Skip to Content

We invite you to try out our new beta eCFR site at We’ve made big changes to make the eCFR easier to use. Be sure to leave feedback using the 'Feedback' button on the bottom right of each page!

Proposed Rule

United States Navy Restricted Area, Puget Sound, Naval Station Everett, Washington

Document Details

Information about this document as published in the Federal Register.

Document Statistics
Document page views are updated periodically throughout the day and are cumulative counts for this document. Counts are subject to sampling, reprocessing and revision (up or down) throughout the day.
Published Document

This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format.

Start Preamble


U.S. Army Corps of Engineers, DoD.


Notice of proposed rulemaking and request for comments.


The U.S. Army Corps of Engineers is proposing to amend its regulations for the restricted area established in the waters of Puget Sound adjacent to Naval Station Everett, Everett, Snohomish County, Washington. The amendments will enable the affected units of the United States military to enhance safety and security around an active military establishment. The regulations are necessary to safeguard military vessels and United States government facilities from sabotage and other subversive acts, accidents, or incidents of similar nature. The regulations are also necessary to protect the public from potentially hazardous conditions that may exist as a result of military use of the area.


Written comments must be submitted by April 16, 2010.


You may submit comments, identified by docket number COE-2010-0003, by any of the following methods:Start Printed Page 12719

Federal eRulemaking Portal: Follow the instructions for submitting comments.

E-mail: Include the docket number, COE-2010-0003, 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-2010-0003. All comments received will be included in the public docket without change and may be made available on-line at, 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 or e-mail. The 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, 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 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.

Start Further Info


Mr. David Olson, Headquarters, Operations and Regulatory Community of Practice, Washington, DC at 202-761-4922 or Ms. Michelle Walker, Regulatory Branch Chief, U.S. Army Corps of Engineers, at 206-764-6915 or Ms. Vicky Didenhover, of the Regulatory Branch, U.S. Army Corps of Engineers, at 206-764-3311.

End Further Info End Preamble Start Supplemental 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 is proposing to amend its regulations at 33 CFR part 334 by modifying the area at § 334.1215. The proposed modification to this existing restricted area is described below. The intent of the proposed rule is to increase safety and security of naval operations at Naval Station Everett.

In addition to the publication of the proposed rule in the Federal Register, the Seattle District is concurrently soliciting public comment on the proposed rule by distribution of a public notice to all known interested parties.

Procedural Requirements

a. Review Under Executive Order 12866. The proposed rule is issued with respect to a military function of the Department of Defense 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 the proposed modification to the existing restricted area would have practically no economic impact on the public, and would create no anticipated navigational hazards or interference with existing waterway traffic.

c. Review under the National Environmental Policy Act. The Corps has made a preliminary determination, based on the minor nature of the proposed rule, that the modification of this restricted area, if adopted, will not be a major Federal action having 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. After it is prepared, the environmental assessment may be reviewed at the District office listed at the end of the FOR FURTHER INFORMATION CONTACT section, 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 section mandate and is not subject to the requirements of either Section 202 or Section 205 of the Unfunded Mandates Reform Act (Pub. L. 104-4). We have also found under section 203 of the Act that small governments will not be significantly and uniquely affected by this rulemaking.

Start List of Subjects

List of Subjects in 33 CFR Part 334

End List of Subjects

For the reasons stated in the preamble, the Corps proposes to amend 33 CFR Part 334 as follows:

Start Part


1. The authority citation for 33 CFR part 334 continues to read as follows:

Start Authority

Authority: 40 Stat. 266 (33 U.S.C. 1) and 40 Stat. 892 (33 U.S.C. 3).

End Authority

2. Revise § 334.1215 to read as follows:

Port Gardner, Naval Station Everett, Naval Restricted Area, Everett, Washington.

(a) The area. The waters of Port Gardner and East Waterway surrounding Naval Station Everett beginning at a point near the northwest corner of Naval Station Everett at latitude 47°59′40″ N, longitude 122°13′23.5″ W (Point 1) and thence to latitude 47°59′40″ N, longitude 122°13′30″ W (Point 2); thence to latitude 47°59′20″ N, longitude 122°13′33″ W (Point 3); thence to latitude 47°59′13″ N, longitude 122°13′38″ W (Point 4); thence to latitude 47°59′05.5″ N, longitude 122°13′48.5″ W (Point 5); thence to latitude 47°58′46″ N, longitude 122°14′11″ W (Point 6); thence to latitude 47°58′39.5″ N, longitude 122°13′59″ W (Point 7); thence to latitude 47°58′39″ N, longitude 122°13′42″ W (Point 8); thence to latitude 47°58′57″ N, longitude 122°13′25″ W (Point 9); thence to latitude 47°59′20″ N, longitude 122°13′08″ W (Point 10); thence to latitude 47°59′20″ N, longitude 122°13′02.5″ W (Point 11), a point upon the Naval Station's shore in the northeast corner of East Waterway.Start Printed Page 12720

(b) The regulation. (1) All persons and vessels are prohibited from entering the waters in the restricted area for any reason without prior written permission from the Commanding Officer, Naval Station Everett.

(2) Mooring, anchoring, fishing and/or recreational boating are prohibited in the restricted area without prior written permission from the Commanding Officer, Naval Station Everett.

(c) Enforcement. The regulation in this section shall be enforced by the Commanding Officer, Naval Station Everett and such agencies and persons as he/she shall designate.

Start Signature

Dated: March 10, 2010.

Michael G. Ensch,

Chief, Operations, Directorate of Civil Works.

End Signature End Part End Supplemental Information

[FR Doc. 2010-5740 Filed 3-16-10; 8:45 am]