[Federal Register Volume 83, Number 74 (Tuesday, April 17, 2018)]
[Rules and Regulations]
[Pages 16783-16784]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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