[Federal Register Volume 59, Number 96 (Thursday, May 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-11977]


[[Page Unknown]]

[Federal Register: May 19, 1994]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Jacksonville 93-115]

 

Security Zone Regulations; Naval Air Station, Jacksonville, FL

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is considering a proposal to remove an 
existing security zone for the St. Johns River, Jacksonville, Florida, 
and to establish a security zone for the waters surrounding Naval Air 
Station (NAS) Jacksonville. The proposed change will delete an existing 
security zone for the north bank of the St. Johns River at the junction 
of Brills Cut Range and Broward Point Turn, locally known as Dunn Creek 
Terminal. The proposal is also to establish a security zone around NAS 
Jacksonville to safeguard sensitive military assets on the facility. 
Entry into this zone will be prohibited, unless authorized by the 
Captain of the Port.

DATES: July 18, 1994.

ADDRESSES: Comments should be mailed to Commanding Officer, Coast Guard 
Marine Safety Office, 2831 Talleyrand Avenue, Jacksonville, FL 32206-
3497. The comments will be available for inspection and copying at MSO 
Jacksonville, room 222. Normal office hours are between 7:30 a.m. and 4 
p.m., Monday through Friday, except holidays. Comments may also be 
hand-delivered to this address.

FOR FURTHER INFORMATION CONTACT:
Lieutenant A. Varamo, at Coast Guard Marine Safety Office, 
Jacksonville, Florida, tel: (904) 232-2648.

SUPPLEMENTARY INFORMATION: Interested persons are invited to 
participate in this rulemaking by submitting written views, data or 
arguments. Persons submitting comments should include their names and 
addresses, identify this notice by docket number #93-115 and the 
specific section of the proposal to which their comments apply, and 
give reasons for each comment. Based upon comments received, the 
regulation may be changed. All comments received before the expiration 
of the comment period will be considered before final action is taken 
on this proposal. No public hearing is planned, but one may be held if 
written requests for a hearing are received, and it is determined that 
the opportunity to make oral presentations will aid the rulemaking 
process.

Drafting Information

    The drafters of this regulation are Lieutenant A. Varamo, project 
officer for the Captain of the Port Jacksonville, and Lieutenant J. 
Losego, project attorney, Seventh Coast Guard District Legal Office.

Discussion of Proposed Regulations

    The proposed rule will remove an existing security zone (33 CFR 
165.710) located at the junction of Brill's Cut Range and Broward Point 
Turn in the St. Johns River. This zone was used to safeguard moored 
Navy vessels prior to a lease arrangement with Gate properties for 
berthing at Blount Island. According to the originators of the security 
zone request, the zone is no longer needed for this purpose. The new 
proposed security zone is to assist the Navy in preventing unauthorized 
access to military assets on Naval Air Station Jacksonville. It will 
also enhance the ability of the Navy to increase security for their 
facility during heightened threat conditions. The security zone will 
border a U.S. Navy level two restricted area which contains the 
flightline, naval hospital, and other sensitive military assets. This 
regulation is issued pursuant to 50 U.S.C. 191, as set out in the 
authority citation for all of Part 165.

Federalism

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 12612, and it has been determined 
that the proposed rulemaking does not have sufficient federalism 
implications to warrant the preparation of a Federalism Assessment.

Environmental Assessment

    The Coast Guard has considered the environmental impact of this 
proposal consistent with section 2.B.2.c of Commandant Instruction 
M16475.1B and the establishment of security zones has been determined 
to be categorically excluded from further environmental documentation.

Economic Assessment and Certification

    These proposed regulations are considered to be non-major under 
Executive Order 12291 on Federal Regulation and nonsignificant under 
the Department of Transportation regulatory policies and procedures (44 
FR 11034, February 16, 1979). The economic impact of this proposal is 
expected to be so minimal that a full regulatory evaluation is 
unnecessary. Recreational use of the area will be affected. The 
security zone will extend for only 400 feet from the shoreline.
    Since the impact of this proposal is expected to be minimal, the 
Coast Guard certifies that, if adopted, it will not have significant 
impact on a substantial number of small entities.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (waters), Reporting and 
recordkeeping requirements, Security measures, Waterways.

Proposed Regulations

    In consideration of the foregoing, the Coast Guard proposes to 
amend part 165 of Title 33, Code of Federal Regulations, as follows:

PART 165--[AMENDED]

    1. The authority citation for Part 165 continues to read as 
follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 49 CFR 1.46 and 33 CFR 
1.05-1(g), 6.04-1, 6.04-6 and 33 CFR 160.50.


Sec. 165.710  [Removed]

    2. Section 165.710 is removed.
    3. Section 165.709 is added to read as follows:


Sec. 165.709  St. Johns River, Jacksonville, Florida.

    (a) Location. The water, land, and land and water located within 
the following area is established as a security zone: beginning at the 
shoreline of the St. Johns River at the northernmost property line of 
Naval Air Station Jacksonville, next to Timuquana Country Club, at 
30 deg.14'39.5'' N, 80 deg.40'45'' W; thence northeasterly to 
30 deg.14' 42.'' N, 81 deg.40'42'' W; thence south remaining 400 feet 
from the shoreline at mean high water; thence past Piney Point and 
Black Point to the northern edge of Mulberry Cove Manatee refuge, 400 
feet from Naval Air Station Jacksonville boat ramp, at 30 deg.13'.00'' 
N, 80 deg.40'23.5'' W; thence southwesterly in a straight line to 
position 30 deg.12'14'' N, 81 deg.40'42'' W; thence southerly, 
remaining 400' seaward of the mean high water shoreline to 
30 deg.11'40'' N, 81 deg.41'15.5'' W; thence northwest to the point at 
the end of the property line of Naval Air Station Jacksonville, just 
north of the Buckman Bridge at position 30 deg.11'42.30'' N, 
81 deg.41'23.66'' W; thence northeasterly along the mean high water 
shoreline of the St. Johns River and Mulberry Cove to the point of 
beginning.
    (b) Regulations. In accordance with the general regulations in 
Sec. 165.33, entry into this zone is prohibited unless authorized by 
the Captain of the Port Jacksonville, FL. Section 165.33 also contains 
other general requirements.

    Dated: March 2, 1994.
D.F. Miller,
Commander, U.S. Coast Guard, Alternate Captain of the Port, 
Jacksonville, FL.
[FR Doc. 94-11977 Filed 5-18-94; 8:45 am]
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