80 FR 75947 - 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 234 (December 7, 2015)
Department of the Army, Corps of Engineers
Federal Register Volume 80, Issue 234 (December 7, 2015)
| Page Range | 75947-75948 | |
| FR Document | 2015-30776 |
[Federal Register Volume 80, Number 234 (Monday, December 7, 2015)] [Rules and Regulations] [Pages 75947-75948] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-30776] ======================================================================= ----------------------------------------------------------------------- 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: Final rule. ----------------------------------------------------------------------- SUMMARY: The U.S. Army Corps of Engineers (Corps) is amending 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: Effective date: January 6, 2016. ADDRESSES: U.S. Army Corps of Engineers, Attn: CECW-CO (David B. Olson), 441 G Street NW., Washington, DC 20314-1000. 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 [[Page 75948]] Stat 892; 33 U.S.C. 3), the Corps is amending the regulation at 33 CFR 334.1275 by revising the restricted area regulation for Area 5 in the waters of the West Arm Behm Canal, Naval Surface Warfare Center, Ketchikan, Alaska. This amendment revises the existing restricted area regulation to accurately describe the installed light configuration, update contact information, and increase vessel transiting opportunities. The proposed rule was published in the Federal Register on June 22, 2015 (80 FR 35620), and the regulations.gov docket number is COE-2015- 0009. In response to the proposed rule, one comment was received. The commenter recommended that an Environmental Impact Statement (EIS) be conducted. The Corps has determined that an EIS for this type of action is not necessary as it is an administrative action and would not result in environmental impacts. Therefore, no changes to the final rule are required. Procedural Requirements a. Review Under Executive Order 12866. The 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 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 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. The Corps has determined that the changes to this rule would have no significant economic impact on the public. After considering the economic impacts of this 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 has determined that these amendments to regulation will not have a significant impact on the quality of the human environment and, therefore, preparation of an environmental impact statement is not required. An environmental assessment has been prepared and it may be reviewed at the Alaska district office. d. Unfunded Mandates Act. This 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 rule is not subject to the requirements of Sections 202 and 205 of the Unfunded Mandates Reform Act (UMRA). The rule contains no regulatory requirements that might significantly or uniquely affect small governments. Therefore, the 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 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. In Sec. 334.1275, revise paragraphs (b)(5), (c), and (d) to read as follows: Sec. 334.1275 West Arm Behm Canal, Ketchikan, Alaska, restricted areas. * * * * * (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 Area No. 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: November 15, 2015. Edward E. Belk, Jr., Chief, Operations and Regulatory Division, Directorate of Civil Works. [FR Doc. 2015-30776 Filed 12-4-15; 8:45 am] BILLING CODE 3720-58-P
![Federal Register / Vol. 80, No. 234 / Monday, December 7, 2015 / Rules and Regulations 75947
2016, and before January 1, 2017. This language ‘‘D. Payment of a Dividend Contingent and Convertible Debt’’ is
document provides guidance to Equivalent’’ is corrected to read ‘‘E. corrected to read ‘‘M. Contingent and
nonresident alien individuals and Payment of a Dividend Equivalent’’. Convertible Debt’’.
foreign corporations that hold certain 6. On page 56870, in the preamble, 18. On page 56875, in the preamble,
financial products providing for the second column, the twenty-second the second column, the third line from
payments that are contingent upon or line of the second full paragraph, the the top of the column, the language ‘‘M.
determined by reference to U.S. source language ‘‘equivalent, as discussed in Amounts Subject to Withholding’’ is
dividend payments. Part II.M of’’ is corrected to read corrected to read ‘‘N. Amounts Subject
DATES: This correction is effective on ‘‘equivalent, as discussed in Part II.N to Withholding’’.
December 7, 2015 and applicable on of’’. 19. On page 56877, in the preamble,
September 18, 2015. 7. On page 56870, in the preamble, the second column, the fifth line from
the second column, the eighteenth line the bottom of the third full paragraph,
FOR FURTHER INFORMATION CONTACT:
from the bottom of the column, the the language ‘‘on the same underlying
Peter Merkel or Karen Walny at (202)
language ‘‘E. Amount of a Dividend securities.’’ is corrected to read ‘‘on the
317–6938 (not a toll free number).
