16 April 2010

[Federal Register: April 16, 2010 (Volume 75, Number 73)]
[Rules and Regulations]               
[Page 19885-19886]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16ap10-6]                         

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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: Final rule.

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SUMMARY: The U.S. Army Corps of Engineers (Corps) is revising its 
regulations by expanding the existing restricted area as well as 
establishing two new restricted areas and a new danger zone in the 
waters adjacent to and within the boundaries of Naval Station (NAVSTA) 
Mayport in Florida. The NAVSTA Mayport 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 to adhere to 
military munitions regulations.

DATES: Effective date: May 17, 2010.

ADDRESSES: U.S. Army Corps of Engineers, Attn: CECW-CO (David B. 
Olson), 441 G Street, NW., Washington, DC 20314-1000.

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 amending the regulations in 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. This will allow 
the Commanding Officer, NAVSTA Mayport to restrict passage of persons, 
watercraft, and vessels in waters contiguous to his/her 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 
also addresses 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.
    The proposed rule was published in the January 25, 2010, issue of 
the Federal Register (75 FR 3883), and its regulations.gov docket 
number is COE-2009-0063. Only one comment was received in response to 
the proposed rule and it was supportive of the proposal.

Procedural Requirements

    a. Review Under Executive Order 12866. This regulation 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 regulation 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). The Corps has determined that this regulation would have 
practically no economic impact on the public, or result in no 
anticipated navigational hazard or interference with existing waterway 
traffic. This regulation will have no significant economic impact on 
small entities.
    c. Review Under the National Environmental Policy Act. This 
regulation will not have a significant impact to the quality of the 
human environment and, therefore, preparation of an environmental 
impact statement is not required. An environmental assessment has been 
prepared. It may be reviewed at the district office listed at the end 
of FOR FURTHER INFORMATION CONTACT above.
    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 rule.

List of Subjects in 33 CFR Part 334

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

0
For the reasons set out in the preamble, the Corps amends 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.  334.500 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]23'52.97'' N, longitude 081[deg]25'36.51'' W; thence to latitude 
30[deg]23'56.71'' N, longitude 081[deg]25'36.51'' W; then the line 
meanders irregularly, follow the shoreline at a distance of 380 feet 
seaward from the mean high water line to a point at latitude 
30[deg]23'54.20'' N, longitude 081[deg]24'14.11'' W, thence proceed 
directly to latitude 30[deg]23'46.33'' N, longitude 081[deg]24'03.73'' 
W, then the line meanders irregularly, follow the shoreline at a 
distance of 380 feet seaward from the mean high water line to a point 
at latitude 30[deg]23'53.08'' N, longitude 081[deg]23'34.00'' W, thence 
follow the arc of a circle with a radius of 466 feet, centered at 
latitude 30[deg]23'48.52'' N, longitude 081[deg]23'33.30'' W, to a 
point on the jetty at latitude 30[deg]23'50.06'' N, longitude 
081[deg]23'28.26'' W.
    (3) Atlantic Ocean restricted area. From the last point identified 
in paragraph (a)(2) of this section, latitude 30[deg]23'50.06'' N, 
longitude 081[deg]23'28.26'' W, proceed to a point at latitude 
30[deg]23'49.12'' N, longitude 81[deg]23'28.10'' W, then the line 
meanders irregularly, follow the shoreline at a distance of 380 feet 
seaward from the mean high water line to a point at latitude 
30[deg]22'54.37'' N, longitude 081[deg]23'44.09'' W, thence

[[Page 19886]]

proceed directly to shore to terminate at latitude 30[deg]22'54.46'' N, 
longitude 081[deg]23'48.44'' W.
    (4) Sherman Creek restricted area. This restricted area shall 
encompass all navigable waters of the United States, as defined at 33 
CFR part 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 part 329, within the 
area bounded by a line connecting the following coordinates: Commencing 
from the shoreline at latitude 30[deg]24'00.31'' N, longitude 
081[deg]25'06.02'' W; thence to latitude 30[deg]24'11.16'' N, longitude 
081[deg]25'03.90'' W; thence to latitude 30[deg]24'00.62'' N, longitude 
081[deg]24'10.13'' W; thence to a point on the shoreline riprap at 
latitude 30[deg]23'41.26'' N, longitude 081[deg]24'08.82'' 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 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 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 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 (e.g., not in the wetlands). In addition, 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 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 do so 
will result in the forceful removal of the person or vessel from the 
area in question.

    Dated: April 7, 2010.

    Approved.
Michael G. Ensch,
Chief, Operations, Directorate of Civil Works.
[FR Doc. 2010-8786 Filed 4-15-10; 8:45 am]
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