[Federal Register Volume 69, Number 122 (Friday, June 25, 2004)]
[Rules and Regulations]
[Pages 35518-35519]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-14398]


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DEPARTMENT OF DEFENSE

Department of the Army; Corps of Engineers

33 CFR Part 334


United States Navy Restricted Area, Coasters Harbor Island, Naval 
Station Newport, 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 on the east side of the East Passage of 
Narragansett Bay around Coasters Harbor Island in the vicinity of Naval 
Station Newport. This amendment would prohibit vessels and persons from 
entering the waters immediately adjacent to Coasters Harbor Island and 
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 
amendment is necessary to safeguard government personnel and property 
plus U.S. 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: Effective Date: July 26, 2004.

ADDRESSES: U. S Army Corps of Engineers, ATTN: CECW-CO, 441 G Street, 
NW, Washington, DC 20314-1000.

FOR FURTHER INFORMATION CONTACT: Mr. Kirk Stark, Headquarters 
Regulatory Branch, Washington, DC at (202) 761-5904, or Mr. Michael J. 
Elliott, Corps of Engineers, New England District, Regulatory Branch, 
at (978) 318-8131 or (800) 343-4789.

SUPPLEMENTARY INFORMATION: Pursuant to its authorities in Section 7 of 
the River and Harbor 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 334.82 which establishes a restricted 
area in the navigable waters immediate 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. By establishment of the restricted area the Navy can better 
protect the Naval War College and vessels and personnel stationed at 
the facility and the general public. The regulations will allow 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 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 new 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. The District has concluded, based on the minor 
nature of the additional restricted area, 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.

[[Page 35519]]

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.


0
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

0
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).

0
2. Section 334.82 is added to read as follows:


Sec.  334.82  Narragansett 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.

    Dated: June 21, 2004.
Michael B. White,
Chief, Operations Division, Directorate of Civil Works.
[FR Doc. 04-14398 Filed 6-24-04; 8:45 am]
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