83 FR 64024 - Military Ocean Terminal Concord, CA; Restricted Area
DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers Federal Register Volume 83, Issue 239 (December 13, 2018)
Department of the Army, Corps of Engineers
Federal Register Volume 83, Issue 239 (December 13, 2018)
| Page Range | 64024-64026 | |
| FR Document | 2018-27031 |
[Federal Register Volume 83, Number 239 (Thursday, December 13, 2018)] [Rules and Regulations] [Pages 64024-64026] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-27031] ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE Department of the Army, Corps of Engineers 33 CFR Part 334 Military Ocean Terminal Concord, CA; Restricted Area AGENCY: U.S. Army Corps of Engineers, DoD. ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The U.S. Army Military Surface Deployment and Distribution [[Page 64025]] Command (SDDC) requested that the U.S. Army Corps of Engineers (Corps) change the name of a restricted area from ``Suisun Bay at Naval Weapons Station, Concord; restricted area'' to ``Military Ocean Terminal Concord (MOTCO); restricted area.'' The restricted area is located in Suisun Bay, north of the City of Concord, California. The request to change the name of the restricted area is due to a transfer of real estate from the U.S. Navy to the U.S. Army SDDC. A Memorandum of Agreement between the U.S. Navy and the U.S. Army for the interagency transfer of base closure property and all associated environmental programs for portions of the Naval Weapons Station Seal Beach Detachment Concord was signed on January 24, 2007. The SDDC officially accepted the former U.S. Navy real estate in Fall 2008 to Winter 2009. DATES: This rule is effective February 11, 2019 without further notice, unless the Corps receives adverse comment by January 14, 2019. 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- 2018-0006, by any of the following methods: Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. Email: [email protected] ;usace.army.mil. Include the docket number COE-2018-0006 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-2018-0006. 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 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 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 Community of Practice, Washington, DC at 202- 761-4922 or Ms. Naomi Schowalter, U.S. Army Corps of Engineers, San Francisco District, at 415-503-6763. SUPPLEMENTARY INFORMATION: By letter dated October 23, 2018, SDDC's 834th Transportation Battalion Commander requested the restricted area name change from ``Suisun Bay at Naval Weapons Station, Concord; restricted area'' to ``Military Ocean Terminal Concord (MOTCO); restricted area.'' The request was made because of the transfer of the restricted area property from the U.S. Navy to the U.S. Army SDDC. 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 the regulations in 33 CFR part 334 by changing the name of the restricted area. The Corps is publishing this rule without prior proposal because we view this as a non-controversial amendment and anticipate no adverse comment. We are only changing the name of the facility associated with this restricted area, and are not changing the restricted area itself or the rules governing that restricted area. Procedural Requirements a. Review Under Executive Orders 12866 and 13563. 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 direct final rule has not been designated a ``significant regulatory action,'' under Executive Order 12866. Accordingly, this direct final 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 determined this direct final rule is not a significant regulatory action. This regulatory action determination is based on this direct final rule being limited to a name change for the facility associated with the restricted area, from ``Suisun Bay at Naval Weapons Station, Concord'' to ``Military Ocean Terminal Concord.'' This direct final rule is issued with respect to a military function of the Department of Defense. b. Review Under the Regulatory Flexibility Act. This 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). This rulemaking is limited to changing the name of the facility to which the existing regulations apply, and no changes are being made to the restricted area itself or to the regulations governing that restricted area. Unless information is obtained to the contrary during the comment period, the Corps certifies that the direct final rule would have no significant economic impact on the public. After considering the economic impacts of this direct final rule 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. The Corps expects that the direct final rule will not have a significant impact to the quality [[Page 64026]] 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. If no adverse comments are received, the environmental assessment will be prepared before the effective date. After the environmental assessment is prepared, it may be reviewed at the District office listed at the end of the FOR FURTHER INFORMATION CONTACT, above. d. Unfunded Mandates Act. The direct 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 (Public Laws 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. 