83 FR 16783 - 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 83, Issue 74 (April 17, 2018)

Page Range		16783-16784
FR Document		2018-07919

The U.S. Army Corps of Engineers (Corps) is establishing 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 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 restricted area is essential to address a major anti-terrorism and safety concern due to the lack of perimeter fencing or physical denial system.

Federal Register, Volume 83 Issue 74 (Tuesday, April 17, 2018)

[Federal Register Volume 83, Number 74 (Tuesday, April 17, 2018)]
[Rules and Regulations]
[Pages 16783-16784]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-07919]


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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: Final rule.

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SUMMARY: The U.S. Army Corps of Engineers (Corps) is establishing 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 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 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: Effective Date: May 17, 2018.

ADDRESSES: U.S. Army Corps of Engineers, Attn: CECW-CO (David 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 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 United 
States Air Force 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 United States Air Force, 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 amending the 
regulations in 33 CFR part 334 by establishing a new restricted area.
    The proposed rule was published in the November 16, 2017, edition 
of the Federal Register (82 FR 53440) and the docket number was COE-
2017-0007. In response to the proposal, four comments were received. 
One commenter stated support for the project. Three agency

[[Page 16784]]

comments were received stating no objections to the proposal regarding 
cultural resources and fish and wildlife habitat.
    In response to a request by the United States Air Force, 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 
amending 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 rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance because it is 
exempt from the requirements of Executive Order 13771.
    The Corps has made a determination this 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. 
The Corps determined that the restricted area would have practically no 
economic 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. This rule 
will not have a significant impact to the quality of the human 
environment and, therefore, preparation of an environmental impact 
statement is not required. An environmental assessment has been 
prepared. It may be reviewed at the District office listed at the end 
of the FOR FURTHER INFORMATION CONTACT section, above.
    d. Unfunded Mandates Act. This 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 rule.

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. 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 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: April 6, 2018.
Thomas P. Smith,
Chief, Operations and Regulatory Division, Directorate of Civil Works.
[FR Doc. 2018-07919 Filed 4-16-18; 8:45 am]
 BILLING CODE 3720-58-P

Federal Register / Vol. 83, No. 74 / Tuesday, April 17, 2018 / Rules and Regulations 16783

TABLE TO § 165.786—Continued
[Datum NAD 1983]

Location(s): Begins at Smathers Beach in Key West, Florida at a point
Latitude 24°33.01′ N, longitude 081°46.47′ W, thence west offshore
of Fort Zach State Park to latitude 24°32.72′ N, longitude 081°48.77′
W, thence north through Key West Harbor to latitude 24°34.10′ N,
longitude 081°48.14′ W, thence east through Fleming Cut to latitude
24°34.42′ N, longitude 081°45.08′ W, south on Cow Key Channel to
latitude 24°33.04′ N, longitude 081°44.98′ W, and thence west to
point of origin at latitude 24°33.01′ N, longitude 081°46.47′ W.

7.0 JULY

7.1 Hemingway Paddle Board Race ...................................................... Event Type: Paddle Event.
Sponsor: Hemingway Sunset Run LLC.
Dates: A one day event held on the 2nd or 3rd Saturday in July.
Time (Approximate): 6:00 p.m. to 7:30 p.m.
Location(s): Begins at Higgs Beach in Key West, Florida at a point
Latitude 24°32.79′ N, longitude 081°47.74′ W, thence east to latitude
24°32.56′ N, longitude 081°47.11′ W, thence east to latitude
24°33.01′ N, longitude 081°46.47′ W, thence west to latitude
24°32.56′ N, longitude 081°47.11′ W, and thence west to point of ori-
gin at latitude 24°32.79′ N, longitude 081°47.74′ W.

9.0 SEPTEMBER

9.1 Swim for Alligator Lighthouse .......................................................... Event Type: Swim Event.
Sponsor: Friends of the Pool.
Dates: A one day event held on the 3rd Saturday in September.
Time (Approximate): 7:30 a.m. to 4:30 p.m.
Location(s) (Primary): Beginning at a point Latitude 24°54.82′ N, lon-
gitude 080°38.03′ W, thence to latitude 24°54.36′ N, longitude
080°37.72′ W, thence to latitude 24°51.07′ N, longitude 080°37.14′
W, thence to latitude 24°54.36′ N, longitude 080°37.72′ W, thence to
point of origin at latitude 24°54.82′ N, longitude 080°38.03′ W.
Location(s) (Alternate)1: Beginning at a point Latitude 24°54.82′ N, lon-
gitude 080°38.03′ W, thence to latitude 24°53.25′ N, longitude
080°37.04′ W, thence to latitude 24°52.05′ N, longitude 080°38.85′
W, thence to latitude 24°54.36′ N, longitude 080°37.72′ W, thence to
point of origin at latitude 24°54.82′ N, longitude 080°38.03′ W.

