[Federal Register Volume 74, Number 219 (Monday, November 16, 2009)]
[Rules and Regulations]
[Pages 58848-58849]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-27487]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 334


Restricted Areas at Cape Canaveral Air Force Station, Patrick 
AFB, FL

AGENCY: United States Army Corps of Engineers, Department of Defense.

ACTION: Correcting amendments.

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SUMMARY: The U.S. Army Corps of Engineers (Corps) published a document 
in the Federal Register on July 23, 2009 (74 FR 36400), revising the 
restricted areas at Cape Canaveral Air Force Station, Patrick Air Force 
Base (AFB), Florida. The revision included the establishment of a 
restricted area within the waters of the Atlantic Ocean offshore of the 
Cape Canaveral Air Force Station. The regulation included information 
regarding the boundaries of the new restricted area, including a 
reference to the offshore (eastern) boundary as being 1.5 miles 
offshore of the mean high water line. The final rule did not reference 
the type of mile unit to be used for the boundary line of the 
restricted area. The intent was to use nautical miles as the unit type. 
Since the use of nautical miles changes the coordinates for the 
northeast and southeast corner points of the restricted area, we are 
also correcting those coordinates. This document corrects the final 
regulation by revising this section.

DATES: Effective date: November 16, 2009.

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

SUPPLEMENTARY INFORMATION: On July 23, 2009 (74 FR 36400), the Corps 
published a document in the Federal Register establishing a new 
restricted area at Cape Canaveral Air Force Station, Patrick AFB, 
Florida. Section 334.595(a) of the final rule did not specify the type 
of mile unit to use to define the area. Nautical miles are to be used 
to define this restricted area. Since the use of nautical miles changes 
the coordinates for the northeast and southeast corner points of this 
restricted

[[Page 58849]]

area, we are also correcting those coordinates. In Sec.  334.595(a) the 
coordinates of the northeast and southeast corner points of the 
restricted area are latitude 28[deg]35.716' N, longitude 80[deg]32.938' 
W and latitude 28[deg]24.187' N, longitude 80[deg]33.443' W, 
respectively.

List of Subjects in 33 CFR Part 334

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


0
Accordingly, 33 CFR part 334 is corrected by making the following 
correcting amendments:

PART 334--DANGER ZONE AND RESTRICTED AREA REGULATIONS

0
1. The authority citation for 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).


0
2. Revise paragraph (a) of Sec.  334.595 to read as follows:


Sec.  334.595  Atlantic Ocean off Cape Canaveral; 45th Space Wing, Cape 
Canaveral Air Force Station, FL.; Restricted Area.

    (a) The area. The restricted area shall encompass all navigable 
waters of the United States, as defined at 33 CFR part 329, contiguous 
to the area offshore of Cape Canaveral Air Force Station, Florida. The 
area is bounded by a line connecting the following coordinates: 
Commencing from the shoreline at the northwest portion of the area, at 
latitude 28[deg]35.008' N, longitude 80[deg]34.448' W, thence directly 
to latitude 28[deg]35.716' N, longitude 80[deg]32.938' W, thence 
following the mean high water line at a distance of 1.5 nautical miles 
offshore proceed southerly to a point at latitude 28[deg]24.187' N, 
longitude 80[deg]33.443' W, thence proceeding westerly to terminate at 
a point on the shoreline at latitude 28[deg]24.69' N, longitude 
80[deg]35.05' W.
* * * * *

    Dated: November 5, 2009.
Michael G. Ensch,
Chief, Operations, Directorate of Civil Works.
[FR Doc. E9-27487 Filed 11-13-09; 8:45 am]
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