United States Navy Restricted Area, Naval Support Activity, Panama City, FL, 39355-39357 [E7-13933]

Download as PDF Federal Register / Vol. 72, No. 137 / Wednesday, July 18, 2007 / Proposed Rules with a better focus on potentially risksignificant problems. The request for public review of onsite security plans cannot be granted because public review of these plans is not permissible. Allowing the details of these plans to be made public could aid adversaries. However, information concerning emergency plans is publicly available. Residents within a radius of approximately 10 miles from a nuclear power plant receive emergency information materials annually, including information about protective actions such as evacuation and sheltering. For more information concerning emergency plans, including public inspection of these plans, a resident should contact their local emergency management organization. The petition also seeks revisions to NRC regulations because the petitioner claims that the Price-Andersen Act , the structures of corporate organizations, and NRC regulations do not adequately provide financial protection for individuals harmed by releases of nuclear material following an incident or attack at a nuclear facility. This claim challenges a statutory framework that the NRC is not authorized to change. Further, the petition does not explain why the current NRC regulations do not assure that the public will receive prompt financial compensation under available indemnity and underlying financial protection for damage resulting from the hazardous properties of radioactive materials or radiation. The petition seeks other relief related to security issues at nuclear power plants. The petition does not provide significant new information or arguments that were not previously considered by the Commission in its final rule on the Design Basis Threat, which was published in the Federal Register on March 19, 2007 (72 FR 12705), and became effective on April 18, 2007. For the reasons cited in this document, the NRC denies this petition. Dated at Rockville, Maryland, this 12th day of July 2007. For the Nuclear Regulatory Commission. Annette L. Vietti-Cook, Secretary of the Commission. [FR Doc. E7–13924 Filed 7–17–07; 8:45 am] rmajette on PROD1PC64 with PROPOSALS BILLING CODE 7590–01–P FEDERAL TRADE COMMISSION 16 CFR Part 24 Guides for Select Leather and Imitation Leather Products; Corrections AGENCY: Federal Trade Commission. VerDate Aug<31>2005 14:36 Jul 17, 2007 Jkt 211001 Request for public comments; correction. ACTION: SUMMARY: The Federal Trade Commission published a document in the Federal Register on May 23, 2007 (72 FR 28906) requesting public comments on the Commission’s Guides for Select Leather and Imitation Leather Products (‘‘Leather Guides’’). Inadvertently, the ADDRESSES Block of the Federal Register Notice did not state that if the Notice appeared at http:// www.regulations.gov, members of the public could file an electronic comment through that Web site, as well as by accessing the following Web site: https://secure.commentworks.com/ftcleatherguides, and following the instructions on the web-based form. FOR FURTHER INFORMATION CONTACT: Donald S. Clark, Secretary of the Commission, at (202) 326–2514. SUPPLEMENTARY INFORMATION: This is a summary of the FTC’s Erratum. The ADDRESSES Block in the May 23, 2007 Notice is amended to add the following two sentences at the end of the first paragraph in the ADDRESSES Block: ‘‘If this notice appears at http:// www.regulations.gov, you may also file an electronic comment through that Web site. The Commission will consider all comments that regulations.gov forwards to it.’’ Donald S. Clark, Secretary. [FR Doc. E7–13833 Filed 7–17–07; 8:45 am] BILLING CODE 6750–01–P 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. Notice of proposed rulemaking and request for comments. ACTION: SUMMARY: The U.S. Army Corps of Engineers (Corps) is proposing to establish 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 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 39355 Salvage Training Center (NDSTC) 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 proposed 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 requests to formalize these ongoing activities within the waters of St. Andrews Bay in efforts to maximize public safety and to preserve current military training vital to the Global War on Terror and to all service military readiness. DATES: Written comments must be submitted on or before August 17, 2007. ADDRESSES: You may submit comments, identified by docket number COE– 2007–0017, 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–2007–0017 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–2007–0017. All comments received will be included in the public docket without change and may be made available on-line at http://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 email. 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 E:\FR\FM\18JYP1.SGM 18JYP1 39356 Federal Register / Vol. 72, No. 137 / Wednesday, July 18, 2007 / Proposed Rules 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. Consideration will be given to all comments received within 30 days of the date of publication of this notice. FOR FURTHER INFORMATION CONTACT: Mr. David Olson, Headquarters, Operations and Regulatory Community of Practice, Washington, DC at 202–761–4922 or Ms. Teresa Zar, U.S. Army Corps of Engineers, Jacksonville District, Panama City Regulatory Field Office at 850–763– 0717 ext 26. 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 proposing to amend the regulations in 33 CFR part 334 by establishing ten separate restricted areas. rmajette on PROD1PC64 with PROPOSALS Procedural Requirements a. Review Under Executive Order 12866. The proposed 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. The proposed 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). Unless information is obtained to the contrary during the public notice comment period, the VerDate Aug<31>2005 14:36 Jul 17, 2007 Jkt 211001 Corps expects that the economic impact of the proposed restricted areas would have practically no impact on the public, any anticipated navigational hazard or interference with existing waterway traffic. These proposed rules, if adopted, will have no significant economic impact on small entities. c. Review Under the National Environmental Policy Act. The Corps expects that these proposed 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 will be prepared after the public notice period is closed and all comments have been received and considered. After it is prepared, it may be reviewed at the District office listed at the end of the FOR FURTHER INFORMATION CONTACT, above. d. Unfunded Mandates Act. These proposed 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. 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 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). 2. Add § 334.761 to read as follows: § 334.761 Naval Support Activity Panama City; St. Andrews Bay; restricted areas. (a) The areas—(1) Area AP–1. Bounded by a line drawn in the direction of : latitude 30°10′00″ N, longitude 085°44′37″ W; latitude 30°10′00″ N, longitude 085°43′17″ W; latitude 30°09′51″ N, longitude 085°43′17″ W; latitude 30°09′50″ N, longitude 085°44′37″ W. 1.259 nm @ 185°T from center of Hathaway Bridge to NW corner; 1.659 nm @ 139°T to NE corner; 1.788 nm @ 143°T to SE corner; 1.426 nm @ 183°T to SW corner. (2) Area BA–1. Bounded by a line drawn in the direction of: latitude PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 30°11′14″ N, longitude 085°44′59″ W; latitude 30°11′13″ N, longitude 085°44′32″ W; latitude 30°10′31″ N, longitude 085°44′32″ W; latitude 30°10′32″ N, longitude 085°44′59″ W @ 0.432 nm @ 268°T from center of Hathaway Bridge to NW corner; 63.8 yds @ 180°T to NE corner; 0.726 nm @ 180°T to SE corner; 0.825 nm @ 208°T to SW corner. (3) Area BA–2. Bounded by a line drawn in the direction of: latitude 30°11′13″ N, longitude 085°44′ 32″ W; latitude 30°11′7″ N, longitude 085°44′0″ W; latitude 30°10′32″ N, longitude 085°44′0″ W; latitude 30°10′31″ N, longitude 085°44′32″ W. 63.8 yds @ 180°T from center of Hathaway Bridge to NW corner @ 0.489 nm @ 107°T to NE corner; 0.861 nm @ 147°T to SE corner; 0.726 nm @ 180°T to SW corner. (4) Area BA–3. Bounded by a line drawn in the direction of: latitude 30°10′32″ N, longitude 085°44′59″ W; latitude 30°10′32″ N, longitude 085°44′9″ W; latitude 30°10′00″ N, longitude 085°44′9″ W; latitude 30°10′ 00″ N, longitude 085°44′40″ W. 0.825 