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entities can request access to the
restricted area by contacting the
Supervisor of Shipbuilding, Conversion
and Repair, USN, Bath, Maine, or his/
her authorized representative on Marine
Communication Channel 16.
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 Part 334 to establish
a new restricted area in the Mobile
River.
Procedural Requirements
a. Review Under Executive Order
12866. This rule 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 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 economic impact of the new
restricted area would have practically
minimal to no impact on the public, and
will not result in any anticipated
navigational hazard or 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
regulation 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 has been prepared. It may be
reviewed at the district office listed at
the end of FOR FURTHER INFORMATION
CONTACT 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 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. 266 (33 U.S.C. 1) and
40 Stat. 892 (33 U.S.C. 3).
■ 2. Add § 334.782 to read as follows:
§ 334.782 SUPSHIP Bath Maine
Detachment Mobile at AUSTAL, USA,
Mobile, AL; restricted area.
(a) The area. The restricted area
would encompass all navigable waters
of the United States, as defined at 33
CFR part 329, contiguous to the area
identified as AUSTAL, USA and the
mean high water level within a
rectangular shaped area on the east side
of the Mobile River beginning at latitude
30°41′36.46″, longitude—88°2′2.70″;
thence westerly to latitude 30°41′35.85″,
longitude—88°2″; 5.12″; thence
southerly to latitude 30°41′26.67″,
longitude—88°2′3.62″; thence easterly to
latitude 30°41′26.98″, longitude—
88°2′1.81″ ; thence northerly along the
easterly shoreline to the point of origin.
(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, Bath, Maine 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, Bath, Maine, or his/her authorized
representative on Marine
Communication Channel 16.
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