[Federal Register Volume 73, Number 114 (Thursday, June 12, 2008)]
[Proposed Rules]
[Pages 33344-33345]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-13283]


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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: [email protected]. 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]
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