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 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 the section heading and paragraph (b) to read as follows: Sec. 334.1110 Military Ocean Terminal Concord; restricted area. (a) * * * (b) The regulations. (1) No person, vessel, watercraft, conveyance or device shall enter or cause to enter or remain in this area. No person shall refuse or fail to remove any person or property in his custody or under his control from this area upon the request of the Commanding Officer of Military Ocean Terminal Concord or his/her authorized representative. (2) The regulations in this section shall be enforced by the Commanding Officer, Military Ocean Terminal Concord, and such agencies as he/she shall designate. Dated: December 6, 2018. Thomas P. Smith, Chief, Operations and Regulatory Division Directorate of Civil Works. [FR Doc. 2018-27031 Filed 12-12-18; 8:45 am] BILLING CODE 3720-58-P
![64024 Federal Register / Vol. 83, No. 239 / Thursday, December 13, 2018 / Rules and Regulations
Vessels able to pass through the ACTION:Notice of deviation from mile 4.3, all crossing the Lake
bridge in the closed position may do so drawbridge regulation. Washington Ship Canal at Seattle, WA,
at anytime. The bridge will be able to to facilitate morning and afternoon re-
open for emergencies if at least 72-hour SUMMARY: The Coast Guard has issued a routed roadway traffic. Washington
notice is given to the bridge operator. temporary deviation from the operating Department of Transportation is closing
There is no immediate alternate route schedule that governs the Ballard
the Alaskan Way Viaduct forever, and
for vessels to pass. The Coast Guard will Bridge, mile 1.1, the Fremont Bridge,
have not finished building new ramp
also inform the users of the waterway mile 2.6, and the University Bridge,
approaches to the new SR99 Tunnel
through our Local and Broadcast mile 4.3, all crossing the Lake
Washington Ship Canal at Seattle, WA. into Seattle, WA. During the closure of
Notices to Mariners of the change in
The deviation is necessary to the viaduct, SDOT will be re-routing
operating schedule for the bridge so that
accommodate re-routed roadway traffic roadway traffic into Seattle across the
vessel operators can arrange their
transits to minimize any impact caused while the Alaskan Way Viaduct is Lake Washington Ship Canal, and
by the temporary deviation. closed. This deviation allows the subject requested to extend the closure hours of
In accordance with 33 CFR 117.35(e), bridges to remain in the closed-to- the subject bridges. The Ballard Bridge
the drawbridge must return to its regular navigation position to allow congested provides a vertical clearance of 29 feet
operating schedule immediately at the roadway traffic to move easier. in the closed-to-navigation position; the
end of the effective period of this DATES: This deviation is effective from Fremont Bridge provides a vertical
temporary deviation. This deviation 7 a.m. on January 11, 2019, to 7 p.m. on clearance of 14 feet (31 feet of vertical
from the operating regulations is February 9, 2019. clearance for the center 36 horizontal
authorized under 33 CFR 117.35. ADDRESSES: The docket for this
feet) in the closed-to-navigation
Dated: December 10, 2018. deviation, USCG–2018–1053 is available position; the University Bridge provides
Carl T. Hausner, at http://www.regulations.gov. Type the a vertical clearance of 30 feet (45 feet at
District Bridge Chief, Eleventh Coast Guard docket number in the ‘‘SEARCH’’ box the center) in the closed-to-navigation
District. and click ‘‘SEARCH.’’ Click on Open position. Vertical clearances refer to the
[FR Doc. 2018–26997 Filed 12–12–18; 8:45 am] Docket Folder on the line associated Mean Water Level of Lake Washington.
BILLING CODE 9110–04–P with this deviation. The normal operating schedule for the
FOR FURTHER INFORMATION CONTACT: If three subject bridges is in 33 CFR
you have questions on this temporary 117.1051(d).
DEPARTMENT OF HOMELAND deviation, call or email Mr. Steven During this deviation period, the three
SECURITY Fischer, Bridge Administrator, subject bridge draws need not open per
Thirteenth Coast Guard District; the following table for vessels of less
Coast Guard
telephone 206–220–7282, email d13-pf- than 1000 gross tons, unless the vessel
d13bridges@uscg.mil. has in tow a vessel of 1000 gross tones
33 CFR Part 117
SUPPLEMENTARY INFORMATION: Seattle or more:
[Docket No. USCG–2018–1053] Department of Transportation (SDOT),
the owner of the impacted drawbridges,
Drawbridge Operation Regulation;
requested a temporary deviation from
Lake Washington Ship Canal, Seattle,
the operating schedule for the Ballard
WA
Bridge, mile 1.1, the Fremont Bridge,
AGENCY: Coast Guard, DHS. mile 2.6, and the University Bridge,
Span
Bridge Date Time position
Fremont ....................................................... Jan 11, 2019 to Feb 9, 2019 ..................... 7 a.m. to 10 a.m ........................................ Closed.
