Federal Register / Vol. 75, No. 15 / Monday, January 25, 2010 / Proposed Rules 3883 

• Industry sector (if applicable): 

Metals, wood products, grain or wet 

corn milling, food (including sugar), 

pharmaceutical or chemical 

manufacturing, paper products, rubber 

or plastics, coal, or other (if other, 

please specify). 

Electronic copies of this Federal 

Register notice, as well as news releases 

and other relevant documents, are 

available on the OSHA Web page at: 

http://www.osha.gov. 

Authority and Signature 

This document was prepared under 

the direction of David Michaels, PhD, 

MPH, Assistant Secretary of Labor for 

Occupational Safety and Health, U.S. 

Department of Labor, pursuant to 

sections 4, 6, and 8 of the Occupational 

Safety and Health Act of 1970 (29 U.S.C. 

653, 655, 657), 29 CFR part 1911, and 

Secretary’s Order 5–2007 (72 FR 31160). 

Signed at Washington, DC, on January 19, 

2010. 

David Michaels, 

Assistant Secretary of Labor for Occupational 

Safety and Health. 

[FR Doc. 2010–1322 Filed 1–22–10; 8:45 am] 

BILLING CODE 4510–26–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: Notice of proposed rulemaking 

and request for comments. 

SUMMARY: The U.S. Army Corps of 

Engineers (Corps) is proposing to revise 

the existing regulations for a restricted 

area and establish a danger zone in the 

waters adjacent to and within the 

boundaries of Naval Station (NAVSTA) 

Mayport in Florida. The NAVSTA 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 adhere to military 

munitions regulations. 

DATES: Written comments must be 

submitted on or before February 24, 

2010. 

ADDRESSES: You may submit comments, 

identified by docket number COE– 

2009–0063 by any of the following 

methods: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

E-mail: 

david.b.olson@usace.army.mil. Include 

the docket number, COE–2009–0063 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–2009–0063. 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 e-mail directly to the Corps 

without going through regulations.gov, 

your e-mail 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 http:// 

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: 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 amend the regulations at 

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. The 

amendment to the existing regulation 

will allow the Commanding Officer, 

NAVSTA Mayport to restrict passage of 

persons, watercraft, and vessels in 

waters contiguous to his 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 is 

also intended to address 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. 

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 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
3884 Federal Register / Vol. 75, No. 15 / Monday, January 25, 2010 / Proposed Rules 

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. 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, following 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, following 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 

following 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, 

following 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 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 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 

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, Florida, 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, Florida, 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, Florida, 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 (i.e., not in the wetlands). 

Additionally, 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, Florida 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 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 15 / Monday, January 25, 2010 / Proposed Rules 3885 

do so will result in the forceful removal 

of the person or vessel from the area in 

question. 

Dated: January 19, 2010. 

Jonathan A. Davis, 

Deputy Chief, Operations, Directorate of Civil 

Works. 

[FR Doc. 2010–1295 Filed 1–22–10; 8:45 am] 

BILLING CODE 3720–58–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket ID FEMA–2008–0020; Internal 

Agency Docket No. FEMA–B–1072] 

Proposed Flood Elevation 

Determinations 

Correction 

In proposed rule document E9–21472 

beginning on page 46074 in the issue of 

Tuesday, September 8, 2009, make the 

following correction: 

§67.4 [Corrected] 

On page 46075, in §67.4, the table is 

reprinted to read as follows: 

Flooding source(s) Location of referenced elevation** 

* Elevation in feet (NGVD) 

+ Elevation in feet (NAVD) 

# Depth in feet above 

ground 

∧Elevation in meters 

(MSL) 

Communities affected 

Effective Modified 

Napa County, California, and Incorporated Areas 

Napa Creek ........................... At the confluence with Napa River ............................... +22 +18 City of Napa. 

Approximately 100 feet upstream of Jefferson Street +35 +34 

Napa River (With Levee) ...... Approximately 715 feet west of intersection of State 

Route 121 and East Avenue.

+28 +27 City of Napa, Unincorporated Areas of Napa 

County. 

Approximately 1,530 feet southwest of intersection of 

State Route 121 and Woodland Drive.

+32 +29 

Napa River (Without Levee) Approximately 0.5 mile downstream of Imola Avenue +13 +12 City of Napa, Unincorporated Areas of Napa 

County. 

Approximately 1,230 feet downstream of confluence 

of Soda Creek.

+47 +46 

Napa River Oxbow Overflow At the confluence with Tulucay Creek ......................... +18 +16 City of Napa, Unincorporated Areas of Napa 

County. 

Approximately 0.39 mile upstream of Soscol Avenue +22 +19 

Ponding Areas with elevations determined (AH 

Zones).

Extensive ponding areas, in roadways south of Salvador creek (lowest elevation).None +39 City of Napa, Unincorporated Areas of Napa 

County. 

Extensive ponding areas, in roadways south of Salvador creek (highest elevation).None +76 

Salvador Creek ..................... At the confluence with Napa River ............................... +33 +31 City of Napa, Unincorporated Areas of Napa 

County. 

Approximately 100 feet upstream of State Highway 29 None +75 

Salvador Creek North Branch At the confluence with Salvador Creek ........................ None +75 City of Napa, Unincorporated Areas of Napa 

County. 

Approximately 0.8 mile upstream of confluence with 

Salvador Creek.

None +93 

Salvador Creek South 

Branch.

At the confluence with Salvador Creek ........................ None +75 City of Napa. 

Approximately 1,365 feet upstream of Salvador Creek None +76 

Shallow Flooding (AO Zone) Shallow flooding area, approximately 425 feet northeast of intersection of Imola Avenue and Gasser 

Drive.

+15 #1 City of Napa. 

Shallow flooding area, approximately 1,400 feet northeast of intersection of Imola Avenue and Gasser 

Drive.

+17 #2 

Tulucay Creek ....................... At the confluence with Napa River ............................... +18 +15 City of Napa. 

Approximately 560 feet upstream of Shurtleff Avenue +37 +38 Unincorporated Areas of 

Napa County. 

* National Geodetic Vertical Datum. 

+ North American Certical Datum. 

# Depth in feet above ground. 

∧ Mean Sea Level, rounded to the nearest 0.1 meter. 


jlentini on DSKJ8SOYB1PROD with PROPOSALS