80 FR 35620 - West Arm Behm Canal, Naval Surface Warfare Center, Ketchikan Alaska; Restricted Areas.
DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers Federal Register Volume 80, Issue 119 (June 22, 2015)
Department of the Army, Corps of Engineers
Federal Register Volume 80, Issue 119 (June 22, 2015)
| Page Range | 35620-35621 | |
| FR Document | 2015-15294 |
[Federal Register Volume 80, Number 119 (Monday, June 22, 2015)] [Proposed Rules] [Pages 35620-35621] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-15294] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE Department of the Army, Corps of Engineers 33 CFR Part 334 West Arm Behm Canal, Naval Surface Warfare Center, Ketchikan Alaska; Restricted Areas. AGENCY: U.S. Army Corps of Engineers, DoD. ACTION: Notice of proposed amendment and request for comments. ----------------------------------------------------------------------- SUMMARY: The U.S. Army Corps of Engineers (Corps) is proposing to amend existing regulations for an existing restricted area near Ketchikan, Alaska to correct inaccuracies in regards to flashing beacon light descriptions, point of contact changes, and restrictive area distances for small craft. DATES: Written comments must be submitted on or before July 22, 2015. ADDRESSES: You may submit comments, identified by docket number COE- 2015-0009, by any of the following methods: Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. Email: [email protected]. Include the docket number, COE-2015-0009, 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-2015-0009. All comments received will be included in the public docket without change and may be made available on-line at http://www.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 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 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 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 www.regulations.gov. All documents in the docket are listed. Although listed in [[Page 35621]] 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. Linda Speerstra, U.S. Army Corps of Engineers, Alaska District, Regulatory Division, at 907-747-0658. 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 is proposing to amend the regulation at 33 CFR part 334 by amending existing language applicable to restricted area in the waters of the West Arm Behm Canal, Naval Surface Warfare Center, Ketchikan Alaska; Area No. 5. The proposed amendment would revise the wording of the existing restricted area description to accurately describe the installed light configuration, update contact information and increase vessel transiting area. 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 (Public Law 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 restricted area is necessary to protect users of this waterway during naval operations. The restricted area will only be closed for brief amounts of time (usually no more than 20 minutes) when it is activated. 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. After considering the economic impacts of this proposed restricted area regulation 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. Due to the administrative nature of this action and because there is no intended change in the use of the area, the Corps expects that these amendments to regulation, if adopted, will not have a significant impact on 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. d. Unfunded Mandates Act. This proposed rule does not contain a Federal mandate that may result in expenditures of $100 million or more for State, local, and Tribal governments, in the aggregate, or the private sector in any one year. Therefore, this proposed rule is not subject to the requirements of Sections 202 and 205 of the Unfunded Mandates Reform Act (UMRA). The proposed rule contains no regulatory requirements that might significantly or uniquely affect small governments. Therefore, the proposed rule is not subject to the requirements of Section 203 of UMRA. 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 proposes to amend 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. 334.1275 by revising paragraphs (b)(5), (c) and (d) to read as follows: Sec. 334.1275 West Arm Behm Canal, Ketchikan, Alaska, restricted area. * * * * * (b) * * * (5) Area No. 5. (i) The area will be open unless the Navy is actually conducting operations. To ensure safe and timely passage through the restricted area vessel operators are required to notify the Facility Control Officer of their expected time of arrival, speed and intentions. For vessels not equipped with radio equipment, the Navy shall signal with flashing beacon lights whether passage is prohibited and when it is safe to pass through the area. A flashing amber beacon means that the area is closed to all vessels and to await a clear signal. The flashing amber beacon not lighted is the clear signal and indicates that vessels may proceed through the area. Each closure of the area by the Navy will normally not exceed 20 minutes. (ii) When Area No. 5 restrictions are in place, vessels may operate within 1000 yards of the shoreline at speeds no greater than 5 knots in accordance with the restriction in effect in Area No. 3. (c) Vessels will be allowed to transit Restricted Area #5 within 20 minutes of marine radio or telephone notification to the Navy Facility Control Officer. (d) Enforcement. The regulations in this section shall be enforced by the Commander, Naval Surface Warfare Center, Carderock Division, and such agencies he/she may designate. Dated:_May 12, 2015. Edward E. Belk, Jr., Chief, Operations and Regulatory Division, Directorate of Civil Works. [FR Doc. 2015-15294 Filed 6-19-15; 8:45 am] BILLING CODE 3720-58-P
![35620 Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Proposed Rules
calendar year to which the statements PART 26—ESTATE TAXES flashing beacon light descriptions, point
relate (or the first business day after of contact changes, and restrictive area
such October 15 if October 15 falls on ■ Par. 10. The authority citation for part distances for small craft.