Dated: April 3, 2018. of the Keesler Air Force Base (KAFB) SUPPLEMENTARY INFORMATION: The 81st
Jeffrey A. Janszen, located in Biloxi, Mississippi, on behalf Security Forces Anti-Terrorism Office,
Captain, U.S. Coast Guard, Captain of the of a request by the United States Air KAFB, located in Biloxi, Mississippi is
Port Key West. Force (USAF) 81st Security Forces Anti- responsible for United States Air Force
[FR Doc. 2018–08014 Filed 4–16–18; 8:45 am] Terrorism Office. The no anchorage perimeter security at KAFB located in
BILLING CODE 9110–04–P restricted area will be established by Biloxi, Mississippi. In accordance with
placing 12 buoys to demarcate the Department of Defense and Department
approximately 10,000 feet of shoreline of the Air Force guidance, the 81st
DEPARTMENT OF DEFENSE east to west and extend approximately Security Forces Anti-Terrorism Office is
150 feet from the shoreline of the base. responsible for the antiterrorism efforts
Department of the Army, Corps of The restricted area is essential to and force protection of Department of
Engineers address a major anti-terrorism and the Air Force assets under his or her
safety concern due to the lack of charge. In response to a request by the
33 CFR Part 334 perimeter fencing or physical denial United States Air Force, and pursuant to
system. its authorities in Section 7 of the Rivers
[COE–2017–0007] and Harbors Act of 1917 (40 Stat. 266;
DATES: Effective Date: May 17, 2018. 33 U.S.C. 1) and Chapter XIX of the
United States Air Force 81st Security
Forces Anti-Terrorism Office, ADDRESSES: U.S. Army Corps of Army Appropriations Act of 1919 (40
Restricted Area, Keesler Air Force Engineers, Attn: CECW–CO (David Stat. 892; 33 U.S.C. 3), the Corps is
Base, Biloxi, Mississippi Olson), 441 G Street NW, Washington, amending the regulations in 33 CFR part
DC 20314–1000. 334 by establishing a new restricted
AGENCY: U.S. Army Corps of Engineers, area.
FOR FURTHER INFORMATION CONTACT: Mr. The proposed rule was published in
daltland on DSKBBV9HB2PROD with RULES

DoD.
ACTION: Final rule. David Olson, Headquarters, Operations the November 16, 2017, edition of the
and Regulatory Community of Practice, Federal Register (82 FR 53440) and the
SUMMARY: The U.S. Army Corps of Washington, DC at 202–761–4922 or Mr. docket number was COE–2017–0007. In
Engineers (Corps) is establishing a no Don Mroczko, U.S. Army Corps of response to the proposal, four comments
anchorage restricted area within waters Engineers, Mobile District, at 251–690– were received. One commenter stated
along the Back Bay of Biloxi shoreline 3185. support for the project. Three agency

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16784 Federal Register / Vol. 83, No. 74 / Tuesday, April 17, 2018 / Rules and Regulations

