Military Ocean Terminal Concord, California; Restricted Area, 20318-20319 [2024-05890]
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Federal Register / Vol. 89, No. 57 / Friday, March 22, 2024 / Rules and Regulations
On January 30, 2024, the Office of the
Federal Register published a rule to
correct an error that appeared in the
most recent annual revision of the Code
of Federal Regulations (89 FR 5768).
The CFR correction amended
§ 301.6721–1 of Title 26 of the Code of
Federal Regulations, Parts 300 to 499,
revised as of April 1, 2023, by
reinstating paragraph (b)(6), which was
mistakenly omitted.
Correction to Publication
Accordingly, in FR Doc. 2023–27283
(TD 9984) beginning on page 87696 in
the Federal Register of Tuesday,
December 19, 2023, the following
correction is made:
■
§ 301.6721–1
[Corrected]
1. On page 87701, in the first column,
amendatory instruction Par. 5, subinstruction 4, ‘‘Adding paragraph
(b)(6);’’ is corrected to read ‘‘Revising
paragraph (b)(6);’’.
■
Oluwafunmilayo A. Taylor,
Section Chief, Publications and Regulations
Section, Associate Chief Counsel, (Procedure
and Administration).
[FR Doc. 2024–05639 Filed 3–21–24; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF DEFENSE
Department of the Army, Corps of
Engineers
33 CFR Part 334
Military Ocean Terminal Concord,
California; Restricted Area
AGENCY:
U.S. Army Corps of Engineers,
DoD.
ACTION:
Final rule.
The U.S. Army Corps of
Engineers (Corps) is amending its
regulations to modify an existing
permanent restricted area within waters
along the shoreline of the Military
Ocean Terminal Concord (MOTCO), on
the south shore of Suisun Bay, north of
the City of Concord, Contra Costa
County, California. The amendment was
requested by U.S. Army Military Surface
Deployment and Distribution Command
(SDDC) to expand the boundaries of the
MOTCO restricted area in order to
provide an adequate security buffer for
MOTCO shoreline infrastructure and
operational needs.
DATES: Effective date: April 22, 2024.
ADDRESSES: U.S. Army Corps of
Engineers, Attn: CECW–CO (David
Olson), 441 G Street NW, Washington,
DC 20314–1000.
ddrumheller on DSK120RN23PROD with RULES1
SUMMARY:
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17:20 Mar 21, 2024
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FOR FURTHER INFORMATION CONTACT:
Mr. David Olson, Headquarters,
Operations and Regulatory Community
of Practice, Washington, DC at 202–761–
4922.
SUPPLEMENTARY INFORMATION: 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
paragraph (a) of 33 CFR 334.1110 to
expand the boundaries of the existing
MOTCO restricted area. The existing
boundary at the western terminus is
shifted approximately 700 yards west
along the shoreline so that it
encompasses the mouth of Hastings
Slough and eliminates a potential route
of unauthorized encroachment into the
MOTCO installation. Along the central
and eastern parts of the restricted area,
the existing boundary is shifted
bayward to the edge of an existing
navigation channel (Roe Island Channel,
Port Chicago Reach, and Middle Ground
West Reach). The revised eastern
boundary follows the southern edge of
the navigation channel, and will not
encroach into or impact vessel traffic in
the navigation channel. The eastern
shoreline terminus remains at its
original location.
The proposed rule to expand the
existing MOTCO restricted area was
published in the January 11, 2023,
edition of the Federal Register (88 FR
1532) and the regulations.gov docket
number was COE–2022–0012. No
comments were received in response to
the proposed rule. The January 11, 2023,
proposed rule included coordinates of
reference points A through G along the
revised boundary. Minor adjustments to
the coordinates of boundary points D
and E have been made in this final rule
to locate the points just outside the
boundaries of the adjacent navigation
channel, and ensure that the restricted
area does not encroach on the
navigation channel. Additional
formatting changes were made to the
coordinates of other points to ensure
data consistency. All coordinates are
now shown in decimal degrees to four
decimal places, which did not alter the
locations of the points that were not
changed by this final rule.
Procedural Requirements
a. Regulatory Planning and Review.
