[Federal Register Volume 67, Number 80 (Thursday, April 25, 2002)]
[Rules and Regulations]
[Pages 20445-20446]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-10123]


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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, Maine

AGENCY: United States Army Corps of Engineers, DoD.

ACTION: Final rule.

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SUMMARY: The U.S. Army Corps of Engineers is amending its regulations 
to establish a restricted area in waters adjacent to the Bath Iron 
Works Shipyard in Bath, Maine. This amendment will close off an open 
area all along the shipyard's piers down the west bank of the Kennebec 
River from the railroad bridge to the south end of the shipyard. 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: May 28, 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 
Section 334.45 to establish a restricted area in waters adjacent to the 
Bath Iron Works Shipyard at Bath, Maine.

Procedural Requirements

a. 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.

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 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 
will have no significant economic impact on small entities.

c. 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 proposed 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.

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

[[Page 20446]]

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 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:  33 U.S.C. 1 and 33 U.S.C. 3.

    2. Section 334.45 is added to read as follows: Sec. 334.45 Kennebec 
River, Bath Iron Works Shipyard, Naval Restricted Area, Bath, Maine.
    (a) The area. The waters within a coffin shaped area on the west 
side of the river south of the Carlton (Route 1) highway bridge 
beginning on the western shore at latitude 43 deg.54'40.7" N, longitude 
069 deg.48'44.8" W; thence easterly to latitude 43 deg.54' 40.7" N, 
longitude 069 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 069 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 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 areas without permission from the Supervisor of 
Shipbuilding, USN Bath Maine or his authorized representative
    (c) Enforcement. The regulation in this section, promulgated by the 
United States Army Corps of Engineers, shall be enforced by the, 
Supervisor of Shipbuilding, Conversion and Repair Bath, United States 
Navy and/or such agencies or persons as he/she may designate.

    Dated: April 15, 2002.
Karen Durham-Aguilera,
Acting Chief, Operations Division, Directorate of Civil Works.
[FR Doc. 02-10123 Filed 4-24-02; 8:45 am]
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