[Federal Register Volume 82, Number 220 (Thursday, November 16, 2017)]
[Proposed Rules]
[Pages 53440-53442]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24892]


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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: Notice of proposed rulemaking and request for comments.

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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