[Federal Register Volume 69, Number 74 (Friday, April 16, 2004)]
[Rules and Regulations]
[Pages 20547-20548]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8600]


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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.

0
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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