[Federal Register Volume 80, Number 177 (Monday, September 14, 2015)]
[Proposed Rules]
[Pages 55052-55055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-23030]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 334


Gulf of Mexico, Apalachicola Bay, East Bay, St. Andrew Bay and 
St. Andrew Sound at Tyndall Air Force Base, Florida; Restricted Areas

AGENCY: U.S. 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 amend 
its regulations by revising an existing restricted area regulation and 
establishing a new restricted area along portions of the Tyndall Air 
Force Base (AFB) facility shoreline that will be activated on a 
temporary basis. The duration of temporary restricted area activations 
will be limited to those periods where it is warranted or required by 
specific and credible security threats and will be inactive at all 
other times. The restricted area will be partitioned using 23 pairs of 
coordinates to facilitate quick geographic recognition. 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 threat security plan 
for Tyndall AFB which will allow temporary activation of one or more 
portions of the restricted area as necessary to provide the appropriate 
level of security required to address the specific and credible threat 
triggering

[[Page 55053]]

the need for activation. This proposal is an amended version of the 
proposal published in the Federal Register on May 9, 2013 (78 FR 
27126).

DATES: Written comments must be submitted on or before October 14, 
2015.

ADDRESSES: You may submit comments, identified by docket number COE-
2013-0003, by any of the following methods:
    Federal Rulemaking 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. Edward Sarfert, U.S. Army Corps of Engineers, 
Jacksonville District, Regulatory Division, Pensacola Regulatory Office 
at 850-439-9533.

SUPPLEMENTARY INFORMATION:

Executive Summary

    External reviews of security at Tyndall AFB identified the lack of 
jurisdiction to respond to threats from the waterways as a major 
weakness. Tyndall AFB does not currently have the authority to restrict 
access to the shoreline of Tyndall AFB if needed to respond to a 
security threat. The purpose of this regulatory action is to establish 
a restricted area in the waters surrounding portions of Tyndall AFB 
that would only be activated on a temporary basis in response to 
specific and credible security threats. Additionally this amendment 
provides an administrative correction to the existing regulation at 33 
CFR 334.660.
    The Corps authority to establish the restricted area 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 restricted area in the waters surrounding Tyndall AFB. This amendment 
will allow the Installation Commander, Tyndall AFB to temporarily 
restrict the passage of persons, watercraft, and vessels in waters 
contiguous to this facility when a specific and credible security 
threat is identified, providing greater security for personnel and 
equipment during those periods. The administrative correction at 33 CFR 
334.660(b)(3) will clarify who is responsible for enforcing the 
provisions of Sec.  334.660.
    This proposed rule replaces the proposed rule that was originally 
published in the May 9, 2013, issue of the Federal Register (78 FR 
27126). The Corps received many comments on that proposed rule, and 
after those comments were fully considered, Tyndall AFB made 
substantial changes to its request for a new restricted area. Those 
changes are incorporated into this proposed rule.

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. This rule has been 
reviewed under the Regulatory Flexibility Act (Pub. L. 96-354). The 
Regulatory Flexibility Act generally requires an agency to prepare a 
regulatory flexibility analysis of any rule subject to the notice-and-
comment rulemaking requirements under the Administrative Procedure Act 
or any other statute unless the agency certifies that the rule will not 
have a significant economic impact on a substantial number of small 
entities (i.e., small businesses and small governments). Tyndall AFB 
has approximately 129 miles of unprotected shoreline, including several 
areas where the lack of security or restriction on access leaves 
Tyndall AFB personnel and resources vulnerable to unauthorized 
activities. Therefore, the proposed restricted area regulation is 
necessary to implement an enhanced threat security plan for Tyndall AFB 
which will allow for the temporary activation of one or more portions 
of the restricted area as necessary to provide the appropriate level of 
security required to address the specific and credible threat 
triggering the need for the activation. The temporary restrictions in 
the proposed rule are also necessary to protect the public from 
potentially hazardous conditions that may develop as a result of 
military use of the area. When the restricted area is activated, small 
entities can continue to use the navigable waters surrounding Tyndall 
AFB that are outside of the restricted area. After considering the 
economic impacts of this proposed restricted area regulation on small 
entities, I certify that this action will not have a significant impact 
on a substantial number of small entities. We are interested in the 
potential impacts of the proposed regulation on small entities and 
welcome comments on issues related to such impacts.

