[Federal Register Volume 72, Number 137 (Wednesday, July 18, 2007)]
[Proposed Rules]
[Pages 39355-39357]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-13933]


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DEPARTMENT OF DEFENSE

Department of the Army; Corps of Engineers

33 CFR Part 334


United States Navy Restricted Area, Naval Support Activity, 
Panama City, FL

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 
establish ten restricted areas at Naval Support Activity (NSA), Panama 
City (PC), Florida. NSA, Panama City, and its major tenant command, the 
Naval Surface Warfare Center (NSWC), have been recognized as one of the 
lead research, development, test and evaluation laboratories of the 
U.S. Navy. In addition, the Naval Diving and Salvage Training Center 
(NDSTC) relocated from the Washington Navy Yard to NSA PC and now hosts 
a consolidated training for the U.S. Army Corps of Engineers, U.S. 
Coast Guard, the Navy's satellite dive schools, the U.S. Marine Corps 
and the U.S. Air Force. As such, a large majority of military dive 
training is now concentrated at NSA, PC. The proposed restricted areas 
in Panama City waters meet strict military training parameters that 
cannot be duplicated elsewhere. Military training in and around St. 
Andrews Bay has existed in harmony with local boat traffic and 
development since 1945. NSA, PC requests to formalize these ongoing 
activities within the waters of St. Andrews Bay in efforts to maximize 
public safety and to preserve current military training vital to the 
Global War on Terror and to all service military readiness.

DATES: Written comments must be submitted on or before August 17, 2007.

ADDRESSES: You may submit comments, identified by docket number COE-
2007-0017, by any of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
    E-mail: [email protected]. Include the docket number 
COE-2007-0017 in the subject line of the message.
    Mail: U.S. Army Corps of Engineers, Attn: CECW-CO (David B. Olson), 
441 G Street NW, Washington, DC 20314-1000.
    Hand Delivery/Courier: Due to security requirements, we cannot 
receive comments by hand delivery or courier.
    Instructions: Direct your comments to docket number COE-2007-0017. 
All comments received will be included in the public docket without 
change and may be made available on-line at http://regulations.gov, 
including any personal information provided, unless the commenter 
indicates that the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI, or otherwise protected, through regulations.gov or 
e-mail. The regulations.gov web site is an anonymous access system, 
which means we will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an e-
mail directly to the Corps without going through regulations.gov, your 
e-mail address will be automatically captured and included as

[[Page 39356]]

part of the comment that is placed in the public docket and made 
available on the Internet. If you submit an electronic comment, we 
recommend that you include your name and other contact information in 
the body of your comment and with any disk or CD-ROM you submit. If we 
cannot read your comment because of technical difficulties and cannot 
contact you for clarification, we may not be able to consider your 
comment. Electronic comments should avoid the use of any special 
characters, any form of encryption, and be free of any defects or 
viruses.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov. All documents in 
the docket are listed. Although listed in the index, some information 
is not publicly available, such as CBI or other information whose 
disclosure is restricted by statute. Certain other material, such as 
copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form.
    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, Headquarters, 
Operations and Regulatory Community of Practice, Washington, DC at 202-
761-4922 or Ms. Teresa Zar, U.S. Army Corps of Engineers, Jacksonville 
District, Panama City Regulatory Field Office at 850-763-0717 ext 26.

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 regulations in 33 CFR 
part 334 by establishing ten separate restricted areas.

Procedural Requirements

    a. Review Under Executive Order 12866. The proposed rules are 
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. The proposed rules 
have 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). Unless information is obtained to 
the contrary during the public notice comment period, the Corps expects 
that the economic impact of the proposed restricted areas would have 
practically no impact on the public, any anticipated navigational 
hazard or interference with existing waterway traffic. These proposed 
rules, if adopted, will have no significant economic impact on small 
entities.
    c. Review Under the National Environmental Policy Act. The Corps 
expects that these proposed regulations will not have a significant 
impact to the quality of the human environment and, therefore, 
preparation of an environmental impact statement will not be required. 
An environmental assessment will be prepared after the public notice 
period is closed and all comments have been received and considered. 
After it is prepared, it may be reviewed at the District office listed 
at the end of the FOR FURTHER INFORMATION CONTACT, above.
    d. Unfunded Mandates Act. These proposed rules do not impose an 
enforceable duty among the private sector and, therefore, are not a 
Federal private sector mandate and are 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 the Act, that small governments will not be 
significantly or uniquely affected by these rules.

List of Subjects in 33 CFR, Part 334

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

    For the reasons set out in the preamble, the Corps proposes to 
amend 33 CFR part 334 as follows:

PART 334--DANGER ZONE AND RESTRICTED AREA REGULATIONS

    1. The authority citation for 33 CFR 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. Add Sec.  334.761 to read as follows:


Sec.  334.761  Naval Support Activity Panama City; St. Andrews Bay; 
restricted areas.

