Federal Register / Vol. 75, No. 73 / Friday, April 16, 2010 / Rules and Regulations 19885 

Dated: April 7, 2010. 

P.M. Gugg, 

Captain, U.S. Coast Guard, Captain of the 

Port San Francisco. 

[FR Doc. 2010–8734 Filed 4–15–10; 8:45 am] 

BILLING CODE 9110–04–P 

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. 

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. 

■ 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 

■ 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 § 334.500 to read as follows: 

§ 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°23′52.97′′ N, longitude 081°25′36.51′′ 

W; thence to latitude 30°23′56.71′′ N, 

longitude 081°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°23′54.20′′ N, 

longitude 081°24′14.11′′ W, thence 

proceed directly to latitude 30°23′46.33′′ 

N, longitude 081°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°23′53.08′′ N, 

longitude 081°23′34.00′′ W, thence 

follow the arc of a circle with a radius 

of 466 feet, centered at latitude 

30°23′48.52′′ N, longitude 081°23′33.30′′ 

W, to a point on the jetty at latitude 

30°23′50.06′′ N, longitude 081°23′28.26′′ 

W. 

(3) Atlantic Ocean restricted area. 

From the last point identified in 

paragraph (a)(2) of this section, latitude 

30°23′50.06′′ N, longitude 081°23′28.26′′ 

W, proceed to a point at latitude 

30°23′49.12′′ N, longitude 81°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°22′54.37′′ 

N, longitude 081°23′44.09′′ W, thence 

WReier-Aviles on DSKGBLS3C1PROD with RULES

19886 Federal Register / Vol. 75, No. 73 / Friday, April 16, 2010 / Rules and Regulations 

proceed directly to shore to terminate at 

latitude 30°22′54.46′′ N, longitude 

081°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°24′00.31′′ N, 

longitude 081°25′06.02′′ W; thence to 

latitude 30°24′11.16′′ N, longitude 

081°25′03.90′′ W; thence to latitude 

30°24′00.62′′ N, longitude 081°24′10.13′′ 

W; thence to a point on the shoreline 

riprap at latitude 30°23′41.26′′ N, 

longitude 081°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] 

BILLING CODE 3720–58–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2009–0052; FRL–9136–6] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Wyoming; Revisions to the Wyoming 

Air Quality Standards and Regulations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving two State 

Implementation Plan revisions 

submitted by the State of Wyoming on 

September 11, 2008. Wyoming has 

revised its Air Quality Standards and 

Regulations, specifically Chapter 1, 

Section 5, Unavoidable equipment 

malfunction, and Chapter 1, Section 6, 

Credible evidence. Because these 

revisions conform to the Clean Air Act 

and EPA regulations, EPA is approving 

the revisions with the intention of 

making them Federally enforceable. 

EPA is taking this action under section 

110 of the Clean Air Act. 

DATES: This rule is effective on June 15, 

2010 without further notice, unless EPA 

receives adverse comment by May 17, 

2010. If adverse comment is received, 

EPA will publish a timely withdrawal of 

the direct final rule in the Federal 

Register informing the public that the 

rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R08– 

OAR–2009–0052, by one of the 

following methods: 

• http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

• E-mail: dolan.kathy@epa.gov. 

• Fax: (303) 312–6064 (please alert 

the individual listed in the FOR FURTHER

INFORMATION CONTACT if you are faxing 

comments). 

• Mail: Director, Air Program, 

Environmental Protection Agency 

(EPA), Region 8, Mailcode 8P–AR, 1595 

Wynkoop Street, Denver, Colorado 

80202–1129. 

• Hand Delivery: Director, Air 

Program, Environmental Protection 

Agency (EPA), Region 8, Mailcode 

8P–AR, 1595 Wynkoop Street, Denver, 

Colorado 80202–1129. Such deliveries 

are only accepted Monday through 

Friday, 8 a.m. to 4:30 p.m., excluding 

Federal holidays. Special arrangements 

should be made for deliveries of boxed 

information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R08–OAR–2009– 

0052. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

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 http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

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