[Federal Register Volume 70, Number 214 (Monday, November 7, 2005)]
[Rules and Regulations]
[Pages 67370-67373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-22049]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 334


Restricted Areas at Multiple Military Sites Within the State of 
Florida

AGENCY: U.S. Army Corps of Engineers, DoD.

ACTION: Final rule.

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SUMMARY: The U.S. Army Corps of Engineers (Corps) is amending seven 
existing regulations to incorporate changes to the types of 
restriction, the area affected by the restriction, and/or the 
administration of six restricted areas and one danger zone. 
Additionally, the Corps is establishing two new restricted areas. The 
restricted areas and danger zone are located within the State of 
Florida. The amended 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.

EFFECTIVE DATE: December 7, 2005.

ADDRESSES: U.S. Army Corps of Engineers, ATTN: CECW-CO, 441 G Street, 
NW., Washington, DC 20314-1000.

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 amending the regulations in 33 CFR part 334 by 
modifying the area or restrictions at sections 334.560, 334.580, 
334.610, 334.760, 334.775, 334.778, and 334.780. Additionally, the 
Corps is establishing two new restricted areas at Sec.  334.635 and 
Sec.  334.515. The modification to each existing restricted area and 
danger zone is described in the body of this notice along with a 
description of the two newly established restricted areas. The proposed 
rule was published in the March 25, 2005, issue of the Federal Register 
(70 FR 15247).
    These amendments to the regulations will allow the Commanding 
Office at each of the affected military units to restrict passage of 
persons, watercraft, and vessels at his or her discretion in the 
interest of National Security until such time he or she determines such 
restrictions may be terminated.
    In response to the proposed rule, two commenters raised concerns 
about the amendment of Sec.  334.540, specifically the potential loss 
of public access to areas presently open to public recreational 
fishing. These issues are still being considered and the proposed 
changes to Sec.  334.540 are not included in this final rule. 
Therefore, the restricted area at Sec.  334.550 will not be 
disestablished, because we proposed to remove that section only if the 
proposed changes to Sec.  334.540 were adopted.

Procedural Requirements

    a. Review Under Executive Order 12866. These 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 rules have 
been reviewed under the Regulatory Flexibility Act (Public Law 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). We have concluded that the proposed 
modifications to the existing restricted areas and danger zone 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, we certify that these rules will not have a significant 
economic impact on a substantial number of small entities.
    c. Review Under the National Environmental Policy Act. We have 
concluded, based on the minor nature of the changes, that these 
amendments to the danger zone and restricted areas 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 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, 109 Stat. 48, 2 
U.S.C. 1501 et seq.). We have also found under Section 203 of

[[Page 67371]]

the Act, that small Governments will not be significantly or uniquely 
affected by this rule.

List of Subjects in 33 CFR Part 334

    Danger zones, Navigation (water), Restricted areas, Waterways.

0
For the reasons set out in the preamble, the Corps amends portions of 
33 CFR part 334 as follows:

PART 334--DANGER ZONE AND RESTRICTED AREA REGULATIONS

0
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).


0
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 33 CFR 329, within the area 
identified at the U.S. Marine Corps Slip (also identified as Back River 
on many nautical maps) located on the 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[min]34[sec] N., 
longitude 81[deg]30[min]52[sec] W.) and the southeasterly most shore 
point (latitude 30[deg]23[min]38[sec] N., longitude 
81[deg]30[min]36[sec] 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. The 
cognizant Captain of the Port (COTP) or Federal Maritime Security 
Coordinator (FMSC), in performance of Homeland Security 
responsibilities, may from time to time, need to investigate or cause 
to investigate incidents of national security with the Blount Island 
Command Restricted Area. Authority to enter the restricted area under 
mission critical situations is herby granted to the COTP or FMSC, or 
his representative. Situations that require COTP or FMSC to immediately 
access the restricted area shall be reported to the Commanding Officer, 
Blount Island Command as soon as practicable.
    (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.


0
3. 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[min]19[sec] N., longitude 
80[deg]36[min]28[sec] W.; proceed west to latitude 
28[deg]16[min]19[sec] N., longitude 80[deg]36[min]35[sec] W.; thence, 
southwesterly to latitude 28[deg]14[min]34[sec] N., longitude 
80[deg]37[min]08[sec] W.; thence, southerly to latitude 
28[deg]12[min]44[sec] N., longitude 80[deg]37[min]18[sec] W.; thence, 
east to latitude 28[deg]12[min]44[sec] N., longitude 
80[deg]37[min]11[sec] 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.


0
4. 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 of this section shall be enforced by the 
Facility Director, Naval Surface Warfare Center, Detachment Dania, 
Florida, and such agencies as he/she may designate.


0
5. 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[min] N., longitude 81[deg]41.824[min] W.; 
thence proceed in a northerly direction to a point at latitude 
24[deg]36.289[min] N., longitude 81[deg]41.437[min] W.; thence proceed 
westerly to a point at latitude 24[deg]36.392[min] N., longitude 
81[deg]41.970[min] W.; thence to a point on shore at latitude 
24[deg]35.698[min] N., longitude 81[deg]41.981[min] W.
* * * * *

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6. 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 33 CFR 329, 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 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.

[[Page 67372]]


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7. Revise Sec.  334.760 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.

0
8. Revise Sec.  334.775 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]20'44'' N., longitude 
87[deg]17'18'' W. (near the Naval Air Station, due south of the 
Officer's Club) to position latitude 30[deg]20'09'' N., longitude 
87[deg]17'18'' W. thence 94[deg] T to position latitude 30[deg]20'07'' 
N., longitude 87[deg]16'41'' W., thence 49[deg] T to position latitude 
30[deg]20'37'' N., longitude 87[deg]16'01'' 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.

0
9. 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 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.

0
10. Amend Sec.  334.780 by revising paragraph (b) to read as follows:


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

* * * * *

[[Page 67373]]

    (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: November 1, 2005.
Gerald W. Barnes,
Chief, Operations Division, Directorate of Civil Works.
[FR Doc. 05-22049 Filed 11-4-05; 8:45 am]
BILLING CODE 3710-92-P