comments were received stating no or operator. In addition, the restricted § 334.787 81st Security Forces Anti-
objections to the proposal regarding area is necessary to address a major anti- Terrorism Office, Keesler Air Force Base,
cultural resources and fish and wildlife terrorism and safety concern due to the Biloxi, Mississippi; no anchorage restricted
habitat. area.
lack of perimeter fencing or physical
In response to a request by the United denial system. Small entities can utilize (a) The area. The restricted area shall
States Air Force, and pursuant to its navigable waters outside of the encompass all navigable waters of the
authorities in Section 7 of the Rivers restricted area. Small entities may also United States, as defined at 33 CFR part
and Harbors Act of 1917 (40 Stat. 266; transit the restricted area as long as they 329, contiguous to the area identified as
33 U.S.C. 1) and Chapter XIX of the Keesler Air Force Base (KAFB) and the
obtain permission from the USAF 81st
Army Appropriations Act of 1919 (40 mean high water level within an area
Security Forces Anti-Terrorism Office,
Stat. 892; 33 U.S.C. 3), the Corps is bounded by the shore and buoys from
amending the regulations in 33 CFR part KAFB, Biloxi, Mississippi, or its
authorized representative. The restricted the east to the west of the area starting
334 by establishing a new restricted at: Latitude 30°25′11.73″ N, longitude
area. area is necessary for security of KAFB.
The Corps determined that the restricted 88°54′57.69″ W, thence to latitude
Procedural Requirements area would have practically no 30°25′11.85″ N, longitude 88°55′3.46″
W, thence to latitude 30°25′8.00″ N,
a. Regulatory Planning and Review. economic impact on the public, any
Executive Orders 12866 and 13563 longitude 88°55′10.10″ W, thence to
anticipated navigational hazard or
direct agencies to assess the costs and latitude 30°25′4.15″ N, longitude
interference with existing waterway 88°55′16.74″ W, thence to latitude
benefits of available regulatory traffic. After considering the economic
alternatives and, if regulation is 30°25′6.96″ N, longitude 88°55′24.12″
impacts of this restricted area regulation W, thence to latitude 30°25′1.83″ N,
necessary, to select regulatory on small entities, I certify that this
approaches that maximize net benefits. longitude 88°55′30.01″ W, thence to
action will not have a significant impact latitude 30°24′56.15″ N, longitude
Executive Order 13771 directs agencies on a substantial number of small
to control regulatory costs through a 88°55′34.16″ W, thence to latitude
entities. 30°24′51.14″ N, longitude 88°55′39.56″
budgeting process. This rule has not
been designated a ‘‘significant c. Review Under the National W, thence to latitude 30°24′47.48″ N,
regulatory action,’’ under Executive Environmental Policy Act. This rule will longitude 88°55′46.64″ W, thence to
Order 12866. Accordingly, this rule has not have a significant impact to the latitude 30°24′51.08″ N, longitude
not been reviewed by the Office of quality of the human environment and, 88°55′53.46″ W, thence to latitude
Management and Budget (OMB), and therefore, preparation of an 30°24′55.30″ N, longitude 88°55′59.91″
pursuant to OMB guidance because it is environmental impact statement is not W, thence to latitude 30°24′56.87″ N,
exempt from the requirements of required. An environmental assessment longitude 88°56′7.40″ W. The datum is
Executive Order 13771. has been prepared. It may be reviewed NAD–83.
The Corps has made a determination at the District office listed at the end of (b) The regulations. (1) All persons,
this rule is not a significant regulatory the FOR FURTHER INFORMATION CONTACT swimmers, vessels and other craft,
action. This regulatory action section, above. except those vessels under the
determination is based on the size, supervision or contract to local military
d. Unfunded Mandates Act. This rule
duration, and location of the restricted or USAF authority, vessels of the United
area. The restricted area occupies a does not impose an enforceable duty States Coast Guard, and local or state
small portion of the waterway and a among the private sector and, therefore, law enforcement vessels, are prohibited
vessel that needs to transit the restricted is not a Federal private sector mandate from entering the restricted area without
area may do so if the operator of the and is not subject to the requirements of permission from the USAF 81st Security
vessel obtains permission from the Section 202 or 205 of the Unfunded Forces Anti-Terrorism Office, KAFB or
USAF 81st Security Forces Anti- Mandates Reform Act (Pub. L. 104–4, its authorized representative.
Terrorism Office, KAFB or its 109 Stat. 48, 2 U.S.C. 1501 et seq.). We
(2) The restricted area is in effect
authorized representative. have also found under Section 203 of
twenty-four hours per day and seven
b. Impact on Small Entities. the Act, that small governments will not days a week (24/7).
The Regulatory Flexibility Act of be significantly or uniquely affected by
1980, 5 U.S.C. 601–612, as amended, this rule. (3) Should warranted access into the
requires Federal agencies to consider restricted navigation area be needed, all
the potential impact of regulations on List of Subjects in 33 CFR Part 334 entities are required to contact the
small entities during rulemaking. The USAF 81st Security Forces Anti-
Danger zones, Navigation (water), Terrorism Office, KAFB, Biloxi,
term ‘‘small entities’’ comprises small
Restricted areas, Waterways. Mississippi, or its authorized
businesses, not-for-profit organizations
that are independently owned and For the reasons set out in the representative.
operated and are not dominant in their preamble, the Corps amends 33 CFR (c) Enforcement. The regulation in
fields, and governmental jurisdictions part 334 as follows: this section shall be enforced by the
with populations of less than 50,000. USAF 81st Security Forces Anti-
The Corps certifies under 5 U.S.C. PART 334—DANGER ZONE AND Terrorism Office, KAFB and/or such
605(b) that this rule would not have a RESTRICTED AREA REGULATIONS agencies or persons as that office may
significant economic impact on a designate.
substantial number of small entities.
daltland on DSKBBV9HB2PROD with RULES

■ 1. The authority citation for part 334 Dated: April 6, 2018.
While some owners or operators of continues to read as follows:
vessels that intend to transit the Thomas P. Smith,
restricted area may be small entities, for Authority: 40 Stat. 266 (33 U.S.C. 1) and Chief, Operations and Regulatory Division,
40 Stat. 892 (33 U.S.C. 3). Directorate of Civil Works.
the reasons stated in paragraph (a) above
this rule would not have a significant ■ 2. Add § 334.787 to read as follows: [FR Doc. 2018–07919 Filed 4–16–18; 8:45 am]
economic impact on any vessel owner BILLING CODE 3720–58–P

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Document Created: 2018-04-17 02:52:44
Document Modified: 2018-04-17 02:52:44

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.
Dates		Effective Date: May 17, 2018.
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		83 FR 16783
CFR Associated		Danger Zones; Navigation (water); Restricted Areas and Waterways

83 FR 16783 - United States Air Force 81st Security Forces Anti-Terrorism Office, Restricted Area, Keesler Air Force Base, Biloxi, Mississippi

DEPARTMENT OF DEFENSEDepartment of the Army, Corps of Engineers

Federal Register Volume 83, Issue 74 (April 17, 2018)

DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers