[Federal Register Volume 73, Number 247 (Tuesday, December 23, 2008)]
[Rules and Regulations]
[Pages 78634-78636]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-30588]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 334


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

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

ACTION: Final rule.

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SUMMARY: The U.S. Army Corps of Engineers (Corps) is issuing a final 
rule establishing a restricted area within Puget Sound at Orchard 
Point, at the U.S. Navy Manchester Fuel Depot, near Manchester. The 
Corps is also amending an existing regulation for restricted areas 
within Sinclair Inlet at the Naval Base Kitsap-Bremerton and the Puget 
Sound Naval Shipyard, at the City of Bremerton, Kitsap County. The 
purpose of the new restricted area is to ensure the security and safety 
of the public,

[[Page 78635]]

and satisfy security, safety and operational requirements as they 
pertain to naval vessels. The purpose of the amended restricted area is 
also to ensure the security and safety of the public, and satisfy 
security, safety and operational requirements as they pertain to naval 
vessels, in addition to releasing for unimpeded transit of Washington 
State Ferries the eastern most area of the established restricted area. 
The restricted areas will be marked on navigation charts to ensure 
security and safety for the public.

DATES: Effective date: January 22, 2009.

ADDRESSES: U.S. Army Corps of Engineers, Attn: CECW-CO (David B. 
Olson), 441 G Street, NW., Washington, DC 20314-1000, or by e-mail to 
[email protected].

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. Vicky 
Didenhover of the Regulatory Branch, U.S. Army Corps of Engineers, 
Seattle District, at 206-764-3311.

SUPPLEMENTARY INFORMATION: In the July 31, 2007, issue of the Federal 
Register (72 FR 41655), the Corps published a proposed rule to 
establish a new restricted area and to amend an existing restricted 
area in Puget Sound and Sinclair Inlet, Washington.
    In response to the proposed rule, we received one comment 
expressing concerns regarding the proposed restricted area for 
Manchester Fuel Depot:
    A. Location of restricted area: The commenter expressed concern 
regarding the description of the location of the restricted area in 
relation to Orchard Point.
    We agree that the fuel pier is best described as located south of 
Orchard Point. Paragraph (b) of Sec.  334.1244 has been modified to 
state that the fuel pier is located south of Orchard Point.
    B. Marking of restricted area: The commenter expressed concern that 
he and his neighbors would have to ``travel a little further'' to clear 
the restricted area and asked if the South East corner could be marked 
in order to avoid unintentional incursions.
    Marking would most likely entail establishing a permanent buoy or 
structure in the Rich Passage area. At this time, the Navy has no plans 
to mark a restricted area that will be implemented only on an 
intermittent basis.
    C. Noise created by vessels pounding against the pier: The 
commenter indicated that at certain times moored vessels pound noisily 
against the fuel pier or camels, due to wind or waves.
    The establishment of a restricted area does not affect how vessels 
are moored at the pier. The noise complaint is more appropriately 
addressed by the Navy through separate administrative processes.
    D. When the restricted areas are active: The commenter contended 
that the restricted area would only be active during loading/unloading 
operations, as articulated in the proposed rule, but should more 
appropriately remain active the entire time the ship is at the pier.
    The restricted area, which is to be in effect whenever pier 
operations preclude safe entry, will give the Navy flexibility to keep 
the restrictions active anytime a ship is at the pier, not merely 
during fueling operations.
    E. The restricted area is ineffective without a physical barrier: 
The commenter asserted that some sort of physical barrier would be 
needed to provide effective security.
    The establishment of a restricted area provides a legal basis upon 
which the public may be excluded from access and thus constitutes a 
legal action, not a physical action. There are currently no plans to 
install a physical barrier at Manchester Fuel Depot.
    No comments were received on the proposed changes to the restricted 
area regulation for Sinclair Inlet.
    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 
amending the restricted area regulations in 33 CFR part 334 by adding 
Sec.  334.1244 for the Manchester Fuel Depot, the creation of which is 
intermittent and subject to activation by the U.S. Navy. We are also 
amending the restricted area regulations in 33 CFR part 334 by 
modifying the area at Sec.  334.1240, which creates a permanent 
enlargement near Pier D at Naval Base Kitsap-Bremerton and deletes the 
northeastern-most section of the restricted area.

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, 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). We have determined that the 
establishment of the new restricted area and the amendment of the 
existing restricted area would have practically no economic impact on 
the public and no anticipated navigational hazard or interference with 
existing waterway traffic. Accordingly, we certify that this rule will 
have no significant economic impact on small entities.
    c. Review Under the National Environmental Policy Act. Due to the 
administrative nature of this action and because there is no intended 
change in the use of the area, we have determined that this rule will 
not have a significant impact to the quality of the human environment 
and, therefore, preparation of an environmental impact statement is not 
required. An environmental assessment with a Finding of No Significant 
Impact has been prepared for this action in accordance with applicable 
regulations. It may be reviewed at the District office listed at the 
end of FOR FURTHER INFORMATION CONTACT, above.
    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 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 rule.

List of Subjects in 33 CFR Part 334

    Danger zones, Marine safety, Navigation (water), Restricted areas, 
Waterways.

0
For the reasons set out in the preamble, the Corps amends 33 CFR Part 
334 as follows:

PART 334--DANGER ZONE AND RESTRICTED AREA REGULATIONS

0
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).


0
2. Revise Sec.  334.1240 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

[[Page 78636]]

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 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.

0
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 south 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: December 18, 2008.
Jonathan A. Davis,
Acting Deputy Chief, Operations, Directorate of Civil Works.
[FR Doc. E8-30588 Filed 12-22-08; 8:45 am]
BILLING CODE 3710-92-P