nm @ 208°T from center of Hathaway Bridge to NW corner @ 0.797 nm @ 156°T to NE corner; 1.303 nm @ 165°T to SE corner; 1.266 nm @ 185°T to SW corner. (5) Area BA–4. Bounded by a line drawn in the direction of: latitude 30°10′32″ N, longitude 085°44′9″ W; latitude 30°10′32″ N, longitude 085°42′35 W; latitude 30°10′0″ N, longitude 085°42′35″ W; latitude 30°10′00″ N, longitude 085°44′9″ W. 0.797 nm @ 156°T from center of Hathaway Bridge to NW corner; 1.835 nm @ 113°T to NE corner; 2.106 nm @ 127°T to SE corner; 1.303 nm @ 165°T to SW corner. (6) Area BA–5. Bounded by a line drawn in the direction of: latitude 30°08′41″ N, longitude 085°41′25″ W; latitude 30°08′8″ N, longitude 085°40′48″ W; latitude 30°07′0″ N, longitude 085°42′29″ W; latitude 30°07′31″ N, longitude 085°43′9″ W. 3.734 nm @ 134°T from center of Hathaway Bridge to NW corner; 4.484 nm @ 134°T to NE corner; 4.616 nm @ 157°T to SE corner; 3.927 nm @ 162°T to SW corner. (b) The restrictions. (1) For the purposes of this section, ‘‘military security zones’’ are areas established by safety vessels that accompany each training exercise and ward off private boat traffic by offering them navigational advice to remain clear of the exercise. (2) Area AP–1. In the area described in paragraph (a)(1) of this section, nonresidents (i.e., boat owners who do not own property south of the area E:\FR\FM\18JYP1.SGM 18JYP1 Federal Register / Vol. 72, No. 137 / Wednesday, July 18, 2007 / Proposed Rules described in paragraph (a)(1) of this section) and their vessels may not enter or remain within the restricted area from 0700 hrs to 0400 hrs. Residents and their vessels may not enter or remain within military security zones established in the restricted area during training events. All other civilian waterborne activities (fishing, trolling, waterskiing, jet-skiing, etc.) are prohibited in the restricted area during training activities. (3) Areas BA–1 through BA–5. In the areas described in paragraphs (a)(2) through (a)(6) of this section, no person or vessel may enter or remain within military security zones established in the restricted areas during training events. All other civilian water-borne activities (fishing, trolling, waterskiing, jet-skiing, etc.) are prohibited in the restricted areas during training activities. (c) Enforcement. The regulations in this section shall be enforced by the Officer in Charge, Naval Support Activity Panama City, Panama City Beach Florida, and such agencies as he/ she may designate. 3. Add § 334.762 to read as follows: rmajette on PROD1PC64 with PROPOSALS § 334.762 Naval Support Activity Panama City; North Bay and West Bay; restricted areas. (a) The areas—(1) Area NB–1. Bounded by a line drawn in the direction of: latitude 30°12′16″ N, longitude 085°44′14″ W; latitude 30°12′16″ N, longitude 085°43′1″ W; latitude 30°11′16″ N, longitude 085°44′14″ W; latitude 30°11′17″ N, longitude 085°44′49″ W. 1.046 nm @ 014°T from center of Hathaway Bridge to NW corner; 1.662 nm @ 053°T to NE corner; 0.262 nm @ 087°T to SE corner; 0.248 nm @ 278°T to SW corner. (2) Area NB–2. Bounded by a line drawn in the direction of: latitude 30°14′0″ N, longitude 085°44′14″ W; latitude 30°14′0″ N, longitude 085°41′51″ W; latitude 30°12′16″ N, longitude 085°43′1″ W; latitude 30°12′ 16″ N, longitude 085°44′14″ W. 2.762 nm @ 005°T from center of Hathaway Bridge to NW corner; 3.584 nm @ 040°T to NE corner; 1.662 nm @ 053°T to SE corner; 1.046 nm @ 014°T to SW corner. (3) Area NB–3. Bounded by a line drawn in the direction of: latitude 30°16′10″ N, longitude 085°46′52″ W; latitude 30°17′ ″ N, longitude 085°45′34″ W; latitude 30°14′56″ N, longitude 085°43′45″ W; latitude 30°14′ 1″ N, longitude 085°44′ 59″ W. 5.313 nm @ 338°T from center of Hathaway Bridge to NW corner; 5.852 nm @ 351°T to NE corner; 3.742 nm @ 010°T to SE corner; 2.802 nm @ 352°T to SW corner. VerDate Aug<31>2005 14:36 Jul 17, 2007 Jkt 211001 (b) The restrictions. (1) In the areas described in paragraphs (a)(1) through (a)(3) of this section, no person or vessel may enter or remain within military security zones established in the restricted area during training events. For the purposes of this section, ‘‘military security zones’’ are areas established by safety vessels that accompany each training exercise and ward off private boat traffic by offering them navigational advice to remain clear of the exercise. All other civilian water-borne activities (fishing, trolling, waterskiing, jet-skiing, etc.) are prohibited in the restricted areas during training activities. (c) Enforcement. The regulations in this section shall be enforced by the Officer in Charge, Naval Support Activity Panama City, Panama City Beach Florida, and such agencies as he/ she may designate. 