[Federal Register Volume 67, Number 206 (Thursday, October 24, 2002)]
[Rules and Regulations]
[Pages 65313-65314]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-26646]


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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.

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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 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

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 
(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.

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 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 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. 02-26646 Filed 10-23-02; 8:45 am]
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