27126 Federal Register / Vol. 78, No. 90 / Thursday, May 9, 2013 / Proposed Rules 

widely separated locations on the shore 

at the KRF. 

(3) Whenever any weapons firing is 

scheduled and in progress during 

periods of darkness, flashing red 

warning beacons will be displayed on 

the shore at the KRF. 

(4) Boaters will have complete access 

to the danger zone whenever there is no 

weapons firing scheduled, which will 

be indicated by the absence of any 

warning flags, pennants, or beacons 

displayed ashore. 

(5) The danger zone is not considered 

safe for boaters whenever weapons 

firing is in progress. Boaters shall 

expeditiously vacate the danger zone at 

best speed and by the most direct route 

whenever weapons firing is in progress. 

Weapons firing will be suspended as 

long as there is a vessel in the danger 

zone. Whenever a boater disregards the 

publicized warning signals that 

hazardous weapons firing is in progress, 

the boater will be personally requested 

to expeditiously vacate the danger zone 

by KRF personnel hailing the vessel on 

VHF channel 16 or contacting the vessel 

directly by surface craft. 

(6) Observation posts will be manned 

whenever any weapons firing is 

scheduled and in progress. Visibility 

will be sufficient to maintain visual 

surveillance of the entire danger zone 

and for an additional distance of 5 miles 

in all directions whenever weapons 

firing is in progress. 

(c) The enforcing agency. The 

regulations shall be enforced by the 

Commanding Officer, Kekaha Range 

Facility, Hawaiian Area, Barking Sands, 

Kauai, Hawaii and such agencies or 

persons as he or she may designate. 

Dated: May 3, 2013. 

Approved: 

James R. Hannon, 

Chief, Operations and Regulatory, Directorate 

of Civil Works. 

[FR Doc. 2013–11037 Filed 5–8–13; 8:45 am] 

BILLING CODE 3720–58–P 

DEPARTMENT OF DEFENSE 

Department of the Army, Corps of 

Engineers 

33 CFR Part 334 

East Bay, St. Andrews Bay and the 

Gulf of Mexico at Tyndall Air Force 

Base, Florida; Restricted Areas 

AGENCY: U.S. Army Corps of Engineers, 

DoD. 

ACTION: Notice of proposed rulemaking 

and request for comments. 

SUMMARY: The U.S. Army Corps of 

Engineers (Corps) is proposing to amend 

its regulations by revising an existing 

restricted area regulation and 

establishing six new restricted areas 

along the Tyndall Air Force Base (AFB) 

facility shoreline. 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 security plan 

for Tyndall AFB, which includes four 

new permanent restricted areas and the 

ability to activate two additional 

restricted areas as local and national 

intelligence threat evaluations dictate. 

DATES: Written comments must be 

submitted on or before June 10, 2013. 

ADDRESSES: You may submit comments, 

identified by docket number COE– 

2013–0003, by any of the following 

methods: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Email: david.b.olson@usace.army.mil. 

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. 

Jon M. Griffin, U.S. Army Corps of 

Engineers, Jacksonville District, 

Regulatory Division, at 904–232–1680. 

SUPPLEMENTARY INFORMATION: 

Executive Summary 

The purpose of this regulatory action 

is to establish four new permanent 

restricted areas in the waters 

surrounding Tyndall AFB to counter 

postulated threats against their 

personnel and equipment at those sites. 

Additionally, this regulatory action 

would establish two additional 

restricted areas which would be 

activated under conditions of heighten 

security risks and provide an 

administrative correction to the existing 

regulation at 33 CFR 334.660. 

The Corps authority to establish these 

restricted areas 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 total 

of six new restricted areas in the waters 

surrounding Tyndall AFB. This 

amendment to the existing regulation 

will allow the Commander, Tyndall 


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Federal Register / Vol. 78, No. 90 / Thursday, May 9, 2013 / Proposed Rules 27127 

AFB to restrict the passage of persons, 

watercraft, and vessels in waters 

contiguous to this facility thereby 

providing greater security for personnel 

and equipment. The administrative 

correction at 33 CFR 334.660(b)(3) will 

clarify who is responsible for enforcing 

the provisions of § 334.660. 

