Restricted Areas at Cape Canaveral Air Force Station, Patrick AFB, FL, 11507-11509 [E9-5746]
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Federal Register / Vol. 74, No. 51 / Wednesday, March 18, 2009 / Proposed Rules
Diamond Aircraft Industries GmbH
Mandatory Service Bulletin No. MSB40–046/
1, No. MSBD4–046/1, dated April 25, 2007,
or Diamond Aircraft Industries GmbH
Mandatory Service Bulletin No. MSB40–046/
3, No. MSBD4–046/3, dated November 17,
2008.
(2) If any cracks are found during the
inspection required in paragraph (f)(1) of the
AD or during any inspection required in
paragraph (f)(2)(ii) or (f)(3) of this AD, replace
the NLG leg before further flight. Do the
replacement following Diamond Aircraft
Industries GmbH Mandatory Service Bulletin
No. MSB40–046/1, No. MSBD4–046/1, dated
April 25, 2007; or Diamond Aircraft
Industries GmbH Mandatory Service Bulletin
No. MSB40–046/3, No. MSBD4–046/3, dated
November 17, 2008.
(i) Replacing a NLG leg with a part number
(P/N) D41–3223–10–00_1 or higher (_2, _3,
etc.) terminates the repetitive inspections
required in this AD.
(ii) Replacing a NLG leg with a P/N D41–
3223–10–00 requires repetitive inspections as
specified in paragraph (f)(3) of this AD until
a P/N D41–3223–10–00_1 or higher (_2, _3,
etc.) is installed.
(3) If no cracks are found during the
inspection required in paragraph (f)(1) of this
AD or cracked NLG leg is replaced with a P/
N D41–3223–10–00 NLG leg, repetitively
inspect thereafter at intervals not to exceed
12 months or 200 hours TIS, whichever
occurs later, until a P/N D41–3223–10–00_1
or higher (_2, _3, etc.) is installed. Do these
repetitive inspections following Diamond
Aircraft Industries GmbH Mandatory Service
Bulletin No. MSB40–046/3, No. MSBD4–046/
3, dated November 17, 2008.
(i) If a repetitive inspection occurs before
the effective date of this AD, then you may
use Diamond Aircraft Industries GmbH
Mandatory Service Bulletin No. MSB40–046/
1, No. MSBD4–046/1, dated April 25, 2007.
(ii) All inspections that occur after the
effective date of this AD must be done
following Diamond Aircraft Industries GmbH
Mandatory Service Bulletin No. MSB40–046/
3, No. MSBD4–046/3, dated November 17,
2008.
(4) After installing a P/N D41–3223–10–
00_1 or higher (_2, _3, etc.) as a replacement
part, installing a NLG leg P/N D41–3223–10–
00 is no longer allowed.
FAA AD Differences
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Note: This AD differs from the MCAI and/
or service information as follows: No
differences.
Other FAA AD Provisions
(g) The following provisions also apply to
this AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, Standards Office,
FAA, has the authority to approve AMOCs
for this AD, if requested using the procedures
found in 14 CFR 39.19. Send information to
ATTN: Sarjapur Nagarajan, Aerospace
Engineer, FAA, Small Airplane Directorate,
901 Locust, Room 301, Kansas City, Missouri
64106; telephone: (816) 329–4145; fax: (816)
329–4090. Before using any approved AMOC
on any airplane to which the AMOC applies,
notify your appropriate principal inspector
VerDate Nov<24>2008
17:39 Mar 17, 2009
Jkt 217001
(PI) in the FAA Flight Standards District
Office (FSDO), or lacking a PI, your local
FSDO.
(2) Airworthy Product: For any
requirement in this AD to obtain corrective
actions from a manufacturer or other source,
use these actions if they are FAA-approved.
Corrective actions are considered FAAapproved if they are approved by the State
of Design Authority (or their delegated
agent). You are required to assure the product
is airworthy before it is returned to service.
(3) Reporting Requirements: For any
reporting requirement in this AD, under the
provisions of the Paperwork Reduction Act
(44 U.S.C. 3501 et seq.), the Office of
Management and Budget (OMB) has
approved the information collection
requirements and has assigned OMB Control
Number 2120–0056.
Related Information
(h) Refer to MCAI European Aviation
Safety Agency (EASA) AD No. 2009–0016,
dated January 22, 2009; Diamond Aircraft
Industries GmbH Mandatory Service Bulletin
No. MSB40–046/1, No. MSBD4–046/1, dated
April 25, 2007; and Diamond Aircraft
Industries GmbH Mandatory Service Bulletin
No. MSB40–046/3, No. MSBD4–046/3, dated
November 17, 2008, for related information.
Issued in Kansas City, Missouri, on March
11, 2009.
