Danger zones and restricted areas: Narragansett Bay, East Passage, Coddington Cove, RI; Naval Station Newport,

[Federal Register: October 24, 2002 (Volume 67, Number 206)]

[Rules and Regulations]

[Page 65313-65314]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr24oc02-10]

DEPARTMENT OF DEFENSE

Department of the Army; Corps of Engineers

33 CFR Part 334

United States Navy Restricted Area, Narragansett Bay, East Passage, Coddington Cove, RI

AGENCY: United States Army Corps of Engineers, DoD.

ACTION: Final rule.

SUMMARY: The U.S. Army Corps of Engineers is amending its regulations to establish a restricted area in waters adjacent to Naval Station Newport in Newport, Rhode Island. This amendment will close off an open area in Coddington Cove east of a line that connects Coddington Point at latitude 41[deg] 31' 24.0'' N, longitude 071[deg] 19' 24.0'' W; with the outer end of the Coddington Cove Breakwater on the north side of the cove at latitude 41[deg] 31' 55.7'' N, longitude 071[deg] 19' 28.2'' W. The regulations are necessary to safeguard Navy vessels and United States Government facilities from sabotage and other subversive acts, accidents, or incidents of similar nature. These regulations are also necessary to protect the public from potentially hazardous conditions which may exist as a result of Navy use of the area.

EFFECTIVE DATE: November 25, 2002.

ADDRESSES: U.S. Army Corps of Engineers, ATTN: CECW-OR, 441 G Street, NW., Washington, DC 20314-1000.

FOR FURTHER INFORMATION CONTACT: Mr. Frank Torbett, Headquarters Regulatory Branch, Washington, DC at (202) 761-4618, or Mr. Richard Roach, Corps of Engineers, New England District, Regulatory Division, at (978) 318-8211 or (800) 343-4789.

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 Appropriations 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 adding Sec. 334.81 to establish a restricted area in waters adjacent to Naval Station Newport at Newport Rhode Island.

Procedural Requirements

1. Review Under Executive Order 12866

   This rule is issued with respect to a military function of the Defense Department and the provisions of Executive Order 12866 do not apply.

2. Review Under the Regulatory Flexibility Act

   This 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). The Corps expects that the economic impact of this restricted area will have practically no impact on the public, no anticipated navigational hazard or interference with existing waterway traffic and accordingly, certifies that this rule will have no significant economic impact on small entities.

3. Review Under the National Environmental Policy Act

   The New England District has prepared an Environmental Assessment (EA) for this action. We have concluded, based on the minor nature of the additional restricted area regulations, that this action will not have a significant impact to the quality of the human environment, and preparation of an Environmental Impact Statement (EIS) is not required. The EA may be reviewed at the New England District office listed at the end of FOR FURTHER INFORMATION CONTACT, above.

4. 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.

5. 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.

   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. Section 334.81 is added to read as follows:

      Sec. 334.81 Narragansett Bay, East Passage, Coddington Cove, Naval Station Newport, Naval Restricted Area, Newport, Rhode Island.

      (a) The area. All of the navigable waters of Coddington Cove east of a line that connects Coddington Point at latitude 41[deg] 31' 24.0'' N, longitude 071[deg] 19' 24.0'' W; with the outer end of the Coddington Cove Breakwater on the north side of the cove at latitude 41[deg] 31' 55.7'' N, longitude 071[deg] 19' 28.2'' W.

      (b) The regulation. 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 specific permission from the Commanding Officer, Naval Station Newport, USN, Newport, Rhode Island or his/her authorized representative.

      [[Page 65314]]

      (c) Enforcement. The regulation in this section, promulgated by the United States Army Corps of Engineers, shall be enforced by the United States Navy, Commanding Officer Naval Station Newport, and/or such agencies or persons as he/she may designate.

      Dated: September 26, 2002. Michael G. Ensch, Acting Chief, Operations Division, Directorate of Civil Works.

      [FR Doc. 02-26646Filed10-23-02; 8:45 am]

      BILLING CODE 3710-92-P