[[Page 55054]]

    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 regulation does 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 the Act, that small governments will not be 
significantly or uniquely affected by this regulation.

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. Revise Sec.  334.660(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 federal 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. Andrew Bay and St. Andrew Sound, enhanced 
threat restricted area, Tyndall Air Force Base, Florida.

    (a) The area. (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 February 15 and May 3, 2014.
    (2) Each portion of the temporary restricted area described in 
paragraphs (a)(4)(i) through (xxiii) of this section shall encompass 
all navigable waters of the United States as defined at 33 CFR part 329 
within the area described and includes all contiguous inland navigable 
waters which lie within the land boundaries of Tyndall AFB.
    (3) Because of the dynamic nature of these geographic features near 
barrier islands, 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 through erosion or accretion, the intent of 
the area description will be enforced from the existing point at the 
mean high water line that is closest to the shoreline point provided 
herein out to a point located 500 feet waterward of the mean high water 
line.
    (4) The restricted area will be partitioned using 23 pairs of 
coordinates to facilitate quick geographic recognition. The first point 
in each pair of coordinates is located on the shoreline, and the second 
point is a point 500 feet waterward of the shoreline. From the first 
point in each pair of coordinates, a line meanders irregularly 
following the shoreline and connects to the first point in the next 
pair of coordinates. From the second point in each pair of coordinates, 
a line beginning 500 feet waterward of the shoreline meanders 
irregularly following the shoreline at a distance of 500 feet waterward 
of the shoreline and connects to the second point in the next pair of 
coordinates. The restricted area shall encompass all navigable waters 
of the United States as defined at 33 CFR part 329 within the area 
bounded by lines connecting each of the following pairs of coordinates:
    (i) Farmdale Bayou: 30[deg]1.156' N., 85[deg]26.915' W. to 
30[deg]1.238' N., 85[deg]26.915' W.
    (ii) Baker Bayou: 30[deg]1.325' N., 85[deg]29.008' W. to 
30[deg]1.402' N., 85[deg]28.977' W.
    (iii) Blind Alligator Bayou: 30[deg]2.094' N., 85[deg]29.933' W. to 
30[deg]2.151' N., 85[deg]29.864' W.
    (iv) Little Oyster Bay Point: 30[deg]3.071' N., 85[deg]30.629' W. 
to 30[deg]3.133' N., 85[deg]30.568' W.
    (v) Goose Point South: 30[deg]3.764' N., 85[deg]31.874' W. to 
30[deg]3.719' N., 85[deg]31.795' W.
    (vi) Goose Point North: 30[deg]4.599' N., 85[deg]31.577' W. to 
30[deg] 4.650' N., 85[deg]31.503' W.
    (vii) Little Cedar Lake: 30[deg]4.974' N., 85[deg]33.476' W. to 
30[deg] 5.024' N., 85[deg]33.401' W.
    (viii) Chatters on Bayou: 30[deg]5.729' N., 85[deg]34.632' W. to 
30[deg]5.811' N., 85[deg]34.625' W.
    (ix) Fred Bayou: 30[deg] 5.992' N., 85[deg]35.296' W. to 
30[deg]6.071' N., 85[deg]35.325' W.
    (x) Pearl Bayou: 30[deg]6.039' N., 85[deg]36.651' W. to 
30[deg]6.043' N., 85[deg]36.557' W.
    (xi) Military Point: 30[deg]7.394' N., 85[deg]37.153' W. to 
30[deg]7.459' N., 85[deg]37.096' W.
    (xii) Freshwater Bayou: 30[deg]7.425' N., 85[deg]38.655' W. to 
30[deg]7.473' N., 85[deg]38.578' W.
    (xiii) Smack Bayou: 30[deg]7.826' N., 85[deg]39.654' W. to 
30[deg]7.838' N., 85[deg]39.560' W.
    (xiv) Redfish Point: 30[deg]8.521' N., 85[deg]40.147' W. to 
30[deg]8.598' N., 85[deg]40.113' W.
    (xv) Davis Point: 30[deg]7.348' N., 85[deg]41.224' W. to 
30[deg]7.364' N., 85[deg]41.317' W.
    (xvi) Tyndall Marina: 30[deg]5.827' N., 85[deg]39.125' W. to 
30[deg]5.762' N., 85[deg]39.184' W.
    (xvii) Heritage Bayou: 30[deg]3.683' N., 85[deg]35.823' W. to 
30[deg]3.743' N., 85[deg]35.887' W.
    (xviii) NCO Beach North: 30[deg]4.209' N., 85[deg]37.430' W. to 
30[deg]4.272' N., 85[deg]37.368' W. The restricted Area will end on the 
west side of the land bridge that extends into Shell Island. The 
Restricted Area resumes on the east side of the land bridge that 
extends into St. Andrew Sound.
    (xix) St. Andrew Sound west: 30[deg]1.327' N., 85[deg]33.756' W. to 
30[deg]1.377' N., 85[deg]33.681' W.
    (xx) St. Andrew Sound northwest: 30[deg] 1.921' N., 85[deg] 33.244' 
W to 30[deg]1.869' N., 85[deg]33.317' W.
    (xxi) St. Andrew Sound northeast: 30[deg]0.514' N., 85[deg]31.558' 
W to 30[deg]0.452' N., 85[deg]31.619' W.
    (xxii) Wild Goose Lagoon: 29[deg]59.395' N., 85[deg]30.178' W. to 
29[deg]59.319' N., 85[deg]30.216' W.
    (xxiii) Crooked Island North: 29[deg]59.003' N., 85[deg]30.396' W. 
to 29[deg]59.082' N., 85[deg]30.371' W.
    (b) The regulations. (1) Unless one or more portions of the 
restricted area identified in (a)(4)(i) through (xxiii) of this section 
is activated, all persons, vessels and other craft are permitted access 
to all of the navigable waters described in paragraph (a) of this 
section.
    (2) During times when the restricted area defined in paragraphs 
(a)(4)(i) through (xxiii) of this section is not active, U.S. Air Force 
boat patrols may operate in the waters adjacent to Tyndall AFB's 
shoreline to observe the shoreline in order to identify any threats to 
the installation or personnel. U.S. Air

