Eagle River From Bravo Bridge to Eagle Bay in Knik Arm, Richardson Training Area on Joint Base Elmendorf-Richardson, Alaska; Restricted Area, 3257-3259 [2022-01011]
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Federal Register / Vol. 87, No. 14 / Friday, January 21, 2022 / Proposed Rules
regulatory-information/search-fda-guidancedocuments/recommendations-premarketnotification-510k-submissions-nucleic-acidbased-human-leukocyte-antigen.
5. FDA, ‘‘Medical Devices; Immunology
and Microbiology Devices; Classification of
Human Leukocyte, Neutrophil and Platelet
Antigen and Antibody Tests,’’ Preliminary
Regulatory Impact Analysis Initial Regulatory
Flexibility Analysis Unfunded Mandates
Reform Act Analysis,’’ 2019 (available at
https://www.fda.gov/about-fda/reports/
economic-impact-analyses-fda-regulations.
List of Subjects in 21 CFR Part 866
Biologics, Laboratories, Medical
devices.
Therefore, under the Federal Food,
Drug, and Cosmetic Act, and under
authority delegated to the Commissioner
of Food and Drugs, we propose that 21
CFR part 866 be amended as follows:
PART 866—IMMUNOLOGY AND
MICROBIOLOGY DEVICES
1. The authority citation for part 866
continues to read as follows:
■
Authority: 21 U.S.C. 351, 360, 360c, 360e,
360j, 360l, 371.
2. Add § 866.5960 to subpart F to read
as follows:
■
jspears on DSK121TN23PROD with PROPOSALS1
§ 866.5960 Human Leukocyte, Human
Neutrophil, and Human Platelet antigen and
antibody devices.
(a) Identification. Human Leukocyte,
Human Neutrophil, and Human Platelet
antigen and antibody devices consist of
Human Leukocyte Antigen (HLA),
Human Platelet Antigen (HPA), and
Human Neutrophil Antigen (HNA)
typing and antibody detection devices.
(1) HLA typing devices are used to
determine HLA types, to aid in
transfusion or transplantation donor and
recipient matching, or to aid in the
diagnosis of diseases.
(2) HLA antibody detection devices
are used to detect antibodies to HLA
antigens to aid in donor and recipient
matching in transfusion or
transplantation.
(3) HPA typing devices are used for
the detection of human platelet antigens
to aid in donor and recipient matching
in blood transfusion or to aid in the
diagnosis of diseases.
(4) HPA antibody detection devices
are used to detect autoantibodies and
alloantibodies against platelet
glycoproteins to aid in donor and
recipient matching in blood transfusion
or to aid in the diagnosis of diseases.
(5) HNA typing devices are used for
the detection of human neutrophil
antigens to aid in donor and recipient
matching in blood transfusion or to aid
in the diagnosis of diseases.
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(6) HNA antibody detection devices
are used to detect autoantibodies and
alloantibodies against neutrophil
antigens to aid in donor and recipient
matching in blood transfusion or to aid
in the diagnosis of diseases.
(b) Classification. Class II (special
controls). HLA, HPA, and HNA typing
devices must comply with the following
special controls:
(1) Premarket submissions must
include detailed documentation of the
following:
(i) Device accuracy study using wellcharacterized samples representing as
many targets as possible.
(ii) Precision studies to evaluate
possible sources of variation that may
affect test results.
(iii) Comparison studies to evaluate
the device’s performance compared to a
predicate.
(iv) Specific information that
addresses or mitigates risks associated
with false positive antibody reactivity,
e.g., reactivity with denatured/cryptic
epitopes, if applicable.
(v) Description of how the assay cutoff
was established and validated as well as
supporting data.
(vi) Documentation for device
software, including, but not limited to,
software requirement specifications,
software design specifications, e.g.,
algorithms, alarms, and device
limitations; hazard analysis, traceability
matrix, verification and validation
testing, unresolved anomalies, hardware
and software specifications;
electromagnetic compatibility and
wireless testing.
(vii) Design specifications that are in
place to prevent incorrect reactivity
assignment or multiplex assays in
which large numbers of probes and/or
primers are handled during
manufacturing process.
(viii) Description of a plan on how to
ensure the performance characteristics
of the device remain unchanged over
time when new HLA alleles are
identified and/or reactivity assignments
are changed from the assignments at the
time the device was evaluated.
(2) The device labeling must include:
(i) A limitation statement that reads,
‘‘The results should not be used as the
sole basis for making a clinical
decision.’’
(ii) A warning that reads ‘‘The device
has not been cleared or approved for use
as a companion diagnostic.’’
Dated: January 11, 2022.
Janet Woodcock,
Acting Commissioner of Food and Drugs.
[FR Doc. 2022–01156 Filed 1–20–22; 8:45 am]
BILLING CODE 4164–01–P
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3257
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.
Notice of proposed rulemaking
and request for comments.
ACTION:
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 ElmendorfRichardson (JBER), at Eagle River. The
United States Army, Alaska (USARAK)
G3/5/7 Training and Support ActivityAlaska (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.
SUMMARY:
You may submit comments,
identified by docket number COE–
2021–0006, by any of the following
methods:
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Email: david.b.olson@usace.army.mil.
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.
