82 FR 53440 - United States Air Force 81st Security Forces Anti-Terrorism Office, Restricted Area, Keesler Air Force Base, Biloxi, Mississippi
DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers Federal Register Volume 82, Issue 220 (November 16, 2017)
Department of the Army, Corps of Engineers
Federal Register Volume 82, Issue 220 (November 16, 2017)
| Page Range | 53440-53442 | |
| FR Document | 2017-24892 |
[Federal Register Volume 82, Number 220 (Thursday, November 16, 2017)] [Proposed Rules] [Pages 53440-53442] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-24892] ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE Department of the Army, Corps of Engineers 33 CFR Part 334 [COE-2017-0007] United States Air Force 81st Security Forces Anti-Terrorism Office, Restricted Area, Keesler Air Force Base, Biloxi, Mississippi AGENCY: U.S. Army Corps of Engineers, DoD. ACTION: Notice of proposed rulemaking and request for comments. ----------------------------------------------------------------------- SUMMARY: The U.S. Army Corps of Engineers (Corps) is proposing to establish a no anchorage restricted area within waters along the Back Bay of Biloxi shoreline of the Keesler Air Force Base (KAFB) located in Biloxi, Mississippi, on behalf of a request by the United States Air Force (USAF) 81st Security Forces Anti-Terrorism Office. The proposed no anchorage restricted area will be established by placing 12 buoys to demarcate the approximately 10,000 feet of shoreline east to west and extend approximately 150 feet from the shoreline of the base. The proposed restricted area is essential to address a major anti-terrorism and safety concern due to the lack of perimeter fencing or physical denial system. DATES: Written comments must be submitted on or before December 18, 2017. ADDRESSES: You may submit comments, identified by docket number COE- 2017-0007, 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- 2017-0007 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-2017-0007. All comments received will be included in the public docket without change and may be made available on-line at http://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 53441]] 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 Mr. Don Mroczko, U.S. Army Corps of Engineers, Mobile District, at 251-690-3185. SUPPLEMENTARY INFORMATION: The 81st Security Forces Anti-Terrorism Office, KAFB, located in Biloxi, Mississippi is responsible for USAF perimeter security at KAFB located in Biloxi, Mississippi. In accordance with Department of Defense and Department of the Air Force guidance, the 81st Security Forces Anti-Terrorism Office is responsible for the antiterrorism efforts and force protection of Department of the Air Force assets under his or her charge. In response to a request by the USAF, 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 the regulations in 33 CFR part 334 by establishing a new restricted area. Procedural Requirements a. Regulatory Planning and Review Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. Executive Order 13771 directs agencies to control regulatory costs through a budgeting process. This proposed rule has not been designated a ``significant regulatory action,'' under Executive Order 12866. Accordingly, this proposed rule has not been reviewed by the Office of Management and Budget (OMB), and pursuant to OMB guidance it is exempt from the requirements of Executive Order 13771. The Corps has made a determination this proposed rule is not a significant regulatory action. This regulatory action determination is based on the size, duration, and location of the restricted area. The restricted area occupies a small portion of the waterway and a vessel that needs to transit the restricted area may do so if the operator of the vessel obtains permission from the USAF 81st Security Forces Anti- Terrorism Office, KAFB or its authorized representative. b. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ``small entities'' comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Corps certifies under 5 U.S.C. 605(b) that this rule would not have a significant economic impact on a substantial number of small entities. While some owners or operators of vessels that intend to transit the restricted area may be small entities, for the reasons stated in paragraph (a) above this rule would not have a significant economic impact on any vessel owner or operator. In addition, the restricted area is necessary to address a major anti-terrorism and safety concern due to the lack of perimeter fencing or physical denial system. Small entities can utilize navigable waters outside of the restricted area. Small entities may also transit the restricted area as long as they obtain permission from the USAF 81st Security Forces Anti- Terrorism Office, KAFB, Biloxi, Mississippi, or its authorized representative. The restricted area is necessary for security of KAFB. Unless information is obtained to the contrary during the comment period, the Corps expects that the economic impact of the proposed restricted area would have practically no impact on the public, any anticipated navigational hazard or interference with existing waterway traffic. 