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12 June 2008
[Federal Register: June 12, 2008 (Volume 73, Number 114)]
[Proposed Rules]
[Page 33344-33345]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12jn08-33]
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DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers
33 CFR Part 334
United States Navy Restricted Area, SUPSHIP Bath Detachment
Mobile, Mobile, AL
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
establish a restricted area around the AUSTAL, USA shipbuilding
facility located in Mobile, Alabama, because of the sensitive nature of
the on-going and potential future activities at that facility. The
Supervisor of Shipbuilding, Conversion and Repair (SUPERVISOR), located
in Bath, Maine is responsible for United States Navy shipbuilding
activities at AUSTAL, USA located in Mobile, Alabama. The proposed
restricted area will be used for on-going construction when vessels are
placed in the water. The proposed 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: Written comments must be submitted on or before July 14, 2008.
ADDRESSES: You may submit comments, identified by docket number COE-
2008-0014, by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov. Follow the
instructions for submitting comments.
E-mail: david.b.olson@usace.army.mil. Include the docket number
COE-2008-0014 in the subject line of the message.
Mail: U.S. Army Corps of Engineers, Attn: CECW-CO (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-2008-0014.
All comments received will be included in the public docket without
change and may be made available on-line at http://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
e-mail. The regulations.gov Web site 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 e-
mail directly to the Corps without going through regulations.gov, your
e-mail 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 disk or CD-ROM 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.
Consideration will be given to all comments received within 30 days
of the date of publication of this notice.
FOR FURTHER INFORMATION CONTACT: Mr. David Olson, Headquarters,
Operations and Regulatory Community of Practice, Washington, DC at 202-
761-4922 or Mr. Damon M. Young, U.S. Army Corps of Engineers, Mobile
District, at 251-690-2658.
SUPPLEMENTARY INFORMATION: The Supervisor of Shipbuilding, Conversion
and Repair (SUPERVISOR), located in Bath, Maine 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 charge. The SUPERVISOR established SUPSHIP Bath
Detachment Mobile, Alabama to assist to that end by managing a portion
of the activities at
[[Page 33345]]
the AUSTAL, USA shipbuilding facility in Mobile, Alabama. The first
ship launch occurred in late April 2008. Until the final rule goes into
effect, the Mobile District has imposed a temporary restricted area
pursuant to the procedures at 33 CFR 334.3(c). The temporary restricted
area will be identified by marker buoys.
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 proposing to amend the
regulations in 33 CFR Part 334 by establishing a new restricted area.
Procedural Requirements
a. Review Under Executive Order 12866. This proposed 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 proposed 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). Unless information is obtained to the contrary during the
public notice 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. This proposed rule, if adopted, will have no
significant economic impact on small entities.
c. Review Under the National Environmental Policy Act. The Corps
expects that the proposed rule will not have a significant impact to
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. After it is
prepared, it may be reviewed at the District office listed at the end
of the FOR FURTHER INFORMATION CONTACT, above.
d. Unfunded Mandates Act. The proposed rule does not impose an
enforceable duty among the private sector and, therefore, are not a
Federal private sector mandate and are 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 rulemaking.
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 proposes to
amend 33 CFR part 334 as follows:
PART 334--DANGER ZONE AND RESTRICTED AREA REGULATIONS
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).
2. Add Sec. 334.782 to read as follows:
Sec. 334.782 AUSTAL, USA/SUPSHIP Bath Detachment Mobile, Alabama;
naval restricted area.
(a) The area. 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 AUSTAL, USA and the mean high water level
within a rectangular shaped area on the east side of the Mobile River
beginning at latitude 30[deg]41'36.46'', longitude -88[deg]2'2.70'';
thence westerly to latitude 30[deg]41'35.85'', longitude -
88[deg]2'5.12''; thence southerly to latitude 30[deg]41'26.67'',
longitude -88[deg]2'3.62''; thence easterly to latitude
30[deg]41'26.98'', longitude -88[deg]2'1.81''; thence northerly along
the easterly shoreline to the point of origin.
(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, Bath, Maine or his/her
authorized representative.
(2) The restricted area is in effect twenty-four hours per day and
seven days a week (24/7).
(c) Enforcement. The regulation in this section shall be enforced
by the Supervisor of Shipbuilding, Conversion and Repair, USN, Bath,
Maine and/or such agencies or persons as he/she may designate.
Dated: June 4, 2008.
Michael G. Ensch,
Chief, Operations, Directorate of Civil Works.
[FR Doc. E8-13283 Filed 6-11-08; 8:45 am]
BILLING CODE 3710-92-P