[Federal Register Volume 83, Number 239 (Thursday, December 13, 2018)]
[Rules and Regulations]
[Pages 64024-64026]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27031]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 334


Military Ocean Terminal Concord, CA; Restricted Area

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

ACTION: Direct final rule.

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SUMMARY: The U.S. Army Military Surface Deployment and Distribution

[[Page 64025]]

Command (SDDC) requested that the U.S. Army Corps of Engineers (Corps) 
change the name of a restricted area from ``Suisun Bay at Naval Weapons 
Station, Concord; restricted area'' to ``Military Ocean Terminal 
Concord (MOTCO); restricted area.'' The restricted area is located in 
Suisun Bay, north of the City of Concord, California. The request to 
change the name of the restricted area is due to a transfer of real 
estate from the U.S. Navy to the U.S. Army SDDC. A Memorandum of 
Agreement between the U.S. Navy and the U.S. Army for the interagency 
transfer of base closure property and all associated environmental 
programs for portions of the Naval Weapons Station Seal Beach 
Detachment Concord was signed on January 24, 2007. The SDDC officially 
accepted the former U.S. Navy real estate in Fall 2008 to Winter 2009.

DATES: This rule is effective February 11, 2019 without further notice, 
unless the Corps receives adverse comment by January 14, 2019. If we 
receive such adverse comment, we will publish a timely withdrawal in 
the Federal Register informing the public that this rule will not take 
effect.

ADDRESSES: You may submit comments, identified by docket number COE-
2018-0006, by any of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
    Email: david.b.olson@ ;usace.army.mil. Include the docket number 
COE-2018-0006 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-2018-0006. 
All comments received will be included in the public docket without 
change and may be made available on-line at http://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 
email. The regulations.gov website 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 email directly 
to the Corps without going through regulations.gov, your email 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 compact disc 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.

FOR FURTHER INFORMATION CONTACT: Mr. David Olson, Headquarters, 
Operations and Regulatory Community of Practice, Washington, DC at 202-
761-4922 or Ms. Naomi Schowalter, U.S. Army Corps of Engineers, San 
Francisco District, at 415-503-6763.

SUPPLEMENTARY INFORMATION: By letter dated October 23, 2018, SDDC's 
834th Transportation Battalion Commander requested the restricted area 
name change from ``Suisun Bay at Naval Weapons Station, Concord; 
restricted area'' to ``Military Ocean Terminal Concord (MOTCO); 
restricted area.'' The request was made because of the transfer of the 
restricted area property from the U.S. Navy to the U.S. Army SDDC. In 
response to this request by the SDDC, and 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 regulations in 33 CFR 
part 334 by changing the name of the restricted area.
    The Corps is publishing this rule without prior proposal because we 
view this as a non-controversial amendment and anticipate no adverse 
comment. We are only changing the name of the facility associated with 
this restricted area, and are not changing the restricted area itself 
or the rules governing that restricted area.

Procedural Requirements

    a. Review Under Executive Orders 12866 and 13563. Executive Orders 
12866 and 13563 direct agencies to assess the costs and benefits of 
available regulatory alternatives and, if regulation is necessary, to 
select regulatory approaches that maximize net benefits. Executive 
Order 13771 directs agencies to control regulatory costs through a 
budgeting process. This direct final rule has not been designated a 
``significant regulatory action,'' under Executive Order 12866. 
Accordingly, this direct final rule has not been reviewed by the Office 
of Management and Budget (OMB), and pursuant to OMB guidance it is 
exempt from the requirements of Executive Order 13771.
    The Corps determined this direct final rule is not a significant 
regulatory action. This regulatory action determination is based on 
this direct final rule being limited to a name change for the facility 
associated with the restricted area, from ``Suisun Bay at Naval Weapons 
Station, Concord'' to ``Military Ocean Terminal Concord.'' This direct 
final rule is issued with respect to a military function of the 
Department of Defense.
    b. Review Under the Regulatory Flexibility Act. This rule has been 
reviewed under the Regulatory Flexibility Act (Pub. L. 96-354). The 
Regulatory Flexibility Act generally requires an agency to prepare a 
regulatory flexibility analysis of any rule subject to notice-and-
comment rulemaking requirements under the Administrative Procedure Act 
or any other statute unless the agency certifies that the rule will not 
have a significant economic impact on a substantial number of small 
entities (i.e., small businesses and small governments). This 
rulemaking is limited to changing the name of the facility to which the 
existing regulations apply, and no changes are being made to the 
restricted area itself or to the regulations governing that restricted 
area. Unless information is obtained to the contrary during the comment 
period, the Corps certifies that the direct final rule would have no 
significant economic impact on the public. After considering the 
economic impacts of this direct final rule on small entities, I certify 
that this action will not have a significant impact on a substantial 
number of small entities.
    c. Review Under the National Environmental Policy Act. The Corps 
expects that the direct final rule will not have a significant impact 
to the quality

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of the human environment and, therefore, preparation of an 
environmental impact statement will not be required. An environmental 
assessment will be prepared after the public notice period is closed 
and all comments have been received and considered. If no adverse 
comments are received, the environmental assessment will be prepared 
before the effective date. After the environmental assessment 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. The direct final rule does 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 (Public Laws 
104-4, 109 Stat. 48, 2 U.S.C. 1501 et seq.). 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, Navigation (water), Restricted areas, Waterways.

    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 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. Amend Sec.  334.1110 by revising the section heading and paragraph 
(b) to read as follows:


Sec.  334.1110  Military Ocean Terminal Concord; restricted area.

    (a) * * *
    (b) The regulations. (1) No person, vessel, watercraft, conveyance 
or device shall enter or cause to enter or remain in this area. No 
person shall refuse or fail to remove any person or property in his 
custody or under his control from this area upon the request of the 
Commanding Officer of Military Ocean Terminal Concord or his/her 
authorized representative.
    (2) The regulations in this section shall be enforced by the 
Commanding Officer, Military Ocean Terminal Concord, and such agencies 
as he/she shall designate.

    Dated: December 6, 2018.
Thomas P. Smith,
Chief, Operations and Regulatory Division Directorate of Civil Works.
[FR Doc. 2018-27031 Filed 12-12-18; 8:45 am]
 BILLING CODE 3720-58-P