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[Federal Register Volume 79, Number 159 (Monday, August 18, 2014)]
[Proposed Rules]
[Pages 48716-48717]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-19385]

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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 334

United States Navy Restricted Area, Supervisor of Shipbuilding, 
Conversion and Repair, USN, Gulf Coast, Pascagoula, Mississippi

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 
establish 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 proposed restricted area will be used for on-going construction 
when vessels are placed in the water. The proposed 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: Written comments must be submitted on or before September 17, 
2014.

ADDRESS:  You may submit comments, identified by docket number COE-
2014-0008, by any of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
    Email: david.b.olson@usace.army.mil. Include the docket number COE-
2014-0008 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-2014-0008. 
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 www.regulations.gov. All documents in the 
docket are listed. Although listed in the index, some information is 
not 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. Philip A. Hegji, U.S. Army Corps of Engineers, Mobile 
District, at 251-690-3222.

SUPPLEMENTARY INFORMATION: The Supervisor of Shipbuilding, Conversion 
and Repair, Gulf Coast, located in Pascagoula, Mississippi is 
responsible for United States Navy shipbuilding activities at HII 
located in Pascagoula, Mississippi. 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.
    In response to a request by the United States Navy, and pursuant to 
its authorities in Section 7 of the Rivers

[[Page 48717]]

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 regulations in 33 CFR Part 334 by 
establishing a new restricted area.

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 (Public Law 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 restricted area would have 
practically no impact on the public, any anticipated navigational 
hazard or interference with existing waterway traffic. This proposed 
rule, if adopted, will have no 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, 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 (Public Laws 
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

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  Huntington Ingalls Incorporated/Ingalls Shipbuilding and 
Dry Dock (HII)/Supervisor of Shipbuilding, Conversion and Repair 
(SUPSHIP), Gulf Coast, Pascagoula, Mississippi; Naval Restricted Area.

    (a) The area. The datum for all coordinates is in NAD83 in 
accordance with Sec.  334.6. The restricted area shall encompass all 
navigable waters of the United States, as defined at part 329 of this 
chapter, contiguous to the area identified as HII 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]34.09', thence to latitude N 
30[deg]21.08' longitude W 88[deg]34.09', thence to latitude N 
30[deg]21.03' longitude W 88[deg]34.09', thence to latitude N 
30[deg]20.98' longitude W 88[deg]34'.09', thence to latitude N 
30[deg]20.93' longitude W 88[deg]34.09', thence to latitude N 
30[deg]20.89, longitude W 88[deg]34.09', thence to latitude N 
30[deg]20.83' longitude W 88[deg]34.09', thence to latitude N 
30[deg]20.78' longitude W 88[deg]34.09', thence to latitude N 
30[deg]20.73' longitude W 88[deg]34.09', thence to latitude N 
30[deg]20.68' longitude W 88[deg]34.09', thence to latitude N 
30[deg]20.63' longitude W 88[deg]34.09', thence to latitude N 
30[deg]20.63' longitude W 88[deg]34.18', thence to latitude N 
30[deg]20.63' longitude W 88[deg]34.25', thence to latitude N 
30[deg]20.63' longitude W 88[deg]34.33', thence to latitude N 
30[deg]20.63' longitude W 88[deg]34.40', thence to latitude N 
30[deg]20.59' longitude W 88[deg]34.46', 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]20.63' longitude W 88[deg]34.75', thence to latitude N 
30[deg]20.63' longitude W 88[deg]34.82', thence to latitude N 
30[deg]20.63' longitude W 88[deg]34.87', thence to latitude N 
30[deg]20.70' longitude W 88[deg]34.87'.
    (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 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: August 11, 2014.
James R. Hannon,
Chief, Operations and Regulatory, Directorate of Civil Works.
[FR Doc. 2014-19385 Filed 8-15-14; 8:45 am]
BILLING CODE 3720-58-P
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