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

Download as PDF Federal Register / Vol. 84, No. 153 / Thursday, August 8, 2019 / Proposed Rules language ‘‘Reserved sections 1.245A–1 through and § 1.245A–5 are added to read as follows:’’ is corrected to read ‘‘Add and reserve §§ 1.245A–1 through 1.245A–4 and add § 1.245A–5 to read as follows: ’’. Martin V. Franks, Chief, Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel, (Procedure and Administration). [FR Doc. 2019–16632 Filed 8–7–19; 8:45 am] BILLING CODE 4830–01–P 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. Notice of proposed rulemaking and request for comments. ACTION: 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 MyerHenderson 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: http:// www.regulations.gov . Follow the instructions for submitting comments. Email: david.b.olson@usace.army.mil. 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 jbell on DSK3GLQ082PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 16:03 Aug 07, 2019 Jkt 247001 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 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 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 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 38893 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. E:\FR\FM\08AUP1.SGM 08AUP1 38894 Federal Register / Vol. 84, No. 153 / Thursday, August 8, 2019 / Proposed Rules 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. jbell on DSK3GLQ082PROD with PROPOSALS 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 VerDate Sep<11>2014 16:03 Aug 07, 2019 Jkt 247001 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 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 § 334.225 to read as follows: § 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°52′18.776″ N, longitude ¥077°1′9.436″ W; thence to latitude 38°52′17.696″ N, longitude ¥077°1′13.345″ W; thence to latitude 38°52′12.798″ N, longitude ¥077°1′12.114″ W; thence to latitude 38°52′17.559″ N, longitude ¥077°1′9.706″ W; thence to latitude 38°51′43.667″ N, longitude ¥077°1′9.771″ W; thence to latitude 38°51′41.135″ N, longitude 077°1′9.45″ W; thence to latitude 38°51′38.723″ N, longitude ¥077°1′6.921″ W; thence to latitude 38°51′38.257″ N, longitude ¥077°1′3.101″ W; thence to latitude 38°51′40.069″ N, longitude ¥077°0′57.895″ W; thence to latitude 38°51′41.708″ N, longitude ¥077°0′54.969″ W; thence to latitude 38°51′41.918″ N, longitude ¥077°0′53.911″ W; thence to latitude 38°51′43.571″ N, longitude ¥077°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, PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 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 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 30 [FRL–9997–77–OA] Strengthening Transparency in Regulatory Science: Notification of a Public Teleconference of the Chartered Science Advisory Board Environmental Protection Agency (EPA). ACTION: Announcement of teleconference. AGENCY: The Environmental Protection Agency (EPA) Science Advisory Board (SAB) Staff Office announces a public teleconference of the chartered SAB. The SAB will meet to conduct a consultation with the EPA on mechanisms for secure access to personally identifying information (PII) and confidential business information (CBI) as discussed in the proposed rulemaking ‘‘Strengthening Transparency in Regulatory Science’’ (April 30, 2018). DATES: The public teleconference will be held on Tuesday, August 27, 2019, from 1 p.m. to 5 p.m. (Eastern time). ADDRESSES: The public teleconference will be held by telephone only. FOR FURTHER INFORMATION CONTACT: Any member of the public who wants further SUMMARY: E:\FR\FM\08AUP1.SGM 08AUP1

Agencies

[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.

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

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: http://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 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 
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