[Federal Register Volume 76, Number 232 (Friday, December 2, 2011)]
[Proposed Rules]
[Pages 75508-75509]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-31018]


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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 Maine Detachment 
Mobile at AUSTAL, USA, Mobile, AL; Restricted Area

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 amend 
an existing restricted area to reflect changes in responsible parties 
for the restricted area around the AUSTAL, USA shipbuilding facility 
located in Mobile, Alabama. The Supervisor of Shipbuilding, Conversion 
and Repair, United States Navy (USN), Gulf Coast (SUPSHIP Gulf Coast) 
assumed the duties of administering new construction contracts at 
AUSTAL USA in Mobile, Alabama, on October 9, 2011, replacing Supervisor 
of Shipbuilding, Conversion, and Repair, USN, Bath (SUPSHIP Bath). 
Therefore, the Department of the Navy has requested an amendment to the 
regulation to reflect the change in responsible parties. There are no 
other changes proposed for this restricted area.

DATES: Written comments must be submitted on or before January 3, 2012.

ADDRESSES: You may submit comments, identified by docket number COE-
2011-0034, by any of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
    Email: [email protected]. Include the docket number COE-
2011-0034 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-2011-0034. 
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 
email. 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 email 
directly to the Corps without going through regulations.gov, your email 
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

[[Page 75509]]

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.

FOR FURTHER INFORMATION CONTACT: Mr. David Olson, Headquarters, 
Operations and Regulatory Community of Practice, Washington, DC at 
(202) 761-4922 or Mr. Donald E. Mroczko, U.S. Army Corps of Engineers, 
Mobile District, at (251) 690-3185.

SUPPLEMENTARY INFORMATION: The Supervisor of Shipbuilding, Conversion 
and Repair (SUPERVISOR), USN, Gulf Coast (SUPSHIP Gulf Coast) assumed 
the duties of administering new construction contracts at AUSTAL USA in 
Mobile, Alabama, on October 9, 2011, replacing Supervisor of 
Shipbuilding, Conversion, and Repair, USN, Bath (SUPSHIP Bath). The 
SUPERVISOR 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 or her charge. As 
such, the restricted area was established on September 22, 2009 (see 74 
FR 48151). There are no proposed changes to the boundaries of the 
restricted area.
    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 
regulation at 33 CFR 334.782 by changing the responsible party from 
SUPSHIP Bath to SUPSHIP Gulf Coast.

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 rule would have practically no impact on the 
public or result in any anticipated navigational hazard or interference 
with existing waterway traffic. This proposed rule, if adopted, will 
not have a 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 section, above.
    d. Unfunded Mandates Act. The 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 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. Revise paragraphs (b) and (c) of Sec.  334.782 to read as 
follows:


Sec.  334.782  SUPSHIP Gulf Coast, Pascagoula, MS Detachment Mobile, AL 
at AUSTAL, USA, Mobile, AL; restricted area.

* * * * *
    (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, Gulf Coast, Pascagoula, MS or 
his/her authorized representative.
    (2) The restricted area is in effect twenty four hours per day and 
seven days a week (24/7).
    (3) Should warranted access into the restricted navigation area be 
needed, all entities are to contact the Supervisor of Shipbuilding, 
Conversion and Repair, USN, Gulf Coast, Pascagoula, MS, or his/her 
authorized representative on Marine Communication Channel 16.
    (c) Enforcement: The regulation in this section shall be enforced 
by the Supervisor of Shipbuilding, Conversion and Repair, USN, Gulf 
Coast, Pascagoula, MS and/or such agencies or persons as he/she may 
designate.

    Dated: November 29, 2011.
Michael G. Ensch,
Chief, Operations and Regulatory Directorate of Civil Works.
[FR Doc. 2011-31018 Filed 12-1-11; 8:45 am]
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