[Federal Register Volume 75, Number 168 (Tuesday, August 31, 2010)]
[Rules and Regulations]
[Pages 53197-53198]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-21752]
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DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers
33 CFR Part 334
Restricted Area in Cape Fear River and Tributaries at Sunny Point
Army Terminal, Brunswick County, NC
AGENCY: U.S. Army Corps of Engineers, DoD.
ACTION: Direct final rule.
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SUMMARY: The U.S. Army requested that the U.S. Army Corps of Engineers
(Corps) revise the regulation for the restricted area in the Cape Fear
River and its tributaries at Sunny Point Army Terminal, Brunswick
County, North Carolina, by renaming the marker buoys and specifying the
latitude and longitude for those buoys. There are no other changes
proposed for this restricted area regulation. The purpose of the rule
is to correct the buoys designating the boundary of the restricted
area. The restricted area provides security for the facility, and
prevents acts of terrorism, sabotage, or other criminal acts against
the facility, including vessels loading and offloading at the Sunny
Point Army Terminal.
DATES: This rule is effective November 1, 2010 without further notice,
unless the Corps receives adverse comment by September 30, 2010. 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-
2010-0015, by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov. Follow the
instructions for submitting comments.
E-mail: [email protected]. Include the docket number
COE-2010-0015 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-2010-0015.
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
e-mail. The regulations.gov Web site 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 e-
mail directly to the Corps without going through regulations.gov, your
e-mail 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 disk or CD-ROM 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 http://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 Richard K. Spencer, U.S. Army Corps of Engineers,
Wilmington District, at 910-251-4172.
SUPPLEMENTARY INFORMATION: By letter dated February 22, 2010, the Corps
of Engineers was informed that the federal channel navigation buoys
that mark the Cape Fear River main navigation channel and the
boundaries of the restricted zone at the Sunny Point Army Terminal have
been replaced with new buoys. The Army requests that the rule be
revised because the current federal channel navigation buoys
identification numbers no longer correspond to the regulation for the
restricted area at the Sunny Point Army Terminal. In response to this
request by the U.S. Army, and pursuant to its authorities under 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
revising the restricted area regulation.
The Corps is publishing this rule without prior proposal because we
view this as a non-controversial amendment and anticipate no adverse
comment.
In the ``Proposed Rules'' section of today's Federal Register, we
are publishing a separate document that will serve as the proposal to
revise this restricted area regulation if adverse comments are filed.
This rule will be effective on November 1, 2010 without further notice
unless we receive adverse comment by September 30, 2010 . If we receive
adverse comment, we will publish a timely withdrawal in the Federal
Register informing the public that the direct final rule will not take
effect. We will address all public comments in a subsequent final rule
based on the proposed rule. We will not institute a second comment
period on this action. Any parties interested in commenting must do so
at this time.
Procedural Requirements
a. Review Under Executive Order 12866. This 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 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 has determined that revising this restricted
area regulation would have practically no economic impact on the
public, or result in no anticipated navigational hazard or interference
with existing waterway traffic. This will have no significant economic
impact on small entities.
[[Page 53198]]
c. Review Under the National Environmental Policy Act. The Corps
expects that the final rule 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 has been prepared and it may be reviewed at the District
office listed at the end of the FOR FURTHER INFORMATION CONTACT, above.
If we receive adverse comment, an environmental assessment will be
prepared for the subsequent final rule.
d. Unfunded Mandates Act. The 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 (Pub. L. 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.
0
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. Revise Sec. 334.450 as follows:
Sec. 334.450 Cape Fear River and tributaries at Sunny Point Army
Terminal, Brunswick County, NC; restricted area.
(a) The area. That portion of Cape Fear River due west of the main
ship channel extending from U.S. Coast Guard buoy No. 35
(34[deg]02'03.218'' N, 077[deg]56'28.755'' W) at the north approach
channel to Sunny Point Army Terminal to U.S. Coast Guard buoy No. 27
(33[deg]58'16.12'' N, 077[deg]56'59.736'' W) at the south approach
channel to Sunny Point Army Terminal and all waters of its tributaries
therein.
(b) Except in cases of extreme emergency, all persons or vessels of
any size or rafts other than those authorized by the Commander, Sunny
Point Army Terminal, are prohibited from entering this area without
prior permission of the enforcing agency.
(c) The regulations in this section shall be enforced by the
Commander, Sunny Point Army Terminal, Southport, North Carolina, and
such agencies as he/she may designate.
Dated: August 13, 2010.
Michael G. Ensch,
Chief, Operations, Directorate of Civil Works.
[FR Doc. 2010-21752 Filed 8-30-10; 8:45 am]
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