[Federal Register Volume 80, Number 234 (Monday, December 7, 2015)]
[Rules and Regulations]
[Pages 75947-75948]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30776]


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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: Final rule.

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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