[Federal Register Volume 78, Number 90 (Thursday, May 9, 2013)]
[Proposed Rules]
[Pages 27126-27128]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-11060]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 334


East Bay, St. Andrews Bay and the Gulf of Mexico at Tyndall Air 
Force Base, Florida; Restricted Areas

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 revising an existing restricted area regulation and 
establishing six new restricted areas along the Tyndall Air Force Base 
(AFB) facility shoreline. Tyndall AFB is surrounded on three sides by 
water with approximately 129 miles of unprotected coastline. This 
includes several areas where the lack of security or lack of 
restriction on access to these areas leaves Tyndall AFB personnel and 
resources vulnerable to unauthorized activities. This amendment is 
necessary to implement an enhanced security plan for Tyndall AFB, which 
includes four new permanent restricted areas and the ability to 
activate two additional restricted areas as local and national 
intelligence threat evaluations dictate.

DATES: Written comments must be submitted on or before June 10, 2013.

ADDRESSES: You may submit comments, identified by docket number COE-
2013-0003, by any of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
    Email: [email protected]. Include the docket number, 
COE-2013-0003, 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-2013-0003. 
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 
email. 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 email 
directly to the Corps without going through regulations.gov, your email 
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 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: 

Executive Summary

    The purpose of this regulatory action is to establish four new 
permanent restricted areas in the waters surrounding Tyndall AFB to 
counter postulated threats against their personnel and equipment at 
those sites. Additionally, this regulatory action would establish two 
additional restricted areas which would be activated under conditions 
of heighten security risks and provide an administrative correction to 
the existing regulation at 33 CFR 334.660.
    The Corps authority to establish these restricted areas is 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).

Background

    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 revise the regulations at 33 CFR part 334 by establishing 
a total of six new restricted areas in the waters surrounding Tyndall 
AFB. This amendment to the existing regulation will allow the 
Commander, Tyndall

[[Page 27127]]

AFB to restrict the passage of persons, watercraft, and vessels in 
waters contiguous to this facility thereby providing greater security 
for personnel and equipment. The administrative correction at 33 CFR 
334.660(b)(3) will clarify who is responsible for enforcing the 
provisions of Sec.  334.660.

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 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

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. In Sec.  334.660, revise paragraph (b)(3) to read as follows:


Sec.  334.660  Gulf of Mexico and Apalachicola Bay south of 
Apalachicola, Fla., Drone Recovery Area, Tyndall Air Force Base, Fla.

* * * * *
    (b) * * *
    (3) The regulations in this section shall be enforced by the 
Installation Commander, Tyndall Air Force Base, Florida, and such other 
agencies as he/she may designate.
0
3. Add Sec.  334.665 to read as follows:


Sec.  334.665  East Bay, St. Andrews Bay and the Gulf of Mexico, 
Restricted Areas, Tyndall Air Force Base, (AFB), Fla.

