[Federal Register: March 25, 2003 (Volume 68, Number 57)]
[Proposed Rules]
[Page 14364-14365]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25mr03-31]
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DEPARTMENT OF DEFENSE
Corps of Engineers, Department of the Army
33 CFR Part 334
United States Naval Restricted Area, Manchester Fuel Depot,
Manchester, WA
AGENCY: Army Corps of Engineers, DoD.
ACTION: Notice of proposed rulemaking and request for comments.
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SUMMARY: The U. S. Army Corps of Engineers is proposing to establish a
new restricted area in the waters of Rich Passage and Puget Sound
surrounding the Manchester Fuel Depot at Manchester, Washington. The
designation would ensure public safety and satisfy the Navy's security,
safety, and operational requirements as they pertain to vessels at the
Manchester Fuel Depot by establishing an area into
[[Page 14365]]
which unauthorized vessels and persons may not enter.
DATES: Comments must be submitted on or before April 24, 2003.
FOR FURTHER INFORMATION CONTACT: Mr. Frank Torbett, Headquarters
Regulatory Branch at (202) 761-4618 or Mr. Jack Kennedy, Corps Seattle
District, at (206) 764-6907.
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 Appropriation Act of 1919 (40 Stat. 892; 33
U.S.C. 3) the Corps proposes to amend the regulations in 33 CFR Part
334 by establishing a new restricted area at Sec. 334.1244, in the
waters of Rich Passage and Puget Sound surrounding the Manchester Fuel
Depot at Manchester, Washington. The points defining the proposed
restricted area were selected to avoid interference with ferryboats and
other users of the adjacent traffic lanes of Rich Passage, and to
minimize the restricted area's interference with nearby fish pens in
Clam Bay and Rich Passage. In addition to the publication of this
proposed rule, the Seattle District Engineer is concurrently soliciting
public comment on these proposed rules by distribution of a public
notice to all known interested parties.
Procedural Requirements
a. Review Under Executive Order 12866
This proposed rule is issued with respect to a military function of
the Defense Department and the provisions of Executive Order 12866 do
not apply.
b. Review Under the Regulatory Flexibility Act
This proposed rule has been reviewed under the Regulatory
Flexibility Act (Pub. L. 96-354), which requires the preparation of a
regulatory flexibility analysis for any regulation that will have a
significant economic impact on a substantial number of small entities
(i.e., small businesses and small governments). The Corps expects that
the economic impact of the establishment of this restricted area would
have no impact on the public, no anticipated navigational hazard or
interference with existing waterway traffic, and accordingly, certifies
that this proposal, if adopted, will have no significant economic
impact on small entities.
c. Review Under the National Environmental Policy Act
The Seattle District has prepared a preliminary Environmental
Assessment (EA) for this action. The preliminary EA concluded that this
action will not have a significant impact on the human environment.
After receipt and analysis of comments from this Federal Register
posting and the Seattle District's concurrent Public Notice, the Corps
will prepare a final environmental document detailing the scale of
impacts this action will have upon the human environment. The EA will
be be available for review at the Seattle District office listed at the
end of the FOR FURTHER INFORMATION CONTACT paragraph above.
d. Unfunded Mandates Act
This proposed 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 Act. We have also found under Section 203 of the Act
that small governments will not be significantly and uniquely affected
by this rulemaking.
List of Subjects in 33 CFR Part 334
Danger zones, Marine safety, Navigation (water), Restricted areas,
Waterways.
For the reasons set out in the preamble, we propose to amend 33 CFR
Part 334 as follows:
PART 334--DANGER ZONE AND RESTRICTED AREA REGULATIONS
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).
2. Section 334.1244 is added to read as follows:
Sec. 334.1244 Rich Passage, Manchester Fuel Depot, Manchester,
Washington; Naval Restricted Area.
(a) The area. The waters of Rich Passage and Puget Sound
surrounding the Manchester Fuel Depot Point A, a point along the
northern shore of the fuel depot at latitude 47[deg]34' 03'' North,
longitude 122[deg]32' 17'' West; thence to latitude 47[deg]34' 00''
North, longitude 122[deg]31' 50'' West (Point B); thence to latitude
47[deg]33' 37'' North, longitude 122[deg]31' 50'' West (Point C);
thence to latitude 47[deg]33' 32'' North, longitude 122[deg]32' 06''
West (Point D); thence to latitude 47[deg]33' 45'' North, longitude
122[deg]32' 20'' West (Point E), a point in Puget Sound on the southern
shoreline of the Manchester Fuel Depot.
(b) The regulation. (1) All persons and vessels are prohibited from
entering the waters within the restricted area for any reason without
prior written permission from the Officer in Charge of the Manchester
Fuel Depot.
(2) Mooring, anchoring, fishing, transit and/or swimming shall not
be allowed within the restricted area without prior written permission
from the Officer in Charge of the Manchester Fuel Depot.
(c) Enforcement. The regulation in this section shall be enforced
by the Officer in Charge of the Manchester Fuel Depot, and such
agencies and persons as he/she shall designate.
Approved: February 20, 2003.
Lawrence A. Lang,
Acting Chief, Operations Division, Directorate of Civil Works.
[FR Doc. 03-6967 Filed 3-24-03; 8:45 am]