Proposed Rule2022-01011
Eagle River From Bravo Bridge to Eagle Bay in Knik Arm, Richardson Training Area on Joint Base Elmendorf-Richardson, Alaska; Restricted Area
Primary source
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Published
January 21, 2022
Issuing agencies
Defense DepartmentEngineers Corps
Abstract
The U.S. Army Corps of Engineers (Corps) is proposing to revise its regulations to establish a restricted area within the Richardson Training Area on Joint Base Elmendorf-Richardson (JBER), at Eagle River. The United States Army, Alaska (USARAK) G3/5/7 Training and Support Activity-Alaska (TSA-AK) requested establishment of a restricted area which would be located in the area of navigable waters extending from the span on Bravo Bridge across Eagle River to the mouth of Eagle River Knik Arm (Eagle River channel). Establishment of the restricted area would prevent all watercraft navigations and individuals from entering an active military range munitions impact area at all times, except for authorized vessels and individuals engaged in support of military training and management activities. This restricted area is necessary to avoid inadvertent entry into the impact area during live-fire weapons training, exposure to hazardous noise, and inadvertent encounters with unexploded ordnance.
Full Text
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<title>Federal Register, Volume 87 Issue 14 (Friday, January 21, 2022)</title>
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[Federal Register Volume 87, Number 14 (Friday, January 21, 2022)]
[Proposed Rules]
[Pages 3257-3259]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-01011]
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DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers
33 CFR Part 334
[COE-2021-0006]
Eagle River From Bravo Bridge to Eagle Bay in Knik Arm,
Richardson Training Area on Joint Base Elmendorf-Richardson, Alaska;
Restricted Area
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
revise its regulations to establish a restricted area within the
Richardson Training Area on Joint Base Elmendorf-Richardson (JBER), at
Eagle River. The United States Army, Alaska (USARAK) G3/5/7 Training
and Support Activity-Alaska (TSA-AK) requested establishment of a
restricted area which would be located in the area of navigable waters
extending from the span on Bravo Bridge across Eagle River to the mouth
of Eagle River Knik Arm (Eagle River channel). Establishment of the
restricted area would prevent all watercraft navigations and
individuals from entering an active military range munitions impact
area at all times, except for authorized vessels and individuals
engaged in support of military training and management activities. This
restricted area is necessary to avoid inadvertent entry into the impact
area during live-fire weapons training, exposure to hazardous noise,
and inadvertent encounters with unexploded ordnance.
DATES: Written comments must be submitted on or before February 22,
2022.
ADDRESSES: You may submit comments, identified by docket number COE-
2021-0006, by any of the following methods:
Federal eRulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the
instructions for submitting comments.
Email: <a href="/cdn-cgi/l/email-protection#d4b0b5a2bdb0fab6fabbb8a7bbba94a1a7b5b7b1fab5a6b9adfab9bdb8"><span class="__cf_email__" data-cfemail="b1d5d0c7d8d59fd39fdeddc2dedff1c4c2d0d2d49fd0c3dcc89fdcd8dd">[email protected]</span></a>. Include the docket number,
COE-2021-0006, 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.
[[Page 3258]]
Instructions: Direct your comments to docket number COE-2021-0006.
All comments received will be included in the public docket without
change and may be made available on-line at <a href="http://www.regulations.gov">http://www.regulations.gov</a>,
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 <a href="http://regulations.gov">regulations.gov</a> or
email. The <a href="http://regulations.gov">regulations.gov</a> 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 <a href="http://regulations.gov">regulations.gov</a>, 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 background documents or
comments received, go to <a href="http://www.regulations.gov">www.regulations.gov</a>. 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, U.S.
Army Corps of Engineers, 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 the regulations at 33 CFR part 334 by establishing a
restricted area in the Eagle River channel. The amendment to this
regulation will allow the USARAK Commander to prevent all watercraft
navigations and individuals from entering an active military range
(Richardson Training Area, Joint Base Elmendorf-Richardson) munitions
impact area at all times, except for authorized vessels and individuals
engaged in support of military training and management activities. This
restricted area will be in place as a precautionary measure to protect
the public from inadvertently entering the impact area during live-fire
weapons training, encountering hazardous noise in the vicinity of the
impact area, and encountering unexploded ordnance.
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. Regulatory Flexibility Act, as Amended by the Small Business
Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 601 et seq. 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 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 watercraft and
individuals from entering an activity military range munitions impact
area at all times, except for authorized vessels and individuals
engaged in support of military training and management activities. The
regulation would allow people, watercraft, or vessels to enter or
remain in the waters in the restricted area as long as 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 tribal, state, and local 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 forth in the summary above, 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. Add Sec. 334.1305 to read as follows:
Sec. 334.1305 Eagle River from Bravo Bridge to its mouth at Eagle
Bay in Knik Arm, Richardson Training Area on Joint Base Elmendorf-
Richardson, Alaska; restricted area.
(a) Restricted area. The restricted area consists of navigable
waters within an area defined as beginning a point on shore at latitude
61[deg]19'40.1'' N, longitude 149[deg]44'20.336'' W; thence easterly to
latitude 61[deg]19'41.59'' N, longitude 149[deg]44'6.825'' W; 3.06
nautical miles southerly along the river to latitude 61[deg]18'40.13''
N, longitude
[[Page 3259]]
149[deg]41'16.12'' W; thence southerly to latitude 61[deg]18'38.404''
N, to longitude 149[deg]41'14.73'' 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 Commander,
United States Army-Alaska.
Thomas P. Smith,
Chief, Operations and Regulatory Division.
[FR Doc. 2022-01011 Filed 1-20-22; 8:45 am]
BILLING CODE 3720-58-P
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