[Federal Register Volume 69, Number 145 (Thursday, July 29, 2004)]
[Rules and Regulations]
[Pages 45258-45259]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-17263]


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DEPARTMENT OF DEFENSE

Department of the Army; Corps of Engineers

33 CFR Part 334


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

AGENCY: U.S. Army Corps of Engineers, DoD.

ACTION: Final rule.

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[[Page 45259]]

SUMMARY: The U.S. Army Corps of Engineers is amending its regulations 
to establish a 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 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: Effective August 30, 2004.

ADDRESSES: U.S. Army Corps of Engineers, ATTN: CECW-OR, 441 G Street, 
NW., Washington, DC 20314-1000.

FOR FURTHER INFORMATION CONTACT: Ms. Joanne M. Barry, Headquarters 
Regulatory Branch at (202) 761-7763 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 is amending the Restricted Area 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. In addition to the publication 
of the proposed rule, the Mobile District Engineer published public 
notices dated 18 July 2003 and 20 April 2004. No objections to 
establishment of the final Restricted Area were received.

Procedural Requirements

A. Review Under Executive Order 12866

    This rule is issued with respect to security and safety functions 
of the U.S. Coast Guard and the provisions of Executive Order 12866 do 
not apply.

B. Review Under the Regulatory Flexibility Act

    This 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 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 an Environmental Assessment (EA) 
for this action. We have concluded that this action will not have a 
significant impact on the human environment, and preparation of an 
Environmental Impact Statement (EIS) is not required. The EA will be 
available for review at the Mobile District office listed at the end of 
the FOR FURTHER INFORMATION CONTACT paragraph above.

D. Unfunded Mandates Act

    This 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.

E. Submission to Congress and the General Accounting Office

    Pursuant to Section 801(a)(1)(A) of the Administrative Procedure 
Act, as amended by the Small Business Regulatory Enforcement Fairness 
Act of 1996, the Army has submitted a report containing this rule to 
the U.S. Senate, the U.S. House of Representatives, and the Comptroller 
General of the General Accounting Office. This rule is not a major rule 
within the meaning of Section 804(2) of the Administrative Procedure 
Act, as amended.

List of Subjects in 33 CFR Part 334

    Danger zones, Marine safety, Navigation (water), Restricted areas, 
Waterways.


0
For the reasons set out in the preamble, we are amending 33 CFR Part 
334 to read 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).


0
2. Section 334.783 is added to read as follows:


Sec.  334.783  Arlington Channel, U.S. Coast Guard Base Mobile, Mobile, 
Alabama, Coast Guard 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[deg][deg] N., longitude 088'-03[deg]-17'' W.
    (b) The regulations. 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: July 21, 2004.
Michael B. White,
Chief, Operations Division, Directorate of Civil Works.
[FR Doc. 04-17263 Filed 7-28-04; 8:45 am]
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