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 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. After it is prepared, it may be reviewed at the District office listed at the end of the FOR FURTHER INFORMATION CONTACT, above. 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.). We have also found, under Section 203 of the Act, that small governments will not be significantly or uniquely affected by this rulemaking. 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 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). 0 2. Add Sec. 334.787 to read as follows: Sec. 334.787 81st Security Forces Anti-Terrorism Office, Keesler Air Force Base, Biloxi, Mississippi; No Anchorage Restricted Area. (a) The area. The restricted area shall encompass all navigable waters of the United States, as defined at 33 CFR part 329, contiguous to the area identified as Keesler Air Force Base (KAFB) and the mean high water level within an area bounded by the shore and buoys from the east to the west of the area starting at: latitude 30[deg]25'11.73'' N. longitude 88[deg]54'57.69'' W., thence to latitude 30[deg]25'11.85'' N. longitude 88[deg]55'3.46'' W., thence to latitude 30[deg]25'8.00'' N. longitude 88[deg]55'10.10'' W., thence to latitude 30[deg]25'4.15'' N. longitude 88[deg]55'16.74'' W., thence to latitude 30[deg]25'6.96'' N. longitude 88[deg]55'24.12'' W., thence to latitude 30[deg]25'1.83'' N. longitude 88[deg]55'30.01'' W., thence to latitude 30[deg]24'56.15'' N. longitude 88[deg]55'34.16'' W., thence to latitude 30[deg]24'51.14'' N. longitude 88[deg]55'39.56'' W., thence to latitude 30[deg]24'47.48'' N. longitude 88[deg]55'46.64'' W., thence to latitude 30[deg]24'51.08'' N. longitude 88[deg]55'53.46'' W., thence to latitude 30[deg]24'55.30'' N. longitude 88[deg]55'59.91'' W., thence to latitude 30[deg]24'56.87'' N. longitude 88[deg]56'7.40'' W. The datum is NAD-83. (b) The regulations. (1) All persons, swimmers, vessels and other craft, except those vessels under the supervision or contract to local military or USAF authority, vessels of the United [[Page 53442]] States Coast Guard, and local or state law enforcement vessels, are prohibited from entering the restricted area without permission from the USAF 81st Security Forces Anti-Terrorism Office, KAFB or its authorized representative. (2) The restricted area is in effect twenty-four hours per day and seven days a week (24/7). (3) Should warranted access into the restricted navigation area be needed, all entities are required to contact the USAF 81st Security Forces Anti-Terrorism Office, KAFB, Biloxi, Mississippi, or its authorized representative. (c) Enforcement. The regulation in this section shall be enforced by the USAF 81st Security Forces Anti-Terrorism Office, KAFB and/or such agencies or persons as that office may designate. Dated: November 9, 2017. Thomas P. Smith, Chief, Operations and Regulatory Division, Directorate of Civil Works. [FR Doc. 2017-24892 Filed 11-15-17; 8:45 am] BILLING CODE 3720-58-P
![53440 Federal Register / Vol. 82, No. 220 / Thursday, November 16, 2017 / Proposed Rules
d. Unfunded Mandates Act Coast Guard will install marker buoys due to the lack of perimeter fencing or
This proposed rule does not impose along some or all of the referenced physical denial system.
an enforceable duty among the private coordinates to demarcate the limits of DATES: Written comments must be
sector and, therefore, it is not a Federal the restricted area. The Coast Guard will submitted on or before December 18,
private sector mandate and it is not also install warning signs notifying 2017.
subject to the requirements of either individuals of the restricted area and
ADDRESSES: You may submit comments,
Section 202 or Section 205 of the prohibiting all unauthorized entry into
identified by docket number COE–
Unfunded Mandates Act. We have also the area will be posted along the
2017–0007, by any of the following
found under Section 203 of the Act, that property boundary.
methods:
small governments will not be (2) All persons, vessels and other craft
Federal eRulemaking Portal: http://
significantly and uniquely affected by are prohibited from entering, transiting,
www.regulations.gov. Follow the
this rulemaking. drifting, dredging or anchoring within
instructions for submitting comments.
the restricted area as described in Email: david.b.olson@usace.army.mil.
