Naval Restricted Area, Manchester Fuel Depot, Washington; and Naval Restricted Areas, Sinclair Inlet, WA, 78634-78636 [E8-30588]
Download as PDF
<![CDATA[
78634
Federal Register / Vol. 73, No. 247 / Tuesday, December 23, 2008 / Rules and Regulations
Port Townsend Paper Mill and Port
Townsend Marina.
E. A local municipality said that the
Department of the Navy should prepare
an environmental impact statement for
all activities involving the Naval
Magazine Indian Island since 1998,
including the expansion of the restricted
area.
The Corps has prepared an
environmental assessment for this
rulemaking action to expand the
existing restricted area. Other
Department of the Navy activities at this
facility are outside of this rulemaking
action, and will be addressed as
appropriate through separate National
Environmental Policy Act (NEPA)
actions by the Navy.
One commenter requested a public
hearing, expressing concern that
insufficient information was provided
regarding the nature of the potentially
hazardous conditions, from which the
expanded restricted area is intended to
provide protection for the public.
This rulemaking action does not
evaluate or implement any change to the
nature or intensity of U.S. Navy
operations at the Indian Island facility,
but merely enlarges an existing
restricted area in order to provide an
additional safety and security buffer
between the public and those activities.
This rulemaking and its underlying
evaluation focus on the environmental
and public interest impacts of the
expanded restricted area. It does not
evaluate the impacts of present safety
and security conditions at the Indian
Island facility; any changes to those
conditions will be evaluated, as
appropriate, by the Navy. Because the
commenter did not raise reasons for
holding a public hearing reflecting
concerns over the impacts of the
expanded restricted area, we have
determined that no valid public interest
would be served by holding such a
hearing.
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 its regulations at 33
CFR part 334 by modifying the
restricted area at § 334.1270. The
enlarged area will be activated on an
intermittent basis by the U.S. Navy.
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. The rule has been
VerDate Aug<31>2005
15:41 Dec 22, 2008
Jkt 217001
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 has determined that the
modification of this restricted area
would have practically no economic
impact on the public and no anticipated
navigational hazard or interference with
existing waterway traffic. Accordingly,
the Corps certifies that this regulation
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, the Corps
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 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 amends 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. Section 334.1270 is revised to read
as follows:
■
§ 334.1270 Port Townsend, Indian Island,
Walan Point; naval restricted area.
(a) The area. The waters of Port
Townsend Bay bounded by a line
PO 00000
Frm 00036
Fmt 4700
Sfmt 4700
commencing on the north shore of
Walan Point at latitude 48°04′42″ North,
longitude 122°44′30″ West (Point A);
thence to latitude 48°04′50″ North,
longitude 122°44′38″ West (Point B);
thence to latitude 48°04′52″ North,
longitude 122°44′57″ West (Point C);
thence to latitude 48°04′44″ North,
longitude 122°45′12″ West (Point D);
thence to latitude 48°04′26″ North,
longitude 122°45′21″ West (Point E);
thence to latitude 48°04′10″ North,
longitude 122°45′15″ West (Point F);
thence to latitude 48°04′07″ North,
longitude 122°44′49″ West (Point G);
thence to a point on the Walan Point
shoreline at latitude 48°04′16″ North,
longitude 122°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: December 18, 2008.
Jonathan A. Davis,
Acting Deputy Chief, Operations, Directorate
of Civil Works.
[FR Doc. E8–30590 Filed 12–22–08; 8:45 am]
BILLING CODE 3710–92–P
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.
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,
E:\FR\FM\23DER1.SGM
23DER1
Federal Register / Vol. 73, No. 247 / Tuesday, December 23, 2008 / Rules and Regulations
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
david.b.olson@usace.army.mil.
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 § 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.
VerDate Aug<31>2005
15:41 Dec 22, 2008
Jkt 217001
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 § 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
§ 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.
PO 00000
Frm 00037
Fmt 4700
Sfmt 4700
78635
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.
■ 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
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. Revise § 334.1240 to read as
follows:
■
§ 334.1240
areas.
