[Federal Register: September 12, 2008 (Volume 73, Number 178)]
[Rules and Regulations]
[Page 52926-52928]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12se08-12]
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DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers
33 CFR Part 334
United States Navy Restricted Area, Naval Support Activity,
Panama City, FL
AGENCY: U.S. Army Corps of Engineers, DoD.
ACTION: Final rule.
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SUMMARY: The U.S. Army Corps of Engineers (Corps) is establishing ten
restricted areas at Naval Support Activity (NSA), Panama City (PC),
Florida. NSA, Panama City, and its major tenant command, the Naval
Surface Warfare Center (NSWC), have been recognized as one of the lead
research, development, test and evaluation laboratories of the U.S.
Navy. In addition, the Naval Diving and Salvage Training Center (NDSTC)
was relocated from the Washington Navy Yard to NSA PC and now hosts a
consolidated training for the U.S. Army Corps of Engineers, U.S. Coast
Guard, the Navy's satellite dive schools, the U.S. Marine Corps and the
U.S. Air Force. As such, a large majority of military dive training is
now concentrated at NSA, PC. The restricted areas in Panama City waters
meet strict military training parameters that cannot be duplicated
elsewhere. Military training in and around St. Andrews Bay has existed
in harmony with local boat traffic and development since 1945. NSA, PC
is formalizing these ongoing activities within the waters of St.
Andrews Bay in an effort to maximize public safety and to preserve
current military training vital to the Global War on Terror and to all
service military readiness.
DATES: Effective Date: October 14, 2008.
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 Griffin, U.S. Army Corps of Engineers, Jacksonville
District, Regulatory Division at 904-232-1680.
SUPPLEMENTARY INFORMATION:
I. Background
II. General Comments and Responses
III. Changes to Proposal
I. 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
amending the regulations in 33 CFR part 334 by establishing ten
separate restricted areas as described in the SUMMARY paragraph above.
The proposed regulations were published in the U.S. Army Corps of
Engineers published a proposed rule in July 18, 2007, issue of the
Federal Register (72 FR 39355) with a 30-day comment period.
II. General Comments and Responses
In response to the proposed rule, six comments were received.
Comments were provided by an energy company, a non-governmental
environmental organization, a state government department and other
members of the public. The majority of the comments resulted from a
misunderstanding of the actual utilization of the proposed restricted
areas. Generally, the commenters presumed that anytime any of the
proposed restricted areas were in use the entire area encompassed by
the restricted area would be closed to public utilization. This is not
the case since the military intends to utilize safety vessels
accompanying each training session to define the area within a
restricted area which is temporarily unavailable to the public. The
definition of the term ``military security zones'' was redefined to
make this distinction more apparent. The non-governmental environmental
organization was concerned about the potential impacts of the military
training operation on the manatee. The Corps contacted the organization
to discuss the concerns. During these discussions, it was noted that
the proposed restricted areas are not an indication of an increase in
military training; rather it was an effort to provide better protection
to the military and the public during the training sessions. The
military use of these areas has been ongoing for many years and the
proposed establishment of the restricted areas is not anticipated to
increase the potential for impacts to the manatee. Additionally, the
military noted the possibility that they would be able to provide
additional data on the manatee since they will have spotters on each of
the safety vessels accompanying the training operation. These spotters
would be able to provide the organization with information on any
manatee they sighted during the training operations. The organization
provided a response of concurrence with the findings of the Corps and a
removal of any objections to the establishment of the restricted areas.
III. Changes to Proposal
All of the paragraphs containing descriptions of the proposed
restricted areas were modified to simplify and clarify the geographic
boundaries of each. All of the restriction related paragraphs were
revised to better define the term ``military security zones'' and to
provide information on how activation of the restricted areas is to be
noticed. The term ``military security zones'' is now more clearly
identified as specific portion/s within any of the restricted areas
which are defined by the safety vessels accompanying each training
exercise. A new subparagraph added to each of the restriction
paragraphs provided information regarding the notification of
activation of any of the proposed restricted areas by way of General
Local Notice to Mariners for normal/routine activations and by Notice
to Mariners and Broadcast Notice to Mariners for significant exercise
and training events.
Procedural Requirements
a. Review Under Executive Order 12866. These rules are issued with
respect to a military function of the Defense Department and the
provisions of Executive Order 12866 do not apply.
b. Review Under the Regulatory Flexibility Act. These rules have
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 determined that these restricted areas would
have practically no economic impact on the public, and would not create
any anticipated navigational hazard or interference with existing
waterway traffic. These rules will have no significant economic impact
on small entities.
c. Review Under the National Environmental Policy Act. These
regulations will not have a significant impact to the quality of the
human environment and, therefore, preparation of an environmental
impact statement will not be 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.
