Federal Register / Vol. 77, No. 140 / Friday, July 20, 2012 / Rules and Regulations 42651 

from the AVI Resort and Casino Cove in 

approximate position: 35°00′55′′ N, 

114°38′12′′ W. 

(b) Enforcement Period. This section 

will be enforced from 8 p.m. to 9:45 

p.m. on September 2, 2012. If the event 

concludes prior to the scheduled 

termination time, the Captain of the Port 

will cease enforcement of this safety 

zone and will announce that fact via 

Broadcast Notice to Mariners. 

(c) Definitions. The following 

definition applies to this section: 

designated representative, means any 

commissioned, warrant, or petty officer 

of the Coast Guard on board Coast 

Guard, Coast Guard Auxiliary, and 

local, state, and federal law enforcement 

vessels who have been authorized to act 

on the behalf of the Captain of the Port. 

(d) Regulations. (1) Entry into, transit 

through or anchoring within this safety 

zone is prohibited unless authorized by 

the Captain of the Port of San Diego or 

his designated representative. 

(2) All persons and vessels shall 

comply with the instructions of the 

Coast Guard Captain of the Port or his 

designated representative. 

(3) Upon being hailed by U.S. Coast 

Guard patrol personnel by siren, radio, 

flashing light, or other means, the 

operator of a vessel shall proceed as 

directed. 

(4) The Coast Guard may be assisted 

by other federal, state, or local agencies. 

Dated: June 13, 2012. 

S.M. Mahoney, 

Captain, U.S. Coast Guard, Captain of the 

Port San Diego. 

[FR Doc. 2012–17705 Filed 7–19–12; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF DEFENSE 

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 20314– 

1000. 

FOR FURTHER INFORMATION CONTACT: Mr. 

David Olson, Headquarters, Operations 

and Regulatory Community of Practice, 

Washington, DC at 202–761–4922 or by 

email at david.b.olson@usace.army.mil 

or Ms. Angela C. Repella, U.S. Army 

Corps of Engineers, New England 

District, Regulatory Branch, at 978–318– 

8639 or by email at 

Angela.C.Repella@usace.army.mil. 

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: 

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). 

§ 334.78 [Removed] 

■ 2. Remove § 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] 

BILLING CODE 3720–58–P 


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