[Federal Register Volume 75, Number 15 (Monday, January 25, 2010)]
[Proposed Rules]
[Pages 3883-3885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-1295]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 334


Restricted Areas and Danger Zone at Naval Station Mayport, FL

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

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 
revise the existing regulations for a restricted area and establish a 
danger zone in the waters adjacent to and within the boundaries of 
Naval Station (NAVSTA) Mayport in Florida. The NAVSTA is the third 
largest naval facility in the continental United States and is unique 
in that it is home to a busy seaport as well as an air facility which 
conducts more than 135,000 flight operations each year. This amendment 
to the existing regulation is necessary to enhance the safety of the 
local community by ensuring safe navigation of the adjacent waterways, 
to preserve military security force protection measures, and adhere to 
military munitions regulations.

DATES: Written comments must be submitted on or before February 24, 
2010.

ADDRESSES: You may submit comments, identified by docket number COE-
2009-0063 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-2009-0063 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-2009-0063. 
All comments received will be included in the public docket without 
change and may be made available on-line at http://www.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 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.

FOR FURTHER INFORMATION CONTACT: Mr. David Olson, Headquarters, 
Operations and Regulatory Community of Practice, 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 regulations at 33 CFR 
part 334 by expanding the existing restricted area as well as 
establishing two new restricted areas and a new danger zone in Florida 
within the NAVSTA Mayport facilities and along the facility shoreline. 
The amendment to the existing regulation will allow the Commanding 
Officer, NAVSTA Mayport to restrict passage of persons, watercraft, and 
vessels in waters contiguous to his Command to meet Department of 
Defense directive O-2000.12-H Chapter C22.14 and United States Fleet 
Forces Antiterrorism Operation Order 3300-09 requirements for Waterside 
Security and Naval Vessel Protection Zones. The amendment is also 
intended to address public safety concerns associated with increased 
vessel traffic in the waterways adjacent to the NAVSTA Mayport 
facility, especially during munitions movement in and around the 
munitions wharves.

Procedural Requirements

    a. Review Under Executive Order 12866. The proposed rule is issued 
with respect to a military function of the Department of Defense and 
the provisions of Executive Order 12866 do not apply.
    b. Review Under the Regulatory Flexibility Act. The proposed rule 
has 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 
comment period, the Corps expects that the proposed rule would have 
practically no economic impact on the public, or result in no 
anticipated navigational hazard or interference with

[[Page 3884]]

existing waterway traffic. This proposed rule, if adopted, will have no 
significant economic impact on small entities.
    c. Review Under the National Environmental Policy Act. Due to the 
administrative nature of this action and because there is no intended 
change in the use of the area, the Corps expects that this regulation, 
if adopted, will not have a significant impact on 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.
    d. Unfunded Mandates Act. This proposed rule does not contain a 
Federal mandate that may result in expenditures of $100 million or more 
for State, local, and Tribal governments, in the aggregate, or the 
private sector in any one year. Therefore, this proposed rule is not 
subject to the requirements of Sections 202 and 205 of the Unfunded 
Mandates Reform Act (UMRA). The proposed rule contains no regulatory 
requirements that might significantly or uniquely affect small 
governments. Therefore, the proposed rule is not subject to the 
requirements of Section 203 of UMRA.

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 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. Revise Sec.  334.500 to read as follows:


Sec.  334.500  St. Johns River, Atlantic Ocean, Sherman Creek; 
restricted areas and danger zone, Naval Station Mayport, Florida.

