United States Army Restricted Area, Designated Portions of Eagle Bay and Eagle River, Fort Richardson, AK, 53266-53267 [2010-21735]

Download as PDF 53266 Federal Register / Vol. 75, No. 168 / Tuesday, August 31, 2010 / Proposed Rules from the Potomac and just West of the CSX railroad bridge. (b) The regulations. (1) All persons, vessels, or other craft are prohibited from entering, transiting, drifting, dredging, or anchoring within the restricted area without the permission of the Commander, MCB Quantico or his/ her designated representatives. (2) The restriction will be in place 24 hours a day, seven days a week. (3) Licensed commercial fisherman will be authorized controlled access to the restricted area after registering with MCB Quantico officials and following specific access notification procedures. However, no vessels will be allowed in the Chopawamsic Creek channel. Warning signs/buoys will be placed at 500-foot intervals along the boundary to notify individuals of the restricted area and that entry is prohibited. Additionally, floating, lighted, small craft intrusion barriers will be placed across the Chopawamsic Creek channel at the entrance to the channel from the Potomac and just west of the CSX railroad bridge. (c) Enforcement. The restricted area will be enforced by the Commander, MCB Quantico. Enforcement will include 24/7 shoreline observation by security personnel and electronic monitoring systems. USMC boats with law enforcement personnel will randomly patrol the restricted area and provide a response capability. All persons, vessels, or other craft are prohibited from entering, transiting, drifting, dredging, or anchoring within the restricted area without the permission of the Commander, MCB Quantico or his/her designated representative. Dated: August 23, 2010. Michael G. Ensch, Chief, Operations, Directorate of Civil Works. [FR Doc. 2010–21756 Filed 8–30–10; 8:45 am] BILLING CODE 3720–58–P DEPARTMENT OF DEFENSE Department of the Army, Corps of Engineers erowe on DSKG8SOYB1PROD with PROPOSALS 33 CFR Part 334 United States Army Restricted Area, Designated Portions of Eagle Bay and Eagle River, Fort Richardson, AK United States Army Corps of Engineers, DoD. ACTION: Notice of proposed rulemaking and request for comments. AGENCY: The U.S. Army Corps of Engineers is proposing to revise its SUMMARY: VerDate Mar<15>2010 15:27 Aug 30, 2010 Jkt 220001 regulations to establish a restricted area to change the navigability status of a portion of Eagle River within the boundaries of Fort Richardson, Alaska as well as an adjacent portion of Eagle Bay in the Knik Arm. More specifically, the restricted area is to include all waters of Eagle River downstream from the Bravo Bridge as well as the portion of Eagle Bay east of a demarcation line to extend from two points of Fort Richardson land along northern and southern shores of the Bay. This amendment would prohibit vessels and persons from entering affected waters of Eagle Bay and Eagle River in order to enhance safety and security. This portion of Eagle River runs through an active military range munitions impact area. This portion of Eagle Bay could be subjected to hazardous levels of noise during certain training exercises; Army control of this area is also necessary to prevent unauthorized access into the impact area. The restricted area is necessary to protect the public from entering an extremely hazardous area. DATES: Written comments must be submitted by September 30, 2010. ADDRESSES: You may submit comments, identified by docket number COE– 2010–0031, by any of the following methods: Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments. E-mail: david.b.olson@usace.army. mil. Include the docket number, COE– 2010–0031, 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–2010–0031. 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, 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. PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 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 http:// 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. Mr. David Olson, Headquarters, Operations and Regulatory Community of Practice, Washington, DC at 202–761–4922 or Ms. Serena Sweet, U.S. Army Corps of Engineers, Alaska District, Regulatory Division, at 907–753–2819. FOR FURTHER INFORMATION CONTACT: In response to a request from the Department of the Army and pursuant to its authorities in Section 7 of the River and Harbor 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 amend the restricted area regulations in 33 CFR part 334 to establish a restricted area to the east of a demarcation line bisecting Eagle Bay and extending up Eagle River to Bravo Bridge within Fort Richardson. The restricted area is necessary to protect the public against hazardous noise impacts and to prevent vessels and persons from entering an active military range munitions impact area. SUPPLEMENTARY INFORMATION: Procedural Requirements a. Review Under Executive Order 12866 This proposed rule is issued with respect to a military function of the Defense Department and the provisions of Executive Order 12866 do not apply. E:\FR\FM\31AUP1.SGM 31AUP1 Federal Register / Vol. 75, No. 168 / Tuesday, August 31, 2010 / Proposed Rules b. Review Under the Regulatory Flexibility Act PART 334—DANGER ZONE AND RESTRICTED AREA REGULATIONS This proposed rule has been reviewed under the Regulatory Flexibility Act (Pub. L. 96–354) 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). Due to the nature of the waterway and the minimal historic use of this portion of Eagle Bay for travel, recreation or fishing, as well as the availability of an alternate channel within Knik Arm, the Corps expects that the economic impact of this portion of the restricted area would have practically no impact on the public and no anticipated navigational hazard or interference with existing waterway traffic, and accordingly, certifies that this proposed rule will have no significant economic impact on small entities. 