Washington Channel, Fort McNair, Washington, DC; Restricted Area, 38893-38894 [2019-16973]

Agencies

• DEPARTMENT OF DEFENSE
• Department of the Army, Corps of Engineers

[Federal Register Volume 84, Number 153 (Thursday, August 8, 2019)]
[Proposed Rules]
[Pages 38893-38894]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16973]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 334

[Docket Number: COE-2019-0010]


Washington Channel, Fort McNair, Washington, DC; Restricted Area

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

ACTION: Notice of proposed rulemaking and request for comments.

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SUMMARY: The Corps of Engineers is proposing to establish a permanent 
restricted area in the Washington Channel adjacent to Ft. McNair. Ft. 
McNair is the headquarters of the Army's Military District of 
Washington and home of the National Defense University as well as the 
official residence of the U.S. Army's Vice Chief of Staff. Ft. McNair 
requests the restricted area to fulfill Joint Base Myer-Henderson Hall 
(JBM-HH) security needs including HMX missions and security needs at 
Ft. McNair including protection of VIP quarters. The restricted area is 
also needed to protect public health by preventing vessels from 
disturbing a planned environmental remediation area located near the 
Fort.

DATES: Written comments must be submitted on or before September 9, 
2019.

ADDRESSES: You may submit comments, identified by docket number COE-
2019-0010, by any of the following methods:
    Federal eRulemaking Portal: https://www.regulations.gov . Follow the 
instructions for submitting comments.
    Email: [email protected]. Include the docket number, 
COE-2019-0010, in the subject line of the message.
    Mail: U.S. Army Corps of Engineers, Attn: CECW-CO-R (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-2019-0010. 
All comments received will be included in the public docket without 
change and may be made available on-line at https://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 
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 also 
include your contact information 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 Division, Washington, DC at 202-761-4922, or 
Mr. Steve Elinsky, Corps of Engineers, Baltimore District, Regulatory 
Branch, at 410-962-4503.

SUPPLEMENTARY INFORMATION: 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 of Engineers is proposing amendments to 
regulations in 33 CFR part 334 for the establishment of a permanent 
restricted area in waters of the Washington Channel in Washington, DC 
In a memorandum dated September 15, 2017, Ft. McNair requested that the 
Corps establish this permanent restricted area. The proposed permanent 
restricted area is necessary to fulfill the current security needs of 
Ft. McNair and Joint Base Myer-Henderson Hall (JBM-HH) at these 
facilities. Ft. McNair is the headquarters of the Army's Military 
District of Washington and home of the National Defense University as 
well as the official residence of the U.S. Army's Vice Chief of Staff.

Procedural Requirements

a. Regulatory Planning and Review

    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 proposed rule has 
not been designated a ``significant regulatory action,'' under 
Executive Order 12866. Accordingly, this proposed 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 has made a determination this proposed rule is not a 
significant regulatory action. This regulatory action determination is 
based on the size, duration, and location of the restricted area. The 
restricted area occupies only a portion of the waterway and a vessel 
that needs to transit the restricted area may do so if the operator of 
the vessel obtains permission from the Commanding Officer, JBM-HH or 
his/her designated representative. Fishermen may be authorized 
controlled access to the restricted area after registering with JBM-HH/
Ft. McNair officials and following specific access notification 
procedures.

b. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000.

[[Page 38894]]

    The Corps certifies under 5 U.S.C. 605(b) that this rule would not 
have a significant economic impact on a substantial number of small 
entities. While some owners or operators of vessels that intend to 
transit the restricted area may be small entities, for the reasons 
stated in paragraph (a) above this rule would not have a significant 
economic impact on any vessel owner or operator. In addition, the 
restricted area is necessary to address the current security needs at 
Ft. McNair and JBM-HH Washington, DC. Vessels can utilize navigable 
waters outside of the restricted area. Vessels may also transit the 
restricted area as long as they obtain permission from the Commanding 
Officer, JBM-HH or his/her designated representative. Unless 
information is obtained to the contrary during the comment period, the 
Corps expects that the economic impact of the proposed restricted area 
would have practically no impact on the public, any anticipated 
navigational hazard or interference with existing waterway traffic. 
After considering the economic impacts of this restricted area 
regulation 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

    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 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.

d. Unfunded Mandates Act

    This proposed rule does not impose an enforceable duty among the 
private sector and, therefore, it is not a Federal private sector 
mandate and it is not subject to the requirements of either Section 202 
or Section 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.

e. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. We will submit a report containing the final rule and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States. A 
major rule cannot take effect until 60 days after it is published in 
the Federal Register. This final rule is not a ``major rule'' as 
defined by 5 U.S.C. 804(2).

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 proposes to 
amend 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. Add Sec.  334.225 to read as follows:


Sec.  334.225  Washington Channel, Fort Lesley J. McNair, Washington, 
DC; Restricted Area.

    (a) The area. The restricted area shall encompass all navigable 
waters of the United States as defined at 33 CFR part 329, within the 
area bounded by a line connecting the following coordinates: Commencing 
from the shoreline at latitude 38[deg]52'18.776'' N, longitude -
077[deg]1'9.436'' W; thence to latitude 38[deg]52'17.696'' N, longitude 
-077[deg]1'13.345'' W; thence to latitude 38[deg]52'12.798'' N, 
longitude -077[deg]1'12.114'' W; thence to latitude 38[deg]52'17.559'' 
N, longitude -077[deg]1'9.706'' W; thence to latitude 
38[deg]51'43.667'' N, longitude -077[deg]1'9.771'' W; thence to 
latitude 38[deg]51'41.135'' N, longitude 077[deg]1'9.45'' W; thence to 
latitude 38[deg]51'38.723'' N, longitude -077[deg]1'6.921'' W; thence 
to latitude 38[deg]51'38.257'' N, longitude -077[deg]1'3.101'' W; 
thence to latitude 38[deg]51'40.069'' N, longitude -077[deg]0'57.895'' 
W; thence to latitude 38[deg]51'41.708'' N, longitude -
077[deg]0'54.969'' W; thence to latitude 38[deg]51'41.918'' N, 
longitude -077[deg]0'53.911'' W; thence to latitude 38[deg]51'43.571'' 
N, longitude -077[deg]0'55.143'' W. The datum for these coordinates is 
NAD-83.
    (b) The regulations: (1) Hazardous operations will be in effect on 
an indefinite 24-hour basis, seven days a week. All persons, vessels or 
other craft are prohibited from entering, transiting, drifting, 
dredging, or anchoring within the restricted area except persons, 
vessels, or other craft authorized entry by the Commander, JBM-HH or 
his/her designated representatives.
    (2) All persons, vessels or other craft shall clear the area when 
warned by patrol vessels or on-shore communication.
    (3) The boundary of the restricted area will be demarcated with 
marker buoys and warning signs located at all or some of the 
coordinates listed in paragraph (a) of this section.
    (c) Enforcement. Any person or vessel encroaching within the 
restricted area will be directed to immediately leave the restricted 
area. Failure to do so could result in forceful removal and/or criminal 
charges.
    (d) Exceptions. Fishermen may be authorized controlled access to 
the restricted area after registering with JBM-HH/Ft. McNair officials 
and following specific access notification procedures.

    Dated: August 1, 2019.
Thomas P. Smith,
Chief, Operations and Regulatory Division, Directorate of Civil Works.
[FR Doc. 2019-16973 Filed 8-7-19; 8:45 am]
 BILLING CODE 3720-58-P