Military Ocean Terminal Concord, CA; Restricted Area, 64024-64026 [2018-27031]

Download as PDF 64024 Federal Register / Vol. 83, No. 239 / Thursday, December 13, 2018 / Rules and Regulations Vessels able to pass through the bridge in the closed position may do so at anytime. The bridge will be able to open for emergencies if at least 72-hour notice is given to the bridge operator. There is no immediate alternate route for vessels to pass. The Coast Guard will also inform the users of the waterway through our Local and Broadcast Notices to Mariners of the change in operating schedule for the bridge so that vessel operators can arrange their transits to minimize any impact caused by the temporary deviation. In accordance with 33 CFR 117.35(e), the drawbridge must return to its regular operating schedule immediately at the end of the effective period of this temporary deviation. This deviation from the operating regulations is authorized under 33 CFR 117.35. Dated: December 10, 2018. Carl T. Hausner, District Bridge Chief, Eleventh Coast Guard District. [FR Doc. 2018–26997 Filed 12–12–18; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2018–1053] Drawbridge Operation Regulation; Lake Washington Ship Canal, Seattle, WA AGENCY: Coast Guard, DHS. Notice of deviation from drawbridge regulation. ACTION: The Coast Guard has issued a temporary deviation from the operating schedule that governs the Ballard Bridge, mile 1.1, the Fremont Bridge, mile 2.6, and the University Bridge, mile 4.3, all crossing the Lake Washington Ship Canal at Seattle, WA. The deviation is necessary to accommodate re-routed roadway traffic while the Alaskan Way Viaduct is closed. This deviation allows the subject bridges to remain in the closed-tonavigation position to allow congested roadway traffic to move easier. DATES: This deviation is effective from 7 a.m. on January 11, 2019, to 7 p.m. on February 9, 2019. ADDRESSES: The docket for this deviation, USCG–2018–1053 is available at http://www.regulations.gov. Type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this deviation. FOR FURTHER INFORMATION CONTACT: If you have questions on this temporary deviation, call or email Mr. Steven Fischer, Bridge Administrator, Thirteenth Coast Guard District; telephone 206–220–7282, email d13-pfd13bridges@uscg.mil. SUPPLEMENTARY INFORMATION: Seattle Department of Transportation (SDOT), the owner of the impacted drawbridges, requested a temporary deviation from the operating schedule for the Ballard Bridge, mile 1.1, the Fremont Bridge, mile 2.6, and the University Bridge, SUMMARY: Bridge Date amozie on DSK3GDR082PROD with RULES Fremont ....................................................... Fremont ....................................................... Ballard ......................................................... Ballard ......................................................... University .................................................... University .................................................... Jan Jan Jan Jan Jan Jan Waterway usage on the Lake Washington Ship Canal range from commercial tug and barge to small pleasure craft. Vessels able to pass through the subject bridges in the closed-to-navigation position may do so at any time. All three bridges will not be able to open for emergencies, and there is no immediate alternate route for vessels to pass. The Coast Guard will also inform the users of the waterways through our Local and Broadcast Notices to Mariners of the change in operating schedule for the bridges so that vessel operators can arrange their VerDate Sep<11>2014 16:00 Dec 12, 2018 mile 4.3, all crossing the Lake Washington Ship Canal at Seattle, WA, to facilitate morning and afternoon rerouted roadway traffic. Washington Department of Transportation is closing the Alaskan Way Viaduct forever, and have not finished building new ramp approaches to the new SR99 Tunnel into Seattle, WA. During the closure of the viaduct, SDOT will be re-routing roadway traffic into Seattle across the Lake Washington Ship Canal, and requested to extend the closure hours of the subject bridges. The Ballard Bridge provides a vertical clearance of 29 feet in the closed-to-navigation position; the Fremont Bridge provides a vertical clearance of 14 feet (31 feet of vertical clearance for the center 36 horizontal feet) in the closed-to-navigation position; the University Bridge provides a vertical clearance of 30 feet (45 feet at the center) in the closed-to-navigation position. Vertical clearances refer to the Mean Water Level of Lake Washington. The normal operating schedule for the three subject bridges is in 33 CFR 117.1051(d). During this deviation period, the three subject bridge draws need not open per the following table for vessels of less than 1000 gross tons, unless the vessel has in tow a vessel of 1000 gross tones or more: Jkt 247001 11, 11, 11, 11, 11, 11, 2019 2019 2019 2019 2019 2019 to to to to to to Feb Feb Feb Feb Feb Feb 9, 9, 9, 9, 9, 9, Time 2019 2019 2019 2019 2019 2019 ..................... ..................... ..................... ..................... ..................... ..................... 7 a.m. to 10 a.m ........................................ 3:30 p.m. to 7 p.m ..................................... 7 a.m. to 10 a.m ........................................ 3:30 p.m. to 7 p.m ..................................... 7 a.m. to 10 a.m ........................................ 