[Federal Register Volume 73, Number 77 (Monday, April 21, 2008)]
[Proposed Rules]
[Pages 21296-21297]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-8525]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 334


United States Navy Restricted Area, Menominee River, Marinette 
Marine Corporation Shipyard, Marinette, WI

AGENCY: United States Army Corps of Engineers, DoD.

ACTION: Notice of proposed rulemaking and request for comments.

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SUMMARY: The Corps of Engineers is proposing to amend its regulations 
to establish a restricted area in the Menominee River, at the Marinette 
Marine Corporation Shipyard, Marinette, Wisconsin, to provide adequate 
protection for the Littoral Combat Ship (LCS Freedom 1) during its 
construction. The regulations are necessary to provide adequate 
protection of the ship, its materials, equipment to be installed 
therein, and its crew, while it is located at the property of Marinette 
Marine Corporation.

DATES: Written comments must be submitted on or before May 21, 2008.

ADDRESSES: You may submit comments, identified by docket number COE-
2007-0033, by any of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
    E-mail: [email protected]. Include the docket number, 
COE-2007-0033, 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-2007-0033. 
All comments received will be included in the public docket without 
change and may be made available on-line at http://www.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 http://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

[[Page 21297]]

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. Jon K. Ahlness, Corps of Engineers, St. Paul 
District, Regulatory Branch, at (651) 290-5381.

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 Appropriations Act of 1919 (40 Stat. 892; 33 
U.S.C. 3), the Corps proposes to amend the restricted area regulations 
at 33 CFR part 334 by adding Sec.  334.815 to establish a restricted 
area in the Menominee River, at the Marinette Marine Corporation 
Shipyard, Marinette, Wisconsin, to provide adequate protection for the 
Littoral Combat Ship (LCS Freedom 1) during its construction. By 
correspondence dated July 27, 2006, Marinette Marine Corporation, on 
behalf of the Department of the Navy, requested that the Corps of 
Engineers establish this restricted area.

Procedural Requirements

a. Review Under Executive Order 12866

    This proposed rule is issued with respect to a military function of 
the Department of Defense 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 this restricted area would have practically no 
economic impact on the public, and no 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

    Due to the administrative nature of this action and because the 
intended change will only impact waters a distance of 100 feet from 
Marinette Marine Corporation's pier (an area of approximately 2.81 
acres), the Corps expects that this regulation, if adopted, 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. It may be reviewed at the District office listed at the end 
of the FOR FURTHER INFORMATION CONTACT, above.

d. Unfunded Mandates Act

    This proposed rule does not impose an enforceable duty among the 
private sector and, therefore, it is not a Federal private section 
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 stated 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.  334.815 to read as follows:


Sec.  334.815  Menominee River, at the Marinette Marine Corporation 
Shipyard, Marinette, Wisconsin; naval restricted area.

    (a) The area. The waters 100 feet from Marinette Marine 
Corporation's pier defined by a rectangular shaped area on the south 
side of the river beginning on shore at the eastern property line of 
Marinette Marine Corporation at latitude 45[deg]5'58.8'' N., longitude 
087[deg]36'56.0'' W.; thence northerly to latitude 45[deg]5'59.7'' N., 
longitude 087[deg]36'55.6'' W.; thence westerly to latitude 
45[deg]6'3.2'' N., longitude 087[deg]37'9.6'' W.; thence southerly to 
latitude 45[deg]6'2.2'' N., longitude 087[deg]37'10.0'' W.; thence 
easterly along the Marinette Marine Corporation pier to the point of 
origin. The restricted area will be marked by a lighted and signed 
floating boat barrier.
    (b) The regulation. 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, USN Marinette or his authorized representative.
    (c) Enforcement. The regulation in this section, promulgated by the 
United States Army Corps of Engineers, shall be enforced by the 
Supervisor of Shipbuilding, United States Navy and/or such agencies or 
persons as he/she may designate.

    Dated: April 14, 2008.
Michael G. Ensch,
Chief, Operations, Directorate of Civil Works.
 [FR Doc. E8-8525 Filed 4-18-08; 8:45 am]
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