4. Add § 334.763 to read as follows: § 334.763 Naval Support Activity Panama City; Gulf of Mexico; restricted area. (a) The area. Bounded by a line drawn in the direction of: latitude 30°10′29″ N, longitude 085°48′20″ W; latitude 30°07′58″ N, longitude 085°44′44″ W; latitude 30°05′24″ N, longitude 085°47′29″ W; latitude 30°07′55″ N, longitude 085°51′5″ W. 4.921 nm @ 312°T from north jetty to St. Andrews Bay, (Colregs demarcation line) to NW corner; 0.944 nm @ 324°T to NE corner; 3.451 nm @ 238°T to SE corner; 6.098 nm @ 277°T to SW corner. (b) The restrictions. In the area described in paragraph (a)(2) of this section, no person or vessel may enter or remain within military security zones established in the restricted area during training events. For the purposes of this section, ‘‘military security zones’’ are areas established by safety vessels that accompany each training exercise and ward off private boat traffic by offering them navigational advice to remain clear of the exercise. All other civilian water-borne activities (fishing, trolling, waterskiing, jet-skiing, etc.) are prohibited in the restricted areas during training activities. (c) Enforcement. The regulations in this section shall be enforced by the Officer in Charge, Naval Support Activity Panama City, Panama City Beach Florida, and such agencies as he/ she may designate. Dated: July 13, 2007. Lawrence A. Lang, Acting Chief, Operations, Directorate of Civil Works. [FR Doc. E7–13933 Filed 7–17–07; 8:45 am] BILLING CODE 3710–92–P PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 39357 FEDERAL COMMUNICATIONS COMMISSION 47 CFR Parts 2 and 25 [IB Docket No. 07–101; FCC 07–86] Proposal to Allocate Spectrum and Adopt Rules to License VehicleMounted Earth Stations in Certain Kuband Frequencies Allocated to the Fixed-Satellite Service Federal Communications Commission. ACTION: Notice of proposed rulemaking. AGENCY: SUMMARY: The Federal Communications Commission seeks comment on whether to license Vehicle-Mounted Earth Stations as an application of the FixedSatellite Service in the conventional and extended Ku-band frequencies. The Commission initiates this proceeding in response to a petition for rulemaking filed by General Dynamics SATCOM Technologies, Inc. General Dynamics asks the Commission to amend parts 2 and 25 of the rules to allocate spectrum for use with VMES in the FSS in the Kuband uplink at 14.0–14.5 GHz and Kuband downlink at 11.7–12.2 GHz on a primary basis, and in the extended Kuband downlink at 10.95–11.2 GHz and 11.45–11.7 GHz on a non-protected basis, and to adopt Ku-band VMES licensing and service rules modeled on the Commission’s rules for Ku-band Earth Stations on Vessels. The Notice of Proposed Rulemaking seeks comment on the proposed adoption of co-primary allocation for VMES applications in the conventional Ku-band frequencies, and also seeks comment on service rules for VMES, possibly modeled on the current ESV rules. The NPRM observes that some of the broader applications of VMES, involving use, by the general public, of ultra-small antennas on cars and trucks, raise additional technical questions with respect to compliance with the Commission’s Ku-band interference avoidance requirements. The NPRM therefore seeks comment on whether the broad commercial use, by the general public, of ultra-small antennas on vehicles traversing throughout the United States raises the potential for harmful interference to other FSS licensees or Federal government space research service and radio astronomy service operations, and, if so, whether there are technical rules that the Commission could adopt to mitigate against such harms. DATES: Comments are due on or before August 17, 2007 and reply comments are due on or before September 4, 2007. Public and agency comments on the E:\FR\FM\18JYP1.SGM 18JYP1