[[Page 52927]]
d. Unfunded Mandates Act. These rules do not impose an enforceable
duty among the private sector and, therefore, are not a Federal private
sector mandate and are 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 these rules.
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 33 CFR 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. Add Sec. 334.761 to read as follows:
Sec. 334.761 Naval Support Activity Panama City; St. Andrews Bay;
restricted areas.
(a) The areas. (1) Area AP-1. The area is bounded by a line
connecting the following coordinates (listed by latitude, then
longitude): Northwest point--30[deg]10[min]00[sec] N,
085[deg]44[min]37[sec] W; Northeast point--30[deg]10[min]00[sec] N,
085[deg]43[min]17[sec] W; Southeast point--30[deg]09[min]51[sec] N,
085[deg]43[min]17[sec] W; Southwest point--30[deg]09[min]50[sec] N,
085[deg]44[min]32[sec] W; following mean high waterline to
30[deg]09[min]57.5[sec] N, 085[deg]44[min]37[sec] W; then northerly to
point of origin.
(2) Area BA-1. The area is bounded by a line directly connecting
the following coordinates (listed by latitude, then longitude):
Northwest point--30[deg]11[min]14[sec] N, 085[deg]44[min]59[sec] W;
Northeast point--30[deg]11[min]13[sec] N, 085[deg]44[min]32[sec] W;
Southeast point--30[deg]10[min]31[sec] N, 085[deg]44[min]32[sec] W;
Southwest point--30[deg]10[min]32[sec] N, 085[deg]44[min]59[sec] W,
then northerly to point of origin.
(3) Area BA-2. The area is bounded by a line directly connecting
the following coordinates (listed by latitude, then longitude):
Northwest point--30[deg]11[min]13[sec] N, 085[deg]44[min]32[sec] W;
Northeast point--30[deg]11[min]07[sec] N, 085[deg]44[min]01[sec] W;
Southeast point--30[deg]10[min]32[sec] N, 085[deg]44[min]00[sec] W;
Southwest point--30[deg]10[min]31[sec] N, 085[deg]44[min]32[sec] W,
then northerly to point of origin.
(4) Area BA-3. The area is bounded by a line directly connecting
the following coordinates (listed by latitude, then longitude):
Northwest point--30[deg]10[min]32[sec] N, 085[deg]44[min]59[sec] W;
Northeast point--30[deg]10[min]32[sec] N, 085[deg]44[min]09[sec] W;
Southeast point--30[deg]10[min]00[sec] N, 085[deg]44[min]09[sec] W;
Southwest point--30[deg]10[min]01[sec] N, 085[deg]44[min]41[sec] W,
then northerly to point of origin.
(5) Area BA-4. The area is bounded by a line directly connecting
the following coordinates (listed by latitude, then longitude):
Northwest point--30[deg]10[min]32[sec] N, 085[deg]44[min]09[sec] W;
Northeast point--30[deg]10[min]32[sec] N, 085[deg]42[min]35[sec] W;
Southeast point--30[deg]10[min]00[sec] N, 085[deg]42[min]35[sec] W;
Southwest point--30[deg]10[min]00[sec] N, 085[deg]44[min]09[sec] W,
then northerly to point of origin.
(6) Area BA-5. The area is bounded by a line directly connecting
the following coordinates (listed by latitude, then longitude): North
point--30[deg]08[min]41[sec] N, e 085[deg]41[min]25[sec] W; East
point--30[deg]08[min]08[sec] N, 085[deg]40[min]48[sec] W; South point--
30[deg]07[min]00[sec] N, 085[deg]42[min]29[sec] W; West point--
30[deg]07[min]31[sec] N, 085[deg]43[min]09[sec] W, then northerly to
point of origin.
(b) The restrictions. (1) For the purposes of this section,
``military security zones'' are specific portion/s within any of the
restricted areas identified in this section that are defined by the
safety vessels accompanying each training exercise. The mission of the
safety vessels is to maximize safety conditions for both military and
civilian personnel during exercises conducted within the restricted
area by intercepting any waterbased activity occurring within the
active military security zone/s and offering navigational advice to
ensure the activity remains clear of the exercise.
(2) All areas identified in this section have the potential to be
active at any time. The normal/routine activation of any area will be
noticed to the public via a General Local Notice to Mariners.
Activation of any area for significant exercises and training events
will be noticed, in advance and during the event, to the public via
Notice to Mariners and Broadcast Notice to Mariners.
(3) Area AP-1. All persons, vessels, and other craft are prohibited
from entering, transiting, anchoring, or drifting within the military
security zone/s established in the restricted area during training
events.
