[Federal Register Volume 66, Number 156 (Monday, August 13, 2001)]
[Proposed Rules]
[Pages 42477-42478]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-20231]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 334


Naval Restricted Area, Naval Station Everett, Washington

AGENCY: United States Army Corps of Engineers, DoD.

ACTION: Notice of proposed rulemaking and request for comments.

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SUMMARY: The Corps of Engineers is proposing to establish a new 
restricted area in the waters surrounding Naval Station Everett at 
Everett, Washington. The designation would effectively establish a 300-
foot safety zone around moored vessels and the major piers of this 
naval base, and lesser distances

[[Page 42478]]

from its other piers, basins, and shorelines. All persons and vessels 
would be prohibited from entering or using the waters of the restricted 
area without prior written permission from the Commanding Officer of 
the Naval Station Everett. The purpose of the restricted area is to 
ensure public safety and satisfy the Navy's security, safety, and 
operational requirements pertaining to the moorage and movement of 
capital ships and other vessels at a major naval base.

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

ADDRESSES:  U.S. Army Corps of Engineers, ATTN: CECW-OR, 20 
Massachusetts Avenue, N.W., Washington D. C. 20314-1000

FOR FURTHER INFORMATION CONTACT: Mr. Frank Torbett, Headquarters 
Regulatory Branch, Washington D.C. at (202) 761-4618 or Mr. Jack 
Kennedy, Corps of Engineers 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 334.1215 which would establish a new naval 
restricted area in the waters of Port Gardner and East Waterway 
surrounding Naval Station Everett, at Everett, Washington. The points 
defining the proposed restricted area were selected to avoid any 
interference with vessel use of the lower reaches of the Snohomish 
River Waterway, and to minimize the restricted area's encroachment into 
the waters of East Waterway utilized by adjoining industrial and 
commercial ventures and the general public.

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 2866 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. Section 334.1215 is added to read as follows:


Sec. 334.1215  Port Gardner, Naval Station Everett, Everett, WA; Naval 
Restricted Area.

    (a) The area. The waters of Port Gardner and East Waterway 
surrounding Naval Station Everett beginning at Point 1, a point near 
the northwest corner of Naval Station Everett at latitude 47 deg. 59' 
40" North, longitude 122 deg. 13' 23.5" West and thence to latitude 
47 deg. 59' 40" North, longitude 122 deg. 13' 30" West (Point 2); 
thence to latitude 47 deg. 59' 20" North, longitude 122 deg. 13' 33" 
West (Point 3); thence to latitude 47 deg. 59' 13" North, longitude 
122 deg. 13' 38" West (Point 4); thence to latitude 47 deg. 59' 05.5" 
North, longitude 122 deg. 13' 48.5" West (Point 5); thence to latitude 
47 deg. 58' 51" North, longitude 122 deg. 14' 04" West (Point 6); 
thence to latitude 47 deg. 58' 45.5" North, longitude 122 deg. 13' 53" 
West (Point 7); thence to latitude 47 deg. 58' 45.5" North, longitude 
122 deg. 13' 44" West (Point 8); thence to latitude 47 deg. 58' 48" 
North, longitude 122 deg. 13' 40" West (Point 9); thence to latitude 
47 deg. 58' 59" North, longitude 122 deg. 13' 30" West (Point 10); 
thence to latitude 47 deg. 59' 14" North, longitude 122 deg. 13' 18" 
West (Point 11); thence to latitude 47 deg. 59' 13" North, longitude 
122 deg. 13' 12" West (Point 12); thence to latitude 47 deg. 59' 20" 
North, longitude 122 deg. 13' 08" West (Point 13); thence to latitude 
47 deg. 59' 20" North, longitude 122 deg. 13' 02.5" West (Point 14), a 
point upon the Naval Station's shore in the northeast corner of East 
Waterway.
    (b) The regulations. (1) All persons and vessels are prohibited 
from entering the waters within the restricted area for any reason 
without prior written permission from the Commanding Officer of the 
Naval Station Everett.
    (2) Mooring, anchoring, fishing and/or recreational boating shall 
not be allowed within the restricted area without prior written 
permission from the Commanding Officer of the Naval Station Everett.
    (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: August 6, 2001.
Lawrence A. Lang,
Deputy, Operations Division, Directorate of Civil Works.
[FR Doc. 01-20231 Filed 8-10-01; 8:45 am]
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