a Saturday, Sunday, or legal holiday). 26 continues to read in part as follows:
DATES: Written comments must be
The filer must maintain access to Authority: 26 U.S.C. 7805* * * submitted on or before July 22, 2015.
corrected statements that are posted on ■ Par. 11. Section 26.2642–1 is ADDRESSES: You may submit comments,
the Web site through October 15 of the amended by adding a sentence at the identified by docket number COE–
year following the calendar year to end of paragraph (a) to read as follows: 2015–0009, by any of the following
which the statements relate (or the first methods:
business day after such October 15 if § 26.2642–1 Inclusion ratio.
Federal eRulemaking Portal: http://
October 15 falls on a Saturday, Sunday, (a) * * * For generation-skipping www.regulations.gov. Follow the
or legal holiday) or the date 90 days transfer tax rules related to an ABLE instructions for submitting comments.
after the corrected statements are account established under section 529A, Email: david.b.olson@usace.army.mil.
posted, whichever is later. The rules in see regulations promulgated thereunder. Include the docket number, COE–2015–
this paragraph (a)(6) do not replace the * * * * * 0009, in the subject line of the message.
filer’s obligation to keep records under ■ Par. 12. Section 26.2652–1 is Mail: U.S. Army Corps of Engineers,
section 6001 and § 1.6001–1(a) of this amended by adding a sentence at the Attn: CECW–CO (David B. Olson), 441
chapter. end of paragraph (a)(1) to read as G Street NW., Washington, DC 20314–
(b) Effective/applicability date. This follows: 1000.
section applies to statements required to Hand Delivery/Courier: Due to
be furnished after December 31, 2015. § 26.2652–1 Transferor defined; other
security requirements, we cannot
definitions.
receive comments by hand delivery or
PART 25—GIFT TAXES (a) * * * courier.
(1) * * * For generation-skipping Instructions: Direct your comments to
■ Par. 5. The authority citation for part transfer tax rules related to an ABLE
25 continues to read in part as follows: docket number COE–2015–0009. All
account established under section 529A, comments received will be included in
Authority: 26 U.S.C. 7805* * * see regulations promulgated thereunder. the public docket without change and
■ Par. 6. Section 25.2501–1 is amended * * * * * may be made available on-line at
by adding a sentence at the end of http://www.regulations.gov, including
paragraph (a)(1) to read as follows: PART 301—REPORTING AND any personal information provided,
RECORDKEEPING REQUIREMENTS unless the commenter indicates that the
§ 25.2501–1 Imposition of Tax.
■ Par. 13. The authority citation for part comment includes information claimed
(a) * * * 301 continues to read in part as follows: to be Confidential Business Information
(1) * * * For gift tax rules related to (CBI) or other information whose
an ABLE account established under Authority: 26 U.S.C. 7805* * *
disclosure is restricted by statute. Do
section 529A, see regulations § 301.6011–2 [Amended] not submit information that you
promulgated thereunder. ■ Par. 14. Section 301.6011–2 is consider to be CBI, or otherwise
* * * * * amended by adding the word ‘‘series’’ protected, through regulations.gov or
■ Par. 7. Section 25.2503–3 is amended after ‘‘5498’’ in the first sentence of email. The regulations.gov Web site is
by adding a sentence at the end of paragraph (b)(1). an anonymous access system, which
paragraph (a) to read as follows: means we will not know your identity
John Dalrymple, or contact information unless you
§ 25.2503–3 Future interests in property. Deputy Commissioner for Services and provide it in the body of your comment.