    (a) The areas. (1) The coordinates provided herein are 
approximations obtained using a commercial mapping program which 
utilizes Simple Cylindrical projection with a WGS84 datum for its 
imagery base and imagery dated January 1, 2012.
    (2) The areas described in paragraphs (a)(3)(i) through (iv) of 
this section will have restricted access on a permanent basis while the 
areas described in paragraphs (a)(4)(iii) and (iv) of this section will 
be activated when the need for heighten security measures is 
anticipated.
    (3) Permanent Restricted Areas. (i) Military Point. The restricted 
area shall encompass all navigable waters of the United States as 
defined at 33 CFR part 329 within the area bounded by a line connecting 
the following coordinates: Commencing from the mean high water line at 
approximately 30[deg]07'23.23'' N, 85[deg]37'36.91'' W thence directly 
to 30[deg]07'27.97'' N, 85[deg]37'38.45'' W, the line then meanders 
irregularly following the shoreline at a distance of 500 feet waterward 
from the mean high water line to 30[deg]07'17.91'' N, 85[deg]37'04.04'' 
W thence proceeding directly to the mean high water line at 
approximately 30[deg]07'19.02'' N, 85[deg]37'09.60'' W. The area also 
includes all contiguous inland navigable waters which lie within the 
land boundaries of Tyndall AFB.
    (ii) Fred Bayou/Fuels Area. The restricted area shall encompass all 
navigable waters of the United States as defined at 33 CFR part 329 
within the area bounded by a line connecting the following coordinates: 
Commencing from the mean high water line at approximately 
30[deg]05'46.02'' N, 85[deg]35'20.33'' W thence directly to 
30[deg]05'49.40'' N, 85[deg]35'20.49'' W, the line then meanders 
irregularly following the shoreline at a distance of 500 feet waterward 
from the mean high water line to 30[deg]05'42.05'' N, 85[deg]34'20.40'' 
W thence proceeding directly to the mean high water line at 
approximately 30[deg]05'37.14'' N, 85[deg]34'21.20'' W. The area also 
includes all contiguous inland navigable waters which lie within the 
land boundaries of Tyndall AFB.
    (iii) Little Cedar Bayou/Flight Line. The restricted area shall 
encompass all navigable waters of the United States as defined at 33 
CFR part 329 within the area bounded by a line connecting the following 
coordinates: Commencing from the mean high water line at approximately 
30[deg]04'59.40'' N, 85[deg]33'29.12'' W thence directly to 
30[deg]05'03.65'' N, 85[deg]33'26.21'' W, the line then meanders 
irregularly following the shoreline at a distance of 500 feet waterward 
from the mean high water line to 30[deg]05'00.63'' N, 85[deg]33'23.58'' 
W thence continuing in a westerly direction maintaining a standoff 
distance of 500 feet from the mean high water line to 30[deg]04'59.82'' 
N, 85[deg]33'18.40'' W thence proceeding directly to the mean high 
water line at approximately 30[deg]04'55.88'' N, 85[deg]33'21.79'' W. 
The area also includes all contiguous inland navigable waters which lie 
within the land boundaries of Tyndall AFB.
    (iv) Silverflag/Baker Bayou. The restricted area shall encompass 
all navigable waters of the United States as defined at 33 CFR part 329 
within the area bounded by a line connecting the following coordinates: 
Commencing from the mean high water line at approximately 
30[deg]01'23.75'' N, 85[deg]29'04.94'' W thence directly to 
30[deg]01'26.71'' N, 85[deg]29'00.37'' W, the line then meanders 
irregularly following the shoreline at a distance of 500 feet waterward 
from the mean high water line to 30[deg]01'23.95'' N, 85[deg]29'00.09'' 
W thence continuing in a westerly direction maintaining a standoff 
distance of 500 feet from the mean high water line to 30[deg]01'22.35'' 
N, 85[deg]28'54.04'' W thence proceeding directly to the mean high 
water line at approximately 30[deg]01'20.13'' N, 85[deg]29'02.21'' W. 
The area also includes all contiguous inland navigable waters which lie 
within the land boundaries of Tyndall AFB.

[[Page 27128]]

    (4) Enhanced Security Restricted Areas. (i) Portions of the 
restricted areas described in paragraphs (a)(4)(iii) and (iv) of this 
section include barrier islands. Because of the dynamic nature of these 
geographic features the coordinate points provided may not reflect the 
current situation regarding the location of a point at the mean high 
water line or 500 feet waterward of the mean high water line. Even if 
the landform has shifted, the intent of the area description will be 
enforced from the existing point at the mean high water line that is 
closest to that provided herein out to a point located 500 feet 
waterward of the mean high water line.
    (ii) The regulations for the Enhanced Security Restricted Areas 
described in paragraphs (a)(4)(iii) and (iv) of this section will 
include the use of the term ``Military Security Buffer.'' For the 
purposes of this regulation a Military Security Buffer is considered to 
be a 500 foot wide buffer area surrounding any United States owned or 
operated vessel anchoring or mooring within the active Enhanced 
Security Restricted Area.
    (iii) St. Andrew Bay and East Bay. Unless otherwise noted, the 
boundary for the area described herein is determined by a line 
paralleling the shoreline at a distance of 500 feet waterward of the 
mean high water line which connects the coordinate points provided. The 
restricted area shall encompass all navigable waters of the United 
States as defined at 33 CFR part 329 within the area bounded by a line 
connecting the following coordinates: Commencing from the mean high 
water line at approximately 30[deg]05'30.53'' N, 85[deg]40'39.00'' W 
thence directly to 30[deg]05'35.44'' N, 85[deg]40'39.64'' W, thence to 
30[deg]04'09.10'' N, 85[deg]37'07.06'' W thence directly to 
30[deg]04'13.17'' N, 85[deg]36'55.97'' W thence to 30[deg]08'00.33'' N, 
85[deg]39'50.96'' W thence to 30[deg]06'09.36'' N, 85[deg]36'54.80'' W 
thence to 30[deg]03'33.50'' N, 85[deg]32'10.43'' W thence to 
30[deg]02'17.86'' N, 85[deg]30'24.92'' W thence directly to 
30[deg]02'11.97'' N, 85[deg]30'23.13'' W thence to 30[deg]01'55.71'' N, 
85[deg]29'51.28'' W thence to 30[deg]01'00.38'' N, 85[deg]27'59.87'' W 
thence to 30[deg]01'13.92'' N, 85[deg]26'54.47'' W thence proceeding 
directly to the mean high water line at approximately 30[deg]01'09.00'' 
N, 85[deg]26'55.00'' W. The area also includes all contiguous inland 
navigable waters which lie within the land boundaries of Tyndall AFB.
    (iv) Gulf of Mexico and St. Andrew Sound. Unless otherwise noted, 
the boundary for the area described herein is determined by a line 
paralleling the shoreline at a distance of 500 feet waterward of the 
mean high water line which connects the coordinate points provided. The 
restricted area shall encompass all navigable waters of the United 
States as defined at 33 CFR part 329 within the area bounded by a line 
connecting the following coordinates: Commencing from the mean high 
water line at approximately 29[deg]57'13.00'' N, 85[deg]26'42.00'' W 
thence directly to 29[deg]57'08.00'' N, 85[deg]26'42.00'' W, thence to 
29[deg]57'56.43'' N, 85[deg]28'29.36'' W thence to 29[deg]59'02.13'' N, 
85[deg]30'05.21'' W thence directly to 29[deg]59'09.05'' N, 
85[deg]30'10.25'' W thence to 30[deg]03'07.93'' N, 85[deg]35'01.75'' W 
thence to 30[deg]05'13.12'' N, 85[deg]40'40.00'' W thence proceeding 
directly to the mean high water line at approximately 30[deg]05'18.00'' 
N, 85[deg]40'39.00'' W. The area also includes all contiguous inland 
navigable waters which lie within the land boundaries of Tyndall AFB.
    (b) The regulations. (1) Permanent Restricted Areas. (i) For the 
areas identified in paragraphs (a)(3)(i) through (iv) of this section, 
all persons, vessels and craft, including pleasure vessels and crafts 
(sailing, motorized, and/or rowed/towed or otherwise self-propelled), 
private and commercial fishing vessels, other commercial vessels, 
barges and all other vessels and craft, except vessels owned, operated 
or contracted by the United States and/or a Federal, State, or local 
law enforcement agency, are restricted from transiting, anchoring, 
trawling, dredging, drifting or attaching any object to the submerged 
sea-bottom within the above described Permanent Restricted Areas.
    (ii) The Permanent Restricted Areas identified in paragraphs 
(a)(3)(i) through (iv) of this section are in effect 24 hours a day, 7 
days a week.
    (2) Enhanced Security Restricted Areas. (i) For the areas 
identified in paragraphs (a)(4)(iii) and (iv) of this section, a 500-
foot Military Security Buffer is automatically placed around any 
vessel, owned or operated by the United States, which is anchored or 
moored within an active Enhanced Security Restricted Area. The Military 
Security Buffer will extend the Enhanced Security Restricted Area 
beyond the perimeter boundary limits described in paragraphs 
(a)(4)(iii) and (iv) of this section for as long as the Enhanced 
Security Restricted Area is active and the vessel is anchored or 
moored.
    (ii) During times of heightened security threats against Tyndall 
AFB all persons, vessels and craft, including pleasure vessels and 
crafts (sailing, motorized, and/or rowed/towed or otherwise self-
propelled), private and commercial fishing vessels, other commercial 
vessels, barges and all other vessels and craft, except vessels owned, 
operated or contracted by the United States and/or a Federal, State, or 
local law enforcement agency, are restricted from transiting, 
anchoring, trawling, dredging, drifting or attaching any object to the 
submerged sea-bottom within the above described Enhanced Security 
Restricted Areas or the 500-foot Military Security Buffer established 
around any United States owned or operated vessel when it is anchored 
or moored within the active Enhanced Security Restricted Area.
    (iii) Due to the nature of these Enhanced Security Restricted 
Areas, closures may occur with little advance notice. Enhanced Security 
Restricted Areas will be activated based on local and national 
intelligence information related to threats against military 
installations and/or resources common to Tyndall AFB in concert with 
evaluations conducted by Tyndall AFB Threat Working Group and upon 
direction of the Installation Commander, Tyndall AFB. Public 
notification of Enhanced Security Restricted Area activation will be 
made via marine VHF broadcasts (channels 13 and 16), local notice to 
mariners, local news media through Air Force Public Affairs 
notifications and on-scene oral notifications.
    (c) Enforcement. The regulations in this section shall be enforced 
by the Installation Commander, Tyndall AFB and/or such persons or 
agencies as he/she may designate. Military vessels may patrol the areas 
identified in paragraph (a) of this section at any time, 24 hours a 
day, 7 days a week. Any person or vessel encroaching within the 
permanent restricted areas or active Enhanced Security Restricted Areas 
identified in paragraph (a) of this section will be asked to 
immediately leave the area. Failure to do so may result in the issuance 
of a citation and/or the forceful removal of the person or vessel from 
the area in question.

    Dated: May 3, 2013.
James R. Hannon,
Chief, Operations and Regulatory Directorate of Civil Works.
[FR Doc. 2013-11060 Filed 5-8-13; 8:45 am]
BILLING CODE 3720-58-P