[Federal Register Volume 69, Number 2 (Monday, January 5, 2004)]
[Rules and Regulations]
[Pages 271-272]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-88]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 334


United States Navy Restricted Area, Hood Canal, Naval Submarine 
Base Bangor, Bangor, WA

AGENCY: United States Army Corps of Engineers, Department of Defense.

ACTION: Final rule.

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SUMMARY: The Corps of Engineers is amending existing regulations to 
expand the existing restricted area in the waters of Hood Canal 
adjacent to Naval Submarine Base Bangor, at Bangor, Washington. This 
amendment also changes the enforcement responsibility from Commander, 
Naval Base, Seattle, Washington (now Commander, Navy Region Northwest) 
to Commander, Naval Submarine Base Bangor. The purpose of the amendment 
is to increase the protection of Navy strategic assets moored at Naval 
Submarine Base Bangor.

EFFECTIVE DATE: February 4, 2004.

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 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 is amending the restricted area regulations in 33 
CFR part 334 by amending Sec.  334.1220 to enlarge the presently 
established naval restricted Area 1, in Hood Canal, adjacent to Naval 
Submarine Base Bangor, at Bangor, 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 
(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 enlargement 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. The District has concluded that this action will not 
have a significant impact on the quality of the human environment, and 
preparation of an Environmental Impact Statement is not required. The 
EA may be reviewed at the Seattle District Office listed at the end of 
FOR FURTHER INFORMATION CONTACT, above.

[[Page 272]]

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. The District has 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.

0
For the reasons set out in the preamble, we are amending 33 CFR Part 
334 to read as follows:

PART 334--DANGER ZONE AND RESTRICTED AREA REGULATIONS.

0
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)


0
2. Revise section 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 subsection shall be 
enforced by the Commander, Naval Submarine Base Bangor, or his/her 
authorized representative.

    Dated: December 29, 2003.
Lawrence A. Lang,
Deputy Chief, Operations Division, Directorate of Civil Works.
[FR Doc. 04-88 Filed 1-2-04; 8:45 am]
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