[Federal Register Volume 69, Number 74 (Friday, April 16, 2004)]
[Proposed Rules]
[Pages 20570-20571]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8603]


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DEPARTMENT OF DEFENSE

Corps of Engineers, Department of the Army

33 CFR Part 334

RIN 0710-AA56


United States Coast Guard Restricted Area, Coast Guard Base 
Mobile, Mobile, Alabama

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 is proposing to establish a 
new restricted area in the waters of Arlington Channel surrounding the 
U.S. Coast Guard Base Mobile Docks at Mobile, Alabama. The designation 
would ensure public safety and satisfy the Coast Guard's security, 
safety, and operational requirements as they pertain to vessels at 
Coast Guard Base Mobile by establishing an area into which unauthorized 
vessels and persons may not enter.

DATES: Comments must be submitted on or before May 17, 2004.

FOR FURTHER INFORMATION CONTACT: Mr. Frank Torbett, Headquarters 
Regulatory Branch at (202) 761-1075 or Mr. John B. McFadyen, Corps 
Mobile District, at (251) 690-3261.

SUPPLEMENTARY INFORMATION: 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 Appropriation Act of 1919 (40 Stat. 892; 33 
U.S.C. 3) the Corps proposes to amend the regulations in 33 CFR part 
334 by establishing a new restricted area at 334.783 in the waters of 
Arlington Channel surrounding U.S. Coast Guard Base Mobile at Mobile, 
Alabama. The points defining the proposed restricted area were selected 
to minimize interference with other users of Arlington Channel, and to 
minimize the restricted area's interference with commercial and 
recreational fisheries.

Procedural Requirements

a. Review Under Executive Order 12866

    This proposed rule is issued with respect to a military function of 
the Homeland Security 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

[[Page 20571]]

 (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 expects that the economic 
impact of the establishment of this restricted area would have no 
impact on the public, no anticipated navigational hazard or 
interference with existing waterway traffic, and accordingly, certifies 
that this proposal, if adopted, will have no significant economic 
impact on small entities.

c. Review Under the National Environmental Policy Act

    The Mobile District has prepared a preliminary Environmental 
Assessment (EA) for this action. The preliminary EA concluded that this 
action will not have a significant impact on the human environment. 
After receipt and analysis of comments from this Federal Register 
posting and the Mobile District's concurrent Public Notice, the Corps 
will prepare a final environmental document detailing the scale of 
impacts this action will have upon the human environment. The EA will 
be available for review at the Mobile District Office, Regulatory 
Branch, 109 St. Joseph St., Mobile, Alabama.

d. Unfunded Mandates Act

    This proposed rule does not impose an enforceable duty among the 
private sector and, therefore, is not a Federal private sector mandate 
and is not subject to the requirements of section 202 or 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, we propose to amend 33 CFR 
part 334 to read 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. Section 334.783 is added to read as follows:


Sec.  334.783  Arlington Channel, U.S. Coast Guard Base, Mobile, 
Alabama, restricted area.

    (a) The area. The waters of Arlington Channel west of a line from 
latitude 30[deg]-39'-09'' N, longitude 088[deg]-03'-24'' W to latitude 
30[deg]-38'-54'' N., longitude 088[deg]-03'-17'' W.
    (b) The regulation. The restricted area is open to U.S. Government 
vessels and transiting vessels only. U.S. Government vessels include 
U.S. Coast Guard vessels, Department of Defense vessels, State and 
local law enforcement and emergency services vessels and vessels under 
contract with the U.S. Government. Vessels transiting the restricted 
area shall proceed across the area by the most direct route and without 
unnecessary delay. Fishing, trawling, net-fishing and other aquatic 
activities are prohibited in the restricted area without prior approval 
from the Commanding Officer, U.S. Coast Guard Group Mobile or his 
designated representative.
    (c) Enforcement. The regulations in this section shall be enforced 
by the Commanding Officer, U.S. Coast Guard Group Mobile or his 
designated representative.

    Dated: March 11, 2004.
Michael B. White,
Chief, Operations , Directorate of Civil Works.
[FR Doc. 04-8603 Filed 4-15-04; 8:45 am]
BILLING CODE 3710-92-P