    (a) The areas. (1) The St. Johns River restricted area and the 
Atlantic Ocean restricted area described in paragraphs (a)(2) and 
(a)(3) of this section, respectively, are contiguous but each area is 
described separately for clarification.
    (2) St. Johns River restricted area. This restricted area shall 
encompass all navigable waters of the United States, as defined at 33 
CFR 329, within the area bounded by a line connecting the following 
coordinates: Commencing from the shoreline at latitude 
30[deg]23[min]52.97[sec] N, longitude 081[deg]25[min]36.51[sec] W; 
thence to latitude 30[deg]23[min]56.71[sec] N, longitude 
081[deg]25[min]36.51[sec] W; then the line meanders irregularly, 
following the shoreline at a distance of 380 feet seaward from the mean 
high water line to a point at latitude 30[deg]23[min]54.20[sec] N, 
longitude 081[deg]24[min]14.11[sec] W, thence proceed directly to 
latitude 30[deg]23[min]46.33[sec] N, longitude 
081[deg]24[min]03.73[sec] W, then the line meanders irregularly, 
following the shoreline at a distance of 380 feet seaward from the mean 
high water line to a point at latitude 30[deg]23[min]53.08[sec] N, 
longitude 081[deg]23[min]34.00[sec] W, thence following the arc of a 
circle with a radius of 466 feet, centered at latitude 
30[deg]23[min]48.52[sec] N, longitude 081[deg]23[min]33.30[sec] W, to a 
point on the jetty at latitude 30[deg]23[min]50.06[sec] N, longitude 
081[deg]23[min]28.26[sec] W.
    (3) Atlantic Ocean restricted area. From the last point identified 
in paragraph (a)(2) of this section, latitude 30[deg]23[min]50.06[sec] 
N, longitude 081[deg]23[min]28.26[sec] W, proceed to a point at 
latitude 30[deg]23[min]49.12[sec] N, longitude 81[deg]23[min]28.10[sec] 
W, then the line meanders irregularly, following the shoreline at a 
distance of 380 feet seaward from the mean high water line to a point 
at latitude 30[deg]22[min]54.37[sec] N, longitude 
081[deg]23[min]44.09[sec] W, thence proceed directly to shore to 
terminate at latitude 30[deg]22[min]54.46[sec] N, longitude 
081[deg]23[min]48.44[sec] W.
    (4) Sherman Creek restricted area. This restricted area shall 
encompass all navigable waters of the United States, as defined at 33 
CFR 329, to include Sherman Creek, its tributaries and associated tidal 
marshes located within the NAVSTA Mayport area boundaries described in 
this section. The restricted area is completely encircled by roadways 
and is bordered on the south by Wonderwood Expressway, on the west by 
SR A1A, on the north by Perimeter Road, and on the east by Mayport 
Road.
    (5) Danger zone. The danger zone shall encompass all navigable 
waters of the United States, as defined at 33 CFR 329, within the area 
bounded by a line connecting the following coordinates: Commencing from 
the shoreline at latitude 30[deg]24[min]00.31[sec] N, longitude 
081[deg]25[min]06.02[sec] W; thence to latitude 
30[deg]24[min]11.16[sec] N, longitude 081[deg]25[min]03.90[sec] W; 
thence to latitude 30[deg]24[min]00.62[sec] N, longitude 
081[deg]24[min]10.13[sec] W; thence to a point on the shoreline riprap 
at latitude 30[deg]23[min]41.26[sec] N, longitude 
081[deg]24[min]08.82[sec] W.
    (b) The regulations. (1) St. Johns River restricted area. All 
persons, vessels, or other craft are prohibited from entering, 
transiting, drifting, dredging or anchoring within the area described 
in paragraph (a)(2) of this section without the permission of the 
Commanding Officer, NAVSTA Mayport, Florida, or his/her authorized 
representative. This restriction will be in place 24 hours a day, seven 
days a week. Warning signs notifying individuals of the restricted area 
boundary and prohibiting entry into the area will be posted at 500-foot 
intervals along the property boundary.
    (2) Atlantic Ocean restricted area. All persons, vessels, or other 
craft are prohibited from entering, transiting, drifting, dredging or 
anchoring within the area described in paragraph (a)(3) of this section 
without the permission of the Commanding Officer, NAVSTA Mayport, 
Florida, or his/her authorized representative. This restriction will be 
in place 24 hours a day, seven days a week. Warning signs notifying 
individuals of the restricted area boundary and prohibiting entry into 
the area will be posted at 500-foot intervals along the property 
boundary.
    (3) Sherman Creek restricted area. All persons, vessels, or other 
craft are prohibited from entering, transiting, drifting, dredging or 
anchoring within the area described in paragraph (a)(4) of this section 
without the permission of the Commanding Officer, NAVSTA Mayport, 
Florida, or his/her authorized representative. This restriction will be 
in place 24 hours a day, seven days a week. Warning signs notifying 
individuals of the restricted area boundary and prohibiting entry into 
the area will be posted at 500-foot intervals along the property 
boundary where practicable (i.e., not in the wetlands). Additionally, a 
floating Small Craft Intrusion Barrier will be placed across Sherman 
Creek just east of the A1A bridge and another will be placed across 
tributaries to Sherman Creek just north of the Wonderwood Expressway.
    (4) Danger zone. During periods of munitions movement at wharves 
Bravo and Charlie, no person or vessel shall be allowed to remain 
within the 1,250-foot Explosive Safety Quantity-Distance arcs generated 
by the activity. NAVSTA Mayport will not announce or publish 
notification prior to enforcing this regulation due to the unacceptable 
security threat posed by advance public notice of military munitions 
movements.
    (c) Enforcement. The regulations in this section shall be enforced 
by the Commanding Officer, NAVSTA Mayport, Florida and/or such persons 
or agencies as he/she may designate. Military vessels will patrol the 
areas identified in this section 24 hours a day, 7 days a week. Any 
person or vessel encroaching within the areas identified in this 
section will be asked to immediately leave the area. Failure to

[[Page 3885]]

do so will result in the forceful removal of the person or vessel from 
the area in question.

    Dated: January 19, 2010.
Jonathan A. Davis,
Deputy Chief, Operations, Directorate of Civil Works.
[FR Doc. 2010-1295 Filed 1-22-10; 8:45 am]
BILLING CODE 3720-58-P