Fremont ....................................................... Jan 11, 2019 to Feb 9, 2019 ..................... 3:30 p.m. to 7 p.m ..................................... Closed.
Ballard ......................................................... Jan 11, 2019 to Feb 9, 2019 ..................... 7 a.m. to 10 a.m ........................................ Closed.
Ballard ......................................................... Jan 11, 2019 to Feb 9, 2019 ..................... 3:30 p.m. to 7 p.m ..................................... Closed.
University .................................................... Jan 11, 2019 to Feb 9, 2019 ..................... 7 a.m. to 10 a.m ........................................ Closed.
University .................................................... Jan 11, 2019 to Feb 9, 2019 ..................... 3:30 p.m. to 7 p.m ..................................... Closed.
Waterway usage on the Lake transits to minimize any impact caused DEPARTMENT OF DEFENSE
Washington Ship Canal range from by the temporary deviation.
commercial tug and barge to small In accordance with 33 CFR 117.35(e), Department of the Army, Corps of
pleasure craft. Vessels able to pass the three drawbridges must return to Engineers
through the subject bridges in the their regular operating schedules
closed-to-navigation position may do so immediately at the end of the effective 33 CFR Part 334
at any time. All three bridges will not period of this temporary deviation. This
deviation from the operating regulations Military Ocean Terminal Concord, CA;
be able to open for emergencies, and
is authorized under 33 CFR 117.35. Restricted Area
there is no immediate alternate route for
amozie on DSK3GDR082PROD with RULES
vessels to pass. The Coast Guard will Dated: December 3, 2018. AGENCY: U.S. Army Corps of Engineers,
also inform the users of the waterways Steven M. Fischer, DoD.
through our Local and Broadcast Bridge Chief Administrator, Thirteenth Coast ACTION: Direct final rule.
Notices to Mariners of the change in Guard District.
operating schedule for the bridges so [FR Doc. 2018–26976 Filed 12–12–18; 8:45 am] SUMMARY: The U.S. Army Military
that vessel operators can arrange their BILLING CODE 9110–04–P Surface Deployment and Distribution
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![64026 Federal Register / Vol. 83, No. 239 / Thursday, December 13, 2018 / Rules and Regulations
of the human environment and, (b) The regulations. (1) No person, (NAAQS). These SIP revisions address
therefore, preparation of an vessel, watercraft, conveyance or device the South Coast Air Quality
environmental impact statement will shall enter or cause to enter or remain Management District (SCAQMD), San
not be required. An environmental in this area. No person shall refuse or Joaquin Valley Air Pollution Control
assessment will be prepared after the fail to remove any person or property in District (SJVAPCD) and Yolo-Solano Air
public notice period is closed and all his custody or under his control from Quality Management District
comments have been received and this area upon the request of the (YSAQMD) portions of the California
considered. If no adverse comments are Commanding Officer of Military Ocean SIP.
received, the environmental assessment Terminal Concord or his/her authorized
will be prepared before the effective representative. DATES: This rule is effective on January
date. After the environmental (2) The regulations in this section 14, 2019.
assessment is prepared, it may be shall be enforced by the Commanding ADDRESSES: The EPA has established a
reviewed at the District office listed at Officer, Military Ocean Terminal docket for this action under Docket ID
the end of the FOR FURTHER INFORMATION Concord, and such agencies as he/she No. EPA–R09–OAR–2018–0587. All
CONTACT, above. shall designate. documents in the docket are listed on
d. Unfunded Mandates Act. The Dated: December 6, 2018. the http://www.regulations.gov website.
