[Federal Register: April 16, 2004 (Volume 69, Number 74)]
[Proposed Rules]
[Page 20570-20571]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16ap04-23]
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DEPARTMENT OF DEFENSE
Corps of Engineers, Department of the Army
33 CFR Part 334
RIN 0710-AA56
United States Coast Guard Restricted Area, Coast Guard Base
Mobile, Mobile, Alabama
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 is proposing to establish a
new 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 Coast Guard's 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: Comments must be submitted on or before May 17, 2004.
FOR FURTHER INFORMATION CONTACT: Mr. Frank Torbett, Headquarters
Regulatory Branch at (202) 761-1075 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 proposes to amend the 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.
Procedural Requirements
a. Review Under Executive Order 12866
This proposed rule is issued with respect to a military function of
the Homeland Security 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
[[Page 20571]]
(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 a preliminary Environmental
Assessment (EA) for this action. The preliminary EA concluded that this
action will not have a significant impact on the human environment.
After receipt and analysis of comments from this Federal Register
posting and the Mobile District's concurrent Public Notice, the Corps
will prepare a final environmental document detailing the scale of
impacts this action will have upon the human environment. The EA will
be available for review at the Mobile District Office, Regulatory
Branch, 109 St. Joseph St., Mobile, Alabama.
d. Unfunded Mandates Act
This 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 Act. We have also found under section 203 of the Act
that small governments will not be significantly and uniquely affected
by this rulemaking.
List of Subjects in 33 CFR Part 334
Danger zones, Marine safety, Navigation (water), Restricted areas,
Waterways.
For the reasons set out in the preamble, we propose to amend 33 CFR
part 334 to read 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. Section 334.783 is added to read as follows:
Sec. 334.783 Arlington Channel, U.S. Coast Guard Base, Mobile,
Alabama, 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'' N., longitude 088[deg]-03'-17'' W.
(b) The regulation. 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: March 11, 2004.
Michael B. White,
Chief, Operations , Directorate of Civil Works.
[FR Doc. 04-8603 Filed 4-15-04; 8:45 am]
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