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. The proposed rule 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). Unless information is 

obtained to the contrary during the 

comment period, the Corps expects that 

the proposed rule would have 

practically no economic impact on the 

public, or result in no anticipated 

navigational hazard or interference with 

existing waterway traffic. This proposed 

rule, if adopted, will have no significant 

economic impact on small entities. 

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 

proposed rule does not contain a 

Federal mandate that may result in 

expenditures of $100 million or more 

for State, local, and Tribal governments, 

in the aggregate, or the private sector in 

any one year. Therefore, this proposed 

rule is not subject to the requirements 

of Sections 202 and 205 of the 

Unfunded Mandates Reform Act 

(UMRA). The proposed rule contains no 

regulatory requirements that might 

significantly or uniquely affect small 

governments. Therefore, the proposed 

rule is not subject to the requirements 

of Section 203 of UMRA. 

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 

■ 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. In § 334.660, revise paragraph (b)(3) 

to read as follows: 

§ 334.660 Gulf of Mexico and Apalachicola 

Bay south of Apalachicola, Fla., Drone 

Recovery Area, Tyndall Air Force Base, Fla. 

* * * * * 

(b) * * * 

(3) The 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. 

■ 3. Add § 334.665 to read as follows: 

§ 334.665 East Bay, St. Andrews Bay and 

the Gulf of Mexico, Restricted Areas, 

Tyndall Air Force Base, (AFB), Fla. 

(a) The areas. (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 January 1, 2012. 

(2) The areas described in paragraphs 

(a)(3)(i) through (iv) of this section will 

have restricted access on a permanent 

basis while the areas described in 

paragraphs (a)(4)(iii) and (iv) of this 

section will be activated when the need 

for heighten security measures is 

anticipated. 

(3) Permanent Restricted Areas. (i) 

Military Point. The restricted area 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 mean high water 

line at approximately 30°07′23.23′′ N, 

85°37′36.91′′ W thence directly to 

30°07′27.97′′ N, 85°37′38.45′′ W, the line 

then meanders irregularly following the 

shoreline at a distance of 500 feet 

waterward from the mean high water 

line to 30°07′17.91′′ N, 85°37′04.04′′ W 

thence proceeding directly to the mean 

high water line at approximately 

30°07′19.02′′ N, 85°37′09.60′′ W. The 

area also includes all contiguous inland 

navigable waters which lie within the 

land boundaries of Tyndall AFB. 

(ii) Fred Bayou/Fuels Area. The 

restricted area 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 mean high water line at 

approximately 30°05′46.02′′ N, 

85°35′20.33′′ W thence directly to 

30°05′49.40′′ N, 85°35′20.49′′ W, the line 

then meanders irregularly following the 

shoreline at a distance of 500 feet 

waterward from the mean high water 

line to 30°05′42.05′′ N, 85°34′20.40′′ W 

thence proceeding directly to the mean 

high water line at approximately 

30°05′37.14′′ N, 85°34′21.20′′ W. The 

area also includes all contiguous inland 

navigable waters which lie within the 

land boundaries of Tyndall AFB. 

(iii) Little Cedar Bayou/Flight Line. 

The restricted area 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 mean high water line at 

approximately 30°04′59.40′′ N, 

85°33′29.12′′ W thence directly to 

30°05′03.65′′ N, 85°33′26.21′′ W, the line 

then meanders irregularly following the 

shoreline at a distance of 500 feet 

waterward from the mean high water 

line to 30°05′00.63′′ N, 85°33′23.58′′ W 

thence continuing in a westerly 

direction maintaining a standoff 

distance of 500 feet from the mean high 

water line to 30°04′59.82′′ N, 

85°33′18.40′′ W thence proceeding 

directly to the mean high water line at 

approximately 30°04′55.88′′ N, 

85°33′21.79′′ W. The area also includes 

all contiguous inland navigable waters 

which lie within the land boundaries of 

Tyndall AFB. 