    (a) The areas--(1) Area AP-1. Bounded by a line drawn in the 
direction of : latitude 30[deg]10'00'' N, longitude 085[deg]44'37'' W; 
latitude 30[deg]10'00'' N, longitude 085[deg]43'17'' W; latitude 
30[deg]09'51'' N, longitude 085[deg]43'17'' W; latitude 30[deg]09'50'' 
N, longitude 085[deg]44'37'' W. 1.259 nm @ 185[deg]T from center of 
Hathaway Bridge to NW corner; 1.659 nm @ 139[deg]T to NE corner; 1.788 
nm @ 143[deg]T to SE corner; 1.426 nm @ 183[deg]T to SW corner.
    (2) Area BA-1. Bounded by a line drawn in the direction of: 
latitude 30[deg]11'14'' N, longitude 085[deg]44'59'' W; latitude 
30[deg]11'13'' N, longitude 085[deg]44'32'' W; latitude 30[deg]10'31'' 
N, longitude 085[deg]44'32'' W; latitude 30[deg]10'32'' N, longitude 
085[deg]44'59'' W @ 0.432 nm @ 268[deg]T from center of Hathaway Bridge 
to NW corner; 63.8 yds @ 180[deg]T to NE corner; 0.726 nm @ 180[deg]T 
to SE corner; 0.825 nm @ 208[deg]T to SW corner.
    (3) Area BA-2. Bounded by a line drawn in the direction of: 
latitude 30[deg]11'13'' N, longitude 085[deg]44' 32'' W; latitude 
30[deg]11'7'' N, longitude 085[deg]44'0'' W; latitude 30[deg]10'32'' N, 
longitude 085[deg]44'0'' W; latitude 30[deg]10'31'' N, longitude 
085[deg]44'32'' W. 63.8 yds @ 180[deg]T from center of Hathaway Bridge 
to NW corner @ 0.489 nm @ 107[deg]T to NE corner; 0.861 nm @ 147[deg]T 
to SE corner; 0.726 nm @ 180[deg]T to SW corner.
    (4) Area BA-3. Bounded by a line drawn in the direction of: 
latitude 30[deg]10'32'' N, longitude 085[deg]44'59'' W; latitude 
30[deg]10'32'' N, longitude 085[deg]44'9'' W; latitude 30[deg]10'00'' 
N, longitude 085[deg]44'9'' W; latitude 30[deg]10' 00'' N, longitude 
085[deg]44'40'' W. 0.825 nm @ 208[deg]T from center of Hathaway Bridge 
to NW corner @ 0.797 nm @ 156[deg]T to NE corner; 1.303 nm @ 165[deg]T 
to SE corner; 1.266 nm @ 185[deg]T to SW corner.
    (5) Area BA-4. Bounded by a line drawn in the direction of: 
latitude 30[deg]10'32'' N, longitude 085[deg]44'9'' W; latitude 
30[deg]10'32'' N, longitude 085[deg]42'35 W; latitude 30[deg]10'0'' N, 
longitude 085[deg]42'35'' W; latitude 30[deg]10'00'' N, longitude 
085[deg]44'9'' W. 0.797 nm @ 156[deg]T from center of Hathaway Bridge 
to NW corner; 1.835 nm @ 113[deg]T to NE corner; 2.106 nm @ 127[deg]T 
to SE corner; 1.303 nm @ 165[deg]T to SW corner.
    (6) Area BA-5. Bounded by a line drawn in the direction of: 
latitude 30[deg]08'41'' N, longitude 085[deg]41'25'' W; latitude 
30[deg]08'8'' N, longitude 085[deg]40'48'' W; latitude 30[deg]07'0'' N, 
longitude 085[deg]42'29'' W; latitude 30[deg]07'31'' N, longitude 
085[deg]43'9'' W. 3.734 nm @ 134[deg]T from center of Hathaway Bridge 
to NW corner; 4.484 nm @ 134[deg]T to NE corner; 4.616 nm @ 157[deg]T 
to SE corner; 3.927 nm @ 162[deg]T to SW corner.
    (b) The restrictions. (1) For the purposes of this section, 
``military security zones'' are areas established by safety vessels 
that accompany each training exercise and ward off private boat traffic 
by offering them navigational advice to remain clear of the exercise.
    (2) Area AP-1. In the area described in paragraph (a)(1) of this 
section, non-residents (i.e., boat owners who do not own property south 
of the area

[[Page 39357]]

described in paragraph (a)(1) of this section) and their vessels may 
not enter or remain within the restricted area from 0700 hrs to 0400 
hrs. Residents and their vessels may not enter or remain within 
military security zones established in the restricted area during 
training events. All other civilian water-borne activities (fishing, 
trolling, waterskiing, jet-skiing, etc.) are prohibited in the 
restricted area during training activities.
    (3) Areas BA-1 through BA-5. In the areas described in paragraphs 
(a)(2) through (a)(6) of this section, no person or vessel may enter or 
remain within military security zones established in the restricted 
areas during training events. All other civilian water-borne activities 
(fishing, trolling, waterskiing, jet-skiing, etc.) are prohibited in 
the restricted areas during training activities.
    (c) Enforcement. 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.
    3. Add Sec.  334.762 to read as follows:


Sec.  334.762  Naval Support Activity Panama City; North Bay and West 
Bay; restricted areas.

