[Federal Register Volume 77, Number 140 (Friday, July 20, 2012)]
[Rules and Regulations]
[Pages 42653-42654]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-17780]
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DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers
33 CFR Part 334
United States Navy Restricted Area, SUPSHIP Gulf Coast Detachment
Mobile at AUSTAL, USA, Mobile, AL; Restricted Area
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 amending an
existing restricted area to reflect changes in responsible parties for
the restricted area established around the AUSTAL, USA shipbuilding
facility located in Mobile, Alabama. The Supervisor of Shipbuilding,
Conversion and Repair, United States Navy (USN), Gulf Coast (SUPSHIP
Gulf Coast) assumed the duties of administering new construction
contracts at AUSTAL USA in Mobile, AL, on October 9, 2011, replacing
the Supervisor of Shipbuilding, Conversion, and Repair, USN, Bath
(SUPSHIP Bath). The Department of the Navy requested an amendment to
the regulation to reflect the change in responsible parties. There are
no other changes for this restricted area regulation.
DATES: Effective date: August 20, 2012.
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. Donald E. Mroczko, U.S. Army Corps of Engineers, Mobile
District, at 251-690-3185.
SUPPLEMENTARY INFORMATION: The Supervisor of Shipbuilding, Conversion
and Repair (SUPERVISOR), USN, Gulf Coast (SUPSHIP Gulf Coast) assumed
the duties of administering new construction contracts at AUSTAL USA in
Mobile, AL, on October 9, 2011, replacing the Supervisor of
Shipbuilding, Conversion, and Repair, USN, Bath (SUPSHIP Bath). The
SUPERVISOR is responsible for United States Navy shipbuilding
activities at AUSTAL, USA located in Mobile, Alabama. In accordance
with Department of Defense and Department of the Navy guidance, the
SUPERVISOR is responsible for the antiterrorism efforts and force
protection of Department of the Navy assets under his or her charge. As
such, the restricted area was established on September 22, 2009 (see 74
FR 48151). There are no changes to the limits of the restricted area.
The proposed rule was published in the December 2, 2011, edition of
the Federal Register (76 FR 75508) and the regulations.gov docket
number was COE-2011-0034. In response to the proposal, one comment was
received. The commenter stated that the proposed rule will have no
effect on historic properties.
In response to a request by the United States Navy, 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 33 CFR
334.782 by changing the responsible party from SUPSHIP Bath to SUPSHIP
Gulf Coast.
Administrative Requirements
a. Review Under Executive Order 12866. This rule is issued with
respect to a military function of the Defense Department and the
provisions of Executive Order 12866 do not apply.
b. Review Under the Regulatory Flexibility Act. The rule has been
reviewed under the Regulatory Flexibility Act (Pub. L. 96-354) which
requires the preparation of a regulatory flexibility analysis for any
regulation that will have a significant economic impact on a
substantial number of small entities (i.e., small businesses and small
governments). The Corps determined that the restricted area amendment
will have practically no economic impact on the public, no anticipated
navigational hazard, and no interference with existing waterway
traffic. This rule will have no significant economic impact on 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 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. 226 (33 U.S.C. 1) and 40 Stat. 892 (33
U.S.C. 3).
0
2. Revise the section heading and paragraphs (b) and (c) of Sec.
334.782 to read as follows:
Sec. 334.782 SUPSHIP Gulf Coast, Pascagoula, Mississippi, Detachment
Mobile, Alabama at AUSTAL, USA, Mobile, Alabama; restricted area.
* * * * *
(b) The regulations. (1) All persons, swimmers, vessels and other
craft, except those vessels under the supervision or contract to local
military or Naval authority, vessels of the U.S. Coast Guard and local
or State law enforcement vessels are prohibited from entering the
restricted area without permission from the Supervisor of Shipbuilding,
Conversion and Repair, USN, Gulf Coast, Pascagoula, Mississippi or his/
her authorized representative.
[[Page 42654]]
(2) The restricted area is in effect twenty four hours per day and
seven days a week.
(3) Should warranted access into the restricted navigation area be
needed, all entities are to contact the Supervisor of Shipbuilding,
Conversion and Repair, USN, Gulf Coast, Pascagoula, Mississippi, or
his/her authorized representative on Marine Communication Channel 16.
(c) Enforcement. The regulation in this section shall be enforced
by the Supervisor of Shipbuilding, Conversion and Repair, USN, Gulf
Coast, Pascagoula, Mississippi, and/or such agencies or persons as he/
she may designate.
Dated: July 16, 2012.
Richard C. Lockwood,
Chief, Operations and Regulatory, Directorate of Civil Works.
[FR Doc. 2012-17780 Filed 7-19-12; 8:45 am]
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