[Federal Register Volume 60, Number 244 (Wednesday, December 20, 1995)]
[Rules and Regulations]
[Pages 65570-65571]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30968]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Jacksonville Regulation 93-115]
RIN 2115-AA97


Security Zone Regulations; Naval Air Station Jacksonville, FL

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is removing an existing security zone on the 
St. Johns river, Jacksonville, Florida, and establishing a security 
zone for the waters surrounding Naval Air Station Jacksonville, 
Florida. The 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, known as Dunn Creek Terminal. The change also 
establishes a security zone around Naval Air Station Jacksonville to 
safeguard sensitive military assets on the facility. No person or 
vessel may enter or remain in the zone without the permission of the 
Captain of the Port Jacksonville, Florida.

EFFECTIVE DATES: January 19, 1996.

FOR FURTHER INFORMATION CONTACT:
LT E.W. Heinold, Coast Guard Marine Safety Office Jacksonville, Florida 
at (904) 232-2957.

SUPPLEMENTARY INFORMATION: On May 19, 1994, the Coast Guard published a 
notice of proposed rulemaking in the Federal Register for these 
regulations (59 FR 26155). Interested persons were requested to submit 
comments and no comments were received. One minor correction has been 
made since the notice of proposed rulemaking; the proposed section, 
Sec. 165.709 will now read Sec. 165.722. This correction will allow 
this regulation to be located in Title 33 Code of Federal Regulations 
(CFR) with other regulations for the MSO Jacksonville area of 
responsibility. As a matter of general interest the Coast Guard notes 
that this final regulation provides, that no person or vessel may enter 
or remain in the zone without the permission of the Captain of the Port 
Jacksonville, Florida. Title 33 CFR 6.04-11 authorizes the Captain of 
the Port to enlist the aid and cooperation of Federal, State, county, 
municipal, and private agencies to assist in the enforcement of 
regulations issued pursuant to that part. The Captain of the Port of 
Jacksonville advises that the aid and cooperation of the Commanding 
Officer, Naval Air Station Jacksonville, FL has been enlisted to assist 
in the enforcement of this security zone.

Drafting Information

    The drafters of these regulations are LT E.W. Heinold, project 
officer for the Captain of the Port Jacksonville, Florida and LTJG J. 
Diaz, project attorney, Seventh Coast Guard District Legal Office.

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 rulemaking does not have sufficient federalism implications to 
warrant the preparation of a Federalism Assessment.

[[Page 65571]]


Environmental Assessment

    The Coast Guard has considered the environmental impact of these 
regulations consistent with section 2.B.2.e.(34)(g) of Commandant 
Instruction M16475.1B and the establishment of a security zone has been 
determined to be categorically excluded from further environmental 
documentation.

Regulatory Evaluation

    These 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 26, 1979). The economic impact of these regulations 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 400 feet from the shoreline and the depth of 
water in this area is such that commercial traffic will not be 
affected.
    Since the impact of these regulations is expected to be minimal, 
the Coast Guard certifies that it will not have a significant impact on 
a substantial number of small entities.

List of Subjects in 33 CFR Part 165

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

Final Regulations

    In consideration of the foregoing, part 165 of Title 33, Code of 
Federal Regulations, is amended 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; 33 CFR 1.05-1(g), 
6.04-1, 6.04-6 and 160.5; 49 CFR 1.46.


Sec. 165.710  [Removed]

    2. Section 165.710 is removed.
    3. Section 165.722 is added to read as follows:


Sec. 165.722  Security Zone: St. Johns River, Jacksonville, Florida.

    (a) Location. The 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, 
81 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 Cover Manatee refuge, 400 feet from Naval Air 
Station Jacksonville boat ramp, at 30 deg.13'00'' N, 81 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. Datum: NAD 83
    (b) In accordance with the general regulations in Sec. 165.33 of 
this part, no person or vessel may enter or remain in the zone without 
the permission of the Captain of the Port Jacksonville, Florida. All 
other portions of Sec. 165.33 remain applicable.
    (c) This regulation does not apply to Coast Guard vessels and 
authorized law enforcement vessels operating within the Security Zone.

    Dated: December 8, 1995.
A. Regalbuto,
Captain, U.S. Coast Guard, Captain of the Port, Jacksonville, Florida.
[FR Doc. 95-30968 Filed 12-19-95; 8:45 am]
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