[Federal Register Volume 77, Number 140 (Friday, July 20, 2012)]
[Rules and Regulations]
[Pages 42653-42654]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-17780]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 334


United States Navy Restricted Area, SUPSHIP Gulf Coast Detachment 
Mobile at AUSTAL, USA, Mobile, AL; Restricted Area

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

ACTION: Final rule.

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SUMMARY: The U.S. Army Corps of Engineers (Corps) is amending an 
existing restricted area to reflect changes in responsible parties for 
the restricted area established 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, AL, on October 9, 2011, replacing 
the Supervisor of Shipbuilding, Conversion, and Repair, USN, Bath 
(SUPSHIP Bath). The Department of the Navy requested an amendment to 
the regulation to reflect the change in responsible parties. There are 
no other changes for this restricted area regulation.

DATES: Effective date: August 20, 2012.

ADDRESSES: U.S. Army Corps of Engineers, Attn: CECW-CO (David Olson), 
441 G Street NW., Washington, DC 20314-1000.

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, AL, on October 9, 2011, replacing the 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 changes to the limits of the restricted area.
    The proposed rule was published in the December 2, 2011, edition of 
the Federal Register (76 FR 75508) and the regulations.gov docket 
number was COE-2011-0034. In response to the proposal, one comment was 
received. The commenter stated that the proposed rule will have no 
effect on historic properties.
    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 amending 33 CFR 
334.782 by changing the responsible party from SUPSHIP Bath to SUPSHIP 
Gulf Coast.

Administrative Requirements

    a. Review Under Executive Order 12866. This 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. The 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 determined that the restricted area amendment 
will have practically no economic impact on the public, no anticipated 
navigational hazard, and no interference with existing waterway 
traffic. This rule will have no significant economic impact on small 
entities.
    c. Review Under the National Environmental Policy Act. This rule 
will not have a significant impact to the quality of the human 
environment and, therefore, preparation of an environmental impact 
statement is not required. An environmental assessment has been 
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. This rule does not impose an enforceable 
duty among the private sector and, therefore, 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 rule.

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 amends 33 CFR 
part 334 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. 226 (33 U.S.C. 1) and 40 Stat. 892 (33 
U.S.C. 3).


0
2. Revise the section heading and paragraphs (b) and (c) of Sec.  
334.782 to read as follows:


Sec.  334.782  SUPSHIP Gulf Coast, Pascagoula, Mississippi, Detachment 
Mobile, Alabama at AUSTAL, USA, Mobile, Alabama; 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 U.S. 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, Mississippi or his/
her authorized representative.

[[Page 42654]]

    (2) The restricted area is in effect twenty four hours per day and 
seven days a week.
    (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, Mississippi, 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, Mississippi, and/or such agencies or persons as he/
she may designate.

    Dated: July 16, 2012.
Richard C. Lockwood,
Chief, Operations and Regulatory, Directorate of Civil Works.
[FR Doc. 2012-17780 Filed 7-19-12; 8:45 am]
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