John R. Colomy,
Acting Manager, Small Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E9–5764 Filed 3–17–09; 8:45 am]
BILLING CODE 4910–13–P
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: Notice of proposed rulemaking
and request for comments.
SUMMARY: The U.S. Army Corps of
Engineers (Corps) is proposing to amend
the existing regulations at 33 U.S.C. 334
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 AFB,
Florida. We are also proposing to
remove an existing restricted area in the
Banana River at CCAFS. CCAFS
Command, 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 proposed enhancement
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11507
of these capabilities is necessary to
counter postulated threats to CCAFS.
DATES: Written comments must be
submitted on or before April 17, 2009.
ADDRESSES: You may submit comments,
identified by docket number COE–
2009–0001, by any of the following
methods:
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
E-mail:
david.b.olson@usace.army.mil. Include
the docket number, COE–2009–0001, 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–2009–0001. All
comments received will be included in
the public docket without change and
may be made available on-line at https://
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 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
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 https://
www.regulations.gov. All documents in
the docket are listed. Although listed in
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11508
Federal Register / Vol. 74, No. 51 / Wednesday, March 18, 2009 / Proposed Rules
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.
tjames on PRODPC61 with PROPOSALS
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
proposing to amend the regulations in
33 CFR part 334 by modifying § 334.540,
removing § 334.550, and adding
§ 334.595. The proposal includes the
removal of § 334.550 since it would now
be completely encompassed by the
expanded area of § 334.540.
The proposed amendments 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. 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 economic impact of the amendment
of this restricted area would have
practically no 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
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13:32 Mar 17, 2009
Jkt 217001
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. It may be reviewed at the
District office listed at the end of FOR
FURTHER INFORMATION CONTACT, above.
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. Revise § 334.540 to read as follows:
§ 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°25.17 N,
longitude 80°36.24 W, thence directly to
latitude 28°25.18′ N, longitude 80°36.65′
W, thence directly to latitude 28°25.25′
N, longitude 80°36.66′ W, thence
directly to latitude 28°25.22′ N,
longitude 80°38.36′ W, thence directly
to latitude 28°26.23′ N, longitude
80°38.25′ W, thence directly to latitude
28°26.23′ N, longitude 80°38.47′ W,
thence to reach the south side of the
Kennedy Space Center NASA Causeway
East Roadway at approximately latitude
28°30.74′ N, longitude 80°36.63′ W.
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(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.
§ 334.550
[Removed]
3. Remove § 334.550.
4. Add § 334.595 to read as follows:
§ 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°35.008′ N, longitude 80°34.448′ W,
thence directly to latitude 28°35.617′ N,
longitude 80°33.140′ W, thence
following the mean high water line
southerly at a distance of 1.5 miles to a
point at latitude 28°24.253′ N longitude
80°33.658′ W, thence proceeding
westerly to terminate at a point on the
shoreline at latitude 28°24.69′ N,
longitude 80°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
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Federal Register / Vol. 74, No. 51 / Wednesday, March 18, 2009 / Proposed Rules
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 ball
and red beacon from a 90-foot pole near
the shoreline at approximately latitude
28°35.0′ N, longitude 80°34.8′ W and
from a 90-foot pole near the shoreline at
approximately latitude 28°25.3′ N,
longitude 80°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: March 9, 2009.
Michael Ensch,
Chief, Operations, Directorate of Civil Works.
[FR Doc. E9–5746 Filed 3–17–09; 8:45 am]
BILLING CODE 3710–92–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 51 and 52
[EPA–HQ–OAR–2003–0064; FRL–8783–4]
RIN 2060–AP49
Prevention of Significant Deterioration
(PSD) and Nonattainment New Source
Review (NSR): Aggregation
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AGENCY: Environmental Protection
Agency.
ACTION: Proposed Rule.
SUMMARY: EPA is proposing to delay the
effective date for the Environmental
Protection Agency (‘‘EPA’’) rule
addressing ‘‘aggregation’’ under the
Prevention of Significant Deterioration
(‘‘PSD’’) and the nonattainment New
Source Review (‘‘nonattainment NSR’’)
programs (collectively, ‘‘NSR’’)
published in the Federal Register on
January 15, 2009. This rule (the ‘‘NSR
Aggregation Amendments’’) described
when a source must combine
(‘‘aggregate’’) nominally-separate
physical changes and changes in the
method of operation for the purpose of
determining whether they are a single
change resulting in a significant
emissions increase.