(4) Areas BA-1 through BA-5. All persons, vessels, and other craft
are prohibited from entering, transiting, anchoring, or drifting within
the military security zone/s established in the restricted area during
training events.
(c) Enforcement. The regulations in this section shall be enforced
by the Commanding Officer, Naval Support Activity, Panama City Florida,
and such agencies as he/she may designate.
0
3. Add Sec. 334.762 to read as follows:
Sec. 334.762 Naval Support Activity Panama City; North Bay and West
Bay; restricted areas.
(a) The areas. (1) Area NB-1. The area is bounded by a line
directly connecting the following coordinates (listed by latitude, then
longitude): Northwest point--30[deg]12[min]16[sec] N,
085[deg]44[min]14[sec] W; Northeast point--30[deg]12[min]16[sec] N,
085[deg]43[min]01[sec] W; Southeast point--30[deg]11[min]16[sec] N,
085[deg]44[min]14[sec] W; Southwest point--30[deg]11[min]17[sec] N,
085[deg]44[min]49[sec] W, then northerly to point of origin.
(2) Area NB-2. The area is bounded by a line directly connecting
the following coordinates (listed by latitude, then longitude):
Northwest point--30[deg]14[min]00[sec] N, 085[deg]44[min]14[sec] W;
Northeast point--30[deg]14[min]00[sec] N, 085[deg]41[min]51[sec] W;
Southeast point--30[deg]12[min]16[sec] N, 085[deg]43[min]01[sec] W;
Southwest point--30[deg]12[min]16[sec] N, 085[deg]44[min]14[sec] W,
then northerly to point of origin.
(3) Area NB-3. The area is bounded by a line directly connecting
the following coordinates (listed by latitude, then longitude): North
point--30[deg]17[min]02[sec] N, 085[deg]45[min]34[sec] W; East point--
30[deg]14[min]56[sec] N, 085[deg]43[min]45[sec] W; South point--
30[deg]14[min]01[sec] N, 085[deg]44[min]59[sec] W; West point--
30[deg]16[min]10[sec] N, 085[deg]46[min]52[sec] W, then northerly to
point of origin.
(b) The restrictions. (1) For the purposes of this section,
``military security zones'' are specific portion/s within any of the
restricted areas identified in this section that are defined by the
safety vessels accompanying each training exercise. The mission of the
safety vessels is to maximize safety conditions for both military and
civilian personnel during exercises conducted within the restricted
area by intercepting any waterbased activity occurring within the
active military security zone/s and offering navigational advice to
ensure the activity remains clear of the exercise.
(2) All areas identified in this section have the potential to be
active at any time. The normal/routine activation of any area will be
noticed to the public via a General Local Notice to Mariners.
Activation of any area for significant exercises and training events
will be noticed, in advance and during the event, to the public via
Notice to Mariners and Broadcast Notice to Mariners.
(c) Enforcement. The regulations in this section shall be enforced
by the Commanding Officer, Naval Support Activity, Panama City Florida,
and such agencies as he/she may designate.
[[Page 52928]]
0
4. Add Sec. 334.763 to read as follows:
Sec. 334.763 Naval Support Activity Panama City; Gulf of Mexico;
restricted area.
(a) The area. The area is bounded by a line directly connecting the
following coordinates (listed by latitude, then longitude): North
point--30[deg]10[min]29[sec] N, 085[deg]48[min]20[sec] W; East point--
30[deg]07[min]58[sec] N, 085[deg]44[min]44[sec] W; South point--
30[deg]05[min]24[sec] N, 085[deg]47[min]29[sec] W; West point--
30[deg]07[min]55[sec] N, 085[deg]51[min]05[sec] W, then northerly to
point of origin.
(b) The restrictions. (1) For the purposes of this section,
``military security zones'' are specific portion/s within any of the
restricted areas identified in this section that are defined by the
safety vessels accompanying each training exercise. The mission of the
safety vessels is to maximize safety conditions for both military and
civilian personnel during exercises conducted within the restricted
area by intercepting any waterbased activity occurring within the
active military security zone/s and offering navigational advice to
ensure the activity remains clear of the exercise.
(2) All areas identified in this section have the potential to be
active at any time. The normal/routine activation of any area will be
noticed to the public via a General Local Notice to Mariners.
Activation of any area for significant exercises and training events
will be noticed, in advance and during the event, to the public via
Notice to Mariners and Broadcast Notice to Mariners.
(c) Enforcement. The regulations in this section shall be enforced
by the Commanding Officer, Naval Support Activity, Panama City Florida,
and such agencies as he/she may designate.
Dated: September 5, 2008.
James R. Hannon, Jr.,
Acting Chief, Operations, Directorate of Civil Works.
[FR Doc. E8-21292 Filed 9-11-08; 8:45 am]
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