[Federal Register Volume 74, Number 182 (Tuesday, September 22, 2009)]
[Rules and Regulations]
[Pages 48151-48153]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-22825]


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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, Department of Defense.

ACTION: Final rule.

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SUMMARY: The U.S. Army Corps of Engineers (Corps) is adding regulations 
to establish a restricted area around the AUSTAL, USA shipbuilding 
facility located in Mobile, Alabama, because of

[[Page 48152]]

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 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: October 22, 2009.

ADDRESSES: U.S. Army Corps of Engineers, Attn: CECW-CO (David B. 
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. Damon M. Young, U.S. Army Corps of Engineers, Mobile 
District, Regulatory Division, at 251-694-3781.

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 the AUSTAL, USA shipbuilding facility in Mobile, 
Alabama. As of April 2008, the first ship has been launched and placed 
pier side of the facility. The proponent will be required to place 
marker buoys outlining safe navigation around the restricted area in 
accordance with USCG regulations.
    The proposed rule was published in the June 12, 2008 edition of the 
Federal Register (73 FR 33344) and the docket number was COE-2008-0014. 
In response to the proposal several comments were received.
    Three commenters stated that they have no objection to the 
establishment of the restricted area. Several commenters expressed 
concern that the buoys marking the restricted area would interfere with 
navigation, especially for adjoining property owners, and one commenter 
requested that a floating petroleum barrier be installed along the 
east-west leg to the south end of the restricted area.
    To resolve these concerns, one of the marking buoys will not be 
installed. Instead, a petroleum barrier that can be more easily removed 
will be used in place of a marking buoy, which will allow for access by 
the adjoining property owners when warranted. We have also added 
paragraph (b)(3) to this rule to provide a process whereby entities can 
request access to the restricted area by contacting the Supervisor of 
Shipbuilding, Conversion and Repair, USN, Bath, Maine, or his/her 
authorized representative on Marine Communication Channel 16.
    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 Part 
334 to establish a new restricted area in the Mobile River.

Procedural Requirements

    a. Review Under Executive Order 12866. This 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. 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 economic impact of the new 
restricted area would have practically minimal to no impact on the 
public, and will not result in any anticipated navigational hazard or 
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 
regulation 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 has 
been prepared. It may be reviewed at the district office listed at the 
end of FOR FURTHER INFORMATION CONTACT above.
    d. Unfunded Mandates Act. This 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 rule.

List of Subjects in 33 CFR Part 334

    Danger zones, Navigation (water), Restricted areas, Waterways.

0
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. 266 (33 U.S.C. 1) and 40 Stat. 892 (33 
U.S.C. 3).


0
2. Add Sec.  334.782 to read as follows:


Sec.  334.782  SUPSHIP Bath Maine Detachment Mobile at AUSTAL, USA, 
Mobile, AL; restricted area.

    (a) The area. The restricted area would 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).
    (3) Should warranted access into the restricted navigation area be 
needed, all entities are to contact the Supervisor of Shipbuilding, 
Conversion and Repair, USN, Bath, Maine, 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, Bath, 
Maine, and/or such agencies or persons as he/she may designate.


[[Page 48153]]


    Dated: September 17, 2009.
Michael G. Ensch,
Chief, Operations, Directorate of Civil Works.
[FR Doc. E9-22825 Filed 9-21-09; 8:45 am]
BILLING CODE 3710-92-P