Equivalent’’ is corrected to read ‘‘F. same underlying security.’’.
SUPPLEMENTARY INFORMATION: Amount of a Dividend Equivalent’’. 20. On page 56878, in the preamble,
Background 8. On page 56870, in the preamble, the second column, under the paragraph
the third column, the eleventh line from heading ‘‘IV. Effective/Applicability
The final and temporary regulations the bottom of the column, the language Date’’, the third sentence of the first full
(TD 9734) that are the subject of this ‘‘defined in § 1.871–15(a)(14)(ii)’’ is paragraph is removed.
correction are under sections 871 and corrected to read ‘‘defined in § 1.871–
894 of the Internal Revenue Code. Martin V. Franks,
15(a)(5)’’.
9. On page 56871, in the preamble, Chief, Publications and Regulations Branch,
Need for Correction Legal Processing Division, Associate Chief
the first column, the twenty-sixth line
As published, the final and temporary Counsel, (Procedure and Administration).
from the bottom of the column, the
regulations (TD 9734) contain errors that language ‘‘F. Qualified Indices’’ is [FR Doc. 2015–30778 Filed 12–4–15; 8:45 am]
may prove to be misleading and are in corrected to read ‘‘G. Qualified Indices’’. BILLING CODE 4830–01–P
need of clarification. 10. On page 56872, in the preamble,
Correction of Publication the first column, the last line of the first
full paragraph, the language ‘‘qualified DEPARTMENT OF DEFENSE
Accordingly, the final and temporary index rule. See § 1.871–15(l)’’ is
regulations (TD 9734), that are the corrected to read ‘‘qualified index rule. Department of the Army, Corps of
subject of FR Doc. 2015–21759, are See § 1.871–15(l).’’. Engineers
corrected as follows: 11. On page 56872, in the preamble,
1. On page 56866, in the preamble, the second column, the sixth line from 33 CFR Part 334
the first column, under the caption the bottom of the column, the language
‘‘DATES’’, the fourth through seventh ‘‘G. Combined Transactions’’ is West Arm Behm Canal, Naval Surface
lines of the paragraph, the language corrected to read ‘‘H. Combined Warfare Center, Ketchikan, Alaska;
‘‘applicability, see §§ 1.871–14(j)(3), Transactions’’. Restricted Areas
1.871–15(r), 1.871–15T(r)(4), 1.1441– 12. On page 56873, in the preamble, AGENCY: U.S. Army Corps of Engineers,
1(f)(4), 1.1441–1T(f)(3), 1.1441–2(f), the third column, the twelfth line from DoD.
1.1441–3(h)(3), 1.1441–7(a)(4), and ’’ is the top of the column, the language ‘‘H.
corrected to read ‘‘applicability, see ACTION: Final rule.
Derivatives Referenced to Partnership’’
§§ 1.871–14(j)(3), 1.871–15(r), 1.871– is corrected to read ‘‘I. Derivatives SUMMARY: The U.S. Army Corps of
15T(r)(4), 1.1441–1(f)(4), 1.1441– Referenced to Partnership’’. Engineers (Corps) is amending existing
1T(f)(3), 1.1441–2(f), 1.1441–3(h)(3), 13. On page 56873, in the preamble, regulations for an existing restricted
1.1441–7(a)(4), 1.1461–1(c)(2)(iii), and’’. the third column, the fifth line from the area near Ketchikan, Alaska to correct
2. On page 56866, in the preamble, bottom of the column, the language ‘‘I. inaccuracies in regards to flashing
the first column, the eleventh line from Anti-Abuse Rule’’ is corrected to read beacon light descriptions, point of
the bottom of the column, the language ‘‘J. Anti-Abuse Rule’’. contact changes, and restrictive area
‘‘871(m). This information will be used’’ 14. On page 56874, in the preamble, distances for small craft.
is corrected to read ‘‘871(m) of the the first column, the twenty-fourth line DATES: Effective date: January 6, 2016.
