Naval Restricted Area, Port Townsend, Indian Island, Walan Point, WA, 78633-78634 [E8-30590]
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Federal Register / Vol. 73, No. 247 / Tuesday, December 23, 2008 / Rules and Regulations
arbitration, or administrative
proceedings;
(3) Initiation and conduct of domestic
U.S. legal, arbitration, or administrative
proceedings in defense of property
interests subject to U.S. jurisdiction;
(4) Representation of persons before
any federal or state agency with respect
to the imposition, administration, or
enforcement of U.S. sanctions against
such persons;
(5) Representation of persons,
wherever located, detained within the
jurisdiction of the United States or by
the United States government, with
respect to either such detention or any
charges made against such persons,
including, but not limited to, the
conduct of military commission
prosecutions and the initiation and
conduct of federal court proceedings;
and
(6) Provision of legal services in any
other context in which prevailing U.S.
law requires access to legal counsel at
public expense.
(b) The provision of any other legal
services to persons whose property or
interests in property are blocked
pursuant to § 595.201(a), not otherwise
authorized in this part, requires the
issuance of a specific license.
(c) Entry into a settlement agreement
affecting property or interests in
property or the enforcement of any lien,
judgment, arbitral award, decree, or
other order through execution,
garnishment, or other judicial process
purporting to transfer or otherwise alter
or affect property or interests in
property blocked pursuant to
§ 595.201(a) is prohibited except to the
extent otherwise provided by law or
unless specifically licensed in
accordance with § 595.202(e).
located, detained within the jurisdiction
of the United States or by the United
States government, with respect to
either such detention or any charges
made against such agent, including, but
not limited to, the conduct of military
commission prosecutions and the
initiation and conduct of federal court
proceedings;
*
*
*
*
*
Dated: December 17, 2008.
Adam J. Szubin,
Director, Office of Foreign Assets Control.
[FR Doc. E8–30532 Filed 12–22–08; 8:45 am]
BILLING CODE 4811–45–P
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:
Final rule.
SUMMARY: The U.S. Army Corps of
Engineers (Corps) is issuing a final rule
to enlarge an existing restricted area
within Port Townsend Bay, Indian
Island, Walan Point, Washington. The
purpose of the restricted area is to
ensure the security and safety of the
public, and satisfy security, safety and
operational requirements as they pertain
to naval vessels. The restricted area will
be marked on navigation charts to
ensure security and safety for the
public.
Effective Date: January 22, 2009.
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.
DATES:
PART 597—FOREIGN TERRORIST
ORGANIZATIONS SANCTIONS
REGULATIONS
ADDRESSES:
5. The authority citation for part 597
continues to read as follows:
■
Authority: 31 U.S.C. 321(b); Pub. L. 101–
410, 104 Stat. 890 (28 U.S.C. 2461 note); Pub.
L. 104–132, 110 Stat. 1214, 1248–53 (8 U.S.C.
1189, 18 U.S.C. 2339B).
Subpart E—Licenses, Authorizations,
and Statements of Licensing Policy
6. Amend § 597.505 by redesignating
existing paragraphs (e) and (f) as (f) and
(g), respectively, and adding a new
paragraph (e) to read as follows:
■
§ 597.505
services.
Payment for certain legal
*
*
*
*
*
(e) Representation of an agent of a
foreign terrorist organization, wherever
VerDate Aug<31>2005
15:41 Dec 22, 2008
Jkt 217001
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 41654), the Corps published a
proposed rule to enlarge an existing
restricted area in Port Townsend Bay,
Indian Island, Walan Point, Washington.
PO 00000
Frm 00035
Fmt 4700
Sfmt 4700
78633
In response to the proposed rule, we
received 10 comments, two of which
expressed support for the enlarged area.
The remaining comments expressed the
following concerns:
A. Pier lighting: One commenter
expressed concern that the number and
brightness of pier lights caused glare
along the shoreline.
The existing lights will not change in
connection with expansion of the
restricted area. Pier lighting is
controlled so that the minimum lighting
for safety and security is used during
pier operations, and pier lights are
positioned to shine on the pier surface
and into adjoining waters.
B. Fixed security barrier: Two
commenters were concerned over
aesthetic impacts and interference with
navigation that would be caused by a
physical barrier structure in the water
and the buoys that position it.
Consideration of any fixed barrier is
distinct from this regulatory action to
expand the existing restricted area. Any
proposal to place a physical barrier
around the restricted area will be the
subject of a separate environmental
review.
C. Emergency response: Another
commenter was concerned about the
ability of the Navy and local
municipalities to respond to an
emergency involving the Navy’s Indian
Island facility.
