13 August 2001 Source: http://www.access.gpo.gov/su_docs/aces/fr-cont.html ------------------------------------------------------------------------- [Federal Register: August 13, 2001 (Volume 66, Number 156)] [Proposed Rules] [Page 42477] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr13au01-20] [[Page 42477]] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE Department of the Army, Corps of Engineers 33 CFR Part 334 United States Army Restricted Area, Skiffes Creek, Fort Eustis, VA AGENCY: United States Army Corps of Engineers, DoD. ACTION: Notice of proposed rulemaking and request for comments. ----------------------------------------------------------------------- SUMMARY: The Corps of Engineers is proposing regulations to establish a restricted area in the vicinity of Skiffes Creek at Fort Eustis, Virginia. These regulations will enable the Army to enhance security around vessels moored at the facility. The regulations will safeguard military vessels and United States government facilities from sabotage and other subversive acts, accidents, or incidents of similar nature. These regulations are also necessary to protect the public from potentially hazardous conditions which may exist as a result of Army use of the area. DATES: Written comments must be submitted on or before September 12, 2001. ADDRESSES U.S. Army Corps of Engineers, ATTN: CECW-OR, 441 G Street, NW., Washington, DC 20314-1000. FOR FURTHER INFORMATION CONTACT: Mr. Frank Torbett, Headquarters Regulatory Branch, Washington, DC at (202) 761-4618, or Mr. Rick Henderson, Corps of Engineers, Norfolk District, at (757) 441-7653. 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 proposes to amend the restricted area regulations in 33 CFR part 334 by adding 334.281 which establishes a restricted area in Skiffes Creek, a tributary of the James River, at Fort Eustis, Virginia. The public currently has unrestricted access to the facility and units assigned there. To better protect vessels and personnel stationed at the facility, the Commander, Fort Eustis, has requested the Corps of Engineers establish a Restricted Area to be enforced whenever the base is in Threat Condition Charlie or Delta. This will enable the Army to implement a waterside security program that is currently not available at the facility. 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. These proposed rules have been reviewed under the Regulatory Flexibility Act (Public Law 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 practically 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 An environmental assessment has been prepared for this action. We have concluded, based on the minor nature of the proposed additional restricted area regulations, that this action, if adopted, will not have a significant impact to the quality of the human environment, and preparation of an environmental impact statement is not required. The environmental assessment may be reviewed at the District office listed at the end of FOR FURTHER INFORMATION CONTACT, 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, 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 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. 281 is added to read as follows: Sec. 334. 281 Skiffes Creek, Fort Eustis, Virginia, Restricted Area. (a) The area. The waters within an area beginning at latitude 37 deg.09'39" N, longitude 76 deg.37'02" W; thence northerly to latitude 37 deg.10'18" N, longitude 76 deg.36'52" west; thence southwesterly along the shoreline to latitude 37 deg.10'05" N, longitude 76 deg.36'34" W; thence northeasterly along the shoreline to latitude 37 deg.10'28" N, longitude 76 deg.36'19" W; thence easterly to latitude 37 deg.10'25" N, longitude 76 deg.36'07" W; thence southwesterly along the shoreline to the point of origin. (b) The regulations. No vessel or persons may enter or pass through the restricted area any time the base is in Threat Condition Charlie or Delta unless specific authorization is granted by the Commander, Fort Eustis, and/or other persons or agencies as he/she may designate. (c) Enforcement. (1) The regulation in this section, promulgated by the United States Army Corps of Engineers, shall be enforced by the Commander, Fort Eustis, and/or other persons or agencies as he/she may designate. (2) Federal and State Law enforcement vessels and personnel may enter the restricted area at any time to enforce their respective laws. Dated: July 23, 2001. Charles M. Hess, Chief, Operations Division, Directorate of Civil Works. [FR Doc. 01-20229 Filed 8-10-01; 8:45 am] BILLING CODE 3710-92-P ----------------------------------------------------------------------- [Federal Register: August 13, 2001 (Volume 66, Number 156)] [Proposed Rules] [Page 42477-42478] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr13au01-21] ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE Department of the Army, Corps of Engineers 33 CFR Part 334 Naval Restricted Area, Naval Station Everett, Washington AGENCY: United States Army Corps of Engineers, DoD. ACTION: Notice of proposed rulemaking and request for