26 June 2003 Source: http://www.access.gpo.gov/su_docs/aces/fr-cont.html ----------------------------------------------------------------------- [Federal Register: June 26, 2003 (Volume 68, Number 123)] [Rules and Regulations] [Page 37972-37973] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr26jn03-15] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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] BILLING CODE 3710-92-P ----------------------------------------------------------------------- [Federal Register: June 26, 2003 (Volume 68, Number 123)] [Rules and Regulations] [Page 37970-37972] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr26jn03-14] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE Department of the Army, Corps of Engineers 33 CFR Part 334 United States Navy Restricted Area, Naval Weapons Station Earle, Sandy Hook Bay, NJ AGENCY: United States Army Corps of Engineers, DoD. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The U.S. Army Corps of Engineers is amending its regulations to establish a restricted area in waters adjacent to Naval Weapons Station Earle. 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- [[Page 37971]] 4618, or Mr. Richard L. Tomer, U.S. Army Corps of Engineers, New York District, Regulatory Branch, at (212) 264-3996. 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 section 334.102 to establish a restricted area in waters adjacent to Naval Weapons Station Earle at Sandy Hook Bay, Township of Middletown, New Jersey. This amendment will close off an open area in Sandy Hook Bay within the following coordinates: latitude 40[deg]25'55.6'' N, longitude 074[deg]04'31.4'' W; thence to latitude 40[deg]26'54.0'' N, longitude 074[deg]03'53.0'' W; thence to latitude 40[deg]26'58.0'' N, longitude 074[deg]04'03.0'' W; thence to latitude 40[deg]27'56.0'' N, longitude 074[deg]03'24.0'' W; thence to latitude 40[deg]27'41.7'' N, longitude 074[deg]02'45.0'' W; thence to latitude 40[deg]28'23.5'' N, longitude 074[deg]02'16.6'' W; thence to latitude 40[deg]28'21.2'' N, longitude 074[deg]01'56.0'' W; thence to latitude 40[deg]28'07.9'' N, longitude 074[deg]02'18.6'' W; thence to latitude 40[deg]27'39.3'' N, longitude 074[deg]02'38.3'' W; thence to latitude 40[deg]27'28.5'' N, longitude 074[deg]02'10.4'' W; thence to latitude 40[deg]26'29.5'' N, longitude 074[deg]02'51.2'' W; thence to latitude 40[deg]26'31.4'' N, longitude 074[deg]02'55.4'' W; thence to latitude 40[deg]25'27.1'' N, longitude 074[deg]03'39.7'' W longitude; and thence along the shoreline to the point of origin (NAD 83). These coordinates correct a small error in the coordinates in the proposed notice, but the change to the size and shape of the restricted area is considered to be negligible. The Department of the Navy plans to install buoys along these coordinates to outline the Restricted Area. These regulations are necessary to safeguard Navy vessels and United States Government facilities from sabotage and other subversive acts, accidents, or incidents of similar nature. These regulations are also necessary to protect the public from potentially hazardous conditions which may exist as a result of Navy use of the area. 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 (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 U.S. Army Corps of Engineers expects that the economic impact of this 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 amendment will have no significant economic impact on small entities. c. Review Under the National Environmental Policy Act The New York District has prepared an Environmental Assessment (EA) for this action. We have concluded, based on the minor nature of this change to the restricted area regulations, 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 New York 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 U.S. Army 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 334.102 is added to read as follows: Sec. 334.102 Sandy Hook Bay, Naval Weapons Station EARLE, Piers and Terminal Channel, Restricted Area, Middletown, New Jersey. (a) The area. All of the navigable waters within the area bounded by these coordinates: Latitude 40[deg]25'55.6'' N, longitude 074[deg]04'31.4'' W; thence to Latitude 40[deg]26'54.0'' N, longitude 074[deg]03'53.0'' W; thence to Latitude 40[deg]26'58.0'' N, longitude 074[deg]04'03.0'' W; thence to Latitude 40[deg]27'56.0'' N, longitude 074[deg]03'24.0'' W; thence to Latitude 40[deg]27'41.7'' N, longitude 074[deg]02'45.0'' W; thence to Latitude 40[deg]28'23.5'' N, longitude 074[deg]02'16.6''W; thence to Latitude 40[deg]28'21.2'' N, longitude 074[deg]01'56.0'' W; thence to Latitude 40[deg]28'07.9'' N, longitude 074[deg]02'18.6'' W; thence to Latitude 40[deg]27'39.3'' N, longitude 074[deg]02'38.3'' W; thence to Latitude 40[deg]27'28.5'' N, longitude 074[deg]02'10.4'' W; thence to Latitude 40[deg]26'29.5'' N, longitude 074[deg]02'51.2'' W; thence to Latitude 40[deg]26'31.4'' N, longitude 074[deg]02'55.4'' W; thence to Latitude 40[deg]25'27.1'' N, longitude 074[deg]03'39.7''W longitude; and thence along the shoreline to the point of origin (NAD 83). The Department of the Navy plans to install buoys along these coordinates to outline the Restricted Area. (b) The regulation. (1) Except as set forth in subparagraph (b)(2), no persons, unauthorized vessels or other unauthorized craft may enter the restricted area at any time; (2) Vessels are authorized to cross the Terminal Channel provided that there are no naval vessels then transiting the channel bounded by: Latitude 40[deg]27'41.7'' N, longitude 074[deg]02'45.0'' W; thence to Latitude 40[deg]28'23.5'' N, longitude 074[deg]02'16.6'' W; thence to Latitude 40[deg]28'21.2'' N, longitude 074[deg]01'56.0'' W; thence to Latitude 40[deg]28'07.9'' N, longitude 074[deg]02'18.6'' W; thence to Latitude 40[deg]27'39.3'' N, longitude 074[deg]02'38.3'' W); and (3) No person may swim in the Restricted Area. [[Page 37972]] (c) Enforcement. The regulation in this section, promulgated by the U.S. Army Corps of Engineers, shall be enforced by the Commanding Officer, Naval Weapons Station Earle, and/or other persons or agencies as he/she may designate. Dated: June 5, 2003. Lawrence A. Lang, Acting Chief, Operations Division, Directorate of Civil Works. [FR Doc. 03-16014 Filed 6-25-03; 8:45 am] BILLING CODE 3710-92-P ----------------------------------------------------------------------- [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 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 -----------------------------------------------------------------------