direct final rule does not impose an Thomas P. Smith, Although listed in the index, some
enforceable duty among the private Chief, Operations and Regulatory Division information is not publicly available,
sector and, therefore, are not a Federal Directorate of Civil Works. e.g., Confidential Business Information
private sector mandate and are not [FR Doc. 2018–27031 Filed 12–12–18; 8:45 am] or other information whose disclosure is
subject to the requirements of Section BILLING CODE 3720–58–P
restricted by statute. Certain other
202 or 205 of the Unfunded Mandates material, such as copyrighted material,
Reform Act (Public Laws 104–4, 109 is not placed on the internet and will be
Stat. 48, 2 U.S.C. 1501 et seq.). We have ENVIRONMENTAL PROTECTION publicly available only in hard copy
also found under Section 203 of the Act, AGENCY form. Publicly available docket
that small governments will not be materials are available through http://
significantly or uniquely affected by this 40 CFR Part 52 www.regulations.gov, or please contact
rulemaking. the person identified in the FOR FURTHER
[EPA–R09–OAR–2018–0587; FRL–9986–16– INFORMATION CONTACT section for
List of Subjects in 33 CFR Part 334 Region 9]
additional availability information.
Danger zones, Navigation (water), Revisions to California State FOR FURTHER INFORMATION CONTACT:
Restricted areas, Waterways. Implementation Plan; South Coast Air Laura Yannayon, EPA Region 9, (415)
For the reasons set out in the Quality Management District, San 972–3534, yannayon.laura@epa.gov.
preamble, the Corps amends 33 CFR Joaquin Valley Air Pollution Control
SUPPLEMENTARY INFORMATION:
part 334 as follows: District and Yolo-Solano Air Quality
Management; Nonattainment New Throughout this document, the terms
PART 334—DANGER ZONE AND Source Review Requirements for the ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA.
RESTRICTED AREA REGULATIONS 2008 8-Hour Ozone Standard Table of Contents
■ 1. The authority citation for part 334 AGENCY: Environmental Protection I. Proposed Action
Agency (EPA). II. Public Comments and EPA Responses
continues to read as follows: III. EPA Action
ACTION: Final rule.
Authority: 40 Stat. 266 (33 U.S.C. 1) and IV. Statutory and Executive Order Reviews
40 Stat. 892 (33 U.S.C. 3). SUMMARY: The Environmental Protection I. Proposed Action
■ 2. Amend § 334.1110 by revising the Agency (EPA) is finalizing action on
section heading and paragraph (b) to three state implementation plan (SIP) On August 20, 2018 (83 FR 42063),
read as follows: revisions submitted by the State of the EPA proposed to approve the SIP
California addressing the nonattainment revisions listed in Table 1, addressing
§ 334.1110 Military Ocean Terminal new source review (NNSR) the NNSR requirements for the 2008 8-
Concord; restricted area. requirements for the 2008 8-hour ozone hour ozone NAAQS for the SCAQMD,
(a) * * * National Ambient Air Quality Standards SJVAPCD and YSAQMD.
TABLE 1—SUBMITTED CERTIFICATION LETTERS
District Adoption date Submittal date
South Coast AQMD ................................................................................................................................................. 7/7/2017 11/16/17
San Joaquin Valley APCD ....................................................................................................................................... 4/19/18 6/19/18
Yolo-Solano AQMD ................................................................................................................................................. 3/14/18 6/19/18
We proposed approval of these SIP II. Public Comments and EPA of the submitted 2008 ozone
revisions because we determined that Responses certifications for each district.
amozie on DSK3GDR082PROD with RULES
the 2008 ozone certification submitted
The EPA’s proposed action provided III. EPA Action
for each district fulfills the 40 CFR
51.1114 revision requirement and meets a 30-day public comment period. During No comments were submitted that
the requirements of Clean Air Act (CAA) this period, we received three comments change our assessment of the 2008
section 110 and the minimum SIP on the proposed rule. None of those ozone certifications as described in our
requirements of 40 CFR 51.165. comments are germane to our evaluation proposed action. Therefore, as
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Document Created: 2018-12-13 01:16:15
Document Modified: 2018-12-13 01:16:15
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Direct final rule. | |
| Dates | This rule is effective February 11, 2019 without further notice, unless the Corps receives adverse comment by January 14, 2019. 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. | |
| Contact | Mr. David Olson, Headquarters, Operations and Regulatory Community of Practice, Washington, DC at 202- 761-4922 or Ms. Naomi Schowalter, U.S. Army Corps of Engineers, San Francisco District, at 415-503-6763. | |
| FR Citation | 83 FR 64024 | |
| CFR Associated | Danger Zones; Navigation (Water); Restricted Areas and Waterways |
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