[Federal Register Volume 67, Number 149 (Friday, August 2, 2002)]
[Proposed Rules]
[Pages 50390-50391]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-19588]


-----------------------------------------------------------------------

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, Naval Station Newport, Newport, RI

AGENCY: United States Army Corps of Engineers, DoD.

ACTION: Notice of proposed rulemaking and request for comments.

-----------------------------------------------------------------------

SUMMARY: The Corps of Engineers is proposing regulations to establish a 
restricted area on the east side of Narragansett Bay East Passage at 
Coddington Cove in the vicinity of Naval Station Newport. These 
regulations will enable the Navy to enhance safety and security around 
active military vessels berthed 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 September 3, 
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 
1-800-343-4789.

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 334.81 which establishes a 
restricted area in Coddington Cove, off of the Naval Station Newport 
piers on the eastern side of the East Passage of Narragansett Bay in 
Newport, Rhode Island. To better protect active naval vessels and 
personnel stationed at the facility and the general public, the Navy, 
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 Commanding Officer, Naval 
Station Newport.

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

[[Page 50391]]

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 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 FOR FURTHER INFORMATION CONTACT, above.

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 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. 81 would be added to read as follows:


Sec. 334. 81  Naragansett Bay, East Passage, Coddington Cove, Naval 
Station Newport, Newport, Rhode Island, Restricted Area.

    (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 areas without permission from the Commanding 
Officer Naval Station Newport, USN, Newport, Rhode Island or his 
authorized representative.
    (c) Enforcement. (1) 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, Newport, 
Rhode Island 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: June 26, 2002.
Karen Durham-Aguilera,
Chief, Operations Division, Directorate of Civil Works.
[FR Doc. 02-19588 Filed 8-1-02; 8:45 am]
BILLING CODE 3710-24-P