[Federal Register Volume 67, Number 31 (Thursday, February 14, 2002)]
[Proposed Rules]
[Page 6901]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-3557]



[[Page 6901]]

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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 334


United States Navy Restricted Area, Kennebec River, Bath Iron 
Works Shipyard, ME

AGENCY: United States 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 regulations to 
establish a restricted area on the west side of the Kennebec River in 
the vicinity of the Bath Iron Works (BIW) Shipyard from just south of 
the Carlton (Route 1) highway bridge to the southern end of the Bath 
Iron Works Shipyard facility in Bath, Maine. These regulations will 
enable the Navy to enhance security around vessels constructed, moored 
and launched at the facility. The regulations will safeguard military 
vessels and United States government contractor 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 that may exist as a result of Navy use 
of the area and its security measures.

DATES: Written comments must be submitted on or before March 18, 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, 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 proposes to amend the restricted area regulations 
in 33 CFR part 334 by adding Section 334.45 which establishes a 
restricted area in the Kennebec River, off of the Bath Iron 
Worksshipyard on the western shore of the Kennebec River South of the 
Route 1 highway bridge in Bath, Maine. The public currently is 
restricted from using the area by Coast Guard Regulations under the 
Port Safety Act. To better protect vessels and personnel stationed at 
the facility and the general public, The Navy, Supervisor of 
Shipbuilding, Conversion and Repair at BATH Iron Works has requested 
the Corps of Engineers establish a Restricted Area. This will enable 
the Navy to keep persons and vessels out of the area at all times, 
except with the permission of the Navy Supervisor of Shipbuilding at 
Bath Iron Works.

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

    These proposed rules have 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 of Engineers 
expects that the economic impact of the establishment of this 
restricted area would have practically 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

    An environmental assessment has been prepared for this action. We 
have concluded, based on the minor nature of the proposed additional 
restricted area regulations, that this action, if adopted, will not 
have a significant impact to the quality of the human environment, and 
preparation of an environmental impact statement is not required. The 
environmental assessment may be reviewed at the District office listed 
at the end of the FOR FURTHER INFORMATION CONTACT, paragraph.

(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, Restricted areas, Waterways.

    For the reasons set out in the preamble, the Corps of Engineers 
proposes to amend 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. 25 is added to read as follows:


Sec. 334. 25  Kennebec River, Bath Iron Works Shipyard, Bath, Maine, 
Restricted Area.

    (a) The area. The waters within an area beginning on the western 
shore at latitude 43 deg.54'40.7" N, longitude 69 deg. 48' 44.8 " W; 
thence easterly to latitude 43 deg.54'40.7 " N, longitude 69 deg.48' 
36.8" W; thence southeasterly to latitude 43 deg. 54' 10.4" N, 
longitude 069 deg. 48' 34.7" W; thence southwesterly to latitude 
43 deg. 53' 55.1 " N, longitude 69 deg. 48' 39.1 " W; thence westerly 
to latitude 43 deg. 53' 55.1 " N, longitude 69 deg. 48' 51.8 " W; 
thence northerly along the westerly shoreline to the point of origin.
    (b) The regulations. No persons, swimmers, vessels, or 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, may pass through the 
restricted area unless specific authorization is granted by the 
Supervisor of Shipbuilding, United States Navy, Bath, Maine, or other 
persons or agencies as he/she may designate.
    (c) Enforcement. (1) The regulation in this section, promulgated by 
the United States Army Corps of Engineers, shall be enforced by the 
Supervisor of Shipbuilding, Bath IronWorks, Bath, Maine, and/or other 
persons or agencies as he/she may designate.
    (2) Federal and State Law enforcement vessels and personnel may 
enter the restricted area at any time to enforce their respective laws.

    Dated: January 14, 2002.
Charles M. Hess,
Chief, Operations Division, Directorate of Civil Works.
[FR Doc. 02-3557 Filed 2-13-02; 8:45 am]
BILLING CODE 3710-92-P