[Federal Register Volume 68, Number 222 (Tuesday, November 18, 2003)]
[Proposed Rules]
[Pages 65019-65020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-28706]


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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, Coasters Harbor Island, Naval Station Newport, Newport, RI

AGENCY: United States Army Corps of Engineers, Department of Defense.

ACTION: Notice of proposed rulemaking and request for comments.

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SUMMARY: The Corps of Engineers is proposing regulations to establish a 
restricted area on the east side of the East Passage of Narragansett 
Bay around Coasters Harbor Island in the vicinity of Naval Station 
Newport. These regulations will enable the Navy to enhance safety and 
security around Coasters Harbor Island. It will create an area of 
separation between general navigation on the East Passage of 
Narragansett Bay and Naval Station Newport. The regulations will 
safeguard government personnel and property plus United States 
government contractor facilities located onboard Naval Station Newport 
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 and security of the area.

DATES: Written comments must be submitted on or before December 18, 
2003.

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. Michael 
Elliott, Corps of Engineers, New England District, at (978) 318-8131 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 334.82 which establishes a 
restricted area in the navigable waters immediately adjacent to 
Coasters Harbor Island and enclosing the island and mainland shoreline 
of Naval Station Newport from Coddington Point south to the Naval 
Hospital on the eastern side of the East Passage of Narragansett Bay in 
Newport, Rhode Island. To better protect the Naval War College and 
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, USN Newport, Rhode Island or his/her authorized 
representative.

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

[[Page 65020]]

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

    A preliminary environmental assessment has been prepared for this 
action. The Districts expects, due to 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, 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: 40 Stat. 266 (33 U.S.C. 1) and 40 Stat. 892 (33 
U.S.C. 3).

    2. Section 334.82 would be added to read as follows:


Sec.  334.82  Naragansett Bay, East Passage, Coasters Harbor Island, 
Naval Station Newport, Newport, Rhode Island, Restricted Area.

    (a) The area. The waters within a ``C-shaped'' area adjacent to and 
surrounding Coasters Harbor Island beginning at Coddington Point at 
latitude 41[deg]31'24.0'' N, longitude 71[deg]19'24.0'' W; thence west 
southwest to latitude 41[deg]31'21.5'' N, longitude 71[deg]19'45.0'' W; 
thence south southwest to latitude 41[deg]31'04.2'' N, longitude 
71[deg]19'52.8'' W; thence due south to latitude 41[deg]30'27.3'' N, 
longitude 71[deg]19'52.8'' W; thence south southeast to 
41[deg]30'13.8'' N, longitude 71[deg]19'42.0'' W; thence southeast to 
latitude 41[deg]30'10.2'' N, longitude 71[deg]19'32.6'' W; thence due 
east to latitude 41[deg]30'10.2'' N, longitude 71[deg]19'20.0'' W; 
thence northerly along the mainland 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 federal, 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/her 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) [Reserved]

    Dated: November 3, 2003.
Michael B. White,
Chief, Operations Division, Directorate of Civil Works.
[FR Doc. 03-28706 Filed 11-17-03; 8:45 am]
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