ADDRESSES:
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Federal Register / Vol. 87, No. 14 / Friday, January 21, 2022 / Proposed Rules
jspears on DSK121TN23PROD with PROPOSALS1
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 https://
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 background documents or
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, 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
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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
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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
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 § 334.1305 to read as follows:
§ 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°19′40.1″ N,
longitude 149°44′20.336″ W; thence
easterly to latitude 61°19′41.59″ N,
longitude 149°44′6.825″ W; 3.06
nautical miles southerly along the river
to latitude 61°18′40.13″ N, longitude
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Federal Register / Vol. 87, No. 14 / Friday, January 21, 2022 / Proposed Rules
149°41′16.12″ W; thence southerly to
latitude 61°18′38.404″ N, to longitude
149°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
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2021–0854; FRL–9381–01–
R3]
Air Plan Approval; Delaware;
Philadelphia Area 2017 Base Year
Inventory for the Ozone National
Ambient Air Quality Standard
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
state implementation plan (SIP) revision
formally submitted by the State of
Delaware. This revision consists of the
base year inventory for the Delaware
portion of the Philadelphia-WilmingtonAtlantic City, PA-NJ-MD-DE marginal
nonattainment area (Philadelphia Area)
for the 2015 ozone national ambient air
quality standards (NAAQS). This action
is being taken under the Clean Air Act
(CAA).
DATES: Written comments must be
received on or before February 22, 2022.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R03–
OAR–2021–0854 at https://
www.regulations.gov, or via email to
Gordon.Mike@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
submission, EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
confidential business information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
jspears on DSK121TN23PROD with PROPOSALS1
SUMMARY:
VerDate Sep<11>2014
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accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.,
on the web, cloud, or other file sharing
system). For additional submission
methods, please contact the person
identified in the FOR FURTHER
INFORMATION CONTACT section. For the
full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Adam Yarina, Planning &
Implementation Branch (3AD30), Air &
Radiation Division, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103. The telephone number is (215)
814–2103. Mr. Yarina can also be
reached via electronic mail at
Yarina.Adam@epa.gov.
SUPPLEMENTARY INFORMATION: On
October 9, 2020, the Delaware
Department of Natural Resources and
Environmental Control (DNREC) on
behalf of the State of Delaware,
submitted a revision to the Delaware SIP
entitled, ‘‘2017 Base Year Emissions
Inventory State Implementation Plan for
VOC, NOX, and CO for Areas of
Marginal Nonattainment of the 2015
Ozone NAAQS in Delaware.’’ New
Castle County comprises Delaware’s
portion of the Philadelphia-WilmingtonAtlantic City, PA-NJ-MD-DE 2015 ozone
NAAQS nonattainment area. This SIP
revision, referred to in this rulemaking
action as the ‘‘New Castle County base
year inventory SIP,’’ addresses
Delaware’s base year inventory
requirement for the 2015 ozone NAAQS.
I. Background
On October 1, 2015, EPA strengthened
the 8-hour ozone NAAQS, lowering the
level of the NAAQS from 0.075 ppm
parts per million (ppm) to 0.070 ppm.
See 80 FR 65292 (October 26, 2015).
Effective August 3, 2018, EPA
designated the Philadelphia Area,
which consists of New Castle County in
Delaware and counties in Maryland,
New Jersey, and Pennsylvania, as
marginal nonattainment for the 2015
ozone NAAQS. See 83 FR 25776 (June
4, 2018). CAA section 182(a)(1) requires
ozone nonattainment areas classified as
marginal or above to submit a
comprehensive, accurate, current
inventory of actual emissions from all
emissions sources in the nonattainment
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3259
area, known as a ‘‘base year inventory.’’
The New Castle County base year
inventory SIP addresses a base year
inventory requirement for the
Philadelphia Area.
II. Summary of SIP Revision and EPA
Analysis
A. EPA Evaluation of the New Castle
County Base Year Inventory SIP
EPA’s review of Delaware’s base year
inventory SIP indicates that it meets the
base year inventory requirements for the
2015 ozone NAAQS. As required by 40
CFR 51.1315(a), DNREC selected 2017
for the base year inventory, which is
consistent with the baseline year for the
RFP because it is the year of the most
recent triennial inventory. DNREC
included actual ozone season emissions,
pursuant to 40 CFR 51.1315(c).
EPA prepared a Technical Support
Document (TSD) in support of this
rulemaking. In that TSD, EPA reviewed
the results, procedures, and
methodologies for the SIP base year, and
found them to be acceptable and
developed in accordance with EPA’s
technical guidance. The TSD is
available online at https://
www.regulations.gov, Docket ID No.
EPA–R03–OAR–2021–0854.
B. Base Year Inventory Requirements
In EPA’s December 6, 2018 (83 FR
62998) rulemaking, ‘‘Implementation of
the 2015 National Ambient Air Quality
Standards for Ozone: Nonattainment
Area State Implementation Plan
Requirements,’’ known as the ‘‘SIP
Requirements Rule,’’ EPA set out
nonattainment area requirements for the
2015 ozone NAAQS. SIP Requirements
Rule established base year inventory
requirement, which were codified at 40
CFR 51.1315. As per 40 CFR 51.1315(a),
each 2015 ozone nonattainment area is
required to submit a base year inventory
within 2 years of designation (i.e., no
later than August 3, 2020).
Also, 40 CFR 51.1315(a) requires that
the inventory year be selected consistent
with the baseline year for the reasonable
further progress (RFP) plan as required
by 40 CFR 51.1310(b), which states that
the baseline emissions inventory shall
be the emissions inventory for the most
recent calendar year for which a
complete triennial inventory is required
to be submitted to the EPA under the
provisions of subpart A of 40 CFR part
51, Air Emissions Reporting
Requirements, 40 CFR 51.1 through
51.50. The most recent triennial
inventory year conducted for the
National Emissions Inventory (NEI)
pursuant to the Air Emissions Reporting
Requirements (AERR) rule is 2017. See
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]]>Agencies
[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 [www.gpo.gov]
[FR Doc No: 2022-01011]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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: https://www.regulations.gov. Follow the
instructions for submitting comments.
Email: [email protected]. 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 https://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 background documents or
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, 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).
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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