Sinclair Inlet; naval restricted
(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
E:\FR\FM\23DER1.SGM
23DER1
78636
Federal Register / Vol. 73, No. 247 / Tuesday, December 23, 2008 / Rules and Regulations
latitude 47°33′48″ North, longitude
122°37′23″ West on the north shore of
Sinclair Inlet; and latitude 47°32′52″
North, longitude 122°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°33′40″ North, longitude
122°37′32″ West (Point A); thence south
to latitude 47°33′36″ North, longitude
122°37′30″ West (Point B); thence
southwest to latitude 47°33′23″ North,
longitude 122°37′45″ West (Point C);
thence southwest to latitude 47°33′19″
North, longitude 122°38′12″ West (Point
D); thence southwest to latitude
47°33′10″ North, longitude 122°38′19″
West (Point E); thence southwest to
latitude 47°33′07″ North, longitude
122°38′29″ West (Point F); thence
southwest to latitude 47°33′04″ North,
longitude 122°39′07″ West (Point G);
thence west to the north shore of
Sinclair Inlet at latitude 47°33′04.11″
North, longitude 122°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 § 334.1244 to read as follows:
§ 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°33′55″ North,
longitude 122°31′55″, West; thence to
latitude 47°33′37″ North, longitude
122°31′50″, West (Point B); thence to
latitude 47°33′32″ North, longitude
122°32′06″, West (Point C); thence to
latitude 47°33′45.9″ North, longitude
122°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
VerDate Aug<31>2005
15:41 Dec 22, 2008
Jkt 217001
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]
request to the contact person listed
under this section.
SUPPLEMENTARY INFORMATION: This is the
second set of corrections to these
regulations. The first set of corrections
was published in the Federal Register
on November 28, 2008 (73 FR 72352).
Electronic Access to This Document:
You can view this document, as well as
all other documents of this Department
published in the Federal Register, in
text or Adobe Portable Document
Format (PDF) on the Internet at the
following site: https://www.ed.gov/news/
fedregister.
To use PDF you must have Adobe
Acrobat Reader, which is available free
at this site. If you have questions about
using PDF, call the U.S. Government
Printing Office (GPO), toll free, at 1–
888–293–6498; or in the Washington,
DC, area at (202) 512–1530.
34 CFR Part 200
Note: The official version of this document
is the document published in the Federal
Register. Free Internet access to the official
edition of the Federal Register and the Code
of Federal Regulations is available on GPO
Access at: https://www.gpoaccess.gov/nara/
index.html.
RIN 1810–AB01
List of Subjects in 34 CFR Part 200
[Docket ID ED–2008–OESE–0003]
Administrative practice and
procedure, Adult education, Children,
Education of children with disabilities,
Education of disadvantaged children,
Elementary and secondary education,
Eligibility, Family-centered education,
Grant programs—mducation, Indians—
education, Infants and children,
Institutions of higher education,
Juvenile delinquency, Local educational
agencies, Migrant labor, Nonprofit
private agencies, Private schools, Public
agencies, Reporting and recordkeeping
requirements, State-administered
programs, State educational agencies.
■ Accordingly, 34 CFR part 200 is
corrected by making the following
correcting amendments:
BILLING CODE 3710–92–P
DEPARTMENT OF EDUCATION
Title I—Improving the Academic
Achievement of the Disadvantaged
AGENCY: Office of Elementary and
Secondary Education, Department of
Education.
ACTION: Final rule; correction.
SUMMARY: The Department of Education
is correcting a final regulation that was
published in the Federal Register on
October 29, 2008 (73 FR 64436). The
final regulations clarified and
strengthened the Title I regulations in
the areas of assessment, accountability,
public school choice, and supplemental
educational services.
DATES: Effective December 23, 2008.
FOR FURTHER INFORMATION CONTACT:
Zollie Stevenson, Jr., Director, Student
Achievement and School Accountability
Programs, Office of Elementary and
Secondary Education, U.S. Department
of Education, 400 Maryland Avenue,
SW., room 3W230, Washington, DC
20202–6132. Telephone: (202) 260–
1824.
If you use a telecommunications
device for the deaf (TDD), you may call
the Federal Relay Service (FRS) at
1–800–877–8339.
Individuals with disabilities can
obtain this document in an accessible
format (e.g., braille, large print,
audiotape, or computer diskette) on
PO 00000
Frm 00038
Fmt 4700
Sfmt 4700
PART 200—TITLE I—IMPROVING THE
ACADEMIC ACHIEVEMENT OF THE
DISADVANTAGED
1. The authority citation for part 200
continues to read as follows:
■
Authority: 20 U.S.C. 6301 through 6578,
unless otherwise noted.
§ 200.7
[Amended]
2. Section 200.7 is amended by:
A. In paragraph (b)(3), removing the
words ‘‘adequate yearly progress’’ and
adding, in their place, the word ‘‘AYP’’.
■ B. In paragraph (b)(4), removing the
words ‘‘adequate yearly progress’’ and
adding, in their place, the word ‘‘AYP’’.
■
■
E:\FR\FM\23DER1.SGM
23DER1
]]>Agencies
[Federal Register Volume 73, Number 247 (Tuesday, December 23, 2008)]
[Rules and Regulations]
[Pages 78634-78636]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-30588]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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
david.b.olson@usace.army.mil.
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