1. The authority citation for 33 CFR part 334 continues to read as follows: 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 expects that this regulation, if adopted, will not have a significant impact to the quality of the human environment and, therefore, preparation of an environmental impact statement, for the establishment of this restricted area, is not required. An environmental assessment (EA) will be prepared after the public notice comment 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 Authority: 40 Stat. 266 (33 U.S.C. 1) and 40 Stat. 892 (33 U.S.C. 3). 2. Add § 334.1305 to read as follows: § 334.1305 Eagle River Flats Weapons Training Range Impact Area, Fort Richardson, Alaska; Restricted Area. (a) The area. The danger zone shall encompass all navigable waters of Eagle River, as defined at 33 CFR part 329, beginning at Eagle River Flats Bravo Bridge at latitude 61°18′39.33″ N, longitude 149°41′15.68″ W on Fort Richardson, Alaska extending along the shore downstream to the river’s outflow to Eagle Bay in the Knik Arm, as well as those waters of Eagle Bay to the east of a demarcation line drawn from a point of Fort Richardson land located at latitude 61°22′19.195″ N, longitude 149°43′20.730″ W to a point of Fort Richardson land located at latitude 61°19′39.168″ N, longitude 149°46′32.204″ W. (b) The regulations. To ensure public safety, the restricted area shall be closed to all watercraft navigation and persons at all times, except for vessels and individuals engaged in operational and maintenance activities authorized by the Commander, U.S. Army Garrison Alaska. (c) Enforcement. This regulation shall be enforced by the Commander, U.S. Army Garrison Alaska or other such agencies as the Commander may designate. Dated: August 13, 2010. Michael G. Ensch, Chief, Operations, Directorate of Civil Works. FOR FURTHER INFORMATION CONTACT [FR Doc. 2010–21735 Filed 8–30–10; 8:45 am] section, above. BILLING CODE 3720–58–P d. Unfunded Mandates Act erowe on DSKG8SOYB1PROD with PROPOSALS This proposed rule does not impose an enforceable duty upon the private sector. Therefore, it is not a Federal private sector mandate and is not subject to the requirements of Section 202 or 205 of the Unfunded Mandates Act. We have also found under Section 203 of the Act, that small Governments will not be significantly and uniquely affected by this rulemaking. List of Subjects in 33 CFR Part 334 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 141 and 142 [EPA–HQ–OW–2008–0878; FRL–9195–5] RIN 2040–AD94 National Primary Drinking Water Regulations: Revisions to the Total Coliform Rule; Extension of Comment Period Environmental Protection Agency (EPA). ACTION: Extension of comment period. Danger zones, Marine safety, Navigation (water), Restricted areas, Waterways. AGENCY: For the reasons stated in the preamble, the Corps proposes to amend 33 CFR part 334 as follows: SUMMARY: VerDate Mar<15>2010 15:27 Aug 30, 2010 Jkt 220001 The Environmental Protection Agency (EPA) is extending by 30 days the public comment period for a PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 53267 proposed National Primary Drinking Water Regulation, the Revisions to the Total Coliform Rule (RTCR), which was published in the Federal Register on July 14, 2010. This extended comment period will afford greater opportunity to all interested parties to review and submit comments on the proposal. Comments must be received on or before October 13, 2010. DATES: Comments may be submitted by mail to: Water Docket, Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave., NW., Washington, DC 20460, Attention Docket ID No. EPA–HQ–OW–2008– 0878. Comments may also be submitted electronically or through hand delivery/ courier by following the instructions provided in the SUPPLEMENTARY INFORMATION section. ADDRESSES: For technical inquiries, contact Sean Conley, Office of Ground Water and Drinking Water (MC 4607M), U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone (202) 564–1781. For general information, contact the Safe Drinking Water Hotline, Telephone (800) 426–4791 or e-mail: hotline-sdwa @epa.gov. FOR FURTHER INFORMATION CONTACT: The comment period for the proposed RTCR now ends on October 13, 2010. This is an extension of 30 days beyond the comment period established in the Federal Register on July 14, 2010. Anyone seeking to submit comments must follow the procedures specified in the SUMMARY section of the proposal as published in the Federal Register (75 FR 40926, July 14, 2010). The RTCR applies to all public water systems. The proposed revisions require systems that have an indication of coliform contamination in the distribution system to assess the problem and take corrective action that may reduce cases of illnesses and deaths due to potential fecal contamination and waterborne pathogen exposure. This proposal also establishes criteria for systems to qualify for and stay on reduced monitoring, thereby providing incentives for improved water system operation. See the proposal as published in the Federal Register (75 FR 40926, July 14, 2010) for additional information regarding public health concerns, proposed regulatory requirements, implementation schedules, estimated costs and benefits, implementation tools, and other issues. SUPPLEMENTARY INFORMATION: E:\FR\FM\31AUP1.SGM 31AUP1

Agencies

[Federal Register Volume 75, Number 168 (Tuesday, August 31, 2010)]
[Proposed Rules]
[Pages 53266-53267]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-21735]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 334