List of Subjects in 33 CFR Part 334 paragraph (a) of this section without Include the docket number COE–2017–
Danger zones, Marine safety, prior approval from the Commanding 0007 in the subject line of the message.
Navigation (water), Restricted areas, Officer, U.S. Coast Guard Yard or his/ Mail: U.S. Army Corps of Engineers,
Waterways. her designated representative. Attn: CECW–CO (David B. Olson), 441
For the reasons set out in the (3) The restrictions described in G Street NW., Washington, DC 20314–
preamble, the Corps proposes to amend paragraph (b)(1) of this section are in 1000.
33 CFR part 334 as follows: effect 24 hours a day, 7 days a week. Hand Delivery/Courier: Due to
(c) Enforcement. The regulations in security requirements, we cannot
PART 334—DANGER ZONE AND this section shall be enforced by the receive comments by hand delivery or
RESTRICTED AREA REGULATIONS Commanding Officer, U.S. Coast Guard courier.
Yard or such agencies as he/she may Instructions: Direct your comments to
■ 1. The authority citation for 33 CFR designate. docket number COE–2017–0007. All
Part 334 continues to read as follows: Dated: November 9, 2017. comments received will be included in
Authority: 40 Stat. 266 (33 U.S.C. 1) and Thomas P. Smith, the public docket without change and
40 Stat. 892 (33 U.S.C. 3). Chief, Operations and Regulatory Division, may be made available on-line at http://
■ 2. Add § 334.145 to read as follows: Directorate of Civil Works. regulations.gov, including any personal
[FR Doc. 2017–24888 Filed 11–15–17; 8:45 am] information provided, unless the
§ 334.145 Curtis Creek and Arundel Cove, BILLING CODE 3720–58–P
commenter indicates that the comment
U.S. Coast Guard Yard, Baltimore, includes information claimed to be
Maryland; restricted area. Confidential Business Information (CBI)
(a) The area. The restricted area shall DEPARTMENT OF DEFENSE or other information whose disclosure is
encompass all navigable waters of the restricted by statute. Do not submit
United States as defined at 33 CFR part Department of the Army, Corps of information that you consider to be CBI,
329, within the area bounded by a line Engineers or otherwise protected, through
connecting the following coordinates: regulations.gov or email. The
Commencing from the shoreline at 33 CFR Part 334 regulations.gov Web site is an
latitude 39°12′05.8″ N., longitude anonymous access system, which means
076°34′28.4″ W.; thence to latitude [COE–2017–0007] we will not know your identity or
39°12′04.8″ N., longitude 076°34′31″ W.; contact information unless you provide
United States Air Force 81st Security
thence to latitude 39°11′5.91″ N., it in the body of your comment. If you
Forces Anti-Terrorism Office,
longitude 076°34′28″ W.; thence to send an email directly to the Corps
Restricted Area, Keesler Air Force
latitude 39°11′4.48″ N., longitude without going through regulations.gov,
Base, Biloxi, Mississippi
076°34′25″ W.; thence to latitude your email address will be
39°11′3.36″ N., longitude 076°34′06.9″ AGENCY: U.S. Army Corps of Engineers, automatically captured and included as
W. The datum for these coordinates is DoD. part of the comment that is placed in the
NAD–83. ACTION:Notice of proposed rulemaking public docket and made available on the
(b) The regulation. (1) The restricted and request for comments. Internet. If you submit an electronic
area as described in paragraph (a) of this comment, we recommend that you
section is only open to government SUMMARY: The U.S. Army Corps of include your name and other contact
vessels. Government vessels include, Engineers (Corps) is proposing to information in the body of your
but are not limited to, U.S. Coast Guard, establish a no anchorage restricted area comment and with any disk or CD–ROM
U.S. Coast Guard Auxiliary, Department within waters along the Back Bay of you submit. If we cannot read your
of Defense, National Oceanic and Biloxi shoreline of the Keesler Air Force comment because of technical
Atmospheric Administration, state and Base (KAFB) located in Biloxi, difficulties and cannot contact you for
local law enforcement, emergency Mississippi, on behalf of a request by clarification, we may not be able to
services and vessels under contract with the United States Air Force (USAF) 81st consider your comment. Electronic
the U.S. Government. Vessels transiting Security Forces Anti-Terrorism Office. comments should avoid the use of any
nshattuck on DSK9F9SC42PROD with PROPOSALS
the restricted area shall proceed across The proposed no anchorage restricted special characters, any form of
the area by the most direct route and area will be established by placing 12 encryption, and be free of any defects or
without unnecessary delay. Fishing, buoys to demarcate the approximately viruses.
crabbing, trawling, net-fishing and other 10,000 feet of shoreline east to west and Docket: For access to the docket to
aquatic activities are prohibited without extend approximately 150 feet from the read background documents or
prior approval from the Commanding shoreline of the base. The proposed comments received, go to
Officer, U.S. Coast Guard Yard or his/ restricted area is essential to address a www.regulations.gov. All documents in
her designated representative. The U.S. major anti-terrorism and safety concern the docket are listed. Although listed in
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![53442 Federal Register / Vol. 82, No. 220 / Thursday, November 16, 2017 / Proposed Rules
States Coast Guard, and local or state glider vehicles would be found not to other file sharing system). For
law enforcement vessels, are prohibited constitute ‘‘new motor vehicles’’ within additional submission methods, the full
from entering the restricted area without the meaning of CAA section 216(3), EPA public comment policy,
permission from the USAF 81st Security glider engines would be found not to information about CBI or multimedia
Forces Anti-Terrorism Office, KAFB or constitute ‘‘new motor vehicle engines’’ submissions, and general guidance on
its authorized representative. within the meaning of CAA section making effective comments, please visit
(2) The restricted area is in effect 216(3), and glider kits would not be http://www.epa.gov/dockets/
twenty-four hours per day and seven treated as ‘‘incomplete’’ new motor commenting-epa-dockets.
days a week (24/7). vehicles. Under this proposed Docket: All documents in the docket
(3) Should warranted access into the interpretation, EPA would lack are listed on the www.regulations.gov
restricted navigation area be needed, all authority to regulate glider vehicles, Web site. Although listed in the index,
entities are required to contact the glider engines, and glider kits under some information is not publicly
USAF 81st Security Forces Anti- CAA section 202(a)(1). available, e.g., confidential business
Terrorism Office, KAFB, Biloxi, DATES: information or other information whose
Mississippi, or its authorized Comments: Comments on all aspects disclosure is restricted by statute.
representative. of this proposal must be received on or Certain other material, such as
(c) Enforcement. The regulation in before January 5, 2018. copyrighted material, is not placed on
this section shall be enforced by the Public Hearing: EPA will hold a the Internet and will be publicly
USAF 81st Security Forces Anti- public hearing on Monday, December 4, available only in hard copy form.
Terrorism Office, KAFB and/or such 2017. The hearing will be held at EPA’s Publicly available docket materials are
agencies or persons as that office may Washington, DC campus located at 1201 available either electronically through
designate. Constitution Avenue NW., Washington, www.regulations.gov or in hard copy at
Dated: November 9, 2017. DC. The hearing will start at 10:00 a.m. the following location:
Thomas P. Smith, local time and continue until everyone Air and Radiation Docket and
Chief, Operations and Regulatory Division, has had a chance to speak. More details Information Center, EPA Docket Center,
Directorate of Civil Works. concerning the hearing can be found at EPA/DC, EPA WJC West Building, 1301
[FR Doc. 2017–24892 Filed 11–15–17; 8:45 am] https://www.epa.gov/regulations- Constitution Ave. NW., Room 3334,
BILLING CODE 3720–58–P
emissions-vehicles-and-engines/ Washington, DC. The Public Reading
regulations-greenhouse-gas-emissions- Room is open from 8:30 a.m. to 4:30
commercial-trucks. p.m., Monday through Friday, excluding
ENVIRONMENTAL PROTECTION ADDRESSES: Submit your comments, legal holidays. The telephone number
AGENCY identified by Docket ID No. EPA–HQ– for the Public Reading Room is (202)
OAR–2014–0827, at http:// 566–1744, and the telephone number for
40 CFR Parts 1037 and 1068 www.regulations.gov. Follow the online the Air Docket is (202) 566–1742.
instructions for submitting comments.
[EPA–HQ–OAR–2014–0827; FRL–9970–61– FOR FURTHER INFORMATION CONTACT: Julia
OAR] Once submitted, comments cannot be
MacAllister, Office of Transportation
edited or removed from Regulations.gov.
RIN 2060–AT79 and Air Quality, Assessment and
The EPA may publish any comment
Standards Division, Environmental
received to its public docket. Do not
Repeal of Emission Requirements for Protection Agency, 2000 Traverwood
submit electronically any information
Glider Vehicles, Glider Engines, and Drive, Ann Arbor, MI 48105; telephone
you consider to be Confidential
Glider Kits number: 734–214–4131; email address:
Business Information (CBI) or other
hearing_registration-asd@epa.gov.
AGENCY: Environmental Protection information whose disclosure is
Agency (EPA). restricted by statute. Multimedia SUPPLEMENTARY INFORMATION:
ACTION: Proposed rule. submissions (audio, video, etc.) must be Does this action apply to me?
accompanied by a written comment.
SUMMARY: The Environmental Protection The written comment is considered the This action relates to a previously
Agency (EPA) is proposing to repeal the official comment and should include promulgated final rule that affects
emission standards and other discussion of all points you wish to companies that manufacture, sell, or
requirements for heavy-duty glider make. The EPA will generally not import into the United States glider
vehicles, glider engines, and glider kits consider comments or comment vehicles. Proposed categories and
based on a proposed interpretation of contents located outside of the primary entities that might be affected include
the Clean Air Act (CAA) under which submission (i.e., on the Web, cloud, or the following:
Category NAICS code a Examples of potentially affected entities
Industry ............................................ 336110, 336111, 336112, 333618, Motor Vehicle Manufacturers, Engine Manufacturers, Engine Parts
336120, 441310. Manufacturers, Truck Manufacturers, Automotive Parts and Acces-
sories Dealers.
Note: a North American Industry Classification System (NAICS).
nshattuck on DSK9F9SC42PROD with PROPOSALS
This table is not intended to be types of entities not listed in the table questions regarding the applicability of
exhaustive, but rather provides a guide could also be regulated. To determine this action to the persons listed in the
for readers regarding entities likely whether your activities are regulated by preceding FOR FURTHER INFORMATION
covered by these rules. This table lists this action, you should carefully CONTACT section.
the types of entities that we are aware examine the applicability criteria in the
may be regulated by this action. Other referenced regulations. You may direct
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Document Created: 2017-11-16 03:53:30
Document Modified: 2017-11-16 03:53:30
| 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 rulemaking and request for comments. | |
| Dates | Written comments must be submitted on or before December 18, 2017. | |
| Contact | Mr. David Olson, Headquarters, Operations and Regulatory Community of Practice, Washington, DC at 202- 761-4922 or Mr. Don Mroczko, U.S. Army Corps of Engineers, Mobile District, at 251-690-3185. | |
| FR Citation | 82 FR 53440 | |
| CFR Associated | Danger Zones; Navigation (water); Restricted Areas and Waterways |
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