[Federal Register Volume 70, Number 57 (Friday, March 25, 2005)]
[Proposed Rules]
[Pages 15247-15250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-5905]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 334


Restricted Areas and Danger Zone at Multiple Military Sites 
Within the State of Florida

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 (Corps) is proposing to amend 
its regulations by modifying seven existing restricted areas and one 
danger zone to incorporate changes to the types of restriction, the 
area affected by the restriction, and/or the administration of the 
restricted area and to disestablish one existing restricted area. 
Additionally, the Corps is proposing to establish two new restricted 
areas. The restricted areas and danger zone are located within the 
State of Florida. The proposed regulations will enable the affected 
units of the U.S. Military to enhance safety and security around active 
military establishments. These regulations are necessary to safeguard 
military 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 that may exist as a result of military 
use of the area.

DATES: Written comments must be submitted on or before April 25, 2005.

ADDRESSES: Written comments should be sent to the U.S. Army Corps of 
Engineers, Attn: CECW-MVD (David B. Olson), 441 G Street NW., 
Washington, DC 20314-1000, or by e-mail to 
[email protected]. Electronic comments should be submitted 
in ASCII format or portable document format to ensure that those 
comments can be read. Electronic files should avoid the use of special 
characters and any form of encryption, and be free of any defects or 
viruses. Consideration will be given to all comments received within 30 
days of the date of publication of this notice.

FOR FURTHER INFORMATION CONTACT: Mr. David Olson, U.S. Army Corps of 
Engineers, Headquarters, Washington, DC at 202-761-4922, or Mr. Jon M. 
Griffin, U.S. Army Corps of Engineers, Jacksonville District, 
Regulatory Division, at 904-232-1680.

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 proposing to amend the restricted area 
regulations in 33 CFR part 334 by modifying the areas or restrictions 
at Sec. Sec.  334.540, 334.560, 334.580, 334.610, 334.760, 334.775, 
334.778, and 334.780, and by disestablishing the restricted area at 
Sec.  334.550. Additionally, the Corps is proposing to establish two 
new restricted areas at Sec. Sec.  334.515 and 334.635. The proposed 
modification to each existing restricted area or danger zone is 
described in the body of this notice along with a description of the 
two newly proposed restricted areas.
    If the amendments to Sec.  334.540 are approved, the Commander, 
45th Space Wing, has requested that the restricted area at Sec.  
334.550 be disestablished. This request has been made because the 
modified restricted area proposed for Sec.  334.540 will completely 
encompass the existing restricted area defined at Sec.  334.550.
    The Commanding Officer, Blount Island Command has requested that 
the Corps establish a restricted area at the U.S. Marine Slip area at 
Blount Island, Jacksonville, Florida. We are proposing to amend the 
restricted area regulations in 33 CFR part 334 by adding Sec.  334.515 
as a restricted area at the U.S. Marine Slip area at Blount Island.
    The Commander, MacDill Air Force Base has requested that the Corps 
establish a restricted area in the Hillsborough Bay and waters 
contiguous to MacDill Air Force Base, Florida. We are proposing to 
amend the restricted area regulations in 33 CFR part 334 by adding 
Sec.  334.635 as a restricted area in Hillsborough Bay and waters 
contiguous to MacDill Air Force Base.

Procedural Requirements

    a. Review Under Executive Order 12866. These proposed rules are 
issued with respect to a military function of the United States and the 
provisions of Executive Order 12866 do not apply.
    b. Review Under the Regulatory Flexibility Act. These proposed 
rules have been reviewed under the Regulatory Flexibility Act (Pub. L. 
96-354, 5 U.S.C. 601) 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 proposed 
modifications to the existing restricted areas and the establishment of 
two new restricted areas would have practically no economic impact on 
the public, and would create no anticipated navigational hazard or 
interference with existing waterway traffic. Accordingly, it is 
certified that this proposal if adopted, will not have a significant 
economic impact on a substantial number of small entities.
    c. Review Under the National Environmental Policy Act. The Corps 
has concluded, based on the minor nature of the proposed changes, that 
these amendments to danger zones and restricted areas, if adopted, will 
not be a major Federal action having a significant impact on the 
quality of the human environment, and preparation of an environmental 
impact statement is not required.
    d. Unfunded Mandates Act. These proposed rules do 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 Reform Act (Pub. L. 104-
4). We have also found under Section 203 of the Act, that small 
governments will not be significantly or 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, the Corps proposes to 
amend portions of 33 CFR part 334 as follows:

PART 334--DANGER ZONE AND RESTRICTED AREA REGULATIONS

    1. The authority citation for 33 CFR 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. Add Sec.  334.515 to read as follows:


Sec.  334.515  U.S. Marine Slip area at Blount Island, Jacksonville, 
Fla.; restricted area.

