75508 Federal Register / Vol. 76, No. 232 / Friday, December 2, 2011 / Proposed Rules 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

Environment 

We have analyzed this proposed rule 

under Department of Homeland 

Security Management Directive 023–01, 

and Commandant Instruction 

M16475.lD which guides the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have made a preliminary determination 

that this action is one of a category of 

actions which do not individually or 

cumulatively have a significant effect on 

the human environment because it 

simply promulgates the operating 

regulations or procedures for 

drawbridges. We seek any comments or 

information that may lead to the 

discovery of a significant environmental 

impact from this proposed rule. 

List of Subjects in 33 CFR Part 117 

Bridges. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 117 as follows: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; 33 CFR 1.05–1; 

Department of Homeland Security Delegation 

No. 0170.1. 

2. Section 117.451(b) is revised to 

read as follows: 

§ 117.451 Gulf Intracoastal Waterway. 

* * * * * 

(b) The draw of the SR 23 Bridge, 

Algiers Alternate Route, mile 3.8 at 

Belle Chasse, shall open on signal; 

except that from 6:30 a.m. until 8 p.m. 

Monday through Friday, the draw need 

only open on the hour for the passage 

of vessels. The draw need not open at 

7 a.m., 8 a.m., 4 p.m. and 5 p.m. 

Monday through Friday excluding 

Federal holidays. 

* * * * * 

Dated: November 3, 2011. 

Roy A. Nash, 

Rear Admiral, U.S. Coast Guard, Commander, 

Eighth Coast Guard District. 

[FR Doc. 2011–30637 Filed 12–1–11; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF DEFENSE 

Department of the Army, Corps of 

Engineers 

33 CFR Part 334 

United States Navy Restricted Area, 

SUPSHIP Bath Maine Detachment 

Mobile at AUSTAL, USA, Mobile, AL; 

Restricted Area 

AGENCY: U.S. Army Corps of Engineers, 

DoD. 

ACTION: Notice of proposed rulemaking 

and request for comments. 

SUMMARY: The U.S. Army Corps of 

Engineers (Corps) is proposing to amend 

an existing restricted area to reflect 

changes in responsible parties for the 

restricted area 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, Alabama, on October 9, 2011, 

replacing Supervisor of Shipbuilding, 

Conversion, and Repair, USN, Bath 

(SUPSHIP Bath). Therefore, the 

Department of the Navy has requested 

an amendment to the regulation to 

reflect the change in responsible parties. 

There are no other changes proposed for 

this restricted area. 

DATES: Written comments must be 

submitted on or before January 3, 2012. 

ADDRESSES: You may submit comments, 

identified by docket number COE– 

2011–0034, 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–2011– 

0034 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–2011–0034. 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 http:// 

www.regulations.gov. All documents in 

the docket are listed. Although listed in 

the index, some information is not 


srobinson on DSK4SPTVN1PROD with PROPOSALS
Federal Register / Vol. 76, No. 232 / Friday, December 2, 2011 / Proposed Rules 75509 

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. 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, Alabama, on October 9, 2011, 

replacing 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 proposed changes to the 

boundaries of the restricted area. 

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 

proposing to amend the regulation at 

33 CFR 334.782 by changing the 

responsible party from SUPSHIP Bath to 

SUPSHIP Gulf Coast. 

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 (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). Unless information is 

obtained to the contrary during the 

public notice comment period, the 

Corps expects that the economic impact 

of the proposed rule would have 

practically no impact on the public or 

result in any anticipated navigational 

hazard or interference with existing 

waterway traffic. This proposed rule, if 

adopted, will not have a 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 section, 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 (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 

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 

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). 

2. Revise paragraphs (b) and (c) of 

§ 334.782 to read as follows: 

§ 334.782 SUPSHIP Gulf Coast, 

Pascagoula, MS Detachment Mobile, AL at 

AUSTAL, USA, Mobile, AL; 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 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, Pascagoula, MS 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, MS, 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, MS and/or such agencies or 

persons as he/she may designate. 

Dated: November 29, 2011. 

Michael G. Ensch, 

Chief, Operations and Regulatory Directorate 

of Civil Works. 

[FR Doc. 2011–31018 Filed 12–1–11; 8:45 am] 

BILLING CODE 3720–58–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 17 

RIN 2900–AO03 

Autopsies at VA Expense 

AGENCY: Department of Veterans Affairs. 

ACTION: Proposed rule. 

SUMMARY: The Department of Veterans 

Affairs (VA) proposes to amend its 

regulation that governs the performance 

of autopsies on veterans. The proposed 

rule would correct a cross-reference to 

VA regulations that authorize certain 

outpatient and ambulatory care. The 

proposed rule would also clarify that 

consent for an autopsy will be implied 

if 6 months has passed since the 

decedent’s death and there are no 

objections from the decedent’s surviving 

spouse or next of kin. The proposed rule 

would also modify current regulations 

to make the laws of the jurisdiction in 

which the autopsy will be performed 

the controlling laws for purposes of 

determining who has authority to grant 

permission for the autopsy. The 

proposed rule would also clarify the 

authorized purposes of a VA autopsy. 

Lastly, the proposed rule would clarify 

that the authority to order an autopsy 

includes transporting the body at VA’s 

expense to the autopsy facility. 

DATES: Comments must be received by 

VA on or before January 31, 2012. 

ADDRESSES: Written comments may be 

submitted through www.regulations.gov; 

by mail or hand-delivery to the Director, 

Regulations Management (02REG), 

Department of Veterans Affairs, 810 

Vermont Avenue NW., Room 1068, 


srobinson on DSK4SPTVN1PROD with PROPOSALS