[Federal Register Volume 81, Number 241 (Thursday, December 15, 2016)]
[Rules and Regulations]
[Pages 90722-90723]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30015]
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DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers
33 CFR Part 334
United States Navy Restricted Area, SUPSHIP USN, Gulf Coast,
Pascagoula, 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
restricted area around the Huntington Ingalls Incorporated/Ingalls
Shipbuilding and Dry Dock (HII) facility located in Pascagoula
Mississippi, because of the sensitive nature of the on-going and
potential future activities at that facility. The Supervisor of
Shipbuilding, Conversion and Repair, Gulf Coast, located in Pascagoula,
Mississippi is responsible for United States Navy shipbuilding
activities at the HII facility, USA located in Pascagoula, Mississippi.
The restricted area will be used for on-going construction when vessels
are placed in the water. The restricted area is essential to protect
persons and property from the dangers associated with the operation and
safeguard the area from accidents, sabotage and other subversive acts.
DATES: Effective date: January 17, 2017.
FOR FURTHER INFORMATION CONTACT: Mr. David Olson, Headquarters,
Operations and Regulatory Community of Practice, Washington, DC at 202-
761-4922, or Mr. Philip Hegji, Corps of Engineers, Mobile District,
Regulatory Division, at 251-690-3222 or by email at
[email protected].
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 of
Engineers is establishing a restricted area around the Huntington
Ingalls Incorporated/Ingalls Shipbuilding and Dry Dock (HII) facility
located in Pascagoula Mississippi, due to the sensitive nature of the
on-going and potential future activities at that facility.
The proposed rule was published in the August 18, 2014 issue of the
Federal Register (79 FR 48716; docket number COE-2014-0008). Comments
were received from one commenter in response to the Federal Register
document and the Corps of Engineers Mobile District's local public
notice. The commenter objected to the size of the restricted area. The
commenter was concerned that depending on the size/configuration of
vessels in the navigational channel and river conditions some vessels
might end up operating within the outer limits of the restricted area.
HII amended the restricted area to a smaller more easily avoided
configuration.
Procedural Requirements
a. Review Under Executive Order 12866
This final 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
This final 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 restricted area is necessary for security of
this shipbuilding and dry dock facility. Small entities can utilize
navigable waters outside of the restricted area. After considering the
economic impacts of this final 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
Due to the administrative nature of this action and because there
is no intended change in the use of the area, the Corps determined that
this amendment to the regulation 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 was prepared after the public notice period closed and all
comments received from the public were considered. The environmental
assessment may be viewed 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, it is not a Federal private sector mandate and
it is not subject to the requirements of either Section 202 or Section
205 of the Unfunded Mandates Act. We have also found under Section 203
of the Act, that small governments will not be significantly and
uniquely affected by this rulemaking.
List of Subjects in 33 CFR Part 334
Danger zones, Marine safety, 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 33 CFR 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. 334.781 to read as follows:
Sec. 334.781 Supervisor of Shipbuilding, Conversion and Repair Gulf
Coast, Pascagoula, Mississippi; naval restricted area.
(a) The area. The datum for all coordinates is in NAD83 in
accordance with 33 CFR 334.6. 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 the Huntington Ingalls
Incorporated/Ingalls Shipbuilding and Dry Dock (HII) facility and the
mean high water level within an area contained in an ``L'' shaped area
bounded by the shore on the west and north ends of the area and bounded
by buoys on the east and south sides of the area starting at: Latitude
N. 30[deg]21.13' longitude W. 88[deg]34.13', thence to Latitude N.
30[deg]21.08' longitude W. 88[deg]34.13', thence to Latitude N.
30[deg]21.03' longitude W. 88[deg]34.13', thence to Latitude N.
30[deg]20.98' longitude W. 88[deg]34.13', thence to Latitude N.
30[deg]20.93' longitude W. 88[deg]34.13', thence to Latitude N.
30[deg]20.88', longitude W. 88[deg]34.13', thence to Latitude N.
30[deg]20.83' longitude W. 88[deg]34.13', thence
[[Page 90723]]
to Latitude N. 30[deg]20.78' longitude W. 88[deg]34.13', thence to
Latitude N. 30[deg]20.73' longitude W. 88[deg]34.13', thence to
Latitude N. 30[deg]20.68' longitude W. 88[deg]34.13', thence to
Latitude N. 30[deg]20.63' longitude W. 88[deg]34.13', thence to
Latitude N. 30[deg]20.64' longitude W. 88[deg]34.10', thence to
Latitude N. 30[deg]20.64' longitude W. 88[deg]34.25', thence to
Latitude N. 30[deg]20.64' longitude W. 88[deg]34.33', thence to
Latitude N. 30[deg]20.64' longitude W. 88[deg]34.41', thence to
Latitude N. 30[deg]20.59' longitude W. 88[deg]34.47', thence to
Latitude N. 30[deg]20.59' longitude W. 88[deg]34.51', thence to
Latitude N. 30[deg]20.59' longitude W. 88[deg]34.57', thence to
Latitude N. 30[deg]20.59' longitude W. 88[deg]34.63', thence to
Latitude N. 30[deg]20.59' longitude W. 88[deg]34.70', thence to
Latitude N. 30[deg]20.64' longitude W. 88[deg]34.75', thence to
Latitude N. 30[deg]20.64' longitude W. 88[deg]34.82', thence to
Latitude N. 30[deg]20.64' longitude W. 88[deg]34.87', thence to
Latitude N. 30[deg]20.71' longitude W. 88[deg]34.87'. The datum for
these coordinates is WGS84.
(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 United States 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, Gulfcoast or his/her
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 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 and/or such agencies or persons as he/she may designate.
Dated: December 1, 2016.
Susan S. Whittington,
Chief, Operations and Regulatory Division, Directorate of Civil Works.
[FR Doc. 2016-30015 Filed 12-14-16; 8:45 am]
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