Agencies

[Federal Register Volume 72, Number 137 (Wednesday, July 18, 2007)]
[Proposed Rules]
[Pages 39355-39357]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-13933]


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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: Notice of proposed rulemaking and request for comments.

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

SUMMARY: The U.S. Army Corps of Engineers (Corps) is proposing to 
establish 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) 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 proposed 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 requests to formalize these ongoing 
activities within the waters of St. Andrews Bay in efforts to maximize 
public safety and to preserve current military training vital to the 
Global War on Terror and to all service military readiness.

DATES: Written comments must be submitted on or before August 17, 2007.

ADDRESSES: You may submit comments, identified by docket number COE-
2007-0017, 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-2007-0017 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-2007-0017. 
All comments received will be included in the public docket without 
change and may be made available on-line at http://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

[[Page 39356]]

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.
    Consideration will be given to all comments received within 30 days 
of the date of publication of this notice.

FOR FURTHER INFORMATION CONTACT: Mr. David Olson, Headquarters, 
Operations and Regulatory Community of Practice, Washington, DC at 202-
761-4922 or Ms. Teresa Zar, U.S. Army Corps of Engineers, Jacksonville 
District, Panama City Regulatory Field Office at 850-763-0717 ext 26.

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 proposing to amend the regulations in 33 CFR 
part 334 by establishing ten separate restricted areas.

Procedural Requirements

    a. Review Under Executive Order 12866. The proposed 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. The proposed 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). Unless information is obtained to 
the contrary during the public notice comment period, the Corps expects 
that the economic impact of the proposed restricted areas would have 
practically no impact on the public, any anticipated navigational 
hazard or interference with existing waterway traffic. These proposed 
rules, if adopted, will have no significant economic impact on small 
entities.
    c. Review Under the National Environmental Policy Act. The Corps 
expects that these proposed 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 will be prepared after the public notice 
period is closed and all comments have been received and considered. 
After it is prepared, it may be reviewed at the District office listed 
at the end of the FOR FURTHER INFORMATION CONTACT, above.
    d. Unfunded Mandates Act. These proposed 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.

    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 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).

