[Federal Register Volume 68, Number 57 (Tuesday, March 25, 2003)]
[Proposed Rules]
[Pages 14364-14365]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-6967]


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DEPARTMENT OF DEFENSE

Corps of Engineers, Department of the Army

33 CFR Part 334


United States Naval Restricted Area, Manchester Fuel Depot, 
Manchester, WA

AGENCY: Army Corps of Engineers, DoD.

ACTION: Notice of proposed rulemaking and request for comments.

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SUMMARY: The U. S. Army Corps of Engineers is proposing to establish a 
new restricted area in the waters of Rich Passage and Puget Sound 
surrounding the Manchester Fuel Depot at Manchester, Washington. The 
designation would ensure public safety and satisfy the Navy's security, 
safety, and operational requirements as they pertain to vessels at the 
Manchester Fuel Depot by establishing an area into

[[Page 14365]]

which unauthorized vessels and persons may not enter.

DATES: Comments must be submitted on or before April 24, 2003.

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 establishing a new restricted area at Sec.  334.1244, in the 
waters of Rich Passage and Puget Sound surrounding the Manchester Fuel 
Depot at Manchester, Washington. The points defining the proposed 
restricted area were selected to avoid interference with ferryboats and 
other users of the adjacent traffic lanes of Rich Passage, and to 
minimize the restricted area's interference with nearby fish pens in 
Clam Bay and Rich Passage. In addition to the publication of this 
proposed rule, the Seattle District Engineer is concurrently soliciting 
public comment on these proposed rules by distribution of a public 
notice to all known interested parties.

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 (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 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 EA will 
be be available for review at the Seattle District office listed at the 
end of the FOR FURTHER INFORMATION CONTACT paragraph 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, Navigation (water), 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. Section 334.1244 is added to read as follows:


Sec.  334.1244  Rich Passage, Manchester Fuel Depot, Manchester, 
Washington; Naval Restricted Area.

    (a) The area. The waters of Rich Passage and Puget Sound 
surrounding the Manchester Fuel Depot Point A, a point along the 
northern shore of the fuel depot at latitude 47[deg]34' 03'' North, 
longitude 122[deg]32' 17'' West; thence to latitude 47[deg]34' 00'' 
North, longitude 122[deg]31' 50'' West (Point B); thence to latitude 
47[deg]33' 37'' North, longitude 122[deg]31' 50'' West (Point C); 
thence to latitude 47[deg]33' 32'' North, longitude 122[deg]32' 06'' 
West (Point D); thence to latitude 47[deg]33' 45'' North, longitude 
122[deg]32' 20'' West (Point E), a point in Puget Sound on the southern 
shoreline of the Manchester Fuel Depot.
    (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 Officer in Charge of the Manchester 
Fuel Depot.
    (2) Mooring, anchoring, fishing, transit and/or swimming shall not 
be allowed within the restricted area without prior written permission 
from the Officer in Charge of the Manchester Fuel Depot.
    (c) Enforcement. The regulation in this section shall be enforced 
by the Officer in Charge of the Manchester Fuel Depot, and such 
agencies and persons as he/she shall designate.

    Approved: February 20, 2003.
Lawrence A. Lang,
Acting Chief, Operations Division, Directorate of Civil Works.
[FR Doc. 03-6967 Filed 3-24-03; 8:45 am]
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