[Federal Register Volume 72, Number 146 (Tuesday, July 31, 2007)]
[Proposed Rules]
[Pages 41654-41655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-14650]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Department of the Army; Corps of Engineers

33 CFR Part 334


Naval Restricted Area, Port Townsend, Indian Island, Walan Point, 
WA

AGENCY: U.S. Army Corps of Engineers, DoD.

ACTION: Notice of proposed rulemaking and request for comments.

-----------------------------------------------------------------------

SUMMARY: The U.S. Army Corps of Engineers (Corps) is proposing to amend 
its regulations for the restricted area established in the waters of 
Port Townsend Bay off Puget Sound adjacent to Naval Magazine Indian 
Island, Jefferson County, Washington. The amendments will enable the 
affected units of the United States military to enhance safety and 
security around an active military establishment. The regulations are 
necessary to safeguard military vessels and United States government 
facilities from sabotage and other subversive acts, accidents, or 
incidents of similar nature. The regulations are also necessary to 
protect the public from potentially hazardous conditions that may exist 
as a result of military use of the area.

DATES: Written comments must be submitted on or before August 30, 2007.

ADDRESSES: You may submit comments, identified by docket number COE-
2007-0020, by any of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
    E-mail: [email protected]. Include the docket number 
COE-2007-0020 in the subject line of the message.
    Mail: U.S. Army Corps of Engineers, Attn: CECW-CO (David B. Olson), 
441 G Street, NW., Washington, DC 20314-1000.
    Hand Delivery/Courier: Due to security requirements, we cannot 
receive comments by hand delivery or courier.
    Instructions: Direct your comments to docket number COE-2007-0020. 
All comments received will be included in the public docket without 
change and may be made available on-line at http://www.regulations.gov, 
including any personal information provided, unless the commenter 
indicates that the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI, or otherwise protected, through regulations.gov or 
e-mail. The regulations.gov Web site is an anonymous access system, 
which means we will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an e-
mail directly to the Corps without going through regulations.gov, your 
e-mail address will be automatically captured and included as part of 
the comment that is placed in the public docket and made available on 
the Internet. If you submit an electronic comment, we recommend that 
you include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If we cannot read your 
comment because of technical difficulties and cannot contact you for 
clarification, we may not be able to consider your comment. Electronic 
comments should avoid the use of any special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: For access to the docket to read background documents or 
comments received, go to www.regulations.gov. All documents in the 
docket are listed. Although listed in the index, some information is 
not publicly available, such as CBI or other information whose 
disclosure is restricted by statute. Certain other material, such as 
copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form.
    Consideration will be given to all comments received within 30 days 
of the date of publication of this notice.

FOR FURTHER INFORMATION CONTACT: Mr. David Olson, Headquarters, 
Operations and Regulatory Community of Practice, Washington, DC at 202-
761-4922; Ms. Michelle Walker, Regulatory Branch Chief, U.S. Army Corps 
of Engineers, Seattle District, Northwest Division, at 206-764-6915; or 
Ms. Koko Ekendiz of the Regulatory Branch, U.S. Army Corps

[[Page 41655]]

of Engineers, Seattle District, at 206-764-6878.

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 proposing to amend the restricted area 
regulations in 33 CFR part 334 by modifying the area at Sec.  334.1270. 
The proposed modification to this existing restricted area is described 
below. This request has been made to increase safety and security of 
naval operations at Naval Magazine, Indian Island.
    In addition to the publication of the proposed rule, the Seattle 
District Engineer is concurrently soliciting public comment on the 
proposed rule 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 United States 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, 
5 U.S.C. 601) 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 proposed 
modification to the existing restricted area would have practically no 
economic impact on the public, and would create no anticipated 
navigational hazard or interference with existing waterway traffic.
    c. Review Under the National Environmental Policy Act. The Corps 
has concluded, based on the minor nature of the proposed rule, that the 
addition of and amendment to a restricted area, if adopted, will not be 
a major federal action having a significant impact on the quality of 
the human environment, and preparation of an environmental impact 
statement is not required. An environmental assessment will be prepared 
after all comments have been received and considered. After it is 
prepared, the environmental assessment may be reviewed at the district 
office listed at the end of the FOR FURTHER INFORMATION CONTACT, above.
    d. Unfunded Mandates Act. The 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 Reform Act (Pub. L. 104-
4). We have also found under Section 203 of the Act, that small 
governments will not be significantly or 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, the Corps proposes to 
amend a portion of 33 CFR part 334 as follows:

PART 334--DANGER ZONE AND RESTRICTED AREA REGULATIONS

    1. The authority citation for 33 CFR 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. Amend Sec.  334.1270 by revising paragraphs (a) and (b) and 
adding paragraph (c) to read as follows:


Sec.  334.1270  Port Townsend, Indian Island, Walan Point; naval 
restricted area.

    (a) The area. The waters of Port Townsend Bay bounded by a line 
commencing on the north shore of Walan Point at latitude 48[deg]04'42'' 
North, longitude 122[deg]44'30'' West (Point A); thence to latitude 
48[deg]04''50'' North, longitude 122[deg]44'38'' West (Point B); thence 
to latitude 48[deg]04'52'' North, latitude 122[deg]44'57'' West (Point 
C); thence to latitude 48[deg]04'44'' North, longitude 122[deg]45'12'' 
West (Point D); thence to latitude 48[deg]04'26'' North, longitude 
122[deg]45'21'' West (Point E); thence to latitude 48[deg]04'10'' 
North, longitude 122[deg]45'15'' West (Point F); thence to latitude 
48[deg]04'07'' North, longitude 122[deg]44'49'' West (Point G); thence 
to a point on the Walan Point shoreline at latitude 48[deg]04'16'' 
North, longitude 122[deg]44'37'' West (Point H).
    (b) The regulations. This area is for the exclusive use of the U.S. 
Navy. No person, vessel, craft, article or thing shall enter the area 
without permission from the enforcing agency. The restriction shall 
apply during periods when ship loading and/or pier operations preclude 
safe entry. The periods will be identified by flying a red flag from 
the ship and/or pier.
    (c) Enforcement. The regulation in this section shall be enforced 
by Commander, Navy Region Northwest and such agencies and persons as 
he/she shall designate.

    Dated: July 25, 2007.
Mark Sudol,
Acting Chief, Operations, Directorate of Civil Works.
[FR Doc. E7-14650 Filed 7-30-07; 8:45 am]
BILLING CODE 3710-92-P