[Federal Register: November 18, 2003 (Volume 68, Number 222)]
[Proposed Rules]
[Page 65019-65020]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18no03-22]
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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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