[Federal Register Volume 80, Number 35 (Monday, February 23, 2015)]
[Rules and Regulations]
[Pages 9385-9387]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-03625]


-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 334


St. Johns River, U.S. Coast Guard Station Mayport, Sector 
Jacksonville, Florida; Restricted Area

AGENCY: United States Army Corps of Engineers, DoD.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The U.S. Army Corps of Engineers (Corps) is amending its 
restricted area/danger zone regulations to establish a new restricted 
area in the waters surrounding U.S. Coast Guard Sector Jacksonville 
facilities at Station Mayport, Jacksonville, Florida (Station Mayport). 
Station Mayport is situated on the south side of the St. Johns River 
which, as the primary federal navigable channel entering the Port of 
Jacksonville, is heavily transited by commercial and recreational 
vessels. This United States Coast Guard (USCG)

[[Page 9386]]

facility maintains a high operational tempo for both routine and 
emergency operations. This amendment to the existing regulations is 
necessary to enhance the USCG's ability to counter postulated threats 
against their personnel, equipment, cutters and facilities by providing 
a stand-off buffer encompassing the waters immediately contiguous to 
the Station Mayport. The amendment will also serve to protect the 
general public from injury or property damage during routine and 
emergency USCG operations and provide an explosive safety arc buffer 
during periodic transfer of ammunitions between units, including 
cutters.

DATES: Effective March 25, 2015.

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. Mark R. Evans, U.S. Army Corps of Engineers, 
Jacksonville District, Regulatory Division, at 904-232-2028.

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 
adding Sec.  334.505 to establish a new restricted area in the waters 
of the St. Johns River adjacent to Station Mayport. The amendment to 
this regulation will allow the Commanding Officer, U.S. Coast Guard 
Station Mayport to restrict passage of persons, watercraft, and vessels 
in waters contiguous to this Command, thereby providing greater 
security to the personnel, equipment, cutters and facilities housed at 
the site.
    The proposed rule was published in the July 17, 2014, issue of the 
Federal Register (79 FR 41664), and its regulations.gov docket number 
is COE-2014-0009. In response to the proposed rule, one comment was 
provided by the Marine Chart Division, National Oceanic and Atmospheric 
Administration. The concern voiced pertained to the lack of information 
regarding what horizontal datum was associated with the latitude/
longitude coordinates used to define the restricted area. In response 
to the comment received, we have modified the rule text to include 
datum information within the body of the final rule.

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. This rule has been 
reviewed under the Regulatory Flexibility Act (Pub. L. 96-354). The 
Regulatory Flexibility Act generally requires an agency to prepare a 
regulatory flexibility analysis of any rule subject to the notice-and-
comment rulemaking requirements under the Administrative Procedure Act 
or any other statute unless the agency certifies that the rule will not 
have a significant economic impact on a substantial number of small 
entities (i.e., small businesses and small governments). The restricted 
area regulations is necessary to protect USCG personnel, equipment, 
cutters, and facilities at Station Mayport. The restricted area is also 
necessary to protect the general public from injury or property damage 
during routine and emergency USCG operations. Small entities can 
continue to use the navigable waters of St. Johns River that are 
outside of the restricted area. After considering the economic impacts 
of this danger zone regulation on small entities, I certify that this 
action will not have a significant impact on a substantial number of 
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 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 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

0
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).


0
2. Add Sec.  334.505 to read as follows:


Sec.  334.505  St. Johns River, U.S. Coast Guard Station Mayport, 
Sector Jacksonville, Florida; restricted area.

    (a) The area. The restricted area encompasses 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[deg]23.315366' N, longitude 
081[deg]26.056735' W; thence directly to latitude 30[deg]23.325775' N, 
longitude 081[deg]26.071548' W; thence directly to latitude 
30[deg]23.266063' N, longitude 081[deg]26.132775' W; thence to latitude 
30[deg]23.215082' N, longitude 081[deg]26.1287404' W; thence proceed 
directly to a point on the shoreline at latitude 30[deg]23.204522' N, 
longitude 081[deg]26.111753' W thence following the mean high water 
line to the point of beginning. The datum for these coordinates is 
WGS84.
    (b) The regulation. (1) The restricted area described in paragraph 
(a) of this section is only open to U.S. Government vessels. U.S. 
Government vessels include, but are not limited to, U.S. Coast Guard, 
U.S. Coast Guard Auxiliary, Department of Defense, National Oceanic and 
Atmospheric Administration, state and local law enforcement, emergency 
services and vessels under contract with the U.S. Government. Warning 
signs notifying individuals of the restricted area boundary and 
prohibiting all unauthorized entry into the area will be posted along 
the property boundary.
    (2) All persons, vessels and other craft are prohibited from 
entering, transiting, drifting, dredging or anchoring within the 
restricted area described in paragraph (a) of this section without 
prior approval from the Commanding Officer, U.S. Coast Guard Station 
Mayport or his/her designated representative.
    (3) Fishing, trawling, net-fishing and other aquatic activities are 
prohibited in the restricted area without prior approval from the 
Commanding Officer, U.S. Coast Guard Station Mayport or his/her 
designated representative.

[[Page 9387]]

    (4) The restrictions described in paragraph (b) of this section are 
in effect 24 hours a day, 7 days a week.
    (c) Enforcement. The regulations in this section shall be enforced 
by the Commanding Officer, U.S. Coast Guard Station Mayport and/or such 
persons or agencies as he/she may designate.

    Dated: February 18, 2015.
Edward E. Belk, Jr.,
Chief, Operations and Regulatory Division, Directorate of Civil Works.
[FR Doc. 2015-03625 Filed 2-20-15; 8:45 am]
BILLING CODE 3720-58-P