The U.S. Army Military Surface Deployment and Distribution Command (SDDC), 834th Transportation Battalion (POC: Chief of Administrative Law, 618-220-5052), has requested that the U.S. Army Corps of Engineers (USACE), San Francisco District, 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, Contra Costa County, 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 24 January 2007. The SDDC officially accepted the former U.S. Navy real estate in Fall 2008 to Winter 2009.
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), USACE is amending the regulations in 33 CFR Part 334 by changing the name of the restricted area. Concurrent with the issuance of this public notice, USACE is publishing the direct final rule in the Federal Register 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.
The Corps expects that the direct 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 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 of the rule. The final NEPA analysis and supporting documentation will be on file with the San Francisco District, Regulatory Division.
USACE is soliciting comments from the public; Federal, State, and local agencies and officials; Native American Nations or other tribal governments; and other interested parties in order to consider and evaluate the impacts of the name change. All comments received by USACE will be considered in the decision on whether to withdraw the direct final rule or to allow the rule to take effect. Comments are also used to determine the need for a public hearing and to determine the overall public interest in the project.
During the specified comment period, interested parties may submit written comments to Naomi Schowalter, San Francisco District, Regulatory Division, 450 Golden Gate Avenue, 4th Floor, Suite 0134, P.O. Box 36152, San Francisco, CA 94102-3406; comment letters should cite the project name, applicant name, and public notice number to facilitate review by the Regulatory Permit Manager. Comments may include a request for a public hearing on the project prior to a determination on the Department of the Army permit application; such requests shall state, with particularity, the reasons for holding a public hearing. All substantive comments will be forwarded to the applicant for resolution or rebuttal. Additional project information or details on any subsequent project modifications of a minor nature may be obtained from the applicant or by contacting the Regulatory Permit Manager by telephone or e-mail (cited in the public notice letterhead). An electronic version of this public notice may be viewed under the Public Notices tab on the USACE website: http://www.spn.usace.army.mil/Missions/Regulatory