    (a) The areas--(1) Area NB-1. Bounded by a line drawn in the 
direction of: latitude 30[deg]12'16'' N, longitude 085[deg]44'14'' W; 
latitude 30[deg]12'16'' N, longitude 085[deg]43'1'' W; latitude 
30[deg]11'16'' N, longitude 085[deg]44'14'' W; latitude 30[deg]11'17'' 
N, longitude 085[deg]44'49'' W. 1.046 nm @ 014[deg]T from center of 
Hathaway Bridge to NW corner; 1.662 nm @ 053[deg]T to NE corner; 0.262 
nm @ 087[deg]T to SE corner; 0.248 nm @ 278[deg]T to SW corner.
    (2) Area NB-2. Bounded by a line drawn in the direction of: 
latitude 30[deg]14'0'' N, longitude 085[deg]44'14'' W; latitude 
30[deg]14'0'' N, longitude 085[deg]41'51'' W; latitude 30[deg]12'16'' 
N, longitude 085[deg]43'1'' W; latitude 30[deg]12' 16'' N, longitude 
085[deg]44'14'' W. 2.762 nm @ 005[deg]T from center of Hathaway Bridge 
to NW corner; 3.584 nm @ 040[deg]T to NE corner; 1.662 nm @ 053[deg]T 
to SE corner; 1.046 nm @ 014[deg]T to SW corner.
    (3) Area NB-3. Bounded by a line drawn in the direction of: 
latitude 30[deg]16'10'' N, longitude 085[deg]46'52'' W; latitude 
30[deg]17' '' N, longitude 085[deg]45'34'' W; latitude 30[deg]14'56'' 
N, longitude 085[deg]43'45'' W; latitude 30[deg]14' 1'' N, longitude 
085[deg]44' 59'' W. 5.313 nm @ 338[deg]T from center of Hathaway Bridge 
to NW corner; 5.852 nm @ 351[deg]T to NE corner; 3.742 nm @ 010[deg]T 
to SE corner; 2.802 nm @ 352[deg]T to SW corner.
    (b) The restrictions. (1) In the areas described in paragraphs 
(a)(1) through (a)(3) of this section, no person or vessel may enter or 
remain within military security zones established in the restricted 
area during training events. For the purposes of this section, 
``military security zones'' are areas established by safety vessels 
that accompany each training exercise and ward off private boat traffic 
by offering them navigational advice to remain clear of the exercise. 
All other civilian water-borne activities (fishing, trolling, 
waterskiing, jet-skiing, etc.) are prohibited in the restricted areas 
during training activities.
    (c) Enforcement. 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.
    4. Add Sec.  334.763 to read as follows:


Sec.  334.763  Naval Support Activity Panama City; Gulf of Mexico; 
restricted area.

    (a) The area. Bounded by a line drawn in the direction of: latitude 
30[deg]10'29'' N, longitude 085[deg]48'20'' W; latitude 30[deg]07'58'' 
N, longitude 085[deg]44'44'' W; latitude 30[deg]05'24'' N, longitude 
085[deg]47'29'' W; latitude 30[deg]07'55'' N, longitude 085[deg]51'5'' 
W. 4.921 nm @ 312[deg]T from north jetty to St. Andrews Bay, (Colregs 
demarcation line) to NW corner; 0.944 nm @ 324[deg]T to NE corner; 
3.451 nm @ 238[deg]T to SE corner; 6.098 nm @ 277[deg]T to SW corner.
    (b) The restrictions. In the area described in paragraph (a)(2) of 
this section, no person or vessel may enter or remain within military 
security zones established in the restricted area during training 
events. For the purposes of this section, ``military security zones'' 
are areas established by safety vessels that accompany each training 
exercise and ward off private boat traffic by offering them 
navigational advice to remain clear of the exercise. All other civilian 
water-borne activities (fishing, trolling, waterskiing, jet-skiing, 
etc.) are prohibited in the restricted areas during training 
activities.
    (c) Enforcement. 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.

    Dated: July 13, 2007.
Lawrence A. Lang,
Acting Chief, Operations, Directorate of Civil Works.
 [FR Doc. E7-13933 Filed 7-17-07; 8:45 am]
BILLING CODE 3710-92-P