(iv) Silverflag/Baker Bayou. The 

restricted area 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 mean high water line at 

approximately 30°01′23.75′′ N, 

85°29′04.94′′ W thence directly to 

30°01′26.71′′ N, 85°29′00.37′′ W, the line 

then meanders irregularly following the 

shoreline at a distance of 500 feet 

waterward from the mean high water 

line to 30°01′23.95′′ N, 85°29′00.09′′ W 

thence continuing in a westerly 

direction maintaining a standoff 

distance of 500 feet from the mean high 

water line to 30°01′22.35′′ N, 

85°28′54.04′′ W thence proceeding 

directly to the mean high water line at 

approximately 30°01′20.13′′ N, 

85°29′02.21′′ W. The area also includes 

all contiguous inland navigable waters 

which lie within the land boundaries of 

Tyndall AFB. 


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27128 Federal Register / Vol. 78, No. 90 / Thursday, May 9, 2013 / Proposed Rules 

(4) Enhanced Security Restricted 

Areas. (i) Portions of the restricted areas 

described in paragraphs (a)(4)(iii) and 

(iv) of this section include barrier 

islands. Because of the dynamic nature 

of these geographic features 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, the intent of the 

area description will be enforced from 

the existing point at the mean high 

water line that is closest to that 

provided herein out to a point located 

500 feet waterward of the mean high 

water line. 

(ii) The regulations for the Enhanced 

Security Restricted Areas described in 

paragraphs (a)(4)(iii) and (iv) of this 

section will include the use of the term 

‘‘Military Security Buffer.’’ For the 

purposes of this regulation a Military 

Security Buffer is considered to be a 500 

foot wide buffer area surrounding any 

United States owned or operated vessel 

anchoring or mooring within the active 

Enhanced Security Restricted Area. 

(iii) St. Andrew Bay and East Bay. 

Unless otherwise noted, the boundary 

for the area described herein is 

determined by a line paralleling the 

shoreline at a distance of 500 feet 

waterward of the mean high water line 

which connects the coordinate points 

provided. The restricted area 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 mean high water 

line at approximately 30°05′30.53′′ N, 

85°40′39.00′′ W thence directly to 

30°05′35.44′′ N, 85°40′39.64′′ W, thence 

to 30°04′09.10′′ N, 85°37′07.06′′ W 

thence directly to 30°04′13.17′′ N, 

85°36′55.97′′ W thence to 30°08′00.33′′ 

N, 85°39′50.96′′ W thence to 

30°06′09.36′′ N, 85°36′54.80′′ W thence 

to 30°03′33.50′′ N, 85°32′10.43′′ W 

thence to 30°02′17.86′′ N, 85°30′24.92′′ 

W thence directly to 30°02′11.97′′ N, 

85°30′23.13′′ W thence to 30°01′55.71′′ 

N, 85°29′51.28′′ W thence to 

30°01′00.38′′ N, 85°27′59.87′′ W thence 

to 30°01′13.92′′ N, 85°26′54.47′′ W 

thence proceeding directly to the mean 

high water line at approximately 

30°01′09.00′′ N, 85°26′55.00′′ W. The 

area also includes all contiguous inland 

navigable waters which lie within the 

land boundaries of Tyndall AFB. 

(iv) Gulf of Mexico and St. Andrew 

Sound. Unless otherwise noted, the 

boundary for the area described herein 

is determined by a line paralleling the 

shoreline at a distance of 500 feet 

waterward of the mean high water line 

which connects the coordinate points 

provided. The restricted area 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 mean high water 

line at approximately 29°57′13.00′′ N, 

85°26′42.00′′ W thence directly to 

29°57′08.00′′ N, 85°26′42.00′′ W, thence 

to 29°57′56.43′′ N, 85°28′29.36′′ W 

thence to 29°59′02.13′′ N, 85°30′05.21′′ 

W thence directly to 29°59′09.05′′ N, 

85°30′10.25′′ W thence to 30°03′07.93′′ 

N, 85°35′01.75′′ W thence to 

30°05′13.12′′ N, 85°40′40.00′′ W thence 

proceeding directly to the mean high 

water line at approximately 

30°05′18.00′′ N, 85°40′39.00′′ W. The 

area also includes all contiguous inland 

navigable waters which lie within the 

land boundaries of Tyndall AFB. 

