Danger zones and restricted areas: San Francisco, CA; Yerba Buena Island,

[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]

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.

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

1. 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.

2. 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.

3. 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.

4. 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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