[Federal Register Volume 77, Number 140 (Friday, July 20, 2012)]
[Rules and Regulations]
[Page 42651]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-17779]



Department of the Army, Corps of Engineers

33 CFR Part 334

Disestablishment of Restricted Area, Rhode Island Sound, Atlantic 
Ocean, Approximately 4 Nautical Miles Due South of Lands End in 
Newport, RI

AGENCY: U.S. Army Corps of Engineers, DoD.

ACTION: Final rule.


SUMMARY: The U.S. Navy (USN) requested that the U.S. Army Corps of 
Engineers (Corps) disestablish the restricted area (RA) located 4 
nautical miles due south of Lands End in Newport, Rhode Island. The RA 
was established on August 31, 1987. The purpose of the RA was to 
establish a practice minefield for conducting mine detection and mine 
sweeping exercises. Use of the RA by the USN has been discontinued. 
Given the inert practice materials that were used at the site, the USN 
has determined that disestablishment of the area will not pose any 
hazard or threat to public safety.

DATES: Effective date: August 20, 2012.

ADDRESSES: Headquarters, U.S. Army Corps of Engineers, Operations and 
Regulatory Community of Practice, 441 G Street NW., Washington, DC 

FOR FURTHER INFORMATION CONTACT: Mr. David Olson, Headquarters, 
Operations and Regulatory Community of Practice, Washington, DC at 202-
761-4922 or by email at [email protected] or Ms. Angela C. 
Repella, U.S. Army Corps of Engineers, New England District, Regulatory 
Branch, at 978-318-8639 or by email at [email protected].

SUPPLEMENTARY INFORMATION: By letter received May 5, 2011, the 
commanding officer of Naval Station Newport, requested the removal of 
the restricted area located 4 nautical miles due south of Lands End in 
Newport, Rhode Island. The RA is no longer needed by the USN. In 
response to this request, and 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 regulations in 33 CFR Part 334 by 
disestablishing the RA.
    The proposed rule was published in the April 4, 2012, edition of 
the Federal Register (77 FR 20330), with regulations.gov docket number 
COE-2012-0001. In April 2012, the Corps New England District issued a 
public notice soliciting comments on the proposal to all known 
interested parties. No comments were received in response to the 
proposed rule and the public notice.

Administrative Requirements

    a. Review Under Executive Order 12866. This rule is issued with 
respect to a military function of the Department of Defense and the 
provisions of Executive Order 12866 do not apply.
    b. Regulatory Flexibility Act, as Amended by the Small Business 
Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 601 et seq. 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 determined that the 
disestablishment of the RA would not have a significant economic impact 
on small entities. For more detailed analysis of potential impacts of 
this rule, please see the regulatory analysis in the EA.
    c. Review Under the National Environmental Policy Act. We have 
concluded that the disestablishment of the restricted area will not 
have a significant impact to the quality of the human environment and, 
therefore, preparation of an environmental impact statement is not 
required. An environmental assessment and Finding of No Significant 
Impact have been prepared and may be reviewed at the New England 
District Office. Please contact Ms. Angela C. Repella at the phone 
number specified above for further information.
    d. Unfunded Mandates Reform 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 Reform Act (Pub. L. 104-
4, 109 Stat. 48, 2 U.S.C. 1501 et seq.). We have also found, under 
Section 203 of the Act, that small governments will not be 
significantly or uniquely affected by this rule.

List of Subjects in 33 CFR Part 334

    Danger zones, Navigation (water), Transportation, Waterways.

    For the reasons stated in the preamble, the Corps is amending 33 
CFR part 334 to read as follows:


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).

Sec.  334.78  [Removed]

2. Remove Sec.  334.78.

    Dated: July 16, 2012.
Richard C. Lockwood,
Chief, Operations and Regulatory, Directorate of Civil Works.
[FR Doc. 2012-17779 Filed 7-19-12; 8:45 am]