[Federal Register: July 29, 2004 (Volume 69, Number 145)]
[Rules and Regulations]
[Page 45258-45259]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29jy04-14]
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DEPARTMENT OF DEFENSE
Department of the Army; Corps of Engineers
33 CFR Part 334
United States Coast Guard Restricted Area, Coast Guard Base
Mobile, AL
AGENCY: U.S. Army Corps of Engineers, DoD.
ACTION: Final rule.
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[[Page 45259]]
SUMMARY: The U.S. Army Corps of Engineers is amending its regulations
to establish a Restricted Area in the waters of Arlington Channel
surrounding the U.S. Coast Guard Base Mobile Docks at Mobile, Alabama.
The designation would ensure public safety and satisfy the security,
safety, and operational requirements as they pertain to vessels at
Coast Guard Base Mobile, by establishing an area into which
unauthorized vessels and persons may not enter.
DATES: Effective August 30, 2004.
ADDRESSES: U.S. Army Corps of Engineers, ATTN: CECW-OR, 441 G Street,
NW., Washington, DC 20314-1000.
FOR FURTHER INFORMATION CONTACT: Ms. Joanne M. Barry, Headquarters
Regulatory Branch at (202) 761-7763 or Mr. John B. McFadyen, Corps
Mobile District, at (251) 690-3261.
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 Appropriation Act of 1919 (40 Stat.892; 33
U.S.C. 3) the Corps is amending the Restricted Area regulations in 33
CFR Part 334 by establishing a new Restricted Area at 334.783, in the
waters of Arlington Channel surrounding U.S. Coast Guard Base Mobile at
Mobile, Alabama. The points defining the proposed restricted area were
selected to minimize interference with other users of Arlington
Channel, and to minimize the restricted area's interference with
commercial and recreational fisheries. In addition to the publication
of the proposed rule, the Mobile District Engineer published public
notices dated 18 July 2003 and 20 April 2004. No objections to
establishment of the final Restricted Area were received.
Procedural Requirements
A. Review Under Executive Order 12866
This rule is issued with respect to security and safety functions
of the U.S. Coast Guard and the provisions of Executive Order 12866 do
not apply.
B. Review Under the Regulatory Flexibility Act
This 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 expects that the economic
impact of the establishment of this Restricted Area would have no
impact on the public, no anticipated navigational hazard or
interference with existing waterway traffic, and accordingly, certifies
that this proposal, if adopted, will have no significant economic
impact on small entities.
C. Review Under the National Environmental Policy Act
The Mobile District has prepared an Environmental Assessment (EA)
for this action. We have concluded that this action will not have a
significant impact on the human environment, and preparation of an
Environmental Impact Statement (EIS) is not required. The EA will be
available for review at the Mobile District office listed at the end of
the FOR FURTHER INFORMATION CONTACT paragraph 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 Act. We have also found under Section 203 of the Act that
small governments will not be significantly and uniquely affected by
this rulemaking.
E. Submission to Congress and the General Accounting Office
Pursuant to Section 801(a)(1)(A) of the Administrative Procedure
Act, as amended by the Small Business Regulatory Enforcement Fairness
Act of 1996, the Army has submitted a report containing this rule to
the U.S. Senate, the U.S. House of Representatives, and the Comptroller
General of the General Accounting Office. This rule is not a major rule
within the meaning of Section 804(2) of the Administrative Procedure
Act, as amended.
List of Subjects in 33 CFR Part 334
Danger zones, Marine safety, Navigation (water), Restricted areas,
Waterways.
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For the reasons set out in the preamble, we are amending 33 CFR Part
334 to read as follows:
PART 334--DANGER ZONE AND RESTRICTED AREA REGULATIONS
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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).
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2. Section 334.783 is added to read as follows:
Sec. 334.783 Arlington Channel, U.S. Coast Guard Base Mobile, Mobile,
Alabama, Coast Guard Restricted Area.
(a) The area. The waters of Arlington Channel west of a line from
latitude 30[deg]-39'--09''N, longitude 088[deg]-03'-24'' W to latitude
30[deg]-38'-54[deg][deg] N., longitude 088'-03[deg]-17'' W.
(b) The regulations. The restricted area is open to U.S. Government
vessels and transiting vessels only. U.S. Government vessels include
U.S. Coast Guard vessels, Department of Defense vessels, state and
local law enforcement and emergency services vessels and vessels under
contract with the U.S. Government. Vessels transiting the restricted
area shall proceed across the area by the most direct route and without
unnecessary delay. Fishing, trawling, net-fishing and other aquatic
activities are prohibited in the restricted area without prior approval
from the Commanding Officer, U.S. Coast Guard Group Mobile or his
designated representative.
(c) Enforcement. The regulations in this section shall be enforced
by the Commanding Officer, U.S. Coast Guard Group Mobile or his
designated representative.
Dated: July 21, 2004.
Michael B. White,
Chief, Operations Division, Directorate of Civil Works.
[FR Doc. 04-17263 Filed 7-28-04; 8:45 am]
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