    (a) The area. The restricted area shall encompass all navigable 
waters of the United States, as defined at part 329 of this title, 
within the area identified at the U.S. Marine Corps Slip (also 
identified as Back River on many nautical maps) located on the

[[Page 15248]]

southeastern side of Blount Island, Jacksonville, Florida. The entrance 
to the U.S. Marine Corps Slip is described as commencing from a line 
drawn between the southwesterly most shore point (latitude 
30[deg]23'34'' N., longitude 81[deg]30'52'' W.) and the southeasterly 
most shore point (latitude 30[deg]23'38'' N., longitude 81[deg]30'36'' 
W.).
    (b) The regulations. (1) All persons, vessels, and other craft are 
prohibited from entering, transiting, anchoring, or drifting within the 
area described in paragraph (a) of this section for any reason without 
the permission of the Commanding Officer, Blount Island Command, 
Jacksonville, Florida, or his/her authorized representative.
    (2) The restriction noted in paragraph (b)(1) of this section is in 
effect 24 hours a day, 7 days a week.
    (c) Enforcement. The regulations in this section shall be enforced 
by the Commanding Officer, Blount Island Command, Jacksonville, 
Florida, and/or such persons or agencies as he/she may designate.
    3. Amend Sec.  334.540 by revising paragraphs (a) and (b) to read 
as follows:


Sec.  334.540  Banana River at the Eastern Range, 45th Space Wing, Cape 
Canaveral Air Force Station, Fla.; restricted area.

    (a) The area. The waters as described herein are a restricted area. 
The area starts at an intersecting point of the Banana River and Cape 
Canaveral Air Force Station at approximately latitude 28[deg]25.17' N., 
longitude 80[deg]36.24' W., thence proceeding westerly following the 
shoreline of Cape Canaveral Air Force Station to the southwest 
perimeter of Cape Canaveral Air Force Station at approximately latitude 
28[deg]25.18' N., longitude 80[deg]36.65' W.; at that point proceed 
north to the southern boundary of the U.S. Fish and Wildlife ``No Motor 
Zone'', at approximately latitude 28[deg]25.25' N., longitude 
80[deg]36.66' W. From that intersecting point follow the ``No Motor 
Zone'' southern boundary westerly until the boundary turns north, at 
approximately latitude 28[deg]25.22' N., longitude 80[deg]38.36' W., 
thence follow the ``No Motor Zone'' boundary north until it turns 
westerly again, at approximately latitude 28[deg]26.23' N., longitude 
80[deg]38.25' W. At this point follow the ``No Motor Zone'' boundary 
westerly until it intersects with the east side of the navigational 
channel, at approximately latitude 28[deg]26.23' N., longitude 
80[deg]38.47' W. The boundary then follows the east side of the 
navigational channel northerly until it intersects with Kennedy Space 
Center NASA Causeway East Roadway, at approximately latitude 
28[deg]30.74' N., longitude 80[deg]36.63' W.
    (b) The regulation. (1) The area described in paragraph (a) of this 
section is closed to all vessels and persons at all times unless duly 
authorized by the Commander, Eastern Range, 45th Space Wing, Patrick 
Air Force Base, Florida; National Aeronautical and Space 
Administration, Kennedy Space Center Director; or the Commander, 
Seventh Coast Guard District; or their designees.
    (2) The regulations in this section shall be enforced by the 
Commander, 45th Space Wing, Patrick Air Force Base, Florida, designees, 
Department of the Interior U.S. Fish and Wildlife Service, and the 
United States Coast Guard.


Sec.  334.550  [Removed]

    4. Remove Sec.  334.550.
    5. Amend Sec.  334.560 by revising paragraphs (a) and (b)(2) to 
read as follows:


Sec.  334.560  Banana River at Patrick Air Force Base, Fla., restricted 
area.