comments. ----------------------------------------------------------------------- SUMMARY: The Corps of Engineers is proposing to establish a new restricted area in the waters surrounding Naval Station Everett at Everett, Washington. The designation would effectively establish a 300- foot safety zone around moored vessels and the major piers of this naval base, and lesser distances [[Page 42478]] from its other piers, basins, and shorelines. All persons and vessels would be prohibited from entering or using the waters of the restricted area without prior written permission from the Commanding Officer of the Naval Station Everett. The purpose of the restricted area is to ensure public safety and satisfy the Navy's security, safety, and operational requirements pertaining to the moorage and movement of capital ships and other vessels at a major naval base. DATES: Written comments must be submitted on or before September 12, 2001. ADDRESSES: U.S. Army Corps of Engineers, ATTN: CECW-OR, 20 Massachusetts Avenue, N.W., Washington D. C. 20314-1000 FOR FURTHER INFORMATION CONTACT: Mr. Frank Torbett, Headquarters Regulatory Branch, Washington D.C. at (202) 761-4618 or Mr. Jack Kennedy, Corps of Engineers 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 adding a new Section 334.1215 which would establish a new naval restricted area in the waters of Port Gardner and East Waterway surrounding Naval Station Everett, at Everett, Washington. The points defining the proposed restricted area were selected to avoid any interference with vessel use of the lower reaches of the Snohomish River Waterway, and to minimize the restricted area's encroachment into the waters of East Waterway utilized by adjoining industrial and commercial ventures and the general public. 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 2866 do not apply. b. Review Under the Regulatory Flexibility Act This proposed rule has been reviewed under the Regulatory Flexibility Act (Public Law 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 environmental assessment may be reviewed at the District Office listed at the end of FOR FURTHER INFORMATION CONTACT, 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, Restricted areas, Waterways. For the reasons set out in the preamble, we propose to amend 33 CFR Part 334 to read 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 334.1215 is added to read as follows: Sec. 334.1215 Port Gardner, Naval Station Everett, Everett, WA; Naval Restricted Area. (a) The area. The waters of Port Gardner and East Waterway surrounding Naval Station Everett beginning at Point 1, a point near the northwest corner of Naval Station Everett at latitude 47 deg. 59' 40" North, longitude 122 deg. 13' 23.5" West and thence to latitude 47 deg. 59' 40" North, longitude 122 deg. 13' 30" West (Point 2); thence to latitude 47 deg. 59' 20" North, longitude 122 deg. 13' 33" West (Point 3); thence to latitude 47 deg. 59' 13" North, longitude 122 deg. 13' 38" West (Point 4); thence to latitude 47 deg. 59' 05.5" North, longitude 122 deg. 13' 48.5" West (Point 5); thence to latitude 47 deg. 58' 51" North, longitude 122 deg. 14' 04" West (Point 6); thence to latitude 47 deg. 58' 45.5" North, longitude 122 deg. 13' 53" West (Point 7); thence to latitude 47 deg. 58' 45.5" North, longitude 122 deg. 13' 44" West (Point 8); thence to latitude 47 deg. 58' 48" North, longitude 122 deg. 13' 40" West (Point 9); thence to latitude 47 deg. 58' 59" North, longitude 122 deg. 13' 30" West (Point 10); thence to latitude 47 deg. 59' 14" North, longitude 122 deg. 13' 18" West (Point 11); thence to latitude 47 deg. 59' 13" North, longitude 122 deg. 13' 12" West (Point 12); thence to latitude 47 deg. 59' 20" North, longitude 122 deg. 13' 08" West (Point 13); thence to latitude 47 deg. 59' 20" North, longitude 122 deg. 13' 02.5" West (Point 14), a point upon the Naval Station's shore in the northeast corner of East Waterway. (b) The regulations. (1) All persons and vessels are prohibited from entering the waters within the restricted area for any reason without prior written permission from the Commanding Officer of the Naval Station Everett. (2) Mooring, anchoring, fishing and/or recreational boating shall not be allowed within the restricted area without prior written permission from the Commanding Officer of the Naval Station Everett. (c) Enforcement. The regulations in this section shall be enforced by the Commander, Navy Region Northwest, and such agencies and persons as he/she shall designate. Dated: August 6, 2001. Lawrence A. Lang, Deputy, Operations Division, Directorate of Civil Works. [FR Doc. 01-20231 Filed 8-10-01; 8:45 am] BILLING CODE 3710-GB-P ----------------------------------------------------------------------- [Federal Register: August 13, 2001 (Volume 66, Number 156)] [Proposed Rules] [Page 42475-42476] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr13au01-19] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE Department of the Army, Corps of Engineers 33 CFR Part 334 Naval Restricted Area, Naval Air Station Whidbey Island, Washington