[Federal Register Volume 73, Number 178 (Friday, September 12, 2008)]
[Rules and Regulations]
[Pages 52926-52928]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21292]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 334


United States Navy Restricted Area, Naval Support Activity, 
Panama City, FL

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 establishing ten 
restricted areas at Naval Support Activity (NSA), Panama City (PC), 
Florida. NSA, Panama City, and its major tenant command, the Naval 
Surface Warfare Center (NSWC), have been recognized as one of the lead 
research, development, test and evaluation laboratories of the U.S. 
Navy. In addition, the Naval Diving and Salvage Training Center (NDSTC) 
was relocated from the Washington Navy Yard to NSA PC and now hosts a 
consolidated training for the U.S. Army Corps of Engineers, U.S. Coast 
Guard, the Navy's satellite dive schools, the U.S. Marine Corps and the 
U.S. Air Force. As such, a large majority of military dive training is 
now concentrated at NSA, PC. The restricted areas in Panama City waters 
meet strict military training parameters that cannot be duplicated 
elsewhere. Military training in and around St. Andrews Bay has existed 
in harmony with local boat traffic and development since 1945. NSA, PC 
is formalizing these ongoing activities within the waters of St. 
Andrews Bay in an effort to maximize public safety and to preserve 
current military training vital to the Global War on Terror and to all 
service military readiness.

DATES: Effective Date: October 14, 2008.

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 Griffin, U.S. Army Corps of Engineers, Jacksonville 
District, Regulatory Division at 904-232-1680.

SUPPLEMENTARY INFORMATION:

I. Background
II. General Comments and Responses
III. Changes to Proposal

I. 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 
amending the regulations in 33 CFR part 334 by establishing ten 
separate restricted areas as described in the SUMMARY paragraph above. 
The proposed regulations were published in the U.S. Army Corps of 
Engineers published a proposed rule in July 18, 2007, issue of the 
Federal Register (72 FR 39355) with a 30-day comment period.

II. General Comments and Responses

    In response to the proposed rule, six comments were received. 
Comments were provided by an energy company, a non-governmental 
environmental organization, a state government department and other 
members of the public. The majority of the comments resulted from a 
misunderstanding of the actual utilization of the proposed restricted 
areas. Generally, the commenters presumed that anytime any of the 
proposed restricted areas were in use the entire area encompassed by 
the restricted area would be closed to public utilization. This is not 
the case since the military intends to utilize safety vessels 
accompanying each training session to define the area within a 
restricted area which is temporarily unavailable to the public. The 
definition of the term ``military security zones'' was redefined to 
make this distinction more apparent. The non-governmental environmental 
organization was concerned about the potential impacts of the military 
training operation on the manatee. The Corps contacted the organization 
to discuss the concerns. During these discussions, it was noted that 
the proposed restricted areas are not an indication of an increase in 
military training; rather it was an effort to provide better protection 
to the military and the public during the training sessions. The 
military use of these areas has been ongoing for many years and the 
proposed establishment of the restricted areas is not anticipated to 
increase the potential for impacts to the manatee. Additionally, the 
military noted the possibility that they would be able to provide 
additional data on the manatee since they will have spotters on each of 
the safety vessels accompanying the training operation. These spotters 
would be able to provide the organization with information on any 
manatee they sighted during the training operations. The organization 
provided a response of concurrence with the findings of the Corps and a 
removal of any objections to the establishment of the restricted areas.

III. Changes to Proposal

    All of the paragraphs containing descriptions of the proposed 
restricted areas were modified to simplify and clarify the geographic 
boundaries of each. All of the restriction related paragraphs were 
revised to better define the term ``military security zones'' and to 
provide information on how activation of the restricted areas is to be 
noticed. The term ``military security zones'' is now more clearly 
identified as specific portion/s within any of the restricted areas 
which are defined by the safety vessels accompanying each training 
exercise. A new subparagraph added to each of the restriction 
paragraphs provided information regarding the notification of 
activation of any of the proposed restricted areas by way of General 
Local Notice to Mariners for normal/routine activations and by Notice 
to Mariners and Broadcast Notice to Mariners for significant exercise 
and training events.

Procedural Requirements

    a. Review Under Executive Order 12866. These rules are 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. These rules have 
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 these restricted areas would 
have practically no economic impact on the public, and would not create 
any anticipated navigational hazard or interference with existing 
waterway traffic. These rules will have no significant economic impact 
on small entities.
    c. Review Under the National Environmental Policy Act. These 
regulations 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.

[[Page 52927]]

    d. Unfunded Mandates Act. These rules do not impose an enforceable 
duty among the private sector and, therefore, are not a Federal private 
sector mandate and are 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 these rules.