    (a) The area. The waters within an area beginning at a point 
located at latitude 28[deg]16'19'' N., longitude 80[deg]36'28'' W.; 
proceed west to latitude 28[deg]16'19'' N., longitude 80[deg]36'35'' 
W.; thence, southwesterly to latitude 28[deg]14'34'' N., longitude 
80[deg]37'08'' W.; thence, southerly to latitude 28[deg]12'44'' N., 
longitude 80[deg]37'18'' W.; thence, east to latitude 28[deg]12'44'' 
N., longitude 80[deg]37'11'' W. This encompasses an area reaching from 
the northern extent described to the southern extent described and 
extending from the mean high water line waterward a minimum distance of 
approximately 600 feet.
    (b) The regulations. (1) * * *
    (2) The regulations in this section shall be enforced by the 
Commander, 45th Space Wing, Patrick Air Force Base, Florida, and such 
agencies as he/she may designate.
    6. Amend Sec.  334.580 by revising paragraph (b) to read as 
follows:


Sec.  334.580  Atlantic Ocean near Port Everglades, Fla.

* * * * *
    (b) The regulations. (1) Anchoring, trawling, dredging, or 
attaching any object to the submerged sea bottom shall be prohibited in 
the above described area.
    (2) The regulations in this section shall be enforced by the 
Facility Director, Naval Surface Warfare Center, Detachment Dania, 
Florida, and such agencies as he/she may designate.
    7. Amend Sec.  334.610 by revising paragraph (a)(6) to read as 
follows:


Sec.  334.610  Key West Harbor, at U.S. Naval Base, Key West, Fla.; 
naval restricted areas and danger zone.

    (a) The areas. * * *
    (6) Danger zone. All waters within an area along the northeast side 
of the Naval Air Station on Boca Chica Key defined by a line beginning 
at latitude 24[deg]35.472' N., longitude 81[deg]41.824' W.; thence 
proceed in a northerly direction to a point at latitude 24[deg]36.289' 
N., longitude 81[deg]41.437' W.; thence proceed westerly to a point at 
latitude 24[deg]36.392' N., longitude 81[deg]41.970' W.; thence to a 
point on shore at latitude 24[deg]35.698' N., longitude 81[deg]41.981' 
W.
* * * * *
    8. Add Sec.  334.635 to read as follows:


Sec.  334.635  Hillsborough Bay and waters contiguous to MacDill Air 
Force Base, Fla.; restricted area.

    (a) The area. The restricted area shall encompass all navigable 
waters of the United States, as defined at part 329 of this title, 
within the following boundaries. Commencing from the shoreline at the 
northeast portion of the base at latitude 27[deg]51'52.901'' N., 
longitude 82[deg]29'18.329'' W., thence directly to latitude 
27[deg]52'00.672'' N., longitude 82[deg]28'51.196'' W., thence directly 
to latitude 27[deg]51'28.859'' N., longitude 82[deg]28'10.412'' W., 
thence directly to latitude 27[deg]51'01.067'' N., longitude 
82[deg]27'45.355'' W., thence directly to latitude 27[deg]50'43.248'' 
N., longitude 82[deg]27'36.491'' W., thence directly to latitude 
27[deg]50'19.817'' N., longitude 82[deg]27'35.466'' W., thence directly 
to latitude 27[deg]49'38.865'' N., longitude 82[deg]27'43.642'' W., 
thence directly to latitude 27[deg]49'20.204'' N., longitude 
82[deg]27'47.517'' W., thence directly to latitude 27[deg]49'06.112'' 
N., longitude 82[deg]27'52.750'' W., thence directly to latitude 
27[deg]48'52.791'' N., longitude 82[deg]28'05.943'' W., thence directly 
to latitude 27[deg]48'45.406'' N., longitude 82[deg]28'32.309'' W., 
thence directly to latitude 27[deg]48'52.162'' N., longitude 
82[deg]29'26.672'' W., thence directly to latitude 27[deg]49'03.600'' 
N., longitude 82[deg]30'23.629'' W., thence directly to latitude 
27[deg]48'44.820'' N., longitude 82[deg]31'10.000'' W., thence directly 
to latitude 27[deg]49'09.350'' N., longitude 82[deg]32'24.556'' W., 
thence directly to latitude 27[deg]49'38.620'' N., longitude 
82[deg]33'02.444'' W., thence directly to latitude 27[deg]49'56.963'' 
N., longitude 82[deg]32'45.023'' W., thence directly to latitude 
27[deg]50'05.447'' N., longitude 82[deg]32'48.734'' W., thence directly 
to latitude 27[deg]50'33.715'' N., longitude 82[deg]32'45.220'' W., 
thence directly to a point on the western shore of the base at latitude 
27[deg]50'42.836'' N., longitude 82[deg]32'10.972'' W. The

