```

[Federal Register: February 25, 2010 (Volume 75, Number 37)]
[Proposed Rules]               
[Page 8570-8571]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25fe10-33]                         

-----------------------------------------------------------------------

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: 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 its regulations to establish 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: Written comments must be submitted on or before March 29, 2010.

ADDRESSES: You may submit comments, identified by docket number COE-
2010-0001, 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-2010-0001, 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-2010-0001. 
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 e-mail. 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

[[Page 8571]]

proposing to amend the regulations in 33 CFR part 334 by establishing a 
new restricted area in Florida offshore of the KSC facilities. The 
proposed amendment 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. The proposed rule is issued 
with respect to a military function of the Defense Department 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 will 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 to 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 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 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. Add Sec.  334.525 to read as follows:


Sec.  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[deg]35.008' N, longitude 80[deg]34.448' W, 
thence directly to latitude 28[deg]35.716' N, longitude 80[deg]32.938' 
W, thence following the mean high water line northerly at a distance of 
1.5 nautical miles to a point at latitude 28[deg]43.566' N longitude 
80[deg]39.094' W, thence proceeding westerly to terminate at a point on 
the shoreline at latitude 28[deg]43.566' N, longitude 80[deg]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.

    Dated: February 19, 2010.
Michael G. Ensch,
Chief, Operations, Directorate of Civil Works.
[FR Doc. 2010-3848 Filed 2-24-10; 8:45 am]
BILLING CODE 3720-58-P
```