without interference.

DATES: Comments must be submitted on or before September 12, 2001.

ADDRESSES: U.S. Army Corps of Engineers, ATTN: CECW-OR, 20 
Massachusetts Avenue, NW., Washington DC 20314-1000.

FOR FURTHER INFORMATION CONTACT: Mr. Frank Torbett, Headquarters 
Regulatory Branch at (202) 761-4618 or Mr. Jack Kennedy, Corps Seattle 
District, at (206) 764-6907.

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 Appropriation Act of 1919 (40 Stat. 892; 33 
U.S.C. 3) the Corps proposes to amend the regulations in 33 CFR part 
334 by adding a new Section 334.1218 which would establish a new naval 
restricted area in the waters of Crescent Harbor, Saratoga Passage, 
adjacent to Naval Air Station Whidbey Island, near Oak Harbor, Island 
County, Washington.
    The restrictions proposed in this request would be intermittent, 
infrequent, and of short duration. According to the Navy, a review of 
their operations and restricted areas indicated the need for an 
additional restricted area in Crescent Harbor, a waterbody used by 
Explosive Ordinance Disposal Units for training exercises for many 
years without incident or complaint. The restricted area is required 
for safety purposes. The exercises in question take place about once a 
month and require only a very temporary closure of the waterway. A 
typical training cycle takes approximately one hour. Besides Explosive 
Ordinance Disposal exercises, the Navy envisions invoking the 
restrictions during naval training exercises involving activities like 
aerial minesweeping, underwater object locating, and air-sea rescue.

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 (Public Law 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 that 
the economic impact of the establishment of this restricted area would 
have no impact on the public, no anticipated navigational hazard or 
interference with existing waterway traffic, and accordingly, certifies 
that this proposal, if adopted, will have no significant economic 
impact on small entities.

c. Review Under the National Environmental Policy Act

    The Seattle District has prepared a preliminary Environmental 
Assessment (EA) for this action. The preliminary EA concluded that this 
action will not have a significant impact on the human environment. 
After receipt and analysis of comments from this Federal Register 
posting and the Seattle District's concurrent Public Notice, the Corps 
will prepare a final environmental document detailing the scale of 
impacts this action will have upon the human environment. The 
environmental assessment 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, is not a Federal private sector mandate 
and is not subject to the requirements of Section 202 or 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, Restricted Areas, Waterways.

    For the reasons set out in the preamble, we propose to amend 33 CFR 
Part 334 to read as follows:

PART 334--DANGER ZONE AND RESTRICTED AREA REGULATIONS

    1. The authority citation for 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. Add new section 334.1218 to read as follows:


Sec. 334.1218  Crescent Harbor, Naval Air Station Whidbey Island, Oak 
Harbor, WA; Naval Restricted Area.

    (a) The area. The area is drawn from the Polnell Point Light 
(48 deg.16'22" N, 122 deg.33'32" W) west-southwest to a point in 
central Crescent Harbor (48 deg.16'00" N, 122 deg.36'00" W) and then 
due north to a point along Crescent Harbor's northern shoreline on 
Whidbey Island (48 deg.17'55" N, 122 deg.36'00" W).
    (b) The regulations. (1) Restrictions would be intermittent, and 
only apply when naval training exercises are in progress.
    (2) Prior to the commencement of an exercise, the Navy would 
conduct an air or surface reconnaissance of the area to ensure the area 
is clear. Vessels underway and laying a course through the area would 
not be interfered with, but such vessels would not be allowed to delay 
their progress. Vessels anchored in, or nearing the restricted area 
during the conduct of an exercise, will be contacted by a Navy patrol 
boat and advised to depart or steer clear.
    (3) Exercises would only occur when all vessels and persons are 
clear of the area. When exercises are in progress, use of the area will 
be indicated by the presence of a red ``Bravo'' flag flying from the 
patrol boat and/or a buoy to be placed at the Southwest corner of the 
restricted area (latitude 48 deg.16'00" N, longitude 122 deg.36'00"W).
    (4) During training exercises while the red ``Bravo'' flag is 
flying from a patrol boat and/or the marker buoy, no vessel, 
watercraft, or person shall enter or remain within the designated 
restricted area. Upon completion of an exercise, the red ``Bravo'' flag 
will be struck and restrictions will cease to apply.
    (c) Enforcement. The regulations in this section shall be enforced 
by the Commander, Navy Region Northwest, and such agencies and persons 
as he/she shall designate.

    Dated: July 30, 2001.
Charles M. Hess,
Chief, Operations Division, Directorate of Civil Works.
[FR Doc. 01-20230 Filed 8-10-01; 8:45 am]
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