[Federal Register Volume 67, Number 101 (Friday, May 24, 2002)]
[Rules and Regulations]
[Pages 36524-36525]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-13061]


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DEPARTMENT OF DEFENSE

Corps of Engineers, Department of the Army

33 CFR Part 334


United States Navy Restricted Area, Port Gardner and East 
Waterway, Washington

AGENCY: United States Army Corps of Engineers, DoD.

ACTION: Final rule.

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SUMMARY: The U.S. Army Corps of Engineers is amending its regulations 
to establish a restricted area in waters adjacent to the Everett Naval 
Base at

[[Page 36525]]

Everett, Washington. This action will effectively establish a 300-foot 
restricted zone around moored vessels and major piers of Naval Station 
Everett, and lesser distances from the other piers, basins, and 
shorelines of the installation. The regulations are necessary to ensure 
public safety and meet the Navy's security, safety, and operational 
requirements pertaining to the moorage and movement of major combatants 
and other vessels at a major naval base.

EFFECTIVE DATE: June 24, 2002.

ADDRESSES: U.S. Army Corps of Engineers, ATTN: CECW-OR, 441 G Street, 
NW, Washington, DC 20314-1000.

FOR FURTHER INFORMATION CONTACT: Mr. Frank Torbett, Headquarters 
Regulatory Branch, Washington, DC at (202) 761-4618, or Mr. Jack 
Kennedy, Corps of Engineers, Seattle District, Regulatory Branch, 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 Appropriations Act of 1919 (40 Stat. 892; 33 
U.S.C. 3) the Corps is amending the restricted area regulations in 33 
CFR part 334 by adding a new section 334.1215 which establishes a 
restricted area in waters adjacent to Naval Station Everett at Everett, 
Washington.

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

C. Review Under the National Environmental Policy Act

    The Seattle District has prepared an Environmental Assessment (EA) 
for this action. We have concluded, based on the minor nature of the 
proposed additional restricted area regulations, that this action will 
not have a significant impact to the quality of the human environment, 
and preparation of an Environmental Impact Statement (EIS) is not 
required. The EA may be reviewed at the Seattle District office listed 
at the end of FOR FURTHER INFORMATION CONTACT, above.

D. Unfunded Mandates Act

    This 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.

E. Submission to Congress and the General Accounting Office

    Pursuant to Section 801(a)(1)(A) of the Administrative Procedure 
Act, as amended by the Small Business Regulatory Enforcement Fairness 
Act of 1996, the Army has submitted a report containing this Rule to 
the U.S. Senate, the U.S. House of Representatives, and the Comptroller 
General of the General Accounting Office. This Rule is not a major Rule 
within the meaning of Section 804(2) of the Administrative Procedure 
Act, as amended.

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 amends 33 CFR 
Part 334 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 [sect] 334.1215 to read as follows:


[sect] 334.1215  Port Gardner, Everett Naval Base, Naval Restricted 
Area, Everett, Washington.

    (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 regulation. (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, Naval Station Everettt.
    (c) Enforcement. The regulation in this section, promulgated by the 
United States Army Corps of Engineers, shall be enforced by the 
Commanding Officer, Naval Station Everett and such agencies and persons 
as he/she shall designate.

    Dated: May 9, 2002.
Karen Durham-Aguilera,
Acting Chief, Operations Division, Directorate of Civil Works.
[FR Doc. 02-13061 Filed 5-23-02; 8:45 am]
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