[Federal Register: April 16, 2004 (Volume 69, Number 74)]
[Rules and Regulations]
[Page 20547-20548]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16ap04-10]
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DEPARTMENT OF DEFENSE
Corps of Engineers, Department of the Army
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: Final rule.
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SUMMARY: The U.S. Army Corps of Engineers is amending its regulations
to establish a 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.
EFFECTIVE DATE: May 17, 2004.
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 at (202) 761-1075 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 is amending the Restricted Area regulations in 33
CFR Part 334 by establishing a new Restricted Area at 334.1065, in the
waters of San Francisco Bay on the east side of Yerba Buena Island, San
Francisco, San Francisco County, California. This amendment will close
off an open area in San Francisco Bay 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]48'49''
North, longitude 122[deg]21'35'' West, a point on the northeastern side
of Yerba Buena Island. These coordinates correct a small error in the
coordinates in the proposed notice, but the change in size and shape of
the Restricted Area is considered negligible. The points defining the
proposed Restricted Area were selected to isolate dock-side and pier
face activity that might present a terrorist threat. Additionally, the
Restricted Area would reduce the potential hazard to the public in the
event of a rapid response by Coast Guard assets for Homeland Defense
and Search and Rescue Operations.
Procedural Requirements
a. Review Under Executive Order 12866
This 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 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 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 an Environmental Assessment
(EA) for this action. We have concluded that this action will not have
a significant impact on the human environment, and preparation of an
Environmental Impact Statement (EIS) is not required. 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 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.
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.
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For the reasons set out in the preamble, we amend 33 CFR Part 334 to
read 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)
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2. Section 334.1065 is added to read as follows:
Sec. 334.1065 U.S. Coast Guard Station, San Francisco Bay, Yerba
Buena Island, San Francisco Bay, California; 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
[[Page 20548]]
122[deg]21'35'' West; north to latitude 37[deg]48'49'' 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: March 11, 2004.
Michael B. White,
Chief, Operations, Directorate of Civil Works.
[FR Doc. 04-8600 Filed 4-15-04; 8:45 am]
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