    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. Bounded by a line drawn in the 
direction of : latitude 30[deg]10'00'' N, longitude 085[deg]44'37'' W; 
latitude 30[deg]10'00'' N, longitude 085[deg]43'17'' W; latitude 
30[deg]09'51'' N, longitude 085[deg]43'17'' W; latitude 30[deg]09'50'' 
N, longitude 085[deg]44'37'' W. 1.259 nm @ 185[deg]T from center of 
Hathaway Bridge to NW corner; 1.659 nm @ 139[deg]T to NE corner; 1.788 
nm @ 143[deg]T to SE corner; 1.426 nm @ 183[deg]T to SW corner.
    (2) Area BA-1. Bounded by a line drawn in the direction of: 
latitude 30[deg]11'14'' N, longitude 085[deg]44'59'' W; latitude 
30[deg]11'13'' N, longitude 085[deg]44'32'' W; latitude 30[deg]10'31'' 
N, longitude 085[deg]44'32'' W; latitude 30[deg]10'32'' N, longitude 
085[deg]44'59'' W @ 0.432 nm @ 268[deg]T from center of Hathaway Bridge 
to NW corner; 63.8 yds @ 180[deg]T to NE corner; 0.726 nm @ 180[deg]T 
to SE corner; 0.825 nm @ 208[deg]T to SW corner.
    (3) Area BA-2. Bounded by a line drawn in the direction of: 
latitude 30[deg]11'13'' N, longitude 085[deg]44' 32'' W; latitude 
30[deg]11'7'' N, longitude 085[deg]44'0'' W; latitude 30[deg]10'32'' N, 
longitude 085[deg]44'0'' W; latitude 30[deg]10'31'' N, longitude 
085[deg]44'32'' W. 63.8 yds @ 180[deg]T from center of Hathaway Bridge 
to NW corner @ 0.489 nm @ 107[deg]T to NE corner; 0.861 nm @ 147[deg]T 
to SE corner; 0.726 nm @ 180[deg]T to SW corner.
    (4) Area BA-3. Bounded by a line drawn in the direction of: 
latitude 30[deg]10'32'' N, longitude 085[deg]44'59'' W; latitude 
30[deg]10'32'' N, longitude 085[deg]44'9'' W; latitude 30[deg]10'00'' 
N, longitude 085[deg]44'9'' W; latitude 30[deg]10' 00'' N, longitude 
085[deg]44'40'' W. 0.825 nm @ 208[deg]T from center of Hathaway Bridge 
to NW corner @ 0.797 nm @ 156[deg]T to NE corner; 1.303 nm @ 165[deg]T 
to SE corner; 1.266 nm @ 185[deg]T to SW corner.
    (5) Area BA-4. Bounded by a line drawn in the direction of: 
latitude 30[deg]10'32'' N, longitude 085[deg]44'9'' W; latitude 
30[deg]10'32'' N, longitude 085[deg]42'35 W; latitude 30[deg]10'0'' N, 
longitude 085[deg]42'35'' W; latitude 30[deg]10'00'' N, longitude 
085[deg]44'9'' W. 0.797 nm @ 156[deg]T from center of Hathaway Bridge 
to NW corner; 1.835 nm @ 113[deg]T to NE corner; 2.106 nm @ 127[deg]T 
to SE corner; 1.303 nm @ 165[deg]T to SW corner.
    (6) Area BA-5. Bounded by a line drawn in the direction of: 
latitude 30[deg]08'41'' N, longitude 085[deg]41'25'' W; latitude 
30[deg]08'8'' N, longitude 085[deg]40'48'' W; latitude 30[deg]07'0'' N, 
longitude 085[deg]42'29'' W; latitude 30[deg]07'31'' N, longitude 
085[deg]43'9'' W. 3.734 nm @ 134[deg]T from center of Hathaway Bridge 
to NW corner; 4.484 nm @ 134[deg]T to NE corner; 4.616 nm @ 157[deg]T 
to SE corner; 3.927 nm @ 162[deg]T to SW corner.
    (b) The restrictions. (1) For the purposes of this section, 
``military security zones'' are areas established by safety vessels 
that accompany each training exercise and ward off private boat traffic 
by offering them navigational advice to remain clear of the exercise.
    (2) Area AP-1. In the area described in paragraph (a)(1) of this 
section, non-residents (i.e., boat owners who do not own property south 
of the area

[[Page 39357]]

