[Federal Register Volume 67, Number 149 (Friday, August 2, 2002)]
[Proposed Rules]
[Pages 50389-50390]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-19589]


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DEPARTMENT OF DEFENSE

Corps of Engineers, Department of the Army

33 CFR Part 334


Naval Restricted Area, Naval Submarine Base Bangor, Bangor, WA

AGENCY: U.S. 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 amend its regulations 
which establish a restricted area in the waters of Hood Canal adjacent 
to Naval Submarine Base Bangor, at Bangor, Washington. This amendment 
will enlarge the existing naval restricted area, and change the 
enforcement responsibility from Commander, Naval Base, Seattle, 
Washington (now Commander, Navy Region Northwest) to Commander, Naval 
Submarine Base Bangor. The amendment to the regulation is necessary to 
increase the protection of Navy strategic assets moored at Naval 
Submarine Base Bangor.

DATES: Comments must be submitted on or before September 3, 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 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 amending Section 334.1220 to enlarge the presently established 
naval restricted Area 1, in Hood Canal, adjacent to the submarine base. 
The present boundaries of Area 1 provide a minimum 150-yard restriction 
from the shoreline of the submarine base and 300-yard restriction from 
submarine moorage facilities. The amendment would extend the restricted 
area an average 300 yards further out into Hood Canal, and provide a 
500-yard restriction adjacent to the submarine moorage. At its 
narrowest point along the length of Area 1, Hood Canal is over a mile 
wide.
    With the enlarged naval restricted area implemented, over 1400 
yards of deep water would remain in the center and western thirds of 
Hood Canal, sufficient for the unimpeded passage of recreational and 
fishing vessels typically using the area, and equally sufficient for 
larger commercial vessels that occasionally transit the area.

Procedural Reguirements

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

[[Page 50390]]

(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 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. Revise Sec. 334.1220 to read as follows:


Sec. 334.1220  Hood Canal, Bangor; naval restricted areas.

    (a) Hood Canal, Bangor; Naval restricted areas--(1) Area No. 1. 
That area bounded by a line commencing on the east shore of Hood Canal 
at latitude 47 deg.46'18'' N, longitude 122 deg.42'18" W; thence 
latitude 47 deg.46'32" N, longitude 122 deg.42'20" W; thence to 
latitude 47 deg.46'38" N, longitude 122 deg.42'52" W; thence to 
latitude 47 deg.44'15" N, longitude 122 deg.44'50" W; thence to 
latitude 47 deg.43'53" N, longitude 122 deg.44'58" W; thence to 
latitude 47 deg.43'17" N, longitude 122 deg.44'49" W.
    (2) Area No. 2. Waters of Hood Canal within a circle of 1,000 yards 
diameter centered on a point located at latitude 47 deg.46'26" N, 
longitude 122 deg.42'49" W.
    (3) The regulations--(i) Area No. 1. No person or vessel shall 
enter this area without permission from the Commander, Naval Submarine 
Base Bangor, or his/her authorized representative.
    (ii) Area No. 2. (A) The area will be used intermittently by the 
Navy for magnetic silencing operations.
    (B) Use of any equipment such as anchors, grapnels, etc., which may 
foul underwater installations within the restricted area, is prohibited 
at all times.
    (C) Dumping of any nonbuoyant objects in this area is prohibited.
    (D) Navigation will be permitted within that portion of this 
circular area not lying within Area No. 1 at all times except when 
magnetic silencing operations are in progress.
    (E) When magnetic silencing operations are in progress, use of the 
area will be indicated by display of quick flashing red beacons on the 
pier located in the southeast quadrant of the area.
    (4) Enforcement. The regulations in this section shall be enforced 
by the Commander, Naval Submarine Base Bangor, or his/her authorized 
representative.
    (b) [Reserved]

    Dated: July 19, 2002.
Michael G. Ensch,
Acting Chief, Operations Division, Directorate of Civil Works.
[FR Doc. 02-19589 Filed 8-1-02; 8:45 am]
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