42652 Federal Register / Vol. 77, No. 140 / Friday, July 20, 2012 / Rules and Regulations 

DEPARTMENT OF DEFENSE 

Department of the Army, Corps of 

Engineers 

33 CFR Part 334 

Meloy Channel, U.S. Coast Guard Base 

Miami Beach, FL; Restricted Area 

AGENCY: United States Army Corps of 

Engineers, Department of Defense. 

ACTION: Final rule. 

SUMMARY: The U.S. Army Corps of 

Engineers (Corps) is amending the 

regulations at 33 CFR part 334 to 

establish a new restricted area in the 

waters surrounding the U.S. Coast 

Guard Base Miami Beach, Florida (Base 

Miami Beach). Base Miami Beach is 

composed of multiple U.S. Coast Guard 

(USCG) units, both land and waterside. 

The facility has one of the highest 

operational tempos in the USCG for 

both routine and emergency operations. 

The amendment to the regulations is 

necessary to enhance the USCG’s ability 

to secure their shoreline to counter 

postulated threats against their 

personnel, equipment, cutters, and 

facilities by providing stand-off 

corridors encompassing the waters 

immediately contiguous to Base Miami 

Beach. The amendment will also serve 

to protect the general public from injury 

or property damage during routine and 

emergency USCG operations and 

provide an explosive safety arc buffer 

during periodic transfer of ammunitions 

between units, including cutters. 

DATES: Effective date: August 20, 2012. 

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. 

Jon M. Griffin, U.S. Army Corps of 

Engineers, Jacksonville District, 

Regulatory Division, at 904–232–1680. 

SUPPLEMENTARY INFORMATION: 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 the regulation at 33 CFR part 

334 by establishing a new restricted area 

in the waters near Meloy Channel, 

Government Cut Channel, and Miami 

Main Channel surrounding Base Miami 

Beach. The amendment to the regulation 

is described below. 

The proposed rule was published in 

the May 3, 2012, issue of the Federal 

Register (77 FR 26229), and its 

regulations.gov docket number is COE– 

2012–0009. No comments were received 

in response to the proposed rule. 

The amendment to this regulation 

will allow the Commander, U.S. Coast 

Guard Base Miami Beach to restrict 

passage of persons, watercraft, and 

vessels in waters contiguous to this 

Command, thereby increasing the ability 

to protect the facilities and personnel at 

Base Miami Beach from potential 

threats. The amendment will also 

provide a measure of protection to the 

public by reducing the potential for 

injury or property damage during 

routine and emergency USCG 

operations at the facilities and by 

providing a permanent explosive safety 

arc during the transfer of ammunition 

between cutters. 

Procedural Requirements 

a. Review Under Executive Order 

12866. This regulation 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 regulation 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 this regulation would have 

practically no economic impact on the 

public nor would it result in any 

anticipated navigational hazard or 

interference with existing waterway 

traffic. This regulation 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 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 

regulation 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 

regulation. 

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 is amending 33 

CFR part 334 as follows: 

PART 334—DANGER ZONE AND 

RESTRICTED AREA REGULATIONS 

■ 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). 

■ 2. Add § 334.605 to read as follows: 

§ 334.605 Meloy Channel, U.S. Coast 

Guard Base Miami Beach, Florida; 

restricted area. 

(a) The area. The restricted area shall 

encompass all navigable waters of the 

United States as defined at 33 CFR part 

329, within the area bounded by a line 

connecting the following coordinates: 

Commencing from the shoreline at 

latitude 25°46′20.07′′ N, longitude 

080°08′50.94′′ W; thence to latitude 

25°46′22.69′′ N, longitude 080°08′44.01′′ 

W; thence to latitude 25°46′22.02′′ N, 

longitude 080°08′42.14′′ W; thence to 

latitude 25°46′12.23′′ N, longitude 

080°08’35.33′′ W; thence to latitude 

25°46′ 09.13′′ N, longitude 080°08′40.74′′ 

W; thence to latitude 25°46’11.63′′ N, 

longitude 080°08’43.36′′ W; thence to 

latitude 25°46′17.22′′ N, longitude 

080°08′47.17′′ W; thence to latitude 

25°46′17.15′′ N, longitude 080°08′47.62′′ 

W; thence to latitude 25°46′17.63′′ N, 

longitude 080°08′49.33′′ W; thence to 

latitude 25°46′18.91′′ N, longitude 

080°08′50.24′′ W; thence proceed 

directly to a point on the shoreline at 

latitude 25°46′18.76′′ N, longitude 

080°08′50.71′′ W thence following the 

mean high water line to the point of 

beginning. 

(b) The regulations. (1) The restricted 

area described in paragraph (a) of this 

section is only open to U.S. Government 

vessels. U.S. Government vessels 

include, but are not limited to, U.S. 

Coast Guard and Coast Guard Auxiliary 

vessels, Department of Defense vessels, 

state and local law enforcement and 

emergency services vessels, and vessels 

under contract with the U.S. 

Government. Warning signs notifying 

individuals of the restricted area 

boundary and prohibiting all 

unauthorized entry into the area will be 

posted along the property boundary 

and, as appropriate, on the piers of the 

MacArthur Causeway Bridge adjacent to 

the restricted area. 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 140 / Friday, July 20, 2012 / Rules and Regulations 42653 

(2) All persons, vessels, and other 

craft are prohibited from entering, 

transiting, drifting, dredging, or 

anchoring within the restricted area 

described in paragraph (a) of this 

section without prior approval from the 

Base Commander, U.S. Coast Guard 

Base Miami Beach or his/her designated 

representative. 

(3) Fishing, trawling, net-fishing, and 

other aquatic activities are prohibited in 

the restricted area without prior 

approval from the Base Commander, 

U.S. Coast Guard Base Miami Beach or 

his/her designated representative. 

(4) The restrictions described in 

paragraph (b) of this section are in effect 

24 hours a day, 7 days a week. 

(c) Enforcement. The regulations in 

this section shall be enforced by the 

Base Commander, U.S. Coast Guard 

Base Miami Beach and/or such persons 

or agencies as he/she may designate. 

Dated: July 16, 2012. 

Richard C. Lockwood, 

Chief, Operations and Regulatory, Directorate 

of Civil Works. 

[FR Doc. 2012–17771 Filed 7–19–12; 8:45 am] 

BILLING CODE 3720–58–P 

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. 

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 

■ 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). 

■ 2. Revise the section heading and 

paragraphs (b) and (c) of § 334.782 to 

read as follows: 

§ 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. 


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