[Federal Register Volume 72, Number 146 (Tuesday, July 31, 2007)]
[Proposed Rules]
[Pages 41655-41657]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-14652]


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DEPARTMENT OF DEFENSE

Department of the Army; Corps of Engineers

33 CFR Part 334


Naval Restricted Area, Manchester Fuel Depot, WA; and Naval 
Restricted Areas, Sinclair Inlet, WA

AGENCY: U.S. 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 (Corps) is proposing to amend 
its regulations to establish a restricted area in the waters of Puget 
Sound adjacent to the Manchester Fuel Depot near Manchester, Kitsap 
County, Washington. The Corps is also proposing to amend the existing 
regulations that established the restricted areas in the waters of 
Sinclair Inlet, Puget Sound adjacent to Naval Base Kitsap Bremerton, 
Kitsap County, Washington. The proposed amendments will enable the 
affected units of the United States military to enhance safety and 
security around active military establishments. 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-
2007-0019, 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-2007-0019 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-2007-0019. 
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,

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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, 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 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 add a new regulation at 33 CFR 
334.1244 to establish a restricted area that would surround the 
Manchester Fuel Depot pier during times of active fueling. The 
restricted area would establish a no-entry zone around the fueling pier 
during active fueling. The U.S. Navy would alert the public by 
utilizing flashing lights on the pier.
    Under the same authorities noted above, the Corps is also proposing 
to amend the restricted area regulations in 33 CFR part 334 by 
modifying the areas at Sec.  334.1240. The proposed modifications to 
the existing restricted areas are described below. This request has 
been made to clarify that Washington State Ferries on established 
routes are exempt from the restrictions for Area 1, disestablish a 
portion of Area 2 by the Washington State Ferry terminal, and enlarge a 
portion of Area 2 near Mooring E.
    In addition to the publication of these proposed rules, the Seattle 
District Engineer is concurrently soliciting public comment on the 
proposed rules by distribution of a public notice to all known 
interested parties.

Procedural Requirements

    a. Review Under Executive Order 12866. These proposed rules were 
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. These proposed 
rules have 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 addition 
of, and proposed modification to, the existing restricted areas would 
have practically no economic impact on the public, and would create no 
anticipated navigational hazard or interference with existing waterway 
traffic. Accordingly, it is certified that this proposal if adopted, 
will not have a significant economic impact on a substantial number of 
small entities.
    c. Review Under the National Environmental Policy Act. The Corps 
has concluded, based on the minor nature of the proposed rules, that 
the establishment of a new restricted area at Manchester and amendments 
to the restricted areas in Sinclair Inlet, if adopted, would 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 the 
public notice period is closed and all comments have been received and 
considered. After it is prepared, it may be reviewed at the District 
office listed at the end of the FOR FURTHER INFORMATION CONTACT, above.
    d. Unfunded Mandates Act. These proposed rules do not impose an 
enforceable duty among the private sector and, therefore, are not a 
Federal private sector mandate and are 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 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.  334.1240 by revising paragraphs (a) and (b) to read 
as follows:


Sec.  334.1240  Sinclair Inlet; naval restricted areas.

    (a) Sinclair Inlet: naval restricted areas--(1) Area No. 1. All the 
waters of Sinclair Inlet westerly of a line drawn from the Bremerton 
Ferry Landing at latitude 47[deg]33'48'' North, longitude 
122[deg]37'23'' West on the north shore of Sinclair Inlet; and latitude 
47[deg]32'52'' North, longitude 122[deg]36'58'' West, on the south 
shore of Sinclair Inlet.
    (2) Area No. 2. That area of Sinclair Inlet to the north and west 
of an area bounded by a line commencing at latitude 47[deg]33'40'' 
North, longitude 122[deg]37'32'' West (Point A); thence south to 
latitude 47[deg]33'36'' North, longitude 122[deg]37'30'' West (Point 
B); thence southwest to latitude 47[deg]33'23'' North, longitude 
122[deg]37'45'' West (Point C); thence southwest to latitude 
47[deg]33'19'' North, longitude 122[deg]38'12'' West (Point D); thence 
southwest to latitude 47[deg]33'10'' North, longitude 122[deg]38'19'' 
West (Point E); thence southwest to latitude 47[deg]33'07'' North, 
longitude 122[deg]38'29'' West (Point F); thence southwest to latitude 
47[deg]33'04'' North, longitude 122[deg]39'07'' West (Point G); thence 
west to the north shore of

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Sinclair Inlet at latitude 47[deg]33'04.11'' North, longitude 
122[deg]39'41.92'' West (Point H).
    (3) The regulations--(i) Area No. 1. No vessel of more than, or 
equal to, 100 gross tons shall enter the area or navigate therein 
without permission from the enforcing agency, except Washington State 
Ferries on established routes.
    (ii) Area No. 2. This area is for the exclusive use of the United 
States Navy. No person, vessel, craft, article or thing, except those 
under supervision of military or naval authority shall enter this area 
without permission from the enforcing agency.
    (b) Enforcement. The regulation in this section shall be enforced 
by the Commander, Navy Region Northwest, and such agencies and persons 
as he/she shall designate.
    3. Add Sec.  334.1244 to read as follows:


Sec.  334.1244  Puget Sound, Manchester Fuel Depot, Manchester, 
Washington; Naval Restricted Area.

    (a) The area. The waters of Puget Sound surrounding the Manchester 
Fuel Depot Point A, a point along the northern shoreline of the 
Manchester Fuel Depot at latitude 47[deg]33'55'' North, longitude 
122[deg]31'55'' West; thence to latitude 47[deg]33'37'' North, 
longitude 122[deg]31'50'' West (Point B); thence to latitude 
47[deg]33'32'' North, longitude 122[deg]32'06'' West (Point C); thence 
to latitude 47[deg]33'45.9'' North, longitude 122[deg]32'16.04'' West 
(Point D), a point in Puget Sound on the southern shoreline of the 
Manchester Fuel Depot.
    (b) The regulations. No person, vessel, craft, article or thing 
except those under the supervision of the military or naval authority 
shall enter the area without the permission of the enforcing agency or 
his/her designees. The restriction shall apply during periods when a 
ship is loading and/or pier operations preclude safe entry. The 
restricted periods will be identified by the use of quick-flashing 
beacon lights, which are mounted on poles at the end of the main fuel 
pier on the north side of Orchard Point at the entrance of Rich 
Passage. Entry into the area is prohibited when the quick-flashing 
beacons are in a flashing mode.
    (c) Enforcement. The regulation in this section shall be enforced 
by the 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. E7-14652 Filed 7-30-07; 8:45 am]
BILLING CODE 3710-92-P