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 33 CFR 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.  334.761 to read as follows:


Sec.  334.761  Naval Support Activity Panama City; St. Andrews Bay; 
restricted areas.

    (a) The areas. (1) Area AP-1. The area is bounded by a line 
connecting the following coordinates (listed by latitude, then 
longitude): Northwest point--30[deg]10[min]00[sec] N, 
085[deg]44[min]37[sec] W; Northeast point--30[deg]10[min]00[sec] N, 
085[deg]43[min]17[sec] W; Southeast point--30[deg]09[min]51[sec] N, 
085[deg]43[min]17[sec] W; Southwest point--30[deg]09[min]50[sec] N, 
085[deg]44[min]32[sec] W; following mean high waterline to 
30[deg]09[min]57.5[sec] N, 085[deg]44[min]37[sec] W; then northerly to 
point of origin.
    (2) Area BA-1. The area is bounded by a line directly connecting 
the following coordinates (listed by latitude, then longitude): 
Northwest point--30[deg]11[min]14[sec] N, 085[deg]44[min]59[sec] W; 
Northeast point--30[deg]11[min]13[sec] N, 085[deg]44[min]32[sec] W; 
Southeast point--30[deg]10[min]31[sec] N, 085[deg]44[min]32[sec] W; 
Southwest point--30[deg]10[min]32[sec] N, 085[deg]44[min]59[sec] W, 
then northerly to point of origin.
    (3) Area BA-2. The area is bounded by a line directly connecting 
the following coordinates (listed by latitude, then longitude): 
Northwest point--30[deg]11[min]13[sec] N, 085[deg]44[min]32[sec] W; 
Northeast point--30[deg]11[min]07[sec] N, 085[deg]44[min]01[sec] W; 
Southeast point--30[deg]10[min]32[sec] N, 085[deg]44[min]00[sec] W; 
Southwest point--30[deg]10[min]31[sec] N, 085[deg]44[min]32[sec] W, 
then northerly to point of origin.
    (4) Area BA-3. The area is bounded by a line directly connecting 
the following coordinates (listed by latitude, then longitude): 
Northwest point--30[deg]10[min]32[sec] N, 085[deg]44[min]59[sec] W; 
Northeast point--30[deg]10[min]32[sec] N, 085[deg]44[min]09[sec] W; 
Southeast point--30[deg]10[min]00[sec] N, 085[deg]44[min]09[sec] W; 
Southwest point--30[deg]10[min]01[sec] N, 085[deg]44[min]41[sec] W, 
then northerly to point of origin.
    (5) Area BA-4. The area is bounded by a line directly connecting 
the following coordinates (listed by latitude, then longitude): 
Northwest point--30[deg]10[min]32[sec] N, 085[deg]44[min]09[sec] W; 
Northeast point--30[deg]10[min]32[sec] N, 085[deg]42[min]35[sec] W; 
Southeast point--30[deg]10[min]00[sec] N, 085[deg]42[min]35[sec] W; 
Southwest point--30[deg]10[min]00[sec] N, 085[deg]44[min]09[sec] W, 
then northerly to point of origin.
    (6) Area BA-5. The area is bounded by a line directly connecting 
the following coordinates (listed by latitude, then longitude): North 
point--30[deg]08[min]41[sec] N, e 085[deg]41[min]25[sec] W; East 
point--30[deg]08[min]08[sec] N, 085[deg]40[min]48[sec] W; South point--
30[deg]07[min]00[sec] N, 085[deg]42[min]29[sec] W; West point--
30[deg]07[min]31[sec] N, 085[deg]43[min]09[sec] W, then northerly to 
point of origin.
    (b) The restrictions. (1) For the purposes of this section, 
``military security zones'' are specific portion/s within any of the 
restricted areas identified in this section that are defined by the 
safety vessels accompanying each training exercise. The mission of the 
safety vessels is to maximize safety conditions for both military and 
civilian personnel during exercises conducted within the restricted 
area by intercepting any waterbased activity occurring within the 
active military security zone/s and offering navigational advice to 
ensure the activity remains clear of the exercise.
    (2) All areas identified in this section have the potential to be 
active at any time. The normal/routine activation of any area will be 
noticed to the public via a General Local Notice to Mariners. 
Activation of any area for significant exercises and training events 
will be noticed, in advance and during the event, to the public via 
Notice to Mariners and Broadcast Notice to Mariners.
    (3) Area AP-1. All persons, vessels, and other craft are prohibited 
from entering, transiting, anchoring, or drifting within the military 
security zone/s established in the restricted area during training 
events.
    (4) Areas BA-1 through BA-5. All persons, vessels, and other craft 
are prohibited from entering, transiting, anchoring, or drifting within 
the military security zone/s established in the restricted area during 
training events.
    (c) Enforcement. The regulations in this section shall be enforced 
by the Commanding Officer, Naval Support Activity, Panama City Florida, 
and such agencies as he/she may designate.