This final rule is not a ‘‘significant
regulatory action’’ under Executive
Order 12866 (58 FR 51735, October 4,
1993) and Executive Order 13563 (76 FR
3821, January 21, 2011) and it was not
PO 00000
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submitted to the Office of Management
and Budget for review.
b. Review Under the Regulatory
Flexibility Act. This final 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). The
Corps expects that the changes to the
boundaries of this restricted area will
have no appreciable economic impact
on the public, will result in no
anticipated navigational hazards, and
will not interfere with existing
waterway traffic. Small entities can still
utilize navigable waters outside of the
restricted area. The Corps therefore
certifies that this final rule would have
no significant economic impact on small
entities.
c. Review Under the National
Environmental Policy Act. The Corps
has determined that this rule will not
have a significant impact on the quality
of the human environment and,
therefore, preparation of an
environmental impact statement is not
required. An environmental assessment
was prepared for the final rule and may
be reviewed by contacting the Corps’
San Francisco District office at CESPNRG-Info@usace.army.mil.
d. Unfunded Mandates Act. The final
rule does not impose an enforceable
duty among the private sector and,
therefore, is not a federal private sector
mandate, and is not subject to the
requirements of Section 202 or 205 of
the Unfunded Mandates Reform Act
(Pub. L. 104–4, 109 Stat. 48, 2 U.S.C.
1501 et seq.). The Corps has also found
under Section 203 of the Act, that small
governments will not be significantly or
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. The Corps 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
E:\FR\FM\22MRR1.SGM
22MRR1
Federal Register / Vol. 89, No. 57 / Friday, March 22, 2024 / Rules and Regulations
Register. This final rule is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
DEPARTMENT OF TRANSPORTATION
List of Subjects in 33 CFR Part 334
Great Lakes St. Lawrence Seaway
Development Corporation
Classified information, Marine safety,
Navigation (water), Security measures,
Transportation, Waterways.
33 CFR Part 402
For the reasons set out in the
preamble, the Corps amends 33 CFR
Part 334 as follows:
Tariff of Tolls
Great Lakes St. Lawrence
Seaway Development Corporation, DOT.
ACTION: Final rule.
AGENCY:
PART 334—DANGER ZONE AND
RESTRICTED AREA REGULATIONS
Authority: 40 Stat. 266 (33 U.S.C. 1) and
40 Stat. 892 (33 U.S.C. 3).
2. Amend § 334.1110 by revising
paragraph (a) to read as follows:
■
§ 334.1110 Military Ocean Terminal
Concord; restricted area.
(a) The area. (1) Beginning at point A
on the shore west of the mouth of a
small slough (known as Hastings
Slough) and passing east of buoy R ‘‘6’’
bearing 60°30′ for 2,860 yards, through
Point B on the eastern end of the two
Seal Islands, to point C on the southern
edge of the Roe Island Channel near
buoy R ‘‘16A’’; thence in a generally
easterly direction running along the
southern edge of the Roe Island
Channel, Port Chicago Reach and
Middle Ground West Reach (points D
and E) to point F directly north of the
eastern shore boundary (point G);
thence 180° to point G on the shore line;
thence following the high water shore
line in a general westerly direction to
the point of beginning. The coordinates
for the points in paragraph (a)(1) of this
section are provided in Table 1.
TABLE 1 TO PARAGRAPH (a)(1)
ddrumheller on DSK120RN23PROD with RULES1
Point
Point
Point
Point
Point
Point
Point
A (shoreline)
B ..................
C ..................
D ..................
E ..................
F ..................
G (shoreline)
38.0513
38.0579
38.0630
38.0611
38.0593
38.0594
38.0521
Longitude
¥122.0576
¥122.0430
¥122.0307
¥122.0205
¥122.0010
¥121.9882
¥121.9882
(2) The datum for these coordinates is
NAD–83.
*
*
*
*
*
Thomas P. Smith,
Chief, Operations and Regulatory Division,
Directorate of Civil Works.
[FR Doc. 2024–05890 Filed 3–21–24; 8:45 am]
BILLING CODE 3720–58–P
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Jkt 262001
The Great Lakes St. Lawrence
Seaway Development Corporation (GLS)
and the St. Lawrence Seaway
Management Corporation (SLSMC) of
Canada, under international agreement,
jointly publish and presently administer
the St. Lawrence Seaway Tariff of Tolls
in their respective jurisdictions. The
Tariff sets forth the level of tolls
assessed on all commodities and vessels
transiting the facilities operated by the
GLS and the SLSMC. The GLS is
revising its regulations to reflect the fees
and charges levied by the SLSMC in
Canada starting in the 2024 navigation
season, which are effective only in
Canada.