On January 30, 2009, the Natural
Resources Defense Council (‘‘NRDC’’)
VerDate Nov<24>2008
13:32 Mar 17, 2009
Jkt 217001
submitted a petition for reconsideration
(the ‘‘NRDC Petition’’) of the NSR
Aggregation Amendments. In response
to the NRDC Petition, EPA announced
on February 13, 2009, that it would
convene a reconsideration proceeding
for the NSR Aggregation Amendments
and would delay the effective date of
the rule from February 17, 2009 until
May 18, 2009. In this action, EPA is
proposing an additional delay of the
effective date of the NSR Aggregation
Amendments and soliciting comment
on the duration of this additional delay
in order to allow for sufficient time to
conduct the reconsideration proceeding.
DATES: Comments. Comments must be
received on or before April 17, 2009.
Public Hearing. If anyone contacts
EPA requesting a public hearing by
March 30, 2009, we will hold a public
hearing on April 2, 2009. If a hearing is
held, the record for the hearing will
remain open until May 4, 2009.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OAR–2003–0064, by one of the
following methods:
• https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
• E-mail: a-and-r-docket@epa.gov.
• Mail: Air and Radiation Docket and
Information Center, Environmental
Protection Agency, Mailcode: 6102T,
1200 Pennsylvania Ave., NW.,
Washington, DC 20460.
• Hand Delivery: Environmental
Protection Agency, EPA West Building,
Room 3334, 1301 Constitution Ave.,
NW., Washington, DC. Such deliveries
are only accepted during the Docket’s
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–HQ–OAR–2003–
0064. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
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 https://
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
PO 00000
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11509
www.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, EPA
recommends 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 EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. For additional information
about EPA’s public docket, visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
Docket: The final rule, the petition for
reconsideration, and all other
documents in the record for the
rulemaking are in Docket ID. No. EPA–
HQ–OAR–2003–0064. All documents in
the docket are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy. Publicly available docket
materials are available either
electronically in https://
www.regulations.gov or in hard copy at
the Air and Radiation Docket and
Information Center, EPA/DC, EPA West
Building, Room 3334, 1301 Constitution
Ave., NW., Washington, DC. The Public
Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone
number for the Public Reading Room is
(202) 566–1744, and the telephone
number for the Air and Radiation
Docket and Information Center is (202)
566–1742.
Public Hearing: If a hearing is held, it
will be held at the U.S. Environmental
Protection Agency, 1200 Pennsylvania
Avenue, Washington, DC 20004.
FOR FURTHER INFORMATION CONTACT: Mr.
David J. Svendsgaard, Air Quality Policy
Division, Office of Air Quality Planning
and Standards (C504–03), U.S.
Environmental Protection Agency,
Research Triangle Park, NC 27711;
telephone number: (919) 541–2380; fax
number: (919) 541–5509; e-mail address
svendsgaard.dave@epa.gov.
To request a public hearing, please
contact Mrs. Pam Long, Air Quality
Policy Division, Office of Air Quality
Planning and Standards (C504–03), U.S.
Environmental Protection Agency,
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]]>Agencies
[Federal Register Volume 74, Number 51 (Wednesday, March 18, 2009)]
[Proposed Rules]
[Pages 11507-11509]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-5746]
=======================================================================
-----------------------------------------------------------------------
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: Notice of proposed rulemaking and request for comments.
-----------------------------------------------------------------------
SUMMARY: The U.S. Army Corps of Engineers (Corps) is proposing to amend
the existing regulations at 33 U.S.C. 334 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 AFB, Florida. We are also proposing to
remove an existing restricted area in the Banana River at CCAFS. CCAFS
Command, 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 proposed
enhancement of these capabilities is necessary to counter postulated
threats to CCAFS.
DATES: Written comments must be submitted on or before April 17, 2009.
ADDRESSES: You may submit comments, identified by docket number COE-
2009-0001, by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov. Follow the
instructions for submitting comments.
E-mail: david.b.olson@usace.army.mil. Include the docket number,
COE-2009-0001, 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-2009-0001.
All comments received will be included in the public docket without
change and may be made available on-line at https://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 https://www.regulations.gov. All documents in
the docket are listed. Although listed in
[[Page 11508]]
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 proposing to amend the regulations in 33 CFR
part 334 by modifying Sec. 334.540, removing Sec. 334.550, and adding
Sec. 334.595. The proposal includes the removal of Sec. 334.550 since
it would now be completely encompassed by the expanded area of Sec.
334.540.
The proposed amendments 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. 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 economic impact of the
amendment of this restricted area would have practically no 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. It may be reviewed at the District
office listed at the end of FOR FURTHER INFORMATION CONTACT, above.
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. 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]
3. Remove Sec. 334.550.
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
[[Page 11509]]
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 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: March 9, 2009.
Michael Ensch,
Chief, Operations, Directorate of Civil Works.
[FR Doc. E9-5746 Filed 3-17-09; 8:45 am]
BILLING CODE 3710-92-P
