[Federal Register Volume 81, Number 241 (Thursday, December 15, 2016)]
[Rules and Regulations]
[Pages 90722-90723]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30015]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 334


United States Navy Restricted Area, SUPSHIP USN, Gulf Coast, 
Pascagoula, Mississippi

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 establishing a 
restricted area around the Huntington Ingalls Incorporated/Ingalls 
Shipbuilding and Dry Dock (HII) facility located in Pascagoula 
Mississippi, because of the sensitive nature of the on-going and 
potential future activities at that facility. The Supervisor of 
Shipbuilding, Conversion and Repair, Gulf Coast, located in Pascagoula, 
Mississippi is responsible for United States Navy shipbuilding 
activities at the HII facility, USA located in Pascagoula, Mississippi. 
The restricted area will be used for on-going construction when vessels 
are placed in the water. The 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: Effective date: January 17, 2017.

FOR FURTHER INFORMATION CONTACT: Mr. David Olson, Headquarters, 
Operations and Regulatory Community of Practice, Washington, DC at 202-
761-4922, or Mr. Philip Hegji, Corps of Engineers, Mobile District, 
Regulatory Division, at 251-690-3222 or by email at 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    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 of 
Engineers is establishing a restricted area around the Huntington 
Ingalls Incorporated/Ingalls Shipbuilding and Dry Dock (HII) facility 
located in Pascagoula Mississippi, due to the sensitive nature of the 
on-going and potential future activities at that facility.
    The proposed rule was published in the August 18, 2014 issue of the 
Federal Register (79 FR 48716; docket number COE-2014-0008). Comments 
were received from one commenter in response to the Federal Register 
document and the Corps of Engineers Mobile District's local public 
notice. The commenter objected to the size of the restricted area. The 
commenter was concerned that depending on the size/configuration of 
vessels in the navigational channel and river conditions some vessels 
might end up operating within the outer limits of the restricted area.
    HII amended the restricted area to a smaller more easily avoided 
configuration.

Procedural Requirements

a. Review Under Executive Order 12866

    This final 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 final rule has been reviewed under the Regulatory Flexibility 
Act (Pub. L. 96-354). The Regulatory Flexibility Act generally requires 
an agency to prepare a regulatory flexibility analysis of any rule 
subject to notice-and-comment rulemaking requirements under the 
Administrative Procedure Act or any other statute unless the agency 
certifies that the rule will not have a significant economic impact on 
a substantial number of small entities (i.e., small businesses and 
small governments). The restricted area is necessary for security of 
this shipbuilding and dry dock facility. Small entities can utilize 
navigable waters outside of the restricted area. After considering the 
economic impacts of this final restricted area regulation on small 
entities, I certify that this action will not have a significant impact 
on a substantial number of small entities.

c. Review Under the National Environmental Policy Act

    Due to the administrative nature of this action and because there 
is no intended change in the use of the area, the Corps determined that 
this amendment to the regulation 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 was prepared after the public notice period closed and all 
comments received from the public were considered. The environmental 
assessment may be viewed 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, it is not a Federal private sector 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 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 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).

0
2. Add Sec.  334.781 to read as follows:


Sec.  334.781  Supervisor of Shipbuilding, Conversion and Repair Gulf 
Coast, Pascagoula, Mississippi; naval restricted area.

    (a) The area. The datum for all coordinates is in NAD83 in 
accordance with 33 CFR 334.6. 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 the Huntington Ingalls 
Incorporated/Ingalls Shipbuilding and Dry Dock (HII) facility and the 
mean high water level within an area contained in an ``L'' shaped area 
bounded by the shore on the west and north ends of the area and bounded 
by buoys on the east and south sides of the area starting at: Latitude 
N. 30[deg]21.13' longitude W. 88[deg]34.13', thence to Latitude N. 
30[deg]21.08' longitude W. 88[deg]34.13', thence to Latitude N. 
30[deg]21.03' longitude W. 88[deg]34.13', thence to Latitude N. 
30[deg]20.98' longitude W. 88[deg]34.13', thence to Latitude N. 
30[deg]20.93' longitude W. 88[deg]34.13', thence to Latitude N. 
30[deg]20.88', longitude W. 88[deg]34.13', thence to Latitude N. 
30[deg]20.83' longitude W. 88[deg]34.13', thence

[[Page 90723]]

to Latitude N. 30[deg]20.78' longitude W. 88[deg]34.13', thence to 
Latitude N. 30[deg]20.73' longitude W. 88[deg]34.13', thence to 
Latitude N. 30[deg]20.68' longitude W. 88[deg]34.13', thence to 
Latitude N. 30[deg]20.63' longitude W. 88[deg]34.13', thence to 
Latitude N. 30[deg]20.64' longitude W. 88[deg]34.10', thence to 
Latitude N. 30[deg]20.64' longitude W. 88[deg]34.25', thence to 
Latitude N. 30[deg]20.64' longitude W. 88[deg]34.33', thence to 
Latitude N. 30[deg]20.64' longitude W. 88[deg]34.41', thence to 
Latitude N. 30[deg]20.59' longitude W. 88[deg]34.47', thence to 
Latitude N. 30[deg]20.59' longitude W. 88[deg]34.51', thence to 
Latitude N. 30[deg]20.59' longitude W. 88[deg]34.57', thence to 
Latitude N. 30[deg]20.59' longitude W. 88[deg]34.63', thence to 
Latitude N. 30[deg]20.59' longitude W. 88[deg]34.70', thence to 
Latitude N. 30[deg]20.64' longitude W. 88[deg]34.75', thence to 
Latitude N. 30[deg]20.64' longitude W. 88[deg]34.82', thence to 
Latitude N. 30[deg]20.64' longitude W. 88[deg]34.87', thence to 
Latitude N. 30[deg]20.71' longitude W. 88[deg]34.87'. The datum for 
these coordinates is WGS84.
    (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, Gulfcoast 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, 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 and/or such agencies or persons as he/she may designate.

    Dated: December 1, 2016.
Susan S. Whittington,
Chief, Operations and Regulatory Division, Directorate of Civil Works.
[FR Doc. 2016-30015 Filed 12-14-16; 8:45 am]
BILLING CODE 3720-58-P