[[Page 15249]]

restricted area will encompass an existing Danger Zone (Sec.  334.630).
    (b) The regulations. (1) All persons, vessels, and other craft are 
prohibited from entering, transiting, anchoring, or drifting within the 
area described in paragraph (a) of this section for any reason without 
the permission of the Commander, MacDill Air Force Base, Florida, or 
his/her authorized representative.
    (2) The restriction noted in paragraph (b)(1) of this section is in 
effect 24 hours a day, 7 days a week.
    (c) Enforcement. The regulations in this section shall be enforced 
by the Commander, MacDill Air Force Base, Florida, and/or such persons 
or agencies as he/she may designate.
    9. Amend Sec.  334.760 by revising paragraphs (a) and (b) to read 
as follows:


Sec.  334.760  Naval Support Activity Panama City and Alligator Bayou, 
a tributary of St. Andrew Bay, Fla.; naval restricted area.

    (a) The area. The waters within an area beginning at a point 
located along the shore at the southern end of the facility designated 
by latitude 30[deg]09'45.6'' N., longitude 85[deg]44'20.6'' W.; thence 
proceed 100 feet waterward of the mean high water line directly to a 
point at latitude 30[deg]09'46.8'' N., longitude 85[deg]44'20.6'' W. 
From this position the line meanders irregularly, following the 
shoreline at a minimum distance of 100 feet from the mean high water 
line to a point at latitude 30[deg]10'16.7'' N., longitude 
85[deg]45'01.2'' W. located east of the south side of the entrance to 
Alligator Bayou; thence directly across the entrance to a point at 
latitude 30[deg]10'23.4'' N., longitude 85[deg]45'05.7'' W. located 
east of the north side of the entrance to Alligator Bayou; thence 
continuing the northerly meandering, following the shoreline at a 
minimum distance of 100 feet from the mean high water line to a point 
at latitude 30[deg]11'11.3'' N., longitude 85[deg]45'02.8'' W.; thence 
directly to the shoreline to a point at latitude 30[deg]11'12.3'' N., 
longitude 85[deg]45'03.2'' W. This encompasses an area reaching from 
the southern extent described to the northern extent described and 
extending from the mean high water line waterward a minimum distance of 
approximately 100 feet.
    (b) The regulations. (1) No vessel, person, or other craft shall 
enter, transit, anchor, drift or otherwise navigate within the area 
described in paragraph (a) of this section for any reason without 
written permission from the Officer in Charge, Naval Support Activity 
Panama City, Panama City Beach, Florida, or his/her authorized 
representative.
    (2) The restriction noted in paragraph (b)(1) of this section is in 
effect 24 hours a day, 7 days a week.
    (3) The regulations in this section shall be enforced by the 
Officer in Charge, Naval Support Activity Panama City, Panama City 
Beach Florida, and such agencies as he/she may designate.
    10. Amend Sec.  334.775 by revising paragraphs (a) and (b) to read 
as follows:


Sec.  334.775  Naval Air Station Pensacola, Pensacola Bay, Pensacola 
and Gulf Breeze, Fla.; naval restricted area.

    (a) The areas. (1) Bounded by a line drawn in the direction of 
180[deg] T from the position latitude 30[deg]203[min]44[sec] N., 
longitude 87[deg]17[min]18[sec] W. (near the Naval Air Station, due 
south of the Officer's Club) to position latitude 30[deg]20[min]09[sec] 
N., longitude 87[deg]17[min]18[sec] W. thence 94[deg] T to position 
latitude 30[deg]20[min]07[sec] N., longitude 87[deg]16[min]41[sec] W., 
thence 49[deg] T to position latitude 30[deg]20[min]37[sec] N., 
longitude 87[deg]16[min]01[sec] W. (southwest end of Lexington finger 
pier), thence along the shoreline to point of origin.
    (2) The waters within an area enclosed by the following points: 
Beginning at latitude 30[deg]21.58' N., longitude 87[deg]12.49' W.; 
thence to latitude 30[deg]20.25' N., longitude 87[deg]11.00' W.; thence 
to latitude 30[deg]20.28' N., longitude 87[deg]14.27' W.; thence to the 
point of beginning. This encompasses a large triangular area north of 
Santa Rosa Island and west of the land area between Fair Point and Deer 
Point.
    (b) The restrictions. (1) The area described in paragraph (a)(1) of 
this section will normally be in use Monday through Wednesday between 8 
a.m. and 4 p.m. and one evening from 4 p.m. until 8 p.m., every other 
week.
    (2) The area described in paragraph (a)(2) of this section will 
normally be utilized Wednesday through Friday between 8 a.m. and 4 p.m. 
for parasail operations.
    (3) During those times that specific missions, exercises, or 
training operations are being conducted, the U.S. Navy vessels and/or 
crafts designated as essential to the operation(s) by proper U.S. Navy 
authority shall have the rights-of-way. All other vessels and crafts 
are required to keep clear of and remain 300 yards from all naval 
vessels engaged in said operations. Approaching within 300 yards of 
vessels and/or crafts while they are engaged in operations and/or 
training exercises is prohibited.
    (4) Vessel traffic through the restricted area will remain open 
during operations and/or exercises; however, mariners shall exercise 
extreme caution and be on the lookout for swimmers, small craft, and 
helicopters when transiting the area. It should be presumed by all 
mariners that Navy operations and/or exercises are being conducted 
whenever military craft and/or helicopters are operating within the 
restricted area.
    (5) Any problems encountered regarding Navy operations/exercises 
within the restricted area should be addressed to ``Navy Pensacola 
Command'' on Channel 16 (156.6 MHz) for resolution and/or 
clarification.
    (6) The regulations in this section shall be enforced by the 
Commander of the Naval Air Station, Pensacola, Florida, and such 
agencies as he/she may designate.
    11. Amend Sec.  334.778 by revising paragraph (b) to read as 
follows:


