Proposed Rule2023-00380
Military Ocean Terminal Concord, California; Restricted Area
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 11, 2023
Issuing agencies
Defense DepartmentEngineers Corps
Abstract
The U.S. Army Military Surface Deployment and Distribution Command (SDDC) requested that the U.S. Army Corps of Engineers (Corps) revise the restricted area boundaries for the Military Ocean Terminal Concord (MOTCO). The MOTCO restricted area is located along the south shore of Suisun Bay, north of the City of Concord, Contra Costa County, California. The request to revise the boundaries of the MOTCO restricted area is due to the need to provide a more sufficient security buffer distance in navigable waters next to critical MOTCO shoreline infrastructure.
Full Text
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<title>Federal Register, Volume 88 Issue 7 (Wednesday, January 11, 2023)</title>
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[Federal Register Volume 88, Number 7 (Wednesday, January 11, 2023)]
[Proposed Rules]
[Pages 1532-1533]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-00380]
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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: Notice of proposed rulemaking and request for comments.
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SUMMARY: The U.S. Army Military Surface Deployment and Distribution
Command (SDDC) requested that the U.S. Army Corps of Engineers (Corps)
revise the restricted area boundaries for the Military Ocean Terminal
Concord (MOTCO). The MOTCO restricted area is located along the south
shore of Suisun Bay, north of the City of Concord, Contra Costa County,
California. The request to revise the boundaries of the MOTCO
restricted area is due to the need to provide a more sufficient
security buffer distance in navigable waters next to critical MOTCO
shoreline infrastructure.
DATES: Written comments must be submitted on or before February 10,
2023.
ADDRESSES: You may submit comments, identified by docket number COE-
2022-0012, by any of the following methods:
Federal eRulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the
instructions for submitting comments.
Email: <a href="/cdn-cgi/l/email-protection#7d191c0b1419531f5312110e12133d080e1c1e18531c0f100453101411"><span class="__cf_email__" data-cfemail="1e7a7f68777a307c3071726d71705e6b6d7f7d7b307f6c736730737772">[email protected]</span></a>. Include the docket number COE-
2022-0012 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-2022-0012.
All comments received will be included in the public docket without
change and may be made available on-line at <a href="http://regulations.gov">http://regulations.gov</a>,
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 <a href="http://regulations.gov">regulations.gov</a> or
email. The <a href="http://regulations.gov">regulations.gov</a> 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 <a href="http://regulations.gov">regulations.gov</a>, 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 disk 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 <a href="http://www.regulations.gov">www.regulations.gov</a>. 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.
[[Page 1533]]
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
proposing to amend its regulations at 33 CFR 334.1110(a) by revising
the restricted area boundaries and making additional editorial changes
to clarify the description of the new boundaries. The existing
restricted area boundary at the western terminus would be 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 installment. Along the central
and eastern parts of the restricted area, the existing restricted area
boundary would be shifted bayward to the existing ship channel, in
order to provide an adequate security buffer around MOTCO's piers. The
revised eastern boundary of the restricted area would follow the
southern edge of the ship channel, and would therefore not impact
vessel traffic in the ship channel. The eastern shoreline terminus of
the restricted area would remain at its current location.
Procedural Requirements
a. Regulatory Planning and Review. This proposed 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 proposed 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 proposed change to the restricted area boundaries is
necessary to eliminate a potential route of unauthorized encroachment
into the MOTCO installation. Small entities can utilize navigable
waters outside of the restricted area. Unless information is obtained
to the contrary during the public notice comment period, the Corps
expects that the modification of the boundaries of this restricted area
would have practically no economic impact on the public, no anticipated
navigational hazard, or interference with existing waterway traffic.
Unless information is obtained to the contrary during the comment
period, the Corps certifies that the proposed rule would have no
significant economic impact on the public.
c. Review Under the National Environmental Policy Act. The Corps
expects that the proposed 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 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
for the decision-making for the final rule. After the environmental
assessment is prepared, it may be reviewed by contacting the Corps' San
Francisco District office at 415-503-6795 or by email at <a href="/cdn-cgi/l/email-protection#50131503001e7d02177d193e363f1025233133357e31223d297e3d393c"><span class="__cf_email__" data-cfemail="7734322427395a25305a3e1911183702041614125916051a0e591a1e1b">[email protected]</span></a>.
d. Unfunded Mandates Act. The 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 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 Register. This proposed rule
is not a ``major rule'' as defined by 5 U.S.C. 804(2).
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 is proposing to
amend 33 CFR part 334 as follows:
PART 334--DANGER ZONE AND RESTRICTED AREA REGULATIONS
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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).
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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. 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.
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Latitude Longitude
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Point A (shoreline).............................. 38.0513 -122.0576
Point B.......................................... 38.0579 -122.043
Point C.......................................... 38.063 -122.0307
Point D.......................................... 38.0612 -122.0204
Point E.......................................... 38.0594 -122.001
Point F.......................................... 38.0594 -121.9882
Point G (shoreline).............................. 38.0521 -121.9882
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The datum for these coordinates is North Atlantic Datum (NAD) 83.
* * * * *
Thomas P. Smith,
Chief, Operations and Regulatory Division.
[FR Doc. 2023-00380 Filed 1-10-23; 8:45 am]
BILLING CODE 3720-58-P
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</html>Indexed from Federal Register on January 11, 2023.
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