3:30 p.m. to 7 p.m ..................................... transits to minimize any impact caused by the temporary deviation. In accordance with 33 CFR 117.35(e), the three drawbridges must return to their regular operating schedules immediately at the end of the effective period of this temporary deviation. This deviation from the operating regulations is authorized under 33 CFR 117.35. DEPARTMENT OF DEFENSE Dated: December 3, 2018. Steven M. Fischer, Bridge Chief Administrator, Thirteenth Coast Guard District. AGENCY: [FR Doc. 2018–26976 Filed 12–12–18; 8:45 am] SUMMARY: BILLING CODE 9110–04–P PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 Span position Closed. Closed. Closed. Closed. Closed. Closed. Department of the Army, Corps of Engineers 33 CFR Part 334 Military Ocean Terminal Concord, CA; Restricted Area U.S. Army Corps of Engineers, DoD. ACTION: Direct final rule. The U.S. Army Military Surface Deployment and Distribution E:\FR\FM\13DER1.SGM 13DER1 amozie on DSK3GDR082PROD with RULES Federal Register / Vol. 83, No. 239 / Thursday, December 13, 2018 / Rules and Regulations 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 VerDate Sep<11>2014 16:00 Dec 12, 2018 Jkt 247001 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 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 64025 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 E:\FR\FM\13DER1.SGM 13DER1 64026 Federal Register / Vol. 83, No. 239 / Thursday, December 13, 2018 / Rules and Regulations 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. (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 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2018–0587; FRL–9986–16– Region 9] Revisions to California State Implementation Plan; South Coast Air Quality Management District, San Joaquin Valley Air Pollution Control District and Yolo-Solano Air Quality Management; Nonattainment New Source Review Requirements for the 2008 8-Hour Ozone Standard 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 (a) * * * Laura Yannayon, EPA Region 9, (415) 972–3534, yannayon.laura@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, the terms ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA. Table of Contents I. Proposed Action SUMMARY: § 334.1110 Military Ocean Terminal Concord; restricted area. FOR FURTHER INFORMATION CONTACT: The Environmental Protection Agency (EPA) is finalizing action on three state implementation plan (SIP) revisions submitted by the State of California addressing the nonattainment new source review (NNSR) requirements for the 2008 8-hour ozone National Ambient Air Quality Standards Authority: 40 Stat. 266 (33 U.S.C. 1) and 40 Stat. 892 (33 U.S.C. 3). 2. Amend § 334.1110 by revising the section heading and paragraph (b) to read as follows: The EPA has established a docket for this action under Docket ID No. EPA–R09–OAR–2018–0587. All documents in the docket are listed on the http://www.regulations.gov website. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information 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. Publicly available docket materials are available through http:// www.regulations.gov, or please contact the person identified in the FOR FURTHER INFORMATION CONTACT section for additional availability information. ADDRESSES: I. Proposed Action II. Public Comments and EPA Responses III. EPA Action IV. Statutory and Executive Order Reviews ■ ■ This rule is effective on January 14, 2019. DATES: Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: 1. The authority citation for part 334 continues to read as follows: (NAAQS). These SIP revisions address the South Coast Air Quality Management District (SCAQMD), San Joaquin Valley Air Pollution Control District (SJVAPCD) and Yolo-Solano Air Quality Management District (YSAQMD) portions of the California SIP. On August 20, 2018 (83 FR 42063), the EPA proposed to approve the SIP revisions listed in Table 1, addressing the NNSR requirements for the 2008 8hour ozone NAAQS for the SCAQMD, SJVAPCD and YSAQMD. TABLE 1—SUBMITTED CERTIFICATION LETTERS District Adoption date Submittal date 7/7/2017 4/19/18 3/14/18 11/16/17 6/19/18 6/19/18 amozie on DSK3GDR082PROD with RULES South Coast AQMD ................................................................................................................................................. San Joaquin Valley APCD ....................................................................................................................................... Yolo-Solano AQMD ................................................................................................................................................. We proposed approval of these SIP revisions because we determined that the 2008 ozone certification submitted for each district fulfills the 40 CFR 51.1114 revision requirement and meets the requirements of Clean Air Act (CAA) section 110 and the minimum SIP requirements of 40 CFR 51.165. VerDate Sep<11>2014 16:44 Dec 12, 2018 Jkt 247001 II. Public Comments and EPA Responses of the submitted 2008 ozone certifications for each district. The EPA’s proposed action provided a 30-day public comment period. During this period, we received three comments on the proposed rule. None of those comments are germane to our evaluation III. EPA Action PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 No comments were submitted that change our assessment of the 2008 ozone certifications as described in our proposed action. Therefore, as E:\FR\FM\13DER1.SGM 13DER1

Agencies

[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.

-----------------------------------------------------------------------

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: [email protected] ;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

[[Page 64026]]

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