United States Army Restricted Area, Designated Portions of Eagle 
Bay and Eagle River, Fort Richardson, AK

AGENCY: United States 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 is proposing to revise its 
regulations to establish a restricted area to change the navigability 
status of a portion of Eagle River within the boundaries of Fort 
Richardson, Alaska as well as an adjacent portion of Eagle Bay in the 
Knik Arm. More specifically, the restricted area is to include all 
waters of Eagle River downstream from the Bravo Bridge as well as the 
portion of Eagle Bay east of a demarcation line to extend from two 
points of Fort Richardson land along northern and southern shores of 
the Bay. This amendment would prohibit vessels and persons from 
entering affected waters of Eagle Bay and Eagle River in order to 
enhance safety and security. This portion of Eagle River runs through 
an active military range munitions impact area. This portion of Eagle 
Bay could be subjected to hazardous levels of noise during certain 
training exercises; Army control of this area is also necessary to 
prevent unauthorized access into the impact area. The restricted area 
is necessary to protect the public from entering an extremely hazardous 
area.

DATES: Written comments must be submitted by September 30, 2010.

ADDRESSES: You may submit comments, identified by docket number COE-
2010-0031, by any of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
    E-mail: david.b.olson@usace.army.mil. Include the docket number, 
COE-2010-0031, 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-2010-0031. 
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, 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[dash]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[dash]mail directly to the Corps without going through 
regulations.gov, your e[dash]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 http://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. Serena Sweet, U.S. Army Corps of Engineers, Alaska 
District, Regulatory Division, at 907-753-2819.

SUPPLEMENTARY INFORMATION: In response to a request from the Department 
of the Army and pursuant to its authorities in Section 7 of the River 
and Harbor 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 amend the restricted area regulations in 33 CFR 
part 334 to establish a restricted area to the east of a demarcation 
line bisecting Eagle Bay and extending up Eagle River to Bravo Bridge 
within Fort Richardson. The restricted area is necessary to protect the 
public against hazardous noise impacts and to prevent vessels and 
persons from entering an active military range munitions impact area.

Procedural Requirements

a. Review Under Executive Order 12866

    This proposed rule is issued with respect to a military function of 
the Defense Department and the provisions of Executive Order 12866 do 
not apply.

[[Page 53267]]

b. Review Under the Regulatory Flexibility Act

    This proposed rule has been reviewed under the Regulatory 
Flexibility Act (Pub. L. 96-354) 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). Due to the nature of 
the waterway and the minimal historic use of this portion of Eagle Bay 
for travel, recreation or fishing, as well as the availability of an 
alternate channel within Knik Arm, the Corps expects that the economic 
impact of this portion of the restricted area would have practically no 
impact on the public and no anticipated navigational hazard or 
interference with existing waterway traffic, and accordingly, certifies 
that this proposed 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, the Corps expects that 
this regulation, if adopted, will not have a significant impact to the 
quality of the human environment and, therefore, preparation of an 
environmental impact statement, for the establishment of this 
restricted area, is not required. An environmental assessment (EA) will 
be prepared after the public notice comment 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 section, above.

d. Unfunded Mandates Act

    This proposed rule does not impose an enforceable duty upon the 
private sector. Therefore, it is not a Federal private sector mandate 
and is not subject to the requirements of Section 202 or 205 of the 
Unfunded Mandates Act. We have also found under Section 203 of the Act, 
that small Governments will not be significantly and 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 stated 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. Add Sec.  334.1305 to read as follows:


Sec.  334.1305  Eagle River Flats Weapons Training Range Impact Area, 
Fort Richardson, Alaska; Restricted Area.

    (a) The area. The danger zone shall encompass all navigable waters 
of Eagle River, as defined at 33 CFR part 329, beginning at Eagle River 
Flats Bravo Bridge at latitude 61[deg]18[min]39.33[sec] N, longitude 
149[deg]41[min]15.68[sec] W on Fort Richardson, Alaska extending along 
the shore downstream to the river's outflow to Eagle Bay in the Knik 
Arm, as well as those waters of Eagle Bay to the east of a demarcation 
line drawn from a point of Fort Richardson land located at latitude 
61[deg]22[min]19.195[sec] N, longitude 149[deg]43[min]20.730[sec] W to 
a point of Fort Richardson land located at latitude 
61[deg]19[min]39.168[sec] N, longitude 149[deg]46[min]32.204[sec] W.
    (b) The regulations. To ensure public safety, the restricted area 
shall be closed to all watercraft navigation and persons at all times, 
except for vessels and individuals engaged in operational and 
maintenance activities authorized by the Commander, U.S. Army Garrison 
Alaska.
    (c) Enforcement. This regulation shall be enforced by the 
Commander, U.S. Army Garrison Alaska or other such agencies as the 
Commander may designate.

    Dated: August 13, 2010.
Michael G. Ensch,
Chief, Operations, Directorate of Civil Works.
[FR Doc. 2010-21735 Filed 8-30-10; 8:45 am]
BILLING CODE 3720-58-P