[Federal Register Volume 68, Number 123 (Thursday, June 26, 2003)]
[Proposed Rules]
[Pages 37992-37993]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-16016]


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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]
BILLING CODE 3710-92-P