described in paragraph (a)(1) of this section) and their vessels may 
not enter or remain within the restricted area from 0700 hrs to 0400 
hrs. Residents and their vessels may not enter or remain within 
military security zones established in the restricted area during 
training events. All other civilian water-borne activities (fishing, 
trolling, waterskiing, jet-skiing, etc.) are prohibited in the 
restricted area during training activities.
    (3) Areas BA-1 through BA-5. In the areas described in paragraphs 
(a)(2) through (a)(6) of this section, no person or vessel may enter or 
remain within military security zones established in the restricted 
areas during training events. All other civilian water-borne activities 
(fishing, trolling, waterskiing, jet-skiing, etc.) are prohibited in 
the restricted areas during training activities.
    (c) Enforcement. The regulations in this section shall be enforced 
by the Officer in Charge, Naval Support Activity Panama City, Panama 
City Beach Florida, and such agencies as he/she may designate.
    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. Bounded by a line drawn in the 
direction of: latitude 30[deg]12'16'' N, longitude 085[deg]44'14'' W; 
latitude 30[deg]12'16'' N, longitude 085[deg]43'1'' W; latitude 
30[deg]11'16'' N, longitude 085[deg]44'14'' W; latitude 30[deg]11'17'' 
N, longitude 085[deg]44'49'' W. 1.046 nm @ 014[deg]T from center of 
Hathaway Bridge to NW corner; 1.662 nm @ 053[deg]T to NE corner; 0.262 
nm @ 087[deg]T to SE corner; 0.248 nm @ 278[deg]T to SW corner.
    (2) Area NB-2. Bounded by a line drawn in the direction of: 
latitude 30[deg]14'0'' N, longitude 085[deg]44'14'' W; latitude 
30[deg]14'0'' N, longitude 085[deg]41'51'' W; latitude 30[deg]12'16'' 
N, longitude 085[deg]43'1'' W; latitude 30[deg]12' 16'' N, longitude 
085[deg]44'14'' W. 2.762 nm @ 005[deg]T from center of Hathaway Bridge 
to NW corner; 3.584 nm @ 040[deg]T to NE corner; 1.662 nm @ 053[deg]T 
to SE corner; 1.046 nm @ 014[deg]T to SW corner.
    (3) Area NB-3. Bounded by a line drawn in the direction of: 
latitude 30[deg]16'10'' N, longitude 085[deg]46'52'' W; latitude 
30[deg]17' '' N, longitude 085[deg]45'34'' W; latitude 30[deg]14'56'' 
N, longitude 085[deg]43'45'' W; latitude 30[deg]14' 1'' N, longitude 
085[deg]44' 59'' W. 5.313 nm @ 338[deg]T from center of Hathaway Bridge 
to NW corner; 5.852 nm @ 351[deg]T to NE corner; 3.742 nm @ 010[deg]T 
to SE corner; 2.802 nm @ 352[deg]T to SW corner.
    (b) The restrictions. (1) In the areas described in paragraphs 
(a)(1) through (a)(3) of this section, no person or vessel may enter or 
remain within military security zones established in the restricted 
area during training events. For the purposes of this section, 
``military security zones'' are areas established by safety vessels 
that accompany each training exercise and ward off private boat traffic 
by offering them navigational advice to remain clear of the exercise. 
All other civilian water-borne activities (fishing, trolling, 
waterskiing, jet-skiing, etc.) are prohibited in the restricted areas 
during training activities.
    (c) Enforcement. The regulations in this section shall be enforced 
by the Officer in Charge, Naval Support Activity Panama City, Panama 
City Beach Florida, and such agencies as he/she may designate.
    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. Bounded by a line drawn in the direction of: latitude 
30[deg]10'29'' N, longitude 085[deg]48'20'' W; latitude 30[deg]07'58'' 
N, longitude 085[deg]44'44'' W; latitude 30[deg]05'24'' N, longitude 
085[deg]47'29'' W; latitude 30[deg]07'55'' N, longitude 085[deg]51'5'' 
W. 4.921 nm @ 312[deg]T from north jetty to St. Andrews Bay, (Colregs 
demarcation line) to NW corner; 0.944 nm @ 324[deg]T to NE corner; 
3.451 nm @ 238[deg]T to SE corner; 6.098 nm @ 277[deg]T to SW corner.
    (b) The restrictions. In the area described in paragraph (a)(2) of 
this section, no person or vessel may enter or remain within military 
security zones established in the restricted area during training 
events. For the purposes of this section, ``military security zones'' 
are areas established by safety vessels that accompany each training 
exercise and ward off private boat traffic by offering them 
navigational advice to remain clear of the exercise. All other civilian 
water-borne activities (fishing, trolling, waterskiing, jet-skiing, 
etc.) are prohibited in the restricted areas during training 
activities.
    (c) Enforcement. The regulations in this section shall be enforced 
by the Officer in Charge, Naval Support Activity Panama City, Panama 
City Beach Florida, and such agencies as he/she may designate.

    Dated: July 13, 2007.
Lawrence A. Lang,
Acting Chief, Operations, Directorate of Civil Works.
 [FR Doc. E7-13933 Filed 7-17-07; 8:45 am]
BILLING CODE 3710-92-P