SUMMARY:
1. The authority citation for 33 CFR
part 334 continues to read as follows:
■
Latitude
RIN 2135–AA56
This rule is effective on March
22, 2024.
ADDRESSES: Docket: For access to the
docket to read background documents
or comments received, go to https://
www.Regulations.gov; or in person at
the Docket Management Facility; U.S.
Department of Transportation, 1200
New Jersey Avenue SE, West Building
Ground Floor, Room W12–140,
Washington, DC 20590–001, between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Carrie Mann Lavigne, Chief Counsel,
Great Lakes St. Lawrence Seaway
Development Corporation, 180 Andrews
Street, Massena, New York 13662; (315)
764–3200.
SUPPLEMENTARY INFORMATION: The Great
Lakes St. Lawrence Seaway
Development Corporation (GLS) and the
St. Lawrence Seaway Management
Corporation (SLSMC) of Canada, under
international agreement, jointly publish
and presently administer the St.
Lawrence Seaway Tariff of Tolls
(Schedule of Fees and Charges in
Canada) in their respective jurisdictions.
The Tariff sets forth the level of tolls
assessed on all commodities and vessels
transiting the facilities operated by the
GLS and the SLSMC. The GLS is
revising 33 CFR 402.12, ‘‘Schedule of
tolls’’, to reflect the fees and charges
levied by the SLSMC in Canada
DATES:
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20319
beginning in the 2024 navigation
season.
Regulatory Notices: Privacy Act:
Anyone is able to search the electronic
form of all comments received into any
of our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review DOT’s
complete Privacy Act Statement in the
Federal Register published on April 11,
2000 (Volume 65, Number 70; Pages
19477–78) or you may visit https://
www.Regulations.gov.
Regulatory Evaluation
This regulation involves a foreign
affairs function of the United States and
therefore, Executive Order 12866 does
not apply and evaluation under the
Department of Transportation’s
Regulatory Policies and Procedures is
not required.
Regulatory Flexibility Act
Determination
I certify that this regulation will not
have a significant economic impact on
a substantial number of small entities.
The St. Lawrence Seaway Regulations
and Rules primarily relate to
commercial users of the Seaway, the
vast majority of whom are foreign vessel
operators. Therefore, any resulting costs
will be borne mostly by foreign vessels.
Environmental Impact
This regulation does not require an
environmental impact statement under
the National Environmental Policy Act
(49 U.S.C. 4321, et seq.) because it is not
a major Federal action significantly
affecting the quality of the human
environment.
Federalism
The Corporation has analyzed this
rule under the principles and criteria in
Executive Order 13132, dated August 4,
1999, and has determined that this
proposal does not have sufficient
federalism implications to warrant a
Federalism Assessment.
Unfunded Mandates
The Corporation has analyzed this
rule under Title II of the Unfunded
Mandates Reform Act of 1995 (Pub. L.
104–4, 109 Stat. 48) and determined that
it does not impose unfunded mandates
on State, local, and tribal governments
and the private sector requiring a
written statement of economic and
regulatory alternatives.
Paperwork Reduction Act
This regulation has been analyzed
under the Paperwork Reduction Act of
E:\FR\FM\22MRR1.SGM
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]]>Agencies
[Federal Register Volume 89, Number 57 (Friday, March 22, 2024)]
[Rules and Regulations]
[Pages 20318-20319]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05890]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers
33 CFR Part 334
Military Ocean Terminal Concord, California; Restricted Area
AGENCY: U.S. Army Corps of Engineers, DoD.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Army Corps of Engineers (Corps) is amending its
regulations to modify an existing permanent restricted area within
waters along the shoreline of the Military Ocean Terminal Concord
(MOTCO), on the south shore of Suisun Bay, north of the City of
Concord, Contra Costa County, California. The amendment was requested
by U.S. Army Military Surface Deployment and Distribution Command
(SDDC) to expand the boundaries of the MOTCO restricted area in order
to provide an adequate security buffer for MOTCO shoreline
infrastructure and operational needs.
DATES: Effective date: April 22, 2024.
ADDRESSES: U.S. Army Corps of Engineers, Attn: CECW-CO (David Olson),
441 G Street NW, Washington, DC 20314-1000.
FOR FURTHER INFORMATION CONTACT: Mr. David Olson, Headquarters,
Operations and Regulatory Community of Practice, Washington, DC at 202-
761-4922.
