[Federal Register Volume 80, Number 119 (Monday, June 22, 2015)]
[Proposed Rules]
[Pages 35620-35621]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-15294]


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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.

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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