(b) The regulations. (1) Permanent 

Restricted Areas. (i) For the areas 

identified in paragraphs (a)(3)(i) through 

(iv) of this section, all persons, vessels 

and craft, including pleasure vessels 

and crafts (sailing, motorized, and/or 

rowed/towed or otherwise selfpropelled), private and commercial 

fishing vessels, other commercial 

vessels, barges and all other vessels and 

craft, except vessels owned, operated or 

contracted by the United States and/or 

a Federal, State, or local law 

enforcement agency, are restricted from 

transiting, anchoring, trawling, 

dredging, drifting or attaching any 

object to the submerged sea-bottom 

within the above described Permanent 

Restricted Areas. 

(ii) The Permanent Restricted Areas 

identified in paragraphs (a)(3)(i) through 

(iv) of this section are in effect 24 hours 

a day, 7 days a week. 

(2) Enhanced Security Restricted 

Areas. (i) For the areas identified in 

paragraphs (a)(4)(iii) and (iv) of this 

section, a 500-foot Military Security 

Buffer is automatically placed around 

any vessel, owned or operated by the 

United States, which is anchored or 

moored within an active Enhanced 

Security Restricted Area. The Military 

Security Buffer will extend the 

Enhanced Security Restricted Area 

beyond the perimeter boundary limits 

described in paragraphs (a)(4)(iii) and 

(iv) of this section for as long as the 

Enhanced Security Restricted Area is 

active and the vessel is anchored or 

moored. 

(ii) During times of heightened 

security threats against Tyndall AFB all 

persons, vessels and craft, including 

pleasure vessels and crafts (sailing, 

motorized, and/or rowed/towed or 

otherwise self-propelled), private and 

commercial fishing vessels, other 

commercial vessels, barges and all other 

vessels and craft, except vessels owned, 

operated or contracted by the United 

States and/or a Federal, State, or local 

law enforcement agency, are restricted 

from transiting, anchoring, trawling, 

dredging, drifting or attaching any 

object to the submerged sea-bottom 

within the above described Enhanced 

Security Restricted Areas or the 500-foot 

Military Security Buffer established 

around any United States owned or 

operated vessel when it is anchored or 

moored within the active Enhanced 

Security Restricted Area. 

(iii) Due to the nature of these 

Enhanced Security Restricted Areas, 

closures may occur with little advance 

notice. Enhanced Security Restricted 

Areas will be activated based on local 

and national intelligence information 

related to threats against military 

installations and/or resources common 

to Tyndall AFB in concert with 

evaluations conducted by Tyndall AFB 

Threat Working Group and upon 

direction of the Installation 

Commander, Tyndall AFB. Public 

notification of Enhanced Security 

Restricted Area activation will be made 

via marine VHF broadcasts (channels 13 

and 16), local notice to mariners, local 

news media through Air Force Public 

Affairs notifications and on-scene oral 

notifications. 

(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. Military vessels may 

patrol the areas identified in paragraph 

(a) of this section at any time, 24 hours 

a day, 7 days a week. Any person or 

vessel encroaching within the 

permanent restricted areas or active 

Enhanced Security Restricted Areas 

identified in paragraph (a) of this 

section will be asked to immediately 

leave the area. Failure to do so may 

result in the issuance of a citation and/ 

or the forceful removal of the person or 

vessel from the area in question. 

Dated: May 3, 2013. 

James R. Hannon, 

Chief, Operations and Regulatory Directorate 

of Civil Works. 

[FR Doc. 2013–11060 Filed 5–8–13; 8:45 am] 

BILLING CODE 3720–58–P 


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