SUPPLEMENTARY INFORMATION: 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 paragraph (a) of 33 CFR 334.1110 to expand the boundaries of
the existing MOTCO restricted area. The existing boundary at the
western terminus is shifted approximately 700 yards west along the
shoreline so that it encompasses the mouth of Hastings Slough and
eliminates a potential route of unauthorized encroachment into the
MOTCO installation. Along the central and eastern parts of the
restricted area, the existing boundary is shifted bayward to the edge
of an existing navigation channel (Roe Island Channel, Port Chicago
Reach, and Middle Ground West Reach). The revised eastern boundary
follows the southern edge of the navigation channel, and will not
encroach into or impact vessel traffic in the navigation channel. The
eastern shoreline terminus remains at its original location.
The proposed rule to expand the existing MOTCO restricted area was
published in the January 11, 2023, edition of the Federal Register (88
FR 1532) and the regulations.gov docket number was COE-2022-0012. No
comments were received in response to the proposed rule. The January
11, 2023, proposed rule included coordinates of reference points A
through G along the revised boundary. Minor adjustments to the
coordinates of boundary points D and E have been made in this final
rule to locate the points just outside the boundaries of the adjacent
navigation channel, and ensure that the restricted area does not
encroach on the navigation channel. Additional formatting changes were
made to the coordinates of other points to ensure data consistency. All
coordinates are now shown in decimal degrees to four decimal places,
which did not alter the locations of the points that were not changed
by this final rule.
Procedural Requirements
a. Regulatory Planning and Review. This final rule is not a
``significant regulatory action'' under Executive Order 12866 (58 FR
51735, October 4, 1993) and Executive Order 13563 (76 FR 3821, January
21, 2011) and it was not submitted to the Office of Management and
Budget for review.
b. Review Under the Regulatory Flexibility Act. This final 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). The Corps
expects that the changes to the boundaries of this restricted area will
have no appreciable economic impact on the public, will result in no
anticipated navigational hazards, and will not interfere with existing
waterway traffic. Small entities can still utilize navigable waters
outside of the restricted area. The Corps therefore certifies that this
final rule would have no significant economic impact on small entities.
c. Review Under the National Environmental Policy Act. The Corps
has determined that this rule will not have a significant impact on the
quality of the human environment and, therefore, preparation of an
environmental impact statement is not required. An environmental
assessment was prepared for the final rule and may be reviewed by
contacting the Corps' San Francisco District office at [email protected].
d. Unfunded Mandates Act. The final rule does not impose an
enforceable duty among the private sector and, therefore, is not a
federal private sector mandate, and is not subject to the requirements
of Section 202 or 205 of the Unfunded Mandates Reform Act (Pub. L. 104-
4, 109 Stat. 48, 2 U.S.C. 1501 et seq.). The Corps has also found under
Section 203 of the Act, that small governments will not be
significantly or 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. The Corps 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
[[Page 20319]]
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
Classified information, Marine safety, Navigation (water), Security
measures, Transportation, 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 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. Amend Sec. 334.1110 by revising paragraph (a) to read as follows:
Sec. 334.1110 Military Ocean Terminal Concord; restricted area.
(a) The area. (1) Beginning at point A on the shore west of the
mouth of a small slough (known as Hastings Slough) and passing east of
buoy R ``6'' bearing 60[deg]30' for 2,860 yards, through Point B on the
eastern end of the two Seal Islands, to point C on the southern edge of
the Roe Island Channel near buoy R ``16A''; thence in a generally
easterly direction running along the southern edge of the Roe Island
Channel, Port Chicago Reach and Middle Ground West Reach (points D and
E) to point F directly north of the eastern shore boundary (point G);
thence 180[deg] to point G on the shore line; thence following the high
water shore line in a general westerly direction to the point of
beginning. The coordinates for the points in paragraph (a)(1) of this
section are provided in Table 1.
Table 1 to Paragraph (a)(1)
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
Point A (shoreline)............................. 38.0513 -122.0576
Point B......................................... 38.0579 -122.0430
Point C......................................... 38.0630 -122.0307
Point D......................................... 38.0611 -122.0205
Point E......................................... 38.0593 -122.0010
Point F......................................... 38.0594 -121.9882
Point G (shoreline)............................. 38.0521 -121.9882
------------------------------------------------------------------------
(2) The datum for these coordinates is NAD-83.
* * * * *
Thomas P. Smith,
Chief, Operations and Regulatory Division, Directorate of Civil Works.
[FR Doc. 2024-05890 Filed 3-21-24; 8:45 am]
BILLING CODE 3720-58-P