0
3. Add Sec.  334.762 to read as follows:


Sec.  334.762  Naval Support Activity Panama City; North Bay and West 
Bay; restricted areas.

    (a) The areas. (1) Area NB-1. The area is bounded by a line 
directly connecting the following coordinates (listed by latitude, then 
longitude): Northwest point--30[deg]12[min]16[sec] N, 
085[deg]44[min]14[sec] W; Northeast point--30[deg]12[min]16[sec] N, 
085[deg]43[min]01[sec] W; Southeast point--30[deg]11[min]16[sec] N, 
085[deg]44[min]14[sec] W; Southwest point--30[deg]11[min]17[sec] N, 
085[deg]44[min]49[sec] W, then northerly to point of origin.
    (2) Area NB-2. The area is bounded by a line directly connecting 
the following coordinates (listed by latitude, then longitude): 
Northwest point--30[deg]14[min]00[sec] N, 085[deg]44[min]14[sec] W; 
Northeast point--30[deg]14[min]00[sec] N, 085[deg]41[min]51[sec] W; 
Southeast point--30[deg]12[min]16[sec] N, 085[deg]43[min]01[sec] W; 
Southwest point--30[deg]12[min]16[sec] N, 085[deg]44[min]14[sec] W, 
then northerly to point of origin.
    (3) Area NB-3. The area is bounded by a line directly connecting 
the following coordinates (listed by latitude, then longitude): North 
point--30[deg]17[min]02[sec] N, 085[deg]45[min]34[sec] W; East point--
30[deg]14[min]56[sec] N, 085[deg]43[min]45[sec] W; South point--
30[deg]14[min]01[sec] N, 085[deg]44[min]59[sec] W; West point--
30[deg]16[min]10[sec] N, 085[deg]46[min]52[sec] W, then northerly to 
point of origin.
    (b) The restrictions. (1) For the purposes of this section, 
``military security zones'' are specific portion/s within any of the 
restricted areas identified in this section that are defined by the 
safety vessels accompanying each training exercise. The mission of the 
safety vessels is to maximize safety conditions for both military and 
civilian personnel during exercises conducted within the restricted 
area by intercepting any waterbased activity occurring within the 
active military security zone/s and offering navigational advice to 
ensure the activity remains clear of the exercise.
    (2) All areas identified in this section have the potential to be 
active at any time. The normal/routine activation of any area will be 
noticed to the public via a General Local Notice to Mariners. 
Activation of any area for significant exercises and training events 
will be noticed, in advance and during the event, to the public via 
Notice to Mariners and Broadcast Notice to Mariners.
    (c) Enforcement. The regulations in this section shall be enforced 
by the Commanding Officer, Naval Support Activity, Panama City Florida, 
and such agencies as he/she may designate.


[[Page 52928]]



0
4. Add Sec.  334.763 to read as follows:


Sec.  334.763  Naval Support Activity Panama City; Gulf of Mexico; 
restricted area.

    (a) The area. The area is bounded by a line directly connecting the 
following coordinates (listed by latitude, then longitude): North 
point--30[deg]10[min]29[sec] N, 085[deg]48[min]20[sec] W; East point--
30[deg]07[min]58[sec] N, 085[deg]44[min]44[sec] W; South point--
30[deg]05[min]24[sec] N, 085[deg]47[min]29[sec] W; West point--
30[deg]07[min]55[sec] N, 085[deg]51[min]05[sec] W, then northerly to 
point of origin.
    (b) The restrictions. (1) For the purposes of this section, 
``military security zones'' are specific portion/s within any of the 
restricted areas identified in this section that are defined by the 
safety vessels accompanying each training exercise. The mission of the 
safety vessels is to maximize safety conditions for both military and 
civilian personnel during exercises conducted within the restricted 
area by intercepting any waterbased activity occurring within the 
active military security zone/s and offering navigational advice to 
ensure the activity remains clear of the exercise.
    (2) All areas identified in this section have the potential to be 
active at any time. The normal/routine activation of any area will be 
noticed to the public via a General Local Notice to Mariners. 
Activation of any area for significant exercises and training events 
will be noticed, in advance and during the event, to the public via 
Notice to Mariners and Broadcast Notice to Mariners.
    (c) Enforcement. The regulations in this section shall be enforced 
by the Commanding Officer, Naval Support Activity, Panama City Florida, 
and such agencies as he/she may designate.

    Dated: September 5, 2008.
James R. Hannon, Jr.,
Acting Chief, Operations, Directorate of Civil Works.
[FR Doc. E8-21292 Filed 9-11-08; 8:45 am]
BILLING CODE 3710-92-P