[Federal Register: June 26, 2003 (Volume 68, Number 123)]
[Proposed Rules]
[Page 37992-37993]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26jn03-26]
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DEPARTMENT OF DEFENSE
Department of the Army; Corps of Engineers
33 CFR Part 334
United States Coast Guard Restricted Area, San Francisco Bay,
Yerba Buena Island, San Francisco, CA
AGENCY: U.S. Army Corps of Engineers, DoD.
ACTION: Notice of proposed rulemaking and request for comments.
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SUMMARY: The U. S. Army Corps of Engineers is proposing to establish a
new Restricted Area in the waters of San Francisco Bay on the east side
of Yerba Buena Island, San Francisco, San Francisco County, California.
The designation would ensure public safety and satisfy the security,
safety, and operational requirements as they pertain to the Coast Guard
Group San Francisco on Yerba Buena Island, by establishing an area into
which unauthorized vessels and persons may not enter.
DATES: Comments must be submitted on or before July 28, 2003.
FOR FURTHER INFORMATION CONTACT: Mr. Frank Torbett, Headquarters
Regulatory Branch at (202) 761-4618 or Mr. Bryan Matsumoto, Corps San
Francisco District, at (415) 977-8476.
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 Appropriation Act of 1919 (40 Stat. 892; 33
U.S.C. 3) the Corps proposes to amend the regulations in 33 CFR part
334 by establishing a new Restricted Area at 334.1244, in the waters of
San Francisco Bay on the east side of Yerba Buena Island, San
Francisco, San Francisco County, California. The points defining the
proposed Restricted Area were selected to isolate dock-side and pier
face activity that appear to, or potentially present a terrorist
threat. Additionally, the Restricted Area would reduce the potential
damage to the public in the event of a rapid response by Coast Guard
assets for Homeland Defense and Search and Rescue Operations. In
addition to the publication of this proposed rule, the San Francisco
District Engineer is concurrently soliciting public comment on these
proposed rules by distribution of a public notice to all known
interested parties.
Procedural Requirements
a. Review Under Executive Order 12866
This proposed rule is issued with respect to security and safety
functions of the U.S. Coast Guard and the provisions of Executive Order
12866 do not apply.
b. Review Under the Regulatory Flexibility Act
This proposed 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
[[Page 37993]]
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 the establishment of this
Restricted Area would have 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
The San Francisco District has prepared a preliminary Environmental
Assessment (EA) for this action. The preliminary EA concluded that this
action will not have a significant impact on the human environment.
After receipt and analysis of comments from this Federal Register
posting and the San Francisco District's concurrent Public Notice, the
Corps will prepare a final environmental document detailing the scale
of impacts this action will have upon the human environment. The EA
will be available for review at the San Francisco District office
listed at the end of the FOR FURTHER INFORMATION CONTACT paragraph
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, Navigation (water), Restricted areas,
Waterways.
For the reasons set out in the preamble, we propose to amend 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)
2. Section 334.1244 is added to read as follows:
Sec. 334.1244 San Francisco Bay on the east side of Yerba Buena
Island, San Francisco, San Francisco County, California; Coast Guard
Restricted Area.
(a) The area. San Francisco Bay on the east side of Yerba Buena
Island: From a point along the southeastern shore of Yerba Buena Island
at latitude 37[deg]48'27'' North, longitude 122[deg]21'44'' West; east
to latitude 37[deg]48'27'' North, longitude 122[deg]21'35'' West; north
to latitude 37[deg]48'42'' North, longitude 122[deg]21'35'' West, a
point on the northeastern side of Yerba Buena Island.
(b) The regulation. (1) All persons and vessels are prohibited from
entering the waters within the Restricted Area for any reason without
prior written permission from the Commanding Officer of the Coast Guard
Group San Francisco on Yerba Buena Island.
(2) Mooring, anchoring, fishing, transit and/or swimming shall not
be allowed within the Restricted Area without prior written permission
from the Commanding Officer of the Coast Guard Group San Francisco on
Yerba Buena Island.
(c) Enforcement. The regulation in this section shall be enforced
by the Commanding Officer of the Coast Guard Group San Francisco on
Yerba Buena Island, and such agencies and persons as he/she shall
designate.
Dated: June 5, 2003.
Approved:
Lawrence A. Lang,
Acting Chief, Operations Division, Directorate of Civil Works.
[FR Doc. 03-16016 Filed 6-25-03; 8:45 am]
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