Federal Register / Vol. 75, No. 117 / Friday, June 18, 2010 / Rules and Regulations 34643 

DEPARTMENT OF DEFENSE 

Department of the Army, Corps of 

Engineers 

33 CFR Part 334 

Atlantic Ocean Off John F. Kennedy 

Space Center, FL; Restricted Area 

AGENCY: U.S. Army Corps of Engineers, 

DoD. 

ACTION: Final rule. 

SUMMARY: The U.S. Army Corps of 

Engineers (Corps) is revising its 

regulations by establishing a new 

restricted area in the Atlantic Ocean off 

the coast of the John F. Kennedy Space 

Center (KSC), Florida. The KSC is the 

main launch facility for the National 

Aeronautics and Space Administration 

(NASA) and they need to have the 

capability to secure their shoreline at 

KSC. This amendment to the existing 

regulations is necessary to enhance 

KSC’s ability to secure their shoreline to 

counter postulated threats to their 

facilities and to provide for safe launch 

operations. 

DATES: Effective date: July 19, 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 establishing a new restricted area 

in Florida offshore of the KSC facilities. 

The modification to the regulations is 

described below. 

The proposed rule was published in 

the February 25, 2010, issue of the 

Federal Register (75 FR 8570), and its 

regulations.gov docket number is COE– 

2010–0001. No comments were received 

in response to the proposed rule. 

The amendment to this regulation 

will allow the Director, KSC to restrict 

passage of persons, watercraft, and 

vessels in waters contiguous to this 

facility during launch operations and 

whenever there is a perceived threat to 

the facility. 

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 determined 

that this regulation would have 

practically no economic impact on the 

public nor would it result in any 

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 

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. 

d. Unfunded Mandates Act. This 

regulation does not impose an 

enforceable duty on 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 

(Public Law 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 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. Add § 334.525 to read as follows: 

§ 334.525 Atlantic Ocean off John F. 

Kennedy Space Center, FL; Restricted Area. 

(a) The area. The restricted area shall 

encompass all navigable waters of the 

United States, as defined at 33 CFR part 

329, contiguous to the area offshore of 

the John F. Kennedy Space Center 

(KSC), Florida. The area is bounded by 

a line connecting the following 

coordinates: Commencing from the 

shoreline at the southwest portion of the 

area, at latitude 28°35.008′ N, longitude 

80°34.448′ W, thence directly to latitude 

28°35.716′ N, longitude 80°32.938′ W, 

thence follow the mean high water line 

northerly at a distance of 1.5 nautical 

miles to a point at latitude 28°43.566′ N, 

longitude 80°39.094′ W, thence proceed 

westerly to terminate at a point on the 

shoreline at latitude 28°43.566′ N, 

longitude 80°41.189′ W. 

(b) The regulation. (1) The area 

described in paragraph (a) of this 

section will be closed when it is deemed 

necessary by the Director, KSC or his/ 

her designee during launch operations 

or to address any perceived threat to the 

facilities. With the exception of local, 

State, and Federal law enforcement 

entities, all persons, vessels, and other 

craft are prohibited from entering, 

transiting, anchoring, or drifting within 

the restricted area when it is closed, 

unless they have the permission of the 

Director, KSC or his/her designee. 

(2) Due to the nature of this restricted 

area, closures may occur with little 

advance notice. Closure of the area shall 

be noticed by warning statements 

displayed on the electronic marquee 

signs located at the gates of the KSC and 

on an electronic marquee sign located 

on the north side of the Port Canaveral 

ship channel between the Trident and 

Poseidon wharfs during the duration of 

the closure. If time permits, additional 

information will be published in area 

newspapers and announced on marine 

radio broadcast. 

(c) Enforcement. The regulations in 

this section shall be enforced by the 

Director, KSC and/or such persons or 

agencies as he/she may designate. 

Date: June 7, 2010. 

Approved: 

Michael G. Ensch, 

Chief, Operations, Directorate of Civil Works. 

[FR Doc. 2010–14790 Filed 6–17–10; 8:45 am] 

BILLING CODE 3720–58–P 


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