Internal Revenue Code. This from the top of the column, the language
information will be used’’. ADDRESSES: U.S. Army Corps of
‘‘J. Reporting Obligations’’ is corrected
3. On page 56868, in the preamble, Engineers, Attn: CECW–CO (David B.
to read ‘‘K. Reporting Obligations’’.
the first column, the ninth line from the 15. On page 56874, in the preamble, Olson), 441 G Street NW., Washington,
bottom of the column, the language the first column, the fifteenth line of the DC 20314–1000.
‘‘discussed in section E.1 of this’’ is second full paragraph, the language FOR FURTHER INFORMATION CONTACT: Mr.
corrected to read ‘‘discussed in section ‘‘871(m) transaction the broker or David Olson, Headquarters, Operations
F.1 of this’’. dealer’’ is corrected to read ‘‘871(m) and Regulatory Community of Practice,
4. On page 56869, in the preamble, transaction, the broker or dealer’’. Washington, DC at 202–761–4922 or Ms.
the second column, the tenth line of the 16. On page 56874, in the preamble, Linda Speerstra, U.S. Army Corps of
jstallworth on DSK7TPTVN1PROD with RULES
first full paragraph, the language the third column, the first line of Engineers, Alaska District, Regulatory
‘‘dividends. As noted in Part II.L. of column, the language ‘‘K. Division, at 907–747–0658.
this’’ is corrected to read ‘‘dividends. As Recordkeeping Rules’’ is corrected to SUPPLEMENTARY INFORMATION: Pursuant
noted in Part II.M. of this’’. read ‘‘L. Recordkeeping Rules’’. to its authorities in Section 7 of the
5. On page 56870, in the preamble, 17. On page 56874, in the preamble, Rivers and Harbors Act of 1917 (40 Stat
the first column, the thirty-second line the third column, the thirty-second line 266; 33 U.S.C. 1) and Chapter XIX of the
from the bottom of the column, the from the top of column, the language ‘‘L. Army Appropriations Act of 1919 (40
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![75948 Federal Register / Vol. 80, No. 234 / Monday, December 7, 2015 / Rules and Regulations
Stat 892; 33 U.S.C. 3), the Corps is impact on the quality of the human (c) Vessels will be allowed to transit
amending the regulation at 33 CFR environment and, therefore, preparation Area No. 5 within 20 minutes of marine
334.1275 by revising the restricted area of an environmental impact statement is radio or telephone notification to the
regulation for Area 5 in the waters of the not required. An environmental Navy Facility Control Officer.
West Arm Behm Canal, Naval Surface assessment has been prepared and it (d) Enforcement. The regulations in
Warfare Center, Ketchikan, Alaska. This may be reviewed at the Alaska district this section shall be enforced by the
amendment revises the existing office. Commander, Naval Surface Warfare
restricted area regulation to accurately d. Unfunded Mandates Act. This rule Center, Carderock Division, and such
describe the installed light does not contain a Federal mandate that agencies he/she may designate.
configuration, update contact may result in expenditures of $100 Dated: November 15, 2015.
information, and increase vessel million or more for State, local, and
Edward E. Belk, Jr.,
transiting opportunities. Tribal governments, in the aggregate, or
The proposed rule was published in Chief, Operations and Regulatory Division,
the private sector in any one year.
Directorate of Civil Works.
the Federal Register on June 22, 2015 Therefore, this rule is not subject to the
(80 FR 35620), and the regulations.gov [FR Doc. 2015–30776 Filed 12–4–15; 8:45 am]
requirements of Sections 202 and 205 of
docket number is COE–2015–0009. In the Unfunded Mandates Reform Act BILLING CODE 3720–58–P
response to the proposed rule, one (UMRA). The rule contains no
comment was received. The commenter regulatory requirements that might
recommended that an Environmental significantly or uniquely affect small ENVIRONMENTAL PROTECTION
Impact Statement (EIS) be conducted. governments. Therefore, the rule is not AGENCY
The Corps has determined that an EIS subject to the requirements of Section
for this type of action is not necessary 203 of UMRA. 48 CFR Parts 1501 and 1502
as it is an administrative action and [EPA–HQ–OARM–2015–0244; FRL–9925–
would not result in environmental List of Subjects in 33 CFR Part 334 90–OARM]
impacts. Therefore, no changes to the Danger zones, Navigation (water),
final rule are required. Restricted areas, Waterways. Environmental Protection Agency
For the reasons set out in the Acquisition Regulation (EPAAR);
Procedural Requirements Ratification of Unauthorized
preamble, the Corps amends 33 CFR
a. Review Under Executive Order part 334 as follows: Commitments
12866. The rule is issued with respect
to a military function of the Department AGENCY: Environmental Protection
PART 334—DANGER ZONE AND
of Defense and the provisions of Agency (EPA).