[[Page 55055]]

Force personnel will not have any authority to enforce federal, local 
or state laws on the water.
    (3) Due to the nature of security threats, restricted area 
activation may occur with little advance notice. Activation will be 
based on local or national intelligence information related to threats 
against military installations and/or resources common to Tyndall AFB 
in concert with evaluations conducted by the Tyndall AFB Threat Working 
Group and upon direction of the Installation Commander, Tyndall AFB. 
The Installation Commander activates only those portions of the 
restricted area identified in paragraphs (a)(4)(i) through (xxiii) of 
this section necessary to provide the level of security required in 
response to the specific and credible threat(s) triggering the 
activation. The duration of activation for any portion(s) of the 
restricted area defined in paragraph (a) of this section, singularly or 
in combination, will be limited to those periods where it is warranted 
or required by security threats. Activated portions of the restricted 
area will be reevaluated every 48 hours to determine if the threat(s) 
triggering the activation or related threats warrant continued 
activation. The activated portion(s) of the restricted area expire if 
no reevaluation occurs or if the Installation Commander determines that 
activation is no longer warranted.
    (4) Public notification of a temporary restricted area activation 
will be made via marine VHF broadcasts (channels 13 and 16), local 
notices to mariners, local news media through Air Force Public Affairs 
notifications and by on-scene installation personnel. On-scene 
installation personnel will notify boaters in the restricted area of 
the restriction and tell them that if they refuse to leave the area 
they will be trespassing and could be subject to prosecution.
    (5) During times when the Installation Commander activates any 
portion(s) of the temporary restricted area defined in paragraph (a) of 
this section all entry, transit, drifting, anchoring or attaching any 
object to the submerged sea-bottom within the activated portion(s) of 
the restricted area is not allowed without the written permission of 
the Installation Commander, Tyndall AFB, Florida or his/her authorized 
representative. Previously affixed mooring balls established to support 
watercraft during intense weather conditions (i.e., tropical storms, 
hurricanes, etc.) may remain within the activated portion(s) of the 
restricted area, however watercraft should not be anchored to the 
mooring balls without the permission of the Installation Commander, 
Tyndall AFB, Florida or his/her authorized representative.
    (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.

    Dated: September 4, 2015.
Edward E. Belk, Jr.,
Chief, Operations and Regulatory Division, Directorate of Civil Works.
[FR Doc. 2015-23030 Filed 9-11-15; 8:45 am]
 BILLING CODE 3710-58-P