AGENCY: U.S. Army Corps of Engineers, DoD. ACTION: Notice of proposed rulemaking and request for written comments. ----------------------------------------------------------------------- SUMMARY: The Corps of Engineers is proposing to establish a new restricted area in the waters of Crescent Harbor, Saratoga Passage, adjacent to Naval Air Station Whidbey Island near Oak Harbor, Washington. Under this proposal, there would be no permanent, around- the-clock restrictions on use of the area. Restrictions would be intermittent and temporary, and only apply when naval training exercises are signaled as in progress. Prior to the commencement of an exercise, the Navy would conduct an air or surface reconnaissance of the area to ensure the [[Page 42476]] area is clear. Vessels underway and laying a course through the area would not be interfered with, but such vessels would not be allowed to delay their progress. Vessels anchored in, or nearing the restricted area during the conduct of an exercise, would be contacted by a Navy patrol boat and advised to depart or steer clear. Exercises would only occur when all vessels and persons were clear of the area. The purpose of this proposal is to ensure public safety and the Navy's ability to conduct training exercises without interference. DATES: Comments must be submitted on or before September 12, 2001. ADDRESSES: U.S. Army Corps of Engineers, ATTN: CECW-OR, 20 Massachusetts Avenue, NW., Washington DC 20314-1000. 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 adding a new Section 334.1218 which would establish a new naval restricted area in the waters of Crescent Harbor, Saratoga Passage, adjacent to Naval Air Station Whidbey Island, near Oak Harbor, Island County, Washington. The restrictions proposed in this request would be intermittent, infrequent, and of short duration. According to the Navy, a review of their operations and restricted areas indicated the need for an additional restricted area in Crescent Harbor, a waterbody used by Explosive Ordinance Disposal Units for training exercises for many years without incident or complaint. The restricted area is required for safety purposes. The exercises in question take place about once a month and require only a very temporary closure of the waterway. A typical training cycle takes approximately one hour. Besides Explosive Ordinance Disposal exercises, the Navy envisions invoking the restrictions during naval training exercises involving activities like aerial minesweeping, underwater object locating, and air-sea rescue. 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 (Public Law 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 environmental assessment may be reviewed at the District Office listed at the end of FOR FURTHER INFORMATION CONTACT, 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, Restricted Areas, Waterways. For the reasons set out in the preamble, we propose to amend 33 CFR Part 334 to read 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. Add new section 334.1218 to read as follows: Sec. 334.1218 Crescent Harbor, Naval Air Station Whidbey Island, Oak Harbor, WA; Naval Restricted Area. (a) The area. The area is drawn from the Polnell Point Light (48 deg.16'22" N, 122 deg.33'32" W) west-southwest to a point in central Crescent Harbor (48 deg.16'00" N, 122 deg.36'00" W) and then due north to a point along Crescent Harbor's northern shoreline on Whidbey Island (48 deg.17'55" N, 122 deg.36'00" W). (b) The regulations. (1) Restrictions would be intermittent, and only apply when naval training exercises are in progress. (2) Prior to the commencement of an exercise, the Navy would conduct an air or surface reconnaissance of the area to ensure the area is clear. Vessels underway and laying a course through the area would not be interfered with, but such vessels would not be allowed to delay their progress. Vessels anchored in, or nearing the restricted area during the conduct of an exercise, will be contacted by a Navy patrol boat and advised to depart or steer clear. (3) Exercises would only occur when all vessels and persons are clear of the area. When exercises are in progress, use of the area will be indicated by the presence of a red ``Bravo'' flag flying from the patrol boat and/or a buoy to be placed at the Southwest corner of the restricted area (latitude 48 deg.16'00" N, longitude 122 deg.36'00"W). (4) During training exercises while the red ``Bravo'' flag is flying from a patrol boat and/or the marker buoy, no vessel, watercraft, or person shall enter or remain within the designated restricted area. Upon completion of an exercise, the red ``Bravo'' flag will be struck and restrictions will cease to apply. (c) Enforcement. The regulations in this section shall be enforced by the Commander, Navy Region Northwest, and such agencies and persons as he/she shall designate. Dated: July 30, 2001. Charles M. Hess, Chief, Operations Division, Directorate of Civil Works. [FR Doc. 01-20230 Filed 8-10-01; 8:45 am] BILLING CODE 3710-GB-P -----------------------------------------------------------------------