RESTRICTED AREA REGULATIONS
Executive Order 12866 do not apply. ACTION: Direct final rule.
b. Review Under the Regulatory ■ 1. The authority citation for part 334
Flexibility Act. This rule has been continues to read as follows: SUMMARY: The Environmental Protection
reviewed under the Regulatory Agency (EPA) amends the EPA
Authority: 40 Stat. 266 (33 U.S.C. 1) and Acquisition Regulation (EPAAR) to
Flexibility Act (Pub. L. 96–354). The 40 Stat. 892 (33 U.S.C. 3).
Regulatory Flexibility Act generally address minor non-substantive changes
■ 2. In § 334.1275, revise paragraphs in one subpart and one definition. The
requires an agency to prepare a
(b)(5), (c), and (d) to read as follows: direct final rule updates ‘‘Ratification of
regulatory flexibility analysis of any rule
subject to notice-and-comment § 334.1275 West Arm Behm Canal,
Unauthorized Commitments’’ and
rulemaking requirements under the Ketchikan, Alaska, restricted areas. revises the definition of Chief of the
Administrative Procedure Act or any Contracting Office (CCO). EPA does not
* * * * *
other statute unless the agency certifies (b) * * * anticipate any adverse comments.
that the rule will not have a significant (5) Area No. 5. (i) The area will be DATES: This rule is effective on February
economic impact on a substantial open unless the Navy is actually 5, 2016 without further notice, unless
number of small entities (i.e., small conducting operations. To ensure safe adverse comment is received January 6,
businesses and small governments). The and timely passage through the 2016. If adverse comment is received,
restricted area is necessary to protect restricted area vessel operators are the EPA will publish a timely
users of this waterway during naval required to notify the Facility Control withdrawal of the rule in the Federal
operations. The restricted area will only Officer of their expected time of arrival, Register.
be closed for brief amounts of time speed and intentions. For vessels not ADDRESSES: Submit your comments,
(usually no more than 20 minutes) when equipped with radio equipment, the identified by Docket ID No. EPA–HQ–
it is activated. The Corps has Navy shall signal with flashing beacon OARM–2015–0244 by one of the
determined that the changes to this rule lights whether passage is prohibited and following methods:
would have no significant economic when it is safe to pass through the area. • www.regulations.gov: Follow the
impact on the public. After considering A flashing amber beacon means that the on-line instructions for submitting
the economic impacts of this restricted area is closed to all vessels and to await comments.
area regulation on small entities, I a clear signal. The flashing amber • Email: docket.oei@epa.gov.
certify that this action will not have a beacon not lighted is the clear signal • Fax: (202) 566–1753.
significant impact on a substantial and indicates that vessels may proceed • Mail: EPA–HQ–OARM–2015–0244,
number of small entities. through the area. Each closure of the OEI Docket, Environmental Protection
jstallworth on DSK7TPTVN1PROD with RULES
c. Review Under the National area by the Navy will normally not Agency, 2822T, 1200 Pennsylvania Ave.
Environmental Policy Act. Due to the exceed 20 minutes. NW., Washington, DC 20460. Please
administrative nature of this action and (ii) When Area No. 5 restrictions are include a total of three (3) copies.
because there is no intended change in in place, vessels may operate within • Hand Delivery: EPA Docket
the use of the area, the Corps has 1000 yards of the shoreline at speeds no Center—Attention OEI Docket, EPA
determined that these amendments to greater than 5 knots in accordance with West, Room B102, 1301 Constitution
regulation will not have a significant the restriction in effect in Area No. 3. Ave. NW., Washington, DC 20004. Such
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Document Created: 2015-12-14 13:30:46
Document Modified: 2015-12-14 13:30:46
| 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 | Final rule. | |
| 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 75947 | |
| CFR Associated | Danger Zones; Navigation (water); Restricted Areas and Waterways |
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