Sec.  334.778  Pensacola Bay and the waters contiguous to Naval Air 
Station, Pensacola, FL; restricted area.

* * * * *
    (b) The regulations. (1) All persons, vessels, and other craft are 
prohibited from entering the waters described in paragraph (a) of this 
section for any reason. All vessels and craft, including pleasure 
vessels and craft (sailing, motorized, and/or rowed or self-propelled), 
private and commercial fishing vessels, other commercial vessels, 
barges, and all other vessels and craft, except vessels owned or 
operated by the United States and/or a Federal, State, or local law 
enforcement agency are restricted from transiting, anchoring, or 
drifting within the above described area, or within 500 feet of any 
quay, pier, wharf, or levee along the Naval Air Station Pensacola 
shoreline abutting, nor may such vessels or crafts or persons approach 
within 500 feet of any United States owned or operated vessel 
transiting, anchored, or moored within the waters described in 
paragraph (a) of this section. The Commanding Officer, Naval Air 
Station Pensacola, or his/her designee, or the Commanding Officer of a 
vessel of the United States operating within the said area, may grant 
special permission to a person, vessel, or craft to enter upon the 
waters subject to the restrictions aforementioned.
    (2) The existing ``Navy Channel'' adjacent to the north shore of 
Magazine Point, by which vessels enter and egress Bayous Davenport and 
Grande into Pensacola Bay shall remain open to all craft except in 
those extraordinary circumstances where the Commanding Officer, N.A.S. 
or his/her designee determines that risk to the installation, its 
personnel, or property is so great and so imminent that closing the 
channel to all but designated military craft is required for security 
reasons, or as directed by higher authority. This

[[Page 15250]]

section will not preclude the closure of the channel as part of a 
security exercise; however, such closures of said channel will be 
limited in duration and scope to the maximum extent so as not to 
interfere with the ability of private vessels to use the channel for 
navigation in public waters adjacent thereto not otherwise limited by 
this regulation.
    (3) The regulations in this section shall be enforced by the 
Commanding Officer of the Naval Air Station, Pensacola, Florida, and 
such agencies he/she may designate.
    12. Amend Sec.  334.780 by revising paragraphs (b)(1) through (3) 
to read as follows:


Sec.  334.780  Naval Air Station Pensacola, Pensacola, FL; restricted 
area.

* * * * *
    (b) The regulations. (1) The area is established as a Naval Air 
Station small boat operations and training area.
    (2) All persons, vessels, and other craft are prohibited from 
entering the waters described in paragraph (a) of this section for any 
reason. All vessels and craft, including pleasure vessels and craft 
(sailing, motorized, and/or rowed or self-propelled), private and 
commercial fishing vessels, other commercial vessels, barges, and all 
other vessels and craft, except vessels owned or operated by the United 
States and/or a Federal, State, or local law enforcement agency are 
restricted from entering, transiting, anchoring, drifting or otherwise 
navigating within the area described in paragraph (a) of this section.
    (3) The regulations in this section shall be enforced by the 
Commanding Officer, Naval Air Station Pensacola and/or such persons or 
agencies he/she may designate.

    Dated: March 16, 2005.
Michael B. White,
Chief, Operations, Directorate of Civil Works.
[FR Doc. 05-5905 Filed 3-24-05; 8:45 am]
BILLING CODE 3710-92-P