Restricted Areas at Cape Canaveral Air Force Station, Patrick AFB, FL, 36400-36402 [E9-17551]

Download as PDF 36400 Federal Register / Vol. 74, No. 140 / Thursday, July 23, 2009 / Rules and Regulations Interference with Constitutionally Protected Property Rights. Civil Justice Reform This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. Protection of Children We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and does not create an environmental risk to health or risk to safety that may disproportionately affect children. Indian Tribal Governments This rule does not have Tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian Tribes, on the relationship between the Federal Government and Indian Tribes, or on the distribution of power and responsibilities between the Federal Government and Indian Tribes. erowe on DSK5CLS3C1PROD with RULES Energy Effects We have analyzed this rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a ‘‘significant energy action’’ under that order because it is not a ‘‘significant regulatory action’’ under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. Technical Standards The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or VerDate Nov<24>2008 14:47 Jul 22, 2009 Jkt 217001 adopted by voluntary consensus standards bodies. This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. Environment We have analyzed this rule under Department of Homeland Security Management Directive 023–01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321–4370f), and have concluded this action is one of a category of actions which do not individually or cumulatively have a significant effect on the human environment. This rule is categorically excluded, under figure 2–1, paragraph (34)(g), of the Instruction because the rule involves the establishment of a safety zone. An environmental analysis checklist and a categorical exclusion determination are available in the docket where indicated under ADDRESSES. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. ■ For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: ■ termination time, the Captain of the Port will cease enforcement of this safety zone and will announce that fact via Broadcast Notice to Mariners. (c) Definitions. The following definition applies to this section: Designated representative, means any commissioned, warrant, or petty officers of the Coast Guard on board Coast Guard, Coast Guard Auxiliary, or local, State, or Federal law enforcement vessels who have been authorized to act on the behalf of the Captain of the Port. (d) Regulations. (1) Entry into, transit through or anchoring within this safety zone is prohibited unless authorized by the Captain of the Port of San Diego or his designated on-scene representative. (2) Mariners requesting permission to transit through the safety zone may request authorization to do so from the Patrol Commander (PATCOM). The PATCOM may be contacted on VHF–FM Channel 16. (3) All persons and vessels must comply with the instructions of the Coast Guard Captain of the Port or the designated representative. (4) Upon being hailed by U.S. Coast Guard patrol personnel by siren, radio, flashing light, or other means, the operator of a vessel shall proceed as directed. (5) The Coast Guard may be assisted by other Federal, State, or local agencies. Dated: July 6, 2009. T.H. Farris, Captain, U.S. Coast Guard, Captain of the Port San Diego. [FR Doc. E9–17556 Filed 7–22–09; 8:45 am] BILLING CODE 4910–15–P Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. DEPARTMENT OF DEFENSE 2. Add temporary safety zone § 165.T11–166 to read as follows: 33 CFR Part 334 ■ § 165.T11–166 Safety Zone; AVI September Fireworks Display, Colorado River, Laughlin, NV. (a) Location. The following area is a safety zone: All navigable waters of the Lower Colorado River, from surface to bottom, within 1000 feet of the fireworks firing location, adjacent to the AVI Resort and Casino, and centered in the channel between Laughlin Bridge and the northwest point of AVI Resort and Casino Cove, at approximate position 35°00′45″ N, 114°38′16″ W. (b) Enforcement Period. This section will be enforced from 8 p.m. to 9:45 p.m. on September 6, 2009. If the event concludes prior to the scheduled PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 Department of the Army, Corps of Engineers Restricted Areas at Cape Canaveral Air Force Station, Patrick AFB, FL AGENCY: United States Army Corps of Engineers, Department of Defense. ACTION: Final rule. 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, E:\FR\FM\23JYR1.SGM 23JYR1 Federal Register / Vol. 74, No. 140 / Thursday, July 23, 2009 / Rules and Regulations 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 § 334.540, removing § 334.550, and adding § 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. erowe on DSK5CLS3C1PROD with RULES 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. VerDate Nov<24>2008 14:47 Jul 22, 2009 Jkt 217001 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. ■ 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 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. (b) The regulation. (1) The area described in paragraph (a) of this PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 36401 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 the permission of the Commander, 45th Space Wing or his/her designee. E:\FR\FM\23JYR1.SGM 23JYR1 36402 Federal Register / Vol. 74, No. 140 / Thursday, July 23, 2009 / Rules and Regulations erowe on DSK5CLS3C1PROD with RULES (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 VerDate Nov<24>2008 14:47 Jul 22, 2009 Jkt 217001 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 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 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] BILLING CODE 3710–92–P E:\FR\FM\23JYR1.SGM 23JYR1

Agencies

[Federal Register Volume 74, Number 140 (Thursday, July 23, 2009)]
[Rules and Regulations]
[Pages 36400-36402]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-17551]


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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]
BILLING CODE 3710-92-P