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[Federal Register: June 18, 2010 (Volume 75, Number 117)]
[Rules and Regulations]               
[Page 34643]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18jn10-11]                         

[[Page 34643]]

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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.

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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.

0
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.  334.525 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 follow 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 proceed 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.

    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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