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###### Department of Defense

###### Department of the Army, Corps of Engineers

          - 33 CFR Part 334
          - [COE-2022-0005]

# AGENCY:

U.S. Army Corps of Engineers, DoD.

# ACTION:

Notice of proposed rulemaking and request for comments.

# SUMMARY:

                        The U.S. Army Corps of Engineers (Corps) is proposing to revise its regulations to establish a restricted area within the explosive arc of Six Mile Munitions Storage Area (MSA) on Joint Base Elmendorf-Richardson (JBER). The United States Air Force—Pacific Air Command (USAF PACAF) requested establishment of a restricted area which would be located within the navigable waters of Knik Arm which are a part of the Six Mile MSA explosive arc. The proposed restricted area would extend from the shoreline to the outward limits of the arc. Establishment of the restricted area would prohibit all watercraft navigations and individuals from entering the explosive arc area of the Six Mile MSA at all times except for authorized vessels and individuals in                               ( print page 41638)                            support of military training and management activities. This restricted area is necessary to avoid inadvertent entry into the explosive arc during an inadvertent detonation, and exposure to hazardous noise and fragments from such a detonation.                    

# DATES:

Written comments must be submitted on or before August 12, 2022.

# ADDRESSES:

You may submit comments, identified by docket number COE-2022-0005, by any of the following methods:

*Federal eRulemaking Portal: http://www.regulations.gov*. Follow the instructions for submitting comments.                    

*Email: david.b.olson@usace.army.mil*. Include the docket number, COE-2022-0005, in the subject line of the message.                    

*Mail:*                         U.S. Army Corps of Engineers, Attn: CECW-CO-R (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-2022-0005. 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*                         website 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 compact disk 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 comments received, go to                         *www.regulations.gov*. All documents in the docket are listed. Although listed in 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.

# SUPPLEMENTARY INFORMATION:

 

## Background

                    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 its regulations at 33 CFR part 334 to establish a restricted area within the navigable waters of Knik Arm. The proposed amendment to this regulation would allow the USAF PACAF 673rd Air Base Wing to prevent all vessels, watercraft, and individuals from entering the explosive arc area of the Six Mile MSA at JBER at all times, except for authorized vessels and individuals engaged in support of military training and management activities. The proposed restricted area would be in place as a precautionary measure to protect the public from inadvertently entering or being within the explosive arc during an inadvertent detonation, and encountering hazardous noise and fragments from such a detonation. The proposed restricted area would allow USAF PACAF to maintain control and reduce access to this area of Knik Arm, and to maintain the Six Mile MSA's Net Explosive Weight (NEW) storage capabilities. Without designation of a restricted area, the NEW storage capabilities would be required to be reduced, which would have significant impact to USAF PACAF's current operations (                    *i.e.,*                     mass re-warehousing would be required) and could affect wartime capabilities.                

## Procedural Requirements

                    a.                     *Regulatory Planning and Review.*                     This proposed rule is not a “significant regulatory action” under Executive Order 12866 (58 FR 51735, October 4, 1993) and it was not submitted to the Office of Management and Budget for review.                

                    b.                     *Review Under the Regulatory Flexibility Act.*                     This proposed 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 Corps certifies under 5 U.S.C. 605(b) that this proposed rule would not have a significant economic impact on a substantial number of small entities. The restricted area is necessary to protect public safety. This restricted regulation would prevent all vessels, watercraft and individuals from entering, or remaining in, an active military range munitions impact area at all times, unless they are authorized by the enforcing agency. Small entities can utilize navigable waters outside of the restricted area. 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 proposed rule would 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 this 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 the UMRA.                

      ( print page 41639)    

# List of Subjects in 33 CFR Part 334

      - Danger zones
      - Navigation (water)
      - Restricted areas
      - Waterways

For the reasons set forth above, the Corps proposes to amend 33 CFR part 334 as follows:

# PART 334—DANGER ZONE AND RESTRICTED AREA REGULATIONS

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).

2. Add §  334.1303 to read as follows: 

§ 334.1303 

                        (a)                         *The area.*                         The restricted area will consist of the waters with an area defined as beginning at a point on shore at latitude 61°17′35″ N, longitude 149°50′3″ W; thence northward in an arc to the mid-arc point at latitude 61°18′19″ N, longitude 149°50′6″ W; continuing northward in an arc to the end point on shore at latitude 61°18′36″ N, longitude 149°49′1″ W. The datum for these coordinates is NAD-83.                    

                        (b)                         *The regulation.*                         The restricted area is permanently closed for public use at all times. No persons, watercraft, or vessels shall enter, or remain, in the area except for those authorized by the enforcing agency.                    

                        (c)                         *Enforcement.*                         This regulation will be enforced by the United States Air Force Pacific Air Command 673rd Air Base Wing.                    

Thomas P. Smith,

Chief, Operations and Regulatory Division, Directorate of Civil Works.

[FR Doc. 2022-14723 Filed 7-12-22; 8:45 am]

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