[Federal Register Volume 68, Number 123 (Thursday, June 26, 2003)]
[Rules and Regulations]
[Pages 37972-37973]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-16013]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 334


United States Navy Restricted Area, Naval Air Station North 
Island, San Diego, CA

AGENCY: 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 new restricted area in waters adjacent to the Naval Air 
Station North Island (NASNI), San Diego, California. This amendment 
will restrict activities by the public on the northeast side of the 
base. The regulations are necessary to safeguard Navy vessels and 
United States Government facilities from sabotage and other subversive 
acts, accidents, or incidents of a similar nature.

EFFECTIVE DATE: July 28, 2003.

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, Washington, DC at (202) 761-4618, or Mr. Russell L. 
Kaiser, Corps of Engineers, Los Angeles District, Regulatory Branch, at 
(213) 452-3293.

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 Appropriations 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 adding a restricted area at 334.865. The restricted 
area is being established for safety and security purposes in support 
of accommodating the homeport of a third aircraft carrier at NASNI. The 
restricted area is adjacent to a current U.S. Coast Guard security 
zone, which is enclosed by latitude/longitude coordinates: 
32[deg]42'52.5'' N, 117[deg]11'45.0'' W; 32[deg]42'55.3'' N, 
117[deg]11'45.0'' W; 32[deg]42'55.0'' N, 117[deg]11'30.5'' W; 
32[deg]42'40.0'' N, 117[deg]11'06.5'' W; 32[deg]42'37.2'' N, 
117[deg]11'06.8'' W; 32[deg]42'28.5'' N, 117[deg]11'11.0'' W; 
32[deg]42'21.5'' N, 117[deg]10'47.7'' W; and 32[deg]42'13.1'' N, 
117[deg]10'51.2'' W. The connection of the restricted area with the 
security zone will occur at the following coordinates: 32[deg]42'55.0'' 
N, 117[deg]11'30.5'' W and 32[deg]42'40.0'' N, 117 [deg]11'06.5'' W.

Procedural Requirements

a. Review Under Executive Order 12866

    This rule is issued with respect to a military function of the 
Defense Department 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 
(Public Law 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 this new restricted area would have practically no impact on 
the public, no anticipated navigational hazard or interference with 
existing waterway traffic and accordingly, certifies that this rule 
will have no significant economic impact on small entities.

c. Review Under the National Environmental Policy Act

    The Los Angeles District has prepared an Environmental Assessment 
(EA) for this action. The district has concluded, based on the minor 
nature of the addition of this restricted area, that this action will 
not have a significant impact to the quality of the human environment, 
and preparation of an Environmental Impact Statement (EIS) is not 
required. The EA may be reviewed at the Los Angeles District office 
listed at the end of FOR FURTHER INFORMATION CONTACT, 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.

0
For the reasons set out in the preamble, the Corps amends 33 CFR part 
334 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).

0
2. Section 334.865 is added to read as follows:
    Sec.  334.865 Naval Air Station North Island, San Diego, 
California, Restricted Area.
    (a) The area. The waters within an area beginning at 
32[deg]42'55.0'' N, 117[deg]11'30.5'' W; thence running easterly to 
32[deg]42'57.0'' N, 117[deg]11'22.5'' W; thence running easterly to 
32[deg]42'56.0'' N, 117[deg]11'19.0'' W; thence running southeasterly 
to 32[deg]42'49.0'' N, 117[deg]11'08.5'' W; thence running 
southeasterly to 32[deg]42'44.5'' N, 117[deg]11'06.5'' W; thence 
running southerly to 32[deg]42'40.0'' N, 117[deg]11'06.5'' W.
    (b) The regulation. (1) The restricted area shall not be open to 
swimming, fishing, water-skiing, mooring or anchorage.
    (2) Dragging, seining, other fishing operations, and other 
activities not under the direction of the United States, which might 
foul underwater installations within the restricted area, are 
prohibited.
    (3) All tows entering the restricted area shall be streamed and 
shortened to the seaward of the area and towing appendages and 
catenaries shall not be dragged along the bottom while proceeding 
through the area.
    (4) All vessels entering the restricted area shall proceed across 
the area by the most direct route and without unnecessary delay.
    (5) No vessel or craft of any size shall lie-to or anchor in the 
restricted area at

[[Page 37973]]

any time other than a vessel operated by or for components, or other 
vessels authorized by Commander, Navy Region Southwest, or his/her 
designee.
    (6) When security conditions dictate, Naval security forces may 
impose strict enforcement of stand-off distances within the restricted 
area. This enforcement will not prevent utilization of navigable 
channels, but will serve to control its use in order to protect vital 
National interests.
    (c) Enforcement. The regulation in this section, promulgated by the 
United States Army Corps of Engineers, shall be enforced by the 
Commander, Navy Region Southwest, and such agencies or persons as he/
she may designate.

    Dated: June 5, 2003.
Lawrence A. Lang,
Acting Chief, Operations Division, Directorate of Civil Works.
[FR Doc. 03-16013 Filed 6-25-03; 8:45 am]
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