23 July 2009

[Federal Register: July 23, 2009 (Volume 74, Number 140)]
[Rules and Regulations]               
[Page 36400-36402]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23jy09-4]                         

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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 334

 
Restricted Areas at Cape Canaveral Air Force Station, Patrick 
AFB, FL

AGENCY: United States Army Corps of Engineers, Department of Defense.

ACTION: Final rule.

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SUMMARY: The U.S. Army Corps of Engineers (Corps) is amending its 
restricted area regulations to enlarge an existing restricted area in 
the Banana River and to establish a new restricted area in the Atlantic 
Ocean for the Cape Canaveral Air Force Station (CCAFS), located on 
Patrick Air Force Base (AFB), Florida. We are also removing an existing 
restricted area in the Banana River at CCAFS. CCAFS Command,

[[Page 36401]]

located at Patrick AFB, Florida, is responding to Department of Defense 
(DoD) security assessments which have identified a need for CCAFS to 
have the capability to secure their shoreline. The enhancement of these 
capabilities is necessary to counter postulated threats to CCAFS.

DATES: Effective Date: August 24, 2009.

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 
revising Sec.  334.540, removing Sec.  334.550, and adding Sec.  
334.595. The modifications to the regulations are described below.
    The proposed rule was published in the March 18, 2009, issue of the 
Federal Register (74 FR 11507), and its regulations.gov docket number 
is COE-2009-0001. No comments were received in response to the proposed 
rule.
    The amendment to this regulation will allow the Commanding Officer, 
CCAFS to restrict passage of persons, watercraft, and vessels in waters 
contiguous to this Command, thereby ensuring that DoD identified 
security enhancements can be met.

Procedural Requirements

    a. Review Under Executive Order 12866. This 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 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). The Corps determined that this rule would have 
practically no economic impact on the public, or result in no 
anticipated navigational hazard or interference with existing waterway 
traffic. This rule 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 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.

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. Revise Sec.  334.540 to read as follows:


Sec.  334.540  Banana River at the Eastern Range, 45th Space Wing, Cape 
Canaveral Air Force Station, 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, within the 
Banana River contiguous to the area offshore of Cape Canaveral Air 
Force Station, Florida. The area is bounded by a line connecting the 
following coordinates: Commencing from the shoreline at the southeast 
portion of the area, at approximately latitude 28[deg]25.17' N, 
longitude 80[deg]36.24' W, thence directly to latitude 28[deg]25.18' N, 
longitude 80[deg]36.65' W, thence directly to latitude 28[deg]25.25' N, 
longitude 80[deg]36.66' W, thence directly to latitude 28[deg]25.22' N, 
longitude 80[deg]38.36' W, thence directly to latitude 28[deg]26.23' N, 
longitude 80[deg]38.25' W, thence directly to latitude 28[deg]26.23' N, 
longitude 80[deg]38.47' W, thence to reach the south side of the 
Kennedy Space Center NASA Causeway East Roadway at approximately 
latitude 28[deg]30.74' N, longitude 80[deg]36.63' W.
    (b) The regulation. (1) The area described in paragraph (a) of this 
section will be closed when it is deemed necessary by the Commander, 
45th Space Wing or his/her designee to address any perceived threat to 
the local area. 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 without the permission of the 
Commander, 45th Space Wing or his/her designee.
    (2) Due to the nature of this restricted area, closures may occur 
with very little advance notice. Closure of the area shall be noticed 
by the display of a red beacon located at the southern entrance to Cape 
Canaveral Air Force Station. Information will be provided via marine 
radio broadcast during the duration of the area closure.
    (c) Enforcement. The regulations in this section shall be enforced 
by the Commander, 45th Space Wing, Patrick Air Force Base, Florida and/
or such persons or agencies as he/she may designate.


Sec.  334.550  [Removed]

0
3. Remove Sec.  334.550.


0
4. Add Sec.  334.595 to read as follows:


Sec.  334.595  Atlantic Ocean off Cape Canaveral; 45th Space Wing, Cape 
Canaveral Air Force Station, 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 Cape Canaveral Air Force Station, Florida. The 
area is bounded by a line connecting the following coordinates: 
Commencing from the shoreline at the northwest portion of the area, at 
latitude 28[deg]35.008' N, longitude 80[deg]34.448' W, thence directly 
to latitude 28[deg]35.617' N, longitude 80[deg]33.140' W, thence 
following the mean high water line southerly at a distance of 1.5 miles 
to a point at latitude 28[deg]24.253' N longitude 80[deg]33.658' W, 
thence proceeding westerly to terminate at a point on the shoreline at 
latitude 28[deg]24.69' N, longitude 80[deg]35.05' W.
    (b) The regulation. (1) The area described in paragraph (a) of this 
section will be closed when it is deemed necessary by the Commander, 
45th Space Wing or his/her designee to address any perceived threat to 
the local area. 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 without the permission of the 
Commander, 45th Space Wing or his/her designee.

[[Page 36402]]

    (2) Due to the nature of this restricted area, closures may occur 
with very little advance notice. Closure of the area shall be noticed 
by the display of a red ball and red beacon from a 90-foot pole near 
the shoreline at approximately latitude 28[deg]35.0' N, longitude 
80[deg]34.8' W and from a 90-foot pole near the shoreline at 
approximately latitude 28[deg]25.3' N, longitude 80[deg]35.0' W. 
Information will be provided via marine radio broadcast and a warning 
statement displayed on an electronic marquee sign located on the north 
side of the Port Canaveral ship channel between the Trident and 
Poseidon Wharf during the duration of the area closure.
    (c) Enforcement. The regulations in this section shall be enforced 
by the Commander, 45th Space Wing, Patrick Air Force Base, Florida and/
or such persons or agencies as he/she may designate.

    Dated: July 19, 2009.
Michael G. Ensch,
Chief, Operations, Directorate of Civil Works.
[FR Doc. E9-17551 Filed 7-22-09; 8:45 am]

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