The Navy has a robust emergency
response system and closely coordinates
with local response agencies. This
expansion of the restricted area does not
produce an aggravated risk of a safety or
security situation for which additional
emergency response would be required.
D. Accident potential: Two
commenters expressed concern that, by
constricting room available for
navigation, the expansion of the
restricted area could increase the risk of
marine accidents.
This rulemaking will not result in
physical changes to the Indian Island
site that will present new navigational
impediments. The present restricted
area has been in effect since 1961, with
no record of causing marine accidents or
otherwise hindering navigation. Once
this final rule goes into effect, the
restricted area’s boundaries will still lie
approximately 11⁄2 nautical miles from
the nearest point on the Port TownsendKeystone ferry route, and approximately
1,700 yards to the closest point of land
at Kala Point. The coordinates defining
the expanded restricted area were
selected to avoid interference with
established ferry routes, to minimize
interference with the adjacent traffic
lanes of Port Townsend Bay, and to
minimize interference with traffic to the
E:\FR\FM\23DER1.SGM
23DER1
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
]]>Agencies
[Federal Register Volume 73, Number 247 (Tuesday, December 23, 2008)]
[Rules and Regulations]
[Pages 78633-78634]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-30590]
=======================================================================
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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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Army Corps of Engineers (Corps) is issuing a final
rule to enlarge an existing restricted area within Port Townsend Bay,
Indian Island, Walan Point, Washington. The purpose of the restricted
area is to ensure the security and safety of the public, and satisfy
security, safety and operational requirements as they pertain to naval
vessels. The restricted area 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 41654), the Corps published a proposed rule to enlarge
an existing restricted area in Port Townsend Bay, Indian Island, Walan
Point, Washington.
In response to the proposed rule, we received 10 comments, two of
which expressed support for the enlarged area. The remaining comments
expressed the following concerns:
A. Pier lighting: One commenter expressed concern that the number
and brightness of pier lights caused glare along the shoreline.
The existing lights will not change in connection with expansion of
the restricted area. Pier lighting is controlled so that the minimum
lighting for safety and security is used during pier operations, and
pier lights are positioned to shine on the pier surface and into
adjoining waters.
B. Fixed security barrier: Two commenters were concerned over
aesthetic impacts and interference with navigation that would be caused
by a physical barrier structure in the water and the buoys that
position it.
Consideration of any fixed barrier is distinct from this regulatory
action to expand the existing restricted area. Any proposal to place a
physical barrier around the restricted area will be the subject of a
separate environmental review.
C. Emergency response: Another commenter was concerned about the
ability of the Navy and local municipalities to respond to an emergency
involving the Navy's Indian Island facility.
The Navy has a robust emergency response system and closely
coordinates with local response agencies. This expansion of the
restricted area does not produce an aggravated risk of a safety or
security situation for which additional emergency response would be
required.
D. Accident potential: Two commenters expressed concern that, by
constricting room available for navigation, the expansion of the
restricted area could increase the risk of marine accidents.
This rulemaking will not result in physical changes to the Indian
Island site that will present new navigational impediments. The present
restricted area has been in effect since 1961, with no record of
causing marine accidents or otherwise hindering navigation. Once this
final rule goes into effect, the restricted area's boundaries will
still lie approximately 1\1/2\ nautical miles from the nearest point on
the Port Townsend-Keystone ferry route, and approximately 1,700 yards
to the closest point of land at Kala Point. The coordinates defining
the expanded restricted area were selected to avoid interference with
established ferry routes, to minimize interference with the adjacent
traffic lanes of Port Townsend Bay, and to minimize interference with
traffic to the
[[Page 78634]]
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 Sec. 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
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.
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. Section 334.1270 is revised 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[min]42[sec] North, longitude 122[deg]44[min]30[sec] West
(Point A); thence to latitude 48[deg]04[min]50[sec] North, longitude
122[deg]44[min]38[sec] West (Point B); thence to latitude
48[deg]04[min]52[sec] North, longitude 122[deg]44[min]57[sec] West
(Point C); thence to latitude 48[deg]04[min]44[sec] North, longitude
122[deg]45[min]12[sec] West (Point D); thence to latitude
48[deg]04[min]26[sec] North, longitude 122[deg]45[min]21[sec] West
(Point E); thence to latitude 48[deg]04[min]10[sec] North, longitude
122[deg]45[min]15[sec] West (Point F); thence to latitude
48[deg]04[min]07[sec] North, longitude 122[deg]44[min]49[sec] West
(Point G); thence to a point on the Walan Point shoreline at latitude
48[deg]04[min]16[sec] North, longitude 122[deg]44[min]37[sec] 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