(a) * * * A contribution to an ABLE Enforcement. If you send an email directly to the
account established under section 529A [FR Doc. 2015–15280 Filed 6–19–15; 8:45 am] Corps without going through
is not a future interest. BILLING CODE 4830–01–P regulations.gov, your email address will
* * * * * be automatically captured and included
■ Par. 8. Section 25.2503–6 is amended as part of the comment that is placed in
by adding a sentence at the end of DEPARTMENT OF DEFENSE the public docket and made available on
paragraph (a) to read as follows: the Internet. If you submit an electronic
Department of the Army, Corps of comment, we recommend that you
§ 25.2503–6 Exclusion for certain qualified Engineers include your name and other contact
transfers to tuition or medical expenses. information in the body of your
(a) * * * A contribution to an ABLE 33 CFR Part 334 comment and with any disk or CD–ROM
account established under section 529A you submit. If we cannot read your
is not a qualified transfer. West Arm Behm Canal, Naval Surface comment because of technical
Warfare Center, Ketchikan Alaska; difficulties and cannot contact you for
* * * * *
Restricted Areas. clarification, we may not be able to
■ Par. 9. Section 25.2511–2 is amended
by adding a sentence at the end of AGENCY: U.S. Army Corps of Engineers, consider your comment. Electronic
paragraph (a) to read as follows: DoD. comments should avoid the use of any
tkelley on DSK3SPTVN1PROD with PROPOSALS
ACTION:Notice of proposed amendment special characters, any form of
§ 25.2511–2 Cessation of donor’s encryption, and be free of any defects or
dominion and control. and request for comments.
viruses.
(a) * * * For gift tax rules related to SUMMARY: The U.S. Army Corps of Docket: For access to the docket to
an ABLE account established under Engineers (Corps) is proposing to amend read background documents or
section 529A, see regulations existing regulations for an existing comments received, go to
promulgated thereunder. restricted area near Ketchikan, Alaska to www.regulations.gov. All documents in
* * * * * correct inaccuracies in regards to the docket are listed. Although listed in
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![Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Proposed Rules 35621
the index, some information is not regulation on small entities, I certify when it is safe to pass through the area.
publicly available, such as CBI or other that this action will not have a A flashing amber beacon means that the
information whose disclosure is significant impact on a substantial area is closed to all vessels and to await
restricted by statute. Certain other number of small entities. a clear signal. The flashing amber
material, such as copyrighted material, c. Review Under the National beacon not lighted is the clear signal
is not placed on the Internet and will be Environmental Policy Act. Due to the and indicates that vessels may proceed
publicly available only in hard copy administrative nature of this action and through the area. Each closure of the
form. because there is no intended change in area by the Navy will normally not
FOR FURTHER INFORMATION CONTACT: Mr.
the use of the area, the Corps expects exceed 20 minutes.
David Olson, Headquarters, Operations that these amendments to regulation, if (ii) When Area No. 5 restrictions are
and Regulatory Community of Practice, adopted, will not have a significant in place, vessels may operate within
Washington, DC at 202–761–4922 or Ms. impact on the quality of the human 1000 yards of the shoreline at speeds no
Linda Speerstra, U.S. Army Corps of environment and, therefore, preparation greater than 5 knots in accordance with
Engineers, Alaska District, Regulatory of an environmental impact statement the restriction in effect in Area No. 3.
Division, at 907–747–0658. will not be required. An environmental (c) Vessels will be allowed to transit
assessment will be prepared after the Restricted Area #5 within 20 minutes of
SUPPLEMENTARY INFORMATION: Pursuant
public notice period is closed and all marine radio or telephone notification
to its authorities in Section 7 of the comments have been received and to the Navy Facility Control Officer.
Rivers and Harbors Act of 1917 (40 Stat considered. (d) Enforcement. The regulations in
266; 33 U.S.C. 1) and Chapter XIX of the d. Unfunded Mandates Act. This this section shall be enforced by the
Army Appropriations Act of 1919 (40 proposed rule does not contain a Commander, Naval Surface Warfare
Stat 892; 33 U.S.C. 3), the Corps is Federal mandate that may result in Center, Carderock Division, and such
proposing to amend the regulation at 33 expenditures of $100 million or more agencies he/she may designate.
CFR part 334 by amending existing for State, local, and Tribal governments,
language applicable to restricted area in Dated:_May 12, 2015.
in the aggregate, or the private sector in Edward E. Belk, Jr.,
the waters of the West Arm Behm Canal, any one year. Therefore, this proposed
Naval Surface Warfare Center, Chief, Operations and Regulatory Division,
rule is not subject to the requirements Directorate of Civil Works.
Ketchikan Alaska; Area No. 5. The of Sections 202 and 205 of the
proposed amendment would revise the Unfunded Mandates Reform Act
[FR Doc. 2015–15294 Filed 6–19–15; 8:45 am]
wording of the existing restricted area (UMRA). The proposed rule contains no BILLING CODE 3720–58–P
description to accurately describe the regulatory requirements that might
installed light configuration, update significantly or uniquely affect small
contact information and increase vessel DEPARTMENT OF DEFENSE
governments. Therefore, the proposed
transiting area. rule is not subject to the requirements Department of the Army, Corps of
Procedural Requirements of Section 203 of UMRA. Engineers
a. Review Under Executive Order List of Subjects in 33 CFR Part 334
12866. The proposed rule is issued with 33 CFR Part 334
Danger zones, Navigation (water),
respect to a military function of the Restricted areas, Waterways.
Department of Defense and the Atlantic Ocean South of Entrance to
For the reasons set out in the Chesapeake Bay off Camp Pendleton,
provisions of Executive Order 12866 do preamble, the Corps proposes to amend
not apply. Virginia; Firing Range
33 CFR part 334 as follows:
b. Review Under the Regulatory AGENCY: U.S. Army Corps of Engineers,
Flexibility Act. This proposed rule has PART 334—DANGER ZONE AND DoD.
been reviewed under the Regulatory RESTRICTED AREA REGULATIONS ACTION:Notice of proposed rulemaking
Flexibility Act (Public Law 96–354). and request for comments.
The Regulatory Flexibility Act generally ■ 1. The authority citation for part 334
requires an agency to prepare a continues to read as follows: SUMMARY: The Corps of Engineers is
regulatory flexibility analysis of any rule Authority: 40 Stat. 266 (33 U.S.C. 1) and proposing to establish a permanent
subject to notice-and-comment 40 Stat. 892 (33 U.S.C. 3). danger zone in waters of the Atlantic
rulemaking requirements under the Ocean south of Rudee Inlet in Virginia
■ 2. Amend § 334.1275 by revising
Administrative Procedure Act or any Beach, Virginia. The Camp Pendleton
paragraphs (b)(5), (c) and (d) to read as
other statute unless the agency certifies firing range supports a myriad of
follows:
that the rule will not have a significant stakeholders that include all
economic impact on a substantial § 334.1275 West Arm Behm Canal, components of the Department of
number of small entities (i.e., small Ketchikan, Alaska, restricted area. Defense, including: US Army, Army
businesses and small governments). The * * * * * National Guard, Army Reserve, US
restricted area is necessary to protect (b) * * * Navy, Navy Reserve, US Marine Corps,
users of this waterway during naval (5) Area No. 5. (i) The area will be US Marine Corps Reserve, US Air Force,
operations. The restricted area will only open unless the Navy is actually Air Force National Guard, Air Force
be closed for brief amounts of time conducting operations. To ensure safe Reserve, US Coast Guard, and Coast
tkelley on DSK3SPTVN1PROD with PROPOSALS
(usually no more than 20 minutes) when and timely passage through the Guard Reserve, as well as many non-
it is activated. Unless information is restricted area vessel operators are DoD units. Camp Pendleton, VA will
obtained to the contrary during the required to notify the Facility Control provide an economical, safe training
comment period, the Corps certifies that Officer of their expected time of arrival, environment for individual live fire
the proposed rule would have no speed and intentions. For vessels not exercises, and collective units to
significant economic impact on the equipped with radio equipment, the conduct the minimum requirements for
public. After considering the economic Navy shall signal with flashing beacon weapons qualification. The proposed
impacts of this proposed restricted area lights whether passage is prohibited and danger zone will increase the level of
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Document Created: 2018-02-22 11:13:50
Document Modified: 2018-02-22 11:13:50
| 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 | Proposed Rules | |
| Action | Notice of proposed amendment and request for comments. | |
| Dates | Written comments must be submitted on or before July 22, 2015. | |
| Contact | Mr. David Olson, Headquarters, Operations and Regulatory Community of Practice, Washington, DC at 202- 761-4922 or Ms. Linda Speerstra, U.S. Army Corps of Engineers, Alaska District, Regulatory Division, at 907-747-0658. | |
| FR Citation | 80 FR 35620 | |
| CFR Associated | Danger Zones; Navigation (water); Restricted Areas and Waterways |
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